(a)

Solar energy generating systems permitted by special exception. The planning board is authorized to retain experts at the applicant's expense to evaluate technical information or conduct studies that it finds necessary in order to determine whether these standards will be met. In addition to the criteria in sections 60-1277 and 60-1336, the planning board shall consider the following standards:

(1)

Yard requirements. The setbacks for solar energy generating system installations in the industrial district, including appurtenant structures and parking areas, shall be subject to the following yard requirements:

a.

Rear. There shall be behind every structure associated with a solar energy generating system a rear yard having a minimum depth of 50 feet or 20 percent of the average depth of the lot, whichever is less.

b.

Side. There shall be a distance of five feet between any structure associated with a solar energy generating system and the side property line, plus the side yard setback shall be increased one foot for every three feet or part thereof increased in street frontage over 60 feet to a maximum of 35 feet for side yard setback.

c.

Front. There shall be in front of every structure associated with a solar energy generating system a front yard having a minimum depth of 35 feet or 15 percent of the average depth of the lot whichever is less. No front yard need be any deeper than the average depth of front yards on the lots next thereto on either side. A vacant lot or a lot occupied by a building with a front yard more than 35 feet shall be considered as having a front yard of 35 feet.

(2)

Lot coverage. The paved, mounting block, or otherwise impervious areas of sites on which ground mounted solar energy systems are installed shall comply with the lot coverage standards as defined in section 60-579(2). For the purposes of this section, photovoltaic cells, panels, arrays, and inverters shall not be considered impervious areas provided the soil underneath the collector is not compacted and remains vegetated in accordance with the standards applicable to vegetation established in Chapter 500, Appendix A(6) Permanent Stabilization.

(3)

Height regulations. The total height of the solar energy generating system and all appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations shall not exceed 30 feet.

(4)

Technical and safety. A copy of the as-built site plan for the solar energy generating system shall be provided to the local fire prevention officer. All means of shutting down the solar energy generating system shall be clearly marked.

(5)

Maintenance. The owner or operator of the solar energy generating system shall maintain the facility in good condition. Proper maintenance of the facility means that it is operating as designed and approved. Maintenance shall include, but not be limited to, painting, structural repairs, repairing damaged panels and integrity of security measures. The solar energy generating system must be properly maintained and kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. Site access shall be maintained to a level acceptable by the local fire prevention officer for emergency response. The owner or operator shall be responsible for the cost of maintaining the solar energy generating system and any access road(s), unless accepted as a public way.

(6)

Glare. Solar panels are designed to absorb (not reflect) sunlight and are generally less reflective than other varnished or glass exterior materials. However, solar panel placement should minimize or negate any solar glare impacting nearby properties or roadways, without unduly impacting the functionality or efficiency of the solar energy system. Parcels located within a two-nautical-mile radius of the Auburn Lewiston Municipal Airport, as measured based on the runway centerline closest to the location in question shall comply with subsection 60-1505(a)(6).

(7)

Visual impact. An Applicant shall make reasonable efforts, as determined by the planning board, to minimize visual impacts associated with the installation of a solar energy generating system. The board shall consider the size, location and topography of the site, the characteristics of the surrounding property and the amount and type of development on said properties in determining the amount and type of screening and buffering that it deems appropriate.

(8)

Lighting. Ground-mounted solar energy generating system lighting shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

(9)

Unbuilt areas. Where possible, in unbuilt areas, solar energy generating system installations shall maintain the permeability of the ground. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the solar energy generating system or as otherwise prescribed by applicable laws, regulations and bylaws/ordinances.

(10)

Operation and maintenance plan. The owner or operator shall submit a plan for the operation and maintenance of ground-mounted and dual-use solar energy systems, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

(11)

Standard compliance. All solar energy generating system installations shall be installed in compliance with the photovoltaic systems standards of the latest edition of the National Fire Protection Association (NFPA) 1, Fire Prevention Code. All wiring shall be installed in compliance with the photovoltaic systems standards identified in the latest edition of the National Electrical Code (NFPA 70).

(b)

Solar energy generating systems permitted by right. An application for a solar energy generating system permitted by right shall require review and approval by the following departments: planning, engineering, fire, code enforcement, Auburn Lewiston Municipal Airport and a representative of Lewiston-Auburn 911 committee.

(Ord. No. 02-02242020, 3-2-2020; Ord. No. 04-05182020, 6-1-2020)