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ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 3, 2012
Action Agenda
Item No. ��
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendment Schedule for August 2012 Joint Quarterly Public Hearing — Solar
Arrays
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael D. Harvey, Planner III, 245-2597
Development Ordinance Amendment Craig Benedict, Director, 245-2575
Outline Form (UDO/Zoning 2012-012)
2. Memorandum from Orange , County
Erosion Control
PURPOSE: To consider and approve the process components and schedule for a Planning
Director initiated Unified Development Ordinance (UDO) text amendment for the August 27,
2012 Quarterly Public Hearing regarding solar arrays.
BACKGROUND: Solar arrays at a large scale are relatively new technology and application.
Present regulations do not clearly address criteria that would be specific to this type of unique
use, so staff will be offering complementary standards. Please refer to Section B of Attachment
1.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline form contained within Attachment 1 and direct staff to proceed accordingly.
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COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO /Zoning-2012-012
Amendment(s) addressing the development of solar arrays
A. AMENDMENT TYPE
Mau Amendments
❑ Land Use Element Map:
From: ---
To: ---
❑ Zoning Map:
From:- --
To:---
� Other:
Text Amendments
❑ Comprehensive Plan Text:
_ _.
Section(s): .
___ __ _ __ _ ___ __.
� U DO Text:
❑UDO General Te� Changes
�UDO Development Standards
❑UDO Development Approval Processes
_ _.. . _. ___ ___
Section(s): Section 5.9 Standards for Utilities;
❑ __ _ _
- _ � ._ . .__
Other:
B. RATIONALE
1. Purpose/Mission
_ _ _ _ _ _ _ __ _ __
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has ,;
initiated a text amendment to modify existing language governing the development of ;
utilities within the County. The amendment proposal will also include the '
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development of new regulations associated with the development of solar arrays.
Recently there has been heightened interest in the development of solar arrays ';
within the County. While there is technically no land use category within the UDO '
specifically geared towards the development of a solar array, staff has determined '
that such uses would fall into the following land use designations as detailed within '
Section 5.2 Table of Permitted Uses of the UDO:
1. ACCESSORY USE: Staff would consider the erection/use of a solar array '
intended to generate energy for either direct personal consumption or as a ;
means of off-setting power usage through established programs with various :
local utility companies as a customary accessory use, permitted by right (i.e. ;
staff approval) for all developments in every zoning district.
The main caveat is that the device has to be subordinate to the principal use
on a given parcel of property and not, due to its size, dwarf the existing ;
principal use and be required to adhere to all applicable development
limitations (i.e. setbacks, impervious surface, etc.).
2. PRINCIPAL USE: Staff would consider any development of a solar array to
be permitted as a Public Utility Stations and Substations, Switching Stations,
Te/ephone Exchange, Water and Sewer Treatment Plants land use, which is a
permitted use in every zoning district subject to the review and approval of a
Class A Special Use Permit.
Existing development standards do not necessarily complement the development of
solar arrays from a landscape/buffer, setback, stormwater, impervious surface limit, ;
or height limitation standpoint. Attachment 2 of the abstract package provides ;
additional insight into the various issues impacting the development of solar arrays
within the County.
There is also no administrative procedure within the UDO that would provide staff
sufficient flexibility in addressing these issues without a comprehensive amendment :
package, except the potential of using the Conditional Use process that would create
site specific regulations for a given property mutually agreed to by the applicant and
the elected officials.
Staff has inquired with several county planning departments, as well as our !
surrounding planning partners (i.e. Town of Chapel Hill, Carrboro, Hillsborough, !
Durham County, Chatham County) about the existence of regulations governing the
development of solar arrays. In all cases staff was informed this is an issue that has
been identified as needing discussion but no formal steps had been taken to
establish regulations or approval processes.
Through this process, staff is proposing to modify Section 5.9 Standards for Utilities
of the UDO to:
• Modify and clarify existing regulations goveming the development of utilities '
within the County,
• Create new section(s) governing the development of solar arrays as
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accessory uses, and
• Create new section(s) governing the development of alternative energy
devices as a principal use of property.
Additional work may be necessary to address specific design standards for other '
alternative energy devices (i.e. wind, geothermal, etc.) as directed by the BOCC.
2. Analvsis
The amendment is necessary to address the development of solar arrays within the
County and to address existing redundancy within Section 5.9 of the UDO concerning
the development of utilities as a whole.
The analysis required by the UDO for amendments would be available prior to the
public hearing.
_ __ __ __ __ _ __ _ __ _ ___ '
3. Comprehensive Plan Linkaqe (i.e. Principles, Goals and Obiectives)
Land Use Overarchinq Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy consistent
with other Cornprehensive Plan element goals and objectives.
• Natural and Cultural Systems Goal 1: Energy conservation, sustainable :
use of non-polluting renewable energy resources, efficient use of non-
renewable energy resources and clean air.
• Objective AE-15: Foster participation in green energy programs such '
as installation incentives for solar hot water/solar generation/solar
tempering in residential or commercial construction. The County should
develop programs that will link citizens and businesses with options for
alternative and sustainable energy sources.
• Objective AG-8: Encourage the use and production of natural fuel '
alternatives to petroleum based products and pursue new types of
energy sources.
_ _ __ _
4. New Statutes and Rules
! N/A
_ __ _ _ _ __ _ _ __ _ _ _ __
C. PROCESS
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5
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
April 3, 2012 '
_ __ _ _ _ _ _ _ ___ _ _ _ .
b. Quarterly Public Hearing
August 27, 2012
c BOCC Updates/Checkpoints
_ _ __ __ __ ___.
June 2012 —Approval of legal ad
November 20, 2012 — receive Planning Board recommendation
_. __ _ _._ __.._. _ __ __._ _
d. Other
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2. PUBLIC INVOLVEMENT PROGRAM
_ _ . ___ _. _ _..__ ____ _ _ ___ _ .
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
June 6, 2012 —Ordinance Review Committee
October 3, 2012 (recommendation)
b. Advisory Boards:
Commission for the Environment
would be invited to attend the
Planning Board Ordinance Review
Committee and other public meeting
dates.
c. Local Government Review:
Courtesy Review—Town(s) of Chapel
Hill, Carrboro, Hillsborough, City of
Mebane
d. Notice Requirements
Legal advertisement will be published on August 15 and 22, 2012.
e. Outreach:
__ _ _ __ _ _ _ _ __
� General Public: Open House — Late June early July 2012. Staff is planning !
an open houses to solicit public input on the project
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❑ Small Area Plan Workgroup: ;
_ _ _ __ _ _ _ _ ___ _ !
❑ Other: '
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3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid ;
from FY2012-13 Departmental funds budgeted for this purpose. Existing Planning ';
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
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D. AMENDMENT IMPLICATIONS
_. _.
_.
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning ;
Director is required to: `cause an analysis to be made of the application and, based upon '
that analysis, prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners'.
The analysis required will be available prior to the public hearing.
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E. SPECIFIC AMENDMENT LANGUAGE
_ ____ _ _ _
__
Proposed language will be available prior to the quarterly public hearing.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
m h a rvey@co.o ra ng e.n c.us
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ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
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Erosion Control Division 131 W. Margaret Lane
(919) 245-2588 '� �: P O Box 8181
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(919) 644-3002 (FAX) �� Hillsborough,
www.co.orange.nc.us .�,, '� Aa North Carolina 27278
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MEMORANDUM
TO: Michael Harvey, Current Planning Supervisor
FROM: Terry Hackett, Stormwater Resource Officer�
DATE: March 14, 2012
SUBJECT: Stormwater Impacts from Solar Farms
COPIES: Ren ivins, Erosion Control Supervisor
Craig Benedict, Planning Director
Given the current economic conditions, land owners are looking for new, cost effective
ways to provide income from their properties. This, coupled with an increasing
awareness for sustainable practices and alternatively energy, has increased interest in
solar farms. At first glance, solar farms seem to make sense from an environmental
standpoint. They can be installed with minimal impact and provide clean, renewable
energy. However, one concern raised about solar panels is stormwater runoff.
The panels themselves are obviously impervious. Impervious surtaces generally
increase the velocity of the runoff, increasing erosion potential, while decreasing
infiltration. This can result in harmful effects on the aquatic ecosystem, and limiting
impervious surface in a watershed is one tool used to limit impacts of stormwater runoff.
However, many solar farms do not concentrate the runoff. Solar panels are often
installed so that they are movable and track the sun. This allows herbaceous plants to
grow beneath them and stormwater runoff to reach the ground where it can infiltrate.
Unfortunately, rules may not be clear. Should panels from solar farms be included in
the calculation of impervious surface? In New Jersey, the state actually passed a law in
April 2010 exempting solar panels from the calculation of impervious surface. Here in
North Carolina, it "depends."
According to Julie Ventaloro, Coordinator of the Water Supply Watershed Protection
Program for the NC Division of Water Quality, Wetlands & Stormwater Branch, solar
panels mounted so that they move with the sun are not considered impervious by the
state, provided there is no reduction in infiltration of precipitation. The state
recommends reviewing each proposed solar farm on a case by case basis, because
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Stormwater lmpacts from Solar Farms Page 2
March 14, 2012
she indicated that even some fixed solar panels could be installed that did not reduce
the infiftration of precipitation. This would mean that depending upon design, the solar
panels themselves would not be included in the impervious surface limit. This is
important since much of Orange County has low impervious surface limits used to
protect drinking water supplies.
On the other hand, this does not mean that there is no impact. Due to the amount of
clay found in most of the soils in Orange County, just about any disturbance can
compact soil. Compacted soil will have reduced infiltration and it can be difficult to
maintain vegetation. Most county soils are also highly erodible. Maintaining adequate
ground cover is paramount to reducing sedimentation.
Erosion Control/Stormwater Division staff discussed these issues and agree with the
state that from a stormwater standpoint, solar farms could be installed and that the
panels should not be considered in the impervious surFace calculations provided
infiltration is not reduced. To assure this Erosion Control/Stormwater staff recommends
the following:
1. Solar farms should not be considered agriculture and therefore exempt from
these requirements unless the power generated is strictly being used by the bona
fide farming operation only.
2. Proposed solar farms must have an approved erosion control and stormwater
plan designed by a licensed PE. The plan must be submitted to the Erosion
Control Division for review and approval.
3. Calculations must be provided that show that the infiltration of precipitation is not I
reduced, the volume of runoff is not increased and that the peak rate is not
increased between the pre and post development. If needed, structural
stormwater BMPs should be installed to meet these requirements.
4. Stormwater nutrient load requirements for new development must be met; this
includes the new Jordan/Falls Lake rule limits currently being considered for
adoption.
5. Protection of soils during installation of the panels must be provided. This may
include segregating topsoil, limiting access, minimizing vehicle traffic, etc.
6. Once the solar panels are installed, areas that were disturbed or possibly
compacted should be tilled, seeded and mulched appropriately. This may include
testing soils and providing amendments as necessary.
7. An operation and maintenance agreement must be filed which will include
periodic inspections to show that areas remain vegetated and that BMPs are
operating properly. This should be required even if no structural BMPs are
needed to meet the stormwater standards.
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