- 2. A solar collector shall not be considered an impermeable surface provided the ground underneath the collector is not compacted or of hard surface and contains a vegetated ground cover.
- 3. Installation of solar facilities must not interfere with existing drainage tiles unless mitigation measures are taken such as repairs, replacing tile, installing additional drainage features, or re-routing. This is the obligation of the project owner which continues and applies even if the interference is discovered after construction of the project.
- 4. All solar facility structures shall conform to applicable industry standards as well as all local, state, and federal regulations. Solar facility applicants shall submit certificates of design compliance that solar manufactures have obtained for UL (Underwriter Laboratories), DNV (Det Norske Veritas), or an equivalent third party. Solar facility applicants must also submit an estimate of the amount of local labor that will be used for the construction of the project and for the operation of the solar facility.
Q. TRANSFER OF OWNERSHIP
All duties and obligations of each owner/operator of a solar facility shall be joined and several, and shall be binding upon all heirs, successors in interest and written notice shall be given to the Delaware County Commissioners and the DMMPC Plan Commission. All agreements, bonds, and other financial assurances provided under this Ordinance shall remain in full force and effect upon any transfer of ownership interest until the successor in interest delivers replacement documents for approval by the Delaware County Commissioners. Any transfer of ownership interest without prior approval of replacement documents shall constitute a default and shall not relieve the original responsibility of liability.
R. NUISANCE
Any solar facility, or part thereof, declared to be unsafe by the Delaware County Building Commissioner by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with an abatement order from said Building Commissioner or, if applicable, the Decommissioning Plan Agreement. Abatement orders shall allow no more than sixty (60) days for corrections or for a rehabilitation plan to be filed with the DMMPC office setting forth a timeline for compliance with the abatement order.
SECTION 2. That ARTICLE XXXI, Section 14 COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS (CBESS) REQUIREMENTS, shall be inserted as follows in “EXHIBIT B”: