A solar energy generating facility – community shall comply with all of the following requirements.
(1) The developer shall comply with the County Landscape Manual, and the solar facility, including all equipment and solar panels, shall be enclosed by a fence no less than seven feet in height. In the event of a conflict between the Landscape Manual and § 17-6-504 of the Code, the provisions of § 17-6-504 of the Code shall control.
(2) The developer of a solar facility located on a scenic or historic road shall provide a viewshed analysis. The solar facility may not have an adverse impact on the scenic or historic viewshed. in this subsection, “adverse impact” means any development that directly or indirectly would alter the road’s environmental or historic setting, its visual and physical characteristics, or would diminish the integrity of the scenic or historic road.
(3) The developer shall comply with the provisions of the County Forest Conservation Act, Article 17, Title 6, Subtitle 3 of this Code, regardless of any state waiver or reduction of State forest conservation requirements for solar energy systems. Mitigation for tree removal shall be at the ratio of 3-to-1.
(4) A solar facility may not be located on or within the viewshed of a property listed on the County Inventory of Historic Resources.
(5) Except as required for safety or by applicable Federal, State, or local authority, no visible light shall emanate from the solar facility from dusk to dawn.
(6) Lot coverage may not exceed 80% of the net area of the site. Lot coverage shall be calculated as the total surface area of all solar panels, plus all impervious surfaces of any supporting or associated equipment, including support structures. Surface area of a solar panel shall be calculated based on the drip line around the perimeter of a panel at minimum tilt. Impervious surface shall be calculated as the area of the foundation or base of any component of the solar facility, including individual solar panels.
(7) A decommissioning plan shall be submitted to the Office of Planning and Zoning for approval. The plan shall include a requirement for a grading permit or standard grading plan and that all on-site equipment associated with the solar facility shall be removed within 12 months of cessation of operations. Decommissioning security in accordance with § 17-6-702 of this Code and equal to 125% of the decommissioning costs shall be posted prior to commencement of the use.
(8) The County shall review the amount of the security every five years and may require additional security or reduce the amount of the posted security if it determines, in its sole discretion, that the posted security no longer equals 125% of the decommissioning costs.
(9) A solar facility is presumed to cease operations if no power is generated by the system for a period of 12 consecutive months. The owner of the solar facility shall have 12 months after cessation of operations to dismantle and remove the solar facility. If the owner fails to dismantle or remove the solar facility as required, the County may complete the removal at the owner’s expense, and shall retain all or any part of the decommissioning security which shall become the property of the County. Any additional expense incurred by the County, or any expenses incurred for the removal of a rooftop-mounted solar facility, shall be collected pursuant to § 1-8-101 of the Code.
(10) Facilities proposed for location on properties owned or leased by the County, sanitary landfills, or reclamation areas are exempt from the requirements in subsection (6).
(11) Rooftop-mounted only facilities are not subject to the requirements of subsections (1), (3), (6), (7), and (8).
(12) A variance may not be granted for the requirements specified in this section.
(13) A facility that requires a Certificate of Public Convenience and Necessity from the State Public Service Commission is not required to comply with this section, but the conditions in this section may be the basis of any recommendation to the Public Service Commission in accordance with § 7-207 of the Public Utilities Article of the State Code.
(Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 53-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24)