§ 37.U. ENERGY PROJECTS - GENERAL PROVISIONS.

U.

General Provisions.

1.

Definitions.

a.

Central generation. For purposes of this Ordinance, means electricity production that is directly interconnected to a utility transmission system at transmission voltage, generally more than 60 kV.

b.

Distributed generation. For purposes of this Ordinance, means electricity production that is directly interconnected to a utility distribution system at distribution voltage, generally less than 60 kV.

c.

Isolated generation. For purposes of this Ordinance, means electricity production that is used on-site and is not interconnected to a utility distribution or transmission system, or that is net-metered.

2.

Isolated generation systems that serve a single property or facility may be constructed in any zone with an approved building permit subject to:

a.

Solar panels mounted on a building may not exceed the maximum building height for the zone. Solar panels mounted on poles or on the ground are allowed in any zone. The total height of pole-mounted solar panels shall not exceed the height of the highest architectural feature of the residence, and the pole shall be located so that if it were to fall, its reclining length would be contained on the parcel.

b.

Wind turbines may exceed the maximum building height for the zone, but must be placed on the property at a location more than 110% of the total height of the machine including the blade from the property line.

c.

Isolated generation systems shall meet all applicable codes.

3.

Isolated generation systems not included in Paragraph 2 may be constructed after approval of a Special Use Permit. The Director may waive supplemental application requirements listed in Paragraph 5 upon request of the applicant.

4.

Generation systems may be constructed.

a.

With an approved Special Use Permit where allowed by Section 37.A.6.

b.

In an E (Energy Overlay) zone.

5.

Application for E (Energy) Zone or Special Use Permit — Distributed Generation.

a.

Pre-application conference. Because additional information may be required for effective review, a pre-application meeting with a representative from the Department is recommended. The level of detail and analysis necessary is dependent on the type of project proposed, its location, and the currently available information relevant to the proposal. In general, smaller projects will require less analysis than larger more complex ones.

b.

Information meeting. For a solar project that can generate five (5) MW or more, or for a wind project that can generate one (1) MW or more, the project applicant is responsible for holding at least one informal community meeting within the County, as near project location as is practicable, to inform the public about the proposed energy facility. The project applicant will provide public notice of the community meeting through written letter by first-class mail to owners of property within one (1) mile, or by publication in a newspaper of general circulation in the community affected, and electronic notification to persons who have placed their names on a notification list maintained by the Department. The meeting may be held before the project application is deemed complete, and must be held a minimum of four weeks before the meeting at which the Planning and Zoning Commission hears the project proposal. The applicant will provide the Department a copy of the attendance list from the meeting and any written comments received by the applicant no more than five business days after the information meeting to be provided to the Commission in advance of the Commission hearing. A copy of written comments received by the applicant after the community meeting will be provided to the Department as soon after the meeting as is practicable.

c.

Application. Minimum information to accompany an application for a rezone to an E zone or a Special Use Permit will be determined by the type and class of the Energy zone requested. The applicant shall provide a standard Rezone or Special Use Permit application accompanied by a narrative description sufficient to adequately describe the proposal and its impacts. The application package should include:

1)

Existing power infrastructure. Identify the location of the proposed interconnection to a utility, the utility company to which the project will connect and voltage of the power line to which the project will connect. If the proposed interconnect site is not on the project property, the distance between the property and the interconnect site and whether there are existing utility lines or easements for that purpose. The applicant should provide a letter from the utility company indicating whether the proposed interconnect location is acceptable to the utility and whether the existing power lines are sufficient to carry the proposed production. If a letter from the utility company is not available, an approval may be conditioned to require approval of the interconnection by the utility prior to issuance of any County permits.

2)

Photographs or other graphic representations of the site as it presently exists and with the project superimposed from at least two perspectives.

3)

A statement of the maximum megawatts proposed to be produced by the project, the total square footage of buildings to be constructed, and the maximum number of wind turbines, solar panels, or other production units.

4)

Expected noise levels, the length of roads and power lines that will require construction or upgrading, and transportation impacts.

5)

A list of all property owners within one (1) mile of the project, and within one-half (½) of a mile of the route of any power line necessary to make the interconnection.

6)

A list of permits, approvals, or other actions that the applicant has requested or will request from other government agencies or from public or privately owned utility companies. If these approvals are unknown or not available at the time of application, an approval may be conditioned upon obtaining the required approvals prior to issuance of any permits.

6.

Application for E (Energy) Zone or Special Use Permit — Central Generation.

a.

In addition to the requirements of Paragraph 5, the applicant shall provide:

1)

For projects that are subject to the authority of the Arizona Power Plant and Transmission Line Siting Committee, the applicant should provide a letter or report of the Committee regarding the status of any review pending before that Committee. If a letter is not available, an approval may be conditioned to require approval of the interconnection by the Arizona Power Plant and Transmission Line Siting Committee, prior to issuance of any permits.

2)

For projects that propose to connect to federally administered transmission lines, the applicant should provide a letter or report from the responsible agency regarding the status of any review pending before that agency. If a letter is not available, an approval may be conditioned to require approval of the interconnection by the transmission line administrator, prior to issuance of any permits.

7.

Avoidance of duplication. An applicant may incorporate, by reference, any information developed or submitted in any other application, if the applicant submits a copy of the referenced material, identifies the proceeding in which it was submitted as well as the outcome of that proceeding if concluded, and explains the relevance of the information.

8.

Development Standards and Conditions — General.

a.

National Codes and Standards. To address safety and power quality issues, national codes and safety organizations have developed guidelines for equipment manufacture, installation and operation. The major code and safety organizations that apply to generation projects are the National Fire Protection Association (NFPA), Underwriters Laboratories (UL) and Institute of Electrical and Electronics Engineers (IEEE). Each of these organizations covers different aspects of the development in the context of their organizational missions.

Energy projects must comply with these and any other applicable national codes and standards in effect at the time the project is constructed, unless more stringent standards are required by the utility receiving the generated energy.

b.

Height and Setbacks. Due to the variety in size and type of projects, the maximum height and setbacks for a project shall be determined based on the project design.

c.

Grading of a project site may not commence until required State and Federal approvals are in place and assurances for site restoration are provided.

9.

Decommissioning.

a.

Prior to commencement of construction the applicant shall submit a decommissioning plan, to include:

1)

The anticipated life of the project.

2)

The estimated decommissioning costs less salvage value in current dollars.

3)

The method of ensuring that funds will be available for decommissioning and restoration.

4)

The anticipated manner in which the project will be decommissioned and the site restored.

b.

If a project ceases to perform its intended function for more than twelve (12) consecutive months, the project shall be removed and the site restored in accordance with the decommissioning plan.