(A) This section applies to the construction of any new SES within the zoning jurisdiction of the town.
(B) (1) An SES established prior to the effective date of this chapter shall be exempt.
(2) Exception: Modification to an existing SES that increases the SES area by more than 5% of the original footprint or changes the solar panel type (e.g. photovoltaic to solar thermal) shall be subject to this chapter.
(C) Maintenance and repair are not subject to this section.
(D) This chapter does not supersede regulations from local, state, or federal agencies.
(E) Aviation notification. The following requirements apply only to Level 1, Level 2, and Level 3 systems over one-half an acre in size:
(1) A map analysis showing a radius of five nautical miles from the center of the SES with any airport operations within this area highlighted shall be submitted with permit application.
(2) For consideration of potential impacts to low altitude military flight paths, notification of intent to construct the SES shall be sent to the NC Commanders Council at least 30 days before the CUP/SUP hearing for Level 3 SESs and at least 45 days before starting construction for applicable Level 1 and Level 2 SESs. Notification shall include location of SES (i.e. map, coordinates, address, parcel ID), technology (i.e. roof-mounted PV, ground-mounted fixed PV, tracked PV, solar thermal, and the like), and the area of system (e.g. five acres). Proof of delivery of notification and date of delivery shall be submitted with permit application.
(3) The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its user’s manual to evaluate the solar glare aviation hazard. The full report for each flight path and observation point, as well as the contact information for the Zoning Administrator, shall be sent to the authority indicated below at least 30 days before the CUP/SUP hearing for Level 3 SESs and at least 45 days before starting construction for Level 1 and Level 2 SESs. Proof of delivery of notification and date of delivery shall be submitted with permit application.
(a) Airport operations at airports in the National Plan of Integrated Airport Systems (NPIAS) within five nautical miles of the center of SES: provide required information to the Federal Aviation Administration’s (FAA) Airport District Office (ADO) with oversight of North Carolina.
(b) Airport operations at airports not in the NPIAS, including military airports, within five nautical miles of the center of SES: provide required information to the NC Commanders Council for military airports and to the management of the airport for non-military airports.
(4) Any applicable SES design changes (e.g. module tilt, module reflectivity, and the like) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the contact specified in divisions (E)(3)(a) and (E)(3)(b) above for accurate records of the as-built system.
(F) Level 1 SESs are a permitted use provided they meet the applicable height, setback, aviation notification, and related district standards.
(G) Level 2 and Level 3 solar energy system requirements. These requirements are in addition to height, setback, aviation notification, and applicable district standards.
(1) Site plan. A site plan shall be submitted to the Zoning Administrator demonstrating compliance with setback and height limitations, applicable zoning district requirements such as lot coverage, and applicable solar requirements per this chapter.
(2) Visibility.
(a) Level 1 SESs shall be constructed with buffering as required by the applicable zoning district or development standards.
(b) Level 2 & 3 SESs shall be constructed with buffering as required by the applicable zoning district or development standards such that a complete visual separation is achieved from adjoining uses of a lower intensity (or residential uses).
(c) Public signage (i.e. advertising, educational, and the like) as permitted by local signage ordinance, including appropriate or required security and safety signage.
(d) If lighting is provided at site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or the night sky. Motion sensor control is preferred.
(3) Decommissioning.
(a) A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with the permit application.
1. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, and the like).
2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.
3. Restoration of property to condition prior to development of the SES.
4. The timeframe for completion of decommissioning activities.
5. Description of any agreement (e.g. lease) with the landowner regarding decommissioning.
6. The party currently responsible for decommissioning.
7. Plans for updating this decommissioning plan.
(b) Prior to the issuance of a building permit, the owner of a SES site shall provide a surety or performance bond that renews automatically or irrevocable letter of credit in favor of the town in an amount equal to the estimated removal cost of the solar collectors, cabling, electrical components, and any other associated facilities, less the salvage value of the equipment prior to construction. A bond certificate must be submitted to the Land Management Department each year verifying the bond has been properly renewed. If the SES owner elects to use a letter of credit, it shall be issued by a federally chartered bank with a branch office in central North Carolina. The bond or letter of credit shall remain in full force and effect until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the conditional use permit.
(c) Before final electrical inspection, provide evidence that the decommissioning plan was recorded with the Register of Deeds.
(4) Parcel line setbacks. Dimensional requirements and setbacks to SES equipment, excluding any security fencing, poles, and wires necessary to connect to facilities of the electric utility, must comply with the underlying zoning district requirements in § 155.054. However:
(a) Sight distance. Ground-mounted SES must also not impair sight distance for safe access to or from the property or other properties in the vicinity.
(b) Screening. Level 1 SESs are subject to screening requirements typically applied to accessory utility systems (HVAC, dumpsters, and the like).
(c) Height. The height of systems will be measured from the highest natural grade below each solar panel. Height limitations exclude utility poles and any antennas constructed for the project.
1. Roof-mounted. Per underlying zoning district.
2. Ground-mounted Level 1. Ground-mounted Level 1 systems shall be limited to ten feet maximum height.
3. Ground-mounted Level 2 &3. Ground-mounted Level 2 & 3 systems shall be limited to 20 feet maximum height.
(d) The following table provides the parcel line setback to ground-mounted SES equipment, excluding any security fencing, poles, and wires necessary to connect to facilities of the electric utility:
District | Level 2 | Level 3 | ||
Per Zoning District* |
Front | Side | Rear | |
District | Level 2 | Level 3 | ||
Per Zoning District* |
Front | Side | Rear | |
R-20 | ||||
R-15 | ||||
R-8 | ||||
R-6 | ||||
HB | 30'* | 15'* | 25'* | |
I | 30'* | 15'* | 25'* | |
IB | 30'* | 15'* | 25'* | |
* 100' setback for SES equipment, excluding any security fencing, to any residential dwelling unit. If the SES is on a working farm where the primary residential structure of the farm is on an adjacent lot then this 100' setback will not apply to this primary residential structure. | ||||
(5) Prevention of clustering.
(a) No new SES shall be allowed within one geodesic mile of an existing or previously permitted SES within the corporate limits of the town or within the town's extraterritorial jurisdiction.
(b) No new SES will be allowed inside the corporate limits of the town or within the town's extraterritorial jurisdiction, within 400 feet of a main entrance corridor into the town. For the purposes of this division, the main entrance corridors are defined as N US 29 Hwy/Salisbury Ave, Long Ferry Rd. 3rd Street/Hollywood Dr. and 7th Street/7th Street Extension.
(Ord. 14-05, passed 5-13-14; Am. Ord. 14-12, passed 9-9-14; Am. Ord. 17-002, passed 3-14-17)