A BESS may be included with a special use permit for a commercial solar energy facilities and wind energy facilities; or when stand-alone, it will require an individual special use. All BESSs shall comply with the following requirements.
(A) Development standards.
(1) Setbacks.
(a) A BESS shall be setback a minimum distance of 150 feet from the nearest point on the outside wall of the structure of an occupied community building or a dwelling on non-participating property.
(b) A BESS shall have a zero setback from the boundary line of participating property.
(c) A BESS shall have a 50-foot setback from the nearest edge of a public road right-of-way.
(d) BESSs shall be setback a minimum of 50 feet from the nearest point on the property line of any non-participating property.
(2) Lighting. Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining properties and the public roads.
(3) Vegetative screening and fencing.
(a) Vegetative screening and fencing may be added, as a condition for the special use, around the perimeter of the BESS. Fences shall be a minimum of six feet in height and shall be constructed of a type suitable for security purposes.
(b) Vegetative screening may be added, as a condition of the special use, along the outside perimeter of the fence at a suitable height and density to minimize the view of the facility from non-participating properties and public rights-of-way.
(4) Decommissioning.
(a) If the BESS is included with or amended to a special use for a commercial solar energy facility or commercial wind energy facility, the decommissioning costs shall follow the decommissioning/bonding requirements for those facilities.
(b) If the BESS is an independent special use, a decommissioning plan and engineer’s estimate shall be provided.
(c) 1. The BESS owner/operator shall provide sufficient security for decommissioning of the facility prior to issuance of the building permit.
2. The decommissioning cost shall be approved by the county, considering the engineer’s estimate.
(5) Applicant.
(a) The battery energy applicant shall defend, indemnify, and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers, and agents (collectively and individually, the indemnified parties) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorney’s fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance, and removal of the battery energy storage system (BESS) including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including, without limitation, strict liability or negligence) or any acts or omissions of the battery energy applicant, the owner or the operator under this subchapter or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities arise from the negligence or intentional acts of such indemnified parties.
(b) This general indemnification shall not be construed as limiting or qualifying the county's other indemnification rights available under the law
(Ord. passed 5-16-2023)