Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XXII
Energy Facilities
§ 165-168 Purpose.
A.
To balance the need for energy resources within a comprehensive energy strategy and the need to protect the public health, safety and welfare of the community, the County finds these regulations are necessary to ensure that energy systems are properly designed, appropriately sited and receive necessary oversight from installation to decommissioning.
B.
Shenandoah County encourages the use of net-metering or dual use energy facilities especially those located on existing commercial/industrial use sites, brownfields, impervious surfaces, or existing structures. Shenandoah County discourages the development of large-scale energy facilities on prime and productive farm and forestry lands, near recognized historic resources, or on sensitive environmental areas such as floodplains, wetlands, and steep slopes.
§ 165-169 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A photovoltaic system which utilizes the same area of land or space for both solar photovoltaic power as well as for agriculture.
A large-scale energy facility or a small-scale energy facility which utilizes the same area of land or space for both power generation or storage as well as for agriculture.
A small-scale energy facility device that measures the wind speed and transmits wind speed data to the controller.
The average annual energy usage and demands of a property and the appurtenances upon it. The average annual energy usage is based on the electrical service provider's information on the property for the past two calendar years, or 24 months, in addition to 10% of said amount to account for changes in energy demands; or reasonable good faith estimates as provided by a licensed professional engineer.
A photovoltaic system which solely uses biological organisms in order to produce energy or work.
The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.
A plan that details how agricultural activities will take place at an agrovoltaic facility including but not limited to plan to hire or contract a farm manager, maintenance, rotation schedules, management of grazing, maintenance of vegetation, feed and water lots, plans for shelter and fencing, spray plans, number of beehives, and other related aspects.
An Illuminating Engineering Society of North America (IESNA) classification that describes a luminaire having a light distribution in which zero candela intensity occurs at or above an angle of 90° above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (10%) at or above a vertical angle of 80° above nadir. This applies to all lateral angles around the luminaire.
An energy system that uses more than one technology to produce energy or work.
Photovoltaics incorporated into building materials, such as shingles, windows, facades, skylights, etc.
A facility wherein, one or more devices, assembled together, and/or structures capable of storing energy or energy potential in order to supply electrical energy at a future time, not to include gas stations, electric charging stations, fossil fuel storage, biological energy storage, mechanical energy storage, thermal energy storage, a stand-alone 12 volt car battery, or an electric motor vehicle. Such devices and/or structures are capable of storing more energy than the AAEN of the property upon which the LSESS is located.
A facility that meets all of the following criteria:
The facility has a total area impacted by the construction and operation of the facility greater than two acres;
The facility does not solely utilize integrated photovoltaic systems; and
The facility either:
Generates electricity from sunlight, and consists of photovoltaic systems and other appurtenant structures and facilities within the boundaries of the site; or
Utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produces mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy.
A facility consisting of one or more wind turbines, towers, and associated control or conversion electronics, either having a rated nameplate capacity greater than the AAEN for the property which it is located or a disturbance zone greater than two acres.
Measuring the difference, over the net metering period, between:
The twelve-month period following the date of final interconnection of the eligible customer-generator's system with an electric service provider, and each twelve-month period thereafter.
Materials and devices that absorb sunlight and convert it directly into electricity.
The maximum capacity of an energy project based on the sum total of each system's nameplate capacity.
The diameter of the circle described by the moving rotor blades.
The visible flicker effect that occurs when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
A facility wherein, one or more devices, assembled together, and/or structures capable of storing energy or energy potential in order to supply electrical energy at a future time. Such devices and/or structures are capable of storing less than or equal to the AAEN of the property upon which the SSESS is located unless the facility is a gas station, electric charging station, fossil fuel storage, biological energy storage, mechanical energy storage, thermal energy storage, a stand-alone 12 volt car battery, or an electric motor vehicle.
A facility that either:
Has a total area impacted by the construction and operation of the facility no greater than two acres; or
Can only meet the property's AAEN by exceeding the allowed two acres of total area impacted by the construction and operation of the facility, all other options must be exhausted and reasons for why other options are not viable must be provided in a signed statement by a professional engineer; or
Is to be mounted on or over a building, cemetery, redevelopment, parking lot, other impervious surface, irrigation rig, trailer, train, boat, bicycle, or vehicle; or
Solely utilizes integrated photovoltaic systems; or
Solely utilizes biophotovoltaic systems further defined in § 165-169.
A facility that either does not have a total capacity that exceeds the AAEN of the property or disturbance zone greater than two acres which it is located and is either:
Building-mounted and has a wind turbine height no more than 15 feet above the highest point of the roof; or
Ground-mounted and has a wind turbine height no more than 15 feet above the highest point of the primary structure's roof; or
Is an anemometer, windmill, or wind monitoring or meteorological tower.
Any electrical system designed to convert electricity produced by solar energy equipment to a voltage greater than 35 kilovolts (kV) for interconnection with high voltage transmission lines.
Those electrical power lines that carry voltages of at least 69 kilovolts (kV), and are primarily used to carry electric energy from place to place, rather than directly interconnecting and supplying electric energy to retail customers.
A small-scale energy facility tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can expect to generate.
A wind energy conversion device that produces electricity; it typically has one, two or three blades and may include a nacelle, rotor, generator, controller, and tower among other components.
The distance measured from grade to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
A small-scale energy facility consisting of a machine designed to convert the energy of the wind into more useful forms using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or pumping water.
§ 165-170 Applications for special use permits for large-scale energy facilities.
An application for a special use permit for a large-scale energy facility shall include the following:
A.
A site plan that shows:
(1)
Property lines and setback lines with all aboveground facilities being considered a structure (excluding any perimeter security fencing);
(2)
Existing and proposed buildings and structures, including preliminary location(s) of the proposed energy equipment;
(3)
Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements;
(4)
Noise levels at the property line of the project boundary in dBAs;
(5)
Location of Knox-Boxes on the site;
(6)
Screen buffers or other mitigation measures to address the concerns from the viewshed impact study;
(7)
The location of vegetation supporting pollinators to be planted in accordance with the applicant's pollinator plan;
(8)
Wildlife corridors, being at least 50 feet in width or larger per the wildlife corridor impact analysis;
(9)
Soil classification and the percentage of each class in the disturbance zone;
(10)
Location of historic, cultural, and scenic resources and the distance the project is located from said resources;
(11)
Location of the floodplain, 100-Foot Stream Buffer, wetlands, sinkholes, and critical slopes and the distance the project is located from said aspects;
(12)
Location of the proposed large-scale energy facilities, as well as a description of any other such large-scale energy facilities, within a mile radius of the project site's proposed disturbance zone.
(13)
Location of substations, electrical cabling from the energy systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks); and
(14)
Fencing and other methods of ensuring public safety such as warning signage.
B.
Documentation demonstrating the following:
(1)
Potential impact on wildlife, especially endangered or threatened species, on the site and in any biologically significant area surrounding the site;
(2)
Solid waste or hazardous waste generated by the project and methods of disposal thereof;
(3)
Lighting plan showing impacts on adjacent properties;
(4)
A description of emergency and normal shutdown procedures, including but not limited to:
(a)
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, release of hazardous materials and personal injuries, and for safe start-up following cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(c)
Procedures to be followed in response to notifications from the large-scale energy facility, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous condition in the event of a system failure.
(d)
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions.
(5)
Impacts to public safety and public safety services;
(11)
Potential hazards to adjacent properties, public roadways, communities, and aviation, etc., and responses to such hazards.
F.
The following additional information must be provided if requested by the Zoning Administrator: a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed large-scale energy facility from viewshed locations determined by the Zoning Administrator to assess the visual impact of the project, landscaping and screening plan, and coverage map.
§ 165-171 General regulations for all energy facilities.
A.
No such facility shall exceed i) 65 dBA as measured at the property line or ii) 50 dBA as measured at the nearest neighboring inhabitable building, at the time the energy facility is constructed;
B.
All electrical interconnection or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of aboveground transmission lines shall be minimized;
C.
Such a facility shall be required to obtain all necessary permits from the U.S. government, Commonwealth of Virginia, and Shenandoah County, and comply with standards of the major code and safety organizations that apply to generation projects [the National Fire Protection Association (NFPA), Underwriters Laboratories (UL), and Institute of Electrical and Electronics Engineers (IEEE)];
D.
The applicant shall certify that the provider of electric utility service to the site has been informed of the applicant's intent to install a net-energy-metered large-scale energy facility or small-scale energy facility. Applications stating that the proposed large-scale energy facility or small-scale energy facility will not be net energy metered shall be exempt from this requirement;
E.
Utility connections. Utility connections from a large-scale energy facility or small-scale energy facility shall be placed underground unless such action is commercially unreasonable due to factors including, but not limited to, soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above the ground if required by the utility provider;
F.
Materials to be used shall be nonreflective and cause the least amount of glare and glint practicable to individuals in the viewshed.
§ 165-172 General regulations for large-scale energy facilities.
The following provisions shall apply and be conditions that are a part of each special use permit granted by the Board of Supervisors for a large-scale energy facility unless expressly exempted therefrom:
A.
Knox-Boxes and keys shall be provided at locked entrances for emergency personnel access. Warning signage shall be placed on electrical equipment and facility entrances;
C.
The applicant of a large-scale energy facility shall hold at least one community meeting, which community meeting shall occur at least four weeks prior to public hearing held by the Planning Commission on the application;
D.
Large-scale energy facilities shall include a wildlife corridor at least 50 feet in width if the wildlife corridor analysis concludes that there is any impact from the project to wildlife or wildlife corridors;
E.
Large-scale energy facilities shall not be located within 300 feet of historical, cultural, and scenic resources;
F.
Large-scale energy facilities shall not be located within the floodplain, 100-Foot stream buffer, tree canopy cover, wildlife habitat core, wildlife habitat edge, critical slopes, ridge areas, agricultural and forestal districts, and at least 50 feet back from wetlands, caves, springs, or sinkholes;
G.
The applicant, owner, or operator of a large-scale energy facility shall coordinate with the County's emergency services staff to provide any specialized materials, education and/or training that may be reasonably necessary for the departments serving the property to safely respond to on-site emergencies;
H.
All equipment of a large-scale energy facility that is open to the weather shall be considered impervious surfaces and be considered as so for erosion and sediment control and stormwater management;
I.
Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the large-scale energy facility. Adherence to erosion and sediment control regulations is required. The restoration of natural vegetation in areas denuded for construction activities shall be required so long as the restored vegetation does not interfere with the operation of the large-scale energy facility or the maintenance thereof. Once the project has been established the project must maintain 100% vegetation coverage on the site, not including the location taken up by fencing, materials, or other structures incidental to the site but to include areas underneath which have access to sunlight;
J.
The applicant and/or operator of the project shall install and maintain any required screen buffer;
K.
The applicant and/or operator shall establish and maintain sufficient access to enable emergency vehicles to provide services to the large-scale solar facility and appurtenant structures;
L.
A sealed dry-waste container shall be maintained at the large-scale solar facility for the storage and disposal of any hazardous waste, including, but not limited to, damaged solar panels or equipment;
M.
All large-scale energy facilities must enter into a siting agreement per Code of Virginia, § 15.2-2316.7, with the Shenandoah County Board of Supervisors.
§ 165-173 Large-scale solar facility additional regulations.
A.
Large-scale solar facilities shall be limited to 50 acres of disturbance zone per one-mile radius of an approved an/or proposed project site's proposed disturbance zone unless an exemption is granted by the Board of Supervisors.
B.
The panels of large-scale solar facilities shall not exceed a height of 15 feet above-ground level unless otherwise permitted for an agrophotovoltaic facility.
C.
Large-scale solar facilities shall be enclosed by security fencing not less than nine feet in height on the interior of the screen buffer area. The fence shall not be topped with razor/barbed wire.
§ 165-174 Small-scale wind facility and large-scale wind facility additional regulations.
A.
A meteorological tower with anemometer and other measurement devices may be installed with the issuance of a zoning permit for the purpose of monitoring wind and other environmental conditions relevant to siting a large-scale wind facility or small-scale wind facility, used to determined how much wind power a site can be expected to generate. The zoning permit is valid for a period of one year and is renewable. The meteorological tower must be set back from all property lines a distance equal to one linear foot for every foot of height. The tower may be allowed in all zoning districts that wind energy conversion systems are allowed, except that permanent wind monitoring or meteorological towers that are part of an approved site plan shall be exempt from this requirement.
B.
Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be full-cutoff luminaries. Furthermore, unless required otherwise by the FAA, all lighting shall face the ground in order to facilitate dark skies.
C.
Color of the tower. Large-scale wind facility or small-scale wind facility towers must maintain a galvanized steel or white finish, unless FAA standards require otherwise.
D.
Evidence of height. When applying for a building and zoning permit, the applicant shall provide evidence that the proposed height of the large-scale wind facility or small-scale wind facility tower does not exceed the height recommended by the manufacturer or distributor of the system.
E.
Shadow/flicker. To the extent practicable, large-scale wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. During the site plan review, the applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses through the appropriate siting of the facility or mitigation.
F.
Automatic overspeed controls. All large-scale wind facilities shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system.
G.
The following dimensional requirements shall apply to the installation of wind energy conversion systems:
Type of Wind Energy Facility | Small Scale | Large Scale | |
|---|---|---|---|
Minimum lot size (in acres) | 0.46 (20,000 square feet) | 5 | |
From occupiable building located on same parcel2 | 0 | 1.5 | |
Minimum setback requirements (times tower height)1 | From occupiable building located on adjacent parcel2,3 | 1.5 | 2.5 |
From property lines2 | 1 | 1.5 | |
From public or private right-of-way2 | 1.5 | 1.5 | |
Maximum height from ground, including blades (in feet) | 50 | 500 | |
Minimum distance between blades and ground (in feet) | 20 | ||
Minimum distance between blades and highest point of any structure within 150 feet (in feet) | 10 |
Notes: | |
1. | Measured from the center of the wind turbine tower base to the property line, right-of-way, or nearest point on the foundation of an occupied building. |
2. | Calculated by multiplying the required setback number by the wind turbine height. |
3. | This setback proposes to reduce noise and shadow flicker impacts to any previously existing occupied buildings on adjacent properties. |