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Coweta County Unincorporated
City Zoning Code

ARTICLE 6D

SOLAR ENERGY SYSTEMS AND FACILITIES.

The following standards are intended to guide the development of solar energy systems and/or facilities and to facilitate the construction, installation, and operation of these systems and/or facilities in a manner that protects the public health, safety and welfare and avoids significant impacts on resources and adjacent land uses.


Section 6D.1.- Title.

This ordinance shall be known and may be cited as the "Solar Energy Ordinance of Coweta County, Georgia," and may be referred to as the "solar energy ordinance."

(Ord. No. 003-25, 1-23-25)

Section 6D.2. - Intent.

The intent of this solar energy ordinance is to:

a.

Encourage the use of existing buildings for the placement of solar energy systems;

b.

Encourage the location of solar energy facilities, to the extent possible, in areas where any potential adverse impacts on the community will be minimized; and,

c.

Minimize the potential adverse effects associated with the construction of solar energy facilities through the implementation of reasonable design, landscaping, and construction practices.

(Ord. No. 003-25, 1-23-25)

Section 6D.3. - Applicability.

The following provisions are applicable to this solar energy ordinance unless prohibited or further restricted by a homeowners' association and/or property owners' association:

a.

Solar energy systems and/or solar energy facilities permitted prior to the effective date of this solar energy ordinance shall not be required to meet the requirements of this section.

b.

Solar energy systems and/or solar energy facilities constructed after the effective date of this solar energy ordinance shall be required to meet the requirements of this section.

c.

Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system and/or solar energy facility shall comply with the provisions of this solar energy ordinance.

(Ord. No. 003-25, 1-23-25)

Section 6D.4. - Severability.

This ordinance is declared to be severable in accordance with the following:

a.

If any word, phrase, sentence, part, section, subsection, or other portion of this article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

b.

Any special use permit issued under this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a legal authority, or is overturned by a legal authority, the permit shall be void in total, upon determination by the board of commissioners.

(Ord. No. 003-25, 1-23-25)

Section 6D.5. - Interpretation of certain terms and words.

For the purpose of interpreting this article, certain words or terms used herein shall be defined as follows:

Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot," "tract," or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory.

(Ord. No. 003-25, 1-23-25)

Section 6D.6. - List of definitions.

Except as specifically defined herein or within article 3 of these regulations, all words used in this section shall carry their customary meanings as defined in a standard dictionary.

For purposes of this section, the following definitions shall apply:

Accessory structure. Anything constructed or erected which requires permanent location and is subordinate to a building or structure on the same lot. For purposes of this solar energy ordinance, a solar energy system, ground mounted is considered an accessory structure.

Administrative approval. Zoning approval that the director of community development is authorized to grant after administrative review.

Administrative review. Non-discretionary evaluation of an application by the director of community development as established herein and is not subject to a public hearing.

Force majeure. A party developing a solar energy facility or solar energy system shall not be responsible or liable for failure or delay in performing an obligation under this solar energy ordinance when and to the extent such failure or delay is caused by, or results from, acts or conditions beyond the reasonable control of the affected party. Said affected party shall use reasonable efforts to minimize the impacts of the failure or delay.

Mechanical equipment. All items not listed in these definitions that are directly related to construction and operation of a solar energy system and/or solar energy facility including, but not limited to, on-site transmission lines, pumps, batteries, inverters, mounting brackets, framing, foundations, or other structures.

Off-grid solar photovoltaic system with battery back-up. Solar electrical systems designed to operate independently from the local utility grid and provide electricity (e.g., to a building, boat, recreational vehicle, sign, remote pump, or gates). These systems usually require a battery bank to store electricity generated by solar energy for use at night or in cloudy conditions.

Photovoltaic (PV) system. A solar energy system that produces electricity using semiconductor devices, called photovoltaic cells, which generate electricity whenever light strikes them. Included in a PV system are the solar energy generation mechanisms (e.g., panels or other assemblies of solar electric cells), inverters (devices that convert direct current electricity produced by the PV system to usable alternating current), batteries and battery systems that store electrical energy from the PV system for future use, meters and electric transmission wires and conduits that facilitate connections with users and/or the local power grid.

Power inverter. A device that inverts the direct current (DC) electricity produced by a solar energy system and/or solar energy facility into usable alternating current (AC).

Solar array. Photovoltaic modules or panels that generate solar electricity and are assembled or connected to provide a single electrical output.

Solar array, tracking. A solar array that follows the path of the sun to optimize the amount of solar radiation received by the device. A tracking solar array may be ground mounted or building mounted.

Solar access easement. A recorded easement obtained in accordance with O.C.G.A. § 44-9-20 et seq., the purpose of which is to secure the right to receive sunlight across real property of another party for continued access to sunlight necessary to operate a solar energy system and/or solar energy facility.

Solar energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector or solar energy system and/or solar energy facility.

Solar energy facility. The area of land devoted to solar energy system installation. The principal use of a solar energy facility is as an interconnection with the local utility power grid for distribution to more than one property or consumer in the electricity market as a commercial venture and includes the term "solar farm."

Solar energy system. A device or structural feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. Solar energy system refers only to photovoltaic systems that convert solar energy directly into electricity through a semiconductor device or 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 excludes concentrated solar power which uses mirrors to focus the energy from the sun to produce electricity.

Solar energy system, building mounted. A solar energy system, which may include solar thermal panels, solar hot water system panels, and/or photovoltaic panels, which are mounted to a building or structure, to provide energy primarily for on-site use. Building-mounted solar panels may be flush-mounted (i.e., flush to a building roof or building façade in a manner that the panel cannot be angled or raised), or as one or more modules fixed to frames which can be tilted or automatically adjusted at an optimal angle for sun exposure.

Solar energy system, building integrated. A subset of building mounted systems, building integrated systems are photovoltaic materials that are built into, rather than installed onto the structure. These systems may take the shape of conventional building materials such as roofing shingles, skylights, windows, and wall surfaces.

Solar energy system, ground mounted. A solar energy system that is directly installed on or mounted to the ground and is not attached or affixed to any structure, to provide energy primarily for on-site use. Ground mounted systems are considered accessory structures. Ground mounted solar panels and mechanical equipment may be used in combination with a building mounted solar energy system. The footprint of a ground mounted solar energy system is calculated by drawing a perimeter around the outermost solar energy system panels and any equipment necessary for the functioning of the solar energy system, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the solar energy system to a utility or consumer outside the solar energy system perimeter shall not be included in calculating the footprint.

Ground mounted solar energy systems shall be delineated by size as follows:

a.

Small-scale ground mounted solar energy system—footprint less than one acre.

b.

Intermediate-scale ground mounted solar energy system—footprint one to five acres.

c.

Large-scale ground mounted solar energy system—footprint greater than five acres.

Solar energy system, roof mounted. A solar energy system that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated solar energy system.

Solar farm. A solar energy facility, typically with multiple solar arrays, designed and used for generating electric energy by a photovoltaic system.

(Ord. No. 003-25, 1-23-25)

Section 6D.7. - Permitting uses and approval process for solar energy systems and/or solar energy facilities.

a.

Administrative review and approval.

1.

Building mounted solar energy systems shall be considered as an accessory use in all zoning districts; provided that the requirements of this solar energy ordinance are met and subject to the director of community development's approval with or without conditions, as applicable.

2.

Small-scale ground mounted solar energy systems shall be considered as an accessory use in all zoning districts; provided that all requirements of this solar energy ordinance are met and subject to the director of community development's approval with or without conditions, as applicable.

b.

Special use permit approval.

1.

Intermediate-scale ground mounted solar energy systems and large-scale ground mounted solar energy systems shall be considered within the LM (Light Industrial) M (Industrial) and RC (Rural Conservation) zoning districts, upon application to and approval by the board of commissioners, in accordance with the provisions identified herein.

2.

Solar energy facilities (solar farms) shall be considered within the LM (Light Industrial) or M (Industrial) zoning districts, upon application to and approval by the board of commissioners, in accordance with the provisions identified herein.

Solar Energy Systems (SES) All Zoning Districts RC (Rural Conservation) LM (Light Industrial) M (Industrial)
Building Mounted SES
Building Mounted SES Accessory use
Ground Mounted SES
Small-scale SES
(SES footprint less than one acre)
Accessory use
Intermediate-scale SES
(SES footprint one to five acres)
Special use permit (BOC) Special use permit (BOC) Special use permit (BOC)
Large-scale SES
(SES footprint greater than five acres)
Special use permit (BOC) Special use permit (BOC) Special use permit (BOC)
Solar Energy Facility (solar farm) (SES tract/parcel greater than ten acres and less than 500 acres) Special use permit (BOC) Special use permit (BOC)

 

(Ord. No. 003-25, 1-23-25)

Section 6D.8. - Submittal requirements applicable to all applications.

The information below shall be provided as a part of each application for intermediate-scale ground mounted solar energy systems, large-scale ground mounted solar energy systems, and solar energy facilities (solar farms). For small-scale ground mounted solar energy systems and building mounted solar energy systems, the director of community development shall determine which, if any, of the items below are required to fully review each request:

Application fees. As set forth in appendix A, appendix—fee schedule.

Permit fees. As set forth in chapter 14—buildings and building regulations, appendix—permit fee schedule.

Survey. A certificate from a Georgia registered land surveyor showing a scale drawing of the location of the principal building(s), accessory structure(s), septic fields, wetlands, existing streams and associated buffers, floodplain and other features.

Site plan. A detailed site plan identifying the location and dimensions of existing and/or proposed structures, driveways, parking areas, accessory structures, transmission lines, existing vegetation, and the location of proposed site improvements to include, but not be limited to: solar panels, inverters, ancillary equipment, screening, fencing and buffer vegetation. The site plan shall also include the location of any residences within 250 feet of the perimeter of the property, the location of any proposed solar access easements, and standard drawings of solar energy system and/or solar energy facility components, including engineered drawings and documentations for footings and solar array structural supports.

Elevation sketch. A drawing illustrating the height and orientation of ground mounted components or the profile of any roof-mounted solar panels.

Noise evaluation report. A noise evaluation report for each grouping of solar panels and any substation or facility that emits noise in the project. The report shall state, at minimum, the daytime and nighttime base-line noise level at a point on the property line closest to the primary dwelling on an adjoining non-participating parcel; the potential noise level generated by the solar panels and inverters and any substation associated with the project; and the manufacturer's technical documentation of the proposed solar energy generating equipment noise levels. The noise evaluation report shall include the projected maximum levels of infrasonic sound, ultrasonic sound, impulsive noise and prominent discrete tones generated and measured at a point on the property line closest to the primary dwelling on an adjoining nonparticipating parcel. The report shall include a map depicting the noise study area radius, project boundaries, sound level monitoring locations and the nearest receptor locations. The noise evaluation report shall include any potential mitigation actions to ensure that sound level does not exceed 45dBA as measured at the property line point(s).

Hazardous materials. Present a plan, compliant with federal and state laws, to be implemented upon the release or exposure of any hazardous materials from the solar energy system and/or solar energy components. Causation for release or exposure includes but not limited to: damage from natural occurrences such as inclement weather or damage from manmade events such as a motor vehicle collision or criminal acts of destruction.

Acknowledgement from utility company or interconnecting entity. If applicable, written confirmation from the applicable electric utility or interconnecting entity indicating one of the following:

1.

They are aware of the applicant's intent to install an interconnected, customer-owned generator to provide electricity to their property. Off-grid photovoltaic systems shall be exempt from this requirement; or

2.

They are aware of the applicant's intent to connect the solar energy system and/or solar energy facility to their utility grid with the intent of selling electricity to the utility or interconnecting entity.

Lease agreements. If applicable, a copy of all lease agreements and solar access easements.

Solar power facility agreement. If applicable, a copy of a solar power facility agreement, as defined and in accordance with O.C.G.A. § 46-3-67 et. seq.

Decommission plan. An application for a solar energy facility permit shall be accompanied by a decommissioning and restoration plan prepared by a professional engineer duly licensed by the State of Georgia. The decommissioning plan shall include, at a minimum:

a.

A description of the anticipated life of the solar energy facility;

b.

The parties responsible for the decommissioning and restoration;

c.

Defined conditions upon which decommissioning will be initiated (e.g., end of lease, condition of a potential public safety hazard, etc.);

d.

The estimated decommissioning and restoration costs and timeframe for completion of activities;

e.

The amount by which such costs were reduced due to the recyclable value of any materials;

f.

The method for ensuring that funds will be available for decommissioning and restoration of the real property;

g.

Removal of all non-utility owned equipment, conduits, structures, fencing, roads and foundations (and/or a written waiver signed by the property owner releasing the solar energy facility developer from this requirement or a portion thereof);

h.

Restoration of the property to a condition prior to development of the solar energy facility project, to include completion of the following, in accordance with any applicable laws or regulations, safely:

1.

Clear, clean, and remove from the property all applicant's owned solar energy devices and all applicant owned equipment, personal property, and improvements used to support such devices;

2.

For each foundation of a solar energy device, transformer, or substation installed on the property by the applicant:

A.

Clear, clean, and remove the foundation from the ground to a depth of at least three feet below the surface grade of the land in which the foundation is installed; and

B.

Ensure that each hole or cavity created in the ground by such removal is filled with soil of the same type or a similar type as the predominant soil found on the property;

3.

For each cable, including power, fiber-optic, and communications cables, installed underground by the applicant:

A.

Clear, clean, and remove the cable from the ground to a depth of at least three feet below the surface grade of the land in which the cable is installed; and

B.

Ensure that each hole or cavity created in the ground by such removal is filled with soil of the same type or a similar type as the predominant soil found on the property; and

4.

Clear, clean, and remove from the property each overhead power or communications line installed on the property by the applicant.

5.

Completion of any such other terms of agreement between applicant and landowner pursuant to a solar power facility agreement.

i.

A signed statement from the party responsible for completing the decommissioning activities acknowledging such responsibility.

Additional requirements. The county may require other studies, reports, certifications, and/or approvals to ensure compliance with this section.

Financial assurance. An application for a solar energy facility permit shall be accompanied by evidence of financial assurance that funds will be available for decommissioning the solar energy facility and reasonably restoring the site to its natural condition conforming to the requirements set forth in the decommissioning plan, unless otherwise precluded in accordance with O.C.G.A. § 46-3-67 et. seq. The financial assurance shall be in the form of surety acceptable to the Coweta County Board of Commissioners.

j.

The amount of the financial assurance shall be:

1.

At least equal to the estimated cost of removing the solar power facilities from the landowner's property and restoring the property to the conditions set forth in the decommissioning plan:

A.

Minus the salvage value of the solar power facilities; and

B.

Plus any portion of the value of the solar power facilities pledged to secure outstanding debt; and

2.

Determined by an independent, third-party professional engineer licensed in this state;

k.

The applicant shall deliver to Coweta County Department of Community Development an updated estimate, prepared by an independent, third-party professional engineer licensed in this state, of the removal costs to include restoration of property to conditions set forth in the decommissioning plan, and the salvage value of the solar power facilities:

1.

No later than 20 years after the issuance of a certificate of completion of the solar power facility; and

2.

At least once every five years after the issuance of a certificate of completion of the solar power facility until completion of the decommissioning plan;

l.

The applicant shall be responsible for ensuring that the amount of the financial assurance remains sufficient to cover the amount required by financial assurance subsection a., consistent with the estimates required by financial assurance subsection b.;

m.

The applicant shall be responsible for the costs of obtaining financial assurance and costs of determining the estimated removal costs and salvage value; and

n.

The applicant shall deliver the financial assurance before issuance of a certificate of completion of the facility and annually thereafter.

(Ord. No. 003-25, 1-23-25)

Section 6D.9. - General requirements applicable for solar energy systems and/or solar energy facilities.

a.

All solar energy system and/or solar energy facility components shall be installed and maintained per the manufacturer's specifications.

b.

Solar energy systems and/or solar energy facilities shall comply with the local floodplain management ordinance, as applicable, and shall not be permitted within the floodway.

c.

Components of solar energy systems and/or solar energy facilities are considered structures or appurtenances and shall comply with the underlying height requirements identified in article 23.

d.

A solar energy system and/or solar energy facility shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, tinsel, balloons, flags, banners, or similar materials. The manufacturers' or installers' identification and appropriate warning signage shall be posted at the site in a clearly visible manner.

e.

No solar energy system and/or solar energy facility or its components shall be located over a septic system leach field area or identified reserve area unless written approval is granted by the environmental health department.

f.

The solar energy system and/or solar energy facility components shall be designed with an antireflective coating or at least not produce glare that under normal operating conditions would constitute a nuisance to occupants of neighboring properties, aircraft, or persons traveling adjacent or nearby roads.

g.

Any solar energy system and/or solar energy facility installed to be used by someone other than the owner of the property shall provide an affidavit or evidence of agreement between the lot owner and the system's and/or facility's owner or operator confirming the system and/or facility owner or operator has permission of the property owner to install and utilize solar panels.

(Ord. No. 003-25, 1-23-25)

Section 6D.10. - Specific requirements applicable to all solar energy systems.

a.

Solar energy systems must comply with International Building Code and International Residential Code requirements, as applicable.

b.

Building mounted solar energy systems.

1.

Placement of building mounted solar energy systems:

A.

Mechanical equipment shall not be located on a street-facing slope of a pitched roof.

B.

Only building integrated or flush mounted solar energy systems may be mounted on street-facing building elevations.

C.

Components associated with a building integrated or flush mounted solar energy system shall not be mounted or affixed to any freestanding wall or fence.

D.

No solar energy system shall be mounted or affixed to a wall or fence.

2.

Height of building mounted solar energy systems:

A.

Solar panels installed on a sloped roof shall not vertically exceed the highest point of the roof to which it is attached.

B.

Solar panels installed on a building with a flat roof shall not extend more than the roofline of the structure.

3.

All components shall be of similar building color as the material to which they are affixed.

4.

Permitting: A building permit is required for installation of all building mounted solar energy systems.

c.

Ground mounted solar energy systems.

1.

Placement of ground mounted solar energy systems:

A.

A ground mounted solar energy system shall not be located on a residential lot unless a principal building is located on the same lot.

B.

Components shall not be located closer than ten feet to any principal building on the same lot.

C.

Ground mounted solar energy systems shall not be located within the front yard of any lot or between the principal building and the street. Solar canopies covering commercial parking are exempt from this requirement.

D.

No component associated with the ground mounted solar energy system may be located within the required setbacks of the underlying zoning district.

E.

In the case of a double-frontage lot, all components associated with the ground mounted solar system shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on the streets in the same block or adjacent blocks.

F.

In the case of corner lots, no component of the ground mounted solar system shall be located closer to the side property line along a public street than the permitted distance for the principal building on the lot.

2.

Ground mounted solar energy systems and associated components, including, without limitation, transformers and foundations, shall be considered impervious surfaces. For purposes of compliance with the county's impervious surface coverage requirements, the panels of a ground mounted solar energy system shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil. Notwithstanding, all requirements of chapter 30—environment, article IV shall be met.

3.

The overall height of the ground mounted solar energy system shall not exceed 15 feet when oriented to the maximum tilt for solar collection.

4.

Noise: Inverter noise from a ground mounted solar energy system shall not exceed 45dBA as measured at the property line.

5.

Maximum area coverage of a ground mounted solar energy system:

A.

For residential properties, the footprint of the system shall not exceed 25 percent of the footprint of the principal building served.

B.

For non-residential properties, the footprint of the system shall not exceed 50 percent of the footprint of the principal building served.

6.

All mechanical equipment shall be screened from adjacent properties. Screening shall consist of plant material listed in article 25, section 253 to provide a visual buffer.

7.

Permitting. A building permit is required for any ground-mounted solar energy system and for the installation of any thermal solar energy system.

d.

Solar energy facilities (solar farms).

1.

Solar energy facilities shall be permitted within the LM (Light Industrial) or M (Industrial) zoning districts subject to the provisions herein.

2.

Solar energy facilities shall be a minimum parcel size or tract size of no less than ten acres and no greater than 500 contiguous acres.

3.

Maximum coverage area: The footprint of the solar energy facility shall not exceed 50 percent of total acreage. However, upon satisfactorily demonstrating to the board of commissioners that an increase in coverage area is 1) necessitated by extenuating factors, and 2) is in the best interests of the citizens of Coweta County, the footprint may be increased up to 75 percent of the total acreage of the subject tract.

4.

Setbacks: Any component associated with a solar energy facility shall be set back 100 feet from any property boundary and/or public rights of way, unless otherwise conditioned by the board.

5.

Height: Freestanding solar panels or solar arrays for a solar energy facility shall not exceed 15 feet in height as measured from the grade at the base of the structure to the highest point of the equipment when oriented to the maximum tilt for solar collection.

6.

Solar energy facility mounting:

A.

Solar panels or solar arrays shall be mounted onto a pole, rack, or suitable foundation in accordance with the manufacturer specifications to ensure the safe operation and stability of the solar energy facility. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer which are able to fully support the solar energy facility components in accordance with applicable building permit requirements.

B.

Electrical components shall meet applicable electrical code requirements. To the extent practical based upon geographic and topographic limitations, electrical wires and lines less than 100kV used in conjunction with the solar energy facility shall be installed underground. Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

7.

Noise: Inverter noise from a solar energy facility shall not exceed 45dBA as measured at the property line.

8.

Clearing of natural vegetation shall be limited to that which is necessary for construction, operation, and maintenance of the ground mounted solar photovoltaic installation and compliant with applicable sections within chapter 30—environment, of the Coweta County Code of Ordinances.

A.

No more than 50 contiguous acres or 50 acres of a project site may be disturbed at any one time.

9.

Screening: Any portion of the solar energy facility that abuts residential uses and/or public rights-of-way shall be buffered by one or a combination of the following:

A.

Absent mature vegetation, a double row of evergreen shrubs and/or trees installed in staggered rows at a height of no less than 15 feet and achieving opaqueness and a minimum height of 20 feet in five years.

B.

On-site mature vegetation existing at a minimum height of 15 feet and a depth of 100 feet between the footprint of the solar energy facility and adjacent properties or rights-of-way, unless otherwise conditioned by the board.

C.

In combination with existing vegetation, a single row of evergreens installed at a height of no less than 15 feet and achieving opaqueness and a minimum height of 20 feet in five years.

D.

All planted buffers shall be comprised of a minimum of three genera of approved plant material. If three genera of plant material are to be utilized within the buffer, then no genus shall comprise more than 33 percent of the total number of plants within the buffer.

E.

When the above requirements are in conflict with the buffer requirements for incompatible uses contained within article 25, then the stricter requirement(s) shall apply.

10.

Emergency response and security: The names of the facility owners and facility operators, and their addresses and telephone numbers shall be posted at each entrance of a solar energy facility. Solar energy facilities may also be required to install and maintain fencing to enclose the facility. Such fencing may be located along the perimeter of the solar energy facility footprint, or at such other locations as may be determined by the board of commissioners in connection with the grant of a special use permit to the solar developer in accordance with this chapter. Such fencing, if required, shall provide for an appropriate gate or gates for ingress and egress to and from the solar energy facility by the owner of the facility and the owner's agents, employees, and contractors.

All solar energy facilities shall have a written emergency response plan that shall be acceptable to the county's emergency management agency. Each solar energy facility shall update its emergency response plan no later than January 1 of each year with a copy provided the county's emergency management agency. The emergency response plan shall include:

A.

The telephone number, e-mail address, and street address for the property owner, all manufacturers, installers, owners, and operators;

B.

The telephone number, e-mail address, and mailing address for a representative of the solar farm responsible for responding to public inquiries;

C.

The material safety data sheets that apply to any materials on the solar farm; and

D.

The clearly marked means and instructions for shutting down the solar photovoltaic system.

11.

Airport Hazard District: Solar energy facilities proposed within a two mile radius of any airport shall present evidence they have gone through a review process with the Federal Aviation Administration (FAA). This review from the FAA shall indicate that the proposed facility shall not interfere with normal operation of aircraft in the area.

12.

All components of solar energy facilities shall be designed with an antireflective coating or shall not produce glare that under normal operating conditions would constitute a nuisance to occupants of neighboring properties, aircraft, or persons traveling adjacent or nearby roads. All lighting shall be activated by motion sensors, be fully shielded, and be designed such that light does not spill onto any adjacent property or into the night sky.

13.

Maintenance and upkeep: The operator of the solar energy facility shall maintain the facility, including all buffer screening, in compliance with the approved plans and shall keep the facility free from weeds, dust, trash, and debris.

14.

Removal of obsolete or unused structures and/or equipment: Obsolete or unused solar energy facility structures and/or equipment shall be removed from the subject property and disposed of properly. Subject to electrical grid shutdown or Force Majeure, any structure or equipment associated with a solar energy facility that is not operated for a continuous period of one year shall be considered an obsolete or unused structure and/or equipment and decommissioned per the approved decommissioning plan.

(Ord. No. 003-25, 1-23-25)

Section 6D.11. - Effective date.

This article shall be effective immediately upon passage, pursuant to applicable legal and procedural requirement.

(Ord. No. 003-25, 1-23-25)

Section 6D.12. - Authority.

This local ordinance is enacted pursuant to applicable authority granted by the state and federal government.

(Ord. No. 003-25, 1-23-25)