This chapter shall be known as the "Commercial Solar Energy
Systems Ordinance."
The City of Saco finds that it is in the best interest for the life, health, and safety of residents to adopt regulations governing the installation, operation, and maintenance of commercial solar energy systems. This chapter is intended to act in conjunction with certain zoning, site plan, and performance standards found in Chapters
179 and
230 relative to commercial solar energy systems, and thereby help assure critical life safety standards are met. This chapter is enacted pursuant to the City's Municipal Home Rule authority found in the Maine Constitution, as well as authority granted the City by Title 30-A M.R.S.A. § 3001, as may be amended.
This chapter applies to all structures and/or equipment meeting the definition of "commercial solar energy system" as found in the definitions section of Chapter
230, Zoning. Where provisions of this chapter conflict with Chapter
230 provisions, the stricter standard shall apply. These standards also apply regardless of where the commercial solar energy system is installed and operating.
The definition of "commercial solar energy system" found in Chapter
230 is herein incorporated by reference.
All access roads within commercial solar energy systems sites
shall remain private. The owner of the commercial solar energy system
shall maintain all structures and improvements on site, including
but not limited to any and all access roads, drainage facilities and
utility infrastructure. No part of these facilities shall be the burden
or responsibility of the City of Saco.
The City of Saco has determined that existing tree cover is
critical to environmental health, quality of life, and environmental
safety here in the City of Saco, and helps mitigate against and curtail
impacts of a quickly shifting climate as well as extreme temperature
variability. For these reasons, commercial solar energy systems shall
be required to provide the following documentation and/or representations
during review by the City of Saco and its officials:
A. Existing and future conditions.
(1) Existing vegetation survey requirement. Existing conditions plan
that clearly documents existing conditions, including trees of 20
inches or more in diameter, rare botanical features, and other low
ground vegetation to ensure that the existing conditions are well-documented.
The purpose of this documentation is to ensure that the site can be
brought back to existing conditions after the system is decommissioned.
(2) Future conditions conceptual plan requirement. The owner/operator
of the system shall provide a plan that provides similar ecological
value to existing conditions. Additionally, the owner/operator shall
provide future conditions conceptual plan providing a future plan
to vegetate and stabilize the property, ensuring erosion sediment
control standards are met.
(3) These plans shall be submitted as part of planning and permitting review with the City of Saco, and shall be reviewed by a professional consultant hired on behalf of the City of Saco and paid for by the owner or applicant of the system per Chapter
83 provisions.
(4) Additionally, the owner/operator shall establish a project deposit account or other type of financial guarantee that shall be held by the City that will assure costs to vegetate future conditions after the operations have been decommissioned, further detailed below in §
180-12, Decommissioning; supplemental standards to zoning performance standards.
B. Wildlife considerations.
(1) Wildlife crossings. Sites shall be designed to facilitate wildlife crossings by raising fence heights and ensuring that deer wintering areas are not disturbed, to the maximum extent practicable, with national and state allowable electrical codes. When verifying the maximum extent practicable, the planning and permitting review shall consider review and comments by a consultant hired on behalf of the City of Saco and paid for by the applicant or owner of the system per Chapter
83.
It is understood that solar remains an emerging technology that
offers greater sustainability options as many areas throughout New
England and the nation work to move away from fossil fuels. However,
it is critical that possible impacts of these emerging technologies
be appropriately and carefully considered to ensure any impacts of
such use are appropriately mitigated. As such, the City Council may
choose to update this chapter to reflect additional life safety requirements
and considerations as they emerge. The owner/operator will coordinate
necessary permitting and approvals with the City when needed to implement
new technologies, methods or processes when and where financially
and technically feasible.
Notwithstanding the provisions of 1 M.R.S.A. § 302,
this chapter shall apply to all applications for permits or approvals
or other proceedings pending before a City of Saco board, commission,
body, officer, or other regulatory official of the City on or after
April 24, 2023, the retroactive date of applicability of this chapter.