(A) Level 1 solar energy system includes the following:
(1) Roof-mounted on any code-compliant structure;
(2) Ground-mounted on an area of up to 50% of the footprint of the primary structure on the parcel but no more than one acre;
(3) Covering permanent parking lot and other hardscape areas; and
(4) Building integrated solar (such as, shingle, hanging solar, canopy, and the like).
(B) Level 2 solar energy systems are ground-mounted systems not included in level 1 that meet the area restriction listed below:
(1) Residential: SES less than one-half acres;
(2) Commercial/business: SES less than ten acres;
(3) Industrial: SES of any size; or
(4) Office/institutional: SES less than or equal to ten acres.
(C) Level 3 solar energy systems are systems that do not satisfy the parameters for a Level 1 or Level 2 solar energy system.
(D) The following are requirements/standards connected with this use.
(1) All solar panels must be constructed and positioned to minimize glare onto adjacent properties and adjacent roadways and must not interfere with traffic or create a safety hazard.
(2) Warning signals concerning voltage must be placed at the main gate to include the name of the solar farm operator and a local phone number of the solar farm operator in case of emergency.
(3) Landscape buffer/screens, ground cover, security fences, gated, and warning signs must be maintained in good condition until the solar farm is decommissioned as set forth in the Decommissioning Plan.
(4) The conditional use permit issued the City Council is subject to revocation if the Zoning Administrator is not notified when the solar farm company holding the permits sells or otherwise transfers its interest to another entity or individual.
(5) Removal of solar farm equipment and site restoration.
(a) Applicant must include decommissioning plans that describe the anticipated life of the solar farm, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the solar farm will be decommissioned and the site restored.
(b) Following a continuous six-month period in which no electricity is generated, the permit holder will have six months to complete decommissioning of the solar farm. Decommissioning includes removal of solar panels, buildings, cablings, electrical components, and any other associated facilities below grade as descried in the approved decommissioning plan.
(c) Prior to issuance of the zoning compliance certificate by the Zoning Administrator, the applicant must provide the town with a performance guarantee as provided in division (D)(5)(d) below.
1. The amount of the guarantee shall be one and one-fourth times the estimated decommissioning cost minus the salvageable value, or $50,000, whichever is greater.
2. Estimates for decommissioning the site and salvage value shall be determined by a state licensed engineer or a licensed contractor.
3. It is the responsibility of the applicant to provide the town with the certified cost estimate.
(d) The following types of performance guarantees are permitted.
1. A surety or performance bond that renews automatically includes a minimum 60-day notice to the town prior to cancellation, is approved by the Town Administrator, and is from a company on the U.S. Department of Treasury’s listing of certified companies. A bond certificate must be submitted to the Zoning Administrator each year verifying the bond has been properly renewed.
2. A certified check deposited with the Town Finance Director, as escrow agent, who will deposit the check in an interest-bearing account of the town, with all interest accruing to the applicant. Funds deposited with the Town Finance Director will be returned when the solar farm is decommissioned and any necessary site restoration is completed.
3. A no-contest irrevocable bank letter of credit from a banking corporation licensed to do business in the state. The terms of the letter must include the absolute right of the Town Finance Director to withdraw funds from the bank upon certification by the town that the terms and conditions of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved.
(e) The full amount of the bond, certified check, or letter of credit must remain in full force and effect until the solar farm is decommissioned and any necessary site restoration is completed.
(f) The land owner or tenant must notify the town when the site is abandoned.
(Prior Code, § 9-4002) (Ord. passed 7-24-1970; Ord. passed - -; Ord. passed - -; Ord. passed 4-9-1998; Ord. passed 5-15-2007; Ord. passed 7-10-2014; Ord. passed 1-8-2015)