HomeMy WebLinkAboutSP202100006 Other 2021-02-26ADDENDA
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Augusta County Solar Energy System Zoning Ordinance
CHAPTER 25. ZONING.
DIVISION A. IN GENERAL.
ARTICLE VI.D. Solar Energy Systems.
§ 25-70. Purpose
The purpose of this ordinance is to provide for the siting, development and
decommissioning of solar energy systems, as a principal land use in Augusta County, subject to
reasonable conditions that promote and protect the public health, safety and welfare of the
community while promoting development of renewable energy resources.
§ 25-70.1 Definitions
Applicant means the owner or operator who submits an application to the locality for a
permit to install a solar energy system under this ordinance.
Disturbance Zone means the area within the site directly impacted by construction and
operation of the solar energy project.
Integrated PV means photovoltaics incorporated into building materials, such as shingles.
Landowner means the person who owns all or a portion of the real property on which a
solar energy project is constructed.
Non -participating landowner means a person who owns real property that may be
affected by a solar energy project and is not under lease or other property agreement with the
owner or operator of the solar energy system.
erator means the person responsible for the overall operation and management of a
solar energy system.
Owner means the person who owns all or a portion of a solar energy system.
Photovoltaic or PV means materials and devices that absorb sunlight and convert it
directly into electricity by semiconductors.
Rated capacity means the maximum capacity of a solar energy project based on the sum
total of each photovoltaic system's nameplate capacity.
Site means the area containing a solar energy system.
Small solar energy system. An energy conversion system, operating as a principal land
use, consisting of photovoltaic panels, support structures, and associated control, conversion, and
transmission hardware occupying less than one-half acre of total land area.
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Large solar energy system. An energy conversion system, operating as a principal land
use, consisting of photovoltaic panels, support structures, and associated control, conversion, and
transmission hardware occupying one-half acre or more of total land area. Also known as solar
energy arrays or solar energy farms.
§ 25-70.2 Applicability
This ordinance applies to all solar energy systems, operating as principal land uses,
proposed to be constructed after the effective date of this ordinance. Solar energy systems
constructed prior to the effective date of this ordinance shall not be required to meet the
requirements of this ordinance.
§25-70.3. Use of consultant
The County reserves the right to employ the services of an energy consultant to review all
applications. All applicable costs will be the responsibility of the applicant. The
recommendations of the consultant will be considered by the Board of Supervisors in making
their decision as to whether or not to issue a Special Use Permit for a solar energy system.
§ 25-70.3 Uses permitted by Special Use Permit by the Board of Zoning Appeals
The uses listed in this section shall be permitted within the General Agriculture, General
Business, and General Industrial zoning districts only upon the issuance of a Special Use Permit
by the Board of Zoning Appeals pursuant to the provisions of ARTICLE LVIII of this chapter.
A. General standards applicable to all Special Use Permits. No Special Use Permit shall
be issued without consideration that, in addition to conformity with any standards set
forth in this chapter for Special Use Permit uses, the following general standards will
be met either by the proposal made in the application or by the proposal as modified
or amended and made par of the Special Use Permit:
1. Conformity with Comprehensive Plan and policies. The proposal as submitted
or as modified shall conform to the Comprehensive Plan of the county or to
specific elements of such plan, and to official policies adopted in relation
thereto, including the purposes of this chapter.
2. Impact on neighborhood. The proposal as submitted or as modified shall not
have undue adverse impact on the surrounding neighborhood.
3. Small solar enemy systems shall be permitted in General Agriculture (GA),
General Business (GB), and General Industrial (GI) zoning districts subject to
compliance with this article.
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B. Standards anulicablc to small solar cncrev systems
1. Setbacks. All equipment and accessory structures associated with the small
solar energy system shall be setback twenty five (25') feet from side and rear
property lines and fifty (50') feet from the right of way of any public or
private street, unless the Board of Zoning Appeals determines that a
greater setback would more adequately protect adjoining land uses.
Setback areas shall be kept free of all structures and parking lots.
a) Setbacks shall not be required along property lines adjacent to other
parcels which are part of the solar energy system; however, should
properties be removed from the system, setbacks must be installed along
all property lines of those properties remaining within the project and
which are adjacent to a parcel which has been removed.
2. Ground -mounted systems shall not exceed fifteen (15) feet in height when
oriented at maximum tilt.
3. Site control. The applicant shall submit documentation of the legal right to
install and use the proposed system at the time of application.
4. Solar energy systems shall meet or exceed all applicable federal and state
standards and regulations.
5. Signs. No signs or advertising of any type maybe placed on the small solar
energy system unless required by any state or federal agency.
6. The applicant shall submit documentation that the design of any buildings and
structures associated with or part of the solar energy system complies with
applicable sections of the Virginia Uniform Statewide Building Code (USBC)
(13 VAC5-63). This requirement includes all electrical components of the
solar energy system.
7. Any glare generated by the system must be mitigated or directed away from
an adjoining property or from any road when it creates a nuisance or safety
hazard.
8. The parcel shall have frontage on a state maintained road or the expected
traffic on a legal right of way can be accommodated by the intersection with
the state maintained road per approval by the Virginia Department of
Transportation.
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§ 25-70.4 Uses permitted by Special Use Permit by the Board of Supervisors
The uses listed in this section shall be permitted within the General Agriculture and
General Business zoning districts, and not in the General Industrial zoning districts, only upon
the issuance of a Special Use Permit by the Board of Supervisors pursuant to the provisions of
ARTICLE LVIII of this chapter.
A. General standards applicable to all Special Use Permits.
No Special Use Permit shall be issued without consideration that, in addition to
conformity with any standards set forth in this chapter for Special Use Permit uses, the
following general standards will be met either by the proposal made in the application or
by the proposal as modified or amended and made part of the Special Use Permit:
1. Conformity with Comprehensive Plan and policies. The proposal as submitted
or as modified shall conform to the Comprehensive Plan of the county or to
specific elements of such plan, and to official policies adopted in relation
thereto, including the purposes of this chapter.
2. Impact on neighborhood. The proposal as submitted or as modified shall not
have undue adverse impact on the surrounding neighborhood.
B. Large Solar Energy Systems shall be permitted by a Special Use Permit provided
that:
1. The primary use of the system is electrical generation to be sold to the
wholesale electricity markets and not used primarily for the onsite
consumption of energy by a dwelling or commercial building.
§ 25-70.5 Applications and Procedures
In addition to the requirements of article LXVII, "Site Plan Review," and article LVIII,
"Special Use Permits Procedures," applications for a large solar energy system shall include the
following information:
A. Community Meeting
Prior to submittal of an application, the applicant shall hold a meeting to inform the
community about the planned solar energy system installation. Said meeting shall be
open to the public. Notice of the date, time, and location of the meeting, as well as a
contact name and phone number of the project representative and a summary of the
request, shall be delivered by first class mail to all property owners as noted in the
Augusta County tax records within one (1) mile of the perimeter of the project. Such
notice shall be mailed so as to be delivered at leave five (5) and no more than twenty-
one (21) working days prior to the community meeting. Upon conclusion of the
community meeting, a mailing list of property owners notified, a sign -in sheet from
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the meeting, an agenda from the meetings, and a written summary of the meeting
shall be included with the application.
B. Project description
A narrative identifying the applicant and describing the proposed solar energy system,
including an overview of the project and its location; approximate rated capacity of
the solar energy system; the approximate number, representative types and expected
footprint of solar equipment to be constructed, and a description of ancillary facilities,
if applicable.
C. Submission of a Cost Benefit Analysis
An assessment of the impact on the immediate vicinity of the proposed solar energy
system as well the greater Augusta County community shall be submitted by a
professional.
D. Site plan.
The site plan shall conform to the preparation and submittal requirements of article
LXVII, "Site Plan Review," including supplemental plans and submissions, and shall
include the following information:
1. Property lines and setback lines.
2. Existing and proposed buildings and structures, including location(s) of the
proposed solar equipment.
3. Existing and proposed access roads, drives, turnout locations, and parking.
4. Location of substations, electrical cabling from the solar systems to the
substations, accessory equipment, buildings, and structures, including those
within any applicable setbacks.
5. Additional information may be required, as determined by the Zoning
Administrator, such as a scaled elevation view and other supporting drawings,
photographs of the proposed site, photo or other realistic simulations or modeling
of the proposed solar energy project from potentially sensitive locations as
deemed necessary by the Zoning Administrator to assess the visual impact of the
project, landscaping and screening plan, coverage map, and additional
information that may be necessary for a technical review of the proposal.
6. Documentation shall include proof of control over the land or possession of the
right to use the land in the manner requested. The applicant may redact sensitive
financial or confidential information.
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7. The application shall include a decommissioning plan and other documents
required by Section 25-70.8 of this ordinance.
8. The applicant shall provide proof of adequate liability insurance for a large solar
energy system at the time of application.
§ 25-70.6 Location, Appearance and Operation of a Project Site
A. Visual impacts
The applicant shall demonstrate through project siting and proposed mitigation, if
necessary, that the solar project minimizes impacts on the visual character of a scenic
landscape, vista, or scenic corridor.
B. Ground -mounted systems shall not exceed fifteen (15) feet in height when oriented at
maximum tilt.
C. Sienaee.
Warning signage shall be placed on solar equipment to the extent appropriate. Solar
equipment shall not be used for displaying any advertising except for reasonable
identification of the manufacturer or operator of the solar energy project. All signs, flags,
streamers or similar items, both temporary and permanent, are prohibited on solar
equipment except as follows: (a) manufacturer's or installer's identification; (b)
appropriate warning signs and placards; (c) signs that may be required by a state or
federal agency; and (d) signs that provide a 24-hour emergency contact phone number.
D. Noise.
Audible sound from a solar energy system shall not exceed 60 dBA (A -weighted
decibels), as measured at any adjacent non -participating landowner's property line. The
level, however, may be exceeded during short-term exceptional circumstances, such as
severe weather.
E. Setbacks.
All equipment, accessory structures and operations associated with a large solar energy
system shall be setback at least two -hundred feet (200') from all property lines and at
least one thousand feet (1,000') from any residentially zoned properties; unless the
Board of Supervisors is satisfied that different setbacks are adequate to protect
neighboring properties.
1. Setbacks shall be kept free of all structures and parking lots.
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2. Setbacks shall not be required along property lines adjacent to other parcels which
are part of the solar energy system; however, should properties be removed from
the system, setbacks must be installed along all property lines of those properties
remaining within the project and which are adjacent to a parcel which has been
removed.
F. Ocular impact study.
An ocular impact study shall be performed for airports within five miles of the project
site, for public roads within sight of the system, and from scenic highways and overlooks.
The analysis shall be performed using FAA Solar Glare Hazard Analysis Tool (SGHAT)
to demonstrate compliance with FAA standards for measuring ocular impact.
G. Buffering.
A buffer yard shall be provided and maintained adjacent to any property line, except
those property lines interior to the solar energy system, and landscaped in one (1) of two
(2) ways. If a property ceases being used for the solar energy system, buffering will be
required along all property lines adjacent to the property which has been removed.
Alternative 1: A ten foot (10') wide strip of land with a six foot (6) opaque
privacy fence, wall, berm or combination thereof. Opaque privacy fences shall he
construction of good quality materials such as vinyl, pressure treated lumber,
brick, stone, or similar materials approved by the Zoning Administrator. For the
purposes of this chapter tarps, car covers tents, fabric, chain link fences with slats,
or similar materials shall not be deemed to satisfy the requirements of opaque
fencing.
Alternative 2: A twenty foot (20') wide strip of land with 2 evergreen trees, 2
canopy trees, 2 understory trees and 24 shrubs planted per fifty linear feet (50') of
buffer. The trees shall he a minimum of six feet (6') at the time of planting and
the shrubs shall be a minimum of eighteen inches (I8") at the time of planting.
A. The applicant is free to choose from Alternatives I or 2. Buffers planted
below overhead utility lines shall apply any of the allowed buffer
altematives, except that understory trees shall replace any canopy trees at
a rate of two (2) understory trees per required canopy tree.
B. Plant and structure location within buffer. The placement of required
plants and structures shall be the decision of the applicant; however, they
shall be located so as to achieve the maximum level of protection. Plant
material shall meet the buffer requirements every fifty feet (50'). Buffer
areas not retained in native habitat shall be seeded or sodded with lawn
and maintained at a height of no more than 15 inches, established with
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ground cover, or mulched with organic mulch. Inorganic ground cover
shall not exceed fifty percent (50%) of the total required area of the buffer.
C. Where a fence or wall is used as part of a buffer, the decorative side of the
fence or wall shall be faced to the adjacent property.
D. Permitted structures in buffer area.
1. Where walls are placed within any required buffer area:
a. No walls of exposed concrete block are permitted, whether
painted or not.
b. The applicant shall be required to demonstrate provisions
for access and maintenance of landscaping and the wall
structure at the time of site plan approval.
c. Breaks in the wall may be provided for pedestrian and
vehicular connections to adjacent developments.
2. Where berms are placed within any required buffer area:
a. A berm or combination of materials such as a berm and a
fence shall be a minimum six feet (6') in height.
b. Berms shall have slopes of not less than three feet (3')
horizontal for each one foot (1) vertical.
c. Slopes in excess of three feet (3') horizontal for each one
foot (1) vertical may be permitted if sufficient erosion
control methods are taken and deemed by the Zoning
Administrator to be maintainable.
3. Where opaque privacy fences are placed within any required buffer
area:
a. No reduction in buffer width shall he provided based on the
provision of a chain -link fence.
b. Fences shall he a minimum of six feet (6') in height unless
paved with a berm and in such case the combination of
berm and fence shall be a minimum of six feet (6') in
height.
c. Breaks in the fence may be provided for pedestrian and
vehicular connections to adjacent developments.
d. Fences shall be maintained in a structurally safe and
attractive condition and with finished faces located towards
the adjacent property.
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E. Permitted use of buffer area. A buffer area shall not be used for anything
except:
Passive recreation and picnic facilities, including pedestrian and
bike trails.
2. Other appurtenances which require high visibility and easy access,
such as fire hydrants and utilities, public and emergency
telephones, mail boxes, and bus shelters, or benches, are also
permitted in a buffer. No screening of such appurtenances shall be
required or permitted.
3. Access ways when necessary to provide access to adjacent
properties.
4. A required buffer is encouraged to retain areas of native habitat
and may incorporate water resources including stormwater
management facilities. However, the minimum width of the buffer
shall be preserved as a planting area and there shall be no reduction
in buffer width based on the stormwater management facilities.
F. Alternative compliance. The buffer requirements may be modified by the
Board of Supervisors upon a finding that a modification would be
consistent with the purpose of this ordinance, this section, and the adopted
plans and policies of the county; that such modification would not
adversely affect the land use compatibility or public interest; and that the
subject parcel or modified buffer complies with one (1) or more of the
following criteria:
1. The buffer is parallel and adjacent to an existing utility or drainage
easement of at least one hundred feet (100') in width.
2. The buffer is between uses that are to be developed under a
common development plan or series of development plans.
3. The buffer is parallel and adjacent to an existing railroad right-of-
way;
4. The topography of the parcel is such that buffering would not be
effective;
5. The property is adjacent to an established industrial use;
6. There is existing vegetation either on this lot or the adjacent lot to
provide the required buffer benefits.
Financial hardship due to meeting the requirements of this section shall not be
sufficient justification for alternative compliance.
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G. Site Plan. Landscaping of buffer yards shall be shown on the site plan in
accordance with the standards in Division J ARTICLE LXVII "Site Plan
Review" and shall be provided and maintained in accordance with sound
horticultural practices.
H. Fencing.
All property containing panels must be enclosed with chain link fencing
seven feet (7') tall, topped with barbed wire, and secured with gates.
§ 25-70.7 Safety and Construction
A. Design
The applicant shall submit documentation that the design of any buildings and structures
associated with or part of the solar energy project complies with applicable sections of
the Virginia Uniform Statewide Building Code (USBC) (13VAC5-63). This requirement
includes all electrical components of the solar energy project.
B. Construction and installation
In the construction and installation of a large solar energy system, the owner or operator
shall install all electrical wires associated with the large solar energy system underground
unless the applicant can demonstrate the necessity for aboveground installations as
determined by the Board of Supervisors.
C. Ground water monitoring
Ground water monitoring to assess the level of groundwater contamination shall take
place prior to and upon completion of construction of the project throughout the area of
the solar energy system. Ground water monitoring shall take place every five (5) years of
the operation of the project, and upon completion of decommissioning. Results from said
monitoring shall be delivered to the Virginia Department of Health, Augusta County
Department of Community Development and the Augusta County Service Authority.
Any adverse impacts identified %ill be mitigated by the oss ner of the solar energy
facilit% to the nrooem owner's satisfaction.
D. Traffic Impact Statement and or Analysis
As part of the project application, the applicant shall submit a traffic impact statement. If
required by the Virginia Department of Transportation, the applicant shall submit a
Traffic Impact Analysis found to be in compliance with the requirements of Chapter 527
(24VAC30-155).
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§ 25-70.8 Decommissioning
A. Decommissioning plan
As part of the project application, the applicant shall submit a decommissioning plan,
which shall include the following: (1) the anticipated life of the project; (2) the estimated
decommissioning cost in current dollars; (3) how said estimate was determined; (4) the
method of ensuring that funds will be available for decommissioning and restoration; (5)
the method that the decommissioning cost will be kept current; and (6) the manner in
which the project will be decommissioned and the site restored.
B. Discontinuation or Abandonment of Project
1. Thirty (30) days prior to such time that a large solar energy system is scheduled to be
abandoned or discontinued, the owner or operator shall notify the Director of
Community Development by certified U.S. mail of the proposed date of abandonment
or discontinuation of operations. Any solar project that has been inoperable or
unutilized for a period of 12 consecutive months shall be deemed abandoned and
subject to the requirements of this section.
2. Within 365 days of the date of abandonment or discontinuation, the owner or operator
shall complete the physical removal of the solar energy project and site restoration.
This period may be extended at the request of the owner or operator, upon approval of
the Board of Supervisors.
3. Decommissioning of discontinued or abandoned large solar energy systems shall
include the following:
a) Physical removal of all solar energy equipment and above -ground appurtenant
structures from the subject property including, but not limited to, buildings,
machinery, equipment, cabling and connections to transmission lines, equipment
shelters, security barriers, electrical components, roads, unless such roads need to
remain to access buildings retrofitted for another purpose, or the landowner
submits a request to the Board of Supervisors that such roads remain.
b) Below -grade structures, such as foundations, underground collection cabling,
mounting beams, footers, and all other equipment installed with the system shall
be completely removed: however, these structures may be allowed to remain if a
written request is submitted by the landowners and a waiver is granted by the
Board of Supervisors.
c) Compacted soils shall be decompacted as agreed to by the landowner.
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d) Restoration of the topography of the project site to is pre-existing condition,
except that any landscaping or grading may remain in the after -condition if a
written request is submitted by the landowner and a waiver is granted by the
Board of Supervisors.
e) Proper disposal of all solid or hazardous materials and wastes from the site in
accordance with local, state, and federal solid waste disposal regulations.
§ 25-70.9 Bonding
Prior to the issuance of a Building Permit for a solar energy system, the applicant shall:
A. Submit to the Zoning Administrator an itemized cost estimate of the work to be done to
completely remove the entire solar energy system plus twenty-five percent (25%) of said
estimated costs as a reasonable allowance for administrative costs, inflation, and potential
damage to existing roads or utilities.
B. Submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the
County in the amount of the estimate as approved by the Zoning Administrator shall:
Secure the cost of removing the system and restoring the site to its original
condition to the extent reasonably possible; and
2. Include a mechanism for a Cost of Living Adjustment after ten (10) and
fifteen (15) years.
C. The applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall
remain in full force and effect until the Community Development Department has
inspected the site and verified that the solar energy system has been removed. At which
time the Community Development Department shall promptly release the bond,
irrevocable Letter of Credit, or other surety.
Ord. 6/27/18
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