§ 9-28. Solar energy facilities.

The following shall apply to solar energy facilities:

1.

Small solar energy facilities shall be permitted in all zoning districts:

a.

Roof-mounted small solar energy facilities shall be exempt from the building height requirements for the zoning district in which they are located. These facilities shall meet the building setback requirements for the structures to which they are affixed.

b.

Ground-mounted small solar energy facilities shall meet the minimum setbacks for principal structures in the zoning districts which they are located.

2.

Large-scale solar energy facilities shall be permitted by-right when affixed to the roof of a commercial, governmental, industrial, or institutional building. These facilities shall meet the building setback requirements for the structures to which they are affixed.

3.

Ground-mounted large-scale solar energy facilities shall be permitted by-right in the I-1 zoning district and the RC-1 zoning district, and by conditional use permit in all other zoning districts.

4.

Effective on and after July 1, 2020, utility-scale solar energy facilities shall be subject to the conditional use permit process in all zoning districts.

5.

In addition to the requirements of Chapter 15.5 (site plans) and, where applicable, section 14-23 (conditional use permits) of Article 14, of Appendix B, Zoning, of the Gloucester County Code, the following documents and information must be provided for review of large- and utility-scale solar energy facilities:

a.

A narrative identifying the applicant, owner, and operator, and describing the proposed solar energy project, including: an overview of the project and its location, approximate rated capacity of the solar energy project, the approximate number, representative types and expected footprint of solar equipment to be constructed, and a description of ancillary facilities, if applicable;

b.

Project site development and landscape plans demonstrating that the solar project minimizes impacts on the visual character of an existing public right-of-way (ROW) or historic properties listed in Appendix B - Zoning, article 6, section 6-1, the Virginia Landmarks Register, or the National Register of Historic Places.

c.

A site plan meeting the requirements of Chapter 15.5 of the Gloucester County Code, including the following additional information and details:

i.

Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures.

ii.

Fencing and other methods of ensuring public safety.

iii.

Setbacks as set out below, unless otherwise prescribed by the Board of Supervisors as a condition of approval for a conditional use permit.

1.

Front, side, and rear setbacks shall be a minimum of thirty (30) feet.

2.

On a side facing a public right-of-way, the minimum setback shall be fifty (50) feet.

iv.

Buffering as required based on the visual impacts of the project- based on 9-28.5(b) or as required by the Board of Supervisors as a condition of approval for a conditional use permit. Required buffers shall be placed or preserved between the required fencing and adjoining properties and/or adjacent rights-of-way. On a side facing a public right-of-way, and where no vegetated buffer exists, required screening shall be placed within the twenty-five (25) feet closest to the perimeter of the site area.

1.

Buffer requirements may be waived when the property on which the solar energy facility is located and the adjoining property are under the same ownership; or

2.

Buffer requirements may be waived when the operator of a solar energy facility and the adjoining property owner(s) agree that no buffer is necessary, and provide an affidavit to that effect to the Zoning Administrator.

3.

For utility-scale solar energy facilities, the Zoning Administrator may require a bond or letter of credit in an amount sufficient and with conditions satisfactory to secure to the County compliance with the landscaping requirements set forth in the conditional use permit. The developer may request periodic re-review of the landscaping surety as the buffer becomes established, and may request that the landscaping surety be fully released one (1) year after all vegetation has been installed provided that all required buffer vegetation is present and in healthy condition.

d.

Additional information required by the Zoning Administrator may include: a scaled elevation view and other supporting drawings, photographs of the proposed site, landscaping and screening plan, and such additional information that may be necessary for a technical review of the proposal.

e.

Documentation of right to use property for the proposed project, to include proof of control over the land or possession of the right to use the land in the manner requested.

f.

A decommissioning plan, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars; (3) how said estimate was determined; (4) the manner in which the project will be decommissioned; and (5) a surety, in a form acceptable to the County Attorney, sufficient to cover the cost of decommissioning the solar energy facility. The complete decommissioning plan shall be submitted for review concurrent with the site plan and, for utility-scale solar energy facilities, shall be re-reviewed not less frequently than every five (5) years after initial approval; the decommissioning surety shall be updated as needed based on plan re-review.

i.

The decommissioning surety shall be posted prior to obtaining a land disturbance permit (LDP) for the project; or

ii.

In the case of a multi-phase project, a separate decommissioning surety may be submitted prior to land disturbance permitting for each individual phase of the project.

g.

For utility-scale solar energy facilities, post-land disturbance soils testing, utilizing a standardized methodology for determining soil composition, shall be required for each phase or sub-phase of development in order to formulate the proper seed mixture for the establishment of permanent ground cover at the site.

6.

The height of large- and utility-scale solar facilities shall not exceed the maximum height of other structures in the district, or shall be as approved by the Board of Supervisors as a condition of approval for a conditional use permit.

7.

For utility-scale solar energy facilities, Gloucester County may engage the services of County-contracted inspectors, as deemed appropriate by the County, to ensure compliance with applicable codes and ordinances. Developers of utility-scale solar energy facilities shall be financially responsible for all inspections necessitated by their project.

8.

Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in article 12 of the Zoning Ordinance.

(Ord. of 11-4-2015(2); Ord. of 11-8-2017(1); Ord. of 2-4-2020)

(Ord. of 11-4-2015(2); Ord. of 11-8-2017(1); Ord. of 2-4-2020)