Whenever there shall be plans in existence, approved by either the state department of highways or by the board of supervisors for the widening of any street or highway, the commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way in order to preserve and protect the right-of-way for such proposed street or highway widening.

(Ord. No. 09-01, 3-5-2009)

There shall be provided at the time of erection of any main building or at the time any main building is enlarged, minimum off-street parking space with adequate provision for entrance and exit by standard size automobiles as follows:

(Ord. No. 09-01, 3-5-2009)

(a)

Emergency uses of individual manufactured homes will be allowed following official declaration of a disaster or emergency by the board of supervisors or the governor in all residential districts where a disaster or fire has destroyed or damaged normal dwellings. This emergency use would alleviate the hardships inflicted on the people involved.

(b)

Manufactured homes are permitted as temporary offices or storage structures, not for permanent residential use, in business or industrial districts in the construction phase or buildings in these districts.

(c)

Manufactured homes are permitted as temporary public school classrooms.

(Ord. No. 09-01, 3-5-2009)

No inoperable automobile shall be kept, except within a fully enclosed building or structure, or an eight-foot high privacy fence, on any property zoned for any purpose. As used in this section, the term "inoperable automobile" shall mean any motor vehicle which is not in operating condition or which for a period of 90 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, and for which there is no valid state vehicle safety inspection sticker.

(Ord. No. 09-01, 3-5-2009)

Automobile graveyards and junkyards in existence at the time of the adoption of the ordinance from which this chapter is derived are to be considered as nonconforming uses. They shall be allowed one year after adoption of the ordinance from which this chapter is derived in which to dispose of or to completely screen on any side open to view the operation or use by an eight-foot high masonry wall, a uniformly painted or stained eight-foot high solid board fence, or an evergreen hedge four feet in height. The hedge shall be composed of evergreen trees. These trees shall be good sound nursery stock not less than four feet in height and planted not more than ten feet on centers. Trees shall be properly cared for and maintained, and any dead trees are to be immediately replaced. New automobile graveyards established after the adoption of the ordinance from which this chapter is derived must also meet the requirements in this section regarding screening, fencing and walls.

(Ord. No. 09-01, 3-5-2009)

(a)

The permanent parking of a recreational vehicle in any district is hereby prohibited; except that one recreational vehicle may be parked or stored at the owner's primary residence, provided that no living quarters shall be maintained or any business practice in the trailer while such trailer is parked or stored.

(b)

The zoning administrator may permit the temporary occupancy or use of a fully self-contained recreational vehicle in a location outside of an approved and licensed trailer or manufactured home park for a period of not more than 120 days, provided such use shall not create a health, traffic, or other hazard. Each recreational vehicle shall have a "recreational vehicle parking permit" permit issued by the county and renewable, at the county's discretion, every 30 days.

(c)

Travel trailers may be occupied for more than 120 days when parked in an approved and licensed trailer or manufactured home park, but no individual unit shall be continuously occupied in any location for a period of more than 60 days within the period of one year from the date it was first brought into the community. When a travel trailer is occupied for more than 24 hours in an approved and licensed trailer or manufactured home park, it shall be properly connected to the utility services provided and shall be anchored as required. Each Recreational Vehicle shall have a "Recreational Vehicle Parking Permit" permit issued by the county and renewable, at the county's discretion, every 30 days.

(Ord. No. 09-01, 3-5-2009)

Public safety facilities, including county and public buildings including police, fire, and rescue and emergency service buildings and other necessary structures, are hereby permitted uses in all zoning districts, subject to the regulations for other structures as provided in the district regulations.

(Ord. No. 09-01, 3-5-2009)

(a)

Use regulations for telecommunications towers. The purpose of this section is to establish requirements for the siting of towers and antennas. The goals of this section are to:

(1)

Restrict the location of towers to nonresidential areas and minimize the total number of towers and tower sites throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Encourage users of towers and antennas to configure or camouflage them in a way that minimizes adverse visual impact of the towers and antennas; and

(5)

To determine adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county.

(b)

Applicability.

(1)

District height limitations. The requirements set forth in this section shall govern the location and height of all telecommunications towers and antennas within the county. Any such tower or antennas shall also comply with all applicable federal and state regulations. Amateur radio towers and antennas shall be regulated by the county under existing state law and applicable county regulations.

(2)

Existing structures and towers. The placement of an antenna on an existing structure such as a building, sign, light pole, water tank, or other free-standing nonresidential structure or existing municipal, utility or commercially owned tower or pole shall be permitted so long as the height of the tower or structure is not increased and the addition of said antenna shall not add more than 15 feet in height to said structure or tower. If such permitted use shall include the placement of additional buildings or other supporting equipment used in connection with said antennas, such building or equipment shall be placed within the existing structure or property and shall be properly screened. Existing or proposed structures shall not be intentionally altered to circumvent this section.

(c)

General requirements.

(1)

Zoning districts. Telecommunications towers and antennas shall be located in the agricultural, limited (A-1), rural residential RR, business (B-1) and industrial (M-1) districts of the county only and by special exception permit only.

(2)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses when considering area requirements on a given parcel of land. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing and potential future facilities that are either within the jurisdiction of the governing authority or within five miles of the border thereof, including specific information about the location, height, and design of each tower and/or antenna. Such information submitted to the county is public information, and thus the zoning administrator may share such information with other applicants applying for approvals or special exception permits under this section or other organizations seeking to locate antennas within the jurisdiction of the governing authority; provided, however that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(4)

Time limits. The planning commission shall adhere to the time limits established by Code of Virginia, § 15.2-2232.F., in acting on applications for telecommunications facilities.

(d)

Appearance, lighting. The guidelines set forth in this subsection shall govern the location of all towers and the installation of all antennas governed by this section; provided, however, that the governing authority may waive any of these requirements if it determines that the goals of this section are better served thereby.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas and covers will be of a neutral, nonreflective color with no logos or other markings.

(2)

At a facility site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and the surrounding built environment to the maximum extent possible.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable governing authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views and properties.

(5)

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting a pre-existing sign structure.

(e)

Federal and state requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal or state governments with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards as required. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. All towers and antennas constructed on property owned or leased by the federal or state government must also meet all county tower requirements of the Craig County Zoning Ordinance.

(f)

Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state and local buildings codes and regulations.

(g)

Information required. Each applicant requesting a special exception permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals in the Commonwealth of Virginia, showing the location and dimensions of all improvements, including information concerning topography, existing vegetation, proposed clearing and grading, radio frequency coverage, tower height and antenna location requirements, setbacks, ingress/egress, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this section. Additionally, the applicant shall provide actual photographs of the site from designated relevant views that include a simulated photographic image of the proposed tower and antennas. The photograph with the simulated image shall include the foreground, the mid-ground and the background of the site.

(1)

An engineering report, certifying that the proposed tower is compatible for co-location when more than one user is proposed for the same tower, must be submitted by the applicant.

(2)

The applicant shall pay all costs associated with notifying adjoining property owners and other nearby residents by certified letter concerning the project prior to public hearings before the planning commission and board of supervisors.

(3)

The applicant shall provide copies of their co-location policy. The applicant shall provide copies of propagation maps using proposed antenna tilt demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary to serve the intended area.

(h)

Factors to be considered in granting special exception permits for new towers or poles. The governing authority shall consider the following factors, in addition to section 58-123, in determining whether to issue a special exception permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority, concludes that the goals of this section are better served thereby.

(1)

Height of the proposed tower (towers shall not exceed 199 feet);

(2)

Proximity of the tower or pole to residential structures and residential district boundaries, historic structures and districts, Appalachian Trail, or other manmade or unique natural areas within the county;

(3)

Nature of the adjacent uses and nearby properties;

(4)

Surrounding topography;

(5)

Impact on surrounding tree coverage and foliage; such impact shall be kept to the minimum for the installation of the facility;

(6)

Design of tower or pole, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress;

(8)

Co-location policy. A written policy for permitting future co-locations of telecommunications facilities shall be provided and maintained to the satisfaction of the zoning administrator;

(9)

Language of the lease agreement;

(10)

Consistency with the comprehensive plan and the purposes to be served by zoning; and

(11)

Availability of suitable existing towers and other structures as provided for in subsection (i) below.

(i)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be made or reconstructed to support additional antennas.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing tower or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner in order to share or to adapt an existing tower or structure are unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(j)

Setbacks. The following setback requirements shall apply to all towers and antennas for which a special exception permit is required; provided, however, that the governing authority may reduce the standard setback requirements if the goals of this section would be better served thereby.

(1)

Towers must be set back a distance equal to 200 percent of the height of the tower from any off-site residential structure. Towers must be set back 100 percent of the height of the tower from the boundaries of the property on which the tower is located.

(k)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate.

(l)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special exception permit is required; provided, however, that the governing body may waive such requirements if the goals of this section would be better served thereby.

(1)

Tower facilities shall be landscaped with a mix of deciduous and evergreen trees that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip of at least ten feet wide outside the perimeter of the compound.

(2)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(m)

Local government access. Owners of towers shall provide the county co-location opportunities without compensation as a community benefit to improve radio communications for county departments and emergency services provided it does not conflict with the co-location requirements of this section.

(n)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with the property owner's approval. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed per this section, the county may require the landowner to have it removed. A written agreement assuring prompt removal of the tower upon abandonment, at the responsibility and cost of the tower owner or landowner shall be provided to the county at the time of approval and shall be maintained to the satisfaction of the zoning administrator. The county may, at its discretion, require a bond to cover potential future costs of timely removal of such tower or antenna.

(o)

Special review fees. Any costs associated with the review of the special exception permit for the county by a licensed engineer shall be paid by the applicant. Any payment of such fees would in no way be a substitute of payment for any other application review fees otherwise required by this chapter.

(Ord. No. 09-01, 3-5-2009)

(a)

Purpose. The purpose of this section is to establish regulations governing solar energy systems, including such aspects as appropriate placing, design, construction, modification, and removal; and to minimize impacts to scenic, historic, and natural resources; and to ensure funds for decommissioning of utility-scale solar installations.

(b)

Applicability. This section shall apply to all solar energy systems constructed after the date of the ordinance codified in this section, including small-scale solar installations and utility scale solar installations, and including any modifications to existing systems that materially alter the type, configuration, or size of such equipment.

(c)

General requirements.

(1)

All solar energy systems, including but not limited to their associated electrical and mechanical components, shall conform to relevant and applicable state and federal codes and regulations, including but not limited to safety and performance codes.

(2)

A building permit and zoning permit are required to initiate construction of any and each component of solar energy systems to be constructed or erected.

(d)

Small-scale solar installations. A small-scale solar installation is a permitted use by right in all zoning districts provided the following requirements are met:

(1)

Small-scale solar installations must conform with all required setbacks and height restrictions applicable to the primary use of the property, except wherein provisions of this section dictate a more restrictive requirement.

(2)

Small-scale solar installations may be implemented as a primary use only in cases where the solar generated serves the primary use on an adjoining parcel owned by the same property owner.

(3)

Small-scale solar installations which are constructed separate from an existing building structure as a freestanding facility cannot exceed 20 feet in height and should be buffered from structures on adjoining parcels by a minimum distance of 30 feet and a vegetative screen at least equal to the height of the installation.

(e)

Solar agricultural generator. A solar agricultural generator shall be allowed solely by conditional use permit in the A-1 district.

(1)

Application requirements. A conditional use permit application for a solar agricultural generator shall include the following in addition to the requirements in section 58-123:

a.

A project narrative identifying the applicant and owner of the property, the primary agricultural business that the solar agricultural generator shall support, the size and location of the parcel, the size and location of the installation, the estimated time for construction and the 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 and ancillary facilities if applicable; and the location of the proposed electric grid interconnection.

b.

A concept plan including the following information:

1.

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

2.

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

3.

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.

4.

Proposed locations of any and all equipment, including ancillary equipment and facilities, buildings, and structures (including those within any applicable setbacks).

5.

Fencing or other methods of ensuring public safety.

6.

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.

7.

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

8.

Proposed erosion and sediment control plan for minimizing water quality impacts from the use for the lifetime of the project.

c.

A copy of the state required certifications and permits outlined in Code of Virginia, § 56-594.2, and other relevant state code sections as may be extant at the time of application.

d.

A copy of the power purchase agreement with the local utility or electric service provider.

(2)

Performance standards.

a.

Solar agricultural generator installations cannot exceed 1.5 megawatts and cannot use more than 25 percent of contiguous land for solar generation.

b.

All equipment should be buffered from adjoining properties by a minimum distance of 75 feet and cannot exceed maximum height requirements for the underlying zoning district.

c.

Solar agricultural generator installations should be buffered from structures on adjoining parcels by a vegetative screen at least equal to the height of the installation.

d.

Existing trees and vegetation in the buffer shall be maintained for the life of the facility. Trees removed from the buffer shall be replaced by planting a similar tree in the buffer at least five feet in height at the time of planting.

e.

The planning commission may recommend, and the board of supervisors impose alternative conditions having the effect of waiving or altering the vegetative screening and/or buffer requirements when the applicant proposes to preserve existing wetlands or woodlands to serve as a buffer.

f.

The planned construction shall comply with all state and local erosion and sediment control guidelines. The applicant shall include native grasses and pollinator habitat in plantings as appropriate to the use of the site.

g.

The applicant shall illustrate compliance with all Federal Aviation Administration regulations concerning solar energy facilities.

(3)

Notice of change in ownership. Notice shall be provided to the county within ten working days of any change in ownership of the facility.

(4)

Decommissioning of a solar agricultural generator. As a condition of the approval of a site plan, 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:

a.

At such time that a solar agricultural generator is known to be abandoned or discontinued, the owner shall notify the zoning administrator within ten days of such knowledge of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the system and restore the site no more than 12 months after the date of discontinued operations.

b.

Decommissioning of discontinued or abandoned system shall include the following:

1.

Physical removal of all solar panels 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 if a written request is submitted by the landowner and approved by the zoning administrator that such roads remain.

2.

Reasonable restoration of the real property, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

3.

Proper disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

c.

A building and zoning permit is required prior to the decommissioning of a solar energy installation.

(f)

Reserved.

(g)

Utility scale solar installation. Utility scale solar installations shall be allowed solely by conditional use permit in the M-1 district.

(1)

Application requirements. A conditional use permit application for a utility scale solar installation shall include the following in addition to the requirements in section 58-123:

a.

A project narrative identifying the applicant, facility owner, site owner, and operator, if known at the time of application, and describing the proposed utility 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.

b.

A concept plan including the following information:

1.

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

2.

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

3.

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

4.

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.

5.

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).

6.

Fencing or other methods of ensuring public safety.

7.

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.

8.

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

9.

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

c.

A generalized 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.

d.

Additional information, including the following:

1.

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.

2.

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 this subsection (1) and shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed site.

3.

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.

4.

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.

5.

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.

6.

The location of airports within a mile of the proposed development.

7.

The location of and proximity to any existing utility scale solar installation.

8.

A commission permit in accord with Code of Virginia, § 15.2-2232, is required prior to or in conjunction with any conditional use permit approvals that may be required by the district regulations of this chapter.

e.

As part of the project application, the applicant shall submit a decommissioning plan, certified by an engineer with a professional engineering license in the commonwealth, which shall include the following:

1.

The anticipated life of the project.

2.

The estimated decommissioning cost in current dollars.

3.

How the 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.

6.

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

7.

Additional information may be required, as determined by the zoning administrator, 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.

(2)

Independent review. Upon submission for a conditional use permit for a solar energy facility, the county may hire an independent consultant to review the application and all associated documents for compliance with this section and any other state and federal codes. Any costs associated with the review shall be paid by the applicant. Any payment of such fees would in no way be a substitute of payment for any other application review fees otherwise required by this chapter.

(3)

Performance standards. Any utility scale solar installation shall comply with the following criteria:

a.

Setbacks. All ground-mounted minor and utility-scale solar energy facilities shall be set back at least 150 feet from all abutting public rights-of-way and from adjacent property lines. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas.

b.

Anti-glare and anti-reflective coating required. 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.

c.

Erosion and sediment control. Site clearing shall not exceed 100 acres for each phase of development. Sediment control features shall receive county approval on each phase before beginning any land disturbance or construction activities. Applicants to obtain a written report from an independent engineer determining the stabilization of each phase of construction. Once this determination is made another phase of land disturbance activities can begin.

d.

Security fencing. 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 always maintained while the facility is in operation.

e.

Vegetative buffer. A vegetative buffer sufficient to mitigate the visual impact of the facility is required. The buffer must consist of a landscaping strip at least 150 feet wide, located within the required setbacks and shall run around the entire perimeter of the project area. Buffers shall not contain stormwater holding ponds. Within the buffer area there shall be sufficient existing vegetation and trees to create an opaque visual barrier to screen the project area from view. If no such barrier exists, the applicant shall establish this landscaped strip consisting of two rows of staggered evergreens ten feet apart and on 15-foot centers. Such trees shall be at least three feet tall at the time of planting and expected to grow to a minimum height of 20 feet within ten years. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, or wildflowers must be used in the vegetative buffer.

f.

Existing trees and vegetation in the buffer shall be maintained for the life of the facility. Trees removed from the buffer shall be replaced by planting a similar tree in the buffer at least five feet in height at the time of planting.

g.

The planning commission may recommend, and the board of supervisors impose alternative conditions having the effect of waiving or altering the vegetative screening and/or buffer requirements when the applicant proposes to preserve existing wetlands or woodlands to serve as a buffer.

h.

Utility scale solar installations 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 meets state corporation commission requirements.

i.

If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views and properties.

j.

The applicant shall illustrate compliance with all Federal Aviation Administration regulations concerning solar energy facilities.

(4)

Notice of change in ownership. Notice shall be provided to the county within ten working days of any change in ownership of the facility.

(5)

Decommissioning of a utility scale solar installation. As a condition of the approval of a site plan for a utility-scale solar installation, 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:

a.

At such time that a utility-scale solar installation is known to be abandoned or discontinued, the owner shall notify the zoning administrator within ten days of such knowledge of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the system and restore the site no more than 12 months after the date of discontinued operations.

b.

Decommissioning of discontinued or abandoned system shall include the following:

1.

Physical removal of all solar panels 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 if a written request is submitted by the landowner and approved by the zoning administrator that such roads remain.

2.

Reasonable restoration of the real property, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

3.

Proper disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

c.

Absent notice of a proposed date of decommissioning, the system shall be considered abandoned when the system fails to operate for more than one year without the written consent of the zoning administrator. The county shall determine at its discretion what proportion of the system is inoperable for the system to be considered abandoned. If the applicant fails to remove the solar energy facility in accordance with the requirements of this section within one year of abandonment or the proposed date of decommissioning, the county or its agents shall have the authority to enter the property without further need of consent of the owner and physically remove the system and the costs of such removal shall be at the owner's expense;

d.

Prior to obtaining a building and zoning permit, and on every fifth anniversary of the commencement of the operation of the project, the owner or operator shall provide the county an estimate of the projected cost of decommissioning, as stated in the required decommissioning plan;

e.

The responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, irrevocable letter of credit, or parent guarantee in a form approved by the county administrator or the county attorney. 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 surety shall be an amount approved by the zoning administrator, that is no less than the total estimated costs for decommissioning, removing and restoring the site as stated above, plus ten percent of said estimated costs as a reasonable allowance for administrative costs, inflation, and potential damage to existing roads and utilities; and

f.

The applicant will ensure the surety shall remain in full force and effect until the county has inspected the site and verified the system has been decommissioned as stated above, at which time the county shall release the surety. The surety shall be binding on subsequent owners of the property or energy system. If the property owner or responsible party fails to decommission the project or to decommission a discontinued or derelict solar panel in accordance with this section, the county may access such surety for the completion of decommissioning and site restoration. Any excess funds that accrue after consideration of salvage value may be returned to the responsible party.

g.

A building and zoning permit is required prior to the decommissioning of a solar energy installation.

(Ord. No. 2024-04, 10-3-2024)