No solar energy system (SES) with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which converts solar energy into electrical energy, shall hereafter be established, altered, or enlarged without a conditional use permit issued in accordance with the procedures and standards established in Article
VI of this chapter.
A. In addition to the standard conditional use permit conditions set forth in §
330-48D, the following standard conditions shall apply to an SES conditional use permit unless less restrictive requirements are specifically granted by the Plan Commission in the conditional use permit:
(1)
Setbacks. Any portion of the SES shall not encroach within 20
feet of any property line, nonnavigable waterway ordinary high-water
mark, or road right-of-way. The project design shall be such that
aboveground project components (excluding fences and access roads)
shall not be closer than 200 feet to any nonparticipating landowner
residential structure.
(2)
Height restrictions. Ground-mounted components of the SES shall
not exceed 15 feet in height as measured at the apex when any tracker
is at its maximum tilt in early morning or late evening.
(3)
Glare. The SES shall be positioned so that glare does not create
unsafe conditions or nuisances for neighboring property owners.
(4)
Sound. The SES project's inverters, substations, motors and
other noise-emitting equipment collectively shall not exceed the Public
Service Commission-mandated maximum nighttime sound level that is
applicable to a 100 MW system or larger at the walls of the noise-sensitive
receptor, which shall include as a minimum the residence on any nonparticipating
property. To ensure noise level estimates associated with facility
design are conservative, a 5 dBA tonal penalty shall be included in
the preconstruction or any post-construction sound analysis.
(5)
Construction hours. Hours of construction will be between 7:00
a.m. and 7:00 p.m., Monday through Saturday, and between 10:00 a.m.
and 7 p.m. on Sunday.
(6)
Installer. All SES shall be installed by a North American Board
of Certified Energy Practitioners (NABCEP) certified solar installer
or other person or entity qualified to perform such work.
(7)
Foundation. A qualified engineer shall certify that the foundation
and design of the solar panels racking and support is within accepted
professional standards, given local soil and climate conditions.
(8)
Screening. An SES shall be appropriately buffered and screened
from public view.
(9)
Town roads. The construction, operation, and decommissioning
of an SES shall not adversely impact Town roads.
(10)
Code compliance. An SES shall comply with all applicable local,
state and federal regulatory codes, including the State of Wisconsin
electrical codes and the National Electrical Code.
(11)
Power and communication lines. Power and communication lines
running between banks of ground-mounted solar panels, to nearby electrical
substations, or interconnections with or between structures, shall
be buried underground.
(12)
Orderly development. Upon issuance of a conditional use permit,
the permit holder shall notify the Wisconsin Public Service Commission.
(13)
Decommissioning. When decommissioning of an SES is required,
all equipment shall be totally removed and properly recycled or disposed
for all components that are above ground and below the ground surface.
A bond, letter of credit, or an escrow account is required for all
SES with a name plate rating of 1 MW or greater to ensure proper decommissioning.
B. In addition to the application submittal requirements of §
330-49, the application for an SES conditional use permit shall include the following:
(1)
Solar system specifications, including the manufacturer and
model, generating capacity, total height, collector square footage,
wiring plan, means of interconnecting with the electrical grid, and
any agreements with public utilities with regard to connecting to
their systems.
(2)
Site layout, including the location of property lines, structures,
SES and the total extent of system movements, and interconnection
points with the electrical grid.
(3)
Installers' qualifications and signatures certifying that the
SES will be installed in compliance with all Town ordinances and all
other applicable codes.
(4)
Surrounding property uses.
(5)
Percentage of land coverage by the SES when panels are in the
position that has the greatest horizontal area.
(6)
A decommissioning plan, which shall outline the anticipated
means and cost of removing the SES at the end of its useful life.
Decommissioning of an SES must occur in the event the SES is not in
use for 12 consecutive months. Decommissioning shall consist of removal
of the SES structures and subsurface foundations and equipment, disposal
of all solid and hazardous waste in accordance with all applicable
waste disposal regulations, and stabilization of soils and/or revegetation
of the site as necessary to minimize erosion. The decommissioning
methods shall be established and costs estimates shall be made by
a competent party, such as a professional engineer experienced in
such matters, a contractor capable of decommissioning, or a party
found by the Town of Holland to have suitable expertise or experience
with decommissioning. The plan shall also identify the financial resources
that will be available to pay for the decommissioning and removal
of the SES. The Town Plan Commission shall review the decommissioning
plan and request changes that may be needed to comply with the conditional
use permit or to protect the safety and welfare of the community and
Town properties. The plan shall provide that decommissioning will
begin within 180 days from the end of the SES useful life or in the
event the SES is not in use for 12 consecutive months. Decommissioning
shall be completed within nine months from the start of decommissioning
actions.