The purpose of this article 23 is to establish requirements for construction, operation, and Decommissioning of solar facilities and to provide standards for the placement, design, construction, monitoring, modification, and removal of solar facilities; to address public safety, minimize impacts on scenic, natural, and historic resources; and to provide adequate financial assurance for decommissioning.

(Ord. of 7-21-2021)

This article 23 shall apply to all solar facilities constructed after December 1, 2021, the effective date of this article 23, including any physical modifications to any existing solar facilities that materially alter the type, configuration, or size of such facilities or other equipment.

(Ord. of 7-21-2021)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the person or entity who submits an application to the locality for a permit under this article.

Brownfield means former industrial or commercial sites typically containing low levels of environmental pollution such as hazardous waste or industrial byproducts.

Disturbance zone means the area within the site directly impacted by construction and operation of the facility.

Decommission, decommissioned, decommissioning or decommissioning activities means the work on the solar facility to remove any and all equipment, apparatus, or any other personal property or improvements placed on the real property as a part of, or in connection with, the solar facility.

Integrated PV means photovoltaics incorporated into building materials, such as shingles.

Net metering provision means a provision set forth by the Virginia State Corporation Commission to own and operate, or contract with other persons to own or operate, or both, an electrical generating facility consisting of one or more renewable fuel generators having an aggregate generation capacity of not more than 20 kilowatts for residential customers and not more than one megawatt for nonresidential customers. The generating facility shall be operated under a net metering service arrangement.

Operator means the person responsible for the overall operation and management of a solar facility.

Owner means a person who owns all or a portion of a solar facility.

Permit means a conditional use permit for a solar facility.

Photovoltaic or "PV" means materials and devices that absorb sunlight and convert it directly into electricity.

Rated capacity means the maximum capacity of a solar facility based on the sum total of each photovoltaic system's nameplate capacity.

Site means the entire area of the parcel or parcels of land containing a solar facility.

Solar facility or solar facilities means the real and personal property, together with all equipment, apparatus, or other items of personal property, used for the construction, operation, and ultimate decommissioning of a photovoltaic solar power generation structure.

Solar facility, cooperative-scale means a facility that generates electricity from sunlight and has a generation capacity equal to or greater than one megawatt, measured in alternating current, and less than or equal to five megawatts, measured in alternating current and which provides the electricity generated to electric cooperative member-customers, non-retail, from behind the meter.

Solar facility, small-scale means a facility that generates electricity from sunlight and either: (a) consists of one or more photovoltaic (PV) systems, which may include other appurtenant structures, all within the boundaries of the site and has a generation capacity equal to or less than 20 kilowatts (kW) as measured in alternating current; or (b) utilizes sunlight as an energy source to directly heat or cool buildings or water or to produce electrical or mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy; and (c) meets at least one of the following criteria: (i) has a disturbance zone equal to or less than an acre; (ii) is mounted on or over a building, parking lot, or other previously disturbed area; or (iii) utilizes integrated PV only.

Solar facility, medium-scale means a facility that generates electricity from sunlight primarily to reduce onsite consumption of utility power for commercial and industrial applications and has a generation capacity of no greater than 999 kW.

Solar facility, utility-scale means a facility that generates electricity from sunlight and has a generation capacity in excess of five megawatts (MW), measured in alternating current (AC), of the nameplate capacity of the facility based on submissions by the facility owner to the interconnecting utility.

(Ord. of 7-21-2021; Ord. of 8-15-2023)

(a)

Small-scale solar facilities may be installed by-right in all zoning districts to provide electricity to structures or via the Commonwealth of Virginia's net metering provision; provided a site plan (as applicable) has been submitted to the zoning administrator for review and approval; all federal, state and local regulations have been followed; and the system is located upon the property or structure being served.

(b)

Medium, cooperative and utility-scale solar facilities shall be permitted in zoning districts as follows:

(c)

Medium-scale solar facilities are permitted in industrial districts only with the issuance of a conditional use permit on properties and projects meeting all of the following requirements:

i.

The facility must be located on a property to which the electricity generated will be provided directly or via the Commonwealth of Virginia's net metering provision.

ii.

The facility must provide electricity for use on the site for commercial and industrial applications.

iii.

The conditional use permit shall require a site plan approved by the zoning administrator and require that all federal, state, and local regulations have been followed.

(d)

Cooperative-scale and utility-scale facilities are permitted in agricultural districts and industrial districts only with the issuance of a conditional use permit (CUP).

(Ord. of 7-21-2021; Ord. of 8-15-2023)

In addition to other requirements of the Brunswick County Zoning Ordinance and conditional use permit requirements, all of the following requirements must be met in order for a solar facility (medium-scale, cooperative-scale and utility-scale) conditional use permit to be approved:

(a)

Pre-application meeting. The applicant, or a representative, must attend a pre-application meeting with the zoning administrator to discuss the location, scale, and nature of the solar facility.

(b)

CUP application. A complete CUP application must be submitted and must include the following:

i.

Documents demonstrating the ownership of the site.

ii.

Authorization for the applicant to act on the owners behalf.

iii.

Identification of the utility company that will interconnect to the solar facility.

iv.

List of all adjacent and adjoining property owners, including their names, tax map numbers and addresses—the adjacent and adjoining property owners will be notified by certified mail with return receipt paid for by the applicant.

v.

A description of the current use and physical characteristics of the site.

vi.

A description of the existing uses of nearby properties.

vii.

A narrative identifying the applicant, the project owner, the project operator, and describing the proposed solar facility project, including an overview of the project and its location, approximate anticipated rated capacity, the approximate number of panels, representative types of panels to be used, the expected footprint of the solar equipment and other facilities to be constructed, and the type and location of interconnection to electrical grid.

viii.

Aerial imagery which shows the proposed location of the solar facility, fenced area, driveways, and interconnection to electrical grid with the closest distance to all adjacent property lines and dwellings along with main points of ingress/egress.

ix.

A concept plan in accordance with paragraph (c) below.

x.

A landscape maintenance plan.

xi.

A decommissioning plan in accordance with paragraph (d) below.

xii.

A traffic study modelling the construction and decommissioning processes. County staff will review the study in cooperation with VDOT.

xiii.

A projected construction schedule.

xiv.

An environmental inventory and impact statement regarding any site and viewshed impacts, including direct and indirect impacts to national and state forests, national or state parks, wildlife management areas, conservation easements, recreational areas, or any known historic or cultural resources within three miles of the proposed project. Additionally, the testing of soils shall be conducted prior to the commencement of a project to establish a baseline of conditions and again annually, or more frequently as necessary should current conditions deteriorate, within one mile of the proposed site.

xv.

A visual impact analysis demonstrating project siting and proposed mitigation, if necessary, so that the solar facility minimizes impact on the visual character of the county. The visual impact analysis must include accurate, to-scale photographic simulations showing the relationship of the solar facility and its associated amenities and development to its surroundings. The photographic simulations shall show such views of solar structures from locations, such as property lines and roadways, as determined by the zoning administrator. The total number of simulations and the perspectives from which they are prepared will be established by the zoning administrator.

xvi.

For utility-scale applications, an inventory of all existing or proposed solar facilities within a four mile radius.

xvii.

Payment of all applicable fees.

(c)

Concept plan. A concept plan prepared by an engineer licensed to practice in the Commonwealth of Virginia must be submitted, must include all of the following, and must be approved by the zoning administrator:

i.

A description of the site.

ii.

Property lines and setback lines.

iii.

Existing and proposed buildings and structures, including preliminary locations of the proposed solar panels and related equipment; proposed fencing, driveways, internal roads, and structures; and the proposed points of ingress/egress.

iv.

A statement of the percent of the total acreage covered by the project improvements.

v.

The location and nature of proposed buffers and screening elements, including vegetative and constructed buffers.

vi.

A preliminary grading plan.

vii.

Existing and proposed access roads, drives, turnout locations, and parking.

viii.

Location of substations, electrical cabling from the solar facility systems to the substations, ancillary equipment, ancillary buildings, and ancillary structures including those within any applicable setback.

ix.

Location of wetlands, waterways, and floodplains and how the impact to those areas will be mitigated or avoided.

x.

Eighteen sets (11" × 17" or larger), one reduced copy (8½" × 11"), and one electronic copy of the concept plan, including elevations and landscape plans as required.

xi.

Battery storage plan, if applicable.

xii.

Additional information as determined by the zoning administrator, such as a scaled elevation view of the site and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed project from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the solar facility project, coverage map, and additional information that may be necessary for a technical review of the proposal.

(d)

Decommissioning plan. A detailed decommissioning plan, certified by a professional engineer licensed in the Commonwealth of Virginia, which shall include the following:

i.

The anticipated life of the project.

ii.

The estimated decommissioning cost in current dollars.

iii.

How the estimate was determined.

iv.

The proposed method for ensuring that funds will be available for decommissioning and removal, including a proposed method of security for decommissioning costs.

v.

The proposed method for review of the estimated decommissioning costs, including an update to the decommissioning cost estimate and an adjustment to the amount of the security for the payment of those costs no less frequently than every five years.

vi.

The general manner in which the project will be decommissioned and the site restored.

(Ord. of 7-21-2021; Ord. of 8-15-2023)

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 project.

(a)

The applicant shall inform the zoning administrator's office 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 date.

(b)

The date, time, and location of the meeting shall be advertised in the county's newspaper of record by the applicant via, at a minimum, a display ad, at least 7, but no more than 14, days in advance of the meeting date.

(c)

The meeting shall be held within the county at a location open to the general public which has adequate parking and seating facilities and which is able to accommodate persons with disabilities.

(d)

At the meeting, members of the public must have the opportunity to review application materials, ask questions of the applicant, and provide feedback.

(e)

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

(Ord. of 7-21-2021; Ord. of 8-15-2023)

(a)

Any applicant for a solar facility installed upon a commercial or industrial roof top shall submit a site plan which must be approved by the zoning administrator and an engineering study to the office of the building official which must be approved by the building official.

(b)

The maximum total acreage of land in Brunswick County to be under PV panel coverage for both cooperative-scale and utility-scale solar facilities is 8,600 acres. The maximum total acreage of PV panel coverage for all cooperative-scale solar facilities is 100 acres cumulatively; the maximum total acreage of PV panel coverage for utility-scale solar facilities is 8,500 acres cumulatively.

(c)

Cooperative-scale solar facilities and utility-scale solar facilities must comply with all of the following requirements:

i.

The area of PV panel coverage for any single solar facility project may not exceed 65 percent of the total acreage of the site.

ii.

The project must be constructed and maintained in substantial compliance with the approved concept plan except for deviations required by the Virginia Department of Environmental Quality or the Permit By Rule (PBR) process.

iii.

The minimum setback to property lines of parcels with habitable dwellings shall be 250 feet and the minimum setback to all other property lines shall be 150 feet except that upon the request of the applicant, the board of supervisors may reduce, but not increase, these setback requirements for a solar facility if it finds that it is in the public interest to do so. Setback requirements are not applicable to interior property lines on the site for that part of the property line adjacent to any other property comprising a part of the site. Property lines adjacent to streets, roads, or highways are not considered interior property lines.

iv.

The maximum height of the lowest edge of the PV panels shall be ten (10) feet as measured from the finished grade when oriented at minimum tilt. The maximum height of primary structures and accessory buildings shall be fifteen (15) feet as measured from the finished grade at the base of the structure to its highest point, including appurtenances. The board of supervisors may approve a greater height based upon the demonstration of a significant need where the impacts of increased height are mitigated.

v.

Solar facilities, including fencing, shall be significantly screened from the ground level view of adjacent properties by a buffer area at least 100 feet wide that shall be landscaped with plant materials consisting of an evergreen and deciduous mix (as approved by the zoning administrator), except to the extent that existing vegetation or natural land forms on the site provide sufficient screening as determined by the zoning administrator. In the event existing vegetation or land forms providing the screening are disturbed, new plantings shall be installed which accomplish the same screening effect. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary method.

vi.

Solar facilities shall be enclosed by security fencing on the interior of the buffer area (not to be visible from other properties) not less than seven (7) feet in height and topped with razor/barbed wire, as appropriate. A performance bond in the amount of anticipated fence maintenance costs shall be posted and maintained.

vii.

Ground cover on the site shall be native vegetation as determined by the Virginia Department of Conservation and recreation solar site native plant finder and maintained in accordance with the landscaping maintenance plan in accordance with established performance measures. A performance bond in the amount of anticipated landscaping maintenance costs shall be posted and maintained. Failure to maintain the landscaping shall result in revocation of the CUP and commencement of the solar facility's decommissioning. Incorporation of native plant and grass species that require no pesticides, herbicides, and fertilizers or the use of pesticides and fertilizers with low toxicity, persistence, and bioavailability is recommended. The operator shall notify the county prior to application of pesticides and fertilizers. The county reserves the right to request soil and water testing.

viii.

The applicant shall identify an access corridor for wildlife to navigate through the solar facility. The proposed wildlife corridor shall be shown on the site plan submitted to the county. Areas between fencing shall be kept open to allow for the movement of migratory animals and other wildlife.

ix.

The design of support buildings and related structures shall incorporate materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and surrounding structures.

x.

The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the equipment and structures, as applicable, and maintenance of the buffer areas and landscaping. Site access shall be maintained to a level acceptable to the county. The project owner shall be responsible for the cost of maintaining the solar facility and access roads and the costs of repairing damage to private roads occurring as a result of construction and operation.

xi.

Solar facilities shall be designed and maintained in compliance with standards contained in applicable local, state, and federal building codes and regulations in effect at the time of the permit approval.

xii.

Solar facilities shall comply with all permitting and other requirements of the Virginia Department of Environmental Quality.

xiii.

The applicant shall provide proof of liability insurance for a solar facility prior to beginning construction of the solar facility.

xiv.

All lighting must be shown on the concept plan or the site plan, or both, and must be approved by the zoning administrator.

xv.

No signage of any type may be placed on the solar facility other than notices, warnings, and identification information required by law or as approved by the zoning administrator.

xvi.

All facilities must meet or exceed the standards and regulations of the Federal Aviation Administration ("FAA"), State Corporation Commission ("SCC") or equivalent, and any other agency of the local, state or federal government with the authority to regulate such facilities.

xvii.

No boundary of any property on which a utility-scale solar facility is located may be located within one mile of any town boundary.

(Ord. of 7-21-2021; Ord. of 8-15-2023)

The following requirements shall be met for all solar facilities:

(a)

A written decommissioning agreement signed by the owner and operator and binding upon their successors and assigns shall be submitted to and approved by the board of supervisors addressing the requirements of this subsection, in accordance with Virginia Code § 15.2-2241.2.

(b)

Solar facilities which have reached the end of their useful life or have not been in active and continuous service for a period of six months shall be decommissioned, except the board of supervisors may extend the time for the resumption of operations if the project is being repowered or a force majeure event has occurred or is occurring that will prevent the solar facility from resuming operations within six months.

(c)

The owner or operator shall notify the zoning administrator by certified mail of the proposed date for discontinuing operations and the proposed date for beginning decommissioning.

(d)

Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the solar facility was located is again tillable and suitable for agricultural or forestall uses. The site shall be graded and re-seeded to restore it to as natural a pre-development condition as possible or replanted with pine seedlings to stimulate pre-timber pre-development conditions as indicated on the preliminary site plan. Notwithstanding the foregoing, the landowner may submit, and the board of supervisors may approve, an alternative post-decommissioning condition plan which may provide for an alternative plan for the preparation, repair, and conditioning of the site following decommissioning.

(e)

The site shall be re-graded and re-seeded or replanted within 12 months of removal of solar facilities. Re-grading and re-seeding or replanting shall be initiated within a six-month period of removal of equipment.

(f)

Decommissioning shall be performed in compliance with the approved decommissioning plan. The board of supervisors may approve amendments to or modifications of the decommissioning plan.

(g)

Hazardous material from the site shall be disposed of in accordance with federal and state law.

(h)

Financial assurance of the completion of decommissioning shall be provided to the county as set forth in Virginia Code § 15.2-2241.2 in a form and amount approved by the board of supervisors. The terms governing financial assurance for decommissioning shall be set forth in the decommissioning agreement, which shall include, but may not be limited to, the following:

i.

The applicant shall provide the financial assurance required by the board of supervisors before any building permit is issued to allow construction of the solar facility.

ii.

The estimated cost of decommissioning shall be recalculated every five years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by ten percent (10%) or more, then the amount of the financial assurance shall be increased to equal or exceed the new cost estimate. If the recalculated estimated cost of decommissioning is less than ninety percent (90%) percent of the original estimated cost of decommissioning, the financial assurance may be reduced to the recalculated estimate of decommissioning cost.

iii.

If the terms of the decommissioning agreement are not met, the county may collect the surety and may enter the site to remove the equipment, apparatus, or any other personal property or improvements placed on the real property as a part of, or in connection with, the solar facility as it deems appropriate.

(Ord. of 7-21-2021; Ord. of 8-15-2023)

Applicants for new solar facilities shall coordinate with the county's emergency services staff to provide materials, education, and/or training to the departments serving the site.

(Ord. of 7-21-2021)

For solar facility permits, the board of supervisors will consider, in addition to all other matters deemed by the board of supervisors to be relevant to the site, conditions which address the following community concerns:

(a)

The construction, maintenance, and operation of the solar facility in substantial compliance with:

i.

The development standards under this article.

ii.

The approved concept plan.

iii.

Any other conditions imposed pursuant to a conditional use permit.

iv.

An approved erosion and sediment control plan.

v.

An approved stormwater management plan.

(b)

The cost of, and payment for, any review of the erosion and sediment control plan and the stormwater plan by a qualified third party approved by the county.

(c)

The projected timeline of the development of the solar facility, construction benchmarks, and the term of the permit which shall expire 24 months following approval for interconnection to the power grid unless a building permit has been issued for the solar facility or an extension of the permit has been granted by the board of supervisors.

(d)

The procedure and timeline for remedying permit noncompliance of the solar facility with an emphasis on remedying situations of noncompliance that endanger public health or safety, including termination of the permit and decommissioning of the solar facility.

(e)

Required communications and points of contact among the owner, the operator, and the county.

(Ord. of 7-21-2021; Ord. of 8-15-2023)