[Bill No. 18-25]

A.

Purpose. Solar energy is recognized as an abundant, renewable, and environmentally sustainable source of electricity generation that will lead to greater local grid resiliency and security, and produce clean, renewable energy and reduce air and water pollution caused by the burning of traditional fossil fuels. The purpose and intent of this article is to permit solar facilities in parts of the rural and commercial areas of the County by special exception, and to balance the benefits of solar energy production with its potential impact upon the County's land use policies by ensuring sufficient safeguards are in place to protect the County's communities and its agricultural land, forests, waterways, and other natural resources.

B.

Application. In accordance with §7-218(b) of the public utilities article of the Annotated Code of Maryland, this article shall apply only to a solar facility that has the capacity to produce not more than one (1) megawatt of electricity as measured by the alternating current rating of the facility's inverter.

C.

Definitions. As used in this article, the following terms have the meanings indicated:

AGRIVOLTAIC — the simultaneous use of areas of land:

1.

That are maintained in agricultural use in accordance with COMAR 18.02.03;

2.

For both solar power generation and:

I.

Raising grains, fruits, herbs, melons, mushrooms, nuts, seeds, tobacco, or vegetables;

II.

Raising poultry, including chickens and turkeys, for meat or egg production;

III.

Dairy production, such as the raising of milking cows;

IV.

Raising livestock, including cattle, sheep, goats, or pigs;

V.

Horse boarding, breeding, or training;

VI.

Turf farming;

VII.

Raising ornamental shrubs, plants, or flowers, including aquatic plants;

VIII.

Aquaculture;

IX.

Silviculture; or

X.

Any other activity that is recognized as an agricultural activity under COMAR 18.02.03.

"Agrivoltaic" does not include the simultaneous use of areas of land for both solar power generation and:

1.

Apiaries; or

2.

Pollinator habitat.

COMMERCIAL USE — the transfer to the electrical power grid of energy produced by a solar facility for sale by energy suppliers to consumers.

SOLAR FACILITY — A facility that includes a series of one or more solar collector panels or solar energy systems that are placed in an area on a tract of land for the purpose of generating photovoltaic power for commercial use. The term includes a solar energy generating station, solar power plant, or solar photovoltaic farm.

[Bill Nos. 18-25; 48-25^[2]]

A.

Subject to Paragraph B, a solar facility is permitted only by special exception in the R.C. 2, R.C. 3, R.C. 4, R.C. 5, R.C. 6, R.C. 7, R.C. 8, B.L., B.M., M.R., M.L.R., and M.H. Zones of the County.

B.

The allocation of land for solar facilities in the County is limited to the following:

1.

A solar facility permitted under this article in the R.C. Zones only shall not be located:

A.

Within 300 feet of the nearest wall of a residential building, another property with an existing solar facility, or another property for which a petition for special exception under Paragraph A has received zoning approval for a solar facility; and

B.

On land that constitutes prime farmland as that term is defined by the United States Department of Agriculture.

2.

No more than ten solar facilities may be located in a councilmanic district.

3.

The Director of Permits, Approvals, and Inspections shall maintain a record of all permits issued for a solar facility in the County, including the location and councilmanic district for each such facility, and shall keep a current accounting of the number of facilities in each councilmanic district under this paragraph.

4.

Upon reaching the threshold of ten solar facilities in a councilmanic district, no additional permits shall be issued for a solar facility in that district unless an existing facility previously approved under this article has been removed pursuant to Section 4F-107.

[Bill No. 18-25]

This article does not apply to the following solar facility installations:

A.

A ground-mounted solar facility that is accessory to a principal residential or agricultural use (subject to Sections 400.1 and 400.2 of these regulations applicable to accessory buildings), or accessory to a principal commercial, industrial, or institutional use;

B.

A rooftop solar facility;

C.

A solar facility on federal, state, or local government-owned or leased land that produces energy for government use; or

D.

A solar facility located on the same property or tract as a farm that uses at least 66 percent of the energy generated by the facility for agricultural uses on the farm, or that meets the definition of agrivoltaics as defined in Section 4F-101 of these regulations.

[Bill No. 18-25^[3]]

A.

A solar facility shall provide a boundary of 100 feet between the solar energy generating station and all property lines, not including property lines that bisect the interior of a project area.

B.

A solar facility shall provide non-barbed wire fencing:

1.

Only on the interior of a landscape buffer or immediately adjacent to a solar energy generating station;

2.

That is not more than 20 feet in height;

3.

That is only black or green vinyl wire mesh if the owner proposes to use chain link fencing; and

4.

That is not less than 50 feet away from the edge of any public road right-of-way.

C.

A solar facility shall mitigate the visual impact of the solar energy generating station on a preservation area, rural legacy area, priority preservation area, public park, scenic river or byway, designated heritage area, or historic structure or site listed on or eligible for the national register of historic places or relevant county register of historic places.

D.

A solar facility shall provide for a landscaping buffer or vegetative screening:

1.

On all property lines;

2.

At locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 50 feet or more does not exist;

3.

At an alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;

4.

That provides for four-season visual screening of the solar facility, is placed between fencing and the public view, and includes multilayered, staggered rows of overstory and understory trees and shrubs that are a mixture of evergreen and deciduous vegetation that:

I.

Are predominantly more than 4 feet in height at planting;

II.

Are predominantly native to the region;

III.

Are more than 4 feet in height at planting;

IV.

Are designed to provide screening of buffering within 5 years of planting;

V.

May not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screen;

VI.

Conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and

VII.

Are specified in a landscaping plan prepared by a qualified professional landscape architect;

5.

Is installed as early in the construction process as practicable and before the activation of the proposed solar facility;

6.

Preserves to the maximum extent practicable and supplemented with new plantings where necessary, any forest or hedgerow that exists at a location where visual screening or landscape buffering is required; and

7.

That shall be maintained with a 90 percent survival threshold for the life of the solar facility through a maintenance agreement that includes a watering plan.

E.

With respect to the site on which a solar facility is proposed for construction, the owner of the solar facility:

1.

Shall minimize grading to the maximum extent possible;

2.

May not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading; and

3.

Plant native or noninvasive naturalized vegetation and other appropriate vegetative protections that have a 90 percent survival threshold for the first three years of the life of the solar energy generating station.

F.

1.

The owner of a solar facility shall post for the first 5 years of the life of the solar energy generating station a landscaping bond equal to 100 percent of the total landscaping cost with the county in which the solar energy generating station is located.

2.

The county shall hold any landscaping bond required under this subsection for 5 years.

3.

The county shall release 50 percent of the landscaping bond if, on inspection, the vegetative protections meet a 90 percent survival threshold.

4.

Following the release of a landscaping bond, the remaining landscaping bond shall be held for an additional two years and, on further inspection and confirmation that the vegetative protections continue to meet a 90 percent survival threshold, shall be released.

G.

Except as required by law, or for safety or emergency, the solar energy generating station may not emit visible light during dusk to dawn operations.

H.

The land on which a solar facility is proposed:

1.

May not be encumbered by an agricultural preservation easement, an environmental preservation easement, or a rural legacy easement;

2.

May not be located in a Baltimore County Historic District or on a property that is listed on the Baltimore County Final Landmarks List; and

3.

May not be in a forest conservation easement, or be in a designated conservancy area in an R.C. 4 or R.C. 6 zone.

A.

An applicant for a building permit for a solar facility shall provide a security bond or equivalent financial security in the form and amount determined by the County Administrative Officer.

B.

The Code Official may use the bond to procure the repair of any unsafe or hazardous conditions under Section 4F-106 or removal of a solar facility under Section 4F-107, in accordance with § 3-6-402 of the County Code.

A.

All parties having a lease or ownership interest in a solar facility are responsible for the maintenance of the facility.

B.

Maintenance shall include painting, structural repairs, landscape buffers and vegetation under and around solar panel structures, and integrity of security measures. Access to the facility shall be maintained in a manner acceptable to the Fire Department. The owner, operator, or lessee are responsible for the cost of maintaining the facility and any access roads.

C.

Appropriate vegetation is permitted under and around the solar collector panels, and the tract may be used for accessory agricultural purposes, including grazing of livestock, apiculture, and similar uses.

D.

The provisions on this section shall be enforced in accordance with Article 3, Title 6 of the County Code.

A.

A solar facility that has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the County by certified mail of the proposed date of discontinued operations and plans for removal.

B.

Removal shall consist of the:

1.

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site;

2.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and

3.

Stabilization or revegetation of the site as necessary to minimize erosion.

C.

If the owner or operator fails to remove the facility within 150 days of abandonment, the County retains the right to enter and remove the facility. As a condition of special exception approval, the petitioner and landowner agree to allow entry to remove an abandoned facility.

D.

The Code Official may issue a citation to the owner or operator for removal of a solar facility if:

1.

The Code Official determines that the solar facility has not been in actual and continuous use for 12 consecutive months;

2.

The owner or operator failed to correct an unsafe or hazardous condition or failed to maintain the solar facility under Section 4F-106 within the time prescribed in a correction notice issued by the Code Official; or

3.

The owner or operator has failed to remove the solar facility in accordance with Paragraph C.