(A) Intent of uses permitted in a SED. It is the intent of Northampton County that the Solar Energy District be used solely for generation of solar power to be connected directly to the electrical public utility grid. It is not expected to generate heavy traffic and/or noise during operation. All such uses shall be subject to approval by the Board of Supervisors through a rezoning application with a plan of development. Any uses planned as accessory uses to the principal uses shall be subject to approval by the Board of Supervisors as part of the rezoning. If the solar power system is not built to completion within two years after the SED is created, becomes unused, abandoned or vacated for more than 12 consecutive months, the Board of Supervisors shall initiate a rezoning process to eliminate the SED at that location.
(1) Uses permitted in SED.
(a) The following uses shall permitted by right in SED Floating Zones, and subject to the SED approval by the Board of Supervisors:
1. Generation of solar electrical power using photovoltaic panels.
2. Facilities to maintain, operate, manage and transmit that power to the electrical public utility grid.
(b) The uses allowed by the district in which the parcel(s) is (are) located prior to rezoning to SED may be continued in accordance with all applicable regulations set forth in this chapter or elsewhere in the Northampton County Code. Such uses are exempt from the performance standards within SED in division (A)(2) below.
(2) Performance standards within SED.
(a) The lowest surface of any panel shall be a minimum of four feet above the finished grade on which the panel is located.
(b) No stormwater discharge that causes a discharge of pollutants to or degradation of county or state waters is permitted.
(c) The entire SED, including the area underneath the solar panels, must be vegetated. Panels must be adequately spaced to ensure sufficient sunlight penetration to promote growth of vegetation. A plan must be submitted for maintenance of that vegetation, except for access roads and accessory structures.
(d) All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility.
(e) The gross usable area will exclude any wetland areas that are regulated by the Northampton County Wetlands Board or the U.S. Department of the Interior (administered by the U.S. Army Corps of Engineers). All forested areas removed during construction or operation shall be mitigated by the creation of an equal number of acres of equivalent forest.
(f) Space for any required public utility right-of-way must be allocated.
(g) The following requirements shall govern the landscaping surrounding an SED:
1. A vegetated buffer is required that consists of a landscaped strip at least 50 feet wide measured from each boundary line of the SED around the entire perimeter of the SED. Any fencing must be installed on the interior of the buffer. A recommendation that the screening and/or buffer creation requirements be waived may be made by the Planning Commission when the applicant proposes to use existing wetlands or woodlands, as long as the wetlands or woodlands are permanently protected for use as a buffer.
2. SEDs shall be landscaped and maintained with a buffer of plant materials that are mature enough to effectively screen the view, to eight feet above ground level, of the solar panels from adjacent properties all year around. A landscape berm properly prepared to accept plants, up to four feet high, may be used to assist reaching the required screening height. The screening must be fully established within five years and effectively maintained for the life of the SED. Non-invasive plant species must be used. (See www.NPS.gov National Park Service - USFWS "Plant Invaders of the Mid Atlantic Natural Areas”.)
3. Existing vegetation may be removed only as authorized during the site plan review process to permit vehicular and utility access during construction of the facility and installation of transmission power lines.
(h) Noise generated by the facility shall be limited to 60 DBA as measured at the property line except when a back-up generator is needed for maintenance. Construction on the site is exempt from this standard.
(i) Any installed lighting shall be in accordance with § 154.2.112(D), Outdoor Lighting Standards, of this chapter.
(j) If solvents are required for cleaning of solar modules, they must be biodegradable.
(k) If a water supply is required, it must be from a source no deeper than the Columbia aquifer even if a deeper source already exists within the SED.
(l) All broken or waste solar modules shall be removed from the site within 60 days of being taken out of service.
(m) Solar energy facilities, including the electrical and mechanical components, shall conform to relevant and applicable local, state and national codes.
(n) Required reporting.
1. The solar installation operator will notify the Board of Supervisors as soon as the applicant is transmitting electricity from solar panels to the electrical public utility grid.
2. The solar installation operator shall submit a report to the Northampton County Department of Planning and Zoning once a year, no later than July 1. The report shall state the current status of the installation.
3. Any change of ownership or management of the solar installation shall be reported to the Board of Supervisors within 60 days of the change.
(B) Special regulations within a SED.
(1) Setbacks. Basic setback requirements in a SED are shown in the table below.
Primary Uses | Accessory Uses | |
From Lankford Highway (US 13) | 100 ft. | 150 ft. |
From other public access roads | 60 ft. | 60 ft. |
From tidal waters and incorporated towns | 150 ft. | 200 ft. |
From SED exterior boundary line when not increased by the above | 50 ft. | 50 ft. |
(2) All setback areas must be vegetated. The vegetation must be maintained as effective soil sediment traps. The required screening buffer described above in division (A) (2) (f) shall be created within and on the interior side of the setback when it exceeds 50 feet.
(3) SED abutting US 13. Access shall not be from US 13 if access is possible from a secondary road. If no secondary road is available, US 13 access is limited to one entrance per SED, constructed to current VDOT standards.
(4) Support and maintenance buildings are accessory uses in an SED and cannot be higher than 25 feet. The roofs may be designed to accommodate additional flush mounted solar panels.
(C) Removal of abandoned solar generating equipment.
(1) A bond, whose amount shall be determined by the Director of Planning, shall be required to assure removal of an unused solar energy power generating system.
(2) Any solar energy power generating system that has not operated for a continuous period of 12 months shall be considered unused and abandoned. The owner of an unused system shall remove the entire system within six months of receipt of notice from Northampton County notifying the owner of the equipment removal requirement. Removal includes removing any underground structures or supports and electrical transmission wire. All materials must be legally removed from the site. The site shall be restored to its original condition after removal is complete.
(Ord. passed 4-12-2016)