(B) Lot size. The minimum lot size for a solar farm shall be 20 acres. A parcel containing a solar farm shall not require frontage on a public street.
(1) Proof of a lease, deed or purchase agreement for the parcel for the proposed solar farm;
(2) Type of solar panel to be used and any hazardous chemicals contained in the solar panels and measures to prevent leakage;
(3) Name and address of the manufacturer, and model of the solar panels;
(4) Expected energy output and anticipated useful life of the system, development phases, likely markets for the generated energy, and possible future expansions;
(5) Information on the visual impact of the proposed solar farm using photos or computer-generated images of the project on the site to demonstrate the appearance of the project from off site.
(6) Maintenance and construction schedule. The applicant shall provide a written description of the maintenance program to be used to maintain the SES, and the anticipated construction schedule;
(7) Digital versions of all planning and construction documents required pursuant to
(8) A decommissioning plan as required by division (D) of this section;
(9) Distance from the proposed solar farm to the nearest habitable dwelling unit on a parcel which does not contain the solar farm;
(10) A security plan detailing on-site security provisions which may include fencing, security guards, video surveillance, and similar measures;
(11) A landscaping plan illustrating the number, size, type and spacing of trees proposed to screen the solar farm from nearby roadways;
(13) The Planning Commission may waive or modify some of the above requirements at the request of the applicant if the Commission determines that those items would not be needed to properly review the project.
(D) Decommissioning: The applicant shall submit a decommissioning plan to the township which shall address all of the following:
(1) Defined conditions upon which decommissioning will be initiated (such as, end of land lease, no power production for nine months, obsolete equipment and similar circumstances);
(2) A description as to how the useful life of the system will be determined and who will make this determination;
(3) Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and building foundations to a depth of three feet below grade;
(4) Restoration of property to the condition prior to development of the solar farm including measures to ensure that soils are not contaminated during decommissioning;
(5) The timeframe for completion of decommissioning activities;
(6) An engineer’s cost estimate for all aspects of the decommissioning plan;
(7) Description of any agreement with the landowner regarding decommissioning;
(8) Provisions for updating the decommissioning plan;
(9) A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the decommissioning plan and the special land use permit upon cessation of use; and
(10) The Planning Commission may require that the owner or operator provide a financial guarantee to cover the costs of decommissioning the site in accordance with division (G) of this section.
(E) Additional requirements for solar farms.
(1) Safety/access. A security fence shall be placed around the perimeter of the solar farm with a locked gate. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. The height and material of the fence shall be as approved by the Planning Commission depending upon the location of the facility.
(2) The facility shall be designed for interconnection to a public utility electrical power grid, and shall be operated with such interconnection. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the township of approval from the applicable utility company. Use of above-ground transmission lines for the SES shall be prohibited within the site.
(3) The portion of the premises on which the array of collector panel structures is located shall not be paved with asphalt or any other surface material that is impervious to rainwater.
(4) Plantings shall be installed around the perimeter of the parcel or parcels containing the solar farm. One deciduous or conifer tree for every 25 feet of property line length is required. The Planning Commission may modify the landscaping requirement depending upon the location of existing plant material on the site or if additional plantings are needed to buffer existing land uses. Trees shall be a minimum of four feet tall when planted and remain in good condition for the life of the project.
(5) Setbacks. Solar panels shall be setback a minimum of 50 feet from all right of way lines and ten feet from all other lot lines except solar panels shall not be placed closer than 100 from the lot line of another parcel containing a dwelling unit. There shall be five feet between any separate structures that comprise a solar farm.
(6) Height. A ground mounted SES shall not exceed a height of 20 feet above natural grade at the time of project approval, as depicted on the site plan. The height shall be measured from the highest point of the panel when oriented at its maximum tilt to the ground immediately below the panel.
(7) Electrical Interconnections. All electrical interconnection or distribution lines shall comply with all applicable codes. The applicant shall provide evidence to the township of approval of connection from the applicable utility company.
(8) Use of above-ground transmission lines for the SES shall be prohibited within the site.
(9) Maintenance and annual summary report. Every solar farm must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall keep a record of all maintenance performed and repairs made to and replacement of equipment and parts. On or about the anniversary date of the approval by the Planning Commission of the special land use permit, the applicant shall provide a summary of this maintenance record to the township’s Zoning Administrator.
(F) Administration costs initial application and ongoing.
(1) For each solar energy system application, the applicant/owner/operator shall deposit into an escrow account with the township the amount of $5,000. The purpose of this escrow account is:
(a) To reimburse the township for its costs incurred to hire consultants and experts as the township, at its sole discretion, deems desirable to examine, evaluate and verify the data and statements presented by the applicant/owner/operator; and
(b) For the life of each solar energy system, to cover the administrative and legal costs incurred by the township in monitoring and enforcing the owner/operator's ongoing compliance with this chapter.
(2) The account shall be managed as follows:
(a) Funds can be withdrawn from this account only by the signature of a township designee;
(b) If at any time the balance of this account shall fall below $1,000, the applicant/owner/operator shall deposit additional funds to restore the account to a $5,000 balance;
(c) If at any time the balance of this fund shall fall below $1,000 for a continuous period of thirty days, the application shall be considered to have been withdrawn, or the Permit for the solar energy system may be terminated by the township; and
(d) A township designee shall be charged with monitoring the escrow account and giving quarterly reports to the Planning Commission. After the solar energy system has been removed and site restoration has been completed, as defined in this chapter, any balance remaining in this account shall be returned to the applicant.
(G) Removal cost guarantee. The cost of removal and site restoration is the full responsibility of the landowner and also the applicant and/or owner/operator. In order to provide the greatest possible financial assurance that there will be sufficient funds to remove the solar energy system and to restore the site, the following steps shall be followed:
(1) For each solar energy system, the applicant/owner/operator shall determine an amount of money equal to the estimated removal and restoration cost. The Planning Commission may require independent verification of the adequacy of this amount;
(2) Such removal and site restoration obligation shall be secured by the land owner and/or the applicant filing with the township a surety bond, letter of credit, or cash deposit with language and terms acceptable to the township; and
(3) The removal cost guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the applicant/land owner every five years. The Planning Commission may require independent verification of the adequacy of this amount. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.
(H) Transfer of ownership. Prior to a change in the ownership or operation of a solar energy system, including but not limited to the sale or lease of that system or the underlying property, the current land owner or operator shall provide written notice to the township at least 60 days prior to that change becoming effective. This notice shall inform the township of the intended transfer of control of the solar energy system or the underlying property, and shall include a copy of the instrument or agreement effectuating that transfer. Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this subchapter, including requirements for continuing security and escrow funds, has been established.
(Ord. 2020-01, passed - -2020)