Solar farms, also known as solar energy systems (SESs) with photovoltaic systems, are subject to the following regulations.
(A) Setbacks: minimum of 50 feet from all property lines (inclusive of equipment and fencing).
(B) Security: fencing shall be a minimum of six feet in height and secured to reduce/eliminate trespassing.
(C) Height: maximum (not including power lines) of 15 feet.
(D) Buffers. Minimum requirements of this chapter shall be applied with vegetative buffers having a minimum of three feet in height at the time of project construction and reaching a minimum of eight feet in height within five years.
(1) Landscaping including vegetative buffers, security fences and gates shall be maintained for the duration of the solar farm operation, up to and including decommissioning (dismantled/removed).
(2) Vegetative buffer shall be installed (exception granted if an existing natural buffer meeting the requirements of this chapter exists) surrounding the solar farm site to screen adjacent properties, with the exception of the entrance-road frontage of the lot or parcel where a buffer is not required.
(E) Solar panels/arrays shall be constructed so as to minimize glare or reflection onto adjacent properties and roadways.
(F) Decommissioning. The Planning and Zoning Administrator, or his or her designee shall be advised, in writing within 30 days, by the solar farm operator or property owners (whichever entity/party holds the zoning and building permits holder) in the event the project is sold or otherwise transferred to another entity/party and/or the current operator/owner abandons the project.
(1) At the time of applying for permits the applicant (solar farm developer or property owner) shall include a decommissioning plan with the anticipated life expectancy of the solar farm and the anticipated cost in current dollars, as well as the method(s) of insuring that funds will be available for decommissioning and restoration of the project site to its original, natural condition prior to the solar farm development.
(2) If the site is damaged, the solar farm operate shall have 12 months to bring the project back to its operational capacity. If for any reason the solar farm is not generating electricity after six months, the operator shall have six months to complete decommissioning of the solar farm in compliance with division (F)(1) above.
(3) In the event of bankruptcy or similar financial default of the solar farm, the property owner of the project site shall bear the decommissioning costs.
(G) Other applicable codes/inspections. All solar farms shall be in compliance the requirements of the most current state building and electrical codes, the State of North Carolina and Warren County.
(1) All active solar farms shall be inspected by a County Code Enforcement Officer (Building Inspector) on an annual basis to ensure compliance with applicable state building and electrical codes.
(2) Each solar farm shall be required to have the facility inspected annually for three years by the Planning and Zoning Administrator or his or her designee following the issuance of the zoning permit or development permit (applicable in the un-zoned areas of Warren County) to verify continued compliance with the Zoning Ordinance or Solar Farm Ordinance as applicable.
(3) Additional inspections shall be conducted as necessary in the event of complaints and shall not replace the noted inspections outlined in this subchapter.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)