County Tightens Restrictions On Commercial Solar Farms

May 29, 2019 at 12:09 a.m.


Based upon a recommendation from the Kosciusko County Area Plan Commission, the county commissioners Tuesday approved a more restrictive ordinance amendment on commercial solar energy systems, also known as solar farms.

Assistant County Planner Matt Sandy presented the amendment, which the county has been discussing for months.

“Per your guys’ direction, we did take it to the plan commission with some pretty extensive changes to that section (on) commercial farms,” he said. “That’s kind of key, that we’re only looking at amending that part of the solar ordinance. To look at making it more restrictive at this point with the idea that it could be reviewed at some point down the line in the future.”

The plan commission reviewed the amendment at its May meeting, after continuing the discussion from its April meeting for further review and public input.

“At the end of the discussion, they did move to recommend approval as presented. The same thing you guys had seen before in the past months,” Sandy said.

The ordinance and the amendments to it is about 20 pages, with changes taking up about half of that. He said it is similar to the county’s wind farm ordinance.

In January a 60-day moratorium on solar farms permits was put into place while the county studied the issue. That was extended an extra 90 days in March to June 16. With the passage of the ordinance amendments Tuesday, that trumps the moratorium and the ordinance goes into effect immediately.

Commissioner Cary Groninger said, “I guess the only thing I would add ... is this is just for commercial wind farms; their sole purpose being to produce power and sell back to the grid, not for schools or homes.”

Sandy said the county has already had a few successful solar projects go through.

The amendment takes solar farms out as an exceptional use under agricultural districts and light industrial (I-2) zones and out of permitted uses under heavy industrial (I-3) zones, putting them under exceptional uses under heavy industrial zones.

The pages of general requirements include that the minimum site area for a solar farm is 5 acres and “shall be as necessary to meet required setbacks and any other standards of” the ordinance.

The amendment limits maximum vibrations, electrical components and interference with reception of televisions and other electronics. The solar farms have to meet state and federal requirements and meet the county’s requirements for aesthetics and lighting. It limits signs, and has rules for the removal of abandoned, discontinued or unsafe solar farms.

The amendment also covers such things as waste management, drainage, flood and erosion control and roads. It requires that the owner or operator of the solar farm “shall maintain a current general liability policy covering bodily injury and property damage and name Kosciusko County as an additional insured with limits of at least $2 million per occurrence property and $5 million in the aggregate with a deductible of no more than $5,000.”

The ordinance amendment was unanimously approved by the commissioners.



Based upon a recommendation from the Kosciusko County Area Plan Commission, the county commissioners Tuesday approved a more restrictive ordinance amendment on commercial solar energy systems, also known as solar farms.

Assistant County Planner Matt Sandy presented the amendment, which the county has been discussing for months.

“Per your guys’ direction, we did take it to the plan commission with some pretty extensive changes to that section (on) commercial farms,” he said. “That’s kind of key, that we’re only looking at amending that part of the solar ordinance. To look at making it more restrictive at this point with the idea that it could be reviewed at some point down the line in the future.”

The plan commission reviewed the amendment at its May meeting, after continuing the discussion from its April meeting for further review and public input.

“At the end of the discussion, they did move to recommend approval as presented. The same thing you guys had seen before in the past months,” Sandy said.

The ordinance and the amendments to it is about 20 pages, with changes taking up about half of that. He said it is similar to the county’s wind farm ordinance.

In January a 60-day moratorium on solar farms permits was put into place while the county studied the issue. That was extended an extra 90 days in March to June 16. With the passage of the ordinance amendments Tuesday, that trumps the moratorium and the ordinance goes into effect immediately.

Commissioner Cary Groninger said, “I guess the only thing I would add ... is this is just for commercial wind farms; their sole purpose being to produce power and sell back to the grid, not for schools or homes.”

Sandy said the county has already had a few successful solar projects go through.

The amendment takes solar farms out as an exceptional use under agricultural districts and light industrial (I-2) zones and out of permitted uses under heavy industrial (I-3) zones, putting them under exceptional uses under heavy industrial zones.

The pages of general requirements include that the minimum site area for a solar farm is 5 acres and “shall be as necessary to meet required setbacks and any other standards of” the ordinance.

The amendment limits maximum vibrations, electrical components and interference with reception of televisions and other electronics. The solar farms have to meet state and federal requirements and meet the county’s requirements for aesthetics and lighting. It limits signs, and has rules for the removal of abandoned, discontinued or unsafe solar farms.

The amendment also covers such things as waste management, drainage, flood and erosion control and roads. It requires that the owner or operator of the solar farm “shall maintain a current general liability policy covering bodily injury and property damage and name Kosciusko County as an additional insured with limits of at least $2 million per occurrence property and $5 million in the aggregate with a deductible of no more than $5,000.”

The ordinance amendment was unanimously approved by the commissioners.



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