[1-7-2020]
The City of Belfast has established that the use of more solar energy and less reliance of fossil fuels is a current and long-term City goal. The Article VIII, Supplementary District Regulations, Division 9, solar energy system, provisions are intended to assist the City in addressing this goal in the following ways:
(a) 
To foster the use of solar energy equipment in the City for the purpose of providing a source of renewable electricity and energy for heating and/or cooling;
(b) 
To establish clear guidelines and standards for the regulation of solar energy systems in the City;
(c) 
To provide for the effective removal of solar panels and associated utility structures that have been abandoned or are no longer in use for energy generation and transmission purposes; and
(d) 
To enable the City to fairly and responsibly protect the public health, safety and welfare that could be adversely affected by the installation and operation of a solar energy system.
[1-7-2020]
The following definitions shall apply to specific terms in this Division:
ELECTRICAL EQUIPMENT
Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers the energy from the solar energy system to the intended location.
ELECTRICITY GENERATION (PRODUCTION OUTPUT)
The amount of electric energy produced by transforming other forms of energy, commonly expressed in kilowatt-hours (kWh) or megawatt hours (MWh).
MOUNTING
The manner in which a solar PV system is affixed to the roof or ground (i.e., roof mount, ground mount, pole mount).
PHOTOVOLTAIC (PV) SYSTEM
A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, which generate electricity when exposed to sunlight. A PV system may be roof-mounted, ground-mounted, or pole-mounted.
POLE-MOUNT SYSTEM
A solar energy system that is directly installed on specialized solar racking systems, which are attached to pole, which is anchored and firmly affixed to a foundation in the ground, and wired underground to an attachment point at the building's meter. Pole-mounted systems can be designed to track the sun (with single-axis or dual-axis tracking motors) and to help maximize solar output throughout the year.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).
SOLAR ACCESS
The access of a solar energy system to direct sunlight.
SOLAR ARRAY
Multiple solar panels combined together to create one system.
SOLAR CELL
The smallest basic solar electric device that generates electricity when exposed to light; also reference "solar energy system."
SOLAR COLLECTOR
A solar PV cell, panel, or array, or solar thermal collector device, that relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY SYSTEM
A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
A solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-, or large-scale).
SOLAR ENERGY SYSTEM, LARGE-SCALE
A solar energy system whose physical size based on total airspace projected over the ground is equal to or greater than four acres (174,240 square feet).
SOLAR ENERGY SYSTEM, MEDIUM-SCALE
A solar energy system whose physical size based on total airspace projected over the ground is equal to or greater than 20,000 square feet but less than four acres (174,240 square feet). (Reference exception to this definition identified in Section 102-461 for zoning districts located in the Inside the Bypass area).
SOLAR ENERGY SYSTEM, OFF-GRID
A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
A solar energy system that is mounted on the roof of a building or structure; may be of any size, small-, medium-, or large-scale.
SOLAR ENERGY SYSTEM, SMALL-SCALE
A solar energy system whose physical size based on total airspace projected over the ground is less than 20,000 square feet. A small-scale system typically is an accessory use to a principal use on the property.
SOLAR GLARE
The potential for solar panels to reflect average sunlight, with an intensity sufficient to cause annoyance, discomfort, loss in visual performance or visibility, or a public safety hazard, such as but not limited to airport operations.
SOLAR PANEL (OR MODULE)
A device used for the direct or conversion of sunlight into useable solar energy, including electricity or heat.
SOLAR RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for the collection of solar energy.
TILT
The angle of the solar panels and/or solar collectors relative to horizontal.
[1-7-2020]
This division shall apply to all solar energy systems installed or engineered after January 1, 2020, regardless of the size of the solar energy system, and shall apply to a solar energy system, including a system installed prior to January 1, 2020, that is modified to materially alter the size or placement of the solar collectors or the originally permitted output of the solar energy system.
[1-7-2020]
(a) 
No solar energy system or device shall be installed or operated in the City except in compliance with this division, and if applicable, requirements of Chapter 82, Shoreland Zoning. The installation or modification of a solar energy system shall require a City permit in accordance with the following procedures:
(1) 
A permit for a small-scale or medium-scale roof-mounted or ground-mounted solar energy system or a large-scale roof-mounted solar energy system shall comply with all applicable standards in this division and shall require a building permit and electrical permit from the City Code Enforcement Officer.
(2) 
A permit for a large-scale ground-mounted solar energy system shall comply with all applicable standards in this division and shall require a site plan permit (reference Chapter 90) from the City Planning Board and a building permit from the Code Enforcement Officer. The Planning Board shall conduct its review of a site plan permit application, both the preliminary plan requirements identified in Chapter 90, Article III, preliminary plan, and Article IV, final plan, as a singular review, meaning that the Board shall concurrently consider the preliminary plan and final plan requirements.
[1-7-2020]
(a) 
Information to be provided for all applications for a solar energy system. An applicant for a solar energy system permit, at the time of application, shall, at a minimum, provide the following information to Code Enforcement Officer: name of property on which the system will be installed; the type of system that will be installed (roof- or ground-mounted); the size of system to be installed, including both the number of panels and if ground-mounted, the amount of square footage on the ground of the system; the approximate nameplate capacity of the system; the name of the installer; and the name of the owner of the system; does the property owner own the system or is it leased.
(b) 
Notification requirements for permits. The City of Belfast, on behalf of all applicants for a solar energy system permit, shall provide the following notifications to persons located within 150 feet of the property on which the system is proposed to be installed:
(1) 
Small-scale roof-mounted small energy system. No notification to abutters.
(2) 
Small- or medium scale ground-mounted solar energy system or a medium-scale or large-scale roof-mounted solar energy system. Code Enforcement Officer shall provide a letter to abutting property owners a minimum of 15 days prior to issuance of a permit.
(3) 
Large-scale ground-mounted solar energy system. Notification pursuant to requirements identified in Chapter 90, site plans.
[1-7-2020]
An application for a large-scale ground-mounted solar energy system shall address applicable submission requirements identified in City Code of Ordinances, Chapter 90, site plans, Article III, preliminary plan, Section 90-73, Required information and format, and Article IV, final plan, Section 90-103, Required information and format, and shall address the following specific additional requirements identified below. The City also recognizes that certain information requirements identified in Sections 90-73 and 90-103 are not relevant to an application for a large-scale solar energy system, thus, the Planning Board shall have broad latitude in determining the information requirements that do and do not apply.
(a) 
A description of the owner of the system, the operator if different, and detail of qualifications and technical ability of the owner or operator to construct, maintain and operate the facility.
(b) 
If the operator is leasing the site, a copy of the lease agreement (minus financial compensation) and any and all related easements clearly outlining the relationship of the respective parties, inclusive of the rights and responsibilities of the operator, landowner and any other responsible party with regard to the large-scale solar energy system and the term or duration of the agreement. Further, the operator shall identify any and all agreements or obligations of the landowner to the operator regarding any premises that are not specifically subject to the lease agreement, but which the operator has certain rights to use as part of the operation of the solar energy system.
(c) 
A description of the amount of energy to be produced and a general description of to whom the energy is intended to be sold.
(d) 
A copy of the agreement and schematic details of the connection arrangement with the transmission system that clearly indicates who is responsible for various requirements and how such will be operated and maintained.
(e) 
A basic description of the number and configuration of panels to be installed, including make and model, and associated major system components.
(f) 
A construction plan and timeline that identifies known contractors, site control, when project construction will commence and the anticipated date that the system will be on-line.
(g) 
An operations and maintenance plan for the projected operating life of the system.
(h) 
An emergency management plan that identifies potential hazards and the response to such hazards.
(i) 
Evidence of financial capacity to construct and operate the proposed facility.
(j) 
Identification of methods that the operator shall use to manage on-site vegetation.
(k) 
Identification of how the applicant shall address buffering requirements identified in this division.
(l) 
Submission of a decommissioning plan that addresses the requirements of this division.
(m) 
Evidence that the owner or operator, prior to issuance of a site plan permit by the Planning Board, has applied for any and all non-City permits that may be required for the installation of the proposed system; for example, a stormwater management permit from the State Department of Environmental Protection.
[1-7-2020]
(a) 
The zoning districts in which a small-, medium-, or large-scale roof-mounted or ground-mounted solar energy systems are a permitted use are identified in Article V, District Regulations, of this chapter. A solar energy system must comply with the standards in this division to obtain a permit as a permitted use. In general, City policy is to encourage the establishment of solar energy systems in Belfast, subject to some specific limitations on medium- and large-scale ground-mounted systems in certain zoning districts located in the Inside the Bypass area; reference Article V, District Regulations, Division 9.
(b) 
The Shoreland zoning districts in which small, medium or large-scale roof-mounted or ground-mounted solar energy systems are a permitted use are identified in Chapter 82, Shoreland Zoning, Article IV, Shoreland Districts and Table of Uses, Section 82-137, Table of Land Uses for Shoreland Districts. In general, solar energy systems are a permitted use in most City shoreland districts. The Resource Protection and Stream Protection districts, however, typically prohibit a solar energy system installation, subject to identified exceptions for some residential uses.
(c) 
(Reserved)
(d) 
In the Flood Zone, a ground-mounted solar energy system, regardless of its size, shall be a prohibited use in any area that is designated as being in the V, VE, AE or AO flood zones, reference Chapter 78, Floods, Official Flood Maps for the City of Belfast for the location of said flood zone areas; however, a roof-mounted solar energy system shall be a permitted use in said flood zones. A roof-mounted solar energy system, regardless of its size, or a small-scale ground-mounted solar energy system, shall be a permitted use in any designated A zone, reference Chapter 78, Floods, Official Flood Maps for the City of Belfast for the location of said areas; however, a medium-scale or large-scale ground-mounted solar energy system shall be a prohibited use in any designated A zone.
[1-7-2020]
(a) 
Height.
(1) 
Roof-mounted solar energy systems. Roof-mounted solar energy systems are exempt from the building height requirement in all zoning districts and in all Shoreland zoning districts.
(2) 
Ground-mounted solar energy systems. A ground-mounted solar energy system that is set back less than 50 feet from any property line shall not exceed 16 feet in height when oriented at maximum tilt. A ground-mounted system that is set back 50 feet or more from any property line may be a maximum of 30 feet in height when oriented at maximum tilt.
(3) 
Pole-mounted solar energy system. A pole-mounted solar energy system that is located less than 50 feet from any property line may be a maximum of 16 feet in height. A pole-mounted solar energy system that is located 50 feet or more from a property line may be a maximum of 30 feet in height.
(b) 
Setbacks for ground-mounted solar energy systems. Setback standards for ground-mounted solar energy systems shall be as follows:
(1) 
Minimum front yard setback: The minimum front yard setback for a ground-mounted solar energy system shall be as follows:
a. 
Small-scale ground-mounted solar energy systems. In all Inside the Bypass zoning districts, reference Article V, Division 9, of this chapter, the solar energy system shall not be located directly in front of the principal structure or in the front yard area which is the area between the principal structure and the adjacent street. In all other zoning districts, the minimum front yard setback shall be 30 feet.
b. 
Medium-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 50 feet from any adjacent street.
c. 
Large-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 50 feet from any adjacent street.
(2) 
Minimum side yard setback. The minimum side yard setback requirement for any ground-mounted solar energy system shall be as follows:
a. 
Small-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 15 feet from any side lot line, provided the solar energy system, at full tilt, does not exceed a maximum height of 16 feet. Any solar energy system that is greater than 16 feet in height shall be set back a minimum of 50 feet.
b. 
Medium-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 30 feet from any side lot line, provided the solar system, at full tilt, does not exceed a maximum height of 16 feet. Any solar energy system that is greater than 16 feet in height shall be set back a minimum of 50 feet.
c. 
Large-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 50 feet from any side lot line.
(3) 
Minimum rear yard setback. The minimum rear yard setback requirement for any ground-mounted solar energy system shall be as follows:
a. 
Small-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 15 feet from any rear lot line, unless the height of the solar energy system exceeds 16 feet, in which case the solar energy system shall be set back a minimum of 50 feet.
b. 
Medium-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 30 feet from any rear lot line, unless the height of the solar energy system exceeds 16 feet, in which case the solar energy system shall be set back a minimum of 50 feet.
c. 
Large-scale ground-mounted solar energy system. The solar energy system shall be set back a minimum of 50 feet from any rear lot line.
(4) 
Minimum setback requirements for ground-mounted solar energy systems located in a Shoreland zoning district. A ground-mounted solar energy system that is a permitted use in a designated Shoreland zoning district shall comply with the minimum structure setback requirement identified for the respective Shoreland zoning district; reference Chapter 82, Shoreland Zoning, Article V, Land Use Standards, Division 3, Structures, subject to certain exceptions identified in Article V, Division 19, in that chapter.
(c) 
Lot coverage. A solar energy system (in combination with other uses on a property), regardless of its size, shall comply with lot coverage standards that apply to a respective zoning or Shoreland zoning district. Only the paved, mounting block or otherwise impervious areas of sites on which a ground-mounted solar energy system is installed shall be counted in the lot coverage calculation.
(d) 
Vegetation management. The owner or operator of a medium-scale or large-scale ground-mounted solar energy system shall prepare a vegetation management plan associated with the operation of the system. A large-scale ground-mounted solar energy system, by its nature, may occupy a large land area. An application for a large-scale ground-mounted system shall identify measures it will use to effectively manage vegetation. Methods include but are not limited to vegetating the solar array area in a pollinator-friendly manner or allowing the area for the grazing of farm animals.
[1-7-2020]
(a) 
A roof-mounted or building-mounted solar energy system and equipment shall be permitted only if the Code Enforcement Officer determines that the system and its installation shall not present any unreasonable safety risks, including, but not limited to, the following:
(1) 
Weight load;
(2) 
Wind resistance;
(3) 
Ingress or egress in the event of fire or other emergency; and
(4) 
Proximity of a ground-mounted system relative to buildings.
The Code Enforcement Officer may obtain and consider the professional opinion of other parties in rendering a decision.
(b) 
All solar energy system installations shall be installed in compliance with the photovoltaic systems standards of the latest edition of National Fire Protection Association (NFPA) 1, Fire Prevention Code.
(c) 
All wiring shall be installed in compliance with the photovoltaic systems standards identified in the latest edition of the National Electrical Code (NFPA 70).
(d) 
Prior to operation, electrical connections must be inspected and approved by the City Code Enforcement Officer or Electrical Inspector.
(e) 
Any connection to the public utility grid must be inspected and approved by the appropriate public utility.
(f) 
Each solar energy installation shall be regularly maintained as necessary to ensure that it is operating safely and as designed over its useful life.
[1-7-2020]
In addition to the standards identified in Section 102-1098, all medium-scale and large-scale ground-mounted solar energy systems shall comply with the following standards:
(a) 
Utility connections. An applicant shall make reasonable efforts, as determined by the respective City reviewing authority, to locate all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections can be located above ground.
(b) 
Safety. The solar energy system owner shall provide a copy of the site plan application submitted to the Code Enforcement Officer or Planning Board for the review and comment of the Belfast Fire Chief. The Code Enforcement Officer or Planning Board shall consider comments of the Fire Chief and State Fire Marshal, if applicable, regarding the fire safety of the proposal in their review of a permit application.
[1-7-2020; amended 2-7-2023(8)]
In addition to the standards identified in Sections 102-1097 and 102-1099, all large-scale solar energy systems shall comply with the following standards:
*[a] 
Visual impact and buffering. An applicant shall make reasonable efforts, as determined by the Planning Board, to minimize visual impacts associated with the installation of a large-scale solar energy system. The Board shall consider the size, location and topography of the site and the characteristics of the surrounding property and the amount and type of development on said properties in determining the amount and type of screening and buffering that it deems appropriate. Screening measures are required and may include but are not necessarily limited to the following: preserving natural vegetation, particularly in the setback area for the solar energy system; planting new vegetation, particularly in the setback area for the solar energy system; installing a raised berm and appropriate plantings, particularly in the setback area; and installing a fence.
*[b] 
Glare. Solar panels are designed to absorb (not reflect) sunlight; and, as such, solar panels are generally less reflective than other varnished or glass exterior housing pieces. However, solar panel placement should be prioritized to minimize or negate any solar glare onto nearby properties or roadways to the maximum extent practical. Further, in the case of a solar energy system that could have an adverse impact on the safety of operations associated with the Belfast Airport, the Planning Board requires assurances that the installation and operation of the solar energy system would not have an unreasonable adverse impact on public safety. As such, the Belfast Planning Board has the authority to require any applicant that proposes to install a large-scale ground-mounted solar energy system in an area that could affect the safety of airport operations to conduct a solar glare gauge analysis study as an element of the application submitted to the Planning Board. The Planning Board shall consider the results of the glare analysis in rendering a decision to approve or deny an application and any conditions of approval that it establishes on a permit application.
*[c] 
Operations and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale solar energy system. The plan shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation.
*[d] 
Emergency management and services. The owner of a large-scale solar energy system or operator shall prepare and provide a project summary, electric schematic, and site plan to the Code Enforcement Officer, the Fire Chief and the Chief of Police. Upon a request of the Fire Chief, the owner or operator shall cooperate with the Fire Department and other interested parties in preparing an emergency response plan. All City and county emergency management personnel shall be provided the name and contact information of the party responsible for the operation of the system.
*[e] 
Installation conditions. The owner or operator of the large-scale solar energy system shall maintain the facility in good condition on an ongoing basis during the time period that the solar energy system is in operation. Maintenance shall include but is not limited to the following: painting, structural repairs, ground maintenance around the array, maintaining buffering measures required by the Planning Board, maintaining the access road to the solar array, maintaining any stormwater management features required by the state or the City, and maintaining the integrity of security measures.
*[f] 
Vegetation management. The owner or operator of a large-scale ground-mounted solar energy system shall prepare a vegetation management plan associated with the operation of the system. A large-scale ground-mounted solar energy system, by its nature, may occupy a large land area. An application for a large-scale ground-mounted system shall identify measures it will use to effectively manage vegetation. Methods may include but are not limited to vegetating the solar array area in a pollinator-friendly manner and allowing the area for the grazing of farm animals.
*[g] 
Signage. The owner or operator shall install a sign that identifies the name of the owner, the name of the operator, and a 24-hour emergency contact phone number for the operator. The sign shall be no greater than 36 inches by 60 inches in size and shall be no more than eight feet in height from the adjacent ground grade. The sign shall not be internally illuminated; however, if necessary, it can be illuminated by minimal lighting that complies with the following standards: LED lighting that has a rating of no greater than 3,000 on the kelvin scale, the lighting is down-directed and shielded, and the lighting does not create any unreasonable glare on any adjacent road or neighboring property. The sign shall not display any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.
*[h] 
Removal of solar energy system. A large-scale ground-mounted solar energy system that has reached the end of its useful life or that has been abandoned and not produced power for a period of 12 consecutive months shall be removed. The owner or operator shall provide notification to the Code Enforcement Officer by certified letter of the proposed date of discontinued operations, and shall prepare and submit a plan to the Code Enforcement Officer that identifies how all components of the solar energy system, including but not necessarily limited to the solar collectors, the mounting equipment, the transmission lines, and any security barriers, shall be removed from the site. The Code Enforcement Officer must review and approve the removal plan, and the owner or operator, no more than 150 days after the date of discontinued operations, must complete the removal of the solar energy system in accordance with the approved plan. Further, the owner or operator shall dispose of all solid and hazardous waste in accordance with all applicable local, state and federal waste disposal regulations. Post removal of the solar energy system, the owner or operator shall stabilize and re-vegetate the site as necessary to minimize soil erosion. The owner or operator shall contact the Code Enforcement Officer for a final inspection of the removal of the system and to obtain a receipt of approval that the removal was performed successfully.
*[i] 
Community donation option. The operator of a ground-mounted solar energy system that has chosen to discontinue use of the system may submit a plan for the review and approval of the Belfast Planning Board that identifies how the system can be donated to an appropriate community organization. Said plan shall identify the projected useful remaining life of the system, how the transfer shall occur, the responsibilities of the party that will receive the donation regarding the operation and maintenance of the system, the financial and technical ability of the party that the system is donated to successfully operate the system, and how the receiving party will fulfill the responsibility to decommission the system upon the end of its useful life. The Board shall have the authority to approve or deny the requested donation option. If the Board denies the donation option, the owner operator shall proceed to remove the system.
*[j] 
Request to reactivate a discontinued large-scale solar energy system. An owner or operator may submit a written request to the Belfast Planning Board to reactivate a large-scale solar energy system that has been discontinued or abandoned due to extenuating circumstances. The Belfast Planning Board shall be responsible for the review and approval or denial of any written request to reactivate a solar energy system, subject to applicable review criteria for a new permit to operate the system. Unless the Board approves a request to reactivate the system, the solar energy system shall be considered abandoned.
*[k] 
Decommissioning of large-scale solar energy system and abandonment guarantee.
(1) 
Absent notice from the owner or operator of a date of decommissioning or written notice of extenuating circumstances and a request to reactivate the solar energy system, a large-scale solar energy system shall be considered to be abandoned when it fails to operate for a period of 12 or more consecutive months.
(2) 
At the time of Planning Board review of a site plan application and permit, the applicant for a new large-scale solar energy system shall identify how it shall provide a performance guarantee payable to the benefit of the City of Belfast, a municipal corporation, for all costs associated with the removal of an approved solar energy system that has been abandoned. The performance guarantee shall be equal to 150% of the estimated cost of removal for the initial 10-year period of operation of the system. The applicant (owner), for each successive 10-year period that the solar energy system is in operation, shall be required to submit updated information to the Planning Board regarding all costs associated with the removal of an approved system, and the Board shall have the authority to identify the updated cost for the removal of the system. The applicant (owner), within 90 days of said determination by the Planning Board, shall provide the City a new performance guarantee in the amount identified by the Planning Board.
A performance guarantee can be in the form of a performance bond, surety bond, letter of credit, parent holding company guarantee, escrow account established with the City, or other form of financial assistance as may be acceptable to the City as determined by the Planning Board and legal counsel for the City of Belfast. The financial guarantee shall include a provision granting and guaranteeing the City the authority to access the funds and property and perform the decommissioning if the facility is abandoned and the owner or operator fails to meet their obligations to remove the solar energy system; reference Section 102-1100(h). The applicant shall provide the City the identified performance guarantee prior to the issuance of a building permit by the Code Enforcement Officer for the solar energy system. The owner or operator shall also be responsible for notifying the City in writing if the performance guarantee is revoked, and in such cases, shall provide the City a replacement guarantee that is found acceptable by legal counsel for the City within 90 days, or the owner's or operator's permit to operate the system shall be revoked.
(3) 
If the owner or operator of the solar energy system fails to remove the installation in accordance with requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City retains the right to use the performance guarantee and all other available means to cause an abandoned, hazardous or decommissioned large-scale solar energy system to be removed.
(4) 
If an owner or operator successfully removes a large-scale solar energy system in accordance with requirements of this section, and the City Code Enforcement finds that the removal was successfully completed, the owner or operator may apply to the Belfast Planning Board for the release of the performance guarantee identified in this section. The City shall not unreasonably withhold the release of a performance guarantee post a determination by the Code Enforcement Officer that an owner or operator has successfully removed a solar energy system.