The purpose of this article is to provide for and regulate the siting, development, construction, installation, operation, and decommissioning of solar energy facilities in the county in a manner that promotes economic development and the safe, effective, and efficient use of such facilities while protecting the health, safety, and welfare of the community and avoiding adverse impacts on county resources. The intent of this article is to encourage solar energy facilities in a manner that promotes the development of renewable energy sources while limiting impacts on natural resources, including pollinator and wildlife habitats, and existing agricultural, forestal, residential, commercial, industrial, historical, cultural, and recreational uses of property or the future development of such uses of property in the county. This article is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This article does not supersede or nullify any provision of local, state, or federal law that applies to solar energy facilities.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2024-33, § 1, 12-17-2024)

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

Applicant. The person or entity who submits an application to the county for a zoning permit or conditional use permit, as the case may be, to site, develop, construct, install, and operate a solar energy facility under this article.

Community/shared solar energy facility. A renewable energy project that either: (1) generates electricity from sunlight, consisting of one or more PV systems and other appurtenant structures and facilities within the boundaries of the site, or (2) utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy. The term applies to, but is not limited to, solar photovoltaic systems, solar thermal systems, and solar hot water systems. Community/shared solar energy facilities shall have a rated capacity greater than 200 kilowatts (kw) and less than, or equal to, five megawatts (mw).

Facility owner or owner. The person or entity that owns all or a portion of the solar energy facility, whether or not it owns the site on which the facility is located.

Integrated PV. Photovoltaics incorporated into building materials, such as shingles.

Large scale solar energy facility. A renewable energy project that either: (1) generates electricity from sunlight, consisting of one or more PV systems and other appurtenant structures and facilities within the boundaries of the site, or (2) utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy. The term applies to, but is not limited to, solar photovoltaic systems, solar thermal systems, and solar hot water systems. The term excludes community/shared solar energy facilities and small scale solar energy facilities. Large scale solar energy facilities shall have a rated capacity greater than five megawatts (mw).

Operator. The person or entity responsible for the overall operation and management of the solar energy facility, if different than the facility owner.

Photovoltaic or PV. Materials and devices that absorb sunlight and convert it directly into electricity.

Previously disturbed. Any area of a site that has undergone mechanical land-forming, construction, or demolition activities within the past 50 years.

Project area. The area within the security fencing of a solar energy facility.

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

Site. The property containing a solar energy facility.

Site owner. The person or entity that owns all or a portion of the site, if different than the facility owner.

Small scale solar energy facility. A solar energy facility that: (1) has a project area of one acre or less; (2) has a rated capacity of 200 kw or less; (3) is mounted on or over a building, parking lot; or other previously disturbed area; or (4) utilizes integrated PV only.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2024-33, § 1, 12-17-2024)

The requirements set forth in this article shall govern the siting, development, construction, installation, operation, and decommissioning of solar energy facilities in the county. A conditional use permit is required for each large scale and community/shared solar energy facility proposed to be constructed, installed, or operated in the county. A zoning permit is required for each small scale solar energy facility proposed to be constructed, installed, or operated in the county. Use regulations for specific zoning classifications will state if small scale solar energy facilities are permitted in a particular zoning district as a matter of right and if large scale and community/shared solar energy facilities are permitted in a particular zoning district subject to the issuance of a conditional use permit. For large scale and community/shared solar energy facilities, the general procedures for applying for a conditional use permit shall apply in addition to the requirements of this article.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2024-33, § 1, 12-17-2024)

For proposed small scale solar energy facilities, the applicant shall submit a project narrative and site plan that comply with subsections (a) and (b) in section 53-157. The signage, noise, and lighting requirements in section 53-158 shall apply to all small scale solar energy facilities. The fencing requirement and the height restriction in section 53-158 shall apply to all ground-mounted small scale solar energy facilities. The setback, vegetative buffering, and pollinator habitats requirements in section 53-158 shall apply to all small scale solar energy facilities in the A-1 district. Small scale solar energy facilities are required to have a decommissioning plan and security that comply with subsection (d) of section 53-157. The zoning administrator may require additional information from the applicant to determine whether the facility meets these requirements and qualifies as a matter of right as a small scale solar energy facility.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2024-33, § 1, 12-17-2024)

In addition to materials required for a conditional use permit application under sections 53-11 and 53-155, applications for large scale and community/shared solar energy facilities shall, unless otherwise provided herein, include the following information:

(a)

Project narrative. A narrative identifying the applicant, facility owner, site owner, and operator, if known at the time of the application, and describing the proposed large scale or community/shared solar energy facility, including an overview of the project and its location; the size of the site and the project area; the current use of the site; the estimated time for construction and proposed date for commencement of operations; the planned maximum rated capacity of the facility; the approximate number, representative types and expected footprint of solar equipment to be constructed, including without limitation photovoltaic panels; ancillary facilities, if applicable; and how and where the electricity generated at the facility will be transmitted, including the location of the proposed electrical grid interconnection.

(b)

Site plan. The site plan shall include the following information:

(1)

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

(2)

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

(3)

Existing and proposed access roads, permanent entrances, temporary construction entrances, drives, turnout locations, and parking, including written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements; provided, however, these requirements shall not exceed VDOT requirements for other types of projects in the underlying zoning district.

(4)

Proposed locations and maximum heights of substations, electrical cabling from the solar systems to the substations, panels, ancillary equipment and facilities, buildings, and structures (including those within any applicable setbacks).

(5)

Fencing as required under this article and other methods of ensuring public safety.

(6)

Areas where the vegetative buffering required in this article will be installed and maintained and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers required in this article will be installed and maintained.

(7)

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

(8)

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

(9)

Additional information may be required, as determined by the zoning administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the project, aerial image or map of the site, and additional information that may be necessary for a technical review of the proposal. The planning commission or board of supervisors may require other relevant information deemed to be necessary to evaluate the application.

(c)

Documentation of right to use property for the proposed facility. Documentation shall include proof of control over the proposed site or possession of the right to use the proposed site in the manner requested. The applicant may redact sensitive financial or confidential information.

(d)

Decommissioning plan; security.

(1)

The applicant shall provide a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if it is deemed abandoned pursuant to section 53-160. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator, provided the update shall be no more frequently than once every five years and no less frequently than once every ten years. The estimated decommissioning cost shall not include any credit for the salvage value of materials.

(2)

Prior to operation, the applicant must provide security in the amount of the estimated cost of the decommissioning. The security shall be in the form of a performance surety bond in an amount equal to the estimated decommissioning cost developed and updated in accordance with the decommissioning plan acceptable to the county. The security must remain valid until the decommissioning obligations have been met. The security may be adjusted up or down by the county if the estimated cost of decommissioning the facility changes. The security must be renewed or replaced if necessary to account for any changes in the total estimated overall decommissioning cost in accordance with the periodic updated estimates required by the decommissioning plan. Obtaining and maintaining the requisite security will be a mandatory condition of the conditional use permit. The security shall be in favor of the county and shall be obtained and delivered to the county before any construction commences.

(3)

The decommissioning plan, cost estimates, and all updates of those plans and estimates shall be sealed by a professional engineer.

(e)

Site plan performance bond. In order to ensure the solar facility is sited, developed, constructed, and installed in compliance with this article, the conditions of the conditional use permit, and the approved site plan, the owner or applicant must, prior to the beginning any land disturbance activities at the site, provide the county with a site plan performance bond. The amount of the site plan performance bond shall be $100,000.00 per megawatt. This security shall be released once the project has been developed in substantial conformity with the site plan, this article, and the screening related conditions contained in the conditional use permit, all as determined in writing by the zoning administrator. The owner or applicant may appeal an adverse decision of the zoning administrator to the board of supervisors, request that the board of supervisors determine that the facility has developed the facility in substantial conformity with the site plan, this article, and the screening related conditions contained in the conditional use permit, and request the board of supervisors to direct the zoning administrator to release the site plan performance bond. The owner or applicant must file the appeal within 30 days of the zoning administrator's written decision. The board of supervisors will hold a hearing on the appeal within 30 days of the appeal.

(f)

Liability insurance. The applicant shall propose a reasonable amount of liability insurance that the applicant deems adequate to cover operations at the large scale or community/shared solar energy facility. The applicant shall provide proof of such reasonable and adequate liability insurance for the solar energy facility prior to the issuance of a building permit. Obtaining and maintaining the requisite liability insurance will be a mandatory condition of the conditional use permit.

(g)

Landscaping and screening plan. The applicant must submit a landscaping and screening plan that addresses the vegetative buffering required in this article, including the use of existing and newly installed vegetation to screen the facility. The plan also must address the use of pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers in the project area and in the setbacks as required by the zoning administrator under this article.

(h)

Erosion and sediment control plan. An erosion and sediment control plan must be approved by either the soil and water conservation district or county staff prior to any land disturbing activity. At the discretion of the county, a third-party plan reviewer and/or compliance inspection services may be contracted. Any out-of-pocket costs incurred by the county for such review or inspection services by qualified third-parties shall be paid by applicant.

(i)

Stormwater management plan. A stormwater management plan must be approved by the department of environmental quality prior to any land disturbing activity.

(j)

Virginia Cultural Resource Information System report. A report by the Virginia Department of Historic Resources Virginia Cultural Resource Information System must be submitted to identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

(k)

Additional information. If deemed relevant to the consideration of a conditional use permit application or the conditions to be included in any conditional use permit, the zoning administrator, planning commission or board of supervisors may require the applicant to submit any of the following information, either as part of the conditional use permit application or as a condition of any conditional use permit:

(1)

As a condition of the conditional use permit, the applicant will be required to submit a construction plan, including a proposed construction schedule and hours of operation, before obtaining a building permit. There shall be no construction operations on Sunday, except in the case of an emergency.

(2)

The identification and location of any existing solar energy facilities and any known proposed solar energy facilities within a five-mile radius of the proposed site.

(3)

A report of impact on adjacent property values prepared by a qualified third-party, such as a licensed real estate appraiser.

(4)

An economic impact analysis prepared by a qualified third-party that reports any expected change in the value of the subject property, expected employment during the construction of the facility, any expected impact on the county's tax revenues, the estimated costs to the county associated with the facility in the form of additional services, and information on any other economic benefits or burdens from the facility that may be requested by the zoning administrator.

(5)

A copy of the cultural resources review conducted in conjunction with the state department of historic resources for the permit by rule process shall be submitted by the applicant prior to the issuance of a building permit. This report shall be in addition to the report required in subsection (j)(1) and shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

(6)

A report on the potential impacts on wildlife and wildlife habitats at the site and within a two-mile radius of the proposed facility using information provided by the state department of game and inland fisheries or a report prepared by a qualified third-party.

(7)

A glint and glare study that demonstrates either that the panels will be sited, designed, and installed to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, and other sensitive viewing locations, or that the applicant will use all reasonably available mitigation techniques to reduce glint and glare to the lowest achievable levels. The study will assess and quantify potential glint and glare effects and address the potential health, safety, and visual impacts associated with glint and glare. Any such assessment must be conducted by qualified individuals using appropriate and commonly accepted software and procedures.

(8)

Information and data sheets of solar voltaic panels proposed for use at the facility.

(l)

Review fees. The county may retain qualified third-parties to review portions of a permit application that are outside the county's areas of expertise and do not have adequate state and federal review. Any out-of-pocket costs incurred by the county for such review by qualified third-parties shall be paid by applicant.

(m)

Community meeting. A public meeting shall be held prior to the public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The meeting shall adhere to the following:

(1)

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date;

(2)

The date, time and location of the meeting shall be advertised in a newspaper of record in the county by the applicant, at least seven but no more than 14 days, in advance of the meeting date;

(3)

The meeting shall be held within a reasonably close proximity to the proposed facility, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities;

(4)

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback; and

(5)

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

(n)

Post-application documentation and approvals. All documentation required to be submitted to and approvals required from the county after the issuance of the permit shall, unless otherwise stated in the conditions attached to the conditional use permit, be submitted or obtained no later than the date of any application for a building permit for the facility. The failure or refusal to submit required documentation or obtain required approvals following the issuance of a conditional use permit shall result in the suspension of the conditional use permit and the denial of the building permit.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2021-9, § 1, 4-5-2021; Ord. No. 2024-33, § 1, 12-17-2024)

The following requirements apply to large scale and community/shared solar energy facilities:

(a)

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on viewsheds, including from residential areas and areas of scenic, historical, cultural, archaeological, and recreational significance. The facility shall utilize only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings and reduce glint and glare to levels that meet or exceed industry standards.

(b)

Signage. All signage on the site shall comply with the county sign ordinance, as adopted and from time to time amended.

(c)

Noise. Noise levels from the facility shall comply at all times with the county noise ordinance, as adopted and from time to time amended.

(d)

Setbacks. The project area shall be set back a distance of at least 150 feet from all public rights-of-way and main buildings on adjoining parcels, and a distance of at least 150 feet from adjacent property lines. Exceptions may be made for adjoining parcels that are owned by the applicant, and all interior lot lines within the project area. Increased setbacks up to 800 feet and additional buffering may be included in the conditions for a particular permit on a case by case basis. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas provided that such are generally perpendicular to the property line.

(e)

Fencing. The project area shall be enclosed by chain link security fencing not less than six feet in height and equipped with an appropriate anticlimbing device such as strands of barbed wire on top of the fence. The height and/or location of the fence may be altered in the conditions for a particular permit. Fencing must be installed on the interior of the vegetative buffer required in this section so that it is screened from the ground level view of adjacent property owners. The fencing shall be maintained at all times while the facility is in operation.

(f)

Vegetative buffer. A vegetated buffer sufficient to mitigate the visual impact of the facility is required. The buffer shall consist of a landscaped strip at least 75 feet wide, shall be located within the setbacks required under subsection (d), and shall run around the entire perimeter of the property. The buffer shall consist of existing vegetation and, if deemed necessary for the issuance of a conditional use permit, an installed landscaped strip consisting of a minimum of four rows of staggered trees and other vegetation. The rows shall be no more than 15 feet apart. A detailed, scaled drawing of the landscaped strip must be submitted with the application and must include tree species and growth expectations. This buffer must be made up of plant materials at least six and one-half feet tall at the time of planting and that are reasonably expected to grow to a minimum height of ten feet within three years. New plantings must be installed prior to any land disturbance activities and shall be verified during the permitting process.

The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or the topography affects the visual impact of the facility. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers must be used in the vegetative buffer. Fencing must be installed on the interior of the buffer. Until such time as the vegetative buffer completely screens the solar energy facility from the view of adjacent property owners, the owner and/or operator shall use green privacy slats in the required fencing. A recommendation that the screening and/or buffer creation requirements be waived or altered may be made by the planning commission when the applicant proposes to use existing wetlands or woodlands, as long as the wetlands or woodlands are permanently protected for use as a buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation designated for the vegetative buffer are disturbed or removed, this action shall constitute a violation of the conditional use permit, and a new vegetative buffer plan will have to be submitted to the zoning administrator and approved by the board of supervisors before the owner or applicant may resume development of the site. The buffer shall be maintained for the life of the facility.

(g)

Pollinator habitats. The project area will be seeded with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs and wildflowers as required by the zoning administrator. The project area will be seeded promptly following completion of construction in such a manner as to reduce invasive weed growth and sediment in the project area. The owners and operator also are required to install pollinator-friendly native plants, shrubs, trees, grasses, forbs and wildflowers in the setbacks and vegetative buffering.

(h)

Height. Ground-mounted solar energy generation facilities shall not exceed a height of 20 feet, which shall be measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid.

(i)

Lighting. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall be designed to minimize off-site effects. Lighting on the site shall comply with any dark skies ordinance the board of supervisors may adopt or, from time to time, amend.

(j)

Density; location. Large scale solar energy facilities shall not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard for, and will not interfere with, airport operations. In addition, no more than three percent of the land in a five-mile radius of the center of any proposed new large scale solar energy facility may be approved for use as a large scale solar energy facility, except as provided herein. Notwithstanding the foregoing maximum density, the board may, in compelling circumstances deemed appropriate by the board, approve a conditional use permit for large scale solar energy facilities that exceed the maximum density set forth in the preceding sentence.

Community/shared solar energy facilities shall not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard for, and will not interfere with, airport operations. In addition, no more than one-half percent of the land in a five-mile radius of the center of any proposed new community/shared solar energy facility may be approved for use as a community/shared solar energy facility, except as provided herein. Notwithstanding the foregoing maximum density, the board may, in compelling circumstances deemed appropriate by the board, approve a conditional use permit for community/shared solar energy facilities that exceed the maximum density set forth in the preceding sentence.

(k)

Entry and inspection. The owners and/or operator will allow designated county officials access to the facility for inspection purposes, provided such inspectors will be subject to the owners' and/or operator's safety requirements and protocols while within the facility.

(l)

Water testing. The owner or operator shall drill test wells at locations agreed to on the final site plan to monitor the water quality within the project for contaminants listed in the primary drinking water regulations ("contaminants") as compiled by the U.S. Environmental Protection Agency. There shall be one well for each 100 acres of project area.

(1)

Monitoring wells shall be installed to the first encountered groundwater beneath the solar facility in accordance with applicable Virginia DEQ guidance and regulations. Monitoring wells shall be installed prior to the delivery of solar panels to the project site for storage or installation. The owner or operator will inform the zoning administrator of the installation of the monitoring wells and provide the zoning administrator with an opportunity to inspect the well prior to the delivery of solar panels to the project site for storage or installation. Monitoring wells shall be tested prior to commencing construction to establish a baseline.

(2)

Following baseline testing of monitoring wells and prior to commencing construction, the applicant shall make reasonable attempts to work with property owners within 2,000 feet of the site to test the current conditions of the drinking water for those properties to create a baseline for future testing as may be required.

(3)

Testing wells shall be at the sole expense of the owner or operator and no portion of any cost incurred shall be borne by the county. The owner or operator shall test annually for the first five years after commercial operation commences, and every three years thereafter. The scope and/or frequency of the testing shall be increased at the discretion of the zoning administrator if there is reason to believe that the solar facility has introduced contaminants into the ground water to unsafe levels (based on EPA primary drinking water regulations). The zoning administrator also may require the owner or operator to initiate more frequent testing in the event of a natural disaster which has damaged the facility or its equipment.

(4)

Should test results indicate increased levels of contaminants attributable to the facility, the owner or operator shall offer to test all previously tested private wells within 2,000 feet of the boundaries of the site.

(5)

Should test results indicate unsafe levels of contaminants attributable to the facility, the owner or operator shall be responsible for submitting a written plan to the zoning administrator to take necessary actions in order to provide safe and adequate drinking water to any adjacent property owners affected by the facility.

(m)

Soil testing. The owner or operator shall conduct soil testing on the site as follows:

(1)

Testing shall be conducted in no less than three locations for each 100 acres of project area.

(2)

Testing shall be conducted prior to the issuance of a land disturbance permit and every five years thereafter. Testing also shall be conducted immediately prior to decommissioning and immediately following the termination of decommissioning; and any upon the occurrence of any major event at the site, as determined by the county.

(3)

Samples shall be analyzed for type, acidity, and nutrient levels, including nitrogen, phosphorous, potassium, magnesium, sulfur, zinc, and calcium. Samples also shall be analyzed for heavy metals and other toxins in accordance with test parameters established by DEQ.

(4)

Testing shall be performed by a service provider retained by the owner or operator and approved by the county.

(5)

A test report for each testing event, including an executive summary, shall be provided to the zoning administrator within ten days of the completion of the testing.

(6)

No cost shall be incurred by the county relating to soil testing or reports of soil testing provided to the county.

(n)

Prior to commencing construction, the owner/operator must submit a pre-construction evaluation of the condition of the roads along the delivery routes to the zoning administrator and VDOT review and acceptance. Upon completion of construction, the owner/operator must submit a post-construction evaluation of the condition of the roads along the delivery routes to the zoning administrator and VDOT for review. The post-construction evaluation shall include a plan for repairing any damage caused to the public roads along the delivery route directly attributable to the construction of the facility. The owner/operator shall be responsible for causing such repairs to be completed and shall be responsible for coordination of the repairs with VDOT. All roadway repairs along the delivery routes shall be made at owner/operator expense. As a condition of the issuance of a conditional use permit, the board may require that the site plan performance bond be extended to cover costs associated with repairs required to be completed to the delivery route.

The roadway conditions evidenced in the pre-construction evaluation shall be the baseline expectation of roadway conditions to be maintained during the project at the owner/operator's sole expense.

A delivery route plan shall be submitted to the zoning administrator and VDOT for review prior to any deliveries to the project site. This plan shall indicate directional signage to be installed along the delivery routes servicing the project in order to effectively direct delivery vehicles along the designated routes.

(o)

Community/shared solar facilities shall submit an annual report of subscribers of the facility to the zoning administrator.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2018-2, § 1, 2-5-2018; Ord. No. 2021-9, § 1, 4-5-2021; Ord. No. 2021-36, § 1, 12-6-2021; Ord. No. 2023-7, § 1, 5-1-2023; Ord. No. 2024-33, § 1, 12-17-2024)

To preserve and protect county viewsheds and resources, to protect the health, safety, and welfare of the community, and to otherwise advance the purpose and intent of this article, the following non-exhaustive list of additional criteria may be considered by the planning commission and the board of supervisors in addressing whether to recommend or grant a permit, and what conditions to impose on any permit, for a large scale or community/shared solar energy facility:

(a)

The topography of the site and the surrounding area.

(b)

The proximity of the site to, observability from, and impact on urban and residential areas.

(c)

The proximity of the site to, observability from, and impact on areas of historical, cultural, and archaeological significance.

(d)

The proximity of the site to other large scale or community/shared solar energy facilities, other energy generating facilities, and utility transmission lines.

(e)

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blueways.

(f)

The proximity of the site to, observability from, and impact on public rights-of-way, including but not necessarily limited to highways, secondary roads, streets, and scenic byways.

(g)

The proximity of the site to, observability from, and impact on recreational areas, such as parks, battlefields, trails, lakes, rivers, and creeks.

(h)

The proximity of the site to airports.

(i)

The preservation and protection of wildlife and pollinator habitats and corridors.

(j)

The proximity of the site to any urban planning area or community planning area identified in the comprehensive plan.

(k)

The size of the site.

(l)

The proposed use of available technology, coatings, and other measures for mitigating adverse impacts of the facility.

(m)

Any other criteria addressed in sections 53-157 and 53-158 of this article.

(n)

The preservation and protection of prime farmland in the county, provided that:

(1)

"Prime farmland" shall have the meaning assigned to it by the Natural Resource Conservation Service of the United States Department of Agriculture, except that lands established in silvaculture shall not be considered prime farmland;

(2)

If no more than ten percent of the site is prime farmland, this consideration will be waived;

(3)

If more than ten percent of the site is prime farmland that is not contiguous, this consideration may be waived;

(4)

If more than ten percent of the site is prime farmland that is contiguous, the prime farmland can be removed from the project area; and

(5)

The board of supervisors may waive any or all of the foregoing.

(o)

The proposed dedication of real property of substantial value or substantial cash payments for, or proposed construction of, substantial public improvements, the need for which is not generated solely by the granting of a conditional use permit, so long as reasonably related to the project.

The enumeration of these criteria shall not prohibit the planning commission or board of supervisors from considering other factors deemed relevant to a specific conditional use permit application based on the details of the application. Nothing herein shall limit in any manner the nature and scope of reasonable conditions that may be recommended by the planning commission or imposed by the board of supervisors.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2021-9, § 1, 4-5-2021; Ord. No. 2024-33, § 1, 12-17-2024)

(a)

If a solar energy facility has been determined to be unsafe by the county building official, the facility shall be required to be repaired by the facility owner, site owner, or operator to meet federal, state, and local safety standards, or to be removed by the owners or operator. The owners or operator must complete the repair or removal of the facility, as directed by the building official, within the time period allowed by the building official. If directed to do so by the building official, the owners or operator will remove the solar energy facility in compliance with decommissioning plan established for such facility.

(b)

If any solar energy generation facility is not operated for a continuous period of six months, the county may notify the facility owner by registered mail and provide 45 days for a response. In its response, the facility owner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the county deems the timetable for corrective action to be unreasonable, it may notify the facility owner, and the facility owner, site owner, or operator shall remove the solar energy facility in compliance with decommissioning plan established for such facility.

(c)

At such time that a solar energy facility is scheduled to be abandoned, the facility owner, site owner, or operator shall notify the zoning administrator in writing.

(d)

Within 365 days of the date of abandonment, whether as declared by the county under subsection (b) or as scheduled by the owners or operator under subsection (c), the facility owner, site owner, or operator shall complete the physical removal of the solar energy facility in compliance with decommissioning plan established for such facility. This period may be extended at the request of the owners or operator, upon approval of the board of supervisors.

(e)

When the facility owner, site owner, operator, or other responsible party decommissions a solar energy facility, he shall handle and dispose of the equipment and other facility components in conformance with federal, state, and local requirements. All equipment, both above and below ground, must be removed as part of the decommissioning plan. Internal paths, roads, travelways, and landscaping may be left at the discretion of the site owner.

(f)

If the facility owner, site owner, or operator fails to timely remove or repair an unsafe or abandoned solar energy facility after written notice, the county may pursue a legal action to have the facility removed at the expense of the facility owner, site owner, or operator, each of whom shall be jointly and severally liable for the expense of removing or repairing the facility. The county also may call upon the decommissioning security to remove the facility.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2024-33, § 1, 12-17-2024)

(a)

Compliance with uniform statewide building code. All solar energy facilities shall be constructed and operated in compliance with the uniform statewide building code.

(b)

Compliance with National Electric Code. All solar energy facilities shall be constructed and operated in compliance with the National Electric Code.

(c)

Compliance with regulations governing electric energy supply. Large scale and community/shared solar energy facilities connected to the utility grid must comply with permitting requirements of the state corporation commission or the permit by rule requirements of the department of environmental quality, as applicable.

(d)

FAA regulations. All solar energy facilities must meet or exceed the standards and regulations of the Federal Aviation Administration.

(e)

Other applicable laws. All solar energy facilities shall be constructed and operated in compliance with all applicable local, state, and federal laws, rules, regulations, permit requirements, and ordinances.

(Ord. No. 2017-3, § 1, 11-6-2017; Ord. No. 2024-33, § 1, 12-17-2024)

(a)

In accordance with the authority granted localities pursuant to Code of Virginia, § 58.1-2636 (1950, as amended), the county hereby assesses: (i) a revenue share of $1,400.00 per megawatt, as measured in alternating current (AC) generation capacity of the nameplate capacity of the facility based on submissions by the facility owner to the interconnecting utility, on any solar photovoltaic (electric energy) project, and (ii) a revenue share of $1,400.00 per megawatt, as measured in alternating current (AC) storage capacity, on any energy storage system.

(b)

The revenue share of $1,400.00 per megawatt imposed pursuant to subsection (a) of this section shall be increased on July 1, 2026, and every five years thereafter, by ten percent.

(1)

The provisions of this subsection (b) shall not apply to solar photovoltaic projects or energy storage systems for which an application was filed with the locality, as defined by Code of Virginia, § 58.1-3660(D), and such application was approved by the locality prior to January 1, 2021.

(2)

The provisions of this subsection (b) shall apply to all solar photovoltaic projects and energy storage systems for which an application is approved by the locality on or after January 1, 2021.

(c)

For purposes of this section, "solar photovoltaic (electric energy) project" shall not include any project that is (i) described in Code of Virginia, §§ 56-594, 56-594.01, or 56-594.2, or chapters 358 and 382 of the Acts of Assembly of 2013, as amended; or (ii) 20 megawatts or less, as measured in alternating current (AC) generation capacity, for which an initial interconnection request form has been filed with an electric utility or a regional transmission organization on or before December 31, 2018.

(Ord. No. 2021-13, § 1, 4-5-2021; Ord. No. 2022-9, § 1, 5-2-2022; Ord. No. 2023-5, § 1, 4-3-2023; Ord. No. 2024-33, § 1, 12-17-2024)

State Law reference— Revenue share for solar energy projects and energy storage systems, Code of Virginia, § 58.1-2636.