(a)

In the interest of the city to facilitate the siting, construction, installation, and decommissioning of solar energy systems in the city in a manner that encourages local economic development and protects the health, safety, and welfare of the citizens of the city, and at the same time mitigates any adverse impacts to wildlife, agricultural lands, forests, and other natural landscapes; and

(b)

The intent of the city is to increase energy security and diversify the energy portfolio, to promote the use of Mississippi-based energy resources, to decrease the cost of energy, to bolster local economic development and employment prospects, to increase consumers' choices in energy consumption, to encourage the use of a renewable energy resource, and to reduce pollution; and

(c)

The intent of the city is not to compromise or contradict the health, safety, or environmental requirements contained in federal and State of Mississippi laws, nor is it to create heightened standards for the siting, construction, installation, and decommissioning of solar energy systems that would discriminate against solar energy systems relative to other similar commercial, industrial, or utility projects within the city;

(Ord. No. 2022-11-904, 11-15-22)

The following words and phrases have the following meanings in this article:

Solar energy system means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission or for thermal application. For purposes of this article, solar energy system refers only to (1) photovoltaic solar energy systems that convert solar energy directly into electricity through a semiconductor device, or (2) solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. Solar energy system includes all components of the electricity generating facility (inverters, transformers, switchgear, substations, communications infrastructure, and other ancillary or related equipment), but does not include transmission lines or generation tie lines connecting the solar energy system to a utility-owned substation.

Ground mounted solar energy system means a solar energy system that is structurally mounted to the ground and does not qualify as an Integrated solar energy system ["ISES"]. For purpose of this article, any solar canopy that does not qualify as an Integrated solar energy system shall be considered a ground mounted solar energy system, regardless of where it is mounted.

No solar energy system shall be located, installed, constructed, modified, or operated in the city unless it complies with the appendix A, zoning. All solar energy systems must be in compliance with all applicable State of Mississippi and federal laws and regulations and shall obtain all necessary city, State of Mississippi, and federal permits and licenses.

(Ord. No. 2022-11-904, § 1, 2, 11-15-22)

A ground mounted solar energy system shall be enclosed by perimeter fencing. The fencing material must be approved by the city Planning Commission and the Mayor and board of aldermen of the city of Batesville before the fence is built or installed.

(Ord. No. 2022-11-904, § 3, 11-15-22)

A solar energy system shall display signs stating the risks that may result from contact with a solar energy system, identifying the owner of the solar energy system and providing emergency contact information. All signs shall comply with the requirements of the appendix A, zoning.

(Ord. No. 2022-11-904, § 4, 11-15-22)

Decommissioning. Unless otherwise approved by the Mayor and board of aldermen, decommissioning of a ground mounted solar energy system shall begin no later than twelve (12) months after a ground mounted solar energy system has permanently ceased to generate electricity, and the owner or operator of the ground mounted solar energy system shall return the property to its condition prior to the installation of the ground mounted solar energy system or to some other condition reasonably appropriate for the designated land use within twenty-four (24) months after a ground mounted solar energy system has permanently ceased to generate electricity. Notwithstanding anything to the contrary, a ground mounted solar energy system will not be considered to have permanently ceased to generate electricity unless it has failed to diligently pursue the production of, or restoration of the ground mounted solar energy system's ability to produce, electricity for at least six (6) consecutive months. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. The plan shall include provisions for removal of all structures, foundations, electrical equipment and internal or perimeter access roads, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. The decommissioning shall be done in compliance with all applicable State of Mississippi, federal, and city of Batesville laws, regulations, and ordinances.

(Ord. No. 2022-11-904, § 5, 11-15-22)