or buy the property at the baseline fair market value determined prior to announcement of the SES.

b. No permit for construction shall be given by any department until all property value guarantee agreements have been filed with the Delaware County DMMPC. A surety bond shall be provided in the amount of twenty percent (20%) of the assessed value of all properties within three miles of any part of the SES for the life of the project. The surety bond shall be used to pay for appraisals, cover decreases in value of affected homes, buyouts, and other uses to achieve the goals of this section.

12. Erosion Control Plan

An erosion control plan shall be developed in accordance with the protocol of the Natural Resources Conservation Services (NRCS), and any Storm Water Quality Management Plan adopted by Delaware County.

The area beneath the ground-mounted solar facility is considered pervious cover. However, use of impervious construction materials within the solar facility would cause areas to be subject to the impervious surface limitations for the applicable Zones Zoning District. Natural (pervious) ground covers are required beneath the solar arrays.

13. Changes to Existing Solar Facilities

Once an application is approved, any change to the solar panel footprint or adding additional property shall be considered a new application subject to the ordinance standards and procedures in effect at the time of the change. An application for said change does not affect any prior approvals.

B. LAND USE LIMITATIONS

The County is concerned with the preservation of farmland and therefore has limited the total number of acres that can be devoted to solar facilities within Delaware County. The maximum number of acres devoted to all solar facilities under panels is 5,000 acres.

No more than twenty percent (20%) of a solar facility may be located on Prime Farmland as designated on the Soil Data Access (SDA) Prime and other Important Farmlands report for Delaware County in the “Farm Class” column as “All areas are prime farmland” or “Farmland of statewide importance”, map provided by owner/operator. and as indicated “Prime Farmland” (in light green) on the map in Appendix B. A letter from the Delaware County Natural Resources Conservation Service (NRCS) or another qualified source stating that no more than twenty percent (20%) of the proposed project is on Prime Farmland shall be included with the Improvement Location Permit and project application. Delaware County reserves the right to use its own Geographic Information System mapping to verify the stated percentage.

C. HEIGHT

The height of the solar collector and any mounts shall not exceed twenty (20) feet when oriented at maximum tilt.