[HISTORY: Adopted by the City Council of the City of Saco 7-24-2023. Amendments noted where applicable.]
This chapter shall be known as the "Commercial Solar Energy Systems Ordinance."
The City of Saco finds that it is in the best interest for the life, health, and safety of residents to adopt regulations governing the installation, operation, and maintenance of commercial solar energy systems. This chapter is intended to act in conjunction with certain zoning, site plan, and performance standards found in Chapters 179 and 230 relative to commercial solar energy systems, and thereby help assure critical life safety standards are met. This chapter is enacted pursuant to the City's Municipal Home Rule authority found in the Maine Constitution, as well as authority granted the City by Title 30-A M.R.S.A. § 3001, as may be amended.
This chapter applies to all structures and/or equipment meeting the definition of "commercial solar energy system" as found in the definitions section of Chapter 230, Zoning.[1] Where provisions of this chapter conflict with Chapter 230 provisions, the stricter standard shall apply. These standards also apply regardless of where the commercial solar energy system is installed and operating.
[1]
Editor's Note: See Ch. 230, Zoning, Art. XXI, Definitions.
The definition of "commercial solar energy system" found in Chapter 230 is herein incorporated by reference.
A. 
To the extent practicable and allowable by the National Electrical Code, all utility connections between a commercial solar energy system and the Maine regulated public utility receiving the power produced by the commercial solar energy system shall be made underground at an identified location on the property where the solar system is to be sited.
B. 
A schematic or design drawing (a single- or three-line electrical drawing) from a licensed engineer or electrician shall be provided to the City in advance of installation for review, and a record drawing shall be submitted once the work of installation is completed. See also Chapters 179 and Chapter 230 of the City's Code of Ordinances.
C. 
If a direct grid connection, or any other portion of a commercial solar energy system, requires permitting and approvals from the State of Maine, or any of its agencies or departments, the owner/operator of the commercial solar energy system shall provide a copy of all such applicable approvals to the City of Saco, and no certificate of occupancy and no business license may be issued by the City until such approvals have been provided.
A. 
General site access.
(1) 
The City of Saco, and its agents, employees, and contractors, shall always have and enjoy unimpeded access to any commercial solar energy system (including any of its components or supporting facilities) found in the City, such access to be without unreasonable precondition or restraint, with reasonable notice to the site operator. Safety protocols must be followed by all parties entering the facility on behalf of the City of Saco.
(2) 
The City may, on no more frequently than an annual basis, request and review performance records, logs, data or other nonproprietary information that relates to the commercial solar energy system, its component parts or facilities, and any of its operations. Neither an owner or operator of such a commercial solar energy system shall withhold such records or information from the City.
(3) 
Notwithstanding the preceding, the owner shall provide an annual report of the operation of the facility to the City of Saco of the operation of the solar panels on site, any repairs done throughout the reporting period, and any need for future repairs or upgrades to maintain the system and ensure no surrounding property impact.
(4) 
The refusal to grant the City access to the site or to records and information as detailed in Subsection A(1) and (2) above shall constitute a violation of this chapter and shall be enforceable following provisions of Chapter 1, § 1-18, of the City of Saco's Code of Ordinances.
B. 
Fire Department requirements.
(1) 
The owner or operator of a proposed commercial solar energy system shall provide the Fire Department with details of the site access and provide a Fire Department fire protection plan. Said plan shall be reviewed and must be approved by the Fire Department before the issuance of a certificate of occupancy for any commercial solar energy system.
(2) 
The owner or operator of a proposed commercial solar energy system shall provide a dedicated Knox-Box® to the development to assure Fire Department entry and access to the site.
(3) 
Ongoing Fire Department requirements. Throughout the life of the commercial solar energy system, the Fire Department shall meet annually with the owner/operator, or their designated representative, to review firefighting concerns, annually inspect the site for life safety concerns, and review and update the firefighting plan to ensure that it is accurately capturing site conditions and considerations, in light of any advancements in firefighting methods, technology or equipment. In addition, the Fire Department will review the condition of any access road to assure proper emergency access remains at all times. Any deficiency, as to any matter or condition at the site, found by the Fire Department during its review process shall be remediated within a reasonable period of time subject to the time of year but not to exceed 30 days once weather allows for the remediation to commence. Required temporary measures to remediate a situation may be agreed upon between the Fire Department and the commercial solar energy system operator.
All access roads within commercial solar energy systems sites shall remain private. The owner of the commercial solar energy system shall maintain all structures and improvements on site, including but not limited to any and all access roads, drainage facilities and utility infrastructure. No part of these facilities shall be the burden or responsibility of the City of Saco.
A. 
Notwithstanding § 180-6A above, the owner/operator shall provide copies of an annual inspection and maintenance reports to the City. The City shall retain the right to inspect the facility on an annual basis, or to require an annual inspection of the operation of any commercial solar energy system by an independent, qualified consultant hired on behalf of the City and paid for by the owner/operator of the commercial solar energy system per Chapter 83 of the City's ordinances.
B. 
The annual reports and/or third-party inspections shall include the following items:
(1) 
Condition of the commercial solar energy system.
(2) 
Status update on maintenance and safety considerations for the commercial solar energy system.
(3) 
Status update on stormwater management measures for the system.
(4) 
Update on operation-period/post-construction environmental impacts, including any recommended remediation efforts to offset environmental impacts.
(5) 
Update on vegetation stabilization and regrowth.
The City of Saco has determined that existing tree cover is critical to environmental health, quality of life, and environmental safety here in the City of Saco, and helps mitigate against and curtail impacts of a quickly shifting climate as well as extreme temperature variability. For these reasons, commercial solar energy systems shall be required to provide the following documentation and/or representations during review by the City of Saco and its officials:
A. 
Existing and future conditions.
(1) 
Existing vegetation survey requirement. Existing conditions plan that clearly documents existing conditions, including trees of 20 inches or more in diameter, rare botanical features, and other low ground vegetation to ensure that the existing conditions are well-documented. The purpose of this documentation is to ensure that the site can be brought back to existing conditions after the system is decommissioned.
(2) 
Future conditions conceptual plan requirement. The owner/operator of the system shall provide a plan that provides similar ecological value to existing conditions. Additionally, the owner/operator shall provide future conditions conceptual plan providing a future plan to vegetate and stabilize the property, ensuring erosion sediment control standards are met.
(3) 
These plans shall be submitted as part of planning and permitting review with the City of Saco, and shall be reviewed by a professional consultant hired on behalf of the City of Saco and paid for by the owner or applicant of the system per Chapter 83 provisions.
(4) 
Additionally, the owner/operator shall establish a project deposit account or other type of financial guarantee that shall be held by the City that will assure costs to vegetate future conditions after the operations have been decommissioned, further detailed below in § 180-12, Decommissioning; supplemental standards to zoning performance standards.
B. 
Wildlife considerations.
(1) 
Wildlife crossings. Sites shall be designed to facilitate wildlife crossings by raising fence heights and ensuring that deer wintering areas are not disturbed, to the maximum extent practicable, with national and state allowable electrical codes. When verifying the maximum extent practicable, the planning and permitting review shall consider review and comments by a consultant hired on behalf of the City of Saco and paid for by the applicant or owner of the system per Chapter 83.
A. 
Noise. The owner/operator of the system shall present an acoustic study to demonstrate compliance with the City's noise ordinance found in Chapter 230 of the City's Code of Ordinances.
B. 
Aquifer. Applicants shall provide a plan demonstrating any impacts to aquifers from the system. If impacts are identified from any pollutant or any other material as a result of system installation, then remediation and mitigation efforts shall be clearly identified and documented before installation of any system.
A. 
Maintenance agreement required. The owner/operator of the system shall enter into a maintenance agreement to ensure (and provide verification to the City of Saco) that the system will be maintained and that the required monitoring and inspections shall occur according to the time lines outlined in this chapter. Said maintenance agreement shall be signed by the commercial solar system owner (which may be the landowner) and owner, lessee and system operator (hereinafter "responsible party") for maintenance, and on-site maintenance contact. If any responsible party on this agreement is changed, the maintenance agreement shall be updated within five days to ensure that the City has the correct contact for the maintenance of the system. If owner or operator changes, a new maintenance agreement shall be executed, provided that all other provisions of City approvals and ordinance standards are met.
B. 
Financial guarantee agreement required. The owner/operator of the system shall enter into financial guarantee agreements with the City of Saco that will provide for and assure proper operations and for decommissioning upon cessation of business. On an annual basis, the owner/operator of the system shall report future decommissioning costs to the City of Saco, and the financial guarantee amount required herein shall be updated at the 150% amount immediately thereafter, if needed. This report shall be prepared by a qualified person (engineer or industry expert), and a copy of the report shall be provided to the Planning Department. See also Chapters 179 and 230.
A. 
In addition to the City of Saco's zoning ordinance standards, a decommissioning plan shall be provided to the City of Saco before any system becomes operational and prior to the issuance of a certificate of occupancy. This plan shall be updated, from time to time, but at least every seven years, to remain relevant to the system and its operation. The plan shall include provisions for vegetation, site restoration, and a solid waste/recycling plan for the removal and safe destruction of solar panels and the facility's appurtenances.
B. 
Decommissioning shall start within 30 days of end of project and shall be promptly completed, but not less than 180 days from decommissioning start date. If steps are not taken to decommission the site within this time line, the City of Saco shall enter the site, decommission the site, and shall collect on the letter of credit or other such financial guarantee per the terms of the financial guarantee agreement. Issuance of a certificate of occupancy is conditioned upon the owner/operator securing and providing to the City proper license or easement, as determined in the sole opinion of the City, granting the City reasonable access to enter into and/or onto the site for all purposes, including but not limited to maintenance, inspections and decommissioning.
C. 
Decommissioning includes restoration of the site to existing conditions as documented in the existing conditions plan or stabilization of the site to meet the future conditions conceptual plan, as noted above in § 180-9A(2).
It is understood that solar remains an emerging technology that offers greater sustainability options as many areas throughout New England and the nation work to move away from fossil fuels. However, it is critical that possible impacts of these emerging technologies be appropriately and carefully considered to ensure any impacts of such use are appropriately mitigated. As such, the City Council may choose to update this chapter to reflect additional life safety requirements and considerations as they emerge. The owner/operator will coordinate necessary permitting and approvals with the City when needed to implement new technologies, methods or processes when and where financially and technically feasible.
Notwithstanding the provisions of 1 M.R.S.A. § 302, this chapter shall apply to all applications for permits or approvals or other proceedings pending before a City of Saco board, commission, body, officer, or other regulatory official of the City on or after April 24, 2023, the retroactive date of applicability of this chapter.