The regulations regarding commercial Solar Energy Conversion Systems (hereafter referred to as SECS) to read:
(a) Intent.
(1) The intent of regulations for Solar Energy Conversion Systems is to encourage the development of alternative sources of energy while protecting the health, safety, and welfare of the public.
(b) SECS standards. The following standards apply to Commercial SECS:
(1) Commercial SECS shall be permitted only on lands zoned A-1 Agricultural, C-Commercial, I-1 or 1-2 Industrial, or RC Recreation/Conservation with the issuance of a conditional use permit.
(2) Signs. No advertising signs or logos shall be permitted on the SECS. One project identification sign, not to exceed 20 square feet, shall be allowed.
(3) An interconnection agreement must be completed with an electric utility.
(4) Public roads. The permittee shall obtain all locally required road permits for construction. Prior to commencement of construction, the permittees shall identify all state, county or township "haul roads" that will be used for the SECS project and shall notify the governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the SECS. Where practical all-weather roads shall be used to deliver all other heavy components to and from the SECS site.
The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the SECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the County Planning Department of such arrangements.
(5) Private roads. The permittee shall promptly repair private roads, easements, or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.
(6) Dust control. The permittees shall utilize all reasonable measures and practices of construction to control dust.
Storm Water Pollution Prevention Plan (SWPPP) and Soil Erosion and Sediment Control Plan.
The permittees shall develop a SWPPP and Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County Planning Department. The SWPPP and Soil Erosion and Sediment Control Plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction and drainage of roads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.
(7) Other standards and codes. All solar farms shall be in compliance with any applicable local, state, and federal regulatory standards for solar energy systems.
Standards (9) through (11) must be provided as part of a complete Conditional Use Permit Application.
(8) Application contents. Every application for a commercial SECS permit shall include the following information:
A. Name and address of the applicant.
B. Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.
C. Site plan. A plot and development plan drawn in sufficient detail to clearly describe the following:
1. Physical dimensions and locations of the property, existing structures, and proposed structures.
2. Location of electrical lines and facilities.
3. Existing topography.
4. Proposed grading and removal of natural vegetation.
5. Setbacks.
D. General information on the typical type, size, height, rated power output, performance, and safety, of each SECS model, and electrical transmission equipment.
E. A location map to scale of all occupied structures within one-half mile of the boundary of the property upon which the SECS is to be located.
F. An application including any SECS which is located within a 100-year flood plain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a Flood Plain Development Permit.
G. Project schedule with anticipated construction date and completion date.
H. A Staging Area Plan depicting properties where materials and construction equipment will be stored during the installation process.
(9) If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of SECS; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed SECS and accessory structures. Such additional information as shall be required by the Planning Director.
(10) Decommissioning/ Restoration/ Abandonment.
A. Decommission Plan. Within 120 days of completion of construction, the permittees shall submit to the County Planning Department a decommissioning plan describing the manner in which the permittees anticipate decommissioning the project in accordance with the requirements of paragraph B. below. The plan shall include a description of the manner in which the permittees will ensure that it has the financial capability to carry out the restoration requirements when they go into effect. The permittee of the SECS shall ensure that it carries out its obligation to provide the resources necessary to fulfill these requirements. The County Planning Department may at any time request the permittee of the SECS to file a report with the County Planning Department describing how the permittee is fulfilling this obligation. A commercial SECS shall be deemed inoperable if it has not generated power for 12 consecutive months.
B. Site restoration. Upon expiration of this permit, or upon earlier termination of operation of the SECS, the permittee shall have the obligation to dismantle and remove from the site all electrical generating equipment, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four feet. To the extent possible, the permittee shall restore and reclaim the site to its pre-project topography and topsoil quality. All access roads shall be removed unless written approval is given by the affected landowner requesting that one or more roads, or portions thereof, be retained. Any agreement for removal to a lesser depth or for no removal shall be recorded with the County Planning Department and shall show the locations of all such foundations. All such agreements between permittee and the affected landowner shall be submitted to the County Planning Department prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition within 18 months after expiration.
C. Providing surety. The Planning Director shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include establishing an escrow account into which the project developer/ permittee will deposit funds on a regular basis over the life of the project. The unit of government shall then have access to the escrow account for the explicit purpose of decommission. Financial provisions shall not be so onerous as to make SECS projects unfeasible.
(c) Application review.
(1) Conditional use permit. A conditional use permit is required for a Commercial SECS.
(2) Technical issues and expert review. Solar Energy Conversion Systems may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Planning Director may require the applicant to pay reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the County.
(3) Building permit. Conditional use permit approval of solar energy conversion systems is separate from the building permit process. Building permits for the construction of facilities cannot be issued until the facility is approved through the conditional use permit process.
(Ord. 37-14, passed 6-24-2014)