Solar ordinance takes time to further develop

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HANCOCK COUNTY — After about an hour of discussion from the Hancock County Plan Commission and comments from the public, it was decided by the board to reassess the solar ordinance and possibly make some changes.

The plan commission had its public hearing on Aug. 22 for a solar ordinance that would set standards, such as sizing of panels, setbacks requirements and more.

The ordinance did receive some feedback at the public hearing, according to Kayla Brooks, planning director for the county. Brooks said they realized there was more work to do.

One of the main comments about the solar ordinance was that projects should go before the board of commissioners rather than the BZA for review.

Brooks said at the meeting that they would have utility-scale and potentially large-scale solar projects require rezoning to a planned unit development (PUD) so that a special ordinance would be passed with each project.

“That way the board of commissioners would be able to address on a project by project basis, of course taking into account this body’s (plan commission) recommendation if this is an appropriate use of land,” said Brooks at the meeting.

It was also said a PUD could be seen as favorable because it would also go before elected officials and not just appointed officials.

Brooks said that another comment they received over the last month was that the 100-acre cap on utility scale was small and some solar projects that are utility scale are at least 1,000 acres.

Board member Scott Wooldridge mentioned that if the 100-acre cap is kept, there would have to be language included that would prevent a company from placing multiple 100-acre units right next to each other.

One final comment regarded landscape concerns.

Gary McDaniel, commissioner and plan commission board member, said trees would have to be taken into consideration, especially with the needed sunlight for any solar panels, so landscaping would have to be precise. Brooks responded and said that they would work on the setbacks to help with shadows.

Currently, the landscape ordinance for solar states when the proposed use is institutional/utility and is next to an AG use, no buffer is required. Brooks said something needs to be considered for the long-term.

Plan commission president Micheal Long said he heard that a solar project can take five to seven years, which is longer than he thought. There was mention of a sunset clause, which means if the land is rezoned and then the project doesn’t get done, it can revert the land back to its original zone.

After Brooks presented suggested changes to the solar ordinance, the board allowed the public to give comments.

Kelly Inns, director of development for Leewards Renewable Energy LLC, spoke to the board and said that the company is very interested in working with the county while establishing a solar ordinance that promotes responsible solar development.

Inns touched on the topic mentioned earlier about solar-specific buffering standards.

“We recognize solar is a unique use and should have specialized buffer requirements,” Inns said.

Another suggestion by the company was in regards to the decommission of the projects once they have finished, and to allow the land to have time to “rest” so it can become the same or more productive farmland.

Board member Scott Wooldridge asked what happens to the panels once they reach the end of life. Inns said that, primaril, panels are recycled, being made of mostly glass and steel, and that solar companies such as First Solar have recycling programs where what can be recycled is and the rest is handled responsibly.

Larry Sedam, a Hancock County resident and frequenter of plan commission meetings, said he believes this is like warehouses but in a different form.

Sedam said that solar farms would be put in areas where there is growth potential and if the 100-acre cap is lifted then he believes that many people would be upset, not wanting 1,000 acres of solar farms.

Steve Elsbury, attorney and member of the local Farm Bureau board, said he had shared a Purdue University study with Brooks and Inns that showed research on commercial solar energy systems in the state of Indiana.

The study included the approval method and showed that 16 counties permit the use by right in an AG district, 23 counties require a special exception and seven counties would require rezoning.

After public comments concluded, the board decided not to rush changes to the ordinance and mentioned to be cautious and advertise when the updated ordinance is ready to go to the commissioners. While a future timeline has been discussed, it is not finalized and is subject to change.