(A) Applicability for SES-C.
(B) Safety, design, and installation standards for SES-C.
(1) Horizontal extension.
(a) The furthest horizontal extension of an SES-C, excepting the SES-C collection system, SES-C transmission lines, point(s) of ingress/egress and SES-C perimeter access roads/lanes:
1. Shall not extend into a setback which is otherwise required for the zoning district in which the SES-C is located;
2. Shall not extend into a setback required for an adjacent zoning district; and
3. Shall not be less than 15 feet from any structure or public right-of-way easement for any above-ground telephone fine, electrical transmission line, electrical distribution fine or other above-ground communication or transmission fine.
(2) Height.
(a) Ground-mounted SES-C arrays shall not exceed 25 feet in height when oriented at maximum tilt.
(3) Setback requirements.
(a) Minimum setbacks.
1. The minimum setbacks for an SES-C's above-ground equipment and structures are measured in a straight-line distance from the outer edge of said equipment or structure that is nearest to the point of concern, as defined in Table 1.
2. Setbacks apply to solar panels, racking, accessory buildings, and other power equipment. These do not apply to underground cabling, fencing, point(s) of ingress/egress or perimeter access roads/lanes.
(b) SES-C substation.
1. The substation setbacks shall be the same as those of an SES-C. An adjacent landowner may waive this set back requirement by execution of a written waiver.
(c) Poles and underground wiring.
1. For all poles carrying overhead wiring and for any underground wiring connecting the racks and components of an SES-C and/or to connect an SES-C to a substation for connection to or other direct connection to a utility's electric transmission line, there are no setback requirements from property lines of adjoining landowners so long as the poles and underground wiring are located within a recorded easement for such purpose or within a right-of-way.
(d) Ground-mounted SES-C.
1. Ground-mounted SES-C shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system, or floodplain, or in any other manner that would alter or impede storm water runoff from collecting in, and/or conveyance through, and/or discharge from, a constructed storm water conveyance system (including, without limitation any swale, legal drain, water course or drainage the) except as permitted in writing by the Wayne County Surveyor and/or Wayne County Drainage Board, and/or Floodplain Administrator, and owner of the land and/or right-of-way and/or easement. This would include, but not be limited to, state, county and/or privately owned waterways, ditches, drainage tiles, retention areas and designed swells.
a. Notwithstanding the foregoing, nothing in the preceding division (B)(3)(d)1. shall prevent the replacement, repair, reconstruction and/or relocation of any such water conveyance system as necessary to develop and install the SES-C with any necessary approvals from the County Surveyor and/or County Drainage Board.
(e) Any inverter shall be a minimum of 250 feet from any dwelling.
(f) Any point of ingress/egress into an SES-C shall be no closer than 50 feet to the property line of an adjoining nonparticipating parcel.
1. The 50 feet is measured from the edge of the entrance at the road that is nearest to the property line.
(g) An SES-C is not permitted on a parcel of less than 40 acres, nor in residential subdivisions, campgrounds, recreational area, wildlife preserves, and conservation areas.
Straight-Line Distance From: | Minimum Setback |
Nearest outer edge of SES-C's above-ground equipment and structures1 to middle of any road bordering the property | Must conform to setback requirement of zoning district but at least 45 feet2 |
Nearest outer edge of SES-C's above-ground equipment and structures1 to any side or rear property line3, 4 | 20 feet (buffer) |
Nearest outer edge of SES-C's above-ground equipment and structures1 to nearest point of the outer wall of a dwelling or public use building of a nonparticipating property | 250 feet |
Point(s) of ingress/egress to any adjoining nonparticipating property | 50 feet |
1 e.g., setbacks apply to solar panels, racking, accessory buildings, and other power equipment. Fences are exempt. 2 In no case may any above-ground feature of the SES-C be within a designated right-of-way, including fences. 3 Where two participating parcels adjoin in A-1, no setbacks to the property lines are required. 4 Required fences may be placed on the property line in A-1. | |
(4) Ground cover, trees, and landscaping.
(a) A natural vegetative ground cover shall be maintained under and around the solar arrays.
1. Only non-invasive species shall be used, and native species are recommended.
2. In interest of protecting pollinators seed mixes consisting of native meadow grasses and pollinator-friendly wildflower and/or clover species shall be used in consultation with a USDA Farm Bill biologist or local Soil and Water Conservation District professional on the area under and around the solar arrays.
3. Maintenance shall include eradication of all noxious weeds and plants prior to the weeds seeding and spreading.
(b) No trees or other landscaping otherwise required by county ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of an SES-C.
(c) The setback from the middle of the road or from a side or rear property line constitutes a buffer. The landscaping, screening, and vegetation within a buffer shall comply with the following design and developmental standards:
1. A natural vegetative ground cover shall be maintained within the buffer.
a. Only non-invasive species shall be used, and native species are recommended.
b. Maintenance shall include eradication of all noxious weeds and plants prior to the weeds seeding and spreading.
2. Where a 250-foot setback is required, a visual barrier will be required in the buffer to screen the residential use or public use building from the SES-C.
a. A visual barrier shall provide a year-round barrier of evergreens or other similar plantings.
b. The visual barrier shall extend along the length of the shared property line between the SES-C and the nonparticipating property.
3. Only the following improvements shall be permitted within the buffer:
a. Vehicular point(s) of ingress/egress which tie into approved access points as determined by INDOT and/or Wayne County Highway Department.
b. Landscaping and landscaping fixtures.
c. Lighting.
d. Fencing.
e. Signage.
f. Underground utility lines.
g. Overhead utility lines.
h. Drainage or storm water detention or retention areas.
4. The perimeter access road/lane shall be adjoining the fence which shall adjoin the buffer strip. The visual order of placement shall be solar panels, perimeter access road/lane, fence then buffer strip (extending to the property line or right-of-way).
(d) Visual barrier.
1. A right-of-way in A-1 does not require a visual barrier. A right-of-way in all other districts, except C-3, M-1, and M-2 require a 45-foot buffer with a visual barrier.
a. Applicant may receive a reduction in density with a Landscaping and Screening Plan approved by the BZA, with proper notice and hearing.
2. Visual barrier requirements.
a. A visual barrier shall be provided for any adjacent residential or public use building within 400 feet of solar equipment.
b. A parcel that has an existing residential use and/or is parceled to five acres or less with the intent of future residential use shall be provided a visual barrier.
(i) The five-acre maximum dimension required to be landscaped along any one side of a residential or public use property line shall be 726 feet (726 feet by 300 feet = 5 acres).
c. Landscaping/screening shall be placed on all sides adjacent to the SES-C.
(i) If the property owner is unresponsive within 60 days of the mailing of a certified letter to the taxing address informing them of their choice (and said 60-day limit) then the location of the visual barrier along the property line shall be made by the developer.
d. A visual barrier is intended to exclude visual contact with the solar equipment from any protected property.
(i) A visual barrier may be composed of landscaping, landscaped berm, or combination thereof.
(ii) Solid fencing shall not be used as part of the visual barrier where the adjacent zoning is Residential, C-1, or C-2.
(iii) The density, buffer width, and method of screening may be waived by the adjacent property owner(s).
e. Natural areas on the same parcel as the solar farm may also be used to meet screening requirements. A natural area is an existing vegetated area. The natural area:
(i) Shall be within or include the required buffer;
(ii) Shall be of sufficient height, length, and depth;
(iii) And contain adequate and sufficient healthy vegetation to provide a visual barrier where required.
(iv) The Administrator may determine that further screening improvements shall not be required.
f. The developer may choose to enter into a waiver agreement with the adjoining landowner to place the visual barrier on the adjoining property.
3. Buffers adjoining C-1 and C-2 districts and parcels where C-1 and C-2 permitted uses exist, may use a visual barrier composed of landscaping, landscaped berm, or any combination thereof to screen from those districts as approved by the Administrator.
a. The Administrator should take into consideration the design wishes of the adjacent property owner/operator.
b. Fencing and walls shall not be used for screening; however, this requirement may be waived by the adjoining property owner(s).
c. The width and density requirements may be waived by the adjacent property owner(s) to a reduction of landscaping no less than that required in transition yard density for the district and/or a reduction of width equal to the greater of 50% of the required buffer width shown in Table 1 (see § 156.412(B)(3), or the required transition yard width for the district (an SES-C shall be considered a M-1 use as it pertains to transition yards and screening in 6.07, 6.10 and 6.12).
4. Landscaping required within buffer strips shall be done in accordance with a certified landscape plan that shows a visual barrier for which a predicted minimum height of seven feet within three years will be achieved by the selected species and planting size and density during normal growing conditions.
a. A minimum height of 15 feet is to be maintained over the life of the project.
b. Height is measured from original grade.
5. Grass or ground cover shall be planted on all portions of the required buffer areas not occupied by other landscaped material.
a. Only non-invasive species shall be used, and native species are recommended.
b. All noxious weeds and plants shall be eradicated prior to the weeds seeding or spreading.
6. All landscaping materials shall be installed and maintained according to accepted nursery industry procedures.
a. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials and shall keep them in a proper, neat, and orderly appearance free from refuse and debris at all times.
7. Unhealthy and dead plants shall be replaced within one year of being provided written notice from the Administrator of the violation.
a. The determination of whether a plant is unhealthy shall be at the discretion of the Administrator or a recognized landscape professional.
8. The effectiveness of screening shall be maintained as the plant materials mature.
9. A clear line of sight shall be maintained at all intersections and point(s) of ingress/egress.
(5) Equipment type.
(a) An SES-C shall be constructed of commercially available equipment and in conformance with § 156.411(B)(7).
1. Material safety data sheets and/or safety data sheets shall be submitted for each model of solar panel to be used.
(b) Experimental or proto-type equipment still in testing which does not fully comply with industry standards, may be approved by the BZA after notice and hearing pursuant to the variance procedures of this Zoning Ordinance.
(c) When solar storage batteries are included as part of the solar energy collector system, these must be placed in a secure container or enclosure meeting the requirements of the Indiana Building Code and IDEM regulations when in use and when no longer used shall be disposed of in accordance with all applicable laws and regulations.
(d) An SES-C shall conform to applicable industry standards, as well as all local, state, and federal regulations.
1. An applicant shall submit certificate(s) of design compliance that solar manufacturers have obtained from Underwriters Laboratories, Det Norske Veritas, Germanlshcher Lloyed Solar Energie, or an equivalent third party.
(6) Electrical components.
(a) Electrical components of an SES-C shall conform to applicable local, state, and national safety codes for similar SES-Cs.
(b) Cables and lines:
1. All cables and lines on site within the fenced area shall follow the current Indiana Electric Code (identified in 675 I.A.C. 17).
2. Transmission cables and lines outside the fenced site shall be buried no less than 48 inches underground with a warning mesh located at 36 inches deep.
a. No plow type installations are permitted, only open trenching or boring installations.
3. All underground cabling will be marked at road crossings, creeks, riverbeds and property lines with a metal or fiberglass post at least five feet in height.
4. For any installation method of cables and lines except as provided herein, the applicant shall apply for a variance before the BZA, pursuant to this Zoning Ordinance.
(7) Color, finish, and glare.
(a) In addition to any applicable FAA requirements that now exist and are amended from time to time, the following shall also apply.
(b) The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer provided the exterior surface of any visible components are non-reflective, a neutral color like white, grey or another non-obtrusive color. Finishes shall be matte or non-reflective.
(c) To the extent reasonably possible, solar energy panels, regardless of how these are mounted, shall be oriented and/or screened year-round so that glare is directed away from adjacent properties, structures, and roadways.
(d) The applicant has the burden of mitigating any glare produced so as not to have significant adverse impact on adjacent uses. Mitigation is accomplished by panel siting, panel orientation, landscaping and/or other means.
(8) Materials handling, storage, and disposal.
(a) Solid wastes. All solid wastes whether generated from supplies, equipment, parts, packaging, operation, maintenance, rehabilitation, decommissioning, restoration of the facility, or otherwise, including, but not limited to, old parts and equipment related to the maintenance, rehabilitation, decommissioning, or restoration of any SES-C shall be removed from the site promptly and disposed of in accordance with all local, state, and federal regulations, laws and ordinances. The SES-C owner and SES-C operator shall have the same responsibility for compliance hereof.
(b) Hazardous materials. All hazardous materials or hazardous waste related to the construction, operation, maintenance, rehabilitation, decommissioning, or restoration of any SES-C or otherwise generated by the facility shall be handled, stored, transported, and disposed of In accordance with all applicable local, state, and federal regulations and laws. The SES-C owner and the SES-C operator shall have the same responsibility for compliance hereof.
(9) Sewer and water.
(a) An SES-C facility shall comply with the septic system and well regulations as currently required or as hereinafter amended, of the Wayne County Health Department and the State of Indiana Department of Public Health.
(10) Utility interconnection.
(a) An SES-C, if interconnected to a utility system, shall meet the requirements for interconnection and operate as prescribed by the interconnection agreement with the electrical utility, asany applicable local, state, and federal regulations now exist and as the same are from time to time amended.
(11) Signage.
(a) Signs will comply with the Sign Standards provided in applicable subchapters of the Zoning Ordinance.
(b) Development signs: An identification sign relating to an SES-C may be located on each side of the fenced facility area, provided that there shall be no more than one sign located on any side of the SES-C fenced facility area, unless additional Identification signs are required to provide reasonable notice to the general public.
(c) A sign shall be securely posted on each gate entry point clearly displaying an emergency telephone number(s) and other contact Information.
(d) Each point of ingress/egress to an SES-C shall have posted In a conspicuous location a 911 address road sign indicating the assigned address for that location.
(e) Warning signs shall comply with applicable laws.
(f) No portion of the SES-C shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the SES-C provided these comply with the prevailing sign regulations.
(g) All signage required or permitted by this subchapter shall be made of materials and constructed in a manner to be durable and long lasting. The same shall be painted or made of material with a distinct, high contrast background and be weatherproof paint or other weatherproof material to promote safety and protect the public from hazards and potential hazards.
(12) Collection cables/lines.
(a) Collection cables, collection lines, and communication lines installed as part of any SES-C shall not be considered essential services.
(13) Other appurtenances.
(a) No appurtenances other than those associated with the SES-C construction, operations, maintenance, repair, replacement, rehabilitation, decommissioning, restoration, removal, and permit requirements shall be connected to the SES-C area except after notice of hearing and the hearing before the BZA pursuant to the applicable section(s) of this Zoning Ordinance.
(14) Fencing.
(a) For security, all ground-mounted SES-C shall be completely enclosed by a minimum six foot high fence with a locking gate accessed by a keypad or lock box with key.
(b) Signage will be permitted as specified in § 156.412(B)(10).
(c) The fence should be located immediately adjacent to the perimeter access road/lane and between any required landscaping in the buffer and said access.
(d) A fence installed on the property line is the sole responsibility of the SES-C owner/operator.
(15) Noise.
(a) No operating SES-C shall produce noise that exceeds any of the following limitations except during construction. Adequate setbacks, barriers, enclosures, use of quieter equipment, or other effective means of reducing noise shall be used to comply with these limitations:
1. Fifty dBA, as measured at the property line of any adjacent residentially zoned lot;
2. Forty-five dBA, as measured at any existing adjacent residence between the hours of 9:00 p.m. and 7:00 a.m.
3. Sixty dBA, as measured at the property lines of the project boundary, unless the owner of the affected property agrees to a higher noise level, as follows:
a. The owner of an adjacent property that would otherwise be protected by the 60 dBA noise limitations may voluntarily agree, by written waiver, to a higher noise level.
(i) Any such agreement must specifically state the noise standard being modified, the extent of the modification, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the solar energy system developer, effective for the life of the project.
b. This waiver must be recorded and cross-referenced with the affected property (properties).
(16) Point(s) of ingress/egress and perimeter access road/lane.
(a) At a minimum:
1. A 20 foot wide point of ingress/egress must be provided from a public street, legally established access drive, road, or other roadway into the site.
a. Each point of ingress/egress shall be graveled or paved, and must meet all local, state, and federal regulations.
b. A minimum 12 foot wide perimeter access road/lane shall be provided in the buffer around the perimeter of the SES-C between the solar arrays and required fence to allow access for maintenance vehicles and emergency management vehicles, including fire apparatus and emergency vehicles.
(i) The perimeter access road/lane may be a mown, well-maintained grass lane.
(17) Lighting.
(a) Ground-mounted SES-C shall not be artificially lit except to the extent required for safety or applicable local, state, or federal authority.
1. Such lighting shall be shielded and downcast so as not to affect adjacent properties.
(C) Operation and maintenance for SES-C.
(1) Repair.
(a) The SES-C owner and/or operator shall repair, maintain, and replace the SES-C and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the SES-C in good repair and operating condition.
(2) Operation and maintenance plan.
(a) The applicant shall submit a plan for the operation and maintenance of the SES-C, which shall include measures for maintaining safe access to the installation, storm water controls, general procedures for operation and maintenance of the installation as well as maintenance of vegetation within the buffer strip and underneath the ground-mounted solar arrays.
(3) Physical modifications.
(a) Any physical modification to any SES-C or a part thereof which materially alters the mechanical load, mechanical load path, or major electrical components shall require recertification by all appropriate regulatory authorities.
1. Like-kind replacements shall not require re-certification, unless required by a regulatory authority.
(b) Prior to making any material physical modification, other than a like-kind modification, the owner or operator of such SES-C shall confer with the Wayne County Building Commissioner, Plan Administrator of the APC, Wayne County Surveyor, Wayne County Highway Department Superintendent, and any other appropriate regulatory authority as to whether the proposed physical modification requires re-certification of such SES-C.
(4) Declaration of public nuisance/unsafe premises.
(a) An SES-C declared a public nuisance/unsafe premises by the County Commissioners, acting as the Unsafe Hearing Authority, (UHA hereafter in § 156.412(C)(4)) by being in breach of, or, out of compliance with Its SES-C permit(s) may seek to be rehabilitated and declared safe by appropriate repair(s) and other essential steps necessary to eliminate the breach(es) so as to be in compliance with such SES-C permit(s).
(b) An SES-C declared a public nuisance/unsafe premises by the UHA by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, damage, abandonment, or as provided herein, Is hereby declared to be a public nuisance/unsafe premises. A Rehabilitation Plan should be submitted to the UHA within 60 days.
1. This plan shall provide procedures to rehabilitate the SES-C in a time not to exceed 365 days except in the event of force majeure, including but not limited to unavailability of components or parts, strikes, and moratoriums which said majeure extends said time to 18 months total or a reasonable extension agreed to by the UHA.
2. In the absence of an approved Rehabilitation Plan or meeting the agreed to time schedule(s), or failure to execute the required repair(s) in the time determined reasonable by the UHA, such SES-C shall be demolished and removed in accordance with the Decommissioning-Restoration Plan and Agreement.
(5) Public nuisance/unsafe premises waiver.
(a) In the instance that an unavoidable act of God inhibits, damages, or destroys part of, or most of the SES-C, the 365-day public nuisance/unsafe premises removal timeline will be waived so long as the SES-C owner and/or SES-C operator provides a Rehabilitation Plan to remedy the damage and said plan is submitted to, and approved by, the County Commissioners, acting as the Unsafe Hearing Authority, (UHA hereafter in § 156.412(C)(5)).
1. Said plan will outline the necessary protocol and time schedule for returning the SES-C to energy production and must be submitted to the UHA within 60 days of the date the damage was incurred, or a time determined reasonable by the UHA.
(6) Contact information.
(a) The SES-C owner and/or operator shall maintain a phone number and identify a person responsible for accepting calls of inquiries and complaints from the public throughout the life of the project.
1. This number and the name of the responsible person shall be provided to the Administrator.
2. The SES-C owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.
(D) Application for SES-C.
(1) Contact information of SES-C applicant.
(a) The name(s), address(es), telephone number(s), and email address(es) (if available) of the applicant(s), together with a description of the applicant's business structure and overall role in the proposed project.
(2) Contact information of SES-C owner.
(a) The names(s), address(es), telephone number(s), and email address(es) (if available) of the SES-C owner(s), together with a description of the owner's business structure and overall role In the proposed SES-C, and documentation of real estate ownership of any real property upon which any part of the proposed SES-C is to be located.
1. The SES-C owner shall inform the Plan Administrator of the APC of any change of SES-C ownership, in whole or in part, and shall furnish the required information regarding such owner.
(3) Contact information of SES-C operator.
(a) The name(s), address(es), telephone number(s), and email address(es) (if available) of the operator(s), as well as a description of the operator's business structure and overall role in the proposed project.
1. The SES-C operator shall inform the Plan Administrator of the APC of any change of the SES-C operator and furnish the required information regarding such operator.
(4) Legal description.
(a) The legal description and the 911 emergency address of the real property upon which the SES-C is to be located.
(5) SES-C description.
(a) The SES-C description and information including, but not limited to, the following:
1. Type of solar technology (e.g., solar panels, solar shingles).
2. Solar panel mounting technique (e.g., ground-mount, roof-mount).
3. Solar panel installation height.
4. Name plate generating capacity.
5. The means of interconnecting with the electrical grid.
6. The potential equipment manufacturer(s); including information sheets and installation manuals.
7. Accessory structures and other appurtenances.
(6) Preliminary site plan.
(a) A site plan, drawn to scale, including distances pertaining to all applicable setback and buffer requirements. All drawings shall be at a scale of one inch equals 30 feet (1 inch = 30 feet). Any other scale must be approved by the Plan Administrator of the APC. No individual sheet or drawing shall exceed 24 inches by 36 inches (24 inches by 36 inches) without the prior consent of said Plan Administrator.
(b) The preliminary site plan shall illustrate the following:
1. Property lines upon tract(s) subject to the application, together with property lines and with the names of owners of record of each adjacent tract(s).
2. Location and name/number of public roads surrounding, abutting, and/or traversing the SES-C and any SES-C point(s) of ingress/egress.
3. Substations: location.
4. Location of electrical cabling outside of fenced areas.
5. Ancillary equipment.
6. Location and height of fencing, perimeter access roads/lanes, berms and landscaping associated with any buffer zone.
7. Location and spacing of panels/arrays and key components.
8. Setback lines: Distances from the solar energy system to each setback requirement defined In Table 1 in § 156.412(B)(3).
9. Any structure within one-quarter mile of the proposed SES-C boundary.
10. The location of any airport within one mile of the proposed SES-C boundary.
11. The location of any historic or heritage sites as recognized by the Division of Historic Preservation and Archeology of the Indiana Department of Natural Resources, within one mile of a proposed SES-C.
12. The location of any wetlands based upon a delineation plan prepared in accordance with the applicable U.S. Army Corps of Engineers requirements and guidelines, within one mile of a proposed SES-C.
13. All other information reasonably requested by the BZA, APC and Plan Administrator of the APC.
(7) Topographic map.
(a) A United States Geological Survey (USGS) topographical map, or map with similar data, of the property and the surrounding area, with contours of not more than five-foot intervals.
(8) Landowner agreements.
(a) A memorandum of agreement for all agreements of any description signed by participating landowners authorizing the placement of the identified SES-C on landowner's property.
(b) Fully executed setback waiver agreements, if applicable, signed by adjacent landowners.
(c) An executed copy of any other waiver agreement signed by adjacent landowner(s).
(d) A copy of any recorded solar easements from adjacent landowners.
(9) Engineering certification.
(a) For an SES-C, the manufacturer's engineer or another qualified registered professional engineer shall certify, as part of the building permit application, that all structural aspects of the SES-C design are within accepted professional standards, and the structure or substrate the solar technology will be affixed to will tolerate the installed weight of said technology (e.g., roof structure, soils).
(10) Proof of correspondence and cooperation with wildlife agencies.
(a) For the purposes of demonstrating compliance with required permits, the applicant shall provide written documentation that the applicant is in direct correspondence, cooperation and in compliance and shall remain in compliance with all applicable regulations and requirements of the U.S. Fish and Wildlife Service and the Indiana Department of Natural Resources.
(11) Disclaimer.
(a) Prior to the issuance of an improvement location permit (ILP), SES-C applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: (a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjacent or other property or the growth of any trees or vegetation on such property; or (b) the right to prohibit the development on or growth of any trees or vegetation on such property.
1. This disclaimer is subordinate to any solar easements entered into with adjacent landowners and subject to the terms agreed to therein.
(12) Solar easement.
(a) Solar easement may be entered into between affected parties (see § 156.412(F)(1)(e)) and must be submitted with the SES-C application.
(13) Additional required documents.
(a) Prior to the issuance of an improvement location permit (ILP) and a building permit, and in addition to all other application requirements and any other requirements for the applicant, owner and/or operator to be in compliance with the Zoning Ordinance, the following shall be submitted to the Plan Administrator of the APC:
1. Form, content and title of agreements. NOTE: The plans and agreements set forth in divisions may be merged into one or more agreements.
a. Decommissioning- Restoration Plan and Agreement (see § 156.412(F)(1)(a)).
b. Drainage agreement (see § 156.412(F)(1)(b)).
c. Road use and maintenance agreement (see § 156.412(F)(1)(c)).
d. Erosion control plan (see § 156.412(F)(1)(d)).
e. Pre-construction requirements (see § 156.412(G)).
f. Construction requirements (see § 156.412(H)).
g. Any agreement title or document name/designation made by the parties shall be sufficient provided such plans and agreements are in compliance with the requirements of the Zoning Ordinance and all other requirements of applicable local, state, and federal laws, rules, regulations, and ordinances.
(14) Waivers.
(a) All waiver agreements shall be in writing and follow the requirements specified in definitions. Copies of all waivers are required as part of the SES-C application.
(15) Aggregated SES-C applications.
(a) Aggregated SES-Cs may be jointly submitted as a single application and be reviewed under joint proceedings, including notices, hearing, and reviews, and as appropriate, approvals.
(b) All permits shall be issued pursuant to § 156.412(E).
(E) Required permits for SES-C.
(1) Issuance of permits: All application requirements as set forth in § 156.412(D), together with all other applicable requirements of this subchapter and the Zoning Ordinance, shall be completed and approved by all required authorities (local, state, and federal) before an improvement location permit, building permit, or electrical permit is issued.
(a) For an aggregated SES-C, improvement location permits, building permits, and electrical permits shall be issued individually per parcel.
(2) An improvement location permit (ILP) is required for the following:
(a) An SES-C facility, accessory buildings and structures.
(b) Meteorological tower.
(c) Operational support meteorological tower.
(d) Application for and acceptance of an ILP is an agreement by the applicant to be bound by the terms of this subchapter.
(3) A building permit is required for the following:
(a) An SES-C accessory building and/or structure.
(4) An electrical permit is required for an SES-C facility.
1. More than one permit may be required.
(F) Plans and agreements for SES-C.
(1) Plans and agreements for a single SES-C or in aggregate must be approved by the County Commissioners and shall include all the following:
(a) Decommissioning/restoration plan and agreement.
1. Prior to receiving an improvement location permit and building permit, under this subchapter, the applicant, owner, and operator shall submit and shall enter into a Decommissioning-Restoration Plan and Agreement with the county.
2. Commissioners outlining the anticipated means, costs, and method of payment of all costs in carrying out such Decommissioning-Restoration Plan and Agreement at the end of the SES-C life or the life of any part of an SES-C, upon becoming an abandoned use, or being declared a public nuisance (see § 156.412(C)(4) and (C)(5)).
3. Discontinuation and abandonment.
a. Owner operator shall give written notice of intent to abandon use of an SES-C facility 60 days prior to the discontinuation of electrical production to the County Commissioners and Advisory Plan Department.
b. An SES-C or portion of an SES-C shall be considered an abandoned use after one year without energy production, unless a Rehabilitation Plan developed by the SES-C owner and SES-C operator is submitted to and approved by the County Commissioners outlining the necessary procedures and time schedule for commencing or returning the SES-C to energy production (see § 156.412(C)(4) and (C)(5)).
c. Failure by the SES-C owner and/or operator to commence energy production at such SES-C or return such SES-C to energy production within the time schedule which has been approved by the County Commissioners, said SES-C or portion of SES-C shall be considered an abandoned use and/or a public nuisance (see § 156.412(C)(4) and (C)(5)).
d. Removal and restoration.
(i) The SES-C owner and/or the SES-C operator is required to remove all physical material pertaining to the SES-C above-ground level and all improvements of said SES-C below-ground level to a depth of 36 inches for an SES-C declared irreparably damaged, and/or an abandoned use and/or a public nuisance.
(ii) All materials shall be so removed, and the SES-C site restored within 365 days of the discontinuation of energy production, or in accordance with agreements developed under § 156.412(C)(4) and (G)(1)(b).
(iii) An SES-C which is irreparably damaged, abandoned or declared to be a public nuisance shall, within said time limit (365 days), require the SES-C owner and/or SES-C operator to have completed restoration of the SES-C site to as near as practicable to the original condition of the SES-C site prior to the development of such SES-C.
(iv) If any portion of the SES-C is found to be hazardous in nature by state, or federal regulatory agency(s) or required to be recycled, the SES-C owner and/or SES-C operator is required to remove said portion in a manner as prescribed by law.
e. Identification and removal of hazardous materials.
(i) During removal and restoration, the SES-C owner and/or operator shall identify all hazardous materials and non-hazardous materials, and indicate the appropriate handling, storage and transport during disposal and/or diversion of both kinds of material.
A. Hazardous materials are identified by and regulated by state and federal regulatory agencies, such IDEM and the EPA.
f. Performance guarantee.
(i) Prior to issuance of an ILP or building permit, the applicant must provide the county with a performance guarantee in the form of a bond, irrevocable letter of credit and agreement, or other financial security acceptable to the County Commissioners in the amount of 125% of the estimated decommission and restoration cost minus the salvageable value, or $50,000 whichever is greater. Estimates shall be determined by a licensed engineer.
(ii) Unless otherwise agreed to by all parties, every five years a new engineer's estimate of probable cost of decommissioning and restoration shall be submitted for approval in the same manner as the initial submission, and the bond, letter of credit, or other financial security acceptable to the county shall be adjusted upward or downward as necessary. A new estimate will be submitted to the Commissioners prior to the sale of any portion of the SES-C and the performance guarantee adjusted appropriately and made part of the sales contract.
(iii) All expenses involved in such removal and restoration shall be paid by the SES-C owner and SES-C operator, or removal and restoration will be completed by Wayne County at the SES-C owner's expense and SES-C operator's expense as specifically provided by the Decommissioning-Restoration Plan and Agreement.
g. Written notices.
(i) Prior to implementation of any procedures or remedy for the resolution of any SES-C owner's and/or operator's failure to decommission the SES-C pursuant to the Decommissioning-Restoration Plan and Agreement, and/or Rehabilitation Plan and/or the Ordinance, the County Commissioners shall first provide written notice to the owner and/or operator, setting forth the alleged default(s).
(ii) Such written notice shall provide the owner and/or operator a reasonable time period not to exceed 60 days, except upon such longer time to which all said parties agree, for good faith negotiations between the SES-C owner and/or operator and the County Commissioners or its duly appointed representative, to resolve the default(s).
(iii) In the event the negotiations fail to resolve the default issue(s), either party may pursue any and all remedies available by the terms of the Zoning Ordinance and/or Decommissioning-Restoration Plan and Agreement and/or Rehabilitation Plan.
h. Costs incurred by the county.
(i) In the event, after written notice, the owner and/or operator shall fail to enter into a rehabilitation agreement (§ 156.412(C)(4)) or decommission the SES-C in accordance with the Zoning Ordinance and the Decommissioning-Restoration Plan and Agreement, the owner and/or operator shall pay all reasonable cost, including reasonable attorney fees, incurred by the county to remove the SES-C. The county shall be entitled to apply the salvage value of the SES-C to the costs of removal, subject to any rights of the SES-C owner's lenders.
(b) Drainage agreement.
1. A drainage agreement approved by the Wayne County Drainage Authority, or their designees must prescribe or reference provisions to address field tile damages and repairs thereof for any field tile owned by Wayne County.
2. Except as otherwise allowed by I.C. 36-7-4-1109, all damages to waterways, drainage ditches, field tiles, or other drainage related infrastructure caused by the construction, installation, or maintenance of an SES-C must be completely repaired by the project owner or remedied with the installation of new drainage infrastructure so as to not impede the natural flow of water.
a. All repairs must be completed within a reasonable period of time and:
(i) to the satisfaction of the Wayne County Drainage Board;
(ii) As stated in an applicable lease or another agreement with the landowner; and
(iii) Subject to applicable local, state, and federal drainage laws and regulations.
(c) Road use and maintenance agreement.
1. A road use and maintenance agreement shall be submitted for approval and include the requirements of § 156.412(G)(1) and (I)(1).
a. Said plan shall be approved by the County Commissions and/or the County Highway Department.
(d) Erosion control plan.
1. An erosion control plan developed In accordance with the Natural Resources Conservation Services (NRCS) guidelines, and any storm water quality management plan adopted by the applicable jurisdiction(s).
2. The area beneath a ground-mounted SES-C is considered pervious cover, therefore, natural (pervious) ground covers are required beneath the solar arrays.
(e) Solar easements.
1. Where a land development proposes an SES-C, solar easements may be provided. Said easements and any subsequent amendments shall be in writing and shall be subject to the conveyance and instrument recording requirements prescribed in I.C. 32-23-2-5.
2. Any such easements shall be appurtenant; shall run with the land benefitted and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:
a. A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees at which the solar easement extends over the real property that is subject to the solar easement, and a description of the real property to which the solar easement is appurtenant;
b. Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
c. Enumerate any terms and conditions under which the easement is granted and may be revised or terminated.
3. If necessary, an SES-towner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s). Copies of such easements shall be submitted as part of the application process with proof of appropriate recording in the Wayne County Recorder Office.
(G) Pre-construction requirements for SES-C.
(1) Avoidance and mitigation of damages to public infrastructure.
(a) In addition to complying with the approved road use and maintenance agreement, an applicant, owner, and/or operator proposing to use any county road(s) for the purposes of transporting any component of an SES-C, substation, and/or any other equipment for the construction, operation or maintenance of an SES-C shall comply with the following pre-construction requirements:
1. Identification of roads and services.
a. All roads and services, to the extent that all proposed routes that will be used for transportation of construction materials, construction of the SES-C, and/or maintenance of the SES-C shall be identified. If the route includes a public road, such route shall be approved by the Wayne County Highway Department Superintendent. To the extent possible state or federal highways shall be utilized for the purposes of transporting any component of an SES-C, substation and/or any other equipment for the construction, operation, or maintenance of an SES-C.
2. Pre-construction survey.
a. The applicant, owner and/or operator shall conduct a pre-construction baseline survey in coordination with, and acceptable to, the Wayne County Highway Superintendent and such survey shall be a part of the road use and maintenance agreement to determine existing road conditions for assessing current needed improvements and potential future damage.
b. The survey shall include, but not be limited to, photographs, and/or video, or a combination thereof, and a written agreement to document the condition of the public facility as the same exists on the date of the baseline survey.
c. This survey shall be the basis for determining the minimum width of roads (not platted width) when repair or replacement is required in the road use and maintenance agreement (see § 156.412(F)(1)(c)).
(2) Amendments and changes to the preliminary site plan.
(a) Any material change of location of the SES-C fenced boundary and any material change in the location of SES-C facilities outside of the SES-C fenced boundary shall be furnished to the Plan Administrator of the APC, Building Commissioner, Highway Superintendent, County Surveyor, and any other person(s) designated and authorized by the County Commissioners.
(b) It shall be the duty and responsibility of the applicant, owner and/or operator to obtain any variance required by such change and to comply with any other requirement necessitated by such change.
1. Any variance required by this section shall be obtained prior to construction or implementation of such change.
(H) Construction requirements for SES-C.
(1) During construction, the applicant shall demonstrate and document to the satisfaction of the Building Commissioner, Highway Superintendent, County Surveyor, Plan Administrator of the APC, and any other person(s) designated and authorized by the County Commissioners, that the following requirements are being met:
(a) Dust control.
1. All reasonable dust control measures required by the County Commissioners during construction of the SES-C are being followed together with any additional steps or adjustments for dust control which may from time to time be required by the County Commissioners.
(b) Drainage.
1. Reasonable storm water best management practices as required by the approved drainage plan/agreement.
(c) Noise.
1. Near a residence or public use parcel noise shall be kept to a minimum during the hours of 7:00 p.m. to 7:00 a.m.
(I) Post-construction requirements for SES-C.
(1) Post-construction, the applicant shall comply with the following provisions:
(a) Road repairs.
1. Any road damage caused by the transport of any matter or material utilized in any way regarding the SES-C, in the construction of the SES-C, the installation of the same, and/or the removal and decommissioning of the same, shall be repaired to the satisfaction of the Wayne County Highway Department Superintendent and the Wayne County Engineer.
2. The Superintendent or Engineer may choose to require either remediation of road(s) upon completion of the SES-C or said Superintendent is authorized to collect fees for oversized load permits.
3. A surety bond or letter of credit in an amount to be determined by a professional highway engineer selected by the Wayne County Commissioners may be required by the County to ensure that future repairs are completed to the satisfaction of the Superintendent and/or Engineer.
a. The cost of such bond or letter of credit shall be paid by the SES-C owner and said bond shall remain in full force and affect until the decommissioning and restoration is fully completed as prescribed by this Zoning Ordinance and the Decommissioning-Restoration Plan and Agreement.
(b) As-built plans requirement.
1. Where upon completion of all development, the exact measurements of the location of utilities, structures, and components erected during the development are necessary for public record and shall, therefore, be recorded.
2. The applicant, owner, and/or operator shall submit a copy of the final as-built survey to the Plan Administrator of the APC with the locations of the SES-C facilities shown thereon.
3. Said Plan Administrator, after being satisfied that the locations of the SES-C facilities are substantially similar to the locations on the originally approved final plan(s) or as the same were from time to time amended, shall approve, date, and sign said as-built survey for the SES-C.
4. Once the Plan Administrator approves the as-built survey, the survey will then be reviewed by the Wayne County Drainage Board for its approval.
5. The applicant, owner, and/or operator shall then record and provide to the Plan Administrator a copy of said recorded plans.
(c) Change in ownership.
1. It is the duty and responsibility of the SES-C applicant, SES-C owner, and/or SES-C operator and any subsequent SES-C owner and SES-C operator, in addition to the notice requirements of any SES-C plan(s) and SES-C agreement(s) to notify by written notice the Wayne County Commissioners and the Plan Administrator of the APC of any change in the ownership of the SES-C or any part of the ownership thereof to and through the time that the final Decommissioning Restoration Plan and Agreement are concluded and all applicable acceptances, releases and performance standards of any description have been met and concluded and accepted by the appropriate local, state, federal or private authority, department, agency, and person(s) and all financial payments or other financial obligations are fully satisfied and all appropriate parties are in receipt thereof.
2. The written notice shall be sent by certified mail with certified funds for any required recording fees and any other applicable fee(s) to:
a. Wayne County Board of County Commissioners, 401 E. Main Street, Richmond, IN 47374,and
b. Plan Administrator of the Advisory Plan Commission of Wayne County, 401 E. Main Street, Richmond, IN 47374, or
c. Personally delivered to said County Commissioners and Plan Administrator.
(Ord. 2023-01, passed 4-12-2023)