Appomattox County Unincorporated
City Zoning Code

A natural heritage and wildlife management study, consistent with the Virginia Division of Wildlife Resources Solar Energy Facility Guidance that identifies any threatened or endangered species and wildlife travel patterns, together with any necessary mitigation measures to ensure compatibility of the project.

Virginia Cultural Resource Information System report. 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. A copy of the cultural resources review conducted in conjunction with the Virginia Department of Historic Resources for the permit by rule process shall be submitted by the applicant prior to issuance of a building permit, shall be in addition to the initial report required above, and shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

A Construction Plan to be approved prior to the issuance of a Building Permit, which shall include a proposed construction schedule, proposed hours of construction, and how the applicant plans to effectively mitigate dust, noise, and other nuisances commonly associated with large construction projects.

A Glint and Glare Study. This study shall demonstrate either that the panels will be sited, designed, and installed to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, or other sensitive areas. The applicant will use 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 potential health, safety, and visual impacts associated with glint and glare. Any such assessment must be conducted by qualified individuals using appropriate and commonly excepted engineering methods.

A Water Resource Plan. This plan shall identify the availability of and proposed usage of private and/or public water and sewer services. This plan shall include a plan for continuous monitoring of groundwater quality during the life of the facility. Monitoring stations shall be placed within 50 feet of any property line adjacent to existing residential uses. Monitoring Stations shall be placed at a minimum of one station per 500-foot interval. For Utility-Solar projects, the applicant shall submit annual monitoring reports to the Zoning Administrator throughout the life cycle of the project. For Battery Energy Storage Facility projects, the applicant shall provide baseline groundwater quality information prior to commencement of construction, then the applicant shall submit monitoring reports once every three years, starting from the time the Certificate of Occupancy is issued, to the Zoning Administrator throughout the life cycle of the project.

Fire, Rescue, Law Enforcement (Emergency Services) assessment. Applicant shall submit a detailed assessment of impacts to local Fire, Rescue and Law Enforcement and any mitigation techniques that will be used to reduce these impacts. Specifically, the assessment should detail training of local resources and methods to be used in the event of a fire or accident requiring local emergency services response, specifically addressing fire, rescue, and emergency services access to the site.

The applicant shall provide a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures, and any and all hazardous residuals found to be present in the environment, confirmed by pre- and post-development contamination testing, at the end of the useful life of the facility or if it is deemed abandoned or unsafe. The plan shall include the location, size, number, and type of PV modules; identification of any per- and polyfluoroalkyl substances (PFAS) associated with the project; whether the PV modules are likely to be characterized as hazardous waste upon decommissioning; and certifications that: (i) no child or forced labor have contributed to the manufacturing of any component of the project; and (ii) no decommissioned component will be disposed of in any landfill, current or future, or transfer station, current or future, located within Appomattox County. 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 shall be update every five years, from the date of the certificate of occupancy or upon request of the Zoning Administrator; however, the updated costs shall be no more than twice every 10 years. Estimated decommission costs shall be for the total cost of restoration and shall not exclude net salvage value of the facility's equipment, devices, panels, wiring, steel support structures, concrete or any other improvement. Additionally, the estimated decommission costs shall include a reasonable allowance for the estimated administrative costs related to a default of the owner, lessee, or developer, and include an annual inflation factor that will ensure the return of the property to its pre-development land use.

Security: Prior to receiving a certificate of occupancy to begin operation, the applicant must provide security, with the County as primary oblige and all participating landowners serving as additional obliges, in the amount of the estimated cost of the decommissioning. Options for security shall include a cash escrow, Certified check(s), or an Irrevocable Letter of Credit. The security must remain valid until the decommissioning obligations have been met and no surety instrument will be released until another is deemed acceptable, as a substitution. The security may be adjusted up or down by the County if the estimated cost of decommissioning the facility changes. The security must be renewed or replaced, if necessary, to account for any changes in the total estimated cost of decommissioning if deemed by the updated estimates. Security is a mandatory condition of all conditional use permits for utility scale solar energy farms.

The Operator and Lessor must provide a Parent Company Guarantee (PCG), otherwise known as a downstream guarantee, in a form and substance reasonably acceptable to the County Attorney, ensuring fulfillment of any financial obligations related to the decommissioning and clean-up of the project that is not paid in full by the cash escrow, Certified Check(s) or Irrevocable Letter of Credit. The Parent Company Guarantee must be provided prior to the issuance of any permit or approval for said project. A draft version of the Parent Company Guarantee shall be submitted as part of the Conditional Use Permit application or site plan review process for a Battery Energy Storage Facility associated with an electrical substation. The Parent Company Guarantee must clearly outline the financial obligations covered, including but not limited to, the costs of removing all equipment, restoring the land, and any environmental remediation required. The Parent Company Guarantee must include a provision that is binding upon the Operator and the Lessor and any successors or assigns. Failure to provide the required Parent Company Guarantee shall result in the suspension of any proceedings and/or approval processes underway related to the project. The Operator and Lessor shall also be liable for any costs incurred by Appomattox County in review, approval, and enforcement of this agreement, including any associated attorney's fees and/or court costs.

The decommissioning plan, cost estimates, and all updates to plans and estimates shall be sealed by a professional engineer licensed to do business in the Commonwealth of Virginia.

Liability Insurance: The owner, operator, lessee, or applicant shall propose a reasonable amount of liability insurance that the applicant deems adequate to cover operations at the facility. The applicant shall provide proof of such reasonable and adequate liability insurance for the facility prior to the issuance of a building permit.

Certification that no per -and poly-fluroalkyl substances (PFAS) are utilized on any component, part, or panel associated with this project.

Virginia Department of Environmental Quality Compliance: Any and all fines levied by the Virginia Department of Environmental Quality (VDEQ) for Erosion and Sediment Control or Stormwater Management violations, specifically applied to any project approved and constructed in Appomattox County, shall be matched 100%, and made payable to Appomattox County at the same time, as prescribed by VDEQ.