061-25 - PULASKI COUNTY ORDINANCE 2025-03
ORDINANCE of
THE BOARD OF COMMISSIONERS OF PULASKI COUNTY, INDIANA
PULASKI COUNTY ORDINANCE 2025-03
AMENDMENT TO THE
UNIFIED DEVELOPMENT ORDINANCE OF PULASKI COUNTY
WHEREAS, The Pulaski County Board of Commissioners (hereinafter referred to as “the County”) have the power and authority to amend the development fee schedule pursuant to Ind. Code 36-2-4-8; and
WHEREAS, the Advisory Plan Commission (hereinafter referred to as “PCAPC”) did on February 6, 2025 hold a special session to continue discussion recommending text amendments to the Pulaski County Unified Development Ordinance No. 2022-05 (UDO) Section 2.3 as it pertains to Applications for All Solar Energy Systems and Section 7 as it pertains to Wind Energy Convergence and Solar Energy Systems. The following amendments to this portion of the UDO have been presented to the County for their consideration.
Whereas said amendments were initiated by the PCAPC;
Whereas the PCAPC did favorably certify said amendments;
Whereas the proposed amendments are attached hereto; and
Whereas all statutory obligations pertaining to this process were met,
Whereas recommended UDO alterations were accepted with a vote of 7 in favor of; 0 opposed; 1 abstained are as follows;
2.3.R.2.b. Application for All Solar Energy Systems-Applications for Accessory Use SES
A site layout plan drawn to a scale that allows the plan administrator to reasonably ascertain the size and scope of the project in relation to the surrounding area. The plan should include the following information:
1) address, general location, acreage, and parcel number(s) of subject property
2) Legal Description
3) location/key with north arrow
4) property dimensions
5) existing and proposed buildings and solar panels, with required setbacks
6) any existing wetlands and floodplains
7) existing and proposed building setbacks and separation
8) delineation of all requested variant development standards (if applicable)
9) approximate locations of neighboring uses and structures
10) REPEALED
11) map scale
12) dated signature of applicant and owner, if different
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7.1.C.1. Applicability
The provisions of this Section are applicable to those districts which allow WECS and/or SES, govern the siting of WECS, SES, and substations that generate electricity to be sold to wholesale or retail markets, or that generate electricity for commercial use. Residential use is exempt from these terms. CSES/WECS applicant shall notify all property owners via certified mailing-form 3800 within the defined area up to 2,640’ of the WECS or SES project 45-60 days prior to submitting application for a WECS and/or CSES permit. Additional notification may be done by media, separate mailings, or through the public notice requirements prescribed by IC 5-3-1 as amended from time to time. Said notice shall inform land owners of the intent to build a WECS and/or SES. Any recorded plat or any part of any recorded plat may be vacated by the owner(s) of the premises at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. The vacation of a plat is subject to the approval of the Plan Commission. The modification will not in any manner contravene provisions of this Ordinance, the Comprehensive Plan, or the Official Zoning Map, as determined by the Plan Commission.
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7.14.B.3. Safety, Design, and Installation Standards for SES
The planting of landscaping along the perimeter of the CSES shall be required on the outside of the perimeter fencing along road frontage of solar panels and all equipment and fencing for CSES and facing all habitable dwellings fit for human occupation on non-participating properties within a half (1/2) mile of a CSES.
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7.16.A. SES Operations & Maintenance
Physical Modifications
Any material change and parcel “swap/addition/trade” in layout or major equipment that is a part of the CSES shall require reapplication. Like-kind replacements or other ordinary repair and maintenance shall not require re-application.
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7.17 Commercial SES Setbacks Table 7.3 Minimum Setbacks Distance from A...
Minimum Setback Distance From any CSES component (including all CSES site fencing) to either side of an internal ditch - 75’
From any CSES component (including all CSES site fencing) to a non-participating/non-included property line or any right-of-way - 150’
From an inverter or converter to a communications tower 1.1 times the total height of the tower
~~~
7.20 Commercial SES Post-Construction Requirements
A. Post-construction, the owner/operator must comply with the following provisions. 1. Any road damage caused by the construction of project equipment, the installation of the same, or the removal of the same, shall be repaired pursuant to all expectations and requirements set forth in the RUMA or any additional addendums or agreements made between the Pulaski County garage superintendent and developer/owner/operator.
~~~
2.3.R.3.c. Any other item reasonably requested by the Building Inspector
WHEREAS, the County being duly advised now approves said recommendations by the PCAPC; and
THEREFORE, BE IT ORDAINED THAT:
The Pulaski County Unified Development Ordinance is hereby amended to the following language as follows:
2.3.R.2.b. Application for All Solar Energy Systems-Applications for Accessory Use SES
A site layout plan drawn to a scale that allows the plan administrator to reasonably ascertain the size and scope of the project in relation to the surrounding area. The plan should include the following information:
1) address, general location, acreage, and parcel number(s) of subject property
2) Legal Description
3) location/key with north arrow
4) property dimensions
5) existing and proposed buildings and solar panels, with required setbacks
6) any existing wetlands and floodplains
7) existing and proposed building setbacks and separation
8) delineation of all requested variant development standards (if applicable)
9) approximate locations of neighboring uses and structures
10) REPEALED
11) map scale
12) dated signature of applicant and owner, if different
~~~
7.1.C.1. Applicability
The provisions of this Section are applicable to those districts which allow WECS and/or SES, govern the siting of WECS, SES, and substations that generate electricity to be sold to wholesale or retail markets, or that generate electricity for commercial use. Residential use is exempt from these terms. CSES/WECS applicant shall notify all property owners via certified mailing-form 3800 within the defined area or up to 2,640’ of the WECS or SES project 45-60 days prior to submitting application for a WECS and/or CSES permit. Notification may be done by media, separate mailings, or through the public notice requirements prescribed by IC 5-3-1 as amended from time to time. Said notice shall inform land owners of the intent to build a WECS and/or SES. Any recorded plat or any part of any recorded plat may be vacated by the owner(s) of the premises at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. The vacation of a plat is subject to the approval of the Plan Commission. The modification will not in any manner contravene provisions of this Ordinance, the Comprehensive Plan, or the Official Zoning Map, as determined by the Plan Commission.
~~~
7.14.B.3. Safety, Design, and Installation Standards for SES
The planting of landscaping along the perimeter of the CSES shall be required on the outside of the perimeter fencing along road frontage of solar panels and all equipment and fencing for CSES and facing all habitable dwellings fit for human occupation on non-participating properties within a half (1/2) mile of a CSES.
~~~
7.16.A. SES Operations & Maintenance
Physical Modifications
Any material change and parcel swap/addition/trade in layout or major equipment that is a part of the CSES shall require reapplication. Like-kind replacements or other ordinary repair and maintenance shall not require re-application.
~~~
7.17 Commercial SES Setbacks Table 7.3 Minimum Setbacks Distance from A...
Minimum Setback Distance From any CSES component (including all CSES site fencing) to either side of an internal ditch - 75’
From any CSES component (including all CSES site fencing) to a non-participating/non-included property line or any right-of-way - 150’
From an inverter or converter to a communications tower 1.1 times the total height of the tower
~~~
7.20 Commercial SES Post-Construction Requirements
A. Post-construction, the owner/operator must comply with the following provisions. 1. Any road damage caused by the construction of project equipment, the installation of the same, or the removal of the same, shall be repaired pursuant to all expectations and requirements set forth in the RUMA or any additional addendums or agreements made between the Pulaski County garage superintendent and developer/owner/operator.
~~~
2.3.R.3.c. Any other item reasonably requested by the Building Inspector
SO BE IT ORDAINED THAT:
The Unified Development Ordinance of Pulaski County No. 2022-05, is hereby amended as favorably recommended by the PCAPC and as attached hereto. As amended hereby, the UDO shall be in full force and effect March 3rd, 2025.
Passed and adopted by the County Commissioners of Pulaski County, Indiana on March 3rd, 2025.
Donald “Don” Street, President
John M. “Mike” McClure, Vice-President
Jennifer “Jenny” Knebel, Member
Attest: Teresa Bryant, Auditor
061-25 G 3/12