[HISTORY: Adopted by the Board of Supervisors of the County
of Page 6-28-2022. Amendments noted where applicable.]
The purpose of this chapter is to establish requirements for
construction, operation, and decommissioning of solar facilities;
to provide standards for the placement, design, construction, monitoring,
modification, and removal of solar facilities; address public safety,
minimize impacts on scenic, natural, and historic resources; and provide
adequate financial assurance for decommissioning.
This chapter shall apply to all solar facilities constructed
after the effective date of this chapter, including any physical modifications
to any existing solar energy facilities that materially alter the
type, configuration, or size of such facilities or other equipment.
When used in this chapter, the following words shall have the
following meanings:
The total acres covered by arrays of photovoltaic panels,
including spaces between panels, buildings, inverters, substation,
switchyard, battery storage, ancillary equipment, and fencing around
these items, but excluding wildlife corridors, mandated setbacks,
wetlands, and other avoided natural or cultural features outside of
the security fencing on the project site.
The aggregate cap is the maximum total acreage coverage of
utility/industrial solar facilities allowed, not a goal to be achieved.
All projects shall undergo careful consideration in the special use
permit process.
The person or entity who submits an application to the locality
for a permit under this chapter.
Equipment or devices capable of absorbing electrical energy,
storing it for a period of time and redelivering that energy after
it has been stored.
The procedure to disconnect, remove and properly dispose
of all above and underground infrastructure, equipment, facilities,
electrical components or devices, and to restore the property to prior
use or future use consistent with the Comprehensive Plan and future
zoning.
Photovoltaics incorporated into building materials, such
as shingles.
A landscape/feature/topography with sinkholes, springs and
streams that sink into subsurface caverns and conduits.
An electricity billing mechanism that credits solar energy
system owners for the electricity they add to the grid.
The person responsible for the overall operation and management
of a facility.
The person or entity who owns all or a portion of a facility.
Relating to materials and devices that absorb sunlight and
convert it directly into electricity.
The maximum capacity of a solar facility based on the sum
total of each photovoltaic system's nameplate capacity.
A plan showing all proposed improvements to the site. The
site plan shall include the location of all easements and rights-of-way
and other conditions relating to use, location, and bulk of buildings,
density of development, open space, public facilities, and such other
information as is required in applicable sections of this chapter
such as with conditional use, rezoning, or variance applications.
The entire area, including acreage coverage, setbacks, buffers,
access roads, wildlife corridors, wetlands, and other natural features
of a facility that generates electricity from sunlight.
A facility that generates electricity from sunlight primarily
for sale to a utility provider. An energy conversion system consisting
of photovoltaic panels, their support structures, and associated infrastructure,
such as but not limited to control, conversion, and transmission hardware,
and energy storage systems, occupying more than two acres of total
land area.
A facility that generates electricity from sunlight primarily
to reduce on-site consumption of utility power for agricultural, commercial
and industrial applications. Ground-mounted sites occupy less than
two acres.
A solar facility that generates electricity from sunlight
primarily to reduce on-site consumption of utility power for residential
applications that:
Either generates less than 25 kilowatts (kW) of electricity
from sunlight, consisting of one or more photovoltaic (PV) 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 produce electrical or mechanical power by means
of any combination of collecting, transferring, or converting solar-generated
energy; and
Should the use change from residential to any other use, the
definition and requirements of that use shall apply.
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 Page County 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 by right (roof-mounted
or ground-mounted) in agricultural, commercial, woodland/conservation
and industrial zoning districts to provide electricity to individual
structures, provided a site plan (as applicable) has been submitted
to Page County 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.
C.
Utility-scale solar facilities shall be permitted in industrial and
agricultural zoning districts by special use permit (SUP) only. Industrial-/utility-scale
solar facilities shall not be permitted in any other zoning district.
A.
The design and installation of all solar energy facilities shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with all fire and safety
requirements.
B.
Small- and medium-scale energy facilities shall comply with all applicable
federal, state and county regulations, ordinances and codes.
C.
All ground-mounted small- and medium-scale solar facilities shall
submit a site plan to the Zoning Administrator. The site plan for
small- and medium-scale solar facilities shall include:
(1)
A description of the subject parcel.
(2)
Property lines and setback lines. A land survey by a Virginia licensed
surveyor may be required upon request by the Zoning Administrator.
(3)
Existing and proposed buildings, improvements, and structures, including
locations of the proposed solar panels and related equipment.
(4)
The location and nature of screening elements, including vegetative
buffers, if applicable.
(5)
If applicable, the location of substations, switchyards, electrical
cabling from the solar facility systems to the substations, ancillary
equipment, buildings, and structures, including those within any applicable
setback.
D.
All rooftop-mounted solar energy facilities shall meet the requirements of the Virginia Uniform Statewide Building Code and Chapter 40 of the Page County Code.
E.
All small- or medium-scale solar energy facilities shall comply with
the following standards:
(1)
A ground-mounted solar energy facility shall be set back a minimum
of 50 feet from the property line when the adjacent parcel has an
existing residence that is located within 100 feet of the property
line. Small and medium ground-mounted solar energy facilities shall
otherwise be set back as required by the zoning district.
(2)
If the solar energy facility is ground-mounted or not flush-mounted
on a principal or accessory building, the panel height shall not exceed
15 feet.
(3)
The lowest surface of any ground-mounted panel shall be a maximum
of 10 feet above the finished grade.
(4)
All wiring not on the solar arrays shall be underground except where
necessary to connect to the public utility.
(5)
Net metering shall comply with all local, state and federal regulations.
(6)
All broken or waste solar modules and materials shall be removed
from the site within 60 days. Panels, parts, and components thereof
shall be transferred to a reclamation or repurposing facility that
specializes in recycling, reclaiming or repurposing solar facility
materials, or shall otherwise be disposed of in accordance with federal
and state law. In no event shall such materials be disposed of in
Page County, Virginia.
F.
Medium-scale solar energy facilities, when adjacent to a parcel with
an existing residence that is located within 100 feet of the proposed
panel locations, shall be screened from the ground-level view of adjacent
properties by a buffer zone at least 25 feet wide that shall be landscaped
with native and noninvasive plant materials, except to the extent
that existing vegetation or natural landforms on the site provide
such screening as determined by the Zoning Administrator. Trees shall
be a minimum of six feet in height at time of planting and in staggered
rows of 10 feet on center. In the event existing vegetation or landforms
providing the screening are disturbed, new plantings shall be provided
which accomplish the same. The effectiveness of screening shall be
maintained as the plant materials mature. Unhealthy and dead plants
shall be replaced within one year of being provided written notice
by the County of the violation.
G.
Decommissioning of small-scale solar facilities. Within six months
of being taken out of service, the property owner shall remove the
entire solar energy system, including all panels, parts, modules,
cabling, wiring, foundations, and pilings. All components shall be
disposed of pursuant to the standards set forth herein.
H.
Decommissioning of medium-scale solar facilities.
(1)
A medium-scale solar energy facility shall be deemed abandoned if
either: 1) the facility has not operated for a period of 12 consecutive
months after initially beginning operation; or 2) construction ceases
for a period of nine consecutive months after initially beginning
construction.
(2)
The property owner, or owner of the abandoned facility, if different,
shall notify the Zoning Administrator within 30 days of the facility
being abandoned and shall remove the entire solar energy system, including
all panels, parts, modules, cabling, wiring, foundations and pilings,
within six months from the date thereof.
(3)
Upon receipt of notice that the facility has been deemed abandoned
by the Zoning Administrator or his/her designee, the owner shall decommission
and remove the entire solar energy system, including all panels, parts,
modules, cabling, wiring, foundations and pilings within six months
from the date of said notice, unless an extension is granted by the
Board of Supervisors, or its designee. Such extension must be in writing
and must set forth the basis for the extension.
I.
Applicant, owner default; decommissioning by the County. If the property
owner, or their successor in interest, fails to decommission the solar
energy facility within six months of being deemed abandoned or within
12 months of being taken out of service, whichever is sooner, the
County shall have the right, but not the obligation, to commence decommissioning
activities and shall have access to the property and the rights to
the solar energy equipment and materials on the property. The property
owners, or successors, shall be responsible for reimbursing the County
for all costs and expenses of decommissioning, which shall attach
to the real estate as a tax lien until paid in full.
In addition to other requirements of the Page County Zoning
Ordinance[1] and special use permit requirements, applications for
a utility-scale solar facility shall include the following information:
A.
Preapplication meeting. In addition to the written notice requirements
set forth in § 15.2-2316.7 of the Code of Virginia, the
applicant shall schedule a preapplication meeting with Page County
to discuss the location, scale, and nature of the proposed use and
what will be expected during the process.
B.
Comprehensive plan review. A 2232 review as required by the Code
of Virginia (§ 15.2-2232) for utility-scale solar facilities
shall be completed. This Code provision provides for a review by the
Planning Commission of public utility facility proposals to determine
if their general or approximate location, character and extent are
substantially in accord with the Comprehensive Plan or part thereof.
This requirement may be waived by the Board of Supervisors pursuant
to the authority set forth in § 15.2-2232(H).
C.
Special use permit (SUP) application. A complete SUP application,
including:
(1)
Documents demonstrating the ownership of the subject parcel(s) and,
if applicable, proof that a valid land lease agreement otherwise exists.
(2)
Proof that the applicant has authorization to act upon the owner's
behalf.
(3)
A letter of commitment from the utility company who will interconnect
to the facility and a statement of line capacity before and after
interconnection.
(4)
List of all adjacent property owners, their tax map numbers, and
addresses.
(5)
A description of the current use and physical characteristics of
the subject parcels.
(6)
A description of the existing uses of nearby properties.
(7)
A narrative identifying the applicant, owner of the proposed project,
a substantive history of the owner's solar project developments,
including all previous and current solar projects, any legal challenges
or claims in which they were named or identified, and the name of
any proposed entity under which they intend to operate, if different.
The narrative shall further describe the proposed solar facility project,
including an overview of the project and its location, maximum rated
capacity of the solar facility project, the approximate number of
panels, representative types, expected footprint of solar equipment
to be constructed, and type and location of interconnection to electrical
grid.
(8)
Aerial imagery which shows the proposed location of the solar facility,
fenced area, driveways, and interconnection to the electrical grid
with the closest distance to all adjacent property lines and dwellings
along with main points of ingress/egress.
(9)
Payment of the application fee and any additional review costs, advertising,
or other required staff time.
(10)
The applicant shall consult with the Department of Wildlife
Resources and provide a written recommendation regarding wildlife
corridors.
(11)
A preliminary site plan prepared by a Virginia licensed engineer,
which shall include the following:
(a)
A description of the subject parcels.
(b)
Property lines and setback lines. A land survey by a Virginia
licensed surveyor is required.
(c)
Existing and proposed buildings and structures, including preliminary
locations of the proposed solar panels and related equipment; the
location of proposed fencing, driveways, internal roads, and structures;
and the location of points of ingress/egress.
(d)
The location and nature of proposed buffers and screening elements,
including vegetative and constructed buffers.
(e)
Existing and proposed access roads, drives, turnout locations,
and parking.
(f)
Location of substations, electrical cabling from the solar facility
systems to the substations, ancillary equipment, buildings, and structures,
including those within any applicable setback.
(g)
Twenty sets (11 inches by 17 inches or larger), one reduced
copy (8 1/2 inches by 11 inches) and one electronic copy of the
site plan, including elevations and landscape plans as required.
D.
A proposed grading plan shall be submitted with the special use permit
application, with a final grading plan to be approved prior to any
construction activity commencing on the project site.
E.
A proposed landscaping maintenance plan shall be submitted with the special use permit application which takes into account the requirements set forth in § 134-7. A final landscaping maintenance plan shall be submitted and must be approved prior to any construction activity commencing on the project site.
F.
A proposed decommissioning plan shall be submitted with the special
use permit application. A completed decommissioning plan, certified
by an engineer, shall be submitted and approved prior to, or along
with, the special use permit, detailing how the applicant proposes
to decommission the facility. The proposal shall include the following
information:
(1)
The anticipated life of the project;
(2)
A cost estimate for the decommissioning of the facility that shall
be prepared by a Virginia licensed professional engineer or contractor
who has expertise in the removal of large-scale solar facilities.
The decommissioning cost estimate shall detail the current cost in
dollars and projected costs over the life of the project without any
reduction for salvage value;
(3)
How the estimate was determined;
(4)
The manner and method of ensuring that funds will be available for
decommissioning;
(5)
The proposed methods and steps required for removal of structures,
materials, buildings, roads, cabling, electrical components, operational
equipment, and any other associated facilities at the end of the anticipated
life of the project;
(6)
Steps to restore the site to conditions prior to the commencement
of the project, including soil stabilization and revegetation (if
applicable);
(7)
Impacts, if any, on the surrounding properties when decommissioned;
and
(8)
The name and physical address of the person or entity responsible
for the decommissioning plan.
G.
The following shall also be submitted with the application for a
special use permit:
(1)
Traffic study modeling the construction and decommissioning processes.
The Virginia Department of Transportation will be responsible for
reviewing the study.
(2)
An estimated construction schedule.
(3)
An environmental inventory and impact study regarding any waterways,
wetlands, floodplains, and karst landscapes and topographies that
are adjacent to the project site, site and viewshed impacts, including
direct and indirect impacts to national and state forests, national
or state parks, wildlife management areas, conservation easements,
recreational areas, or any known historic or cultural resources within
five miles of the proposed project.
(4)
An environmental site assessment and impact study prepared by a Virginia
certified engineer experienced in karst landscapes, including, but
not limited to, site investigations and an erosion and sediment control
plan confirming that the project will not adversely affect groundwater.
(5)
A visual impact analysis demonstrating project siting and proposed
mitigation, if necessary, so that the solar facility minimizes impact
on the visual character of the County. The impact analysis shall include,
but not necessarily be limited to:
(a)
Accurate, to scale, photographic simulations showing the relationship
of the solar facility and its associated amenities and development
to its surroundings, including projected vegetative growth. The photographic
simulations shall show such views of solar structures from locations
such as property lines and roadways, as deemed necessary by the County
in order to assess the visual impact of the solar facility.
(b)
The total number of simulations and the perspectives from which
they are prepared shall be established by Page County after the preapplication
meeting.
(6)
A written safety response plan prepared in coordination with the
Director of Emergency Services of Page County, Virginia.
H.
Additional information may be required to be submitted with the application,
as determined by the Zoning Administrator, such as a scaled elevation
view of the property and other supporting drawings, photographs of
the proposed site, photo or other realistic simulations or modeling
of the proposed project from potentially sensitive locations as deemed
necessary by Page County to assess the visual impact of the project,
landscaping and screening plan, coverage map, and additional information
that may be necessary for a technical review of the proposal.
A.
The design and installation of solar energy facilities shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations and shall comply with all fire and safety
requirements.
B.
Utility-scale solar facilities shall be constructed and operated
in substantial compliance with the approved site plan, with allowances
for changes required by the Virginia Department of Environmental Quality
(DEQ) permit by rule (PBR) process. Any change related to the location
of structures or related to a change resulting in a 10% increase in
overall acreage coverage shall require the SUP to be amended.
C.
Any solar energy facility installed upon a rooftop shall meet the requirements of the Virginia Uniform Statewide Building Code and Chapter 40 of the Page County Code.
D.
For any ground-mounted solar energy facility, written approval from
the Page County Health Department is required prior to the issuance
of a building permit.
E.
If the solar facility does not receive a building permit within 24
months of approval of the special use permit, the permit shall be
terminated, unless granted an extension, in writing, by the Zoning
Administrator. Such extension shall set forth the basis for the extension.
F.
The owner/operator of a medium-scale or utility scale solar facility
shall give the County written notice of any change in ownership, operator,
or power purchase agreement within 30 days of such anticipated change.
G.
The applicant should sponsor a neighborhood meeting prior to the
scheduled public hearing with the Planning Commission to give the
community an opportunity to hear from the applicant and ask questions
regarding the proposed project.
H.
Battery energy storage systems and facilities are not authorized,
except as necessary for the operations of the site-specific solar
energy facility. If such systems are required, they shall be installed
with industry best practices, including a battery management system
(BMS) with 24/7 monitoring and automated fire suppression.
I.
Connections between two or more adjacent properties, or tracts, shall
not be permitted (no "daisy-chain" connections).
J.
Solar energy facilities size limitations:
(1)
Aggregate cap. Commencing on June 28, 2022, and continuing until
amended by the Board of Supervisors, no more than 300 acres of acreage
coverage, in aggregate, may be approved for utility-scale solar facilities.
(2)
The minimum area of a utility-scale solar facility shall be two acres.
(3)
The maximum area of a medium-scale solar facility shall be two acres.
(4)
No more than 30 acres of acreage coverage may be approved for an
individual utility-scale solar facility.
(5)
The equipment, improvements, structures, and percent of acreage coverage
of a utility-scale solar facility shall be shown on the site plan
approved by the Board as part of the special use permit. The percent
of acreage coverage shall not exceed 65% of the project site.
K.
Setbacks for a utility-scale solar facility shall be:
(1)
All aboveground infrastructure, equipment, improvements or structures,
including security fencing, shall be no less than 300 feet from property
lines with existing dwellings.
(2)
All aboveground infrastructure shall be no less than 300 feet from
all other property lines.
(3)
Setbacks are not required among and between participating landowners'
parcels, if applicable.
(4)
Transformers shall be set back 600 feet from property lines.
(5)
All equipment, improvements, or structures, including security fencing,
shall be located no closer than 1,200 feet from any primary highway
or roadway and 300 feet from any secondary highway, roadway or other
right-of-way passage.
(6)
When located adjacent to a residential zoned property, then all setbacks
shall be 600 feet from the residential zoned property lines, notwithstanding
of any other provisions set forth herein.
L.
The following location standards are intended to mitigate adverse
effects on adjoining property owners, the neighborhood, the district
and the County. Industrial-/utility-scale solar facilities shall:
(1)
Be located at least one mile from a town boundary;
(2)
Be located outside of the primary or secondary service areas around
a town (growth tiers), as expressed in the Comprehensive Plan and
in the zoning maps;
(3)
Not be located within two miles of another existing or permitted
industrial-/utility-scale solar facility, unless the combined acreage
coverage is 30 acres or less.
(4)
Locate the point of connection to the utility within one mile of
electric transmission lines.
(5)
Minimize and avoid locating on farmland in agricultural zoned properties
with soils categorized as prime farmland and farmland of statewide
importance. The acreage coverage of a solar facility shall have no
more than 50% of soils identified as prime farmland and farmland of
statewide importance. An in-depth soil analysis conducted by a third
party, approved by the County, may override this requirement if the
analysis by the National Resource and Conservation Service shows that
the specific soils to be developed are not in fact those that meet
the prime farmland or farmland of statewide importance requirements.
(6)
Be located outside forested areas as identified and defined in the
Comprehensive Plan and by a Virginia State certified forester. Forested
areas cannot be clear-cut or heavily timbered within five years of
submission of an application for an industrial-/utility-scale solar
facility.
(7)
Not be located in or within 300 feet of historic and cultural resources
as defined in the Comprehensive Plan.
M.
The maximum height of the lowest edge of the photovoltaic panels
shall be 10 feet as measured from the finished grade. The maximum
height of photovoltaic panels, primary structures, battery storage
systems and accessory buildings shall be 15 feet as measured from
the finished grade at the base of the structure to its highest point,
including appurtenances.
N.
PV solar panels and any associated equipment shall not be located
on slopes 10% or greater. Mitigation, including but not limited to
drip strips under panel arrays or row gaps, shall be required on slopes
greater than 7%. Slopes that are 15% or less may be graded to comply
with the 10% requirement. No grading to comply with the slope requirements
shall otherwise be permitted.
O.
Wetlands, waterways, floodplains and karst features, including, but
not limited to, sinkholes, shall be inventoried, delineated, and avoided,
with exception of encroachments permitted by state code and regulations.
P.
Facilities may be located on karst topography only if a site assessment
made by a Virginia certified engineer experienced in working in karst
landscapes, including, but not limited to, site investigations and
an erosion and sediment control plan, confirms that the site location
and design will not adversely affect groundwater.
Q.
For any utility scale solar facility constructed in an area in close
proximity to rivers, streams, creeks, lakes, ponds, waterways, wetlands,
or any known groundwater source, baseline water testing shall be required
prior to any clearing or construction activity and the findings shall
be reported to the County. Water testing shall be completed at the
expense of the applicant, or the owner/operator, as applicable. In
addition to the baseline testing, testing to monitor water contamination
from runoff shall be conducted every 12 months that the utility scale
solar facility remains in operation, or upon written request by the
Zoning Administrator. Criteria for testing shall be derived from,
but not limited to, information contained in equipment material safety
data sheet (MSDS), which shall be provided by the applicant/operator.
Findings may be submitted to appropriate state agencies for review
and/or enforcement in case of any violation.
R.
For any utility-scale solar facility, a baseline soil report shall
be prepared prior to any clearing or construction activity, with the
findings reported to the County. In addition to the baseline testing,
testing to monitor soil contamination shall be conducted every two
years for the duration of the permit. In addition, a final soil report
shall be prepared at the time of decommissioning. Soil testing shall
be completed at the expense of the applicant, or the owner/operator,
as applicable.
S.
Utility-scale solar facilities, including fencing, shall be significantly
screened from the ground-level view of adjacent properties by a buffer
zone at least 100 feet wide that shall be landscaped with native and
noninvasive plant materials consisting of an evergreen and deciduous
mix (as approved by County staff), except to the extent that existing
vegetation or natural landforms on the site provide such screening
as determined by Page County. Trees shall be a minimum of six feet
in height at time of planting and in staggered rows of 10 feet on
center. In the event existing vegetation or landforms providing the
screening are disturbed, new plantings shall be provided which accomplish
the same. The effectiveness of screening shall be maintained as the
plant materials mature. Unhealthy and dead plants shall be replaced
within one-year of being provided written notice by the County of
the violation.
T.
Utility-scale solar facilities shall be enclosed by security fencing
on the interior of the buffer area (not to be seen by other properties)
not less than nine feet in height. The fence shall not be topped with
razor/barbed wire. A performance bond reflecting the costs of anticipated
fence maintenance shall be posted and maintained. Failure to maintain
the security fencing shall result in revocation of the SUP and the
facility's decommissioning.
U.
For industrial-/utility-scale solar facilities, ground cover on the
site shall be pollinator-friendly native and noninvasive vegetation
and maintained in accordance with the landscaping maintenance plan
in accordance with established performance measures. A performance
bond reflecting the costs of anticipated landscaping maintenance shall
be posted and maintained. Failure to maintain the landscaping shall
result in revocation of the SUP and the facility's decommissioning.
Incorporation of noninvasive plant species that require no pesticides,
herbicides, and fertilizers or the use of pesticides and fertilizers
with low toxicity, persistence, and bioavailability is recommended.
The operator shall notify the County prior to application of pesticides
and fertilizers.
V.
Wildlife corridors.
(1)
Wildlife corridors shall be established as determined by the Virginia
Department of Wildlife Resources.
(2)
Proposed wildlife corridor(s) shall be shown on the site plan submitted
to the County and shall be a minimum of 25 feet in width. Areas between
fencing shall be kept open to allow for the movement of migratory
animals and other wildlife.
W.
The design of support buildings and related structures shall use
materials, colors, textures, screening and landscaping that will blend
the facilities to the natural setting and surrounding structures.
X.
All structures, racks and associated facilities shall have a nonreflective
finish or appearance. Solar panel arrays shall be designed to maximize
absorption and minimize glare toward adjoining properties and upward
toward aircraft. Panel arrays shall be designed and constructed in
such a way as to limit glare towards vehicles traveling on state-maintained
roads.
Y.
The owner/operator of a solar facility shall maintain the solar facility
in good condition. Such maintenance shall include, but not be limited
to, painting, structural integrity of the equipment and structures,
as applicable, and maintenance of the buffer areas and landscaping.
Site access shall be maintained to a level acceptable to the County.
Z.
The owner/operator of a utility scale solar facility shall be responsible
for the cost of maintaining the solar facility and access roads and
the cost of repairing damage to private roads occurring as a result
of construction and operation.
AA.
The owner/operator of a utility scale solar facility shall be required
to submit an incident response plan to Page County.
BB.
A utility-scale solar facility shall be designed and maintained in
compliance with standards contained in applicable local, state and
federal building codes and regulations that were in force at the time
of the permit approval.
CC.
A utility-scale solar facility shall comply with all permitting and
other requirements of the Virginia Department of Environmental Quality.
DD.
The applicant shall provide proof of adequate liability insurance
for a solar facility prior to beginning construction and before the
issuance of a zoning or building permit from Page County. The applicant
shall provide proof of said liability insurance policy upon request
by the County.
EE.
The applicant shall obtain County-approved qualified third parties
to conduct all inspections as required by the Virginia Erosion and
Sediment Control Regulations (9VAC25-840-60) and the Virginia Stormwater
Management Program Regulations (9VAC25-870-114). The applicant shall
be responsible for any and all costs associated with these inspections.
After completion of land-disturbing activities and permanent control
measures are operable, inspections shall revert back to the County
(Virginia Stormwater Management Program Authority). This third party
must hold a certificate of competence in the area of erosion and sediment
control and stormwater management issued by the Commonwealth of Virginia
State Water Control Board. All inspection reports must be submitted
to the County's program administrator within 24 hours of the
inspection via email.
FF.
Lighting fixtures as approved by the County shall be the minimum
necessary for safety and/or security purposes to protect the night
sky by facing downward and to minimize off-site glare. No facility
shall produce glare that would constitute a nuisance to the public.
Any exceptions shall be enumerated on the site plan and approved by
Page County.
GG.
No signage of any type may be placed on the solar facility other
than notices, warnings, and identification information required by
law.
HH.
All facilities must meet or exceed the standards and regulations
of the Federal Aviation Administration (FAA), State Corporation Commission
(SCC) or equivalent, and any other agency of the local, state or federal
government with the authority to regulate such facilities that are
in force at the time of the application.
II.
Knox-Boxes® and keys shall be provided
at locked entrances for emergency personnel access. Warning signage
shall be placed on high voltage electrical equipment and utility-scale
facility entrances.
JJ.
A sealed dry-waste container shall be maintained at the facility
for the storage and disposal of any hazardous waste, including, but
not limited to, damaged solar panels. Hazardous waste shall be transferred
to a reclamation or repurposing facility that specializes in recycling,
reclaiming or repurposing solar facility materials, or shall otherwise
be disposed of in accordance with federal and state law within 60
days of being taken out of service. In no event shall such materials
be disposed of in Page County. A receipt of disposal shall be submitted
to the County Administrator or their designee within 30 days of such
disposal.
KK.
Community impact assessment by a County-approved third party, including,
but not limited to, a comprehensive economic impact, agricultural
and tourism revenue, employment and taxation, shall be required and
shall assess the various project tax and revenue options, including,
but not limited to, Code of Virginia, §§ 58.1-2636,
58.1-3660, 15.2-2288.8, and 15.2-2316.6 through 15.2-2316.9.
LL.
If the solar facility is declared to be unsafe by Page County, the
facility must be brought into compliance within 14 days or the special
use permit shall be terminated, and the system shall be removed from
the property in accordance with the decommissioning plan. This time
period may be extended by the Board of Supervisors or its designee,
in writing, upon a finding of good cause.
MM.
Any third-party assessment shall be paid for by the applicant, but
the third-party assessor must be approved by Page County.
NN.
Any other condition approved by the Page County Board of Supervisors
as part of the special use permit process.
A.
A decommissioning plan shall be developed by the applicant, owner
or operator and included as part of the special use permit.
B.
A solar facility which has reached the end of the term of the special
use permit and not been granted an extension shall be deemed abandoned.
C.
A solar facility project for which on-site construction has begun,
but then ceases for a period of nine consecutive months prior to beginning
operation, shall be deemed abandoned, unless granted an extension,
in writing, by the Board of Supervisors or its designee.
D.
A solar facility that is completely inactive, or that has substantially
discontinued the delivery of electricity to a grid, for a continuous
six-month period shall be deemed abandoned, unless granted an extension,
in writing, by the Board of Supervisors or its designee.
E.
The applicant, owner of the real estate, or owner or operator of
the solar facility shall notify Page County by certified mail that
the facility is abandoned.
F.
At such time that the project is anticipated to become abandoned,
or within two years of anticipated decommissioning, whichever is earlier,
the owner, operator, or owner of the real estate shall notify the
Board of Supervisors or its designee, in writing, of the anticipated
cessation of operation.
G.
Within six months of a utility-scale solar facility being declared
abandoned by the owner, operator, or Page County, the owner or operator
shall, at its sole cost and expense, complete the decommissioning
of the utility scale solar facility in accordance with the decommissioning
plan approved by the County. This time limitation may be extended
at the request of the owner or operator, upon approval by the Board
of Supervisors.
H.
If the owner or operator fails to either notify the Board of Supervisors,
or its designee, that the utility scale solar facility has been abandoned,
or fails to decommission the abandoned utility scale solar facility,
the property owner shall conduct the decommissioning in accordance
with the plan and may use bonded resources to do so, as approved and
released by the County.
I.
Applicant, owner default; decommissioning by the County.
(1)
If the applicant, its successor, and the property owners fail to
decommission the solar energy facility within six months, the County
shall have the right, but not the obligation, to commence decommissioning
activities and shall have access to the property, access to the full
amount of the decommissioning surety, and the rights to the solar
energy equipment and materials on the property. The applicant, and
property owners, or successors, shall be responsible for reimbursing
the County for all costs and expenses of decommissioning in excess
of the decommissioning surety, and all such excess amounts shall attach
to the real estate as a tax lien until paid in full.
(2)
Any excess decommissioning surety funds shall be released to the
then owners of the property after completion of decommissioning.
(3)
Prior to the issuance of any permits, the applicant and the property
owners shall deliver a legal instrument to the County granting the
County the right to access the property and the solar energy facility
equipment and materials so the County can complete the decommissioning,
should it choose to do so, upon the applicant's and property
owners' default. Such instrument shall bind the applicant and
property owners and their successors, heirs and assigns. Nothing herein
shall limit other rights or remedies that may be available to the
County to enforce the obligations of the applicant, operator, or property
owner, including remedies under the County's zoning powers.
J.
Surety.
(1)
The estimated cost of decommissioning shall be guaranteed by the
deposit of funds, in an amount equal to the estimated cost of decommissioning,
in an escrow account at a federally insured financial institution
approved by the Board of Supervisors prior to the issuance of a building
permit from Page County.
(2)
The applicant shall deposit the required amount into the approved
escrow account before any building permit is issued to allow construction
of the solar facility.
(3)
The escrow account agreement shall prohibit the release of the escrow
funds without the written consent of the County. The County shall
consent to the release of the escrow funds upon the owner's,
operator's, or occupant's compliance with the approved decommissioning
plan. The County may approve the partial release of escrow funds as
portions of the approved decommissioning plan are performed.
(4)
The amount of funds required to be deposited in the escrow account
shall be the full amount of the estimated decommissioning cost without
regard to the possibility of salvage value.
(5)
A Virginia licensed engineer shall recalculate the estimated cost
of decommissioning every five years. If the recalculated estimated
cost of decommissioning exceeds the original estimated cost of decommissioning
by 10%, then the owner or occupant shall deposit additional funds
into the escrow account to meet the new cost estimate. If the recalculated
estimated cost of decommissioning is less than 90% of the original
estimated cost of decommissioning, then the County may approve reducing
the amount of the escrow account to the recalculated estimate of decommissioning
cost.
(6)
The County may approve alternative methods to secure the availability
of funds to pay for the decommissioning of a utility-scale solar facility,
such as a performance bond, letter of credit, or other security provided
by a company licensed, or otherwise authorized to conduct business
in Virginia and approved by the County. In the event a bond is approved
as an alternative security, such bond shall be posted prior to the
commencement of construction, and maintained thereafter, in an amount
to be reassessed every five years based on estimated decommissioning
costs. The applicant shall provide proof of such bonding after each
reassessment and shall provide a copy thereof to the County Administrator
or their designee. Following completion of decommissioning of the
utility-scale solar facility, the bond shall be released and, if the
County has called upon the bond and takes control of bond resources,
any remaining resources held by the County shall be distributed to
the property owners in proportion to their ownership interests.
K.
Decommissioning shall include removal of all solar electric systems,
buildings, cabling, electrical components, security barriers, roads,
foundations, pilings, and any other associated facilities, so that
any agricultural ground upon which the facility and/or system was
located is again tillable and suitable for agricultural or forestial
uses. The site shall be decompacted, graded and reseeded to restore
it to as natural a predevelopment condition as possible, or replanted
with seedlings to stimulate pretimber, predevelopment conditions as
indicated on the approved site plan. Any exception to site restoration,
such as leaving access roads in place or seeding instead of planting
seedlings must be requested by the landowner in writing, and this
request must be approved by the Board of Supervisors (other conditions
might be more beneficial or desirable at that time).
L.
Land disturbance activities as a result of removal of solar facilities
shall adhere to all local, state, and federal requirements.
M.
Decommissioning shall be performed in compliance with the approved
decommissioning plan. The Board of Supervisors may approve any appropriate
amendments to or modifications of the decommissioning plan.
N.
Hazardous material, panels or pieces thereof from the property shall
be transferred to a reclamation or repurposing facility that specializes
in recycling, reclaiming or repurposing solar facility materials,
or shall otherwise be disposed of in accordance with federal and state
law. In no event shall such materials be disposed of in Page County,
Virginia. A receipt of disposal shall be submitted to the County Administrator
or their designee within 60 days of such disposal.
O.
Partial decommissioning. Any reference to decommissioning shall include
the obligation to decommission all or a portion of the facility, whichever
is applicable with respect to a particular situation. If decommissioning
is triggered for a portion, but not the entire solar energy facility,
then the partial decommissioning shall be completed in accordance
with the decommissioning plan and this section for the applicable
portion of the solar energy facility.
The applicant, owner, or operator of a utility-scale solar facility
shall coordinate with the County's emergency services staff to
provide annual materials, education and/or training to the departments
serving the property with emergency services in how to safely respond
to on site emergencies. In the event specialized equipment is necessary
to safely respond to on site emergencies, the applicant, owner, or
operator shall be responsible for furnishing the County with such
equipment.
The Board of Supervisors shall consider conditions when considering
a proposed utility-scale solar facility, including, but not limited
to, the following:
A.
Maximum generating capacity of the solar facility.
B.
More restrictive criteria pertaining to location and proximity of
facility to other uses, including but not limited to, residential
uses, highways, entry corridors, scenic highways.
C.
More restrictive criteria pertaining to buffer zones and wildlife
corridors.
D.
More restrictive criteria pertaining to prime soils, soil analysis,
water analysis, and deforestation.
E.
Job fairs, hours of construction, public safety and EMS training.
F.
In addition to the minimum setbacks set forth herein, the Board shall
determine minimum setbacks required of all panels, equipment, substations,
switchyards, and other ancillary structures, any karst features, wetlands,
waterways, rivers, creeks, and streams, floodplains, property lines
of parcels with existing dwellings, and property lines of all other
property without existing dwellings. These setbacks established by
the Board do not apply to internal lot lines that are included in
the project.
If any portion of this chapter shall be declared invalid by
a competent court of law, such invalidity shall not affect the validity
of any of the remaining provisions of this chapter.
