The purpose of this section is to establish requirements for construction and operation of solar facilities and to provide standards for the placement, design, construction, monitoring, modification, and removal of solar facilities; address public safety, preserve and protect areas of scenic, natural, cultural, historic, agricultural and forestry resources; and provide adequate financial assurance for decommissioning.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

This article shall apply to all solar facilities constructed after the effective date of this article, including any physical modifications to any existing solar facilities that materially alter the type, configuration, or size of such facilities or other equipment.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Small-scale solar facilities may be installed by-right in all zoning districts to provide electricity to individual structures; provided a site plan (as applicable) has been submitted to the zoning administrator for review and approval; all federal, state and local regulations have been followed; and the system is located upon the property or structure being served.

(b)

Medium-scale solar facilities may be installed in the industrial districts to provide electricity for use on-site for commercial and industrial applications; provided a site plan has been submitted to the zoning administrator for review and approval; all federal, state and local regulations have been followed; and the system is located on the property or structure to be served.

(c)

Utility-scale solar facilities exceeding 21 megawatts (MW) may be installed with a conditional use permit in the agricultural conservation district to provide electricity for use off-site; provided all federal, state and local regulations have been followed.

(d)

Any commercial or industrial solar facility installed upon a roof top shall submit a site plan to the zoning administrator and an engineering study to the building official's office for review.

(e)

Solar facilities should locate on brownfields, county-owned capped landfills, near existing industrial uses, or on lands that are not identified as prime farmland by the U.S. Department of Agriculture where feasible (but not within identified future land use planning area boundaries).

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Principal solar energy facilities must conform to the following standards:

(1)

Buffers. For photovoltaic panels, substations, and other equipment associated with the production and distribution of electricity (other than poles and wires) the following minimum buffers are required:

a.

One hundred fifty feet from any property line or road. No panels, cabinets, or other associated equipment, exclusive of utility poles, wires, cables, access roads, fencing, and stormwater outfalls, shall be located closer than 25 feet from the buffer. Fencing is to placed on the outside perimeter of the panel.

b.

One hundred feet from RPA wetlands, rivers, streams or other environmentally sensitive features and 50 feet from any wetland not associated with an RPA. No panels, cabinets, or other associated equipment; exclusive of utility poles, wires, cables, and access roads, shall be located closer than ten feet from the buffer. Fencing is placed on the outside perimeter of the panel array and may conflict with the additional ten-foot buffer setback.

(2)

Stormwater management. Stormwater management facilities, exclusive of stormwater outfalls, shall not be located within the required buffer.

(3)

Tree protection plan. A tree protection plan certified by a landscape architect, certified horticulturist, or ISA certified arborist must be provided with the site plan. Prior to land disturbance, all tree protection measures shall be installed by the property owner and inspected by a representative of the planning department.

(4)

Landscaping. Buffers shall be landscaped in accordance with the standards set forth in this subsection, depending upon the type and density of existing trees and shrubs. Existing healthy vegetation may be used to meet these requirements. The preservation of existing trees and shrubs within required buffers shall be maximized to the extent practicable. Improvements within the buffer shall be limited to those required to provide access, utilities, and drainage, and shall be installed generally perpendicular to the buffer to reduce impacts to the buffer. Unless otherwise specified, references to the size of required trees and the characteristics of required trees and shrubs are in accordance with section _______. Shrub sizes are as follows: small shrubs are those that do not exceed four feet at maturity without pruning, medium shrubs are those that reach four to eight feet at maturity without pruning, and large shrubs are those that reach greater than eight feet at maturity. Maturity for shrubs is seven years of age.

a.

Forested buffer planting standards. Forested buffers may be used to satisfy the buffer landscaping standards, provided the following conditions are met:

1.

The buffer area is covered with at least 75 percent of naturally-established vegetation;

2.

The existing plant material is mature and in healthy condition;

3.

The existing plant material consists of a mix of evergreen and deciduous trees which satisfy the following:

(a)

Existing deciduous trees having a minimum four inch caliper measured two feet from the ground;

(b)

Evergreen trees that are a minimum of ten feet in height; and

(c)

Hardy shrubs that are a minimum of two feet in height and width with a full growth habit;

4.

Any existing trees which are used to satisfy this requirement must have the entirety of their canopies located within the buffer area; and

5.

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

b.

Supplemental planting standards: Buffers which do not meet the requirements of subsection 4.a. of this section must conform to the following standards:

1.

Forested buffers with no understory as required in subsection 4.a.(5) of this section must be improved as follows:

i.

Three small deciduous understory trees per 100 feet of buffer length;

ii.

Three small evergreen trees per 100 feet of buffer length;

iii.

Five large shrubs per 100 feet of buffer length; and

iv.

Ten small to medium shrubs per 100 feet of buffer length.

2.

Forested buffers with no evergreen tree component as required in subsection 4.a.(3) of this section must be improved to have the following, located along the inside or outside buffer line in a staggered pattern:

(a)

Four large evergreen trees per 100 feet of buffer length; and

(b)

Six small evergreen trees per 100 feet of buffer length.

3.

Forested buffers with no deciduous tree component as required in subsection 4.a.(3) of this section do not represent an established mature buffer. Forested areas with only evergreen trees are considered pioneer growth and will need to meet the full buffer supplementation requirements outlined in this section. Existing evergreen trees can be used to meet the requirements related to evergreen trees.

4.

Where existing buffers do not comply with subsection 4.a.(3) of this section due to immature, inadequate or unhealthy existing vegetation, the property owner shall plant a staggered pattern and placement in accordance with the following standards:

(a)

Plantings may be clustered within the buffer as long as there are no vegetative gaps of ten or more linear feet or the existing stand of trees have no branches or understory growth lower than six feet from the ground.

(b)

Clusters to be of no more than 50 feet in width consisting of:

(1)

Two large deciduous trees;

(2)

Four small deciduous trees;

(3)

Six large evergreen trees;

(4)

Eight small evergreen trees;

(5)

Seven large shrubs; and

(6)

Fifteen small to medium shrubs.

c.

Surety for landscaping. Prior to the approval of a plan of development, surety shall be provided for any landscaping plantings or improvements proposed for buffers or screening. Such surety must be sufficient to replace all landscaping plantings that must be replaced. Planning department staff will inspect the property one year after installation to determine if the landscaping plantings are healthy or need to be replaced.

d.

Landscape maintenance. The landscape plan submitted by the property owner must include a landscape maintenance schedule; this plan shall provide information as to how the property owner will ensure planted materials remain viable. The landscape maintenance plan shall include a schedule and the measures to be taken for the regular trimming and mowing of the site.

e.

Site stabilization. Pollinator and other ecologically friendly and beneficial ground covers that promote wildlife habitats and forage are required to be planted and maintained within the facility including, but not limited to, the ground below and surrounding the solar arrays.

(5)

Height limitations. No building, structures, solar panel arrays or other equipment utilized on site may exceed 20 feet in height above finished grade. This restriction shall not apply to electric utility poles. Security fencing shall be limited to eight feet in height.

(6)

Access. Access to the property shall meet the requirements established by the Virginia Department of Transportation for entrance location and design, and those identified by King William County Fire - EMS as needed to ensure adequate emergency response. In no case shall aisle widths be less than 20 feet.

(7)

Underground utilities. All new transmission and distribution lines shall be placed underground except:

a.

Those lines which are solely the subject of the state corporation commission jurisdiction or otherwise required by the commission.

b.

Where necessary to connect to the existing utility lines.

c.

When an exception is granted by the director of planning during the site plan review process. In order for an exception under this subsection to be granted, the applicant must demonstrate that placing the lines underground will create environmental harm, such as the disturbance of Chesapeake Bay Resource Protection Areas, or the placement of underground lines is not feasible due to topographical or other site conditions. Financial considerations do not constitute sufficient grounds for the director to grant an exception.

(8)

Security fencing. Security fencing and gates shall be provided and shall be designed and located in accordance with the following:

a.

All security fencing shall be located on the inner edge of the buffer (the edge furthest from the property line) when possible.

b.

Maximum height for fencing shall be eight feet.

c.

Fencing shall include wildlife friendly design features, where the director of planning deems them appropriate.

(9)

Lighting. Where required, site lighting shall meet the requirements of Article 5, Division 6, Lighting Requirements of the King William County Zoning Ordinance with regard to off-site light trespass. All fixtures shall utilize full cut off shielding. Lighting shall be reduced during nighttime hours to the minimum level necessary to maintain safety.

(10)

Land disturbance and inspection. Land disturbance activity shall be limited to no more than 100 acres at a time, unless a greater amount is permitted at the time of site plan review by the director of planning.

(11)

Phasing. Solar facility applications shall include a phasing plan if the project is to be phased.

(12)

Decommissioning. All applications for solar facilities shall be accompanied by a comprehensive decommissioning plan, as required by the King William County Solar and Energy Storage Policy. The decommission plan must include provisions addressing the following:

a.

The removal of all materials and equipment including, but not limited to, cabling and wiring, both above and below ground.

b.

The restoration of the property to its predevelopment condition including, but not limited to:

1.

Soil remediation, including de-compaction, to ensure agricultural soils are able to support crops or pastureland.

2.

Reforestation of areas where tree clearing has occurred.

c.

An estimate of the gross cost for the complete removal of the solar facility and all associated infrastructure, the cost of soil remediation, and the cost of reforestation.

1.

The cost estimate shall not include anticipated or contracted for credits for the resale or salvage of the equipment and materials.

2.

Cost estimates shall be itemized by decommissioning task.

d.

The means by which the solar provider shall reimburse the county for an independent review and analysis of the cost estimate by a professional engineer.

e.

Financial surety to King William County in an amount sufficient to undertake decommissioning activities should the owner default in its decommissioning responsibilities. The surety shall continue in effect during the operation of the solar facility and until the time when the county certifies that decommissioning activities have been satisfactorily completed.

f.

The decommissioning cost estimate shall be updated every five years and adjusted for inflation. The value of the surety shall be increased to an amount equal to the inflation-adjusted cost estimate.

g.

Decommissioning shall commence within six months after the facility ceases to produce any electricity for the distribution system to which it was connected. The site shall be maintained in accordance with the required landscaping maintenance plan as long as the facility is producing any electricity.

(13)

Size.

a.

Utility scale facilities may be no greater than 1,000 acres.

(14)

Project area limit. No more than three percent of the county's land mass 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 PC (solar) panels must be on-site, adjacent to, or adjoining the user's property.

(15)

Applicants for new solar facilities shall coordinate with the county's fire and emergency services staff to provide materials, education and training to the departments serving the property with fire and emergency services on how to safely respond to on-site emergencies.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, repealed the former § 86-383, and enacted a new § 86-383 as set out herein. The former § 86-383 pertained to applications and procedures and derived from Ord. No. 09-21R2, Att. A, adopted Sep. 27, 2021.

The following shall apply to all accessory solar energy facilities:

(1)

For roof-mounted facilities. The facility shall not extend more than 12 inches above the roof surface at maximum tilt and shall not extend further than 12 inches from the outside wall of the building. Solar shingles are considered to be the roof and are not subject to this requirement. A conditional use permit is required for the height of the solar panels to exceed 12 inches above the roof surface or 12 inches from the outside wall. In no case shall the height of the solar panels exceed the maximum building height permitted in the applicable zoning district.

(2)

For ground-mounted facilities.

a.

Height limits. No equipment, including panels, may extend more than 12 feet in height above finished grade of the ground.

b.

Setbacks. Panels and other equipment must meet building setbacks of the district regulations for the property.

c.

Screening. Screening, consisting of a staggered double row of evergreen trees planted eight feet on center, is required. The screening shall be installed in such a way as to block the view of the panels and other equipment from public and private roadways and adjoining properties.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, repealed the former § 86-384, and enacted a new § 86-384 as set out herein. The former § 86-384 pertained to neighborhood meeting and derived from Ord. No. 09-21R2, Att. A, adopted Sep. 27, 2021.

The following standards shall apply to supplementary solar energy facilities:

(1)

Maximum wattage: Two megawatts.

(2)

Size.

a.

The aggregate area used for the installation and operation of a supplementary solar energy facility shall not exceed ten percent of the property on which the facility is located; provided, where rooftops of buildings containing a permitted use are used to house components of the facility, the aggregate area may be increased by the square footage of those buildings.

b.

Where multiple supplemental solar energy facilities are on adjoining properties, or are interconnected in any way, and the total area of combined facilities exceeds ten acres, they will be considered a single principal solar energy facility and must comply with all standards and regulations applicable to principal solar energy facilities.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, repealed the former § 86-385, and enacted a new § 86-385 as set out herein. The former § 86-385 pertained to minimum development standards and derived from Ord. No. 09-21R2, Att. A, adopted Sep. 27, 2021.

As used in this article, the following terms shall have the meanings indicated:

Battery(ies) means a single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this article, batteries utilized in consumer products are excluded from these requirements.

Battery energy storage system means one or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:

(1)

Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh for onsite use only and, if in a room or enclosed area, consist of only a single energy storage system technology.

(2)

Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.

Cell means the basic electrochemical unit, characterized by an anode and cathode, used to receive, store, and deliver electrical energy.

Dedicated-use building means a building that is built for the primary intention of housing battery energy storage system equipment, as defined in the latest adopted editions of the Virginia Uniform Statewide Building Code ("Uniform Code") and the International Building Code, and complies with the following:

(1)

The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.

(2)

No other occupancy types are permitted in the building.

(3)

Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.

(4)

Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:

a.

The areas do not occupy more than ten percent of the building area of the story in which they are located.

b.

A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.

Energy Code means the Virginia Energy Conservation Code, as amended.

Uniform Code means the Virginia Uniform Statewide Building Code adopted pursuant to § 36-98 of the Code of Virginia, as amended.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, repealed the former § 86-386, and enacted a new § 86-386 as set out herein. The former § 86-386 pertained to decommissioning and derived from Ord. No. 09-21R2, Att. A, adopted Sep. 27, 2021.

(a)

All Tier 2 battery energy storage system installations shall comply with site plan requirements in accordance with Article XVII.

(b)

All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that (1) contain or are otherwise associated with a battery energy storage system and (2) are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Code of King William County.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, repealed the former § 86-387, and enacted a new § 86-387 as set out herein. The former § 86-387 pertained to coordination of local emergency services and derived from Ord. No. 09-21R2, Att. A, adopted Sep. 27, 2021.

(a)

Tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, as accessory to a permitted use. Setbacks shall be determined by Division 2, Section 86-110 of the Zoning Ordinance.

(b)

Tier 2 battery energy storage systems. Tier 2 battery energy storage systems are permitted through the issuance of a conditional use permit by the board of supervisors within the A-C, and I zoning districts. All applications for conditional use permits shall address at a minimum the following items:

(1)

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

(2)

Signage. No advertising of any type may be placed on a battery energy storage system or related facility, except that a sign shall be required displaying the name, registration number, and emergency contact number of the facility owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location.

(3)

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes. Any exterior lighting shall comply with Article XII, of the Zoning Ordinance.

(4)

Noise. Noise shall be regulated by Article II of the King William County Code.

(5)

Decommissioning.

a.

Decommissioning plan. The applicant shall submit a decommissioning plan prior to site plan approval to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

1.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

2.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

3.

The anticipated life of the battery energy storage system;

4.

The estimated decommissioning costs and how said estimate was determined;

5.

The method of ensuring that funds will be available for decommissioning and restoration;

6.

The method by which the decommissioning cost will be kept current;

7.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

8.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

b.

Decommissioning fund. The owner and/or operator of the energy storage system shall provide surety in the form of a letter of credit, cash bond, or corporate surety for the removal of the battery energy storage system, in an amount to be determined by King William County, for the period of the life of the facility. All costs of the financial security shall be borne by the owner and/or operator.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, repealed the former § 86-388, and enacted a new § 86-388 as set out herein. The former § 86-388 pertained to conditions and derived from Ord. No. 09-21R2, Att. A, adopted Sep. 27, 2021.

(a)

Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures.

(b)

Height. Tier 2 battery energy storage systems shall comply with the building height limitations for principal structures of the underlying zoning district.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, set out provisions intended for use as § 86-392. For purposes of classification, and at the editor's discretion, these provisions have been included as § 86-389.

(a)

Certified solar energy equipment shall be partially exempt from taxation as real or personal property.

(b)

"Certified solar energy equipment, facilities or devices" means any property, including real or personal property, equipment, facilities, or devices, excluding any such property that is exempt under Virginia Code § 58.1-3660, certified by the building inspector to be designed and used primarily for the purpose of collecting, generating, transferring, or storing thermal or electric energy.

(c)

Local tax rate means the real estate property tax rate.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, set out provisions intended for use as § 86-396. For purposes of classification, and at the editor's discretion, these provisions have been included as § 86-390.

Certified solar energy equipment, facilities and devices are hereby declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of real or personal property.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, set out provisions intended for use as § 86-397. For purposes of classification, and at the editor's discretion, these provisions have been included as § 86-391.

The exemption shall be administered by the building inspector and the commissioner of revenue according to the general provisions of this division and applicable state law.

(Ord. No. 16-24, 9-23-2024)

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, set out provisions intended for use as § 86-398. For purposes of classification, and at the editor's discretion, these provisions have been included as § 86-392.

(a)

Any person may proceed to have solar energy equipment, facilities or devices certified as exempt from taxation by applying to the building inspector. If, after examination of such equipment, facility or device, the building inspector determines that the unit primarily performs any of the functions set forth above and conforms to the requirements set by regulations of the board of housing and community development, the inspector shall approve and certify such application. The building inspector shall forthwith transmit to the commissioner of revenue those applications properly approved and certified by the building inspector as meeting all requirements qualifying such equipment, facility or device for exemption from taxation. Any person aggrieved by a decision of the building inspector may appeal such decision to the local board of building code appeals, which may affirm or reverse such decision.

(b)

Upon receipt of the certificate from the building inspector the commissioner of revenue shall proceed to determine the value of such qualifying solar energy equipment, facilities or devices. The exemption provided by this section shall be determined by applying the local tax rate to the value of such equipment, facilities or devices and subtracting one-half of such amount either:

(1)

From the total real property tax due on the real property to which such equipment, facilities, or devices are attached, or

(2)

If such equipment, facilities, or devices are taxable as machinery and tools under Code of Virginia, § 58.1-3507, from the total machinery and tools tax due on such equipment, facilities, or devices, at the election of the taxpayer. This exemption shall be effective beginning in the next succeeding tax year, and shall be permitted for a term of five years. In the event the real estate is assessed pursuant to Code of Virginia, § 58.1-3292, the exemption shall be first effective when such real estate is first assessed, but not prior to the date of such application for exemption.

(c)

It shall be presumed for purposes of the administration of ordinances pursuant to this section, and for no other purposes, that the value of such qualifying solar energy equipment, facilities and devices is not less than the normal cost of purchasing and installing such equipment, facilities and devices.

(Ord. No. 16-24, 9-23-2024)

State Law reference— Certified solar energy equipment, facilities or devices and certified recycling equipment, facilities or devices, Va. Code § 58.1-3661.

Editor's note— Ord. No. 16-24, adopted Sep. 23, 2024, set out provisions intended for use as § 86-399. For purposes of classification, and at the editor's discretion, these provisions have been included as § 86-393.