§ 1-19-8.403. CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION IN THE LI AND GI DISTRICTS.
   The following provisions apply to critical digital infrastructure electric substations in the LI and GI Districts:
   (A)   A critical digital infrastructure electric substation may only be constructed for the purpose of providing power to critical digital infrastructure facilities, and when a critical digital infrastructure facility has received site plan approval from the Planning Commission. An application for a critical digital infrastructure electric substation may be processed concurrently with an application for a critical digital infrastructure facility.
   (B)   A critical digital infrastructure electric substation may be connected to another electrical system within the region. Any expansion of a critical digital infrastructure electric substation for the purpose of supporting other uses or users must follow the rules, regulations, and procedures applicable to nongovernmental electric substation use.
   (C)   An application for a critical digital infrastructure electric substation must include the following:
      (1)   Information indicating the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property.
      (2)   A description of the potential environmental and ecological (including water, air, wildlife, and vegetation) effects of the proposed critical digital infrastructure electric substation on properties in the vicinity of the proposed development.
      (3)   An assessment of the impact on nearby properties from electromagnetic fields to be generated by the critical digital infrastructure electric substation.
      (4)   An assessment of safety and reliability, including provisions for emergency operations and shutdowns.
      (5)   Information as to how the applicant proposes to address the visual impact of the critical digital infrastructure electric substation on designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, designated heritage areas, historic sites and sites eligible for historic designation.
      (6)   A description of methods to be utilized to mitigate any waste disposal, air quality, visual or noise impacts associated with the development or operation of the critical digital infrastructure electric substation.
   (D)    Design requirements.
      (1)   Landscaping, screening, and buffering.
         (a)   A landscaped buffer must include a four-season visual screen resulting in multi-layered, staggered rows of overstory and understory trees and shrubs that are a mix of evergreen and deciduous vegetation, with an emphasis on species that are native to Frederick County.
         (b)   The minimum height of overstory trees within a landscape screen or buffer at planting must be a minimum of 6 feet with a minimum caliper of 2 inches. The minimum height of understory trees and shrubs at the time of planting must be 3 gallon or larger. Trees and shrubs larger than the minimum sizes listed above will be required where the minimum planting sizes will not provide adequate screening or buffering within 2 years. Vegetation used to establish a visual screen shall not be trimmed so as to stunt upward and outward growth or to otherwise limit the effectiveness of the visual screen.
         (c)   A berm, wall, or fence may be used in combination with vegetation to satisfy the screening requirement where deemed appropriate by County Staff and the Planning Commission. Walls and fences must be made of quality materials and enhance rather than detract from the beautification of the site. Walls and fences that are in public view must avoid long, undifferentiated facades and long, plain sections by including a combination of the following design elements: variations in height, step-backs or recesses, changes in material, patterns, textures, colors, or use of accent materials.
         (d)   If security fencing is proposed, vegetative screening must be placed between the fence and the public view. Fencing must be made of high quality materials. Chain-link and similar woven metal or plastic fencing shall not be used.
         (e)   If existing forest or hedgerows exist where screening or buffering is required, it must be preserved to the maximum extent practicable and supplemented with new plantings where necessary to provide the desired screening or buffering.
         (f)   All landscaping, screening, and buffering must be maintained in living condition.
         (g)   The Planning Commission may approve a modification to the landscaping, buffering, and screening standards where an alternate landscaping, buffering, and screening plan is provided that meets the purpose and intent of this section.
         (h)   Applicant must submit a landscape, buffering, and screening plan as part of the site plan application addressing the requirements and timing of plantings. Screening and buffering must be installed as early in the development process as possible. Occupancy shall not be granted if screening and buffering requirements are not installed in accordance with the approved site plan.
      (2)   Lighting, if provided, must comply with § 1-19-6.500, and light poles shall not exceed a height of 18 feet. The Planning Commission may reduce lighting height(s) where deemed appropriate by the Planning Commission.
      (3)   Noise.
         (a)   Noise will be measured with a sound level meter.
         (b)   The following table describes the maximum sound pressure level permitted from any source and measured at any adjacent property line.
 
Sound Measured To
Decibels Continuous Slow Meter Responses
Industrial uses
70
Commercial uses
64
Residential uses in any zoning district
55
Institutional uses
55
All other uses
55
 
         (c)   The following sources of noise are exempt:
            1.    Transportation vehicles not under the control of the use.
            2.   Occasionally used safety signals, warning devices, and emergency pressure relief valves.
            3.   Temporary construction activity between 7:00 a.m. and 7:00 p.m.
      (4)   Vibration. No vibration may be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the property line; nor may any vibration produce a particle velocity of 2 inches per second measured at any point beyond the property line. This provision does not apply between adjoining critical digital infrastructure uses.
      (5)   Height. The Planning Commission may approve an increase in the maximum height established in § 1-19-6.100, if it finds the increased height would not have an adverse impact on properties in the vicinity of the proposed critical digital infrastructure electric substation. For each 3-foot increase in the height above the maximum height established in § 1-19-6.100, the required front, side, and rear yards set back measurements must be increased by one additional foot.
(Bill. No. 22-05, 3-15-2022)