A.

To assure safe and effective development of solar-generated electricity.

B.

To facilitate economic opportunities for Hamilton County and its residents.

C.

To assist in the reduction of carbon-based emissions and the dependence of petroleum and coal- based energy systems.

D.

To develop standards for solar generated energy, utilize natural resources and ecologically sound energy sources, support Indiana's alternative energy sources potential and other such economic development tools; and

E.

Regulate the construction, modification, and operation of solar energy systems, subject to reasonable restrictions, to preserve the public health, safety, general welfare and avoid the adverse impacts of such operations on the community and the area's natural and constructed resources while still accommodating the need for solar energy production.

The Commercial Solar Energy System Overlay District is hereby created as an overly zoning district within the Land Use and Development Code of Hamilton County, Indiana (Zoning Ordinance). The commercial solar energy system overlay district may be referred to as the "SES overlay district." Notwithstanding anything in the Zoning Ordinance to the contrary, an SES is a permitted use in the SES overlay district.

The provisions of this article are applicable to those zoning districts which allow or may allow Solar Energy Systems (SES), including the SES overlay district, and govern the siting, development, operation, rehabilitation, decommissioning, and restoration of SESs, which generate electricity to be sold in the wholesale market or retail market, or which are utilized to generate electricity for private use and public use.

When any part of the development, construction, rehabilitation, operation, decommissioning, or restoration of a SES requires action, recommendations, hearing and/or decision pursuant to the provisions of the zoning ordinance, notice shall be given pursuant to the zoning ordinance of the plan commission of Hamilton County, Indiana (HCPC) and the rules & procedures of the board of zoning appeals of Hamilton County, Indiana (BZA), as applicable.

Provisions of this article or other parts of the zoning ordinance which are specifically made applicable to a specific type of SECS such as Small-Scale Commercial (CS-SES), or Large-Scale Commercial (CL- SES), shall apply to that type of SES. Provisions without reference to a specific type of SES, shall apply to all SESs unless determined otherwise by the executive director. The executive director may, upon proper notice, assign any question, general or as to a specific SES application, for discussion and/or instruction from the BZA.

An applicant for a SES may appeal the requirement, decision, or determination of the executive director in the manner prescribed by applicable rules of the BZA, the zoning ordinance and statute(s).

Exemptions (electrical permit still required). SES constructed prior to the effective date of this article shall not be required to meet the terms and conditions of this ordinance. Any physical modification to an existing SES whether existing prior to the effective date of this article that materially alters the SES shall require approval under this ordinance. Routine maintenance or like-kind replacements do not require a permit.

An application for rezoning to a commercial SES district must be submitted to the Hamilton County plan commission provided all property owners within the proposed commercial SES overlay district are listed as co-applicants. The application shall also include the following items:

A commercial SES project summary, including, to the extent available:

A.

A general description of the project including its total generating capacity, the potential equipment manufacturers, the type of SES, the number of SES panels, a total name plate showing generating capacity of each SES panel, the maximum height of the SES, the minimum spacing of the SES panels, and the specific location of the project.

B.

A description of the applicant/owner/operator, including their respective business structures.

C.

A description of substations, maintenance structures, storage yards, permanent meteorological towers and equipment, and other buildings that are a direct functional part of the SES project. These structures, within the proposed overlay district, shall be considered accessory uses.

D.

The names, addresses and phone numbers of the applicants/owners/operators, and all co- applicants.

E.

A topographic map of the project site and the surrounding area which shall encompass an area at least a quarter mile radius from the proposed district with contours of two-foot intervals.

Solar energy systems are a permitted use within the SES overlay district in the zoning districts shown as "Permitted" in the permitted use table and subject to requirements as set forth. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building.

As part of a rezoning to the SES overlay district or a development plan required for a C-SES, the applicant shall conduct and present a soil identification study or investigation that is intended to identify agricultural soils. The soil study shall utilize the soil classification system utilized by either the Purdue extension or as provided in the most current edition of Soil Taxonomy, A Basic System of Soil Classification for Making and Interpreting Soil Surveys published by the soil survey staff of the United States Department of Agriculture. Use of prime farmlands for solar array placement and C-SESs is not permitted and shall be the basis for the denial of a requested rezoning and/or development plan approval.

All SESs shall meet environmental performance requirements in addition to satisfying dimensional and site-condition standards. Requirements include not causing nuisance glare or noise, and follow tree preservation, habitat protection, and erosion control and stormwater management standards. Widespread tree removal is prohibited, and post-construction stormwater runoff volume and quality shall mimic or improve upon pre-development conditions.

Electric equipment must have an Underwriters Laboratory (UL), or equivalent listing and solar hot water systems must have a Solar Rating & Certification Corporation (SRCC) or equivalent rating.

All SESs shall meet approval of local building code officials, consistent with the State of Indiana Building Code, and solar thermal systems shall comply with HVAC-related requirements of the energy code.

All applicable portions of a SES shall comply with the Indiana State Electric Code. Solar thermal systems shall comply with applicable Indiana State Plumbing Code requirements.

All SESs, regardless of this ordinance, shall receive all appropriate permits for construction and operation.

It is recommended that the interconnection application be submitted to the utility prior to applying for required permits. Grid-tied solar energy systems shall comply with interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

A pre-application meeting is required with the plan commission executive director before filing an application for an SES, including a rezoning petition to the SES overlay district.

A.

Contact information. The SES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the executive director. The SES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

B.

Standards for C-SES. Horizontal extension for C-SES: The furthest horizontal extension of a C-SES, excepting the C-SES collection system, C-SES transmission lines, ingress/egress road and C-SES access roads/lanes, shall not extend into a setback which is otherwise required for the zoning district in which the C-SES is located or into a required buffer yard or into a setback required for an adjacent zoning district nor be less than fifteen (15') feet from any structure or public right-of-way easement for any above-ground telephone line, electrical transmission line, electrical distribution line or other above ground communication or transmission line.

C.

Safety provisions for C-SES. The SES owner and/or operator shall maintain an emergency response plan for the C-SES, which shall include (i) emergency contact information, including mobile telephone numbers, for the operator of the C-SES and, if applicable, the utility company that is purchasing the electricity generated by the C-SES,(ii) information regarding the presence of any explosive, toxic, hazardous or highly flammable materials that, if exposed to fire or ignited, would be reasonably likely to pose a threat to emergency response persons or surrounding persons or property, (iii) a plan for dealing with a fire in any part of the C-SES. The plan shall be updated not less than once per year, and a copy shall be provided to the chief of the fire departments that may respond to an emergency at the C-SES along with the executive director of Hamilton County emergency management.

D.

Height.

i.

Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.

ii.

Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.

iii.

Solar carports in all districts shall not exceed 20 feet in height.

E.

Visibility.

i.

Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way to the extent that doing so does not affect the cost or efficacy of the system. Visibility standards do not apply to systems in non-residential districts, except for historic building or district.

ii.

Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of- way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.

iii.

Aesthetic restrictions. Roof- or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards.

a.

Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.

b.

Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

iv.

Reflectors. All SESs using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties, including public right-of-way.

F.

Lot coverage.

i.

Ground-mounted SESs within residential and commercial districts shall not exceed the lot coverage standards associated with that district. All other districts shall not exceed 80% lot coverage.

i.

Solar panels shall have a 15' min. space between panel rows (regardless of panel angle).

ii.

Ground-mounted systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

iii.

Ground-mounted systems shall not count toward accessory structure limitations.

iv.

Solar carports in non-residential districts are exempt from lot coverage limitations.

G.

Historic buildings. SESs on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval of the county, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.

H.

Setback requirements.

i.

The minimum setback for solar equipment associated with the C-SES shall be 300 feet from single-family dwellings. A waiver agreement may be utilized to reduce this setback to the minimum setback for each zone district for the appropriate property line building setback for primary structures. The minimum setback must include the 20' buffer yard requirement (a waiver agreement with a setback of 20 feet would need to be set at 45 feet).

ii.

The minimum setbacks for solar equipment associated with the C-SES shall be the required primary building setback for the zone district and may include a buffer yard around the perimeter of the solar arrays. The setback may be reduced with an approved buffer/landscaping plan and/or waiver agreement. Minimum setbacks are measured from the road right-of-way (ROW) or the property line where there is no ROW present.

iii.

Setbacks apply to solar panels, racking, structures, solar collector, and electrical equipment. They do not apply to underground cabling, fencing, access roads/lanes or ingress/egress roads.

iv.

Minimum setback requirements along all county roads shall be determined by the front yard setback for each zoning district and the road classification as defined in the thoroughfare plan.

I.

Buffer yard, screening & vegetation.

i.

The width of buffer yards is identified in the table below and are measured from the road right-of-way (ROW) or the property line (PL) where there is no ROW present.

ii.

Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations, and ordinances. Existing topsoil shall not be removed from the site though it may be redistributed within the site as necessary for construction.

iii.

All trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. Any applicant shall locate a solar energy system so that tree removal is not required to the extent practical. Any healthy tree removed over 4" caliper shall be replaced 1:1 on-site or in an agreed upon location within the Hamilton County plan commission jurisdiction. Tree health shall be determined by a certified arborist.

iv.

No trees or other landscaping otherwise required by the ordinance or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a C-SES.

v.

A C-SES may only be located on a parcel larger than 5 acres.

vi.

All buffers requiring landscaping/screening shall have 100% opacity year round.

vii.

Only the following improvements shall be permitted within the buffer yard:

a.

Vehicular ingress/egress drives which tie into approved access points as determined by INDOT and/or the county engineer

b.

Landscaping and landscaping fixtures

c.

Lighting

d.

Fencing

e.

Signage

f.

Underground utility lines

g.

Overhead utility lines

h.

Drainage or storm water detention or retention areas

J.

Landscaping/screening requirements.

i.

All other roads and/or ROW in all other zone districts require a 25' buffer yard with opaque (100% opacity) landscaping/screening but may receive a reduction in opacity with a landscaping and screening plan approved by the BZA with proper notice and hearing.

ii.

A visually opaque (100% opacity) landscaping/screen shall be provided for any adjacent property that is zoned residential, and/or has an existing residential use. An opaque screen is intended to exclude visual contact with the solar equipment from any protected property. An opaque screen may be composed of landscaping, landscaped berm. The opacity, buffer yard width, and method of screening may be waived by the adjacent property owner(s) with a waiver agreement.

iii.

Natural areas as detailed below may also be used to meet screening requirements.

iv.

An existing vegetated area located on the same property as the solar farm; is within or includes the required buffer; and is of sufficient height, length, and depth and contains adequate and sufficient healthy vegetation to provide a visually opaque screen where required. The director may determine that further screening improvements shall not be required.

v.

Buffers adjoining commercial or manufacturing zone districts may use a screen to block, or obscure the view, composed of landscaping, a landscaped berm, or any combination thereof to screen from those districts as approved by the executive director. The executive director should take into consideration the design wishes of the adjacent property owner/operator. Fencing and walls shall not be used for screening, however this requirement may be waived by the adjoining property owner(s) with a waiver agreement.

vi.

Landscaping required within buffer yards shall have a minimum height that exceeds the maximum panel height (15' max.) within three (3) years. The intent is to provide visually opaque screening year-round, through a combination of buffers, fencing, landscaping, and/or landscaped berms to obscure the solar equipment from exterior view from adjoining residential uses and specified public right of ways.

vii.

Grass or ground cover shall be planted on all portions of the required buffer yard not occupied by other landscaped material.

viii.

All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials and shall keep them in a proper, neat, and orderly appearance free from refuse and debris at all times.

ix.

Unhealthy and dead plants shall be replaced within one (1) year of being provided written notice from the executive director of the violation. The determination of whether a plant is unhealthy shall be at the discretion of the executive director or a recognized landscape professional.

x.

The effectiveness of screening shall be maintained as the plant materials mature.

xi.

A clear sight triangle shall be maintained at all intersections and ingress/egress locations.

xii.

The C-SES shall be planted and maintained free of invasive or noxious species, as listed by the Indiana Invasive Species Commission. No insecticide use is permitted on the site. This provision does not apply to insecticide use in on-site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.

xiii.

Ground area under solar panels and in project site buffer areas shall be planted, established, and maintained for the life of the project in perennial vegetated ground cover meeting the definition of pollinator-friendly solar energy, which is the requirements of the current Indiana solar site pollinator habitat planning scorecard developed by Purdue University.

xiv.

Applicant shall submit a completed pollinator-friendly solar scorecard.

a.

If the scorecard results demonstrate that the C-SES does not qualify as pollinator- friendly, the applicant shall submit a landscaping plan detailing site conditions that prevent the site from being qualified and an alternative plan of meeting the water quality and habitat goals of the pollinator-friendly standard.

b.

Applicant shall install native species in array, perimeter and buffer areas that are in excess of 75% as per the scorecard. No invasive species shall be permitted. If the scorecard results demonstrate that the C-SES does not qualify as 'provides exceptional habitat', the applicant shall submit a landscaping plan, to be approved by the executive director, detailing site conditions that prevent the site from being so qualified and an alternative plan for meeting the water quality and habitat goals of the exceptional habitat standard.

K.

Foundations. A qualified engineer shall certify, prior to application for building permits, that the foundation and design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.

L.

Color, finish and glare.

i.

In addition to any applicable FAA requirements that now exist and the same are amended from time to time, the following shall also apply:

ii.

The C-SES shall remain painted or finished in the color or finish that was originally applied by the manufacturer provided the exterior surface of any visible components are non- reflective, a neutral color like white, grey or another non-obtrusive color. Finishes shall be matte or non-reflective.

iii.

To the extent reasonably possible, solar energy panels and arrays, regardless of how they are mounted, shall be oriented and/or screened year-round so that glare is directed away from adjacent properties, structures, and roadways.

iv.

The applicant has the burden of proving that any color, finish, or glare produced does not have significant adverse impact on adjacent uses either through siting or mitigation.

M.

Materials handling, storage, and disposal solid wastes.

i.

All solid wastes whether generated from supplies, equipment, parts, packaging, operation, maintenance, rehabilitation, decommissioning, restoration of the facility, or otherwise, including, but no limited to, old parts and equipment related to the maintenance, rehabilitation, decommissioning, or restoration of any C-SES shall be removed from the site promptly and disposed of in accordance with all federal, state, and local regulations, laws, and ordinances. The C-SES owner and C-SES operator shall have the same responsibility for compliance hereof.

ii.

Hazardous materials. All hazardous materials or hazardous waste related to the construction, operation, maintenance, rehabilitation, decommissioning, or restoration of any C-SES or otherwise generated by the facility shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal regulations and laws. The C-SES owner and the C-SES operator shall have the same responsibility for compliance hereof.

N.

Sewer and water. All C-SES facilities shall comply with the septic system and well regulations as currently required or as hereinafter amended, of the Hamilton County Health Department and the State of Indiana Department of Public Health.

O.

Utility interconnection. A C-SES, if interconnected to a utility system, shall meet the requirements for interconnection and operate as prescribed by the interconnection agreement with the electrical utility, as any applicable federal and state regulations now exist and as the same are from time to time amended.

P.

Signage. Signs will comply with ordinance sign standards.

i.

Development signs. An identification sign relating to a C-SES may be located on each side of the fenced facility area provided that there shall be no more than one (1) sign located on any side of the C-SES fenced facility area unless additional identification signs are required to provide reasonable notice to the general public.

ii.

A sign shall be securely posted on each gate entry point clearly displaying an emergency telephone number(s) and other contact information.

iii.

All ingress/egress roads to a C-SES shall have posted in a conspicuous location a 911 address road sign indicating the assigned address for that location.

iv.

Warning signs shall comply with applicable laws.

v.

No portion of the C-SES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the C-SES provided they comply with the prevailing sign regulations.

vi.

All signage required or permitted by this article shall be made of materials and constructed in a manner to be durable and long lasting. The same shall be painted or made of material with a distinct, high contrast background and be weatherproof paint or other weatherproof material to promote safety and protect the public from hazards and/or potential hazards.

Q.

Fence.

i.

For security, all ground-mounted C-SES shall be completely enclosed by a minimum six (6) foot high fence with a locking gate accessed by a keypad or knox box with key.

ii.

Signage will be permitted as specified in this article.

iii.

The fence should be located between the access road/lane and any required landscaping in the buffer yard unless otherwise approved.

iv.

A fence in an agriculture zone located on the property lines is the sole responsibility of the C-SES owner/operator.

v.

Any fences located within the regulated drain must seek approval from the Hamilton County drainage board.

R.

Noise.

i.

No operating C-SES shall produce noise that exceeds any of the following limitations except during construction. Adequate setbacks, barriers, enclosures, use of quieter equipment, or other effective means of reducing noise shall be used to comply with these limitations:

ii.

Fifty (50) dBA, as measured at the property line of any adjacent residentially zoned lot.

iii.

Forty-five (45) dBA, as measured at any existing adjacent residence between the hours of nine p.m. and seven a.m.; and

iv.

Sixty (60) dBA, as measured at the property lines of the project boundary, unless the owner of the affected property agrees to a higher noise level, as follows: The owner of an adjacent property that would otherwise be protected by the sixty dBA noise limitations may voluntarily agree, by written waiver, to a higher noise level. Any such agreement must specifically state the noise standard being modified, the extent of the modification, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the solar energy system developer, effective for the life of the project. This waiver must be recorded and cross-referenced with the affected property (properties).

v.

The executive director may hire an appropriate company, at the C-SES's owner or C- SES's operator's expense, to determine if noise levels have been exceeded.

S.

Ingress/egress and perimeter access.

i.

At a minimum, a 20' wide ingress/egress road must be provided from a public street, legally established access drive/road or another roadway into the site. This access shall be paved a minimum of 12', and the design accepted by the executive director upon written approval of the local fire chief. Approvals must meet all state and federal regulations.

ii.

At a minimum, a 12' wide perimeter access road/lane shall be provided around the perimeter of the C-SES between the solar arrays and required fence to allow access for maintenance vehicles and emergency management vehicles including fire apparatus and emergency vehicles. Part of this access may be a mown well maintained grass lane. The design of the perimeter access road/lane shall be accepted by the executive director upon written approval from the local fire chief. Approvals must meet all state and federal regulations.

iii.

Lighting. The ground mounted CS-SES shall not be artificially lit except to the extent required for safety or applicable federal, state, or local authority. Such lighting shall be shielded and downcast so as not to affect adjacent properties.

T.

Sub-surface and surface drains (regulated and non-regulated).

i.

Owner must locate all public and private subsurface drains prior to construction. Provide information on the drainage plan. Approval is needed by the county surveyor.

ii.

Damages, including but not limited to damming, cutting, removing, and blocking, to surface, sub-surface drains, or any other drainage infrastructure, by any cause connected with the project during construction, post construction, while in operation, or before the decommissioning is complete, must be restored by the solar owner/operator to a condition that is equal to or better than the pre-existing conditions within 10 days after receipt of notice of such damage, unless such repair is rendered impractical by weather or other natural force. The solar operator/owner shall be responsible for all expenses related to repairs, relocations, reconfigurations, and replacements of drainage infrastructure and systems that are damaged.

a.

The solar owner/operator shall post a "5A" surety bond in an amount determined by the drainage board, payable to the drainage board to address any need for drainage tile repair, replacement or re-routing caused by construction activities or installation of the project, such bond to be posted within 45 days prior to commencement of the construction of the C-SES and C-SES facilities.

b.

The bond is to remain in effect for a minimum period of five (5) years after the first day the C-SES is complete of all phases and in operation. The drainage board shall determine and adjudicate whether claims brought by an adjacent property owner for damage was and is a direct result from the project based on substantial evidence.

c.

The drainage board may waive the posting of a bond or modify the requirements of this section.

iii.

The solar owner/operator of the CS-SES shall fully comply with Indiana Code requirements regarding regulated drains except as otherwise approved by the drainage board and any other necessary bodies, including, but not limited to, the storm water management ordinance.

iv.

The solar owner/operator, and/or petitioner shall enter into an agreement with the drainage board and county surveyor to retain an appropriate inspector, at the owner/operator's sole expense. The inspector will ensure that all drainage infrastructures were installed according to specifications of the drainage plans and according to the requirements in the storm water management ordinance and any additional written requirements from the drainage board and county surveyor. The fees to cover the inspection costs shall be fair and reasonable. The drainage board may waive the requirements of this section.

U.

Operations and maintenance.

i.

SES owner and/or operator shall repair, maintain, and replace the SES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the SES in good repair and operating condition.

ii.

The applicant shall submit a plan for the operation and maintenance of the SES, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operation and maintenance of the installation.

iii.

Physical modifications. Any physical modification to any SES or a part thereof which materially alters the mechanical load, mechanical load path, or major electrical components shall require re-certification by all appropriate regulatory authorities. Like-kind replacements shall not require re-certification, unless required by a regulatory authority. Prior to making any material physical modification, other than a like-kind modification, the owner or operator of such SES shall confer with the executive director, county surveyor, county engineer, and any other appropriate regulatory authority as to whether or not the proposed physical modification requires re-certification of such SES.

V.

Nuisance.

i.

Declaration of public nuisance. Any SES declared unsafe by the county commissioners by being in breach of, or out of compliance with its SES permit(s) may seek to be rehabilitated and declared safe by appropriate repair(s) and other essential steps necessary to eliminate the breach(es) so as to be in compliance with such SES permit(s). An SES declared by the county commissioners by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, damage, abandonment or as provided herein to be determined unsafe, is hereby declared to be a public nuisance. A rehabilitation plan should be submitted to the county commissioners within 60 days. This plan shall provide procedures to rehabilitate the SES in a time not to exceed three hundred sixty-five (365) days except in the event of force majeure, including but not limited to unavailability of components or parts, strikes, and moratoriums which said majeure extends said time to 18 months total or a reasonable extension agreed to by the county commissioners. In the absence of an approved rehabilitation plan or meeting the agreed to time schedule(s), or failure to execute the required repair(s), in the time determined reasonable by the county commissioners, such SES shall be demolished and removed in accordance with the decommissioning-restoration plan and agreement.

ii.

Public nuisance waiver. In the instance that an unavoidable act of God inhibits, damages, or destroys part of, or the majority of, the SES, the three hundred sixty-five (365) day public nuisance removal timeline may be waived so long as the SES owner and/or SES operator provides a rehabilitation plan to remedy the damage and said plan is submitted to, and approved by, the county commissioners. Said plan will outline the necessary protocol and time schedule for returning the SES to energy production and must be submitted to the county within sixty (60) days of the date the damage was incurred, or a time determined reasonable by the county commissioners.

iii.

Adverse effects. To the extent possible the SES owner and/or operator shall minimize and/or mitigate all adverse effects created by the development of a SES.

a.

Failure to remedy a complaint: penalty.

i.

If an agreement to remedy a known adverse effect is not reached within one hundred eighty (180) days from the date of the written complaint or if an agreement to remedy is reached, however, the agreement is not implemented and completed within thirty (30) days of the date of such agreement i.e. the remedy is not fully implemented by the owner and/or operator of the SES causing such adverse effect, unless all parties agree in writing to an extension of time, the complainant may file a complaint with the executive director. The executive director shall make an appropriate investigation and determine if the complaint is meritorious, and if so, refer the same to the BZA for determination as to whether or not the BZA seek remedies available to it including, but not limited to, fines and/or injunctive relief, temporary or permanent, which may result in an order requiring the offending SES to be enjoined from operating.

ii.

In order for a complainant to have a valid complaint, specific evidence shall be presented to the executive director. This complaint should not exceed specific standards specified in safety design and installation standards contained herein. The executive director shall make this evidence part of the investigation of the complaint.

W.

Liability insurance.

i.

The owner and operator of an SES shall maintain a commercial general liability policy covering death, bodily injury and property damage, which may be combined with umbrella coverage, and said policy shall carry dollar amounts satisfactory to the county commissioners and with agreed upon dollar amount limits per occurrence, aggregate coverage, and deductible amounts, all of which shall be agreed upon by the owner and operator and said county commissioners and provided in the decommissioning-restoration plan and agreement or other appropriate plan or agreement between the county commissioners and SES owner and SES operator.

ii.

The SES owner and/or operator shall furnish a certificate of insurance and annual renewal certificate of insurance to the county commissioners prior to commencing construction and thereafter by January 5th of each year pursuant to this provision.

X.

Drainage easement. Provide a 30' drainage easement around the property, separate from the buffer yard, in favor of the Hamilton County drainage board or its designee.

Y.

Substation. The substation setbacks shall be the same as those of a C-SES. An adjacent landowner may waive this setback requirement by execution of a waiver agreement.

Z.

Poles and underground wiring. Underground wiring is required for all on-site and off-site connection infrastructure. All poles carrying overhead wiring and underground wiring connecting the racks and components of a C-SES and/or to connect a C-SES to a substation for connection to or other direct connection to a utility's electric transmission line, there are no setback requirements from property lines of adjoining landowners so long as the poles and underground wiring are located within a recorded easement for such purpose.

i.

Ground-mounted C-SES shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system, regulated drain easement, special flood hazard area, or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system except by written permissions granted by the county drainage board, and owner of the land and/or right-of-way and/or easement. This would include but not be limited to state, county, and/or private owned waterways, ditches, drainage tiles, retention areas and designated swales.

ii.

Any inverter shall be a minimum of seven hundred fifty (750) feet from any dwelling. This requirement may be reduced with an approved variance from the BZA only if the inverter is to be encapsulated.

iii.

Ingress/egress into a C-SES shall be no closer than 300 feet from the property line of an adjoining landowner.

AA.

Power and communication lines.

i.

Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Variances may be granted by the BZA in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible.

ii.

Power and communication lines between the project and the point of interconnection with the transmission system may be overhead.

BB.

Collection cable/lines. Collection cables, collection lines, and communication lines installed as part of any C-SES shall not be considered essential services.

CC.

Other appurtenances. No appurtenances other than those associated with the C-SES construction operations, maintenance, repair, replacement, rehabilitation, decommissioning, restoration, removal, and permit requirements shall be connected to the C-SES area except after notice of hearing and the hearing before the BZA pursuant to the applicable article(s) of this ordinance.

DD.

Equipment type.

i.

All C-SES shall be constructed of commercially available equipment and in conformance with this article. All panel brands and models used must have a full toxicity characteristic leaching procedure test showing that the proposed model of panels will not be considered hazardous waste at the end of life of the panel. Panels may not include Gen-X chemicals, P-FAS compounds, or heavy metals that are exposed to precipitation. Provide a report to the executive director indicating compliance with this requirement.

ii.

Experimental or proto-type equipment still in testing which does not fully comply with industry standards, may be used so long as it meets the requirements of this article.

iii.

When solar storage batteries are included as part of the solar energy collector system, they must be placed in a secure container or enclosure meeting the requirements of the Indiana building code and IDEM regulations when in use and when no longer used shall be disposed of in accordance with all applicable laws and regulations.

iv.

All C-SESs shall conform to applicable industry best practice standards, as well as all local state and federal regulations. An applicant shall submit certificate(s) of design compliance that solar manufacturers have obtained from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyed Solar Energie, or an equivalent third party.

EE.

Electrical components.

i.

Electrical components of all C-SESs shall conform to applicable local, state, and national safety codes for similar C-SESs.

ii.

Cables and lines.

a.

All cables and lines on site, except transmission cables and lines, shall be buried no less than thirty-six (36") inches underground. Transmission cables and lines shall be buried no less than sixty (60") inches underground with a warning mesh located at thirty-six inches (36") deep. No plow type installations are permitted, only open trenching or boring installations. All underground cabling will be marked at road crossings, creeks, riverbeds and property lines with a metal or fiberglass post at least 5 feet in height.

b.

For any installation method of cables and lines except as provided herein, applicant shall apply for a variance before the BZA pursuant to this zoning ordinance.

All reasonable attorney fees incurred in the preparation of any agreement or plan required hereunder shall be borne by the applicant.

Aggregated plans and agreements for all C-SESs must be approved by the plan commission and, if a rezoning to the SES overlay district is filed, the county commissioners, and shall include, singly or in combination, all the following:

A.

Plans. The following plans shall be submitted with any required approval for a C-SES under this article:

i.

Emergency response plan.

a.

The owner/operator of the SES shall conduct create and update annually, at the expense of the owner/operator, an emergency response plan that includes requirements for annual training drills with local emergency responders. Equipment needed specifically to manage emergency issues at the SES and the SES facilities shall be contributed to the appropriate emergency response agency at the owner/operator's expense as part of the plan.

ii.

Decommissioning-restoration plan.

a.

Prior to receiving a solar permit, under this article, the applicant, owner, and operator shall submit a decommissioning-restoration plan outlining the anticipated means, costs, and method of payment of all costs in carrying out such decommissioning-restoration plan and agreement at the end of the SES life or the life of any part of a SES, upon becoming an abandoned use, or being declared a public nuisance as provided by this article. Such plan shall include, but is not limited to, the requirements of this article.

b.

Discontinuation and abandonment.

i.

Owner operator shall give written notice of intent to abandon use of an SES facility 60 days prior to the discontinuation of electrical production to the county commissioners and plan commission.

c.

An SES or portion of an SES shall be considered an abandoned use after one (1) year without energy production unless a rehabilitation plan developed by the SES owner and SES operator is submitted to, and approved by, the plan commission outlining the necessary procedures and time schedule for commencing or returning the SES to energy production as provided in this article. Failure by the SES owner and/or operator to commence, energy production at such SES or return such SES to energy production within the time schedule which has been approved by the plan commission, said SES or portion of SES shall be considered an abandoned use and/or a public nuisance.

d.

Upon decommissioning and removal, the SES owner and/or the SES operator is required to remove all physical material pertaining to the SES above ground level and all improvements of said SES below ground level for all SES's declared irreparably damaged, and/or an abandoned use and/or a public nuisance. All materials shall be so removed, and the SES site restored within three hundred sixty-five (365) days of the discontinuation of energy production or in accordance with agreements. An SES which is irreparably damaged, abandoned or declared to be a public nuisance shall within said time limit (365 days) require the SES owner and/or SES operator to have completed restoration of the SES site to as near as practicable to the original condition of the SES site prior to the development of such SES. If the property has been timbered or trees removed within two (2) years prior to the initial landowner agreements, the original condition means replanted with trees of similar species as originally removed (no waiver or variance is allowed for this portion of the requirement). If any portion of the SES is found to be hazardous in nature by state or federal regulatory agency(ies) or required to be recycled the SES owner and/or SES operator is required to remove in a manner as prescribed by law.

e.

Identification and removal of hazardous materials. Throughout the removal and restoration the SES owner/operator shall identify all hazardous materials as regulated by state and federal regulatory agencies (such as the EPA and IDEM) as well as non-hazardous materials and indicate the appropriate handling, storage, and transport during disposal and/or diversion of both.

iii.

Performance guarantee.

a.

Prior to issuance of a solar permit, the applicant must provide the county with a performance guarantee in the form of a bond, irrevocable letter of credit and agreement, or other financial security acceptable to the plan commission in the amount of 125% of the estimated decommission and restoration cost minus the documented salvage value factor. Estimates shall be determined by a licensed engineer.

b.

Unless otherwise agreed to by all parties, every three (3) years a new engineer's estimate of probable cost of decommissioning and restoration, shall be submitted to the planning executive director for approval in the same manner as the initial submission, and the bond, letter of credit, or other financial security acceptable to the county shall be adjusted upward or downward as necessary. A new estimate will be submitted to the executive director prior to the sale of any portion of the SES and the performance guarantee adjusted appropriately and made part of the sales agreement.

c.

All expenses involved in such removal and restoration shall be paid by the SES owner and SES operator, or removal and restoration will be completed by Hamilton County at the SES owner's expense and SES operator's expense as specifically provided by the decommissioning-restoration plan.

d.

Written notices. Prior to implementation of any procedures or remedy for the resolution of any SES owner's and/or operator's failure to decommission the SES pursuant to the decommissioning-restoration plan and/or this article, the executive director shall first provide written notice to the owner and/or operator, setting forth the alleged default(s). Such written notice shall provide the owner and/or operator a reasonable time period not to exceed sixty (60) days, except upon such longer time that the executive director may approve, to resolve the default(s). In the event the negotiations fail to resolve the default issue(s), either party may pursue all remedies available by the terms of the ordinance and/or decommissioning-restoration plan.

iv.

Access or road plan.

a.

Identification of road and services. All roads and services, to the extent that all proposed routes that will be used for transportation of construction materials, construction of the SES, and/or maintenance of the SES shall be identified. If the route includes a public road, such route shall be approved by the Hamilton County engineer. To the extent possible state or federal highways shall be utilized for the purposes of transporting any component of an SES, substation and/or any other equipment for the construction, operation, or maintenance of an SES.

v.

Drainage plan.

a.

A drainage, as defined and required by the Hamilton County drainage board, shall be submitted to, and approved by the county surveyor and, if applicable, the Hamilton County drainage board, prior to the issuance of a solar permit. The drainage plan must prescribe or reference provisions to address field tile damages and repairs thereof for any field tile owned by Hamilton County.

vi.

Written commitments.

a.

In addition to any other commitments (as defined in Indiana Code 36-7-4-1015) that are required as a condition of approval of any permit for a C-SES, the owner of the property on which the C-SES is to be constructed shall execute and record in the office of the recorder of Hamilton County, Indiana, a set of commitments that includes all required plans, including the decommissioning-restoration plan, the emergency response plan, the drainage plan and the access or road plan.

B.

Change in ownership. It is the duty and responsibility of the SES applicant, SES owner and/or SES operator and any subsequent SES owner and SES operator to notify by written notice the county commissioners and executive director of any change in the ownership of the SES or any part of the ownership thereof to and through the time that all applicable acceptances, releases and performance standards of any description have been met and concluded and accepted by the appropriate local, state, federal or private authority, department, agency, and person(s) and all financial payments or other financial obligations are fully satisfied and all appropriate parties are in receipt thereof. In order for the owner and/or operator to inform said county commissioners and executive director of the required information regarding changes as herein provided, said notice shall be sent by certified mail with certified funds for any required recording fees and any other applicable fee(s) to the Hamilton County board of county commissioners, and executive director of the plan commission of Hamilton County, Indiana, or by personally delivering the same to said county commissioners and executive director.

C.

Additional plans and drawings.

i.

Emergency services plan.

a.

Prior to issuance of a building or solar permit, the SES owner or operator shall provide a plan including but not limited to the project summary, electrical schematic, and site plan to the appropriate local safety officials including the Hamilton County emergency management, sheriff department, the responding fire department, and building inspector. Upon request the owner or operator shall cooperate with local safety officials in developing an emergency response plan. Any specialized training necessary will be provided at the operator's expense. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

b.

All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

ii.

Operation and maintenance plan.

a.

The applicant shall submit a plan for the operation and maintenance of the SES which shall include measures for maintaining safe access to the installation, storm water, as well as general procedures for operation and maintenance of the facility.

b.

Maintenance of vegetation within the buffer strip and underneath the ground mounted solar arrays should be included in the plan and consistent with the requirements in this article.

iii.

Erosion control plan.

a.

An erosion control plan developed in accordance with the Natural Resources Conservation Services (NRCS), and any storm water quality management plan adopted by the applicable jurisdiction(s).

b.

The area beneath the ground mounted SES is considered pervious cover. However, use of impervious construction materials within the SES would cause areas to be subject to the impervious surface's limitations for the applicable zoning district. Natural (pervious) ground covers are required beneath the solar arrays.

c.

Submit erosion control plans to the county surveyor for approval.

iv.

Solar easements.

a.

If necessary, an SES owner and/or operator may obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s). Copies of such easements shall be submitted as part of the application process with proof of recording in the Hamilton County recorder's office.

v.

Amendments and changes to the preliminary site plan.

a.

Any material changes of location of the SES fenced boundary and any material change in the location of SES facilities outside of the SES fenced boundary shall be furnished to the director, county engineer, county surveyor, and any other person(s) designated and authorized by the county commissioners. It shall be the duty and responsibility of the applicant, owner and/or operator to obtain any variance required by such change and to comply with any other requirement necessitated by such change. Any variance required by this section shall be obtained prior to construction or implementation of such change.

vi.

As-built plans requirement.

a.

Where upon completion of all development, the exact measurements of the location of utilities, structures and components erected during the development are necessary for public record and shall therefore be recorded. The applicant, owner, and/or operator shall submit a copy of the final as built survey to the director with the locations of the SES facilities shown thereon. Said director, after being satisfied that the locations of the SES facilities are substantially similar to the locations on the originally approved final plan(s) or as the same were from time to time amended, shall approve, date and sign said as-built survey for the SES, which the applicant, owner, and/or operator shall then record and provide plan commission a copy of said recorded plans.

D.

Construction.

i.

Pre-construction requirements for an SES.

a.

Avoidance and mitigation of damages to public infrastructure.

b.

In addition to complying with the approved road use and maintenance agreement, an applicant, owner, and/or operator proposing to use any county road(s), for the purposes of transporting any component of an SES, substation and/or any other equipment for the construction, operation or maintenance of an SES shall comply with the following pre-construction requirements.

ii.

Pre-construction survey.

a.

The applicant, owner and/or operator shall conduct a pre-construction baseline survey in coordination with, and acceptable to, the Hamilton County engineer and such survey shall be a part of the road use and maintenance agreement to determine existing road conditions for assessing current needed improvements and potential future damage. The survey shall include, but not be limited to, photographs, and/or video, or a combination thereof, and a written agreement to document the condition of the public facility as the same exists on the date of the baseline survey.

iii.

Construction requirements.

a.

During construction, the applicant shall demonstrate and document to the satisfaction of the county engineer, highway superintendent, county surveyor, executive director, and any other person(s) designated and authorized by the county commissioners, that the following requirements are being met:

b.

Dust control. All reasonable dust control measures required by the county commissioners during construction of the SES are being followed together with any additional steps or adjustments for dust control which may from time to time be required by the county commissioners.

c.

Drainage. Reasonable storm water best management practices as required by the approved drainage plan/agreement.

d.

Noise. Near a residence or public use noise shall be kept to a minimum during the hours of 7pm to 7am.

iv.

Post-construction requirement.

a.

Road and drainage repairs. Any road or drainage damage caused by the transport of any matter or material utilized in any way regarding the SES, in the construction of the SES, the installation of the same, and/or the removal and decommissioning of the same, shall be repaired to the satisfaction of the Hamilton County engineer (as per the road use and maintenance agreement).

b.

The county engineer may choose to require either remediation of road(s) upon completion of the SES or said engineer is authorized to collect fees for oversized load permits. Further, a surety bond or letter of credit in an amount to be determined by the county engineer may be required by the county to ensure that future repairs are completed to the satisfaction of the county commissioners.

c.

The cost of such bond or letter of credit shall be paid by the SES owner and said bond shall remain in full force and affect until the decommissioning and restoration is fully completed as prescribed by this zoning ordinance and the decommissioning-restoration plan and agreement.

A.

General application requirements.

i.

Community meeting (C-SES). Prior to submission of an application for administrative solar permit, a community information meeting shall be organized and hosted by the project developer. The purpose of the meeting is outreach, with the intent of providing complete information to the community in an informal setting. The meeting shall not be construed to be a local government meeting or formal public hearing. The meeting shall be conducted in accordance with the following protocol:

a.

Notification. The applicant shall notify the board of commissioners, the executive director, the county engineer, the county surveyor, and all property owners within one half (1/2) mile of the proposed C-SES a minimum of ten (10) days prior to the community meeting.

b.

Meeting date/time/location. The meeting shall be held on a weeknight (Monday thru Thursday) at an accessible location within 10 miles of the proposed project.

c.

Content of meeting. The informational meeting shall be arranged and hosted by the applicant or a qualified representative and shall at a minimum include a detailed explanation of the project, the site plan for the proposed project, anticipated construction schedule, the landscaping and screening plan, and the decommissioning plan.

d.

Response to concerns. The project developer shall solicit and accept all comments, questions, and concerns of the citizens at the meeting, and respond to the identified concerns with reasonable, practical means and methods of mitigating undue impact to the surrounding area.

e.

Meeting summary and report. A summary and report regarding the community meeting shall be submitted to the department at the time of the application for the permit. The report shall include a list of the landowners who were invited, a record of attendees, and copies of all written comments received. The report shall itemize the concerns stated by the citizens and shall include a statement of reasonable, practical mitigation the proposer will undertake to address those concerns and minimize impact to the community. This report shall be used by the executive director to establish suitable conditions of approval on the C-SES permit application.

B.

Applications for SESs shall include.

ii.

Contact information of SES applicant.

iii.

The name(s), address(es), telephone number(s) and e-mail address(es) (if available) of the applicant(s), together with a description of the applicant's business structure and overall role in the proposed project.

iv.

Contact information of SES owner.

v.

The name(s), address(es), telephone number(s) and e-mail address(es) (if available) of the SES owner(s), together with a description of the owner's business structure and overall role in the proposed SES, and documentation of real estate ownership of any real property upon which any part of the proposed SES is to be located. The SES owner shall inform the executive director of any change of SES ownership, in whole or part, and shall furnish the required information regarding such owner.

vi.

Contact information of SES operator.

vii.

The name(s), address(es), telephone number(s) and e-mail address(es) (if available) of the operator(s), as well as a description of the operator's business structure and overall role in the proposed project. The SES operator shall inform the executive director of any change of the SES operator and furnish the required information regarding such operator.

viii.

Legal description. The legal description and the 911 emergency address of the real property upon which the SES is to be located.

ix.

SES description. The SES description and information including, but not limited to the following:

a.

Type of solar technology (e.g., solar panels, solar shingles, etc.).

b.

Solar panel mounting technique (e.g., ground-mount, roof-mount, etc.).

c.

Solar panel installation height.

d.

Name plate generating capacity.

e.

The means of interconnecting with the electrical grid.

f.

The potential equipment manufacturer(s); including information sheets and installation manuals.

g.

Accessory structures and other appurtenances.

x.

Preliminary site plan.

a.

A site plan, drawn to scale, including distances pertaining to all applicable setback and buffer requirements. All drawings shall be at a scale of one (1") inch equals thirty (30') feet. Any other scale must be approved by the executive director. No individual sheet or drawing shall exceed twenty-four (24") inches by thirty-six (36") inches without the prior consent of the executive director.

b.

The preliminary site plan shall illustrate the following:

i.

Property lines upon tract(s) subject to the application, together with property lines and with the names of owners or record of each adjacent tract(s).

ii.

Location and name/number of public roads surrounding, abutting, and/or traversing the SES and any SES ingress/egress road.

iii.

Substations: location.

iv.

Location of electrical cabling outside of fenced areas.

v.

Ancillary equipment.

c.

Proposed solar arrays, connecting lines, and all affiliated installations and structures.

d.

Proposed access points, interior drives, security features, and fencing.

e.

Surface water drainage patterns.

f.

Woodlands, grasslands, and farmland identification.

g.

Soil types.

h.

Area designated prime farmland on each participating parcel.

i.

Any structure within one quarter (1/4) mile of the proposed SES boundary.

j.

The location of any airport within one (1) mile of the proposed SES boundary.

k.

Setback lines. Distances from the SES to each setback requirement.

l.

The location of any historic or heritage sites as recognized by the Division of Historic Preservation and Archeology of the Indiana Department of Natural Resources, within one (1) mile of a proposed SES.

m.

The location of any wetlands based upon a delineation plan prepared in accordance with the applicable U.S. Army Corps of Engineers requirements and guidelines, within one (1) mile of a proposed SES.

n.

Location of any special flood hazard area as determined by the Federal Emergency Management Agency (FEMA) and by the Indiana Department of Natural Resources (IDNR), whichever is more stringent.

o.

Location and height of fencing, access roads, berms and landscaping associated with any buffer zone.

p.

All other information reasonably requested by the BZA, plan commission and the executive director.

q.

Topographic map. A United States Geological Survey (USGS) topographical map, or map with similar data, of the property and the surrounding area, with contours of not more than two (2') foot intervals.

r.

Wetland delineation. A wetland delineation and report shall be submitted on properties proposed for use as a CS-SES or a CL-SES.

xi.

Engineering certification. For all SES and SES facilities, the manufacturer's engineer or another qualified registered professional engineer shall certify, as part of the improvement location permit application, that all structural aspects of the SES design are within accepted professional standards, and the structure or substrate the solar technology will be affixed to will tolerate the installed weight of said technology (e.g., roof structure, soils, etc.).

xii.

Proof of correspondence and cooperation with wildlife agencies. For the purposes of demonstrating compliance with required permits, the applicant shall provide written documentation that the applicant is in direct correspondence, cooperation and in compliance and shall remain in compliance with all applicable regulations and requirements of the U.S. Fish and Wildlife Service and the Indiana Department of Natural Resources.

xiii.

Aggregated SES application. Aggregated SESs may jointly submit a single application and be reviewed under joint proceedings, including notices, hearing, and reviews, and as appropriate, approvals.

xiv.

Fees. As prescribed by the county's schedule of fees.

C.

Primary development plan. Following the creation of a commercial SES overlay district, a development plan together with a petition for development plan review must be submitted to the Hamilton County plan commission for approval pursuant to the 1400 SERIES of the Indiana Code.

The petition for primary development plan approval shall include:

i.

A final site plan at an appropriate scale showing (standard sheet of 36 inches by 24 inches and individual tower sites not greater than one-inch equals 20 feet).

a.

The proposed location of all SES facilities (including locations of each SES panel and anchor bases (if any), including battery back-up equipment.

b.

If a battery back-up is included, the design of the battery back-up, its manufacturer, and provisions within the applicable plans for the decommissioning and emergency response issues associated with the battery back-up.

c.

SES access roads; substations, maintenance structures; storage yards.

d.

Temporary and permanent meteorological towers; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the SES.

e.

Each tower and/or structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show primary structures within one- quarter mile of any commercial SES zone district; property lines, including.

i.

Identification of adjoining properties.

ii.

Setback lines.

iii.

Public roads.

iv.

County regulated drains.

v.

Open ditches.

vi.

all water bodies and streams.

vii.

Location of all above-ground utility lines within a distance of two (2) times the SES panel height of a SES panel.

viii.

Location of all existing underground utility lines associated with the SES site.

ix.

Solar easements.

x.

Recognized historic or heritage sites as noted by the Indiana Department of Natural Resources.

xi.

Floodplains.

xii.

And any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines.

f.

This site plan must also be distributed to the county surveyor, county highway department, county Health Department, emergency management agency, any fire departments serving any part of the site and the county sheriff's department.

ii.

Transportation plan showing delivery route of all equipment as recommended by the Hamilton County Highway Department and approved by the Hamilton County commissioners.

iii.

Drainage plan approved by the Hamilton County surveyor and drainage board. The transportation plan and the drainage plan shall establish that all newly constructed SES access roads shall not impede the flow of water and will comply with the county drainage ordinance and highway department requirements.

iv.

Decommissioning plan.

v.

An emergency services plan.

vi.

An operation and maintenance plan.

vii.

Erosion control plan.

viii.

A security and safety plan which must include adequate provisions for site security and safety. If the plan includes using county services, then it should include signatures indicating those parties are aware of their role and are capable of performing it.

ix.

Adequate assurance of the completion and continued operation of the SES project from the date of the commencement of construction through the life of operation of the SES. The owner/applicant/operator shall demonstrate such adequate assurance of completion and continued operation of the SES project by providing evidence of:

a.

Adequate funding of one hundred percent (100%) of the estimated cost of construction of the SES; and

b.

Performance bonds or other sureties from the owner/applicant/operator and/or major equipment suppliers and contractors.

D.

Applicable state and federal permits, approvals and licenses. After development plan approval is obtained, but before any construction commences or improvement location permits issued, all applicable state and federal permits, approvals and licenses must be obtained, and all state and federal statutes and regulations must be complied with, and the following requirements satisfied:

i.

The applicant/owner/operator of the SES shall maintain liability policies covering (1) bodily injury and property damage and (2) environmental contamination arising from construction, operation, maintenance, and decommissioning of the SES, with nationally recognized, well-capitalized insurance companies initially approved by the plan commission and annually thereafter by the director of the plan commission and name Hamilton County as an additional insured. Limits on the bodily injury and property damage policy shall be of at least $2 million per occurrence and $5 million in the aggregate with a deductible of no more than $20,000.00 and on the environmental contamination policy shall be of at least $1 million per occurrence and $2 million in the aggregate with a deductible of no more than $50,000.00.

ii.

The applicant/owner/operator shall establish a 24-hour toll-free phone number for the registering of complaints and concerns. This number shall be posted at every road intersection throughout the project area before improvement location permits are issued and before any construction or earth moving can commence. If legitimate complaints are not remedied within 48 hours, the county may address these complaints with any expenses incurred to be reimbursed by the SES applicant.

Required toll-free number - sign example:

iii.

The applicant/owner/operator must attend a pre-construction meeting between the Hamilton County plan commission director, the Hamilton County plan commission president, the Hamilton County building inspector, the Hamilton County highway engineer, the Hamilton County surveyor, and any other public officer or official whose input is deemed appropriate, and the SES applicant/owner/operator will verify that all requirements in the Hamilton County zoning ordinance have been met. Once reviewed, if all requirements have been met, the SES applicant/owner/operator may then obtain improvement location permits/building permits. If any requirements have not been met, then further pre-construction meetings will be held until it can be verified that the identified issues have been resolved.

E.

Plan review. The rezoning application, the development plan (including but not limited to decommission plan and each update thereof and the assurance of completion and continued operations) and the improvement location permit/building permit applications shall be reviewed by plan commission staff; counsel; an independent professional engineer, if needed; and any other professionals deemed necessary as selected or approved by the plan commission. Within 30 days of submission, the owner/applicant/operator shall reimburse the plan commission for all costs and expenses associated with the initial or any subsequent review of the development plan including but not limited to the employment of a professional engineer, financial consultant, or other professional advisors consulted by the plan commission. A professional engineer shall certify, as part of the improvement location permit application/building permit that the foundation and panel design of the SES is within accepted professional standards, given local soil roadway and climate conditions.

i.

Prior to the issuance of an improvement location permit (solar permit), and in addition to all other application requirements and any other requirements for the applicant, owner and/or operator to be in compliance with the ordinance, the following shall be submitted to the executive director:

a.

Form, content and title of agreements.

b.

The plans and agreements. Any agreement title or document name/designation made by the parties shall be sufficient provided such plans and agreements follow the requirements of the ordinance and all other requirements of applicable federal, state, and local laws, rules, regulations, and ordinances.

ii.

Waivers. All waiver agreements shall be in writing and follow the requirements specified in this article (definitions). Copies of all waivers are required as part of the SES application.