8-4-54: POWER FACILITIES:

   A.   Applicability: This Section applies to any power facility listed under the Infrastructure-Utilities category in Table 8-2-23-2 (Use Table).

   B.   General Standards:

      1.   Electric Distribution Line:

         a.   Electric distribution line shall be a principal permitted use. Master site plan approval shall not be required.

         b.   Electric distribution line rights of way are exempt from Section 8-3-7 (Landscaping and Screening).

         c.   Electric distribution line shall comply with subsection 8-3-2O (transmission line corridors).

      2.   Electric Subtransmission Line:

         a.   Electric subtransmission line shall be a principal permitted use. Master site plan approval shall be required. A parking plan is not required with the master site plan application unless a parking area is proposed with the subtransmission line.

         b.   Electric subtransmission line rights of way are exempt from Section 8-3-7 (Landscaping and Screening).

         c.   Electric subtransmission line shall comply with subsection 8-3-2O (transmission line corridors).

      3.   Electric Transmission Line And Substation:

         a.   Electric transmission line and substations require conditional use approval. Master site plan approval shall be required.

         b.   All electric transmission line rights of way are exempt from Section 8-3-7 (Landscaping and Screening).

         c.   Electric substations and other utility structures are considered outdoor storage areas and shall meet the standards in Section 8-4-49.

         d.   Towers for the purpose of communicating from the substation to remote devices shall be deemed an accessory use to an approved substation, provided that the pole and antenna are no taller than the existing towers.

         e.   Electric transmission line and substations shall comply with subsection 8-3-2O (transmission line corridors).

         f.   Transmission lines shall comply with the Avian Power Line Interaction Committee's (APLIC) guidelines.

      4.   Centralized Or Distributed Power Facilities:

         a.   Centralized or Distributed Power Facilities require conditional use and master site plan approval.

         b.   No power facility shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator.

         c.   The power facility shall comply with subsection 8-3-5C.

         d.   The power facility shall comply with all local, state, and federal regulations.

         e.   Installation of an anemometer or similar devices shall be reviewed as a temporary use.

   C.   Specific Standards Applicable To Centralized Power Facilities:

      1.   Standards Applicable To All Centralized Power Facilities:

         a.   The minimum property size shall be ten (10) acres.

         b.   Centralized power facilities, excluding Energy Storage Facilities, shall not be located within an area of impact.

         c.   Approval may be required from the appropriate agency, including, but not limited to, the following: Federal Energy Regulatory Commission, Federal Aviation Administration, National Guard, Mountain Home military base, Idaho Bureau of Aeronautics, Boise Airport Director, IPUC, Idaho Power Company compliance, Idaho Fish and Game, U.S. Department of Fish and Wildlife, Idaho Department of Water Resources, Idaho Department of Environmental Quality, Ada County Emergency Communications Division, Idaho Bureau of Homeland Security Public Safety Communications, and the appropriate fire authority as a condition of approval.

         d.   The master site plan for the proposed centralized power facility shall include a map of the proposed transmission line corridors and any proposed or existing substations, if any.

      2.   Additional Standards for Certain Centralized Power Facilities

         a.   Biomass Facility:

            (1)   The minimum property size shall be ten (10) acres.

            (2)   The application shall identify the specific location and type of all fuel sources for the biomass facility, and the method of gathering and delivering the fuel to the site.

            (3)   Mass burn facilities shall not use waste containing hazardous materials as a fuel source.

         b.   Hydroelectric Facility:

            (1)   Major earthwork associated with construction and maintenance shall be scheduled to minimize soil disturbance between December 1 and April 15.

            (2)   Any removal of riparian vegetation along watercourses shall be replaced at a ratio of two to one (2:1).

            (3)   A master site plan approval is not required for a hydroelectric facility, relating to a seasonal irrigation canal.

         c.   Solar Facility:

            (1)   The minimum property size shall be ten (10) acres.

            (2)   Solar facilities shall not be located on prime farmland, farmland of statewide importance, and farmland of local importance unless it can be demonstrated that the land is not economically viable for agricultural production through one or more of the following:

               (A)   NRCS or qualified soil scientist determination that mapped prime soils on the site are not functioning as prime due to drainage, flooding, salinity, slope, or other limiting conditions.

               (B)   Documented crop yields from the parcel, verified through farm records or USDA Risk Management Agency data, show sustained production below fifty percent (50%) of the county average yield for the same crop type over the past five (5) consecutive years.

               (C)   A profitability analysis, using state extension service enterprise budgets or equivalent sources, demonstrates that average net returns per acre over the past five (5) years are either negative or more than twenty-five percent (25%) below benchmark enterprise budgets for the predominant crop(s).

               (D)   The soils in question have a productivity rating below the regional benchmark commonly used to identify high-value agricultural soils.

            (3)   Solar equipment shall meet the required setbacks for the district in which it is located.

            (4)   All solar panels shall be constructed to minimize glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic, including air traffic, or create a safety hazard for people or wildlife.

            (5)   Ground mounted solar arrays are exempt from lot coverage and impervious surface requirements if the area under the system remains permeable.

               (A)   Application Requirements:

                  i.   A decommissioning plan that includes, but is not limited to, the anticipated life of the ground solar equipment, disposal methods of the equipment, the way the site will be restored, and the timeline for the removal of the ground solar equipment following the cessation of operations or irreparable damage to panels or equipment. The applicant shall also provide the method in which the panels or components will be recycled at the end of their useful life. Decommissioning shall be completed in accordance with the approved decommissioning plan.

                  ii.   A fire protection plan that provides fire protection measures and describes fire suppression methods for the construction and operation of the energy project. The applicable fire authority shall approve the fire protection plan as a condition of approval.

                  iii.   An emergency response plan that outlines procedures for safe shutdown, de-energizing or isolation of equipment and systems under emergency conditions.

                  iv.   A vegetative management plan that includes methods for managing noxious weeds, proposed vegetation on the site along with locations, and justification for proposed vegetation or lack thereof.

         d.   Energy Storage Facility:

            (1)   Battery energy storage systems shall meet the minimum setback for the district in which it is located.

            (2)   Perimeter security fencing shall comply with federal requirements and shall be designed to prevent public entry. Fencing shall be maintained in good condition until the installation is dismantled and removed from the site.

               (A)   Application Requirements:

                  i.   A fire protection plan that provides fire protection measures and describes fire suppression methods for the construction and operation of the energy project. The applicable fire authority shall approve the fire protection plan as a condition of approval.

                  ii.   An emergency response plan that outlines procedures for safe shutdown, de-energizing or isolation of equipment and systems under emergency conditions and a plan for training local first responders on appropriate response procedures.

                  iii.   A decommissioning plan that includes, but is not limited to, the anticipated life of the equipment, disposal methods of the equipment, the timeline for removal of the equipment following irreparable damage or cessation of operations. The applicant shall also provide the method in which the components will be recycled at the end of the useful life. Decommissioning shall be completed in accordance with the approved decommissioning plan.

   D.   Financial Assurance:

      1.   Timing: Prior to issuance of any grading or building permits, the applicant shall provide irrevocable financial assurance in an amount sufficient to cover the full estimated cost of decommissioning and reclamation.

      2.   Cost Estimates: All decommissioning cost estimates shall be prepared by an independent professional engineer approved by the County. The County reserves the right to require peer review by a County-selected engineer at the owner or applicant's expense.

      3.   Acceptable Forms Of Security:

         a.   A standby letter of credit;

         b.   A bond; or

         c.   Another form of security acceptable to Ada County, provided the County finds that such security provides equivalent or greater protection.

      4.   Requirements: The financial assurance shall:

         a.   Name Ada County as the sole beneficiary;

         b.   Be issued by a financial institution with a minimum A rating from S&P Global Ratings, Moody's Investors Service, Fitch Ratings, AM Best, or another nationally recognized rating agency;

         c.   Include an automatic extension provision (evergreen clause) ensuring continuous coverage for the life of the project;

         d.   Be bankruptcy remote, ensuring that the security remains fully enforceable regardless of the insolvency or bankruptcy of the project owner or operator;

         e.   Be in a form and amount approved by the County prior to issuance of any grading or building permit.

      5.   Phasing: The County may approve phased or staged surety amounts based on the lifecycle stage of the solar facility, provided that the security is sufficient to cover decommissioning of the constructed phases at all times.

      6.   Adjustment: The amount of the security shall be reviewed and adjusted at least once every five (5) years, or sooner if the facility undergoes material modifications, using the U.S. GDP Implicit Price Deflator or another inflationary index acceptable to the County.

      7.   County Cost Recovery: The financial assurance shall also cover administrative, legal, engineering, and contracting costs incurred by the County in carrying out decommissioning should the County draw upon the security.

      8.   Annual Reporting: The facility owner/operator shall provide an annual report to Ada County documenting:

         The current status and amount of the financial assurance;

         Updated decommissioning cost estimates and any supporting documentation;

         Description of changes in facility configuration or ownership affecting decommissioning obligations; and

         Confirmation of continued operation and compliance with this section.

      9.   County Inspection And Enforcement Rights: The County shall have the right to inspect the facility and financial assurance documentation at any time during construction, operation, or decommissioning to ensure compliance.

      The applicant shall provide requested documentation within thirty (30) days of a County request.

      Failure to comply may result in permit suspension, enforcement action, or access to the financial assurance to complete required work.

      10.   Successor Liability: All decommissioning obligations and financial assurance requirements shall run with the land and shall be binding upon the owner's successors and assigns.

      No transfer, assignment, or sale of ownership or controlling interest shall relieve any party of decommissioning obligations without the express written consent of Ada County.

      Successor owners or operators shall provide proof of compliant financial assurance prior to transfer.

      11.   Triggering Of Decommissioning And Abandonment:

      Decommissioning shall be required upon the earlier of:

         a.   Cessation of electricity generation for a continuous period of twelve (12) months, unless the operator demonstrates to the County's satisfaction that the facility will resume commercial operation; or

         b.   Expiration or termination of the Conditional Use Permit.

      If the facility ceases operation for twelve (12) months, the County may issue a Notice of Abandonment. If the owner/operator does not demonstrate intent to recommence operation or begin decommissioning within ninety (90) days of notice, the County may access the financial assurance to complete decommissioning.

      12.   Default:

      Failure to maintain required financial assurance constitutes a violation of this ordinance and grounds for suspension or revocation of the Conditional Use Permit.

      Upon default, Ada County may draw upon the financial assurance to complete decommissioning and site restoration.

      The County shall have full discretion in the use of security funds to complete or contract for decommissioning activities.

      13.   Transfer Of Ownership: Any transfer or assignment of ownership of an approved solar facility shall be contingent upon the successor owner/operator providing financial assurance meeting all requirements of this section, with no lapse in coverage.

   E.   Specific Standards For Certain Distributed Power Facilities:

      1.   Geothermal Resources: Direct use of geothermal resources for heating spas, greenhouses, and other similar uses shall not constitute a distributed power facility.

      2.   Solar Facility:

         a.   All solar panels shall be constructed to minimize glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic, including air traffic, or create a safety hazard for people or wildlife.

         b.   Roof mounted solar equipment shall not exceed five feet (5') above the roof surface and in no case shall the equipment exceed the maximum height of the base district.

         c.   Ground and pole solar equipment shall be prohibited in the required front or side yard.

         d.   Pole solar equipment shall not exceed a maximum height of fifteen feet (15').

         e.   Pole solar equipment shall be set back one and a half feet (1.5') from the property line for every one foot (1') of maximum height or the minimum setback for the district, whichever is greater.

         f.   Ground solar equipment shall meet the minimum setback for the district in which it is located.

      3.   Wind Facility:

         a.   Specific Standards For Rooftop Or Freestanding Wind Tower:

            (1)   Approval may be required from the appropriate agency, including, but not limited to, the following: Federal Energy Regulatory Commission, Federal Aviation Administration, National Guard, Mountain Home military base, Idaho Bureau of Aeronautics, Boise Airport Director, IPUC, Idaho Power Company compliance, Idaho Fish and Game, U.S. Department of Fish and Wildlife, Idaho Department of Water Resources, Idaho Department of Environmental Quality, Ada County Emergency Communications Division, Idaho Bureau of Homeland Security Public Safety Communications, and the appropriate fire authority as a condition of approval.

            (2)   Documentation shall be submitted that describes the expected maximum noise level that will be generated by the facility. If the noise level exceeds the applicable standard set forth below, an acoustical study shall be prepared by a licensed professional that demonstrates how the facility will comply with the maximum allowed noise level.

            (3)   No experimental, homebuilt, or prototype wind turbines shall be allowed.

         b.   Rooftop Wind Facilities:

            (1)   The minimum property size shall be one (1) acre.

            (2)   One rooftop wind facility requires an accessory use.

            (3)   Two (2) or more rooftop wind facilities require a conditional use.

            (4)   Rooftop wind equipment shall not exceed the maximum height of the base district in which it is located.

            (5)   The maximum diameter of the blades shall not exceed five feet (5').

            (6)   Roof mounted wind equipment shall be located so that in the event of failure, no part of the equipment will fall across any property line.

            (7)   Noise emitted from a rooftop wind facility shall not exceed thirty-five (35) decibels (dBA) measured from all external property lines of the subject property.

         c.   Freestanding Wind Facilities:

            (1)   The minimum property size shall be forty (40) acres.

            (2)   One wind tower per forty (40) acres shall be allowed.

            (3)   A property owner shall only be allowed to construct a maximum of two (2) wind towers on their property, including all of their abutting properties.

            (4)   The maximum height shall be one hundred twenty feet (120') including the tip height of the blade.

            (5)   All wind tower facilities shall be located a minimum of one and a half feet (1.5') from all property lines for every one foot (1') of tower height, including the tip height of the blade as illustrated in Figure 8-4-54-1 Wind Facility Fall Zone and Setback (Overhead View Example).

            (6)   In addition to the setback requirements in subsection 8-4-54D3c(5) of this Section, a fall zone for each wind tower facility shall be delineated and permanently restricted from future development, as follows:

               (A)   The fall zone shall consist of the land area centered beneath the wind facility and circumscribed by a circle with a radius equal to the maximum height including the tip height of the blade plus ten feet (10') as illustrated in Figure 8-4-54-1 Wind Facility Fall Zone and Setback (Overhead View Example) and Figure 8-4-54-2 Wind Facility Fall Zone (Side View Example).

   Figure 8-4-54-1 Wind Facility Fall Zone and Setback (Overhead View Example)

               (B)   All future development (with the exception of agricultural structures) is prohibited within the fall zone.

            (7)   Minimum Setback From Overhead Utility Lines: The minimum required setback distance from all overhead utility lines shall be no less than the tower height including the tip height of the blade plus ten feet (10') unless extended by an easement from the overhead utility line company for the fall distance.

            (8)   Maintenance And Removal:

               (A)   Maintenance: All wind facilities and their identification tags, supports, braces, mechanical and electrical equipment, and associated apparatus must be kept fully operable and maintained in a safe, neat, and clean condition.

               (B)   Removal: Any wind facility that is not operated for a continuous period of twelve (12) months or more or that is in an obvious state of disrepair and a threat to public safety will be deemed abandoned and must be removed within sixty (60) days.

            (9)   Shadow Flicker: The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any nonparticipating landowner's property.

            (10)   Color: Wind facilities shall be a neutral, nonreflective color designed to blend with the surrounding environment. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.

            (11)   Minimum Distance From Ground To Blade: Minimum distance between the ground and the tip of the blade closest to the ground in a resting position shall not be less than twenty feet (20').

            (12)   Landscaping: Wind facilities are exempt from Section 8-3-7 (Landscaping and Screening).

            (13)   Lighting: No lighting is allowed, except as required by the Federal Aviation Administration.

            (14)   Uncontrolled Rotation Prevention: All wind turbines must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation creating excessive pressure on the tower structure, rotor blades, and turbine components.

            (15)   Emergency Shutdown: Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet (3') of the meter panel.

            (16)   Director's Review: The conditional use permit shall require a Director's review every five (5) years upon issuance of a zoning certificate. The Director shall review the conditions of approval for compliance.

            (17)   Noise: Noise emitted from a freestanding wind facility shall not exceed forty-five (45) decibels (dBA) as measured from all external property lines of the subject property.

(Ord. 1002, 10-28-2025)