(A) No permit for the installation of ground mounted solar panels shall be issued unless the City Council of the City of Polo has granted a permit for such.
(B) Any property owner or other authorized person or entity (“applicant”) who desires to place ground mounted solar panels in the City of Polo, must petition the Zoning Board of Appeals and request a special use permit. This section applies to all zoning classifications in the city.
(C) The “use” of ground mounted solar panels shall be classified as an “accessory use”.
(D) The following shall be required considerations for the ZBA and the City Council when deciding whether to grant or deny an applicant’s petition:
(1) Ground mounted solar panels should only be permitted when roof mounting is not feasible.
(2) The height of the panels must not exceed ten feet from the ground.
(3) The panels must meet setback requirements as established elsewhere in the Code of Ordinances and must be located in the rear yard only and must be located at least ten feet from any residence.
(4) The Board should consider whether the panels will create a reflective glare which may be objectionable to neighboring properties.
(5) At the public hearing on a petition for a special use permit, the Board may consider such other factors as deemed relevant to the Board.
(6) The property owner must present a plan acceptable to the Board and the City Council for decommissioning the ground mounted solar panels when their useful life ends and in the event that the special use permit is terminated as provided in the Code of Ordinances. If the solar service is out of service or not producing electrical energy for a period of 12 months, it will be deemed nonoperational and decommissioning and removal of that service will need to commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the service and restoration of the land shall be prepared by a professional engineer or contractor who has expertise in the removal of the solar panels and service with said cost to be the property owner’s responsibility. The decommissioning cost shall be made by cash, surety bond, escrow account, or irrevocable letter of credit before installation commences. Further, a restoration plan shall be provided for the site with the application. The decommissioning plan shall have the following provided:
(a) Removal of the following within six months:
1. All solar panels/collectors and components, above ground solar-related improvements, and outside storage related to the solar system.
2. Foundations, pads and underground electrical wires; reclaim site to a depth of not less than five feet below the surface of the ground.
3. Hazardous material from the property and dispose of same in accordance with federal and state law.
(b) The decommissioning and restoration plan shall also recite an agreement between the applicant and the city that:
1. The financial resources for decommissioning shall be in the form of a surety bond, escrow account, or other acceptable form of funds approved by the Mayor following consultation with the City Council, the City Clerk and the City Treasurer.
2. A written agreement will be prepared which establishes upon what conditions the funds will be disbursed.
3. The city shall have access to the account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within six months of the end of project life or facility abandonment.
4. If the property owner does not complete the decommissioning and restoration plan, the city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.
5. The city is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the city's right to seek reimbursement from applicant or applicant successor for decommissioning costs in excess of the amount deposited in the account and to file a lien against any real estate owned by the applicant or applicant’s successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce said lien.
6. The terms of the decommissioning plan shall be binding upon the owner/operator and any of their successors, assigns, or heirs.
7. Financial provisions are not intended to be so onerous as to make solar power projects unfeasible.
(c) The owner shall provide the city with a new estimate of the cost of decommissioning the solar energy project every five years. Salvage value of structures, electrical wire, and other appurtenances shall be considered within the cost estimate calculations. Upon receipt of the new estimate, the city will have the right to require a new financial plan for decommissioning acceptable to the city. Failure to provide an acceptable financial plan shall be considered a cessation of operations.
(E) For all solar energy projects for the generation of electricity (i.e., not limited to ground mounted solar panels) in the City of Polo, the service must comply with all applicable codes adopted by the City of Polo.
(Ord. 22-03, passed 4-18-22)