(A) Solar facility, Commercial shall be a floating zone which may be established within the Agricultural zone having the corresponding Comprehensive Plan land use designation. Commercial Solar facilities can play an important role by providing alternative energy sources, however because of their size, scale and intensity these commercial facilities may create adverse impacts on nearby properties and the adversely affect the rural and scenic characteristics of agricultural areas. Review and siting of these facilities through a floating zone process will maintain the purpose and protect the character of agricultural areas.
(B) Size and location.
(1) The tract or tracts of land eligible to receive the Solar Facility- Commercial District must be zoned Agriculture and have a Comprehensive Plan land use designation of agricultural/rural.
(2) The tract or tracts of land which is the subject of the floating zone application may not be contiguous to a community growth boundary as designated on the County Comprehensive Plan. (For purposes of this subsection, a property separated from a community growth boundary by a transportation or utility right of way (whether fee simple or lesser interest) is deemed to be contiguous as if such right of way did not exist.)
(3) The tract or tracts of land which is the subject of the floating zone application shall have a minimum size of 10 acres and shall not exceed 750 acres.
(4) The tract or tracts of land which is the subject of the floating zone application may not be encumbered by an Agricultural Preservation Easement, located within a Priority Preservation Area (PPA) or a Rural Legacy Area (RL) in the County Comprehensive Plan, or be located within two (2) miles of the centerline of the right-of-way of U.S. Route 15, outside the Frederick City limits from the Pennsylvania border to the Virginia border, that Route having been designated as part of the Journey Through Hallowed Ground National Heritage Area. If the tract or tracts of land subject to the floating zone application are within 2 miles of the centerline of U.S. Route 15, the application may be conditionally accepted and the applicant will have the burden to establish that the proposed project will not be visible from U.S. Route 15.
(C) Approval criteria.
(1) Approval or disapproval of an application for a Solar Facility-Commercial Floating Zone shall be determined through evaluation of the impact of the proposed project upon the adjacent and nearby properties and whether the project will be compatible with, and have no adverse effects on, surrounding properties and a viewscapes from public parks and roadways.
(2) The applicant shall establish that the site is the optimal location for a commercial solar project due to its proximity to facilities to connect the project to the grid, and that the natural features of the site and the location minimize the visual impact of the project on surrounding properties and those traveling on public roadways.
(3) The applicant shall establish that the proposed project will be compatible with the existing and customary uses on adjoining and neighboring properties and in the Agriculture zone in terms of size, scale, style and intensity.
(4) The applicant shall establish that the project will not be located on prime farmland soils as identified in the USDA Soil Survey for Frederick County.
(5) The proposed project, including all areas of disturbance, shall not exceed the lesser of 10% of the tract's or tracts' tillable acreage or 75 acres in size.
(6) A 25 foot deep buffering and screening area shall be provided along common property lines between the Solar Facility and all adjoining residentially zoned property and along all adjacent roadways. The buffering and screening area may include a combination of berms, predominantly evergreen species at least 5 feet in height at the time of planting, or fencing to be determined by the County Council based on characteristics of both the solar facility location and the surrounding neighborhood. The County Council may increase the 25 foot buffering and screening area depth based on characteristics of both the solar facility location and the surrounding neighborhood. The buffering and screening area may be located within the setback areas.
(7) Applicants must satisfy all Forest Resource Ordinance requirements and environmental regulations set forth in Article IX of the Zoning Ordinance (Chapter 1-19.)
(8) The applicant must comply with all applicable federal and state regulations, including but not limited to obtaining a certificate of public convenience and necessity from the Public Service Commission if required, and in the removal and disposal of the solar facility and all of its components.
(9) All solar facilities and panel disconnects must be mapped and registered with the Frederick County Division of Fire and Rescue Services.
(10) If for a period of 6 months, the solar facility ceases to generate electricity or is disconnected from the electric grid, the approval will terminate. The property owner shall remove the solar facility within 90 days after termination. The property owner shall ensure the solar facility removal and disposal by posting an acceptable monetary guarantee with the County on forms provided by the office of the Zoning Administrator. The guarantee shall be for an amount equal to a cost estimate approved by the Zoning Administrator for the removal and disposal of the solar facility, plus a 15% contingency. If a guarantee for the cost of removal and disposal of the solar facility is required by and provided to a state entity, the Zoning Administrator may accept documentation of the posting of the guarantee with the state entity as satisfaction of this requirement.
(11) If approval of the application is granted it may include conditions and restrictions deemed necessary to fulfill these criteria and to protect the intent of the agricultural/rural land use designation.
(D) Application and approval.
(1) Prior to submitting an application for the floating zone, the applicant shall publicize the proposed application using a block advertisement of a size acceptable to staff including a map showing the site and a one-mile radius. The applicant shall hold a meeting in the area of the proposed facility to provide information to the members of the surrounding community regarding potential impacts of the project. Written notice of the meeting shall be provided to all abutting property owners and any homeowners/ community associations within a one-mile radius of the property. Minutes of the meeting and a list of attendees shall be submitted with the floating zone application.
(2) Phase I justification and floating zone reclassification application and procedures will be the same as established in §§ 1-19-3.110.1 through 1-19-3.110.6.
(3) Phase II approval shall follow the site development plan process. If the tract or tracts of land are granted floating zone approval they may not be further subdivided.
(E) Application.
(1) The application submitted must include 15 copies of each of the following:
(a) A map of the applicant's entire holding at a convenient scale.
(b) A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property.
(c) An environmental features map of the property showing the existing surface of the land and the location of soil types and natural features such as streams, rock outcrops and wooded areas, at a minimum of 5 foot contour intervals, unless otherwise specified.
(d) A generalized overall land use plan at 1" = 100 scale, showing the type, location, acreage and density of all proposed land uses as well as the general street layout and circulation pattern.
(e) A concept plan at 1" = 50 scale showing; the location of the proposed use, size and height of all existing and proposed buildings; the location of all roads, parking lots, loading areas and access and egress drives.
(f) A phasing schedule describing the timing and sequence of development.
(g) A "glint and glare" analysis of the proposed solar facility identifying the angle and height of reflection throughout the year, and the impacts upon nearby residences, roadways, and airports.
(2) The applicant shall submit a justification statement addressing each of the approval criteria as well as the following:
(a) Relationship of uses within the project and with existing uses in the neighborhood;
(b) The timing of the construction of the project as it relates to the provision of facilities and services;
(c) A statement identifying all incidental accessory uses and activities associated with the primary use of the property including hours of operation, frequency of activity, and average number in attendance.
(Bill No. 17-07, 5-16-2017)