The purpose of this article is to provide for the siting, development, and decommissioning of larger-scale solar energy projects in Henry County, subject to reasonable conditions that promote and protect the public health, safety and welfare of the community while promoting development of renewable energy resources.

(Ord. of 3-24-20)

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 special use permit, as the case may be, to site, develop, construct, install, and operate a solar energy facility under this article.

Facility 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, and does not meet any of the following criteria: has a disturbance zone equal to or less than two (2) acres, is mounted on or over a building, structure, parking lot, or utilized integrated PV only.

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.

Project area. The area within a site used for the construction and operation of the 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 two (2) acres or less; (2) is mounted on or over a building, structure, parking lot; or (3) utilizes integrated PV only.

(Ord. of 3-24-20)

A special use permit is required for each large-scale solar energy facility proposed to be constructed, installed, or operated in Henry County. For large scale solar energy facilities, the general procedures for applying for a special use permit shall apply in addition to the requirements of this article.

(Ord. of 3-24-20)

For proposed small scale solar energy facilities, unless otherwise approved by the Zoning Administrator; the applicant shall submit a project narrative and site plan that comply with subsections (a) and (b) in section 21-1805. The signage, noise, and lighting requirements in section 21-1806 shall apply to all small scale solar energy facilities. The fencing requirement and the height restriction in section 21-1806 shall apply to all ground-mounted small scale solar energy facilities. The setback, vegetative buffering, and pollinator habitats requirements in section 21-1806 shall apply to all small scale solar energy facilities. Small scale solar energy facilities are required to have a decommissioning plan and security that comply with subsection (a) of section 21-1807. 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. of 3-24-20)

In addition to the requirements of a Henry County special use permit, applications for a larger-scale solar energy project shall include the following information:

(a)

Project narrative. A narrative identifying the applicant, owner and operator, and describing the proposed solar energy project, including an overview of the project and its location; approximate rated capacity of the solar energy project; the approximate number, representative types and expected footprint of solar equipment to be constructed; and a description of ancillary facilities, if applicable.

(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 as means 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.

(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 21-1807.

(e)

Liability insurance. The applicant shall propose a reasonable amount of liability insurance that the applicant deems adequate to cover operations at the large-scale solar energy facility.

(Ord. of 3-24-20)

The following requirements apply to large-scale solar energy facilities:

(a)

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes visual impacts to adjoining and nearby residents or public roads.

(b)

Signage. Warning signage shall be placed on solar equipment to the extent appropriate. Solar equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy project. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows (a) manufacturer's or installer's identification; (b) appropriate warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a twenty-four-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and benefits of renewable energy may be allowed as provided in the local sign ordinance.

(c)

Noise. Noise levels from the facility shall comply at all times with the county noise ordinance.

(d)

Setbacks. The project area shall be set back a distance of at least one hundred (100) feet from all public rights-of-way and main buildings on adjoining parcels, and a distance of at least fifty (50) feet from adjacent property lines. Exceptions may be made for adjoining parcels that are owned by the applicant. Increased setbacks and additional buffering may be included in the conditions for a particular permit. Solar energy facilities also shall meet all setback requirements for primary structures for the zoning district in which the facility is located in addition to the requirements set forth above. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas provided that such are generally parallel to the property line.

(e)

Fencing. The project area shall be enclosed by security fencing not less than six (6) 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 twenty (20) 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 special use permit, an installed landscaped strip consisting of multiple rows of staggered trees and other vegetation. This buffer should be made up of plant materials at least six (6) feet tall at the time of planting and that are reasonably expected to grow to a minimum height of ten (10) feet within three (3) years. The Board of Zoning Appeals 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 wildlife-friendly native plants, shrubs, trees and grasses must be used in the vegetative buffer. Fencing must be installed on the interior of the buffer. A recommendation that the screening and/or buffer creation requirements be waived or altered may be made by the Board of Zoning Appeals 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 are disturbed, new plantings shall be provided for the buffer. 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. 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 twenty (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.

(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 two and one-half (2½) percent of the land in a five-mile radius of the project area of any existing large scale solar energy facility shall be approved for use as the project area for a new large scale solar energy facility.

(k)

Project area limit. No more than one percent of the County's land mass, equating to two thousand four hundred forty-five (2,445) acres of solar project area, shall be approved for large scale solar energy facilities. This project area limit shall not apply to local industries producing electricity for their own consumption. The PV (solar) panels must be on-site, adjacent to, or adjoining the user's property.

(l)

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.

(Ord. of 3-24-20; Ord. of 7-25-23)

a)

Decommissioning plan. As part of the project application, the applicant shall submit a decommissioning plan, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars; (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned.

b)

Unsafe or abandoned projects.

1.

If a solar energy project has been determined to be unsafe by the locality Building Official, the solar energy project shall be required to be repaired by the owner or operator to meet federal, state, and local safety standards, or be removed by the owner or operator within the time period allowed by the Henry County Building Official. If the owner or operator fails to remove or repair the unsafe solar energy project, Henry County may pursue a legal action to have the project removed at the owner's or operator's expense.

2.

When the owner or other responsible party decommissions a solar energy project, he shall handle and dispose of the equipment and other project components in conformance with state and local requirements.

3.

At such time that a solar energy project is scheduled to be abandoned, the owner or operator shall notify the Henry County Planning, Zoning and Inspections Director or the Henry County Building Official.

4.

Within three hundred sixty-five (365) days of the abandonments, the owner or operator shall complete the physical removal of the solar energy project, if requested by Henry County. This period may be extended at the request of the owner or operator, upon approval of Henry County.

5.

For some projects (greater than twenty (20) acres) the Board of Zoning Appeals may require reliable methods of secured funding sources to ensure that performance obligations under the local government approvals are satisfied, up to and including the costs for decommissioning.

(Ord. of 3-24-20)

(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 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. of 3-24-20)