This is the proposed ordinance which will be discussed and possibly voted on this Wednesday 12-6-2017 at the Planning, Zoning and Building Committee.
Below is taken from:
Solar EnergyA= Development | S | S | S | S | S | S | S | S | S | S | S |
KEY: P = Permitted Use S = Special Use T = Temporary Use A = Accessory Use
4.19 SOLAR ENERGY DEVELOPMENT
4.19.1 Intent: The purpose of this section is to protect public health and safety through establishing reasonable standards for the construction, installation, and operation of solar energy developments in Boone County.
DESIGN STANDARDS - The design standards and bulk regulations listed for all zoning districts for setbacks, lot size, lot coverage, lot area, height, and signage shall be suspended for all solar energy development and the following regulations shall apply instead. All other design standards and bulk regulations of the respective districts shall apply.
FOUNDATIONS - A qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
INSTALLATION AND DESIGN- Individual arrays/solar panels shall be designed and located in order to prevent glare toward any residential dwellings on adjacent properties as well as adjacent street rights-of-way.
a) All drainage tiles shall be repaired or restored to same or better condition as to when project began.
b) Boone County Soil and Water Conservation District shall be contacted prior to beginning development to locate drainage district tiles.
c) Electrical lines shall be inspected before burial.
HEIGHT- Systems, equipment and structures shall not exceed 30 feet in height when ground mounted. Excluded from this height requirement, however, are electric transmission lines and utility poles.
SETBACKS -Ground mounted solar energy systems as part of a solar energy development shall have a setback for all equipment, excluding fences, a minimum of 75 feet on the front from right-of-way and 40 feet from all other property lines, with the exception of adjacent properties containing residential dwellings. The setback for all equipment, excluding fences, from the property line of adjacent properties containing residential dwellings shall be 150 feet. No setback is required for contiguous parcels that both contain a part of any one solar energy development.
SCREENING AND FENCING- Systems equipment and structures shall be fully enclosed and secured by a fence with a minimum height of 6 feet.
a) Solar Energy Developments shall have a 25 foot wide buffer of which part shall be consisting of a compact evergreen hedge or other type of evergreen foliage which shall be along the road frontage and perimeter of any adjacent single family dwelling.
b) The buffer shall be planted at a minimum of three (3) feet tall and with the expectation that this hedge shall reach the height of at least six (6) feet within five years and shall be maintained in good condition. Dead evergreen foliage shall be replaced.
c) A landscape plan in accordance with Section 5.4 of the Boone County Zoning Ordinance shall be submitted to the planning department for review. The landscape plan shall take into account the type(s) of evergreens to be planted, along with the proposed spacing of the plantings, along with an evaluation of the soils.
d) Topographical features and existing wooded areas may be accepted in lieu or in combination of the above requirements, if they conceal the use from public view and are maintained. Must be approved by Planning Department.
e) The landscape plan shall also incorporate native grasses, flowers, plants which will provide wildlife and pollinator habitat, soil erosion protection and/or aid in strengthening the soil structure. This shall not be part of the evergreen screen, but shall be for all other areas of the solar farm that will not interfere with the solar arrays.
LIGHTING- A photometric plan shall be submitted to and approved by the planning department prior to a building permit being issued. All free standing and wall mounted security light fixtures shall not exceed 30 feet in height. The lighting elements shall be shielded from view of adjacent properties and the foot candle measurement at the property line shall not exceed 0.5. If the applicant chooses to apply safety lighting to the power plant stacks, said lighting can exceed the 30-foot height limit but shall not exceed a measurement of 0.5 foot-candles at the property line. Applicant is responsible for hiring contractor to perform tests to confirm that lighting does not exceed 0.5 foot-candles at property line during construction and completion of construction. The Boone County Building Department has the right to approve firm to perform assessment.
NOISE- Noise levels when the solar energy development is in production shall not be detectable by the human ear measured at 500 feet from the property line when the solar energy development is located adjacent to an existing residence. This noise restriction applies to permanently installed solar equipment and excludes noise from routine maintenance, repair, and construction.
SIGNAGE - an appropriate warning sign shall be provided at the entrance to the facility and along the perimeter to the solar energy development project. The sign at the entrance to the facility shall include the facility’s 911 address and a 24 hour emergency contact number.
PERMIT REQUIREMENTS
1) A site plan with existing conditions showing the following:
a) Existing property lines and property lines extending five hundred feet from the exterior boundaries, including the names of adjacent property owners and current use of those properties.
b) Exiting public and private roads, showing widths of the roads and any associated easements.
c) Location and size of any existing and abandoned wells and sewage treatments systems.
d) Existing buildings and any impervious surfaces.
e) A contour map showing topography at two (2) foot intervals. A contour map of surrounding properties may also be required.
f) Existing vegetation (list type and percent of coverage: i.e. cropland/plowed fields, grassland, wooded areas etc.)
g) Waterways, watercourses, lakes and public water wetlands
h) Any delineated wetland boundaries.
i) A copy of the current FEMA FIRM map that shows the subject property. And, the one hundred year flood elevation and any regulated flood protection elevation, if available.
j) Floodway, flood fringe and/or general flood plain district boundary, if applicable and not provided on the copy of the current FEMA FIRM map.
k) Mapped soils according to the Boone County Soil Survey.
l) Surface water drainage patterns.
m) The location of any subsurface drainage tiles.
2) Site Plan of Proposed Conditions:
a) Location, number, and spacing of solar panels.
b) Location of access roads and access points.
c) Planned location of underground or overhead electric lines connecting the solar farm to a building, substation or other electric load.
d) New electrical equipment other than at the existing building or substation that is to be the connection point for the solar farm.
e) Certified drawings of elevation of the premises accurately depicting proposed solar energy conversion system.
f) Weed/Grass control- Applicant must present an acceptable weed control plan for property inside and outside fenced area for entire property. Site must maintained to prevent fire hazards and in compliance with State and Federal environmental regulations. No soil sterilant shall be permitted to be used on the solar site.
DECOMMISSIONING PLAN
A decommission plan shall be required for solar energy development projects and to ensure that facilities are properly removed after their useful life.
a) Decommissioning of solar panels must occur in the event they are not in use for twelve (12) consecutive months. The operating company and or land owner have six months to complete the decommission plan.
b) The Boone County Board has authority by majority vote to extend the time frame to complete repairs causing inoperability upon written request outlining reasons why an extension is needed. Request for extension must be received no later than 60 days prior to the deadline.
c) The plan shall include provisions for removal of all structures (including equipment, fencing and roads), foundations, restoration of soil and vegetation.
d) Prior to the issuance of a building permit, owner/developer shall submit bond(s) to cover the cost of Decommissioning. The prorated amount of the bond(s) shall be based on an independent engineer's estimate and increased annually to reflect the building schedule as to cover the additional improvements as they are constructed, starting with the issuance of the first building permit. At the completion of construction and prior to the issuance of a certificate of occupancy, the bond(s) must total 150% of the Engineer's estimate of the total decommission costs. It shall be the responsibility of owner/developer to maintain the bonds in sufficient amounts at all times after the completion of construction. Such responsibility to maintain the bond(s) shall include, but not be limited to, any necessary renewals or the issuance of new bond(s). All bonds shall be submitted to the Boone County Building Department. Boone County has the right to approve the individual or firm that conducts the independent Engineer’s estimate for the total decommissioning bond costs.
e) An update to this decommissioning plan shall be submitted to the Boone County Building Department every three years. In addition, decommissioning plans signed by the party responsible for decommissioning and the landowner (if different) shall be submitted with the application.
f) The county reserves the right to require additional information or components to the plan as the county deems necessary to ensure that an adequate proposal is in place to decommission the facility in its entirety and that adequate funds are available.
g) Actual on site construction must commence within 2 years of application approval by the Boone County Board or permits will no longer be valid. The Boone County Board has authority by majority vote to extend the time frame. Requests for extensions must be received no later than 60 days prior to the 2nd anniversary date of the special use permit.
FEES AND COSTS
The following fees shall apply for Solar Energy Development Permits.
Fees
No solar energy development special use permit application shall be accepted until the filing fee is paid and the following:
a) Accompanied by a notarized statement of the appropriate corporate officials or official legal representative of the applicant that the applicant will pay to the county additional fees to reimburse the county for moneys expended in excess of $500.00 in preparing for, processing, reviewing and evaluating the application to its final resolution.
b) The applicant shall also agree in said notarized statement to stop all proceedings if an invoice for reimbursement to the county is not paid to the county treasurer within ten days after the invoice has been presented to the appropriate corporate officer or official legal representative of the applicant.
Remedial costs
a) Liability Insurance- The owner or operator of the solar project shall maintain a current and general liability policy covering bodily injury and property damage with limits of at least two million dollars per occurrence and twenty million dollars in the aggregate. The owner or operator of the solar project shall maintain this policy for the lifetime of the solar project and submit a copy of the same to the Boone County board at each renewal. The County of Boone and its officials shall be named as additional insured’s.
b) Severability- If any section, clause, or provision of this ordinance is declared unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration shall not affect the validity of the remainder of the ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
c) Indemnification- The applicant, owner and/or operator of the solar project shall defend, indemnify, and hold harmless the County of Boone and its officials from and against any and all claims, demands, losses, suites, class of action, damages, injuries, costs, expenses and liabilities whatsoever, including attorney’s fees, without limitation arising out of acts of omissions of the applicant, owner and/or operator associated with the construction and/or operator associated with the construction and/or operation of the solar project.
d) Public Nuisance- Any solar project declared to be unsafe by the Boone County Board by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, damage, or abandonment is hereby declared a Public Nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure set forth in this ordinance.
The zoning board of appeals may grant a variance to such setback requirement if the proposed or existing buffer is sufficient to screen the project from view from adjoining property or public rights-of -way, if the owners of the adjoining properties agree to waive these setback requirements. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards.
