§ 153.115. LARGE SOLAR ENERGY SYSTEM (SOLAR FARM).

(A) Purpose and intent. The purpose and intent of this section is to establish standards for siting, installation, operation, repair, decommissioning and removal of large solar energy within the Light Industrial (LI) and Agricultural/Rural Estate District (A-1).

(B) Site plan drawing and supporting materials. All applications for a large solar energy systems use must be accompanied by detail site plans, drawn to scale and dimensioned and certified by a professional engineer licensed in the State of Michigan, displaying the following information:

(1) All lot lines and dimensions, including a legal description of each lot or parcel comprising the large solar energy system;

(2) Names of owners of each lot or parcel within the Village of Pewamo that is proposed to be within the large solar energy system;

(3) Vicinity map showing the location of all surrounding land uses;

(4) Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures and utilities associated with a large solar energy system;

(5) Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property;

(6) Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the large solar energy system and within 100 feet of all exterior property lines of the large solar energy system;

(7) Proposed setbacks from the solar array(s) to all existing and proposed structures with the large solar energy system;

(8) Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the large solar energy systems at a minimum of 10 feet contours;

(9) Access driveways within and to large solar energy system, together with a detailed narrative regarding dimensions, composition and maintenance of each driveway. All access drives shall be subject to approval by Village of Pewamo and Ionia County Road Commission;

(10) Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the large solar energy system;

(11) A written description of the maintenance program to be used for the solar array and other components of the large solar energy system, including decommissioning and removal. The description shall include maintenance to be performed, and decommissioning and removal procedures and schedules if the large solar energy system is decommissioned;

(12) Planned lightening protection measures; and

(13) Additional detail(s) and information as required by the special land use requirements of the Village of Pewamo Zoning Ordinance.

(C) Application escrow account. An escrow account shall be deposited with the village by the applicant when the applicant applies for a special land use permit for a large solar energy system. The monetary amount deposited by the applicant in escrow with the village shall be the amount estimated by the village to cover all reasonable costs and expenses associated with the special land use permit review and approval process, which cost shall include, but not be limited to, reasonable fees of the Village Attorney, Lyons Township Supervisor, Ionia County Road Commission, and Ionia County Building Department, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. The applicant shall have 30 days to refuse or approve of the amount estimated by the village. Such escrow amount shall be in addition to any filing or application fees established by resolution.

(D) Compliance with the County Building Code and the National Electric Safety Code. Construction of a large solar energy system shall comply with the National Electric Safety Code and Ionia County Building Codes (as shown by approval by the county) as a condition of any special land use permit under this section. In the event of a conflict between the County Building Code and National Electric Safety Code (NESC), the NESC shall prevail.

(E) Certified solar array components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electronic Testing Laboratories (EIL), or other similar certification organization if the similar certification organization is approved by the village, which approval shall not be unreasonably withheld.

(F) Height. Maximum height of a solar array, other collection device, components or buildings of the large solar energy system, excluding substation and electrical transmission equipment, shall not exceed 15 feet (as measured from the natural grade at the base of improvements) at any time or location on the property. Substation and electrical transmission equipment shall not exceed 100 feet.

(G) Lot size. A large solar energy system shall be located on one or more parcels with an aggregate area of ten acres or greater.

(H) Setbacks. A minimum setback distance in (L-1) Light Industrial District of 100 feet from all exterior property lines of the large solar energy system and existing public roads and bike/walking trails shall be required for all buildings and solar arrays. Also, a setback of 500 feet shall be required from back property line of residential structures. A minimum setback distance in (A-1) Agricultural/Rural Estate District of 200 feet from exterior property lines of the large solar energy system and existing public roads and bike/walking trails shall be required for all buildings and solar arrays, also a setback of 500 feet shall be required from back property line of residential structures.

(I) Lot coverage. A large solar energy system is exempt from maximum lot coverage limitations.

(J) Screening/security. A large solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access. Such fencing shall be six feet in height with a one foot extension arm consisting of a minimum of three strands of barbed-wire placed above the fencing and

slanting outward as measured from the natural grade of the fencing perimeter. Electric fencing is not permitted. The perimeter of large solar energy systems shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large solar energy system from adjacent residential structures, subject to the following requirements:

(1) The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreens shall be spaced no more that 15 feet apart on center from central trunk of plant to the central trunk of the next plant. Shrubs shall be spaced to more than seven feet apart on center. All unhealthy (60% dead or greater) and dead material shall be replaced by the applicant within one year or the next appropriate planting period, whichever comes first.

(2) Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of the subchapter and any special use permit may be subject to revocation.

(K) Signage. No advertising or non-project related graphics shall be on any part of the solar arrays or other components of the large solar energy systems. This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.

(L) Noise. No component of any large solar energy system shall emit noise exceeding 65 dB(A) as measured at the exterior property boundary or the existing ROW line.

(M) Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility or adjacent public roads.

(N) Distribution, transmission and interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the large solar energy system, except in areas where technical or physical constraints make it preferable to install equipment above ground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.

(O) Abandonment and decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the Village of Pewamo for review and approval prior to issuance of the special land user permit. Under this plan, all structures, concrete, piping, facilities, and other project related materials above grade and any structures up to three feet below-grade shall be removed offsite for disposal. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within 365 days of abandonment or decommissioning. Failure to remove an abandoned large solar energy system and all its components within the period set forth herein shall be grounds for the Village of Pewamo to remove the large solar energy system and all its components at the owner's or property owner's expense. With the exception of time period specified in this section, the process for abatement and removal of an abandoned large solar energy system and all its components shall conform to the process, including recovery of the village's costs and penalties, set forth in Chapter 154, Blight. The Village of Pewamo may pursue all available legal remedies at law and equity to remove an abandoned large solar energy system and all its components which fails to comply with this code. Any delay by the Village of Pewamo in taking enforcement action against the owner or successor entity of an abandoned large solar energy system and all its components, or the owner of the property if such owner is different from the owner of such facility, shall not waive the village's right to take any legal action as provided by law.

(P) Approval time limit and extensions. Special use and site plan approvals or permits under this section shall be valid for one year but, if requested by the applicant prior to the expiration date, shall automatically be extended for an additional one-year period.

(Q) Inspection. The village shall have the right, at any reasonable time, to provide same-day notice to the applicant to inspect the premises on which any large solar energy system is located. The village may hire one or more consultants, with approval from the applicants, to assist with inspections at the applicant’s or project owner's expense. Inspections must be coordinated with, and escorted by, the applicant’s operations staff at the large solar energy facility to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC and all other applicable safety guidelines.

(R) Training emergency response. Applicant will provide firefighter safety awareness training for large solar energy systems for the local fire department and assist in developing an emergency action plan suited to all incidents. Also, the applicant shall provide a walk through of the large solar energy system between the applicant and the local fire department that includes, but is not limited to, the location of emergency shut off switches, lock out locations, and the like. The cost for each is to be covered at the applicant’s or owner’s expense.

(S) Maintenance and repair. Each large solar energy system must be kept and maintained in good repair and condition at all times. The applicant shall keep maintenance logs on the solar array(s), which shall be available for the village review within 48 hours of such request. The applicant shall keep all sites within the large solar energy system neat, clean and free of refuse, waste or unsightly, hazardous or unsanitary conditions.

(T) Roads. Any material damages to a public road located within the village resulting from the construction, maintenance or operation of a large solar energy system shall be repaired at the applicant's expense. In addition, the applicant shall submit to the appropriate county agency a description of routes to be used by construction and delivery vehicles and any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries. The applicant shall abide by all county requirements regarding the use and/or repair of county roads.

(U) Continuing obligations. Failure to keep any required financial security in full force and effect at all times while a large solar energy system exists or is in place shall constitute a material and significant violation of the special land use permit and this section, and will subject the large solar energy system applicant, owner and operator to all remedies available to the village, including any enforcement action, civil action, request for injunctive relief, and revocation of the special land use permit.

(V) Other requirements. Each large solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable village codes.

(Ord. 2019-02, passed 6-10-2019)