(A) Commercial solar energy systems may be located in zoning districts designated A, B, I-1, and I-2.
(B) No construction of a CSES shall commence before the issuance of an improvement location permit by the Zoning Administrator. Prior to the issuance of an improvement location permit, the applicant, owner, and operator shall be required to obtain the following:
(1) Economic development agreement for the project with the Board of Commissioners of the county and the County Council;
(2) Development plan approval for the project from the County Advisory Planning Commission during a public hearing;
(3) Approval of any proposed variances by the County Advisory Planning Commission in conjunction with the development plan approval;
(4) Drainage plan approval from the County Drainage Board;
(5) Stormwater pollution prevention plan approval from the County Soil and Water Conservation District, or other applicable entity; and
(6) Department of Natural Resources and Army Core of Engineers shall provide written approved if the CSES are situated within a designated floodplain and/or floodway.
(C) Application. The applicant, owner, and operator shall file with the Zoning Administrator:
(1) An application for an improvement location permit;
(2) Project narrative;
(3) Development plan;
(4) Decommissioning plan;
(5) Safety and security plan and insurance;
(6) Landscaping/screening plan;
(7) Telecommunications and wireless signals report;
(8) Coordination report;
(9) A list of the applicant, owner, and operator, any other responsible party, and, if applicable, each of their immediate and ultimate parent companies, listing experience in similar projects. If the applicant is not the owner of the real property on which the project is sited, all participating landowners of the real property where the project is to be located must be co-applicants; and
(10) List the names, addresses, email addresses, phone numbers, and websites of applicants, owners, operators, and co-applicants.
(D) Economic development agreement. The applicant, owner, and operator shall enter into an economic development agreement with the Board of Commissioners of the county and the County Council to address matters related to economic development and the economic impact of the proposed solar energy system project with respect to each county governing entities’ duly-respective powers.
(E) Development plan. The development plan shall be submitted with the application for an improvement location permit and in accordance with the County Zoning Ordinance, with a map, or set of maps, at appropriate scales depicting the following items:
(1) Approximate location of all SES structures, including:
(a) Location, number, and spacing of solar panel blocks;
(b) Substations;
(c) Maintenance and storage buildings;
(d) Transmission lines, collectors;
(e) Ancillary equipment;
(f) Identification, access, informational, and warnings signs; and
(g) Battery storage, if any.
(2) Boundary survey, or a reference to a previously-recorded survey, conducted in accordance with the minimum standards for competent practice of land surveying, as outlined in 865 I.A.C. 1-12;
(3) Location of fencing, screening, and buffer areas;
(4) Location of all access roads and access points;
(5) Location of all aboveground and underground utility lines associated with the site;
(6) Floodplain location and elevation, and wetlands, if any;
(7) Location of all residences and other principal structures within 200 feet of the nearest SES structure;
(8) Location of all easements; and
(9) Location of all security lights.
(F) Decommissioning plan.
(1) A decommissioning plan shall be submitted with the development plan to assure the project will be properly decommissioned by the applicant or any subsequent owner upon the end of the project life or abandonment. The plan shall demonstrate how the removal of all infrastructure and remediation of soil and vegetation will be conducted, and the expected timeline for execution of the decommissioning. A cost estimate for decommissioning, determined by a third-party professional engineering firm, shall be included. Salvage value may be considered in determining decommissioning cost.
(2) The applicant shall secure and provide to the Board of Commissioners of the county a financial assurance in the form of a performance bond, surety bond, or other form of financial assurance in an amount not less than 125% of said third-party professional engineering firm’s estimate that is acceptable to the Board of Commissioners of the county before the issuance of an improvement location permit.
(3) The obligations, with respect to decommissioning, shall include removal and proper disposal of, all physical material pertaining to the project improvements beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements.
(4) In the event of a force majeure or other event that results in the absence of electrical generation for 12 consecutive months, by the end of the twelfth month of non-operation, the applicant must demonstrate to the Advisory Planning Commission that the project will be substantially operational and producing electricity within 24 months of the force majeure or other event. If such demonstration is not made to the Advisory Planning Commission’s satisfaction, the decommissioning must be initiated 18 months after the force majeure or other event. A FORCE MAJEURE EVENT means fire, earthquake, flood, tornado, or other acts of God and natural disasters, and war, civil strife, or other similar violence.
(5) The decommissioning plan shall include the full written legal description of all participating properties from the last recorded deed(s), or subsequently recorded project legal description. It shall also include the record owner name(s) of the property(ies) from the last recorded deed(s), and a cross-reference to the book and page and document number of those deed(s) as recorded in the office of the County Recorder.
(6) Before an improvement location permit is issued, the decommissioning plan shall be duly-recorded in the office of the County Recorder.
(7) The decommissioning plan shall be updated by the operator and approved by the Advisory Planning Commission every five years after the approval of the initial decommissioning plan, and when any material improvements are added to the project. All updates to the decommission plan shall be recorded using the same criteria as outlined in divisions (F)(5) and (F)(6) above, and must also contain a cross-reference to the initial recorded decommissioning plan.
(G) Safety and security plan; insurance.
(1) A safety and security plan shall be submitted demonstrating provisions for site security and safety. If the plan includes using county services, it shall include the signatures of the proper authorities, indicating they are aware of their role and capable of performing it. Coordination of local emergency responders must be included.
(2) All CSESs shall provide the following warnings and safety information at all locked entrances:
(a) A visible “High Voltage” warning sign;
(b) Name and phone number for the electric utility operator;
(c) Name and phone number for the site operator;
(d) The facility’s 911 address and GPS coordinates; and
(e) A lock box with keys as needed.
(3) The owner and operator of a CSES shall maintain commercial general liability insurance covering death, bodily injury, and property damage, which may be combined with umbrella coverage, and shall be required to name the county as an additional insured solely to the extent of liabilities arising under this chapter, in such amounts as agreed upon in the safety and security plan.
(H) Landscaping/screening plan. A landscaping/screening plan shall demonstrate the plan to mitigate any negative visual impact on residences and other principal structures on adjoining property via fencing, the planting of vegetation, utilization of existing natural screening, or a combination thereof. Additionally, the plan shall demonstrate the proposed method to control site erosion via the planting of grass or other cover crops. Unhealthy and dead plants shall be replaced promptly, and not later than one year of being provided written notice from the Zoning Administrator.
(I) Telecommunications and wireless signals report. The applicant shall submit a telecommunications and wireless signals report prepared by a licensed professional engineer with a specialization in telecommunications identifying any expected interference with over the air communications. The applicant shall provide a statement that it will mitigate any such interference. If, after construction, the applicant receives a written complaint related to interference, the applicant shall promptly resolve the complaint. No solar energy system shall interfere with public safety telecommunications.
(J) Coordination report. The applicant shall submit a summary report identifying the applicable federal and state entities with permitting authority in respect to environmental, health, and safety standards and regulations, and identifying the entities the applicant has communicated and coordinated with in respect to the project.
(K) Waste handling and disposal. All solid waste, whether generated from supplies, equipment, parts, packaging, operation, or maintenance of the facility, shall be removed from the site promptly and disposed of in accordance with all local, state, and federal laws. All hazardous waste related to the construction, operation, maintenance, or decommissioning of the facility shall be handled, stored, transported, and disposed of in accordance with all local, state, and federal laws.
(L) Additional assurances. The applicant shall provide a notarized statement acknowledging and affirming the following with respect to the project.
(1) All duties and obligations of the owner and operator shall be joint and several, and shall be binding upon each of their heirs, successors in interest, and assigns.
(2) At least 30 days after any transfer of any ownership interest in the project or change in operator, written notice shall be given to the executive of the municipality where the project is located, and the Zoning Administrator.
(Ord. 2021-11, passed 8-17-2021)