(A)
A high impact land use operational permit is required from the Ashe County Board of Commissioners for the establishment and operation of a facility designated by this chapter as a “high impact land use.”
(B) A fee to cover the administrative costs of an application of $500 shall be paid to the Ashe County Board of Commissioners at the time of the application of the Board’s recommendation of a high impact land use operational permit is requested.
(C) The application shall include such information as may reasonably be required by the Ashe County Board of Commissioners to issue a high impact land use operational permit. The application shall contain at a minimum the following items: a description of all existing or proposed buildings or alterations; existing and proposed uses of the buildings; the exact location within a tract upon which the area of operation will be placed; conditions existing on that tract; list of names and addresses of adjacent property owners. The above list of items are not all inclusive and anything requested additionally by the Ashe County Board of Commissioners for the assistance with issuing a Permit is allowed.
(D) In the discretion of the Ashe County Board of Commissioners, there will be consultation with other county, state, and federal agencies when a report from such agency would be relevant in determining whether the applicant is able to comply with applicable laws. These contacts may include the Regional Superintendent of the Blue Ridge Parkway upon receipt of an application for a high impact land use which is to be located within a view area of the Blue Ridge Parkway (as determined by the National Park Service). Upon receipt of a written unfavorable recommendation from the Ashe County Planning Board, a state or a federal agency, that recommendation will be presented to the applicant for comment or acceptance. Upon receipt of a written recommendation from the Ashe County Planning Board, a state or a federal agency that the permit be denied, it shall be presumed that approval of the application would be a violation of the duty to protect the welfare of the citizens of Ashe County.
(E) Upon receipt of an application, the Administrator shall send written notice to adjacent property owners to advise them of the application and provide to them a summary of the ordinance provisions.
(F) A solar energy system must provide the following additional items with its application.
(1) Department of Natural Resources reply.
(2) FAA Notice of No Flight Hazard and/or application to the FAA for Notice of Criteria Tool.
(3) Preliminary site plan identifying the following:
(a) Subject property including the property lines, setback lines, and right-of-way lines.
(b) Physical features including but not limited to roads, floodplain(s) (if applicable), wetland(s) (if applicable), existing and proposed building(s), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and fencing.
(4) Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.
(5) Letter of intent with the applicable road authority that acknowledges the proposed project and a preliminary agreement with the road maintenance authority. Or certified letter with return receipt requested evidencing a good faith effort to contact the applicable road authority.
(6) Proposed product cut-sheets.
(7) Glare study report.
(8) Proof of liability insurance.
(9) Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation.
(G) The Ashe County Planning Board shall review the permit application and other relevant information, and shall instruct the Administrator to notify the applicant in writing as to action taken with respect to the permit. The notice shall be one of the following:
(1) (a) The Ashe County Planning Board has recommended that the permit application, or the proposed high impact land use, or both, failed to meet one or more of the requirements of this chapter, or that one or more of the certifications required in the permit application cannot truthfully and correctly be made. Therefore the Ashe County Planning Board recommends the application for a High Impact Land Use Operational Permit be denied by the Ashe County Board of Commissioners.
(b) The notice shall be issued no later than 90 days after receipt of a permit application, shall describe all reasons for the denial, and shall refer to specific sections of this chapter with which the application or proposed high impact land use does not comply. The applicant shall have 90 days from receipt of that written notification to comply with the unmet requirements described in the notice. The permit application shall expire at the end of that time unless the applicant has complied with all unmet requirements described in the notice.
(2) The Ashe County Board of Commissioners has determined that the application and proposed high impact land use meet all requirements of this chapter, but necessary federal and state permits have not been issued.
(3) The Ashe County Board of Commissioners determined that that all requirements of this chapter have been met and the Ashe County Planning Board recommended approval and all necessary state and federal permits have been issued to the applicant. Therefore, a high impact land use operational permit will be issued.
(H) An high impact land use operational permit shall expire and shall be invalid in the event construction of the area of operation has not begun within 12 months of the date on which the permit was issued, unless this time period is extended by the Ashe County Board of Commissioners for good cause shown. This permit shall remain valid so long as there is continued compliance with certifications contained in the application and with requirements of this chapter. No permit may be assigned or transferred by the holder to any other person without approval from the Ashe County Board of Commissioners.
(I) The Ashe County Board of Commissioners may revoke an operational permit for the following reasons, after due notice and an opportunity for the permit holder to be heard:
(1) The holder has violated one or more terms or conditions of the permit or a requirement of the chapter.
(2) The application on which issuance of the permit was based contains a material misrepresentation, either of commission or omission.
(Ord. passed 10-3-16; Am. Ord. passed 7-17-23)