A. Defined
Solar Collection System means an arrangement of panels or other solar energy devices that provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. A Solar Collection System includes freestanding or mounted devices. Solar Collection Systems are facilities that comply with the requirements of the State's net metering program under Maryland Code §7-306, COMAR 20.50.10, and COMAR 20.62, including Community Solar Energy Generating Systems, Aggregate Net Energy Metering Systems, and projects limited to a percentage of on-site energy use. A Solar Collection System larger than 2 megawatts (AC) is prohibited in the Agricultural Reserve Zone.
B. Use Standards
1. Where a Solar Collection System is allowed as a limited use, it must satisfy the following standards:
a. In the Agricultural Reserve zone, a Solar Collection System is allowed where the system produces up to 200% of annual baseline energy use on-site and must satisfy the following requirements:
i. Solar panels may encroach into a setback as allowed under Section 4.1.7.B.5.c and may exceed the maximum height as allowed under Section 4.1.7.C.3.b.
ii. Written authorization from the local utility company must be provided for a Solar Collection System that will be connected to the utility grid.
iii. Removal of trees or landscaping otherwise required or attached as a condition of approval of any plan, application, or permit for the installation or operation of a Solar Collection System is prohibited.
b. In Rural Residential, Residential, Commercial/Residential, Employment, and Industrial zones, where a Solar Collection System is allowed as a limited use, it must satisfy the following standards:
i. Systems producing 120% or less of on-site energy use
The Solar Collection System may be an accessory use under the following standards:
(a) the system produces a maximum of 120% of on-site energy use;
(b) solar panels may encroach into a setback as allowed under Section 4.1.7.B.5.C; and
(c) the panels may exceed the maximum height allowed under 4.1.7.C.3.b.
ii. Systems Producing more than 120% of on-site energy use
The Solar Collection System must satisfy the following standards:
(a) Site plan approval is required under Section 7.3.4.
(b) The site must be a minimum of 3 acres in size.
(c) The system may produce a maximum of 2 megawatts (AC).
(d) All structures must be:
(1) 20 feet in height or less;
(2) located at least 50 feet from any property line; and
(3) surrounded by a minimum 6-foot-tall fence.
(e) If a structure for a Solar Collection System is located in an area visible to an abutting residential use or a road:
(1) only solar thermal or photovoltaic panels or shingles may be used;
(2) the panels or shingles must use textured glass or an anti-reflective coating; and
(3) screening that satisfies Section 59.6.5.3.C.8 (Option A) on the sides of the facility visible from the residential use or road is required.
(f) The Solar Collection System must be removed within 12 months of the date when the use is discontinued or abandoned by the system owner or operator, or upon termination of the useful life of the system. The Solar Collection System will be presumed to be discontinued or abandoned if no electricity is generated by the system for a period of 12 continuous months.
2. A Solar Collection System may be allowed as a Conditional Use in the AR zone if it exceeds a facility rated at more than 200% of on-site energy use and is less than 2 megawatts (AC). Where a Solar Collection System is allowed as a conditional use in the AR zone, it may be permitted by the Hearing Examiner under Section 7.3.1. Conditional Use and the following standards:
a. The Solar Collection System is prohibited:
i. on soils classified by the United States Department of Agriculture as either Soil Classification Category I or Category II;
ii. in a stream buffer;
iii. on wetlands; or
iv. on slopes equal to or greater than 15%.
b. Scraping topsoil from the site is prohibited.
c. Grading and any soil removal are minimized.
d. The solar collection system is compliant with the requirements of the State's net metering program under Maryland Code §7-306, COMAR 20.50.10, and COMAR 20.62.
e. The area under the solar facility must be actively used for farming or agricultural purposes by satisfying one or more of the following requirements:
(i) designated pollinator-friendly under the Maryland Pollinator-Friendly Designation Program;
(ii) planted, managed, maintained, and used for grazing farm animals; or
(iii) planted, managed, maintained, and used for any other agrivoltaic plant material.
f. The applicant must provide evidence that the local utility company will allow the Solar Collection System to be connected to the utility grid.
g. The applicant must provide evidence that the application was submitted to the Office of Agriculture.
h. Removal of trees or landscaping otherwise required or attached as a condition of approval of any plan, application, or permit for the installation or operation of a Solar Collection System is prohibited.
i. Any tree in or on a floodplain, stream buffer, steep slope, critical habitat, contiguous forest, or historic site, and any champion tree or other exceptionally large tree is left undisturbed unless a disturbance is allowed under Section 22A-12(b)(1).
j. Except for pad areas for transformers and electrical equipment, the use of concrete is prohibited.
k. Screening that satisfies Section 59.6.5.3.C.8 (Option A) on the sides of the facility within 200 feet of any neighboring house is required; however, a fence may not be required or prohibited.
l. The Hearing Examiner's decision must consider the recommendations of the Office of Agriculture.
m. The applicant must include a calculation of the total acreage used for the Solar Collection System, including any required setbacks and all acreage within the fenced or shrubbed area.
n. The land area approved for the Conditional Use, in addition to all other Conditional Use approvals for solar facilities in the AR zone, will not exceed 1,800 acres of land.
(Legislative History: Ord. No. 18-43, § 1; Ord. No. 19-14, § 2; Ord. No. 20-01, § 4.)
Editor’s note—Ord. No. 19-14, § 3, states: Reporting. The Planning Department must prepare an impact report no later than December 31, 2023, with input from the Office of Agriculture as well as community stakeholders. The report must cover topics such as:
• assessment of different agricultural practices on land beneath panels;
• impact from installations on forests, streams, wetlands;
• impact on the ability of diverse communities to access farming or remain in farming;
• how the availability of solar has measurably impacted agriculture generally, including any measurable impacts on operations of lease or tenant farmers, including land prices;
• any measurable impact on “local food” production;
• any measurable impacts of solar provision on carbon emissions in Montgomery County and the electricity grid generally.
The impact report must recommend to the County Council whether the solar ZTA program should be contained, expanded, or discontinued based directly on any measurable and substantive impacts discovered in the report.