17-1-1 Basis for issuance: Use permits may be issued for any of the conditional uses for which a use permit is required by the provisions of this ordinance, provided that the governing body, upon a recommendation by the Planning Commission, shall find that after a duly advertised hearing, the use will not:

17-1-1.1 Affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use.

17-1-1.2 Be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

17-1-1.3 Be in conflict with the purposes of the Comprehensive Plan of the County of Culpeper.

17-1-2 Use permit conditions: In granting any use permit, the governing body shall designate such conditions as it determines necessary to carry out the intent of this ordinance.

(Ords. of 2-3-1998; 11-3-2021)

Editor's note— Amendment of 2-3-1998 deleted section [17-1-2.1] Conditions for land application of sludge in its entirety. Section 17-5 Regulation of Infrequent Land Application of Biosolids was adopted in its place.

17-2-1 Pre-Application Meeting. An applicant shall request and attend a pre-application meeting with the Zoning Administrator, and/or his or her designee, prior to the submission of an application. The pre-application meeting is intended to provide an opportunity for the applicant to discuss the proposed project/use with staff and to receive from staff the necessary guidance to ensure the application submission will be in order and that the application is well managed throughout the review process. The following information shall be provided by the applicant to staff at or before the pre-application meeting:

a.

Summary of the proposed project/use; and,

b.

Statement identifying whether, and detailing how, the proposed project/use is consistent with the Comprehensive Plan, County ordinances, and other applicable state and federal law and regulations, and pertinent County policies and/or regulations.

During the pre-application meeting, staff shall inform the applicant of the applicable review procedures and what application materials are required to be submitted and when. Appropriate third-party agency reviewers (such as VDOT, Health Dept., SCWD, etc.) may be invited by staff to pre-application meetings for additional comment.

(Ords. of 10-6-1981; 3-3-1987; 12-12-1989, 8-3-1999; 11-3-2021)

Editor's note— Section 17-2.1 was repealed in its entirety by the ordinance of 8-3-1999, since the language of this section is substantially repeated in section 17-5, making this section redundant.

17-2-2 Application Contents. An application for a conditional use permit shall contain the following information:

a.

Completed application form. The application form shall be filed by the owner(s) of the property or, with the written consent of the owner(s), the contract purchaser of the property or an authorized agent. A contract owner must submit a copy of the contract to purchase and an authorized agent must submit a copy of the agent authorization document.

b.

Application fee, as set by the Board of Supervisors.

c.

Preliminary site/concept plan. Every application for a conditional use permit shall be accompanied by a preliminary site/concept plan. The plans, at minimum, shall meet the standards in Article 20-5-2, Administrative Site Plans.

d.

A statement or narrative describing in detail the requested use. This statement shall address all the factors for consideration as found in Article 17-1-1, Basis for Issuance.

e.

An affirmative statement identifying any and all potentially adverse effects (e.g., those that adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use; those that are detrimental to the public welfare or injurious to property or improvements in the neighborhood; etc.) that may be associated with the proposed project/use, including those related to or resulting from the development and/or construction of the proposed project/use - and the means proposed to minimize or mitigate such adverse effects.

f.

A description of all special conditions for the use, construction, layout, and/or appearance of the site, which the applicant proposes to be made conditions of the use permit, if granted, for purposes of assuring mitigation of any adverse effects and also the use's compatibility with the surrounding neighborhood.

g.

Other studies as may be needed or required by federal, state, or local laws or regulations, such as a Traffic Impact Analysis (TIA), a geotechnical review, Environmental Impact Assessment (EIA), etc.

(Ord. of 11-3-2021)

17-2-3 Application Submission and Procedure. Every application for a use permit shall be accompanied by a fee in such amount as is set, from time to time, by the Board of Supervisors. The application and all associated and required application materials, plans, narratives, etc. shall be filed in writing with the Zoning Administrator. The Zoning Administrator shall have ten (10) business days following the date of submission of the application and materials to determine whether the application is deemed complete for consideration and review. Having made a determination, the Zoning Administrator shall advise the applicant whether (i) the application is complete or (ii) notify the applicant the application is determined incomplete and arrange for the return of the application and materials to the applicant.

Once the application is determined to be complete and ready for full consideration and review, the Zoning Administrator shall forward the application and its contents to the various agencies, as needed, for their review and comment.

(Ord. of 11-3-2021)

17-2-4 Agency and Staff Review. Agency and staff reviews should be conducted as expeditiously as possible and in accordance with the appropriate state and federal laws and/or regulations for each reviewing agency. The following agencies, as are appropriate, shall review each application and provide recommendations and comments, as necessary:

a.

Virginia Department of Transportation (VDOT).

b.

Virginia Department of Health (VDH).

c.

Virginia Department of Environmental Quality (DEQ).

d.

Culpeper Soil and Water Conservation District (CSWCD).

e.

Culpeper County Environmental Services and/or County Engineer.

f.

Referral to any other reviewing entity as deemed appropriate by the Zoning Administrator.

(Ord. of 11-3-2021)

17-2-5 Planning Commission Review. No application shall be forwarded to the Planning Commission and/or Board of Supervisors for consideration and review until staff and all agency reviews and reports are completed. The Planning Commission shall review the application, agency review comments, and the associated staff report. A minimum of one public hearing shall be conducted by the Planning Commission. The Planning Commission shall forward a recommendation to the Board of Supervisors within three (3) regularly held meetings of the receipt of the completed application, agency review comments, and staff report.

A review period may be extended at the request of the applicant and upon agreement by the Planning Commission in its sole discretion.

The Planning Commission may recommend conditions of approval for consideration by the Board of Supervisors.

All supplementary application materials to be reviewed by the Commission shall be provided to the Commission no later than ten (10) business days prior to the scheduled meeting of the Commission. If additional materials are submitted after this time period and the additional materials and/or any changes are deemed to be substantial by either staff or the Planning Commission, then any decision on the application may be deferred at a minimum until the next regularly scheduled Planning Commission meeting; however, also see Section 17-2-6 below.

(Ord. of 11-3-2021)

17-2-6 Substantial Application Changes or Amendments. If changes to an application or the materials submitted in support of an application are made during the review process, and the nature of the changes and alterations to the project/use are so substantial or significant, a new application may be required to be submitted, including the submission of a new fee. Moreover, application review timeframes will recommence.

The determination as to whether changes are so substantial requiring a new application shall be made by the Zoning Administrator, and/or his or her designee. The determination should take into account the addition or reduction of real property parcels utilized for the project/use, the change in size or configuration of the project/use, changes in accessory structures, changes in onsite facilities, changes affecting erosion and sediment control measures, the nature and complexity of any changes to a professional report and other documents that is submitted, whether the changes prompt new or additional third-party agency review, etc.

All changes and amendments to an application and materials for re-submission shall clearly note, highlight, and identify/redline all changes from the previous submission. Every new submission shall clearly be dated with the date of each re-submission.

(Ords. of 10-6-1981; 3-3-1987; 12-12-1989, 8-3-1999; 11-3-2021)

17-2-7 Conditions. In granting a conditional use permit, the Board of Supervisors may place appropriate conditions on the permit. Such conditions shall be considered made part of the requirements of this chapter. The conditions established as part of the approval may be modified only by submission of a new and complete application, and fee, and following the procedures described in this Section 17.

Permit conditions issued by the Board of Supervisors may vary from permit to permit and may include but not be limited to items such as: duration of permit, size and location of buildings, structures, and/or use, maintenance requirements, landscaping and/or buffering requirements, specific improvements such as road and/or entrance improvements, drainage improvements, etc., hours of operation, limitations on the use of land, density, and or intensity of uses, guaranties or bond requirements.

(Ord. of 11-3-2021)

Construction or operation shall be commenced within one year of date of issuance of the permit, three (3) years for package sewer treatment plants (see Chapter 14, section 14-24, Culpeper County Code), and two (2) years for energy generation facilities. Otherwise, the use permit becomes void unless otherwise extended in accordance with the provisions hereof.
(Ords. of 5-6-1997; 10-2-2018; 11-3-2021)

Editor's note— Ordinance of 5-6-1997 amended this section to allow up to three (3) years to commence construction or operation of a package sewer treatment plant, consistent with section 14-24 of this Zoning Ordinance. Ordinance of 10-2-2018 amended this section also to allow up to two (2) years to commence construction of a utility-scale solar facility. The one-year limitation remains in effect for all other use permits.

17-3-1 Application to Board of Supervisors: Within one year of the issuance of the original conditional use permit, or within one year of the anniversary of the extension date of any conditional use permit extended in accordance with the provisions hereof, the applicant may apply to the Board of Supervisors for an extension of the conditional use permit and any related site plan.

(Ord. of 11-3-2021)

Editor's note— Amendment of 10-3-1995 added the provisions relating to the renewal of special use permits and their related site plans, Subsections 17-3-1, 17-3-2 and 17-3-3.

17-3-2 Causes for granting extensions: The Board may grant one-year extensions of a conditional use permit and any related site plan upon receipt of an application as set forth above, if the Board finds that construction or operation did not commence because of a delay occasioned by the approval required of any state or federal agency or delay attributable to the issuance of any plan or permit required by any state or federal agency.
(Ord. of 11-3-2021)

Editor's note— Amendment of 10-3-1995 added the provisions relating to the renewal of special use permits and their related site plans, Subsections 17-3-1, 17-3-2 and 17-3-3

17-3-3 Effective date: The provisions of this section shall apply to any conditional use permit and related site plan validly in effect on or after January 1, 1995. As to any special use permit and related site plan validly in effect on January 1, 1995, the applicant may apply for renewal on or before December 31, 1995, notwithstanding the provisions of Subsection 17-3-1.
(Ord. of 11-3-2021)

Editor's note— Amendment of 10-3-1995 added the provisions relating to the renewal of special use permits and their related site plans, Subsections 17-3-1, 17-3-2 and 17-3-3.

17-3-4 Discontinuance of Conditional Use Permit: A conditional use permit shall run with the land, unless the Board of Supervisors imposes a more restrictive condition regarding succession of rights in conjunction with approval.

(Ords. of 1-3-1995; 11-3-2021)

Editor's note— Amendment of 10-3-1995 added the provisions relating to the renewal of special use permits and their related site plans, Subsections 17-3-1, 17-3-2 and 17-3-3.

17-4-1 Violation of Permit Conditions. Permit conditions approved by the Board of Supervisors shall constitute provisions of this Ordinance and shall be enforced as such. Failure to comply with approved conditions shall constitute a violation of this Ordinance and may be cause for revocation of the conditional use permit by the Board of Supervisors.

(Ord. of 11-3-2021)

17-4-2 Revocation of Permit. Upon determination by the Zoning Administrator, and/or his or her designee, of any violation of a conditional use permit, such permit may be subject to revocation, if the violation is not corrected to the satisfaction of the Zoning Administrator within 90 days of written notice to the property owner and/or permit holder. Such written notice shall specify the violation and necessary corrective actions. If the violation is not corrected withing the specified time, the Board of Supervisors shall then have the authority to revoke the permit after proper notice and public hearing as provided by Code of Virginia, Section 15.2-2204.

The following circumstances may result in revocation of a conditional use permit:

a.

Failure to establish the approved conditional use;

b.

Discontinuance of the approved conditional use;

c.

Violations of this Chapter 17 or the County Code of Ordinances, including repeated or continuing violations;

d.

Violations of the conditions placed upon the permit; or,

e.

The submission of fraudulent, false, or misleading information by the applicant in applying for the conditional use permit, including statements made in the application, accompanying materials to the application, to the Planning Commission, or to the Board of Supervisors.

(Ord. of 11-3-2021)

No application for a use permit for the same lot shall be considered by the governing body within a period of one year from its last consideration. This provision, however, shall not impair the right of the governing body to propose a use permit on its own motion.

(Ord. of 11-3-2021)

Editor's note— An ordinance adopted Nov. 5, 2003 deleted previous § 17-5 which pertained to regulations of infrequent land application of biosolids and derived from Ord. of Feb. 3, 1998; and Ord. of Aug. 3, 1999.

17-6-1 Definitions: The following definitions shall apply in this section 17-6.

17-6-1.1 Alternative Tower Structure shall mean man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

17-6-1.2 Antenna shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

17-6-1.3 FAA shall mean the Federal Aviation Administration.

17-6-1.4 FCC shall mean the Federal Communications Commission.

17-6-1.5 Height, when referring to a tower or other structure, shall mean the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

17-6-1.6 Tower shall mean any structure used for the purpose of supporting one or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, alternative antenna support structures such as buildings and rooftops, and other existing support structures.

17-6-2 Purposes, Goals and Application:

17-6-2.1 Purpose and goals. The purpose of this ordinance is to establish general guidelines for the siting of towers and antennas. The goals of this ordinance are to: (1) encourage the location of towers in non-residential 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 them in a way that minimizes the adverse visual impact of the towers and antennas; and (5) to provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the County. This ordinance is intended to comply with all federal and state regulations.

17-6-2.2 General Applicability; Special Use Permit Required. The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at greater than, the maximum height in the Zoning District in which they are to be located. A special use permit shall be required for such towers and antennas. No variance for such uses shall be required or will be appropriate.

17-6-2.3 Amateur Radio and Receive-Only Antennas. This section 17-6 shall not govern any tower, or the installation of any antenna, that is (1) less than the maximum height allowable in the Zoning District in which it is located and is owned and operated by a federally-licensed amateur radio station operator or is (2) used exclusively for receive only antennas. In addition, notwithstanding anything herein to the contrary, this section 17-6 shall not be construed or enforced to restrict amateur radio antenna height to less than two hundred (200) feet above ground level as permitted by the FCC, or to restrict the number of amateur radio antenna support structures.

17-6-2.4 Existing Structures and Towers. The placement of an antenna on an existing structure such as a building, sign, light pole, silo, water tank, or other free-standing non-residential structure or existing tower constructed before February 2, 1999, or which has been previously approved by the County shall be permitted provided the addition of the antenna shall not add more than twenty (20) feet in height to the structure or tower and provided, however, that such permitted use may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use and further provided that such permitted increase in height does not result in a change in the lighting status.
(Ord. of 3-6-2001)

17-6-2.5 Small Broadband Facilities (SBFs). The following uses shall not require a conditional or special use permit.

a.

Applicability.

1.

SBFs of less than the maximum height allowed in the general regulations for the underlying zoning district.

2.

SBFs greater than the maximum height allowed in the general regulations for the underlying zoning district, but less than one hundred (100) feet tall;

3.

A SBF located, co-located or combined on an existing or alternative support structure of any height, provided that: (i) The addition of said SBF does not increase the height of the existing structure beyond a maximum height of one hundred (100) feet; (ii) The addition of the SBF does not require expansion of the footprint of the support structure or the associated equipment compound; and (iii) any equipment compound associated with the SBF shall be brought into compliance with applicable landscaping requirements as found in Article 33.

4.

Small Cell Facilities as regulated by and in accordance with Code of Virginia, § 15.2-2316.4.

b.

General Requirements.

1.

Owner's responsibility. It is the responsibility of the owner of a SBF and/or the landowner to maintain it in a safe and usable condition and remove it once its useful life has ended.

2.

Notice to repair. If the county finds and declares that a SBF has fallen into disrepair, become unsafe or a danger to the public health safety and general welfare, the zoning administrator may issue a written notice to the owner of the wireless communication facility or the property on which it is located, or both, demanding that the nuisance be abated within thirty (30) days or such period of time as the county building official may determine is reasonable.

3.

The county is not responsible for maintenance of a SBF.

4.

The applicant shall obtain all required zoning and/or building permits for the SBF; including submitting any necessary documentation to ensure structural integrity.

5.

SBF(s) .....shall not be lighted.

6.

No signage of any type shall be placed on the SBF.

7.

All associated equipment including but not limited to the antennas, dishes, and any other mechanical, electrical or supporting should be installed with material and colors that are as visually unobtrusive as practical.

c.

Setbacks.

1.

Any free-standing support structure for a SBF as well as any other ancillary equipment associated with a SBF shall be subject to the accessory use setbacks as found in each applicable zoning district.
(Ord. of 1-3-2018)

17-6-3 Use Regulations, General Guidelines and Requirements:

17-6-3.1 Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses when considering area requirements on a given lot or parcel of land. A different existing use or an existing structure on the same lot or parcel shall not preclude the installation of an antenna or towers on such lot or parcel. 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 or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with provisions of this section 17-6 shall not be deemed to constitute the expansion of a nonconforming use or structure.

17-6-3.2 Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Culpeper County Planning and Zoning Department an inventory of the existing facilities owned, operated or under the effective control of the applicant, the applicant's parent company or any of its affiliates that are either within Culpeper County or within five (5) miles of the border thereof, including specific information about the location, height, and design of each tower. The planning and zoning department may share such information with other applicants applying for approvals or special use permits under this ordinance or with other organizations seeking to locate antennas within Culpeper County, provided, however that the planning and zoning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

17-6-3.3 Design, Aesthetics and Lighting. The guidelines set forth in this section shall govern the location of all towers and the installation of all antennas governed by this ordinance; provided, however, that the Board of Supervisors may waive any of these requirements if it determines that the goals of this ordinance are better served thereby.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos.

b.

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

c.

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.

d.

Towers shall not be artificially lighted, unless required by the FAA, the Board of Supervisors, or other applicable authority. If lighting is required, the lighting shall be designed in a manner which would cause the least disturbance to the surrounding views, and comply with FAA guidelines.

e.

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

f.

Towers shall be designed to collapse within the lot lines or parcel boundaries in case of structural failure.

g.

Towers shall be located a minimum of one mile from any designated Virginia Scenic Byway. This provision shall not apply to Emergency Communication Towers.
(Ords. of 10-3-2000; 2-6-2001(4))

Editor's note— The ordinance of 10-3-2000 deleted former Subsection f, and added a new Subsection g.

17-6-3.4 Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government 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 ordinance 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 revocation of the use permit and the removal of the tower or antenna at the owner's expense.

17-6-3.5 Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

17-6-3.6 Information Required. Each applicant requesting a special use permit under this section 17-6 shall submit the following information and documentation.

a.

A scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Planning Commission or the Board of Supervisors to be necessary to assess compliance with this ordinance. Additionally, applicant shall provide actual photographs of the site from relevant views designated by the County that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the mid-ground and the background of the site.

b.

An engineering report, including a structural analysis stating the load bearing capability of the tower must be submitted by the applicant. In addition for all towers in PCTDA locations, such report shall certify that the proposed tower is compatible for co-location with a minimum of six (6) similar users including the primary user, must be submitted by the applicant.
(Ord. of 10-3-2000)

Editor's note— The ordinance of 10-3-2000 added the second clause to the first sentence, the first clause to the second sentence and increased the minimum number of co-location users required.

c.

The applicant shall provide copies of their co-location policy.

d.

The applicant shall provide copies of propagation maps demonstrating that proposed antenna locations, including possible co-locator antenna locations, are no higher in elevation than necessary to provide the desired coverage.

e.

The applicant shall provide a copy of Form 7460-1 which must be filed with the FAA. The applicant must also provide proof of FAA approval and an indication of the lighting requirements imposed by the FAA.
(Ord. of 10-3-2000)

Editor's note— The ordinance of 10-3-2000 added Subsection e to this section.

17-6-3.7 Factors Considered in Granting Special Use Permits for New Towers or Poles. The Board of Supervisors shall consider the following factors in determining whether to issue a special use permit, although the Board of Supervisors may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this ordinance are better served thereby.

a.

Height of the proposed tower or pole;

b.

Proximity of the tower or pole to residential structures and residential district boundaries;

c.

Nature of the uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

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

g.

Proposed ingress and egress;

h.

Co-location policy;

i.

Language of the lease agreement, particularly any language dealing with co-location;

j.

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

k.

Availability of suitable existing towers and other structures as discussed below; and

l.

Proximity to commercial or private airports.

m.

Compliance with the goals, objectives and policies set forth in Chapter VI.B of the Culpeper County Comprehensive Plan for Commercial Wireless Technology Facilities.
(Ord. of 10-3-2000)

Editor's note— The ordinance of 10-3-2000 added subsection in to this section.

17-6-3.8 Availability of Suitable Existing Towers or Other Structures. No new tower shall be permitted unless the applicant clearly demonstrates to the reasonable satisfaction of the Board of Supervisors that no existing tower or structure or an alteration, extension or adaptation thereof can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure or an extension thereof can accommodate the applicant's proposed antenna may consist of any of the following:

a.

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

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements, and cannot be extended, altered or adapted to meet such requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be altered, adapted or reinforced to provide sufficient structural strength.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna(s) on the existing towers or structures would cause interference with the applicant's proposed antenna, and further that an extension, adaptation or alteration of the existing towers or structures would not eliminate or reduce such interference within acceptable limits.

e.

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

f.

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

17-6-3.9 Setbacks. The following setback requirements shall apply to all telecommunications facilities and antennas for which a special use permit is required; provided, however, that the Board of Supervisors may reduce the standard setback requirements if the goals of this ordinance would be better served thereby.

a.

Towers must be set back a distance equal to two hundred percent (200%) of the height of the tower from any off-site residential structure and in no case less than four hundred (400) feet.

b.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

17-6-3.10 Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Board of Supervisors may waive such requirements, as it deems appropriate.

17-6-3.11 Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required, however, the Board of Supervisors may waive such requirements if the goals of this ordinance would be better served thereby.

a.

Telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities.

b.

In locations in which the Board of Supervisors finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the Board of Supervisors may determine that the natural growth around the property perimeter may be sufficient buffer.

d.

Existing trees within one hundred (100) feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicles or placement of support structures and equipment. Such tree preservation must be assured by including the affected area within the property to be controlled by the owner of the tower.
(Ords. of 10-3-2000; 3-6-2001)

Editor's note— The ordinance of 10-3-2000 lowered the tree preservation area to one hundred (100) feet from two hundred (200) feet and added the last sentence of this subsection.

17-6-3.12 Local Government Access. Owners of towers shall provide the County co-location opportunities as a community benefit to improve radio communication for County departments and emergency services provided it does not conflict with the colocation requirement of Subsection 17-6-3.6(b). At least one space shall be available for County use on all towers at the time of use permit approval, and in no event shall that space be occupied by another user without providing the County at least sixty (60) days written notice and an opportunity for the County to lease the space at that time.

17-6-3.13 Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the County 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 then-current property owner's approval, provided they remain screened as provided above. If there are two (2) 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 as required herein, the County may require the property owner to have it removed.

17-6-3.14 Required Yearly Report. The owner of each such antenna or tower shall submit a report to the Culpeper County Planning and Zoning Department once every two (2) years, between June 1 and July 1. Updates of these reports shall be provided at the request of the County at any time, within fifteen (15) days of such a request. The report shall state the current user status of the tower, including an inventory of any leased spaces or antennas on the tower, the details of any such leased spaces or antennas, the owner(s) of any such lease or antennas, and current contact information on such owner(s). The report shall further certify compliance with all then-applicable federal, state and local laws, regulations, codes and ordinances. Immediate notification shall be given any time that all spaces on the tower are no longer leased.

17-6-3.15 Review Fees. All tower applications shall be referred to a professional engineer for technical review. The fees for such a review shall be paid by the applicant up front, at the time of application. This fee will be in addition to the use permit application fee. The technical review shall be considered by the Planning Commission and the Board of Supervisors in addition to their consideration of land use and other issues. A favorable review does not insure that an application is appropriate.
(Ord. of 10-3-2000)

Editor's note— Amendment of 10-3-2000 completely rewrote this section 17-6-3.15. Amendment of 2-2-1999 added a new section 17-6 to the Zoning Ordinance to establish and set forth standards for telecommunications antennas and towers.

17-7-1 Definitions: The following definitions shall apply in this Article 17, Section 17-7.

17-7-1.2 Concentrating Solar — Thermal Power Systems (CSP) — Technology, including but not limited to, mirrors and power tower type systems used to generate electricity by converting energy from sunlight to thermal energy used to power a turbine.

17-7-1.3 Decommissioning — The process of removing from active service; To deactivate and shut down.

17-7-1.4 Decommissioning Plan — A plan to disconnect, remove, and properly dispose of equipment, facilities, devices, and materials.

17-7-1.5 Utility Scale Solar Facility — A renewable energy project that generates electricity from sunlight that will be used to provide electricity to a utility provider and/or customer.

17-7-1.6 Viewshed Analysis — The process of identifying locations that are visible from one or more observations points. Viewshed analysis may also be referred to as a line of sight or visibility analysis.

17-7-2 Statement of Intent: It is the intent of this Article 17, Section 17-7 to:

17.7-2.1 Establish a proper balance for energy generation needs and projects that are representative of Culpeper County's footprint on the electrical grid.

17-7-2.2 Establish parameters for renewable energy generation facilities so as to limit "utility scale solar sprawl" in order to preserve farmland, protect historic resources, and ensure that such development is compatible with neighboring properties.

17-7-2.3 Provide criteria to be addressed in the siting of any renewable energy facility that generates electricity from solar resources. The criteria shall provide for the protection of the County in a manner consistent with the goals of the Commonwealth to promote the generation of solar energy resources.

17-7-2.4 Include provisions establishing requirements upon the siting of any renewable energy facility, including but not limited to provisions limiting noise, requiring buffer areas and setbacks, ensuring limits on mass grading, and addressing generation facility decommissioning.

17-7-2.5 Be consistent with the provisions of the Commonwealth Clean Energy Policy, where appropriate, pursuant to Title 45.2, Chapter 17, Section 1708 (Role of local governments in achieving objectives of the Commonwealth Clean Energy Policy) as amended.

17-7-3 General Applicability; Conditional Use Permit Required. The requirements set forth in this Article 17, Section 17-7 shall govern the location of renewable energy generation facilities including, but not limited to: utility scale solar facilities. These provisions are intended to govern any energy generation facility that produces electricity that will be sold to or used by a utility provider or for the wholesale market. A conditional use permit shall be required for such facilities as required in the underlying zoning district in which these facilities may be located.

These provisions are not intended to govern renewable energy facilities and/or accessory structures (with emphasis) that are producing the electricity needs for the direct, actual, and onsite use of the associated properties, e.g., structures such as roof top solar panels, ground mounted solar arrays used exclusively by the property upon which a facility is located.

17-7-4 Area Regulations.

17-7-4.1 Project Area Regulations: The maximum project area for any facility, which includes panels and all associated equipment, shall be no more than three hundred (300) acres.

17-7-4.2 Height Regulations: Structures may be erected up to a maximum height of fourteen (14) feet from the finished ground elevation. This height limit does not apply to any associated aerial electric lines and/or substation equipment that may be erected in association with a utility scale solar project.

17-7-4.3 Setback Regulations: All structures and above ground equipment associated with any project shall be located a minimum of two hundred (200) feet from (i) any street right-of-way and (ii) from all side and rear property lines and boundaries. This setback requirement shall not prevent any required landscaping being located closer than 200 feet from any street and side and rear property lines and boundaries.

17-7-5 Decommissioning Provisions: Either at the end of its lifespan or in the event of inactivity for more than twelve (12) consecutive months, a permitted utility scale solar facility must and shall be decommissioned in accordance with Article 17, Section 17-7 and all other applicable local, state, and federal laws and regulations. All energy generation equipment and associated/related equipment, including but not limited to, buildings, machinery, equipment, cabling, security barriers, roads, et. shall be removed. Permitholders shall restore site and soil conditions to pre-project conditions and levels. Decommissioning plans shall provide for and include the removal of all surface and subsurface features, plans to restore the land and soil of the project areas, and detailed information as to how all materials will be properly disposed of and/or recycled. Efforts shall be made to reduce the amount solar facility infrastructure that is anchored with concreted footings to the extent possible for ease of removal after the useful life of the facilities. Decommissioning plans shall be updated every three (3) years. The following decommissioning provisions shall also apply:

a.

Notice of inactivity — Permitholders and landowners shall be responsible for notifying the Zoning Administrator within (thirty) 30 days of a facility becoming inactive or when a permitted facility no longer produces electric power for transmission by a public utility. Notification to the Zoning Administrator shall be provided in writing.

b.

If a permitted facility remains inactive for more than twelve (12) consecutive months, the permit may be subject to revocation; provided, however, that, if during the twelve-month period and at the time of potential revocation, the Permitholders and/or landowners can sufficiently demonstrate to the Board of Supervisors that they are diligently working to restore the permitted facility to active operation following an act or acts of force majeure and that restoration to active operation may be accomplished within a reasonable time under the circumstances, permit may not be revoked in the discretion of the Board of Supervisors.

c.

Decommissioning process—Upon completion of a facility's lifespan or following revocation or other lawful termination/end of a conditional use permit, the facility shall be decommissioned, and the site shall be returned to the condition which existed prior to construction of the facility, including removal of all equipment and debris except any substation that is deemed critical infrastructure to the electrical grid.

d.

Trenches or other borings or excavations made in association with the facility shall be filled and compacted at the time of decommissioning.

e.

A decommissioning plan shall be provided by the Applicants, Permitholders, and/or landowners; all lawfully requisite permits shall be obtained prior to conducting decommissioning activities.

f.

All decommissioning activities shall be completed within nine (9) months of the due date established hereunder subsection 17-7-S(a) for providing a notice of inactivity to the Zoning Administrator or nine (9) months from the date a notice of inactivity is actually provided to the Zoning Administrator, whichever is sooner.

g.

If a facility is not decommissioned timely and in accordance with all of the provisions of Article 17, Sec. 17-7 and all applicable local, state, and federal laws and regulations, the County may cause the removal of the facility, with costs being borne by the Permitholders and landowners, with such liability and responsibility being joint and several.

h.

Components of a facility removed from a site during and/or attendant to decommissioning shall be handled and disposed of in compliance with all applicable local, state, and federal law and regulations. Applicants, permitholders, and landowners shall re-use and/or recycling components, including utilizing any "extended producer responsibility" programs offered by vendors of a particular component, as opposed to and over landfill disposal.

i.

In no event, shall any hardware, parts, structures, components, or any portions of a project or facility that are damaged, replaced, or decommissioned be brought to or disposed of in a landfill or solid waste transfer station in Culpeper County, Virginia.

j.

A surety agreement and attendant financial or bond instrument and guarantee for decommissioning, in a form acceptable to the County Attorney, and in an amount as determined sufficient and set by the Board of Supervisors, shall be submitted prior to the issuance of any construction or building permits, and land disturbance permits. Surety amounts shall be reviewed every three (3) years and adjusted appropriately to account for inflation, the market for the pertinent acts of decommissioning, other relevant cost variables, etc. Surety agreements and guarantees shall expressly specify that all Permitholders and all landowners are responsible for decommissioning in accordance with Article 17, Section 17-7 and all applicable local, state, and federal laws and regulations - jointly and severally.

17-7-5.1 Decommissioning Surety: An itemized and detailed decommissioning cost estimate shall be provided with the conditional use permit application for a facility/project. Prior to the issuance of any construction, building, and land disturbing permits for a permitted facility/project, the Permitholders and landowners shall enter into a surety agreement for decommissioning and post surety in a form acceptable to the County Attorney, and in an amount determined sufficient and set by the Board of Supervisors. The following provisions shall apply to the decommissioning surety:

a.

The aforementioned decommissioning cost estimate and surety amount shall be reviewed and considered by an independent professional engineer, as selected by the County Administrator or his designee, for comment and recommendation. The independent professional engineer shall be paid for by the Applicant.

b.

The amount of the requisite surety, thereafter, shall be set by the Board of Supervisors. Any required surety is intended to account for a reasonable and sufficient estimate of the projected gross cost of decommissioning a facility. In no event will credit for estimated recycled or salvage material values be used in the calculation of surety amounts or to reduce the amount of a decommissioning surety.

c.

Every three (3) years from the date of issuance of a permit, an independent professional engineer, as selected by the County Administrator and to be paid for by the Permitholders, shall review the surety amount and shall determine whether it should be revised, according to inflation, the market for pertinent acts of decommissioning, and other relevant cost variables with regard to decommissioning to ensure that the posted surety will cover any projected gross cost.

d.

Surety amounts shall cover costs associated with reclaiming the land for agricultural and/or forestry use, where previously established. This shall include but is not limited to estimates to mitigate any heavy metal or herbicide residues. Surety amounts shall also include costs required to restore soil properties that are essential to supporting crop productivity, where appropriate, as determined by the Board of Supervisors.

e.

Surety instruments and funds shall be released, only after decommissioning in accordance with Article 17, Section 17-7 and all other applicable local, state and federal law and regulations, is complete, as determined by the Board of Supervisors, and a detailed report has been submitted to the County Administrator, or his designee, demonstrating full compliance with all decommissioning requirements to the satisfaction of the County Administrator, or his designee.

17-7-6 Special Provisions for Utility Scale Solar Generation Facilities: The following provisions shall apply to each utility scale solar facility and conditional use permit attendant thereto that is issued.

a.

Use Permit is nontransferable. Any permit issued shall be granted solely for the subject property for operation of a utility scale solar facility. This conditional use permit shall be binding on any successors, assignees, current or future lessee, sub-lessee, or owner of the renewable energy facility. The permit shall not be assignable to a third party absent the written consent of the Board of Supervisors of Culpeper County. It is important that successors-in-interest be on written notice of the Permit and its terms and conditions, and the approved terms and conditions are legally binding on all successors-in-interest, including successor utility companies.

Applicants and Permitholders shall provide and keep current at all times, in writing, their contact information and relational charts to the County Administrator, or his designee, with a mandatory copy to the County Attorney, regarding business addresses, telephone numbers, contact email addresses, business structure and affiliations, including but not limited to their affiliations, members, parent company, and subsidiaries prior to issuance of a land disturbance permit and at all times thereafter. The County shall be notified promptly and within no more thirty (30) days of any change in business addresses, telephone numbers, contact email addresses, business structure and affiliations, business ownership, including but not limited to their affiliations, members, parent company, and subsidiaries.

b.

Term Limit. The term limit for facilities shall be determined through the conditional use permit process.

c.

Access. Access to the site for inspections shall be accommodated for staff and/or other appropriate County officials with a 24-hour notice to the applicant.

d.

Maintenance of site features. All site features, including landscaping, fencing, stormwater management facilities, etc. shall be properly maintained throughout the life of the permit. Maintenance of such features shall be guaranteed by a surety agreement as determined by an independent landscape architect or professional engineer chosen and approved by the County Administrator but paid for by the Applicants and/or Permitholders. Surety in a form acceptable to the Culpeper Attorney and in an amount determined sufficient and set by the Board of Supervisors is required.

e.

Submission of site plan. A site plan in accordance with Article 20 of Appendix A of the Culpeper County Code shall be submitted prior to issuance of any building permits. The County may choose to contract with a third-party plan reviewer to help with the site plan review process. All fees associated with any third-party plan review shall be paid by the Applicants, Permitholders, and/or successors-in-interest. Site plans shall reflect and properly illustrate all conditions as set forth in the conditional use permit.

f.

Fire & EMS coordination and training. Permitholders shall work proactively with the Director of Emergency Services and the local volunteer Fire/EMS Chiefs (first and second due) to develop an Emergency Response Plan which will include an agreed-upon set of procedures and protocols for managing risk of fire and for responding in the event of an emergency at the facility (i) at the time of and during construction, (ii) post-construction and during the course of regular operations, and, (iii) at the time of and during decommissioning.

The Applicants, Permitholders, and successors-in-interest, at a minimum, at all times shall provide and be responsible for, and keep current:

1.

Emergency communications direction, including but not limited to emergency phone numbers and key points of contact.

2.

Special training for the County's local (career and volunteer) fire and emergency services personnel, including occasional tours of the site to ensure awareness and familiarity of the site and equipment, as well as points of ingress/egress, by the emergency response entities.

3.

Designated shut off procedures and identified locations for equipment shut off.

4.

Maps outlining the location of key equipment, such as the location of lockboxes, inverters, transformers, system/electrical cut-off switches, and points of ingress/egress at the facility.

5.

An Emergency Response Plan shall be submitted and reviewed in conjunction with the permit application materials and shall be adopted and required as part of the conditional use permit process and site plan approval process.

6.

A designated fire lane shall be provided for emergency access to and through the site and shall be shown on submitted preliminary plans indicating construction details of such access and adopted as part of the conditional use permit process and the site plan approval process.

7.

Training shall be provided and updated (i) whenever significant modifications and/or repairs are made to the facility and (ii) at the request of a local Fire/EMS Chief (first and second due) and/or the County's Emergency Services Director.

g.

Noise. All construction activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m. or sunset, whichever occurs earlier, Monday-Saturday and will be prohibited on Sundays. This condition shall apply to noise generated during the construction of the facility, its ongoing operation and maintenance, any replacement of equipment, and at the time of the decommissioning of the facility, including but not limited to deliveries of material and/or equipment. This restriction shall not apply to emergency repairs (e.g., storm damage or other force majeure) that are critical and necessary to the facility providing power.

h.

Entrance requirements. The following conditions shall apply to the property entrances:

1.

The applicant shall obtain all required permits from VDOT and complete all required improvements to the property entrances prior to issuance of a land disturbance permit.

2.

In the event that there is damage to the adjoining properties as a result of ingress/egress of construction vehicles, the applicant shall remedy all damage in full prior to issuance of a final inspection for the project.

3.

Access roads are to be marked with identifying signage.

i.

Signage. No signage of any type may be placed on the facility other than notices, warnings, and identification information required by law. During construction only, limited signage may be permitted to identify the companies performing the construction and to provide notice to the general public. This shall not prohibit the installation of any required signage as part of the approved traffic impact mitigation plan as required.

j.

Security/Fencing. The facility should be enclosed by security fencing not less than six (6) feet in height. The type of fencing utilized at the site shall be in keeping with the area character. For example, board fencing may be a more suitable security fencing which more closely matches area character and/or improves aesthetics. However, any fencing utilized shall be required to meet the standards of the National Electric Code and other applicable local, state, and federal laws and regulations. To the extent possible, all required fencing shall be placed behind planned perimeter landscaping.

k.

Lighting. Lighting shall be the minimum necessary for safety and/or security purposes and shall use shielded fixtures to minimize off-site glare. Any utilized lighting shall comply with Article 32 of the Zoning Ordinance. The full site plan shall include a photometric plan that depicts the location, type, power, and predicted lighting levels of each permanent and semi-permanent fixture.

l.

Structures. Any proposed structures, including but not limited to panels, inverters, substations, etc. shall be of a neutral color, so as to reduce visual obtrusiveness. Any supporting electrical and mechanical equipment such as racking for the panels, inverters, etc. must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure, so as to make related equipment visually unobtrusive.

m.

Annual Notices.

1.

Permitholders shall provide a written annual statement of activity to the County Administrator, or his designee, which shall confirm and detail activity and electricity generation, including contribution to the power grid, at the site. This will help ensure that the facility is still actively producing electricity for the power grid.

2.

Permitholders shall provide a written annual report to the County Administrator, or his designee, identifying what if any equipment (panels, inverters, etc.) has been replaced and provide specific information regarding such replacement.

3.

Permitholders shall provide the County Administrator, or his designee, a written annual report(s) or other official government documentation from the Department of Environmental Quality that sufficiently demonstrate that all permits including but not limited to permits issued under the Virginia Stormwater Management Program (VSMP) are still active and being maintained in good standing.

4.

Permitholders shall provide the County with a perpetual Erosion and Sediment Control and/or stormwater management facility maintenance agreement ensuring all Erosion and Sediment Control and Stormwater management facilities are properly maintained. The Permit Holder shall provide the County with records of all required inspections and maintenance work performed on such facilities. This shall be provided at a minimum on an annual basis or sooner as otherwise required or requested by the County or State.

n.

Violation of Conditions. Notices of Violation shall be sent to Permitholders, landowners and/or other successors-in-interest if there is evidence that suggests the use in not in conformance with any of the adopted conditions of permit approval, the Zoning Ordinance including but not limited to Article 17, Sec. 17-7, and/or any other applicable law for which the Zoning Administrator may issue notices. If a violation remains after notice of violation is received, any continued violation of any of the conditions of permit approval, the Zoning Ordinance including but not limited to Article 17, Sec. 17-7, and/or any other applicable law for which the Zoning Administrator may issue notices, shall be grounds for revocation of the conditional use permit and any other penalties as allowed under Article 23 (Violations and Penalties), and any other applicable local, state, and/or federal law and regulations.

o.

Liability Insurance. The Board of Supervisors shall determine through the conditional use permit application process whether and what types of liability insurance are required for a particular facility/ project. The type of insurance and amount shall be determined and set by the Board of Supervisors. The insurance documents and policies shall be in a form approved by the County Attorney.

p.

Erosion and Sediment Control Plan. Permitholders shall submit prior to the issuance of any land disturbance permits a proposed erosion and sediment control plan in accordance with Chapter 8 of the Culpeper County Code and the Virginia Erosion and Sediment Control Handbook (VESCH). Permitholders shall also provide evidence of any and all required state and/or federal permits prior to the issuance of a land disturbance permit. The erosion and sediment control plan shall:

1.

Adhere to the Virginia Erosion and Sedimentation Control Regulations and the Virginia Erosion and Sedimentation Control Handbook (a/k/a the "Green Book").

2.

Provide that no topsoil will be removed from the facility/site but instead will be used onsite to establish ground cover.

3.

Incorporate riparian buffers of at least a minimum of 100 feet from the top-of-bank of all perennial watercourses. Larger watercourses and water bodies as determined by the Board of Supervisors may require larger riparian buffers. Riparian buffers shall also include any and all associated steep slopes and other environmentally sensitive features in relation to the perennial watercourses.

4.

Incorporate a protocol developed in coordination with the County Administrator, or his designee, Culpeper County Soil and Water Conservation District, and Virginia Department of Environmental Quality ("DEQ") that specifies the phased construction of designated units of land so that the total area of disturbed land at any one time is appropriately limited given the nature of the construction activities, the size of the Project, the topography and water resources of and in the project area, and the erosion and sediment controls to be employed. The protocol will be designed to ensure that ground cover is expeditiously established, and appropriate site stabilization achieved throughout construction.

5.

Plan shall indicate any area of disturbance that is denuded of vegetation shall be stabilized within fourteen (14) days.

6.

Final phasing plan shall be fully determined with the submission of the full site plan. 'Fully stabilized' shall mean at least 80% vegetative cover. A preliminary phasing plan shall be submitted as part of the conditional use permit process and review.

7.

Include sufficient surety to guarantee that funding is available to implement and maintain all required erosion and sediment control measures.

8.

Provide for the funding of any as needed a third-party erosion and sediment control inspector during the period of construction. Any as needed third-party erosion and sediment control inspector, while paid for by the Applicant, Permitholders and/or any successor-in-interest, shall be selected and managed by the County Administrator, or his designee.

q.

Vegetation Management Plan. The Applicant, Permit holders and/or successors-in-interest shall submit a preliminary proposed vegetation management plan at time of submittal of the conditional use permit application, and also a final proposed plan for ground cover within the fence lines of the facility/project to the County Administrator, or his designee, for review and approval as part of the full site plan, which shall:

1.

Describe in detail the design and type of ground cover to be used, which will consist primarily of native grasses and associated low-growing species.

2.

The plan shall include a description of how any existing tree and vegetation cover will be removed, reused, or otherwise disposed of. This plan shall mention whether any burning of vegetation will be needed and detail when and how this is to be performed.

3.

Include a general plan and schedule for managing the growth of the vegetation over the operational life of the facility so as to maintain a neat and clean appearance.

4.

Include measures to prevent and control noxious weeds and invasive species.

5.

Emphasize mowing and other mechanical means as the primary method of managing vegetation growth.

6.

Identify any class of herbicide to be used and provide that use of any such herbicide will be in accordance with its approved label.

7.

Identify the quantity and type of herbicides expected to be used annually for the Facility.

8.

Provide that only biodegradable soap and water, and no other chemicals, may be used to clean the surface of solar panels.

9.

Provide for the review by the County Administrator, or his designee, of any proposed significant changes to the vegetation management plan during the operational life of the facility/project.

r.

Protection of Soils. In addition to using only biodegradable soap and water to clean solar panels and complying with the above limitations on herbicides, Applicants, Permitholders, and successors-in-interest shall take the following steps to ensure the protection of soils from the operation of the facility/project:

1.

Promptly report, orally and in writing, to the County Administrator, or his designee, and within twenty-four (24) hours of becoming aware of an issue as to (1) any breakage or loss of integrity of any component that has the potential to result in hazardous materials reaching and/or spilling upon the ground surface; and (2) any actual spillage of fluid other than water to the ground surface, such as the leakage from an inverter of transformer cooling oil. Within seven (7) days following reports made hereunder, the Applicants, Permitholders, and/or successors shall provide a written, follow-up report to the County Administrator, or his designee, that describes in detail the incident, the area affected, and all of the measures taken to respond to, remediate, and remedy the situation.

2.

Take representative soil samples from the project area prior to land disturbance activities for the project, and then again at the end of the first year of operation to establish a baseline of constituents important for agricultural and forestry productivity and compare the results to paired samples of those constituents from the same locations taken at the start of decommissioning. Any significant difference that may adversely affect agricultural and forestry productivity and that is reasonably attributable to the operation of the Facility shall be addressed as part of Applicant's obligation to return the area to substantially the condition that existed prior to construction.

a.

Grid sampling techniques shall be used to determine soil conditions. There should be a minimum of eight (8) boreholes performed per 5 megawatts of the general area of a proposed facility.

b.

Borings shall also be performed wherever stormwater dams are proposed and also where structures and facilities are to be located.

c.

Soil samples should continue to be taken and analyzed and submitted to the County every five (5) years after the first year of operation.

3.

A sealed dry-waste container shall be maintained at the Facility for the disposal of any damaged solar panels.

s.

Reconstruction.

1.

Permits issued authorize only the initial construction, operation and decommissioning of the Facility and does not authorize the reconstruction or substantial change in location of the major land-disturbing components of the Facility, such as the collection yard, pilings, racking, roads, buried collection lines, and fencing. Any such reconstruction may be authorized only pursuant to the County's requirements at the time applicable to new projects.

2.

This requirement does not apply to routine maintenance, repair and replacement of components and does not preclude the wholesale replacement of operating components of the Project not involving significant land disturbance, such as the replacement of operating components of the collection yard, solar panels, inverters, and pyranometers. Any equipment replacement program that will result in significant truck traffic potentially disruptive to neighbors shall be undertaken only after approval by the County Administrator and/or his designee of a traffic management plan and shall be limited to the hours of 8:00 a.m. to 6:00 p.m. or sunset whichever occurs earlier, Monday through Saturday.

t.

Panel Specifications and Composition. At the time of conditional use permit application, the applicant shall provide the County with the general size and type of panel that is being proposed.

1.

At the time of site plan approval, the Permit holder shall provide to the County Administrator and/or his designee, with a copy to the County Attorney, a written panel specification disclosure document that includes the composition, toxicological information, and the physical and chemical properties of all of the solar panels being utilized for the Project.

u.

Substantial upgrades and/or changes in design and/or operation. Any substantial upgrades or changes made to the design or operation of the solar facility and/or the Project that are planned shall be disclosed to the County Administrator and/or his designee at least (ninety) 90 days before the intended implementation of the upgrades or changes - except as provided herein. Any substantial upgrades and/or changes resulting solely from a bona fide emergency and force majeure shall be disclosed no later than (sixty) 60 days thereafter and shall be reviewed every two years for adequacy.

v.

Blasting. A geotechnical report shall be submitted with the conditional use permit documentation. This report will help determine if blasting will be necessary to construct the facility. If blasting is deemed to be necessary, the report shall indicate what types of blasting methods will be used. A pre-blast survey shall be performed to indicate all potential impacts within a minimum of 1 mile from the proposed blasting area.

1.

The applicant shall supply to the County Administrator and/or his designee a plan of how the blasting and potential impacts will be properly measured and monitored to ensure no damage is done to off-site or adjacent properties including but not limited to structures, wells, agricultural operations, commercial operations, etc.

2.

As needed, the County may hire a third-party consultant to review, monitor and regulate any planned blasting activities. The applicant shall reimburse the County for all fees associated with the third-party costs.

w.

Groundwater and Waterway Protection Measures. All energy generation facilities shall install a testing well downstream from the proposed facility on project property. The owner of the facility shall conduct a baseline water testing prior to construction and thereafter on an annual basis during the life of the project. The baseline water testing shall be performed in all waterways located on the project property. This testing shall occur on all waterways before such waterway exits the project property boundaries. The facility owner shall submit each report to the County Administrator and/or his designee. If it is determined that from the report that the groundwater has been contaminated the facility owner shall immediately develop and submit a remediation plan. The Board may also after a negative groundwater finding attributable to the Project revoke the Permit and use Decommissioning sureties in place to decommission the facility.

17-7-7. Application Requirements. The following items are required as part of the conditional use permit review process and shall be submitted with the initial application submission. Further documents and updated information will be required with submission of final site plan.

a.

Interconnection and Feasibility Study. The applicant must provide written comments from the relevant electric company regarding the capacity of the transmission lines as part of any use permit application. An applicant can satisfy this requirement by submitting proof of application for interconnection to the electricity system.

b.

Viewshed Analysis. Each Conditional Use Permit application shall provide a viewshed analysis. The analysis shall reflect how much and if the proposed project will be seen from all public roads, parks, facilities, adjacent residential structures as well any structures or historic properties located within one (1) mile radius. The analysis shall at a minimum provide both and East to West and a North to South evaluation and account for four (4) seasons.

c.

Landscaping Plan. The intent of any landscaping plan is to provide buffering, screening of adjacent uses such as residential dwellings, public facilities and or resources, historic properties and resources, and public transportation corridors, etc. The following conditions shall govern the installation of landscaping in accordance with the approved plan:

1.

A Preliminary Landscaping Plan shall be submitted, reviewed and approved .in conjunction with the Conditional Use Permit review and approval.

2.

The preliminary landscape plan shall reflect all existing vegetation and shall include a tree inventory indicating all trees that are to be saved and potentially used for screening, buffering and visual enhancement of the facility.

3.

All landscaping shown on the approved landscaping plan shall be installed and shall be in good condition prior to issuance of a Certificate of Occupancy and/or final inspection and prior to beginning production of electric power.

4.

In the event that the applicant requires a minor deviation from the approved landscaping plan or site plan, such deviation shall be provided on a revised plan sheet for review and approval by the County Administrator and/or his designee.

5.

In areas where there is not at least 100' of a native timber buffer remaining on the project parcel, a minimum of a double row of evergreens shall be planted within any required setback and/or buffer area. All native timber buffers are subject to review and approval by the County Administrator and/or his designee. The use of native timber and natural screening is preferable. Such evergreens shall be planted, at a minimum, on fifteen (15) foot centers, with rows offset. The evergreens installed shall have an anticipated mature height of thirty (30) to forty (40) feet. The composition of this landscape buffer may be a mixture of evergreens and/or deciduous trees as deemed appropriate by the Board of Supervisors through the Permit review process. These evergreens shall be planted during the appropriate time of year, prior to the completion of construction. The composition and layout above is suggested as a typical planting arrangement, however the County reserves the right to modify this depending on the circumstances.

6.

Evergreen plantings shall have a minimum beginning planting height of 6 feet or taller where deemed appropriate by the Board of Supervisors. Any deciduous tree shall have a minimum caliper of two to two and one-half inches measured six inches above final grade at the time of planting.

7.

All landscaping will be reviewed by the County Administrator and/or his designee following installation, at one-year completion, and as necessary after this to ensure the landscaping is being maintained.

8.

A surety agreement for landscape maintenance in a form acceptable to the County Attorney shall be submitted and approved prior to the issuance of any land disturbance permits. The amount of the surety shall be determined by an independent landscape architect selected and compensated by the Applicant but approved by the County Administrator and/or his designee. The amount of the surety shall be equal to a reasonable estimate of the amount needed to establish, and following establishment, to maintain the landscaping required by the approved landscaping plan for five (5) years after initial installation. Once the landscaping has been successfully established, the surety amount may be reduced to that needed for maintenance thereafter. The surety will be fully released only after decommissioning is complete.

9.

The County reserves the right to impose conditions on the site plan approval which specify species of landscaping, for example pollinator species.

10.

The use of herbicides and pesticides shall be limited.

d.

Traffic Impact Analysis and Construction Traffic Management Mitigation Plan. The Applicant shall submit a proposed construction traffic impact analysis and management mitigation plan to the County Administrator and/or his designee for review and approval as part of the Conditional Use Permit review. The construction traffic impact analysis and management mitigation plan shall:

1.

Provide vehicle type and trip estimates, propose steps to manage traffic safely and minimize inconvenience to the travelling public as well as minimize any potential roadway damage.

2.

Provide procedures for communication with area residents about construction and anticipated traffic conditions.

3.

Prohibit any personnel associated with the Facility, while working on the construction of the Facility, from parking their vehicles at locations other than the Facility. Provide onsite parking for all associated construction related activities. Offsite parking and use of shuttles from offsite parking areas may be utilized if approved in advance by the County Administrator and/or his designee.

4.

Provide for truck deliveries to be avoided during the periods that school buses are scheduled to use the roads in the vicinity of the Facility.

5.

Provide an assessment of existing road conditions that will be used during construction. This assessment shall include roadway condition, type of surface, width, any potential sight distance issues with the geometrics of the road. All existing or planned intersections, commercial entrances, median breaks, pavement markings, driveways, or other roadway features potentially affecting traffic flow for all roads proposed to be accessed for the proposed development as well as all intersections and driveways internal to the development shall be considered and either shown or clearly noted on a scaled plan submitted with the traffic impact analysis and mitigation plan.

6.

The assessment shall include core sampling of existing roads to be used for construction purposes to ensure roads can support heavy truck traffic. A technical assessment shall be performed to determine road depths and capacities. The report shall also include specific recommendations for any necessary road improvements to accommodate planned construction traffic.

7.

Identify in the plan specific improvements that need to be made to ensure safe, adequate access to and from the construction site.

8.

Provide a surety in a form acceptable to the County Attorney to the Virginia Department of Transportation and to the County of Culpeper that will provide security for any road damage that is caused by construction traffic for the Facility.

9.

The developer shall be responsible for paying all review fees required by the Virginia Department of Transportation for the review of traffic impact statements. Such fees shall be submitted by check paid directly to the Virginia Department of Transportation.

e.

Natural Resource Inventory. The applicant shall prepare and submit a natural resource inventory as part of the Conditional Use Permit process. The inventory shall meet the following requirements:

1.

The inventory shall be prepared and certified by a professional qualified to perform environmental inventories. Evidence of the professional qualifications of the person preparing the inventory shall be submitted as a part of the inventory.

2.

The inventory shall contain a plan sheet that clearly depicts the extent and location of any sensitive or environmentally significant features and areas. For each feature and area, descriptive information such as: flood plains; tree lines to be impacted (including the limits of clearing and where buffers will be installed); slope percentages (with topography shown at five-foot contour intervals); wetlands classification; groundwater to be impacted (to include ponds, lakes, stream, rivers, etc.); soil type; habitat (including endangered native plant and animal life); etc. shall be provided. The plan sheet shall include a statement that all associated Virginia Department of Environmental Quality permits be obtained.

3.

The inventory shall also contain a narrative element that describes and defines the relative values of the natural resources which are found to be present on the site, including flora and fauna.

f.

Wildlife Access Corridor. The applicant shall submit with the conditional use permit on any project greater than fifty (50) acres a plan indicating how wildlife access corridors will be maintained during construction and completion of the project.

g.

Erosion and Sediment Control Plan. A preliminary phasing plan including a narrative shall be submitted as part of the Conditional Use Permit review in accordance with VESH requirements.

h.

Stormwater Management Plan. A preliminary stormwater management plan and study shall be submitted as part of the Conditional Use Permit review. This plan shall include a geotechnical report or study to indicate soil conditions and indicate planned facilities can be properly installed. The plan should indicate drainage divides with approximate size and volume of stormwater facilities needed.

1.

The preliminary plan shall provide an adequate outfall analysis for all existing structures and culverts.

2.

The plan shall also analyze necessary hydrology.

3.

All stormwater calculations shall ensure that all solar facility infrastructure including panel area, racking systems, pilings, footings, inverters and pads, etc. is considered impervious for stormwater management purposes.

i.

Geotechnical Analysis. A geotechnical analysis shall be submitted at the time of the conditional use permit application. A report shall be submitted that will show results of test borings to be performed by a professional engineer. Enough test borings shall be conducted to fully understand the subject property's soil and/or rock conditions to properly and preliminarily determine where stormwater features may be installed without the requirement of blasting. This report will also indicate how many panel racking systems will be installed and whether by pile driving, drilling, etc. A final geotechnical analysis and report shall be submitted with final site plan approval and include all revisions and updates determined through the conditional use permit process.

j.

Floodplain Analysis. Each Conditional Use Permit shall include a preliminary floodplain analysis that will identify all existing FEMA designated floodplain areas. The analysis shall determine and illustrate that the proposed project will not increase the height of the 100 year or one percent annual chance flood. The analysis shall include and study the impact if any of all existing road crossings, culverts, bridges, etc. that are on or adjacent to the project area. Any subsequent site plan shall fully demonstrate that the 100-year or one percent annual chance flood is not being negatively impacted on the project area or adjacent waterways and properties as well as the onsite or adjacent road network.

k.

Glare Analysis. Culpeper County desires to protect its interests at the Culpeper Regional Airport. Any conditional use permit application for a utility scale solar facility shall include the data necessary to perform an analysis using the Solar Glare Hazardous Analysis Tool (SGHAT) available from the Federal Aviation Administration.

l.

Local Fiscal Impact and Analysis. The applicant shall provide information with the conditional use permit submission that demonstrates the local economic benefits of the project or a cost/benefit analysis and at a minimum the following areas shall be addressed:

1.

The analysis shall provide anticipated direct revenues from real estate and personal property taxes.

2.

The analysis shall share what local resources (fire, rescue, law enforcement, etc.) may be needed to serve the Project and what efforts are being made to mitigate such service demands.

3.

An assessment of the short- and long-term economic impact of the proposed development. If the development is replacing an existing enterprise, including agriculture and forestry, an assessment of the impact the current enterprise has on the local economy and how the local economy will be impacted by the loss of the existing enterprise.

m.

Historic Resource Impact Analysis. In accordance with objectives and goals in the Comprehensive Plan, the purpose of the historic resource impact analysis is to identify, preserve, and protect significant historic resources of Culpeper County. The historic resource impact analysis for a proposed utility scale solar installation should identify historic resources to be impacted including, but not limited to locally identified historic areas, sites and structures, all historic places designated by the state, and all historic places designated by the National Register of Historic Places to be submitted with the conditional use permit. If resources are identified in the impact analysis, the applicant shall prepare a mitigation plan on how these resources will be preserved, protected and/or enhanced. The following requirements shall be followed at a minimum in regard to this analysis:

1.

Archaeological sites.

a.

A Phase I archaeological study, as defined by the Virginia Department of Historic Resources in Guidelines for Archaeological Investigations in Virginia Department of Historic Resources (1996, as amended), shall be undertaken for all developments described above.

b.

If, based on the "Guidelines for Preparing Archaeological Resource Management Reports" of the Virginia Department of Historic Resources, the Phase I study indicates the desirability for additional studies, a Phase II (as defined by the Virginia Department of Historic Resources, above) and, if warranted, a Phase Ill (as defined by the Virginia Department of Historic Resources, above) study of the site shall also be completed. The recommendations of such studies shall be incorporated into the plan of development and any clearing, grading, or construction activities and to be submitted with final site plan.

c.

Alternatively, instead of performing additional studies, the archaeological resource may be preserved in place provided, wherever that the county shall require that sufficient study analyses are performed which shall determine the location al extent of the resource so as to ensure its future accessibility.

2.

Architectural structures.

a.

The Secretary of the Interior's Standards for the Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be used in performing appropriate architectural studies or analyses of standing structures.

b.

In the case of demolition of historic standing structures, the county may require that a set of measured drawings be prepared by a licensed architect and filed with the county and the state historic preservation office prior to demolition occurring.

3.

All archaeological and architectural studies shall be submitted to the county for review and approval and shall be made a part of any development plan approval.

(Ord. of 2-7-2023)