The following provisions shall apply to a nongovernmental electric substation in the LI or GI district.
(A) An application for a nongovernmental electric substation in the LI or GI district shall include the following:
(1) A statement and full explanation of why the proposed nongovernmental electric substation is necessary and how the facility conforms to a long-range plan for expansion of service to Frederick County, if a long-range plan exists, and how it will serve the public need for adequate, reliable, and economic service.
(2) A vicinity map of appropriate scale depicting the tract of land proposed for nongovernmental electric substation development including surrounding properties and streets.
(3) Information indicating the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property.
(4) A description of the potential environmental and ecological (including water, air, wildlife, and vegetation) effect of the proposed nongovernmental electric substation on properties in the vicinity of the proposed development.
(5) A description of the potential effect of the proposed nongovernmental electric substation on the scenic, historic and recreational values and residential property values, of properties in the vicinity of the proposed development.
(6) An assessment of the impact from any electromagnetic fields to be produced by the proposed development.
(7) An assessment of safety and reliability information including planned provisions for emergency operations and shutdowns.
(8) Information as to how the applicant proposes to address the visual impact of the nongovernmental electric substation on neighboring county designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, designated heritage areas, historic sites and sites eligible for designation.
(9) A description of methods to be utilized to mitigate any negative waste disposal, air quality, visual or noise impacts associated with the development or operation of the nongovernmental electric substation.
(10) Photographs of the existing conditions of the site and area.
(11) Photo-documentation that a balloon test has taken place at the proposed site location.
(12) All applications for a nongovernmental electric substation before the Board of Appeals shall be forwarded to the Historic Preservation Commission for review and comment regarding the project's impacts on any historic district, registered historic property, parks, designated heritage area, and other historic or cultural resource.
(B) The following provisions shall apply to development of a nongovernmental electric substation in the LI and GI districts:
(1) The minimum setback from all property lines is 50 feet, except as provided in (C) below.
(2) Structures and parking are not permitted within the setback area.
(3) Screening, landscaping, and fencing of the nongovernmental electric substation shall be provided as required by the Board of Appeals.
(4) The Board of Appeals may approve an increase in the maximum height established in § 1-19-6.100, where the increased height does not have an adverse impact on properties in the vicinity of the proposed nongovernmental electric substation.
(C) The Board of Appeals may, in addition to other requirements imposed under this chapter and is hereby authorized to add to the specific requirements any additional conditions that it may deem necessary to protect adjacent properties, the general neighborhood, and its residents or workers. In accordance with this authority: where properties within the 1,000-foot radius are residentially zoned or contain residential land uses, the Board of Appeals may increase the minimum required setback to minimize adverse effects of the project on the surrounding residential properties.
(D) When approving a nongovernmental electric substation, the Board of Appeals may authorize future changes not requiring further Board of Appeals approval within a 10 year period of the initial special exception approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Board of Appeals. The site plan must show initially proposed and future buildings and structures as reasonably expected within 20 years or the foreseeable future.
(E) A reasonable effort shall be made by the applicant to contact and inform area homeowner associations and community associations of the proposed use together with an informational meeting.
(Ord. 12-23-618, 9-6-2012; Ord. 14-23-678, 11-13-2014)