Hapeville City Zoning Code

(a)

Submission. SES applications must be delivered to the department of community services. All permit applications must be stamped by planning and zoning department personnel indicating the submission date.

(b)

Requirements for all SES. The applicant shall submit the following information on a form provided by the department of community services:

(1)

The address of the property on which the SES will be located;

(2)

The applicant's name, address, telephone number, and email address;

(3)

The property owner's name, address, telephone number, and email address;

(4)

If known, the installation company's name, address, telephone number, email address, and license number;

(5)

Evidence of the applicant's control of the property, such as a deed, lease, or option agreement with the landowner; and

(6)

A site plan of the property that depicts the locations of all existing and proposed structures (including solar arrays, inverters, transformers, electrical substations, and buildings), property lines, rights-of-way, roads, required setbacks, and visual buffers.

(c)

Additional requirements for large scale SES. When applying for a permit for a large scale SES, the following additional information is required:

(1)

A topographic map that depicts vegetative cover, watersheds, or wetlands on the property;

(2)

A visual buffer plan that demonstrates that any visual buffer:

a.

Minimizes impacts of the SES on adjacent residential dwelling units, as required by this article;

b.

Preserves natural tree growth and natural land forms along the SES perimeter, as required by this article; and

c.

Adheres to any additional visual buffer requirements of this chapter that may further minimize impacts of the SES on the community character;

(3)

A list that identifies:

a.

Federal or state endangered, threatened, or candidate species that may be present on the property or within 1,000 feet of the property; and

b.

Critical habitat on the property or within 1,000 feet of the property.

(4)

A decommissioning plan that contains the following:

a.

The name, address, telephone number, and e-mail address of the person(s) or entity(ies) responsible for implementing the decommissioning plan;

b.

A statement of conditions that require the decommissioning plan to be implemented;

c.

As part of decommissioning, a removal plan that identifies all structures, components, and non-utility owned equipment that shall be removed;

d.

As part of decommissioning, a plan for recycling or otherwise reusing all materials to the extent reasonably practicable;

e.

As part of decommissioning, a restoration plan to return the property to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use after the SES is removed; and

f.

A timeline to complete decommissioning.

(5)

An affidavit that provides, to the best of the applicant's knowledge:

a.

Construction and operation of the SES will comply with all applicable federal and state laws;

b.

Construction and operation of the SES will comply with all local laws, including the requirements of this chapter; and

c.

Commercial general liability insurance will be maintained throughout the siting, construction, installation, operation, and decommissioning of the SES.

(d)

Approval of the department of community services. The department of community services shall review all SES applications that require a permit for compliance with the building codes and indicate such compliance in a written report attached to the application. After completing any such report, the department of community services shall forward the application, including any other documents submitted by the applicant, and the report to the city planner.

(e)

Decision of the city planner.

(1)

Provided that the application is complete, all permit fees have been paid, and the proposed SES and the lot on which the SES is to be placed are in compliance with all requirements of this division and all other ordinances and laws of the city, the city planner shall render a determination and shall inform the applicant of his or her decision within 45 calendar days of the submission date. The city planner shall give notice to the applicant of his or her decision on such application by hand delivery or by mailing such notice, by certified mail, return receipt requested, to the address on the permit application on or before the 45th day.

Upon the expiration of the 45-day period without a decision being made on the application, the applicant shall be permitted to erect and maintain the SES under this statutory provision unless and until the city planner notifies the applicant of a denial of the application and states the reasons for the denial. No person erecting a SES under this provision shall acquire any vested rights to continued maintenance of such SES, and following a subsequent denial of a SES application by the city planner, the SES must be brought into compliance with this division.

(2)

The city planner shall reject any application that is incomplete or contains false material information or omissions within 45 calendar days of the submission date. Applications subsequently submitted in conformity with this section shall be deemed to have been submitted on the date of resubmission rather than the original submission date.

(3)

If the city planner determines that a previously issued SES was issued pursuant to an application that contained false material information or omissions, he or she shall promptly revoke such permit and the sign shall be immediately removed.

(f)

Appeal. An applicant who is dissatisfied by a decision of the city planner on the application for a SES permit has the right to appeal that decision. Any such appeal shall occur under the following procedures:

(1)

The applicant shall deliver a written notice of appeal to the city planner within 14 calendar days of his or her receipt of the notice of the decision. In the event that that no appeal is made within the 14-day period, the decision of the city planner shall become final. In the event that an appeal is filed, the city planner shall promptly transmit to the board of appeals all documents constituting the record upon which the decision appealed from was made.

(2)

The board of appeals shall:

a.

Hold a hearing on any timely filed appeal no more than 30 days after the notice of appeal was received; and

b.

Make its final determination of the appeal not more than 30 days after the date of such hearing.

The review by the board of appeals shall be limited to a determination of whether or not the decision of the city planner was clearly erroneous.

(3)

Any appeal of the decision of the board of appeals shall be taken to the county superior court by a petition for a writ of certiorari.

(Ord. No. 2020-23, § 1, 9-15-2020)