The applicant shall provide notice of intent to locate a solar facility to all property owners within one (1) mile of the boundaries of the solar facility at least within three (3) months prior to submitting an application to Delaware County regarding the special use of a solar facility.

In addition, for the Board of Zoning Appeals Special Use Procedure hearing, the DMMPC applicant shall provide a copy of the written notice sent to all surrounding property owners within three hundred (300) feet or two (2) properties deep, whichever is greater, from the boundaries of the solar facility project area. The applicant shall also provide stamped, addressed envelopes to each property owner on the surrounding property owner list provided by the DMMPC. a list of the surrounding property owners to whom notice was sent.

The owner or operator of the solar facility shall maintain a current comprehensive general liability insurance policy covering bodily injury and property damage, and cyber insurance to protect from data breaches and other cyber security issues. The insurance shall be in the amount of $2,000,000 per occurrence and $5,000,000 in aggregate, naming Delaware County as an additional insured. Proof of insurance shall be provided to the DMMPC Plan Commission office prior to the issuance of permits and on an annual basis thereafter. Failure to maintain insurance shall result in cancellation of the Improvement Location Permit by the Building/Zoning Administrator Planning Director.

It is the responsibility of the owner or operator of the solar facility to inform the DMMPC Executive Director of all changes in ownership of any insurance policy during the life of the project, including the sale or transfer of ownership or policy cancellations. The County shall be named as a notified party by the insurance provider in the event there is a lapse in coverage.

Terminology shall be included in any and all insurance policies that provides policy limit adjustments derived from the U. S. Bureau of Labor Statistics Consumer Price Index (CPI) to protect against inflation. The County Commissioners may review coverage amounts as often as every five (5) years and modify, as necessary, to determine if appropriate limits have drifted too far from the CPI adjusted level.

Property Value Guarantee shall be offered by the solar owner to all non-participating residents and landowners within one-half (1/2) mile of a solar facility. The Property Value Guarantee shall only be valid for twelve (12) months after construction is complete. Fair market value will be established by, at a minimum, two licensed appraisers acceptable to both the solar owner and the land owner County. If the property value of a home decreases and a home or landowner is unable to sell his property at the baseline fair market value after the SES is announced, the solar owner will pay that landowner the difference