<div class="chunk-title">Sec. 46-53. - Other level 2 and 3 solar energy system requirements.</div>
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            <p class="p0">
               For a level 2 or 3 SES, the following requirements are in addition to the applicable
               setback, height and zoning district standards:
               
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                  (a)
                  </p>
               		
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                  All exterior sides of the security fence shall be screened with a landscape buffer
                  that meets one of the following criteria:
                  </p>
               		
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                  (1)
                  </p>
               		
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                  Existing on-site mature vegetation at a minimum height of ten feet and depth of 50
                  feet remains between the security fence and adjacent property including rights-of-way;
                  or
                  </p>
               		
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                  (2)
                  </p>
               		
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                  A single row of evergreens in combination with mature vegetation, installed at a height
                  of five feet achieving opaqueness and a minimum height of ten feet in five years;
                  or
                  </p>
               		
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                  (3)
                  </p>
               		
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                  A double row of off-set evergreens absent existing mature vegetation, installed at
                  a height of five feet achieving opaqueness and a minimum height of ten feet in five
                  years; or
                  </p>
               		
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                  (4)
                  </p>
               		
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                  A berm combined with evergreen vegetation installed at a height of five feet achieving
                  opaqueness and a minimum height of ten feet in five years.
                  </p>
               		
               
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                  (b)
                  </p>
               		
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                  Level 2 and 3 SESs shall be developed in accordance with an approved site plan that
                  includes the following information:
                  </p>
               		
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                  (1)
                  </p>
               		
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                  The location of the solar farm facility (including the arrangement of any existing
                  or proposed buildings, structures, or panels);
                  </p>
               		
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                  (2)
                  </p>
               		
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                  The distance from any proposed solar farm facility or structure to the surrounding
                  property lines;
                  </p>
               		
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                  (3)
                  </p>
               		
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                  Any existing or proposed signs, fencing, lighting, construction and permanent parking
                  areas, driveways, landscaping, vegetative screening or required buffers. All parking
                  must be located outside of the state highway right-of-way;
                  </p>
               		
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                  (4)
                  </p>
               		
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                  Horizontal and vertical (elevation) to-scale drawings with dimensions of proposed
                  solar collector structures.
                  </p>
               		
               
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                  (c)
                  </p>
               		
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                  Solar energy components must have a UL listing and must be designed with anti-reflective
                  coating(s).
                  </p>
               		
               
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                  (d)
                  </p>
               		
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                  Landscape buffers, ground cover, security fences, gates, and signage must be maintained
                  in good condition until the solar farm is dismantled and removed from the site. Grass,
                  weeds, and other ground cover must not exceed 12 inches in height at any time.
                  </p>
               		
               
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                  (e)
                  </p>
               		
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                  <span class="ital">Decommissioning.</span>
                  </p>
               		
               <p class="incr2">
                  (1)
                  </p>
               		
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                  A decommissioning plan shall be required as part of the conditional use permit application.
                  The decommissioning plan shall be prepared by a third party engineer not associated
                  with the engineer or engineering firm that prepared or sealed the site plan. It must
                  be signed by the party responsible for decommissioning and all landowners of property
                  included in the SES. The party responsible for decommissioning shall be either the
                  SES owner or the landowner(s). The following items are required to be addressed or
                  included in the decommissioning plan:
                  </p>
               		
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                  a.
                  </p>
               		
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                  A description of any agreement (e.g. lease) with all landowners regarding decommissioning;
                  </p>
               		
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                  b.
                  </p>
               		
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                  The identification of the landowner(s), the SES owner, and the party responsible for
                  decommissioning;
                  </p>
               		
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                  c.
                  </p>
               		
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                  The type of solar panels and other SES components that will be installed on the site;
                  </p>
               		
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                  d.
                  </p>
               		
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                  The estimated cost, calculated by the third party engineer, for the removal of the
                  SES components, including solar panels, buildings, cabling, electrical components,
                  roads, fencing, and all other associated facilities, including those below grade.
                  The cost of grading and re-seeding of disturbed earth following removal of the SES
                  components shall be included in the estimated decommissioning cost. The estimated
                  market value of scrap or recyclable materials may be considered in calculating the
                  decommissioning cost.
                  </p>
               		
               <p class="incr2">
                  (2)
                  </p>
               		
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                  Prior to the issuance of the zoning permit, the decommissioning plan shall be recorded
                  by the applicant in the county register of deeds office.
                  </p>
               		
               <p class="incr2">
                  (3)
                  </p>
               		
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                  Prior to the commencement of construction, the party responsible for decommissioning
                  shall provide performance security in the form of a bond, cash escrow, or irrevocable
                  letter of credit in favor of the county in an amount equal to one and a quarter times
                  the professionally estimated decommissioning cost. Such performance security, whether
                  bond or letter of credit, shall be issued on terms and conditions equivalent to those
                  required for performance bonds under G.S. Ch. 44A, Art. 3. Should the responsible
                  party elect to use an irrevocable letter of credit, it shall be issued by a federally
                  chartered bank with a branch office in northeastern North Carolina in favor of Halifax
                  County. The form of the bond or letter of credit shall be subject to the prior approval
                  of the planning director. The surety or institution issuing the performance security
                  shall provide the county at least 90 days advance notice of any renewal, cancellation,
                  termination, or expiration of the performance security. The performance security shall
                  remain in full force and effect until the SES site is restored to a condition comparable
                  to that which existed prior to the issuance of the conditional use permit. Failure
                  of the responsible party to maintain the performance security in continuous full force
                  and effect shall constitute grounds for revocation of the conditional use permit or
                  zoning permit.
                  </p>
               		
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                  (4)
                  </p>
               		
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                  The decommissioning plan and estimated cost of removal shall be updated every five
                  years or upon change of land ownership or SES ownership. All updates to the plan shall
                  be recorded in the county register of deeds office. The performance security shall
                  be adjusted accordingly within 30 days from the date of recording of the updated decommissioning
                  plan.
                  </p>
               		
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                  (5)
                  </p>
               		
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                  The responsible party shall have 12 months to complete decommissioning of the facility
                  if no energy is generated for a continuous period of 12 months. For purposes of this
                  section, this 12-month period shall not include delay resulting from force majeure.
                  </p>
               		
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                  (6)
                  </p>
               		
               <p class="content3">
                  The decommissioning performance security shall be drawn in an amount equal to the
                  last estimated removal costs of the SES in the event the responsible party fails to
                  decommission the SES pursuant to the requirements of this article.
                  </p>
               		
               <p class="incr2">
                  (7)
                  </p>
               		
               <p class="content3">
                  Notwithstanding the terms and conditions of any agreement between the landowner, the
                  SES owner or any third party designated as the party responsible for decommissioning,
                  the landowner shall be ultimately responsible for proper decommissioning if the responsible
                  party fails to decommission the SES in accordance with this article.
                  </p>
               		
               <p class="incr2">
                  (8)
                  </p>
               		
               <p class="content3">
                  SES components will not be received or handled at any solid waste disposal or recycling
                  facility owned, operated or under contract with Halifax County.
                  </p>
               		
               
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                  (f)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Abandonment.</span> A level 2 or 3 SES that ceases to produce energy on a continuous basis for 12 months
                  will be considered abandoned unless the SES owner provides substantial evidence (updated
                  every six months after 12 months of no energy production) to the planning director
                  of the intent to maintain and reinstate the operation of that facility. Upon a determination
                  of abandonment, the planning director shall notify the responsible party (or parties)
                  that they must remove the SES and decommission the site in accordance with this article.
                  If the responsible party (or parties) fails to comply, the planning director may remove
                  the SES, sell any removed materials, make demand on the performance security, initiate
                  judicial proceedings or take any other enforcement action available against the responsible
                  party or the landowner to recover the cost of proper decommissioning of the site.
                  </p>
               		
               
            <p class="historynote0">
               (Res. of 7-8-19(1))
               </p></div>