Amelia County, VA Alternative Energy

The maximum height of the highest edge of photovoltaic panels shall not exceed 15 feet as measured from the finished grade.

The maximum height of other facility structures shall not exceed 15 feet. This limit shall not apply to utility poles or the interconnection to the overhead electric utility grid.

The Board of Supervisors may approve a greater height based upon the demonstration of a significant need where the impacts of increased height are mitigated.

Roof-mounted systems shall not exceed the maximum height requirements for the applicable zoning district by more than four feet.

Lighting. Lighting shall be limited to the minimum necessary and shall meet all requirements of this chapter. All construction lighting shall be downward facing.

[Amended 11-9-2022]

Utility connection. No utility-scale solar energy system shall be installed until evidence has been provided to the County that the owner has been approved by the utility company to interconnect.

Buffer zone; screening and fencing for utility-scale solar energy systems. The facilities, including security fencing that is not ornamental, shall be screened from the ground-level view of adjacent properties or a public street in the buffer zone. Screening may also be required in other locations to screen specific uses or structures. The Board of Supervisors may waive or alter the screening and/or buffer creation requirements when the applicant proposes to use existing wetlands or woodlands to satisfy the screening requirement. The wetlands or woodlands shall be permanently protected as a designated buffer and the overall buffer shall measure at least 150 feet. Screening methods may include:

[Amended 11-9-2022]

Existing screening. Existing vegetation, topography, buildings, open space, or other elements located on the site may be considered as part of the required screening. Existing trees and vegetation may be retained within the buffer area except where dead, diseased, or as necessary for development or to promote healthy growth.

Vegetative screening. In the event existing vegetation or landforms providing the screening are inadequate or disturbed, new plantings shall be provided in a landscaped strip at least 50 feet wide. Landscaping intended for screening shall consist of a combination of noninvasive species, pollinator species, and native plants, shrubs, trees, grasses, forbs, and wildflowers. Trees intended for screening shall consist of a combination of evergreen and deciduous trees that are five to six feet in height at time of planting. A triple row of trees shall be placed on average at 15 feet on center. A list of appropriate plant materials shall be available at the Planning Office. Species listed on DCR's Invasive Plant Species list shall not be used.

Berming. Berms shall generally be constructed with a 3:1 side slope to rise ratio, four to six feet above the adjacent grade, with a three-foot-wide top with appropriate pollinator-friendly native plants, shrubs, trees, forbs, and wildflowers. The outside edges of the berm shall be sculpted such that there are vertical and horizontal undulations to give variations in appearance. When completed, the berm should not have a uniform appearance like a dike.

Opaque architectural fencing. Fencing intended for screening shall be at least 75% visually solid as viewed on any line perpendicular to the fence from adjacent property or a public street. Such fencing may be used in combination with other screening methods but shall not be the primary method. A typical example is the use of wood privacy fencing and landscaping to screen structures such as substations. Depending on the location, ornamental features may be required on the fence. Fencing material shall not include plastic slats. Fencing shall be maintained in a good condition and state of repair at all times.

All buffers must be established prior to the County issuing final permits to operate the facility. In the event an existing buffer is eliminated during operation of the facility, the buffer shall be replanted during the next planting season in accordance with best practices for buffer survival. All buffer areas surrounding the solar energy facility will be inspected annually by the applicant. For any new buffers established pursuant to these conditions, any dead or diseased vegetation shall be removed and replaced during the next available planting season in accordance with best practices for buffer survival. Where existing trees and vegetation are maintained as the vegetative buffer, dead or diseased trees shall be removed, and when such removal compromises the effect of the buffer, new vegetation shall be established in its place.

Noise limits for utility-scale solar energy systems. After completion of construction, noise levels measured at the property line shall not exceed 50 dbA, unless the owner of the affected adjacent property has given written agreement to a higher level.

Signage for utility-scale solar systems. Appropriate warning signage and a 911 address sign shall be posted in a clearly visible manner. Warning signage must identify the owner and include a twenty-four-hour emergency contact phone number.

Site maintenance for utility-scale solar systems. Weed control and mowing shall be performed in accordance with an approved site management plan, including but not limited to weed control and mowing in the area around the required screening vegetation.

[Amended 11-9-2022]

Repair of panels. Panels shall be repaired or replaced when in visible disrepair. Such repairs shall also include the restoration of nonreflective finish per manufacturer specifications.

Decommissioning of utility-scale solar energy systems.

Applications for utility-scale solar energy systems shall include a decommissioning plan detailing the anticipated life of the project, the estimated decommissioning cost in current dollars, an explanation of how the cost was determined, the method of ensuring funds will be available for decommissioning, a mechanism for calculating increased removal costs due to inflation, and an explanation of the decommissioning process. The decommissioning estimate shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. Salvage value shall not be considered when determining the estimated decommissioning cost.

The full estimated decommissioning cost shall be guaranteed by escrow at a federally insured financial institution, irrevocable letter of credit, or surety bond before a building permit is issued to the applicant. The decommissioning cost guarantee shall remain valid until the solar energy system has been fully decommissioned. If the facility owner/operator fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the County may collect the bond or other surety and the County or hired third party may enter the property to physically remove the installation.

The decommissioning cost estimate shall be recalculated every three years by the owner/operator. If the recalculated estimate exceeds the original estimated decommissioning cost by 10% or more, the facility owner/operator shall increase the guarantee to meet the new cost estimate. If the recalculated estimate is less than 90% of the original estimated cost of decommissioning, the County may approve reducing the guarantee.

[Amended 11-9-2022]

Utility-scale solar energy systems which have reached the end of their useful life or have not been in active service for a period of one year shall be removed at the facility owner/operator's expense. This period may be extended by the Zoning Administrator if evidence is provided that the delay is due to circumstances beyond the facility owner/operator's reasonable control.

The facility owner/operator shall notify the Zoning Administrator by certified mail of the proposed date of discontinued operations and plans for removal.

(6)

The facility owner/operator shall have 12 months to complete decommissioning of the solar energy system.

(7)

Decommissioning shall be performed in compliance with the approved decommissioning plan and 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 uses. Disturbed earth shall be graded and reseeded unless the landowner requests in writing that the access roads or other land surface areas not be restored. Hazardous material from the property shall be disposed of in accordance with federal and state law.

Application requirements for utility-scale solar energy systems. Prior to submitting an application for a utility-scale solar energy system, applicants shall have a preapplication meeting with the Zoning Administrator or his/her designee to discuss the location, scale and nature of the proposed project and the application review process. Additionally, applicants shall hold a minimum of two community meetings prior to the first Planning Commission public hearing for the proposed project. Applicants for utility-scale solar energy systems shall provide the following items:

[Amended 11-9-2022]

A completed Amelia County special exception permit application.

A detailed project description including an overview of the project location, approximate capacity, description of proposed equipment including approximate number of panels, description of screening and fencing methods and expected footprint of solar equipment to be constructed.

Aerial imagery showing the proposed location, fenced area and driveways with the closest distance to all adjacent property lines and dwellings specified.

Seven hard copies (11 inches by 17 inches or larger) and one electronic copy of a preliminary plan prepared by a licensed professional engineer including the following (more copies shall be required for the Planning Commission and Board of Supervisors for use during their meetings):

Parcel numbers for the proposed site and adjacent properties.

Property lines.

(c)

Existing buildings and structures.

(d)

Proposed roads, buildings and structures including preliminary layout of solar panels and related equipment, fencing, driveways, internal roads, structures and the location of points of ingress/egress.

(e)

Distances from proposed structures and panels to property lines.

(f)

The location of proposed buffers and screening elements.

(g)

Location of substation and means of connecting to the substation, ancillary equipment, buildings, and structures including those within any applicable setback.

A decommissioning plan as specified above.

(6)

A land management plan that includes a detailed description of plant selections, weed control methods, routine mowing and trimming, and other general site maintenance.

(7)

Any additional items or information the County may require in order to assess compliance with this chapter.

(8)

A natural heritage and wildlife management study, consistent with the Virginia Division of Wildlife Resources Solar Energy Facility guidance that identify species and wildlife travel patterns, together with any necessary mitigation measures to ensure compatibility of the project.

(9)

Results of a comprehensive soils test performed by an independent, qualified professional within 12 months of the application being filed.

2232 Comprehensive Plan review. A 2232 review by the County is required by the Code of Virginia (§ 15.2-2232) for utility-scale solar facilities. 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.

Applicants shall have 24 months from the date of SEP approval to apply for building permits and begin construction of the facility, unless otherwise provided in the permit.

[Added 11-9-2022]

Battery storage. In addition to the above general provisions, application requirements, and development and performance standards, the following additional requirements shall be met for the approval of a battery energy storage facility:

[Added 11-9-2022]

Battery energy storage facilities shall be constructed, maintained, and operated in accordance with national industry standards and regulations including the most current adopted edition of the National Electrical Code, International Fire Code of the International Code Council, and the National Fire Protection Association Fire Code. The batteries will be NFPA (National Fire Protection Agency) complaint. In the event of a conflict between the national industry standards and these conditions, the national industry standards shall control so that, as technology advances, updated technology may be used.

Battery cells shall be placed in a battery energy storage system ("BESS") with a battery management system ("BMS"). The BESS shall provide a secondary layer of physical containment to the batteries and be equipped with cooling, ventilation, and fire suppression systems. Each individual battery shall have 24/7 automated fire detection and extinguishing technology built in. The BMS shall monitor individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access and be able to shut down the system before thermal runaway takes place.

The battery energy storage system shall be placed on an appropriate foundation and screened with vegetation outside of environmentally sensitive areas.

All battery storage facilities shall maintain a minimum of 5,000-foot setback from all public roads and property lines; however, the Board of Supervisors may approve through the special exception permit conditions that allow a battery storage facility to locate closer than 5,000 feet, but no closer than 1,000 feet from public roads and property lines, if the specific site conditions, the nature of the project and the permit conditions adequately public safety concerns and appropriately mitigate impacts of the facility on the surrounding community.

All battery storage facilities shall be completely surrounded by a berm in addition to being contained in an appropriate and approved structure.

(c)

Access to all batteries and electrical switchgear shall be from the exterior for normal operation and maintenance. Access to the container interior shall not be permitted while the system is in operation except for safety personnel and first responders.

(d)

Qualifications and experience from selected developers and integrators shall be provided including disclosure of fires or other hazards at facilities.

(e)

Safety testing and failure modes analysis data from selected developers and manufacturers shall be provided.

(f)

The latest applicable product certifications shall be provided.

(g)

The solar facility operator or owner shall be responsible for any environmental remediation required by the county or the state and the costs of such remediation. All remediation shall be completed in a timely manner.

(h)

Battery storage shall be developed in collaboration with technical experts and first responders to utilize technology-appropriate best practices for safe energy storage systems including, but not limited to, the following:

Adequate access/egress for the first responders;

Adequate facility signage (on battery chemistry and person to contact);

Accessible safety data sheets;

[4]

System-specific emergency response plans;

[5]

Training for first responders on the type of system, potential hazards and risks, and system-specific emergency response plans;

[6]

Adequate water sources and fire suppression appliances for the firefighters if required in the emergency response plans;

[7]

Signage on hazardous materials present in the vicinity;

[8]

Emergency lighting;

[9]

Separate battery modules to make it easier to isolate a failed battery from the rest;

[10]

Sufficient disconnect and shutdown capability including a master kill switch to disable and discharge batteries;

[11]

System-appropriate sensors and alarms;

[12]

Air ventilation and fire suppression systems;

[13]

Drainage for water runoff; and

[14]

Other practices as recommended by experts or local first responders.

(i)

The solar facility operator or owner shall conduct regular on-site inspections of the battery units and submit a written report to the Zoning Administrator on their condition, at least once every six months. The solar facility operator or owner shall conduct monthly inspections electronically of the battery units and submit a written report to the Zoning Administrator.

Utility-scale solar facility special exception permit conditions.

[Added 11-9-2022]

The Board of Supervisors may consider conditions addressing a proposed utility-scale solar and/or battery facility, including, but not limited to, the following:

The facility shall be constructed, maintained, and operated in substantial compliance with:

The development standards under this article.

The approved concept plan.

Any other conditions imposed pursuant to a special exception permit.

The Board of Supervisors may, in its sole discretion, by special exception permit, waive or modify requirements set out in this article for solar or battery storage facilities, based on unique site conditions if it finds that such waiver or modification promotes good land use planning and is compatible with surrounding land uses, and as long as the project still otherwise complies with applicable state law and local ordinances.

Site plan requirements. In addition to all Virginia site plan requirements and site plan requirements of the Zoning Administrator, the applicant shall provide the following plans for review and approval for the solar facility prior to the issuance of a building permit:

Construction management plan. The applicant shall prepare a "construction management plan" for each applicable site plan for the solar facility, and each plan shall address the following:

Traffic control methods (in coordination with the Virginia Department of Transportation [VDOT] prior to initiation of construction):

Lane closures.

Signage.

Flagging procedures.

Site access planning. Directing employee and delivery traffic to minimize conflicts with local traffic.

Site security. The applicant shall implement security measures prior to the commencement of construction of solar facilities on the project site.

[4]

Lighting. During construction of the solar facility, any temporary construction lighting shall be positioned downward, inward, and shielded to eliminate glare from all adjacent properties. Emergency and/or safety lighting shall be exempt from this construction lighting condition.

[5]

Water supply. In the event that on-site wells are used during construction of the solar energy facility, the applicant shall prepare and submit for review to the County hydrogeologic information necessary for the County to determine the potential impact to preexisting users for the same aquifer proposed to be used for the solar energy facility and a plan to mitigate impacts to preexisting users within the area of impact of the project. If the County, in consultation with the Department of Environmental Quality, determines that the installation of a well will not adversely affect existing users, the applicant may proceed with well construction in compliance with approval by the Department of Environmental Quality. At the end of the construction of the solar energy facility, the well shall not thereafter be used except only for personal toilet and lavatory facilities as required by the Uniform Statewide Building Code for operations and maintenance buildings.

Construction mitigation plan. The applicant shall prepare a "construction mitigation plan" for each applicable site plan for the solar facility, and each plan shall address the effective mitigation of dust, burning operations, hours of construction activity, access and road improvements, and handling of general construction complaints as set forth and described in the application materials and to the satisfaction of the Zoning Administrator. Damage to public roads related to construction activities shall be repaired as soon as possible and not postponed until construction completion. The applicant shall provide written notice to the Zoning Administrator of the plans for making such repairs, including time within which repairs will be commenced and completed, within 30 days of any written notice received from the Zoning Administrator.

Driving of posts shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday, Driving of posts shall be prohibited on state and federal holidays. The applicant may request permission from the County Administrator to conduct post driving activity on Sunday, but such permission will be granted or denied at the sole discretion of the County Administrator.

Other construction activity on-site shall be permitted Monday through Sunday in accordance with the provisions of the County's noise regulations set out in Chapter 96 (§ 96-1 et seq.) of the County's Code of Ordinances.

During construction, the setbacks may be used for staging of materials and parking. No material and equipment laydown area, construction staging area, or construction trailer shall be located within 500 feet of any property containing a residential dwelling.

[4]

Construction lighting shall be minimized and shall be directed downward.

(c)

Erosion and sediment control plan. The County may require a third-party review, at the applicant's expense, with corrections completed prior to County review and approval. The owner or operator shall construct, maintain, and operate the project in compliance with the approved plan. An E&S bond (or other security) shall be posted for the construction portion of the project. In addition to state and local requirements, the plan shall:

Clearly show existing and proposed contours; and

Note the locations and amount of topsoil to be removed (if any) and the percent of the site to be graded.

(d)

Stormwater management plan. The County may require a third-party review, at the applicant's expense, with corrections completed prior to County review and approval. The owner or operator shall construct, maintain, and operate the project in compliance with the approved plan. A stormwater control bond (or other security) shall be posted for the project for both construction and post construction as applicable and determined by the Zoning Administrator.

(e)

Landscaping plan. The applicant shall submit a final landscaping plan for review and approval by the Zoning Administrator. The owner or operator shall construct, maintain, and operate the facility in compliance with the approved plan. A separate security shall be posted for the ongoing maintenance of the project's land cover and vegetative buffers in an amount deemed sufficient by the Zoning Administrator. Failure to maintain the landscaping in accordance with the plan may result in the issuance of a notice of violation by the Zoning Administrator. The applicant (or the operator) shall promptly communicate with the Zoning Administrator within 30 days of the date of the notice of violation and submit a plan in writing satisfactory to the Zoning Administrator to remedy such violation no later than 180 days after the date of the notice of violation. Failure to remedy the violation before the end of the 180-day cure period may result in revocation of the SEP.

Ground cover shall be native vegetation where compatible with site conditions and, in all cases, shall be approved by the Zoning Administrator.

Screening vegetation shall include pollinator plants where compatible with site conditions and, in all cases, shall be approved by the Zoning Administrator.

Only EPA approved herbicides shall be used for vegetative and weed control at the solar energy facility by a licensed applicator. No herbicides shall be used within 150 feet of the location of an approved groundwater well. The applicant shall submit an herbicide land application plan prior to approval of the certificate of occupancy (or equivalent). The plan shall specify the type of herbicides to be used, the frequency of land application, the identification of approved groundwater wells, wetlands, streams, and the distances from land application areas to features such as wells, wetlands, streams and other bodies of water. The operator shall notify the County prior to application of pesticides and fertilizers. The County reserves the right to require soil and water testing.

(f)

Decommissioning and reclamation plan. The applicant shall submit a final decommissioning and reclamation plan in accordance with these regulations and in accordance with the terms of an approved siting agreement for review and approval by the Zoning Administrator.

(g)

The applicant shall reimburse the County its costs in obtaining independent third-party reviews as required by these conditions.

The design, installation, maintenance, and repair of the solar facility in accordance with the most current National Electrical Code (NFPA 70) available (2014 version or later as applicable).

If the solar facility does not apply for a building permit and substantially begin construction within 24 months of approval of the special exception permit, or such other time period as set forth in the permit conditions, the permit shall be terminated.