The purpose of this ordinance is to provide for the siting, development, and decommissioning of utility scale, homeowner, commercial and agricultural projects in Lancaster County, subject to conditions that promote and protect the public health, safety, and welfare of the community while adhering to the responsible development of natural resources and significant conformance with the Comprehensive Plan. Whereas, the water-based resources of the county are of primary importance for conservation, recreation, and domestic water use; these resources, and others, should be taken into account during the planning, permitting, and development phase of any project subject to this article. Steep slopes of five percent or greater should be avoided to the maximum extent practical.

(Ord. of 7-1-21; Ord. of 6-30-22)

For definitions and word usage see Article 1, Definitions.

(Ord. of 7-1-21; Ord. of 6-30-22)

28-3-1. Roof mounted small-scale solar facilities shall be generally permitted in all districts with a zoning permit and be subject to approval by the Lancaster County Building Official.

28-3-2. Ground mounted small-scale solar energy facilities shall meet the minimum setbacks for primary dwellings in the zoning districts in which they are located and not exceed 10,000 square feet. These structures shall require approval by the Lancaster County Building Official.

(Ord. of 7-1-21; Ord. of 6-30-22)

28-4-1. Roof mounted solar facilities shall be generally permitted on buildings used for permitted agricultural and commercial purposes in good standing.

28-4-2. Ground mounted solar facilities for Agricultural or Commercial use shall meet the minimum structural setbacks for the district where they situated and may exceed 10,000 square feet with a special exception.

(Ord. of 7-1-21; Ord. of 6-30-22)

28-5-1. May be permitted only with a Special Exception approved by the Lancaster Board of Supervisors in Districts A-1, Agricultural, Limited; A-2, Agricultural, General; and M-1, Industrial, Limited. Unless otherwise approved by the Board of Supervisors, a Special Exception for a Utility Scale Solar facility shall expire within three years from the time of approval if a building permit for the project has not been obtained and construction has not commenced.

28-5-2. Shall require a site plan approval in accordance with Article 22, Site Plans, Lancaster County Zoning Ordinance. In addition to these requirements, the applicant shall provide and address the following:

28-5-2(A). Location of substations, electrical cabling from the solar facility to the substation, ancillary equipment, buildings, and structures.

28-5-2(B). Fencing and other public safety measures. Fencing may be solid or of chain link. Fencing is required to conform to the National Electric Code (NEC). Fencing shall be grounded at least once within 50 feet of the point where the high voltage conductors or duct bank cross over or under the perimeter fence. Bonding shall meet or exceed the standards outlined in any and all applicable electrical codes.

28-5-2(C). The following minimum setbacks shall be required unless a greater or reduced setback is approved as a condition of a Special Exception authorized by the Board of Supervisors.

1.

Front, side, and rear setbacks shall be a minimum of 250 feet from fenced areas. Fenced areas bordering a residential district shall require a 500-foot setback.

2.

Fenced areas must be 250 feet from the edge of a public the right of way. Fenced areas on parcels along routes 200, 354 and route 3 shall have a 1,150-foot setback from the center of the road on two lane roads and a 1,075-foot setback from the center of the road on existing four lane roads.

3.

Side or rear setback facing an existing or leased solar operation or from property owned or leased by the applicant, may be reduced or eliminated by the Board of Supervisors contingent upon a signed affidavit from this party or parties agreeing to such a reduction.

4.

Setbacks shall be free of buildings, and any other above ground infrastructure (excluding utility interconnection pole and lines). Driveways for access may enter closer than the setback, if approved, and should move away from the setback as soon as is feasible.

5.

Fenced area of solar arrays shall be a minimum of 250 feet, measured in a horizontal plane, from the edge of tidal and non-tidal wetlands and streams as defined in the 1987 Corps of Engineers Wetland Delineation Manual, and the appropriate Regional Supplement.

28-5-2(D). Vegetated buffer. Unless otherwise approved by the Board of Supervisors, a vegetated buffer a minimum of 40 feet in width is required within the setback area (outside of any public right of way). The buffer shall be required around the entire project area (except that a buffer is not required along internal parcel boundaries, if the project involves more than one parcel or owner). The buffer must be identified on a Landscaping Plan submitted at the time of application. This buffer shall consist of native plants to the maximum extent practical and feature specimens not listed on the Department of Conservation and Recreation Invasive Plant List. The planting schedule shall include at least four rows of medium to large evergreen shrubs (ex: myrica cerifera (morella cerifera)) spaced no further than three feet apart in the row. The rows should be no more than ten feet apart and no closer than eight feet. Evergreen trees (ex: juniperus virginiana) shall be included in this planting area and spaced ten feet apart within each planting row. The specimens spaced within the planting rows or line shall be staggered from the adjacent rows in order to enhance the visual screening effect. The trees must be a minimum of four feet tall at planting and reach a height of ten feet within two years. Shrubs shall be at least 12 inches tall at planting. Existing vegetation, or forest area, which meets or exceeds the buffer requirements, may be accepted in lieu of planting upon the written consent of the Zoning Administrator and shall be part of the Special Exception application for Board of Supervisors approval or modification.

In areas where the nearest off project site or non-leased area, dwelling, or occupied structure is 1,000 linear feet away or greater, the applicant may submit a plan for natural buffer establishment. This plan would involve the cessation of mowing on a stabilized surface that results in natural recruitment of shrubs and trees within this un-mowed area. The area shall be marked by staking and or signage and be at least 40 feet in width or greater, including curve and turn areas. The annual inspection requirement shall apply and require the naturally recruited vegetation to reach a height of ten feet within 24 months or two seasons, whichever is greater. This naturally recruited woody vegetation should not be thinned to less than 20 inches DBH every 100 square feet and ground covers and shrubs should not be discouraged.

Vegetation shall be inspected at least one year or one growing season after installation for survival; Individual specimens not surviving shall be replanted within the next available growing season. Vegetation shall be inspected annually by staff for screening effectiveness and will utilize views from the edge of the right of way and adjacent properties, as applicable. A landscaping maintenance plan and landscaping security in a form approved by the County Attorney, shall be required at the time of site plan approval.

28-5-2(E). Glare. The solar panels shall be of a non-reflective type and the facility must be designed and operated to prevent the direction of concentrated solar radiation or glare onto neighboring properties and public roads.

28-5-2(F). Construction Hours. Construction hours shall be limited to between 7:00 am and 7:00 pm, Monday through Saturday. Noise levels during construction must not exceed an average over the work day of 85 decibels (dba) as measured at the boundary lines of the leased or owned area.

28-5-2(G). Emergency Plan. An Emergency Plan shall be presented, which addresses possible hazards. Prior to issuance of a building permit, the Emergency Plan shall be approved by and filed with the Chief of Emergency Services, along with ingress/egress mechanisms for locks and gates or other infrastructure access in the case of fire, medical emergency, or any declared disaster. This document shall be updated at the five-year interval along with the Decommissioning Plan.

28-5-2(H). Documentation of Right to Use Property. Applicant shall be required to provide evidence of lease and intent to develop permitted uses as conditioned.

28-5-2(I). Decommissioning Plan. A Decommissioning Plan, detailing how the site will be returned to the pre-development state, shall be submitted during the application process and be filed with Zoning Administrator, if approved. The plan shall be updated every five years from the date of approval and include the inflation rate as published by the Bureau of Labor Statistics, CPI. This plan shall include, but not be limited to:

1.

The anticipated life of the project.

2.

The estimated decommissioning cost in current dollars and how this value was determined.

3.

Detail the method and manner of decommissioning.

4.

Provide financial security, which shall provide funds adequate to cover the decommissioning costs minus the estimated salvage value of the solar equipment at decommissioning. The security shall be in a form acceptable to the county attorney, County Administrator and the County Treasurer, and be consistent with Section 15.2-2241.2, and issued by a company with a credit rating from ether S&P, Moody's, or A.M. Best rating of at least "A" from S&P, A2 from Moody's and A or higher from A.M. Best. The final security details and surety shall be posted prior to issuance of the construction permit(s).

28-5-2(J). Additional Information. Additional information may be required by the Zoning Administrator at the time of application and/or prior to the presentation to the Board of Supervisors for Special Exception (including but not limited to i) a soil type and/or productivity analysis, ii) a visual impact and mitigation analysis and iii) a cultural resources analysis. Additional information may be requested prior to construction and after approval. Additional reasonable costs for the services of engineers or other technical experts required to properly evaluate any aspect of the solar facility, the expenses of such services shall be borne by the applicant /operator of the facility.

28-5-3. Height. The height of ground mounted utility scale solar facilities shall not exceed 15 feet in height when oriented at maximum tilt. Substation equipment and associated infrastructure is not subject to this requirement, but shall conform to the zoning requirements of the underlying district. Internal electrical cabling and wires should be underground to the maximum extent practical.

28-5-4. Signs. No signage shall be allowed on the fencing, structures, or buildings of the facility except for one sign 32 square feet at the main ingress/egress area, which shall list the required warnings, facility name, address and relevant emergency contact information. Directional signs, not exceeding eight square feet per sign, shall be permitted and limited to no more than two per approved entrance or right of way. Any signage required by any State or Federal agency, any industry code or standard, or any commercial insurance standards for safety or emergency purposes shall be exempt from this requirement.

28-5-5. Lighting. During operation, the facility shall utilize no more lighting than necessary to ensure safe operation and maintenance. To the maximum extent practical, lighting should be on motion sensors, aimed away from roads and dwellings, and limited to only areas that require illumination. Lighting shall be permitted during construction, as needed, within permitted operational hours.

28-5-6. Vegetation management. The ground between the panels and in areas not otherwise covered by gravel or infrastructure shall be managed with a vegetative cover that retards runoff and prevents the soil from blowing or washing away from the site. This cover may be managed with mowing, grazing, or herbicide use, provided that the herbicides are used within the label restrictions and are non-residual in type.

28-5-7. Noise. Inverter and other equipment noise shall not exceed 65 decibels (dba) when measured from the property line or project area boundary, whichever is greater. Construction noise shall not exceed an average 85 decibels when measured from the property line or project boundary line, whichever is greater and only during the construction phase or permitted repairs.

28-5-8. Liability Insurance. The owner/operator shall provide proof of adequate liability insurance for a solar facility prior to the issuance of zoning and building permits. This information shall be updated annually with the Energy Production Report.

28-5-9. Decommissioning/Abandonment. Decommissioning may be undertaken by the owner/operator at any time during the life of the project and site area. This shall follow the approved plan and allow for county inspection of the site and include removal of all above and below ground structures and panels. In the event that the site is abandoned, idle, not being maintained, or not sending electrons to the grid, for a period exceeding 24 months, the owner and/or the operator shall have six months in which to either accomplish the decommissioning plan or bring the facility back up to the required standards. A one-time six-month extension to this time may be requested from the Board of Supervisors.

(Ord. of 7-1-21; Ord. of 6-30-22)

Enforcement of this article shall be as prescribed in Article 15, Enforcement, Lancaster County Zoning Ordinance, with all rights to appeal as required therein.

28-6-1. Energy Production Report. On an annual basis, the operator or owner of any utility scale solar facility shall provide to county staff, a report of energy production for a specified prior timeframe for the purposes of determining an idle or otherwise inoperable state in conformance with section 28-5-9. This report shall also include an update to the liability insurance coverage as required by section 28-5-8.

(Ord. of 7-1-21; Ord. of 6-30-22)