The following provisions apply to all small solar generation facilities:

(1)

Small solar generation facilities located on structures shall comply with all provisions of the Uniform Statewide Building Code.

(2)

Small solar generation facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan or building permit application shall make reference to the specific safety and environmental standards complied with.

(3)

Small solar generation facilities shall be treated with anti-reflection coating.

(4)

The provisions of this subsection may be varied or modified as part of a master plan or proffered condition.

(Amdmt. No. O-21-10, 8-3-21)

The following standards apply to all agricultural solar generation facilities:

(1)

Setbacks for agricultural solar generation facilities shall be 150 feet from the nearest lot line of a parcel not under common ownership, unless mounted on a structure that otherwise meets setbacks.

(2)

Agricultural solar generation facilities located on structures shall comply with all provisions of the Uniform Statewide Building Code.

(3)

Agricultural solar generation facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan or building permit application shall make reference to the specific safety and environmental standards complied with.

(4)

Agricultural solar generation facilities shall be treated with anti-reflection coating.

(5)

The provisions of this subsection may be varied or modified as part of a master plan or proffered condition.

(Amdmt. No. O-21-10, 8-3-21)

A public meeting shall be held prior to the public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The meeting shall be held under the following guidelines:

(1)

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time, and location of the meeting, at least seven but no more than 14 days in advance of the meeting.

(2)

The date, time, and location of the meeting shall be advertised in a newspaper of general circulation in the county by the applicant, at least seven but no more than 14 days in advance of the meeting date.

(3)

The meeting shall be held within the county, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities.

(4)

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant, and provide feedback.

(5)

The applicant shall provide to the zoning administrator a summary of any input received from members of the public at the meeting.

(Amdmt. No. O-21-10, 8-3-21)

In addition to the requirements set forth in section 66-480, an application for a special use permit for a utility-scale solar generation facility shall contain:

(1)

A project narrative identifying the applicant, facility owner, site owner, and operator, if known at the time of application, and describing the proposed large scale solar energy facility, including an overview of the project and its location; the size of the site and the project area; the current use of the site; the estimated time for construction and proposed date for commencement of operations; the planned maximum rated capacity of the facility; the approximate number, representative types and expected footprint of solar equipment to be constructed, including, without limitation, photovoltaic panels; ancillary facilities, if applicable; and how and where the electricity generated at the facility will be transmitted, including the location of the proposed electric grid interconnection.

(2)

A concept plan including the following information:

(a)

Property lines, minimum required setback lines, and any proposed setback lines that exceed the minimum requirements.

(b)

An area map showing the proposed site within a five-mile radius, together with prominent landmarks and physical features.

(c)

Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment.

(d)

Existing and proposed access roads, permanent entrances, temporary construction entrances, drives, turnout locations, and parking, including written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements; provided, however, these requirements shall not exceed VDOT requirements for other types of projects in the underlying zoning district.

(e)

Proposed locations and maximum heights of substations, electrical cabling from the solar systems to the substations, panels, ancillary equipment and facilities, buildings, and structures (including those within any applicable setbacks).

(f)

Fencing or other methods of ensuring public safety.

(g)

Areas where the vegetative buffering will be installed and maintained and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers will be installed and maintained.

(h)

Existing wetlands, woodlands, and areas containing substantial woods or vegetation.

(i)

Identification of recently cultivated lands and predominant soil types (based on publicly-available data) of those lands.

(j)

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, aerial image or map of the site, and additional information that may be necessary for a technical review of the proposal. The planning commission or board of supervisors may also require other relevant information deemed to be necessary to evaluate the application.

(3)

A landscaping and screening plan that addresses the vegetative buffering required, including the use of existing and newly installed vegetation to screen the facility. The plan also must address the use of pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the project area and in the setbacks and vegetative buffering.

(4)

The following materials relating to environmental and cultural resources shall also be submitted:

(a)

A report by the Virginia Department of Historic Resources Virginia Cultural Resource Information System must be submitted to identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

(b)

A copy of the cultural resources review conducted in conjunction with the state Department of Historic Resources for the Department of Environmental Quality permit by rule process. This report shall be in addition to the report required in subsection (a) above and shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed site.

(c)

A report on the potential impacts on wildlife and wildlife habitats at the site and within a two-mile radius of the proposed facility using information provided by the Department of Game and Inland Fisheries or a report prepared by a qualified third party.

(d)

A report on potential impacts on pollinators and pollinator habitats at the site, including but not necessarily limited to the submission of a completed solar site pollinator habitat assessment form as required by the zoning administrator.

(e)

A glint and glare study that demonstrates that the panels will be sited, designed, and installed to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, and other sensitive viewing locations, or that the applicant will use all reasonably available mitigation techniques to reduce glint and glare to the lowest achievable levels. The study will assess and quantify potential glint and glare effects and address the potential health, safety, and visual impacts associated with glint and glare. Any such assessment must be conducted by qualified individuals using appropriate and commonly accepted software and procedures.

(5)

The zoning administrator may accept an application for processing in situations in which some or all of the materials in subsection (4) are unavailable. For utility-scale solar generation facilities less than 15 megawatts in size, the zoning administrator may waive this requirement if it is reasonably expected to be waived in the Department of Environmental Quality permit-by-rule process. However, the final decision whether to act upon, grant, deny, or condition a special use permit notwithstanding these materials not being included in the application lies with the board of supervisors.

(Amdmt. No. O-21-10, 8-3-21)

The following development standards apply to all agricultural and utility-scale solar generation facilities:

(1)

Setbacks generally must exceed 150 feet, although this limit may be varied by an approved special use permit concept plan.

(2)

The facility shall use only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings and reduce glint and glare to levels that meet or exceed industry standards. The board of supervisors may impose conditions requiring that through project siting and proposed mitigation the solar project minimizes impacts on viewsheds, including from residential areas and areas of scenic, historical, cultural, archeological, and recreational significance.

(3)

Utility-scale solar generation facilities must comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A final site plan must reference the specific safety and environmental standards complied with.

(4)

The project area must be set back a distance of at least 75 feet from all public rights-of-way and main buildings on adjoining parcels, and a distance of at least 25 feet from adjacent property lines. Exceptions may be made for adjoining parcels that are owned by the applicant. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas provided that they are generally perpendicular to the property line.

(5)

The project area must be enclosed by security fencing not less than six feet in height and equipped with appropriate anticlimbing device such as strands of barbed wire on top of the fence. Fencing must be installed on the interior of the vegetative buffer required so that it is screened from the ground level view of adjacent property owners. The fencing must be maintained at all times while the facility is in operation.

(6)

A vegetative buffer sufficient to mitigate the visual impact of the facility is required. The buffer must consist of a landscaping strip at least 15 feet wide, located within the setbacks required in subsection (4) above, and must run around the entire perimeter of the project area. The buffer must consist of existing vegetation and, if deemed necessary for the issuance of a special use permit, an installed landscaped strip consisting of multiple rows of staggered trees and other vegetation. This buffer should be made up of plant materials at least three feet tall at the time of planting and that are reasonably expected to grow to a minimum height of eight feet within three years. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers must be used in the vegetative buffer. Fencing must be installed on the interior of the buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation are disturbed, new plantings shall be provided for the buffer. The buffer must be maintained for the life of the facility.

(7)

The project area must be seeded with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers. The project area must be seeded promptly following completion of construction in such a manner as to reduce invasive weed growth and sediment in the project area. The owners and operators also are required to install pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the setbacks and vegetative buffering.

(8)

Ground-mounted solar energy generation facilities may not exceed a height of 20 feet, which shall be measured from the highest natural grade below each solar panel. This limit does not apply to utility poles and the interconnection to the overhead electric utility grid that meet State Corporation Commission requirements.

(9)

Lighting must be limited to the minimum reasonably necessary for security purposes and shall be designed to minimize off-site effects. Lighting on the site shall be dark sky-compliant.

(10)

Large scale solar energy facilities may not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard for, and will not interfere with, airport operations.

(11)

In approving conditions on a special use permit, the board of supervisors may expand, waive, or modify the requirements of this section, but it may not waive subsections (3) and (10).

(Amdmt. No. O-21-10, 8-3-21)

The board of supervisors may impose conditions reasonably designed to mitigate the impacts of any solar generation facility where permitted only by special use permit. Conditions on such a special use permit may include requirements for (i) dedication of real property of substantial value to the county or one of its instrumentalities or (ii) substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of the special use permit, so long as such conditions are reasonably related to the project. In considering any application for a special use permit for a utility-scale solar generation facility, the board of supervisors shall consider the following matters in addition to those otherwise provided in this Chapter:

(1)

The topography of the site and the surrounding area;

(2)

The proximity of the site to, observability from, and impact on urban and residential areas;

(3)

The proximity of the site to, observability from, and impact on areas of historical, cultural, and archaeological significance;

(4)

The proximity of the site to other large scale solar energy facilities, other energy generating facilities, and utility transmission lines;

(5)

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blueways;

(6)

The proximity of the site to, observability from, and impact on public rights-of-way, including, but not limited to, highways, secondary roads, streets, and scenic byways;

(7)

The proximity of the site to, observability from, and impact on recreational areas, such as parks, battlefields, trails, lakes, rivers, and creeks;

(8)

The proximity of the site to airports;

(9)

The preservation and protection of wildlife and pollinator habitats and corridors;

(10)

The proximity of the site to any urban planning area, community planning area, or environmentally or culturally sensitive area identified in the comprehensive plan;

(11)

The size of the site;

(12)

The proposed use of available technology, coatings, and other measures for mitigating adverse impacts of the facility;

(13)

The preservation and protection of prime farmland and silvicultural land in the county;

(14)

With regard to any cash payments or in-kind contributions, the impact of the project on probable future uses of the land if not developed with a solar farm, including any changes in future tax revenues; investments in infrastructure for other types of development that may have occurred in the area, and would be of lesser utility; and the provisions of a siting agreement under sections 15.2-2316.6 et seq. of the Code of Virginia, 1950, as amended; and

(15)

Such other matters as the board of supervisors may deem reasonably related to the application or its impacts.

(Amdmt. No. O-21-10, 8-3-21)

The zoning administrator may exempt applications for facilities smaller than four acres with a rated capacity equal to or less than 1.5 megawatts (MW) that are allowed by-right from some or all of the requirements of section 66-755. For such applications that require a special use permits, the zoning administrator may exempt the application from some or all of the application requirements of section 923.06 as well. However, the final decision on all exemptions from requirements of facilities requiring a special use permit lies with the board of supervisors, and the planning commission or board of supervisors may require the applicant to file all materials required under section 66-755, notwithstanding the waiver issued by the zoning administrator.

(Amdmt. No. O-21-10, 8-3-21)

For the purposes of sections 66-758 through 66-761, the following definitions apply, unless the context requires a different meaning:

Opportunity zone means a census tract in an area of the county that meets the eligibility requirements for designation as a qualified opportunity zone by the U.S. Secretary of the Treasury via his delegation of authority to the Internal Revenue Service.

Solar facility means a commercial solar photovoltaic (electric energy) generation or storage facility, or any portion thereof. "Solar facility" does not include any project that is (i) described in sections 56-594, 56-594.01, or 56-594.2 of the Code of Virginia, 1950, as amended, or Chapter 358 and 382 of the Acts of Assembly 2013, as amended, or (ii) five megawatts or less in plate energy generation.

(Amdmt. No. O-21-10, 8-3-21)

(a)

Any applicant for a solar facility shall give the county written notice to the zoning administrator of the applicant's intent to locate a solar facility in an opportunity zone in the county and request a meeting. The applicant shall meet, discuss, and negotiate a siting agreement with the county.

(b)

The siting agreement may include terms and conditions, including (i) mitigation of any impacts of the solar facility; (ii) financial compensation to the county to address capital needs set out in (a) the county's capital improvement program, (b) the county's current fiscal budget, or (c) the county's fiscal fund balance policy; or (iii) assistance by the applicant in the deployment of broadband, as defined in section 56-585.1:9 of the Code of Virginia, 1950, as amended, in the county.

(Amdmt. No. O-21-10, 8-3-21)

(a)

The county shall have the power to:

(1)

Hire and pay consultants and other experts on behalf of the host locality in matters pertaining to the siting of a solar facility;

(2)

Meet, discuss, and negotiate a siting agreement with an applicant; and

(3)

Enter into a siting agreement with an applicant that is binding upon the county and enforceable against it in any court of competent jurisdiction. Such contract may be assignable at the parties' option.

(b)

If the parties to the siting agreement agree upon the terms and conditions of a siting agreement, the host locality shall schedule a public hearing as for a zoning amendment, for the purpose of consideration of such siting agreement. If a majority of a quorum of the members of the board of supervisors present at such public hearing approve of such siting agreement, the siting agreement shall be executed by the signatures of (i) the county administrator and (ii) the applicant or the applicant's authorized agent. The siting agreement shall continue in effect until it is amended, revoked, or suspended.

(c)

A siting agreement may be processed, and public hearings scheduled, concurrently with a special use permit application for the same solar facility.

(Amdmt. No. O-21-10, 8-3-21)

(a)

Nothing in this article shall be construed to exempt an applicant from any other applicable requirements to obtain approvals and permits under federal, state, or local ordinances and regulations. An applicant may file for appropriate land use approvals for the solar facility under the regulations and ordinances of the county at or after the time the applicant submits its notice of intent to site a solar facility as set forth in subsection (a) of section 66-759.

(b)

Nothing in this article shall affect the authority of the county to enforce its ordinances and regulations to the extent that they are not inconsistent with the terms and conditions of the siting agreement.

(c)

Approval of a siting agreement by the local governing body in accordance with subsection (b) of section 66-760 shall deem the solar facility to be substantially in accord with the county's comprehensive plan.

(d)

The failure of an applicant and the county to enter into a siting agreement may be a factor in the decision of the board of supervisors in the consideration of any land use approvals for a solar facility, but shall not be the sole reason for a denial of such land use approvals.

(Amdmt. No. O-21-10, 8-3-21)

(a)

Definitions. As used in this section, unless the context requires a different meaning:

Decommission means the removal and proper disposal of solar energy equipment, facilities, or devices related to a utility-scale solar energy facility. The term includes the reasonable restoration of the real property, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

Solar energy equipment, facilities, or devices means any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight.

(b)

Decommissioning plan. A site plan for a utility-scale solar generation facility shall include a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if it is deemed abandoned. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator or as provided in the agreement provided for in subsection (c), provided that the update shall be no more frequently than once every five years and no less frequently than once every ten years.

(c)

Surety for decommissioning. As a condition of the approval of a site plan for a utility-scale solar generation facility, the owner, lessee, or developer of the project (the "responsible party") shall enter into a written project development agreement with the county, setting forth, at a minimum, that (i) if the facility ceases generating electricity for more than 12 consecutive months, the responsible party will provide for its decommissioning; (ii) if the owner, lessee, or developer defaults in the obligation to decommission the facility, the county has the right to enter the real property without further need of consent of the owner to engage in decommissioning; and (iii) the responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee. The amount of the financial assurance shall be based upon an estimate by a professional engineer licensed in the commonwealth, who is engaged by the responsible party, who has experience in preparing decommissioning estimates and is approved by the county. The estimate shall not exceed the total of the projected cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and an annual inflation factor.

(Amdmt. No. O-21-10, 8-3-21)