(A)

The purpose of this article is to establish general guidelines for the siting of utility scale solar generation facilities (USSGF).

(B)

The purpose and intent of this article is to promote the health, safety, and general welfare of the public, including, but not limited to, such instances as:

(1)

Potential injury to people around USSGFs;

(2)

Potential damage to property;

(3)

Potential negative economic impacts on the heritage and scenic tourist industry.

(C)

The goals of this article are to:

(1)

Minimize the impacts of USSGFs on surrounding land uses by establishing standards for location, structural integrity, and compatibility;

(2)

Avoid potential injury to persons and properties from USSGF failure through structural standards and setback requirements;

(3)

Preserve the scenic and visual character of the geographic area by encouraging the location, design and architectural treatment of USSGFs to avoid the disruption of the natural and built environment, and to ensure harmony and compatibility with surrounding land use patterns;

(4)

Provide a uniform and comprehensive framework for evaluating proposals for USSGFs;

(5)

Encourage developers of USSGFs to locate USSGFs, to the extent possible, in areas where the visual impact on the community is minimal;

(6)

Encourage the location of new USSGFs near existing USSGFs thereby minimizing new visual, aesthetic, public safety impacts, and effects upon the natural environment and wildlife;

(7)

Avoid the location of battery energy storage systems in the County;

(8)

Establish predictable and balanced codes governing the construction and location of USSGFs, within the confines of permissible local regulations;

(9)

Establish review procedures to ensure that applications for USSGFs are reviewed and acted upon within a reasonable period of time;

(10)

Consideration of and compatibility with the goals and objectives of the County's Comprehensive Plan.

(Ord. of 10-16-2024(2), § 1)

Utility scale solar generation facilities existing or permitted prior to the adoption of this article shall be subject to the provisions of Article 16, Nonconforming Uses of this chapter.

(Ord. of 10-16-2024(2), § 1)

The maximum project area for any utility scale solar generation facility shall be no more than 500 acres.

(Ord. of 10-16-2024(2), § 1)

The utility scale solar generation facility operational area which includes any buildings, structures, equipment, parking, and disturbed areas shall have the following minimum setbacks:

(A)

500 feet from dwellings on adjacent parcels.

(B)

375 feet from the adjacent property lines.

(C)

300 feet from all public rights-of-way.

(D)

500 feet from all entrance corridors which include Route 6, US 15, Route 53, and US 250.

(E)

1000-foot setback from the James River, Rivanna River, Hardware River and all lakes.

(F)

500-foot setback from ponds and perennial streams.

(Ord. of 10-16-2024(2), § 1)

(A)

Utility scale solar generation facilities (USSGF) must be screened from the ground-level view from adjacent properties and public roads by a vegetative buffer of at least 175 feet. The vegetative buffer must be located within the setbacks required under Section 22-28-5 and must be located around the entire perimeter of the property. Screening methods can include:

(1)

Existing screening: The USSGF may use existing forested buffer to satisfy the screening requirement. The existing forested buffer must be undisturbed and permanently protected as the designated buffer. If existing trees and vegetation are removed when dead or diseased, the vegetative buffer must be replaced in accordance with Section 22-28-6.

(2)

Vegetative screening: In the event existing screening is inadequate, screening must be provided which consists of a combination of evergreen and deciduous trees that are eight feet in height at time of planting. A triple staggered row of trees must be placed ten feet apart and on average at 15 feet on center. For the remainder of the vegetative screening, a combination of non-invasive species, pollinator species, and native plants, shrubs, trees, grasses, forbs and wildflowers shall be utilized.

(3)

Berms: Berms must be constructed with a 3:1 side slope to rise ratio, four to six feet above the adjacent grade, with a three-foot-wide top with pollinator friendly native shrubs, trees, forbs and wildflowers. The outside edges of the berm should be sculpted with vertical and horizontal variations so there is not a uniform appearance.

(B)

A performance bond reflecting the estimated costs of anticipated landscaping maintenance shall be posted prior to construction to ensure the vegetative buffer is adequately maintained for the life of the project. Once the landscaping has been successfully established, the surety amount may be reduced to the amount needed for maintenance. The surety will be fully released only after decommissioning is complete.

(Ord. of 10-16-2024(2), § 1)

The maximum height for structures associated with the utility scale solar generation facility (USSGF) is 20 feet above the finished ground elevation. Ground mounted systems shall not exceed 20 feet in height when oriented at maximum vertical tilt. The height limit does not apply to associated aerial electric lines, utility poles and/or substation equipment that may be constructed in association with the USSGF.

(Ord. of 10-16-2024(2), § 1)

The utility scale solar generation facility project area must be enclosed by security fencing on the interior of the buffer area at a height of at least six feet. Fencing must be placed around sections of the project area to provide access corridors for wildlife. All fencing must be constructed to allow for the movement of small wildlife species. All fencing shall include opaque screening.

(Ord. of 10-16-2024(2), § 1)

Outdoor lighting for the facility shall only be permitted for security and on-site maintenance. All outdoor lighting shall be fully shielded provided that these restrictions shall not apply to any outdoor lightning required by federal law. Lighting shall be dark sky compliant. The full site plan shall include a photometric plan that depicts the location, type, power and lightning levels of each permanent and semi-permanent fixture.

(Ord. of 10-16-2024(2), § 1)

No signage shall be allowed on the fencing, structures or buildings in the project area for the utility scale solar generation facility (USSGF). One sign shall be allowed at each of the emergency access points which shall list the required warnings, the name of the USSGF, address, and relevant emergency contact information. Any signage required by state or federal law or regulation shall be exempt from this section.

(Ord. of 10-16-2024(2), § 1)

The applicant shall provide emergency access in at least two separate access points. Such access points shall include unobstructed access utilizing fire lane signage. The access points shall also be designed with a 20 feet wide looping system inside of the security fence but outside of the panel area in order for emergency apparatus to proceed without the need to back up the emergency apparatus.

(Ord. of 10-16-2024(2), § 1)

All construction activities may only occur between the hours of 7:00 a.m. and 6:00 p.m., Monday-Saturday and will be prohibited on Sundays. This restriction shall apply during construction of the facility, ongoing maintenance, replacement of equipment and decommissioning. This restriction shall not apply to emergency repairs.

(Ord. of 10-16-2024(2), § 1)

(A)

Wiring shall be located underground except for wiring on a solar array or where necessary to directly connect to the public service corporation.

(B)

All new distribution and transmission lines shall be located below ground except for lines solely subject to the State Corporation Commission jurisdiction or where necessary to connect to existing utility lines. New transmission lines are subject to plan of development review.

(C)

Wires located on the poles of solar panels shall be placed in conduit.

(Ord. of 10-16-2024(2), § 1)

An application for a utility scale solar generation facility (USSGF) with a project area of greater than 50 acres must identify access corridors for wildlife to navigate through and across the USSGF. The wildlife corridor must be shown on the site plan submitted to the County. Areas between fencing shall be kept open to allow for movement of migratory animals and other wildlife.

(Ord. of 10-16-2024(2), § 1)

Solar panels shall be placed so as to prevent concentrated solar radiation, heat or glare being directed onto other properties or roads.

(Ord. of 10-16-2024(2), § 1)

A preliminary landscaping plan shall be developed by a certified arborist or landscape architect, submitted with the application for the special use permit, and shall meet the following requirements:

(A)

Utilizing existing forested buffer.

(1)

Preservation of existing trees and shrubs within require buffers shall be maximized.

(2)

The plan shall include a tree inventory indicating all trees that will be saved and that will be used for buffering.

(3)

The existing forested buffer may be used if it is covered with at least 75 percent of naturally established vegetation.

(4)

The existing plant material must be mature and in healthy condition.

(5)

The existing plant material must consist of a mix of evergreen and deciduous trees which meet the following criteria:

(a)

Existing deciduous trees have a minimum four-inch caliper measured two feet above the ground.

(b)

Evergreen trees must be a minimum of ten feet in height.

(c)

Hardy shrubs must be a minimum of two feet in height.

(d)

There is an established understory of small trees and shrubs to provide significant buffering at the lower forested area.

(B)

Improvements within buffer.

(1)

Improvements within the vegetative buffer shall be limited to those required to provide access, utilities and drainage and shall be installed perpendicular to the buffer to reduce impacts to the buffer.

(C)

Proposed vegetative buffer.

(1)

The preliminary landscaping plan shall show all proposed plant species to be used for ground cover, screening and buffering.

(2)

There is a preference for native and pollinator-friendly plant species.

(3)

The evergreens shown on the plan must have a mature height of at least 30 feet.

(4)

The evergreens must have a minimum planting height of eight feet.

(5)

Deciduous trees must have a minimum caliper of two inches measured six inches above final grade.

(D)

Installation of landscaping.

(1)

All landscaping shown on the approved plan shall be installed and in good condition prior to beginning production of power.

(2)

All landscaping shall be planted between September 15 and June 30.

(Ord. of 10-16-2024(2), § 1)

(A)

The applicant for a utility scale solar generation facility (USSGF) shall submit a preliminary proposed vegetation management plan at time of submittal of the application. The applicant for a USSGF shall submit a final proposed plan for ground cover within the fence lines of the project area for review and approval as part of the full site plan. The site plan shall include the following information:

(1)

Describe the design and type of ground cover which will consist of native grasses and low growing species.

(2)

The plan should include a description of how existing tree and vegetation cover will be removed or reused.

(3)

Include a plan and schedule for managing the growth of the vegetation cover over the life of the facility.

(4)

Provide a plan to prevent and control noxious weeds and invasive species.

(5)

Identify the type and quantity of herbicides that will be used.

(6)

Provide that only biodegradable soap and water can be used to clean the surface of the solar panels.

(Ord. of 10-16-2024(2), § 1)

(A)

An erosion and sediment control plan must be submitted to the County and approved by the Soil and Water Conservation District and the Virginia Department of Environmental Quality prior to any land disturbance.

(B)

The erosion and sediment control plan shall be prepared in accordance with Chapter 6 of the County Code and the Virginia Erosion and Sediment Control Handbook.

(C)

Permit holders shall provide evidence of any and all required state and/or federal permits prior to the issuance of a land disturbance permit.

(D)

Prior to applicant's submission of the Erosion and Sediment Control Plan, the applicant will contact the County's erosion and sediment control reviewer to arrange a meeting on the Property with the applicant's engineer.

(E)

The County may obtain an independent third-party review of the Erosion and Sediment Control Plan at the expense of the applicant.

(F)

The erosion and sediment control plan shall provide that no topsoil will be removed from the facility/site but instead will be used onsite to establish ground cover.

(G)

The applicant shall include sufficient surety to guarantee that funding is available to implement and maintain all required erosion and sediment control measures.

(H)

The County may require the applicant to provide for the funding of 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, permit holders and/or any successor-in-interest, shall be selected and managed by the Planning Director, or his designee.

(I)

In projects involving more than 100 acres of land disturbance, the following requirements will apply:

(1)

Incorporate a protocol developed in coordination with the Planning Director, or his designee, the Soil and Water Conservation District, and the Virginia Department of Environmental Quality 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.

(2)

The protocol will be designed to ensure that ground cover is expeditiously established, and appropriate site stabilization is achieved throughout construction.

(Ord. of 10-16-2024(2), § 1)

(A)

Solar panels shall not be installed on steep slopes of 20 percent or greater.

(B)

Steep slopes of 20 percent or greater shall remain in their natural, undisturbed state to the maximum extent practicable, unless otherwise approved by the Planning Director.

(Ord. of 10-16-2024(2), § 1)

In accordance with the County's goals, an impact analysis for historic and cultural resources, including grave sites, shall be conducted and provided by the applicant to identify, preserve, and protect significant historic resources and to ensure respectful treatment of graves in accordance with applicable laws of the Commonwealth. The impact analysis shall identify graves and significant historic or cultural resources to be impacted, including, but not limited to, areas, districts, sites, structures and objects, locally designated as historic or culturally significant, or listed or determined eligible by the Department of Historic Resources' evaluation team for listing on the state and federal historic registers. If such resources are identified, the analysis shall include a proposed treatment plan to preserve, protect, and/or enhance these resources through avoidance, minimization or mitigation.

(Ord. of 10-16-2024(2), § 1)

Groundwater monitoring must take place prior to the start of construction and upon completion of construction throughout the project area. After the utility scale solar generation facility begins operations, groundwater monitoring shall take place every five years and upon completion of decommissioning. Results from all groundwater monitoring shall be provided to the Planning Director.

(Ord. of 10-16-2024(2), § 1)

(A)

Prior to completion of construction, the owner or operator of the facility shall provide the Planning Director with an emergency management plan for the facility.

(B)

The goal of this emergency response plan is to provide safety guidelines and procedures for potential emergency-related incidents during all phases of the life of the facility (construction, operation, and decommissioning).

(C)

The owner or operator of a facility must coordinate with the Fluvanna County Coordinated Fire and Rescue System to provide materials, education, and/or training on how to safely respond to on-site emergencies, and to develop, implement, periodically update, and perform exercises on an emergency response plan.

(D)

Emergency personnel must be provided a knox box or code to access the property in case of an on-site emergency.

(E)

Training shall be provided and updated (i) whenever significant modifications and/or repairs are made to the facility and (ii) at the request of the County Fire Chief.

(Ord. of 10-16-2024(2), § 1)

(A)

All special use permit applications for utility scale solar generation facilities must contain the following information:

(1)

Project narrative. A detailed narrative shall identify the following:

a.

The applicant, facility owner, site owner and operator;

b.

The description of the facility;

c.

Overview of the project and its location;

d.

Size of the site and project area;

e.

Current use and previous uses (ten years preceding application) of the site;

f.

Estimated time for construction, any phasing schedule, and proposed date for commencement of operations;

g.

Location of staging area;

h.

Planned maximum rated capacity of the facility;

i.

The approximate number, type, and footprint of solar equipment;

j.

Specifications for proposed equipment including materials, color, finish, country of origin and racking type;

k.

Information on ancillary facilities;

l.

How and where the electricity at the facility will be transmitted;

m.

General location of the proposed electrical grid interconnection; and

n.

All adverse partition sales shall be disclosed.

2)

Concept plan. The concept plan must be prepared by a professional Virginia licensed engineer and shall identify the following:

a.

Identification of subject parcels and property lines;

b.

Identification of required setbacks;

c.

Existing and proposed buildings and structures;

d.

Preliminary locations and heights of solar panels, ground equipment, ancillary equipment and other proposed structures;

e.

Location of proposed fencing, driveways, internal roads, parking and locations of points of ingress/egress;

f.

Location of proposed buffers and screening elements;

g.

Location of substations and electrical cabling from facility to substation;

h.

Location of fencing or other methods of ensuring public safety;

i.

Proposed lighting for the facility;

j.

Aerial imagery showing the proposed location and boundaries of the facility, fenced areas, ingress/egress and the closest distance to all adjacent property lines and buildings; and

k.

Additional information required by the Planning Director such as a scaled elevation view, photographs of the site, modeling of the project from sensitive locations, and additional information for a technical review of the facility.

(Ord. of 10-16-2024(2), § 1)

(A)

The County may engage independent third-party consultants to review special use permit applications and associated documents for completeness and compliance with applicable County, state and federal laws. Any costs associated with the review shall be paid by the applicant.

(B)

Applications for special use permits for utility scale solar generation facilities (USSGFs) are subject to comprehensive plan review under Virginia Code Section 15.2-2232.

(C)

For all USSGFs, the applicant must enter into a siting agreement with the County pursuant to Virginia Code Title 15.2, Article 7.3.

(D)

In issuing any special use permit for a USSGF, the Board of Supervisors may waive or modify any of the requirements of this article.

(E)

The property will be subject to inspection by County officers and employees upon reasonable notice to the owner/operator of the USSGF.

(Ord. of 10-16-2024(2), § 1)

(A)

Decommissioning plan. A draft decommissioning and reclamation plan shall be submitted and approved before issuance of the zoning permit, and the plan must be certified by an independent engineer with a Virginia professional engineering license selected by the County but paid for by the applicant, and such plan shall contain the following information:

(1)

Contact information for the party identified as primarily responsible for decommissioning;

a.

Anticipated life of project;

b.

Estimated decommissioning cost in current dollars;

c.

How the cost is determined;

d.

Method of ensuring funds will be available for decommissioning and restoration;

e.

Estimation method to keep decommissioning cost current;

f.

Manner in which facility will be decommissioned and the site restored; and

g.

Plan should include statement of disposal or recycling destination for solar panels.

(2)

Decommissioning plans shall be updated every five years.

(B)

Decommissioning and reclamation.

(1)

Solar facilities that have reached the end of their useful life or have not been in active and continuous service for a period of six months must be removed at the owner's or operator's expense in accordance with this section and all other applicable local, state and federal laws and regulations. However, the County may extend this period upon a showing that a longer repair period is needed or where evidence is provided that the failure to utilize the facility is beyond the reasonable control of the owner or operator.

(2)

The owner or operator must notify the Planning Director by certified mail of the proposed date of discontinued operations and plans for removal.

(3)

The decommissioning must be performed in compliance with the approved decommissioning plan. The Planning Director must approve any amendments to the decommissioning plan.

(4)

The decommissioning shall be completed within 12 months of the date the owner or operator sends notice to the Planning Director.

(5)

Decommissioning must include removal of all electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any associated facilities.

(6)

Components of the facility removed from the site shall be handled and disposed of in compliance with applicable local, state, and federal law and regulations.

(7)

In no event shall any hardware, parts, structures, components or other portions of the facility be disposed of in a convenience center or transfer station in the County.

(8)

All solar panels shall be disposed of in a certified recycling center for solar panels.

(9)

After removal of all facilities, the ground upon which the facilities were located must be tillable and suitable for agricultural uses. Trenches, boring and excavations shall be filled and compacted. The soil shall be stabilized to a depth of three feet, and the site must be graded and reseeded.

(10)

Any exception to site restoration must be approved by the Planning Director.

(11)

Hazardous material must be disposed of in accordance with federal and state law.

(C)

Decommissioning surety.

(1)

A surety agreement and attendant financial or bond instrument and guarantee for decommissioning, in a form acceptable to the County Attorney, and in amount as determined sufficient by the Board of Supervisors shall be submitted before a building permit or land disturbing permit is issued for the utility scale solar generation facility. Any such surety shall include an automatic adjustment for inflation or as necessary based upon a decommissioning plan update.

(2)

Options for surety include cash escrow, performance surety bond, certified check, irrevocable letter of credit or other security acceptable to the County.

(3)

The surety agreement must prohibit the release of the surety without the written consent of the County. The County will consent to the release of the surety upon the owner's or operator's compliance with the approved decommission plan.

(4)

The amount of funds required to be guaranteed by the surety must be the full amount of the estimated decommissioning costs without regard to possible salvage value.

(5)

An independent professional engineer, selected by the County and paid for by the permit holder, must recalculate the estimated cost of decommissioning every three years, and the amount of the surety shall be updated accordingly.

(6)

If the owner or operator fails to remove the installation in accordance with the requirements or within the permitted time, the County may collect the surety and the County or its agent may enter the property to perform any work necessary to complete the decommissioning.

(7)

If the decommissioning surety and salvage recompense is insufficient, the County shall have the right to recover such costs from the owner or operator to include legal fees and expenses.

(D)

Damaged or unusable panels.

(1)

Damaged or unusable panels or arrays shall be removed from the site within 60 days of removal from service.

(2)

In no event shall any damaged or unusable panels or arrays be disposed of in a convenience center or transfer station in the County.

(3)

All damaged or unusable solar panels shall be disposed of in a certified recycling center for solar panels.

(Ord. of 10-16-2024(2), § 1)