(a)

This chapter applies to the siting, construction, installation, and decommissioning of any new SES to be constructed or installed after the effective date of this Ordinance within the jurisdiction of Pulaski County.

(b)

Any SES that, prior to April 5, 2021: 1) is in operation; 2) is being lawfully sited, constructed, or installed; or 3) has caused the incurrence of substantial liabilities relating to siting, construction, or installation; shall be exempt from complying with this Ordinance, unless the surface area of an Integrated SES or Rooftop SES or the Footprint of a Ground Mounted SES is increased by more than [5—25]% after [the effective date of this Ordinance].

(c)

Unless otherwise expressly stated herein, an SES shall comply with all applicable federal, state, and local laws, including the requirements of the Pulaski County zoning code and applicable building, fire, electric, and plumbing codes. If a provision in this Ordinance directly conflicts with a requirement of the Pulaski County zoning code, the more stringent of the relevant criteria shall control. Where such conflict is deemed otherwise irreconcilable by Pulaski County, an applicant seeking to install SES may be awarded a variance, pursuant to the criteria for awarding such variances as established by the Hawkinsville/Pulaski County Zoning Board.

(d)

Unless otherwise expressly stated herein, any SES shall be subject to any design review requirements that may be instituted for the location where the SES is proposed for installation.

(Ord. No. 2021-1, § 1, 5-3-2021)

(a)

Solar Access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring the Integrated SES adequate exposure to sunlight.

(b)

Tree Removal. The removal of trees or natural vegetation for an Integrated SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the Pulaski County zoning code.

(Ord. No. 2021-1, § 2, 5-3-2021)

(a)

Solar Access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring the Rooftop SES adequate exposure to sunlight.

(b)

Tree Removal. The removal of trees or natural vegetation for a Rooftop SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the Pulaski County zoning code.

(c)

Height. A Rooftop SES shall be given an equivalent exemption, if any, to the applicable zoning district's height restrictions for roof-mounted mechanical devices or equipment, except a Rooftop SES mounted on a sloped roof shall not vertically exceed the highest point of the roof to which it is attached.

(Ord. No. 2021-1, § 3, 5-3-2021)

The following requirements apply to all Ground Mounted SESs, in addition to the specific requirements in this [Ordinance] that apply to Intermediate and Large-Scale SESs respectively.

(a)

Solar Access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring a Ground Mounted SES adequate exposure to sunlight.

(b)

Impervious Surface. Ground mounted structures and components of the Ground Mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the Pulaski County zoning code's impervious surface coverage requirements, the panels of a Ground Mounted SES 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.

(c)

Lighting. To reduce light pollution, lighting of a Ground Mounted SES shall: 1) be limited to the minimum reasonably necessary for its safe operation; 2) be directed downward where reasonably feasible; 3) incorporate full cut-off fixtures; and 4) reasonably utilize motion sensors.

(d)

Tree Removal. The removal of trees or natural vegetation for a Ground Mounted SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the Pulaski County zoning code.

(e)

Decommissioning. Unless otherwise approved by the zoning authority, decommissioning shall begin no later than 12 months after a Ground Mounted SES has ceased to generate electricity or thermal energy:

(i)

For a Ground Mounted SES allowed without a permit, within 6 months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use; and

(ii)

For a Ground Mounted SES allowed with a permit, the SES shall be decommissioned in accordance with the most recent decommissioning plan approved by the zoning authority, and as further described in the Special Use Permit provision of this Ordinance.

(Ord. No. 2021-1, § 4, 5-3-2021)

The following requirements apply to Intermediate Scale SESs, in addition to the general requirements in this [Ordinance] that apply to all Ground Mounted SESs.

(a)

Setbacks. An Intermediate Scale SES shall comply with the following setback requirements:

(i)

The Intermediate Scale SES shall be located no closer than the lesser of: (a) 15 feet from any property line, or (b) the required setback for the applicable zoning district, if any;

(ii)

The Intermediate Scale SES shall be located no closer than the lesser of: (a) 20 feet from any public right-of-way, or (b) the required setback for the applicable zoning district, if any; and

(iii)

The Intermediate Scale SES shall be located no closer than 50 feet from any residential dwelling unit on an adjacent lot.

(b)

Visual Buffers. An Intermediate Scale SES in a residential or agricultural district shall have, to the extent reasonably practicable, a visual buffer of natural vegetation, plantings, earth berms, and/or fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). The existing natural tree growth and natural landforms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. Any visual buffer must be established and maintained in accordance with the most recent visual buffer plan approved by the zoning authority, and as further described in the Special Use Permit provision of this Ordinance.

(c)

Signage. An Intermediate Scale SES:

(i)

Shall display signs: (a) stating the risks that may result from contact with an Intermediate Scale SES, (b) identifying the owner or operator of the Intermediate Scale SES, and (c) providing a 24-hour emergency contact phone number;

(ii)

Shall comply with the requirements of the applicable zoning district for displaying any advertisement; and

(iii)

May have signs that contain educational information about the Intermediate Scale SES.

(Ord. No. 2021-1, § 5, 5-3-2021)

The following requirements apply to Large Scale SESs, in addition to the general requirements in this Ordinance that apply to all Ground Mounted SESs.

(a)

Setbacks. A Large-Scale SES shall comply with the following setback requirements:

(i)

The Large-Scale SES shall be located no closer than the lesser of: (a) 15 feet from any property line, or (b) the required setback for the applicable zoning district, if any;

(ii)

The Large-Scale SES shall be located no closer than the lesser of: (a) 20 feet from any public right-of-way, or (b) the required setback for the applicable zoning district, if any; and

(iii)

The Large-Scale SES shall be located no closer than 100 feet from any residential dwelling unit on an adjacent lot.

(b)

Visual Buffers. A Large-Scale SES shall have, to the extent reasonably practicable, a visual buffer of natural vegetation, plantings, earth berms, and/or fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). The existing natural tree growth and natural landforms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. Any visual buffer must be established and maintained in accordance with the most recent visual buffer plan approved by the zoning authority, and as further described in the Special Use Permit provision of this Ordinance.

(c)

Signage. A Large-Scale SES:

(i)

Shall display signs: (a) stating the risks that may result from contact with a Large-Scale SES, (b) identifying the owner or operator of the Large-Scale SES, and (c) providing a 24-hour emergency contact phone number;

(ii)

Shall comply with the requirements of the applicable zoning district for displaying any advertisement; and

(iii)

May have signs that contain educational information about the Large-Scale SES.

(Ord. No. 2021-1, § 6, 5-3-1021)

In addition to the general requirements for a Special Use Permit application set forth in the Pulaski County zoning code, the following shall be contained in any Special Use Permit application for an SES:

(a)

Basic Information. The applicant shall submit a document that lists the following: 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 SES operator's name, address, telephone number, and email address; 5) if known, the installation company's name, address, telephone number, email address, and license number; and 6) evidence of the applicant's control of the property, such as a deed, lease, or option agreement with the landowner.

(b)

Planning. The applicant shall submit the following, based on the most current and accurate information reasonably available:

(i)

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;

(ii)

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

(iii)

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 Ordinance, (b) preserves natural tree growth and natural land forms along the SES perimeter, as required by this Ordinance, and (c) adheres to any additional visual buffer requirements of the Pulaski County zoning code that may further minimize impacts of the SES on the community character;

(iv)

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;

(v)

Evidence of coordination with the Federal Aviation Administration if required under the provisions of Title 14 of the Code of Federal Regulations;

(vi)

If the SES is located in an agricultural district, a map that identifies prime farmland and farmland of statewide importance on the property; and

(vii)

A decommissioning plan that contains the following:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

A timeline to complete decommissioning.

(c)

Certifications. The applicant shall submit an affidavit that provides, to the best of the applicant's knowledge:

(i)

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

(ii)

Construction and operation of the SES will comply with all local laws, including the requirements of the Pulaski County zoning code, unless waived by the zoning authority; and

(iii)

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

(Ord. No. 2021-1, § 7, 5-3-2021)

(a)

Upon receiving a Special Use Permit application for an SES, the zoning authority shall conduct permitting proceedings in accordance with the requirements of the Pulaski County zoning code.

(b)

A Special Use Permit application may be denied if the zoning authority determines the SES does not comply with the requirements of the Pulaski County zoning code.

(c)

The applicant's appeal rights are consistent with those rights expressed in the Pulaski County zoning code.

(Ord. No. 2021-1, § 8, 5-3-2021)

(a)

Where an existing permitted SES is either undergoing routine maintenance or being upgraded, in a manner that does not to increase the footprint, power output, light reflectivity, impervious surface, risk to animals and vegetation, or otherwise affect the health, safety and welfare of the neighboring or nearby property, no additional zoning review shall be required. However, an updated decommissioning plan shall be filed and signage shall be updated within three (3) days of the upgraded facility being brought on line for power generation.

(b)

In regards to an SES operating prior to the effective date of this Ordinance:

(i)

If the SES is undergoing routine maintenance, and otherwise does the footprint, power output, light reflectivity, impervious surface, risk to animals and vegetation, or otherwise affect the health, safety and welfare of the neighboring or nearby property, no additional zoning review shall be required.

(ii)

If the SES is receiving an upgrade, the entire system shall be evaluated as a new application under the relevant sections of both this Ordinance and Residential/Agricultural Ordinances of Pulaski County.

(c)

Pulaski County Building Code Official, or their designee, shall be the sole determiner of fact as to whether proposed maintenance or upgrades increase the footprint, power output, light reflectivity, impervious surface, risk to animals and vegetation, or otherwise affect the health, safety and welfare of the neighboring or nearby property.

(Ord. No. 2021-1, § 9, 5-3-2021)

(a)

It is hereby declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this article are severable.

(b)

If any phrase, clause, sentence, paragraph, or section of any part of this article shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article.

(Ord. No. 2021-1, § 10, 5-3-2021)