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HomeMy WebLinkAboutAgenda - 08-27-2012 - C3 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date:August 27, 2012 Action Agenda Item No.C.3 SUBJECT: Unified Development Ordinance Text Amendments –Solar Arrays DEPARTMENT:Planning and InspectionsPUBLIC HEARING: (Y/N)Yes ATTACHMENT(S):INFORMATION CONTACT: 1.Comprehensive Plan/Future Land Use Michael D. Harvey, Planner III 245-2597 Map and Unified Development Ordinance Craig Benedict, Director 245-2575 (UDO) Amendment Outline Form (UDO / Zoning 2012-12) 2.Proposed Amendments PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the Unified Development Ordinance (UDO) regarding the review, approval, and permitting of solar arrays. BACKGROUND: On April 3, 2012 the BOCC authorized staff to initiate text amendments related to the review and permitting of solar arrays within the County. As staff indicated during the meeting the UDO doesnot distinguish between the erection of a solar array for personal use versus the erection of an array to serve as an income generator for a property owner orapublic utility benefiting multiple structuresthroughout the region.Further, staff identified existing inconsistencies within the UDO concerning regulations governing thedevelopment of utilities that ought to be corrected. Please refer to Attachment 1for additional information. Proposal: Attachment 2 contains the proposed text amendments addressing the following: Clarifyexisting regulations governing the development of utilities, Eliminate existing inconsistencies, Create new section(s) governing the development of solar arrays as accessory uses, Create new section(s) governing the development of solar arraysdevices as a principal use of property. Proposed amendments to the UDO areshown in red-line/strike-through format with footnotes in an effort to outline staff’s rationale for specific modifications. Ordinance Review Committee (ORC) Review: The Planning Board ORC reviewed the proposed amendments at the July 11, 2012meeting. The proposed text in Attachment 2includes modifications made based on comments received at the ORC.Please refer to Section C.2 (a) of Attachment 1for a summary of the Board member’s comments. Notification Procedural Requirements:Legal ads for the public hearing were placed in a newspaper of general circulation in the County in accordance with Section 2.8.7 of the UDO. FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. RECOMMENDATION: The Planning Director recommends the Board: 1.Receive the proposed amendments as detailed in this abstract and attachments. 2.Conduct the public hearing and accept public, BOCC, and Planning Board comment on the proposed amendments. 3.Refer the matter to the Planning Board with a request that a recommendation be returned November 8, 2012 to the BOCC in time for the BOCC regular meeting. November 8, 2012 4.Adjourn thepublic hearing until in order to receive and accept the Planning Board’s recommendation and any submitted written comments . Attachment 1 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 Map Amendments Land Use Element Map: From: --- To: --- Zoning Map: From:--- To:--- Other: Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO GeneralText Changes UDO Development Standards UDO Development Approval Processes 1.Section 5.1.2 Uses Permitted as a Matter of Right; Section(s): 2.Section(s) 5.2.1 and 5.2.2 –Table of Permitted Uses; 3.Section 5.9Standards for Utilities; 4.Article 10 –Definitions Other: B.RATIONALE 1.Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified 1 Development Ordinance Amendmentsof 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 development of new regulations associated with the development of solar arrays. Through this process, staff is proposing to modify the UDO to: Modify and clarify existing regulations governing the development of utilities within the County, Create new section(s) governing the development of solar arrays as 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. During the review of proposed modifications, staff determined additional amendments would be necessary to the following Sections of the UDO: 1.Section 5.1.2 Uses Permitted as a Matter of Right; 2.Section(s) 5.2.1 and 5.2.2 –Table of Permitted Uses; 3.Article 10 –Definitions in order to properly incorporate proposed revisions. 2.Analysis 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 Usesof 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. Themain caveat is that the device hasto 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 wouldconsider any development of a solar array to be permitted as a Public Utility Stations and Substations, Switching Stations, Telephone Exchange, Water and Sewer Treatment Plantsland use, which is a permitted use in every zoning district subject to the review and approval of a Class A Special Use Permit . 2 Existing development standards do not necessarily complement the development of solar arraysfrom a landscape/buffer, setback, stormwater, impervious surface limit, orheight limitation standpoint. There is also no administrative procedure within the UDOthat 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 of 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 that this is an issue that has been identified as needing discussion but no formal steps had been taken to establish regulations or approval processes. The amendments arenecessary to address the development of solar arrayswithin the county and to address existing redundancy within the UDO concerning the development of utilities as a whole. 3.Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Overarching 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 Comprehensive 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 3 C.PROCESS 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 2.PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements a.Planning Board Review: July 11, 2012 –Ordinance Review Committee(ORC). The ORC met on July 11, 2012 to review this item. A summary of the comments made during the meeting is as follows: 1.The proposed amendment should include language requiring detailed information on the location of battery storage areas for a solar array to ensure local fire departments and emergency responders are aware where they are when responding to an emergency. Staff Comment: Suggestion was incorporated. 2.A question was posed if existing language was too nebulous with respect to what constitutes glare. Staff Comment: There is an existing definition of ‘glare’ within Article 10 of the UDO that will be modified as part of this amendment proposal to address the concern.The modification will add language related to the reflection of light from an array or a glass surface as well as a lighting source. 3.A question was asked if the proposed 15 foot height limit was reasonable. Staff Comment: Both staff and Planning Board member Pete 4 Hallenbeck, who has a solar array on his property, indicated the height limitation was acceptable. 4.Several comments were made about the proposed land use buffers for a large-scale solar array project. Board members indicated 50feet may be too extreme and that a smaller buffer may be more appropriate. Staff indicated this can be a point of discussion during the public hearing. It should be noted that during a meeting with members of the Commission for the Environment a similar concern was expressed. 5.Board members indicated an array should be allowed anywhere on a parcel of property so long as it meets setback requirements. Board members expressed concern over staff’s proposal to limit the erection of arrays to side and rear yard areas. Staff Comment: Section 5.5.1 of the UDO indicates accessory uses shall not be located in ‘any required front open space’. Staff was merely looking to treat a solar array the same as other accessory uses. Staff is looking for direction from the BOCC with respect to this issue. It should be noted that members of the Commissioner for the Environment expressed a similar concern. If the BOCC determines that solar arrays ought to be allowed within the required front open space, Section 5.5.1 (a) will need to be amended to eliminate the potential conflict. 6.Concern was expressed over proposed regulations over the total amount of electricity that can be generated by a solar array. Staff Comment: Staff is attempting to establish a permitting threshold for various array projects. To address this concern, and after consultation with the director, staff modified the proposal as follows: Proposed limits for accessory solar arraysfor residential land uses will remain as originally proposed, Proposed limits for non-residential land uses will be modified to allow for power generation to match anticipated need for the given development. What staff wanted to do was address the Board’s concern that an industry that needed 100 kilowatts to operate could erect an array that would meet that need. Staff did not want to propose a limit that would, in effect, eliminate the possibility of a non-residential land use becoming self sustaining, As originally proposed there were only 2 processes, site plan and a Class A Special Use Permit process. The revised 5 ordinance now allows for an array under 100 kilowatts to be reviewed and approved under a Class B Special Use Permitting process. September 5, 2012 or October 3, 2012 (recommendation) b.Advisory Boards: Commission for the Environment Staff attended the August 13, 2012 would be invited to attend the Commission for the Environment Planning Board Ordinance Review meeting to review the proposal. Committee and other public meeting dates.The general consensus was that arrays should be allowed anywhere on a given parcel where the structure will meet applicable setback requirements. Further, members expressed an interest in seeing the recommended land use buffer reduced. c.Local Government Review: Courtesy Review –Town(s) of Chapel Courtesy review requests were Hill, Carrboro, Hillsborough, City of made. Mebane d.Notice Requirements Legal advertisement will be published on August 15 and 22, 2012. e.Outreach: General Public: Small Area Plan Workgroup: Other: 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 FY2012-13Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D.AMENDMENT IMPLICATIONS 6 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’. As previously indicated herein, the amendments are necessary to address the development of solar arrays within the county and to address existing redundancy within the UDO concerning the development of utilities as a whole. The approval of this amendment will make it easier for residential and non-residential property owners to install solar arrays to supplement their electricity usage, making them more carbon neutral, while requiring developers of large-scale arrays to provide sufficient detail demonstrating the project is consistent with the goals and policies of the Comprehensive Plan. E.SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 2 Primary Staff Contact: Michael D. Harvey Planning (919) 245-2597 mharvey@co.orange.nc.us 7 ARTICLE 5: USES SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Table of Permitted Uses. 5.1.1 Prohibited Uses Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section 5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are prohibited and shall not be established within that district. 5.1.2 Uses Permitted As a Matter of Right Within all districts the following uses are permitted as a matter of right: Above ground and buried utility lines for local distribution of electricity, telephone, and (A) cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. Cabinetized telephone and/or fiber optic equipment associated with the local distribution (B) of services. Setbacks from the right-of-way for such equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials. Bona fide farms. (C) Buildings and other temporary structures used in connection with the construction of a (D) 1 permanent building. (See Section 5.4.4) Neighborhood utility facilities located within a public right of way with the permission of (E) the owner of the right of way (State, City or Town). Off street parking as a required accessory use to a permitted use. (F) Public and private streets and roads. Railroad rights of way. (G) Water and sanitary sewer lines, gas and liquid fuel distribution lines. (H) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator (I) 2 stations, water and sanitary sewer pumping stations. (See Section 5.9.1) Electrical substations, switching and metering stations and associated transmission lines, (J) where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2). Solid waste collection facilities owned and operated by a public agency for the purpose of (K) 3 disposal of household waste by Orange County residents. (See Section 5.11.1) Borrow pits (including reclamation by landfilling) associated with a State or Federal (L) highway project. (See Section 5.12.1). 5.1.3 Special Uses It is the intention of the Board of County Commissioners to create, and from time to time (A) amend, a list of Special Uses within the Table of Permitted Uses which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. 1 This section of the UDO provides reference to various sections where standards governing the development of the denoted land use are contained. Staff is adding the appropriate reference to this particular use 2 . Staff is providing the appropriate section reference where development standards are located for this particular use 3 Again, staff is providing the appropriate reference Page 5-1 Orange County, North Carolina – Unified Development Ordinance 10 i I ARTICLE 5: USES Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Table of Permitted Uses. I 5.1.1 Prohibited Uses Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section 5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are prohibited and shall not be established within that district. 5.1.2 Uses Permitted As a Matter of Right Within all districts the following uses are permitted as a matter of right: (A) Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. (B) Cabinetized telephone and/or fiber optic equipment associated with the local distribution of services. Setbacks from the right-of-way for such equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials. i (C) Bona fide farms. (D) Buildings and other temporary structures used in connection with the construction of a permanent building.(See Section 5.4.4) ' i (E) Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way(State, City or Town). (F) Off street parking as a required accessory use to a permitted use. (G) Public and private streets and roads. Railroad rights of way. (H) Water and sanitary sewer lines, gas and liquid fuel distribution lines. (1) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See Section 5.9.1)2 (J) Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2). (K) Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Section 5.11.1) 3 (L) Borrow pits (including reclamation by landfilling) associated with a State or Federal highway project. (See Section 5.12.1). 5.1.3 Special Uses (A) It is the intention of the Board of County Commissioners to create, and from time to time amend, a list of Special Uses within the Table of Permitted Uses which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. 'This section of the UDO provides reference to various sections where standards governing the development of the denoted land use are contained. Staff is adding the appropriate reference to this particular use Z. 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Access points shall separate student drop-off areas and visitor parking from bus traffic. C. If school buses are used, then at least one access shall be limited to school employee and bus use during normal school hours. d. All access points shall be located to provide maximum visibility and safety. e. No driveway shall be permitted in a location that will hinder or congest traffic movement on a public street. • •: STANDARDS FOR UTILITIES 5.9.1 Telephone Exchanges(without business offices), subscriber loop huts, pressure regulator stations,water and sanitary sewer pumping stations (A) General Standards (1) The design of structures shall conform as closely as possible to the character of the area in which it is located. (2) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. (3) All buildings and structures shall be landscaped and screened according to the standards that follow: (a) Buildings and structures which resemble residential accessory structures must be landscaped and maintained in the character of a residential area. (b) Any outside storage areas must be fenced with a minimum five foot fence and the area screened from adjacent property according to the standards in this section. (c) Lighting in and around these facilities shall be constructed and shielded so as not to shine directly on adjoining property used for or zoned for residential purposes. Electrical and telephone service to the structure shall be placed underground. Types of lighting to be considered shall include, but not be limited to, indoor lights when visible through windows, outdoor lighting, automobile headlights and signs. Devices to shield lighting may include shades,fences, shrubs,trees and natural conditions. (d) Parking areas and driveways used in connection with facilities constructed pursuant to this Section shall either be surfaced or shall be located and maintained in a condition so that dust and dirt will not settle on adjoining properties as a result of their use. Driveway entrances shall be located in a manner that will create as few additional traffic hazards as possible. (e) Screening Orange County, North Carolina—Unified Development Ordinance Page 5-72 18 Article 5: Uses Section 5.9:Standards for Utilities (i) Buildings, structures, equipment or material shall be screened by either a durable masonry wall, or a fence, or by natural planting, designed to be compatible with the character of adjoining properties, in order to materially screen the uses within the subject property from the view of adjacent properties. (ii) Screening shall be required along any portion of the perimeter of the parcel, easement, or leasehold located adjacent to property zoned for residential use, except where such property is owned or leased by a utility, and used by the utility for public utility purposes. (iii) Where screening is required, walls and fences shall be at least five feet in height, but need not be greater than seven feet in height, measured from the ground along the common lot line of adjoining properties. Walls and fences shall be constructed and maintained in a safe and sound condition. (iv) Where natural planting is used as screening, a strip of land at least ten feet in width shall be reserved for this purpose. The planting strip shall be composed of an arrangement of shrubs and trees. The shrubs shall be evergreen and shall be arranged in two rows as minimum and planted at an initial height of at least three feet, with distance between shrubs being not more than five feet. The shrubs shall be of such variety that an average height of at least six feet could be expected as normal growth within no more than two years from the time of planting. Trees, which may be eight evergreen or deciduous, shall augment the arrangement of shrubs so that there will be a screening effect of opacity to materially screen the use within the subject property from the view of adjacent properties. (4) The minimum required lot area for such uses shall be 5,000 square feet. The facility shall be located on a parcel or easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. (5) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. 5.9.2 Electrical Substations, Switching and Metering Stations,and Associated Transmission Lines, Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv) (A) General Standards (1) Perimeter fencing and setbacks for the utility structure shall be provided in accordance with the National Electrical Safety Code. (2) The components of the facility, including but not limited to towers, transformers, circuit breakers, metering devices, and supporting latticework, shall be contained within a geometric area not to exceed 12,000 square feet. (3) The facility shall be located on a parcel or easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. (4) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. Orange County, North Carolina—Unified Development Ordinance Page 5-73 Article 5: Uses 19 Section 5.9:Standards for Utilities (5) A Type E L °^d �Land Use9 Buffer shall be provided along any portion of the perimeter of the parcel, easement, or leasehold located adjacent to property zoned for residential use, except where such property is owned, leased or consists of other utility easements currently used for electrical distribution or transmission purposes or no other purposes. (6) Existing vegetation within an easement, leasehold or parcel of a public utility may be used to satisfy the landscaping requirements. (7) Modification to or replacement of existing facilities shall be subject to the requirements set forth in this Section. Pre existing facilities may remain during construction of replacement facilities, but shall be dismantled after the replacement facility is in operation. (8) The parcel or easement across the parcel, (whether owned or leased by the utility) on which the facility is located shall contain a minimum area of 5000 square feet. (9) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $ 500,000.00 per occurrence 5.9.3 Public Utility Stations and Substations, Including Electric Substations, Metering,and Switching Stations Receiving More Than 100 Kilovolts(kv) of Electricity,Water Treatment, Sewage Treatment Plant, Telephone Exchanges (A) Standards for Class A Special Use Permits (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing all existing or proposed buildings, storage areas, parking and access areas,topography at a contour interval of five feet, any officially designated floodplains or alluvial soils. (b) Plans and elevations for all proposed structures and descriptions of the color and nature of all exterior materials. (c) Landscape Plan, at the same scale as the site plan, showing existing and proposed trees, shrubs, ground cover and other landscape material. (2) Standards of Evaluation (a) Perimeter fencing and setbacks for the utility structure shall be provided in accordance with the National Electrical Safety Code. (b) The facility shall be located on a parcel or an easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. (c) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. fa}(d) Where a building is involved and it is proposed to be located in a residentially zoned district, it shall have the appearance suitable for a residential district, or it shall be screened from adjacent residential land. 9 Staff is changing the wording to reflect the actual term utilized in Article 6,where required land use buffers are established. 10 There is no mention of proof of liability insurance for major utilities. Staff is proposing to add such a provision. "Proposed subsections(a),(b)and(c)are required for the small public utility land use category. Staff does not believe the original intent of the Ordinance was to eliminate these requirements from the larger,more intensive, public utility land use category. The standards will apply here as well. Orange County,North Carolina—Unified Development Ordinance Page 5-74 20 Article 5: Uses � Section 5.9:Standards for Utilities Mb g) Where buildings are set back from road rights of way or from private property lines by a distance of 200 feet, screening for the building will not be required. (f) A clearly visible voltage warning sign shall be placed at the base of all I pad-mounted transformers and substations. (a) A Type E Land Use Buffer shall be provided along any portion of the j perimeter of the parcel easement area or leasehold area located adjacent to property zoned or utilized for residential use except where such property is currently used for electrical distribution or transmission purposes. Existing vegetation may be used to satisfy the landscaping requirements. (h) The applicant shall submit proof of liability insurance covering bodily Jury and property damage demonstrating a minimum coverage limit of$ 500.000.00 per occurrence residentially developed areas. i (d} i) The site is of adequate size for the sewage disposal system proposed and for the proposed use. 5.9.4 Elevated Water Storage Tanks (A) Standards for Class B Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing the following: (i) Location and size of all existing and proposed structures, (ii) Existing and proposed topography at a contour interval of five feet and (iii) Any officially designated floodways and floodplains, or the presence of alluvial soils. (b) Plans and elevations for all proposed structures and descriptions of the color and nature of all exterior material. (c) A Landscape Plan, at the same scale as the site plan, showing existing and proposed trees, plus shrubs, ground cover and other landscape materials. (2) Standards of Evaluation (a) Adequate provision has been made, by means of fencing or otherwise, for the security of the site, including the provision of a gate at the access entrance of access roads leading to such facilities. (b) A minimum lot size shall be adequate for the proposed use. 12 There was no real mention of landscape requirements for the intensive public utility land use category. Staff is amending the existing standards to ensure proper reference to the required perimeter landscaped area for such projects to ensure compliance with other provisions of the UDO. There may need,however,to be a re-evaluation as to the necessary width of the required landscape area as this amendment is discussed. 13 There is no mention of proof of liability insurance for major utilities. Staff is proposing to add such a provision. Orange County, North Carolina—Unified Development Ordinance Page 5-75 Article 5: Uses 21 Section 5.9:Standards for Utilities (c) Adequate provision has been made for the protection of adjacent property from the dangers of collapse, fire,flooding or other menaces to public health and safety. (G) —The applicant shall submit proof of liability insurance covering bodily iniury and property damage demonstrating a minimum coverage limit of$ 500,000.00 per occurrence. 5.9.5 Electric, Gas and Liquid Fuel Transmission Lines (A) Standards for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing the following: (i) All existing and proposed structures within the site of the line, (ii) All existing structures within 50 feet of the boundaries of the site, and (iii) Officially designated floodways and floodplains. (b) A plan of erosion and sediment controls for the site. (c) Typical cross sections for the installation showing elevation of all structures and existing and proposed topography. (d) Plans and elevations of all proposed structures and descriptions of the color and nature of all exterior materials. (e) Certification by the applicant that it is a public utility and a statement that the proposed installation is necessary to accomplish its public utility function and that public convenience and necessity will be served by the proposed installation. (2) Standards of Evaluation (a) Adequate provision has been made to protect adjacent property from the dangers of explosion, rupture, collapse, fire or other menaces to public health and safety. (b) The public convenience and necessity shall be served by this proposed installation, if installed as proposed. (G)—The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of$ 500,000.00 per occurrence. 5.9.6 Solar Array (A) Standards for Accessory Use (1) General Standards Residential and non-residential land uses shall be allowed to develop onsite solar arrays as a customary accessory use subject to submittal of a professionally Prepared site plan in accordance with Section 2.5, demonstrating compliance with applicable standards as well as the following: (a) Nothing detailed herein shall be construed as the County mandating or requiring property owners adjacent, or in close proximity, to a parcel Orange County,North Carolina—Unified Development Ordinance Page 5-76 i 22 , Article 5: Uses Section 5.9:Standards for Utilities I where a solar array is being erected to manage, remove or otherwise alter foliage to guarantee solar access to a proposed array.�— (b) Capacity. Volume, and Area Limits j Solar Arrays whether building or around mounted, shall conform to the following limits: Residential a. Have a rated capacity of less than or equal to ten kilowatts (for electricity);or b. Have a rated storage volume of less than or equal to 240 gallons (for heated water);or j C. Have a collector area of less than or equal to 1,000 square feet(for thermal), (ii) Non-residential a. Limits shall be based on the average electricity, storage volume, and thermal collector area necessary to support the needs of the proposed facility, i (c) Device(s) shall provide power for the principal use of the property on which it is located and shall not be installed and/or used solely for income generation purposes where power is sold either to a utility provider or other similar third party entity. This provision shall be in no way construed as limiting the ability of the property owner to: (i) Transfer or sell excessive power generated onsite back to the utility provider or other third party entity or (ii) Receive credit from a local utility provider for the power generated onsite as a means to offset utility bills.i (d) The property owner shall provide the County with written authorization from the local utility company acknowledging and approving the utility connection. (e) The site plan shall denote the location of any batteries or other similar storage devices onsite. (f) Panels shall be designed and oriented on the property such that concentrated solar radiation or glare shall not be directed onto nearby properties or road rights-of-way, or otherwise create a safety hazard. , is Staff added this statement in an effort to address some concern that,by adopting these standards,the County would in effect be proactively requiring adjacent property owners to eliminate foliage in order to ensure access to a solar array. From my standpoint the sole purpose of this amendment is to allow those individuals inclined to erect I alternative energy devices on their property an opportunity to do so without necessarily impacting adjacent land owners. i 15 In development subsection b i staff reviewed standard utility deals with private citizens on what is typically Y erected in a residential and non-residential setting. This included reviewing the matter with private citizens who have installed alternative energy devices on their property and a discussion on the typical limitations imposed with respect to the ultimate power generated on-site. 16 Limits on non-residential capacity were modified to address a Planning Board concern over different uses having different minimum power needs. As a result,capacity will be decided on a case by case basis. "Staff added the regulation to prevent the erection of solar arrays solely for the purpose of income generation, especially on residentially zoned property. us This provision was added to ensure emergency responders are aware of the location of batteries or other storage devices on-site in the event of an emergency. Orange County,North Carolina—Unified Development Ordinance Page 5-77 j Article 5: Uses 23 Section 5.9:Standards for Utilities (g) As part of the site plan submittal, the applicant shall be reauired to submit documentation detailinq that the proposed array will not impact the existing land use or alter any condition imposed as part of a previous approval. (h) All mechanical equipment associated with, and necessary for, the operation of the array shall comply with the following: (i) Mechanical equipment shall be screened from any adjacent property. (ii) This screen area shall be composed of: a. A landscaped area a minimum of five feet in width composed of shrubbery, trees, or other non-invasive plant species achieving a minimum height of five feet at maturity, and installed in accordance with Section 6.8. ; or b. A five foot tall privacy fence. NO Mechanical equipment shall not be located within the required setback areas for the underlying zoning district as detailed within Article 3 or within required landscaped areas as required under Section 6.8. (i) Before commencement of earth disturbing activities, the property owner must acknowledge that he/she is the responsible party for owning and ensuring the perpetual maintenance of the solar array. In cases where a solar array has not been in operation for a period of six months, is defective, or is deemed to be unsafe the owner shall be required to either repair or remove the system at their expense. (2) Standards for Building Mounted Devices: (a) An array may be mounted on the roof of a principal or an accessory structure located on the property. (b) The array shall be viewed as an extension of the roof structure and, as a result, shall not exceed the maximum buildinq height detailed within Article 3 for the underlying zoninq district where the property is located. (C) As part of the building permit review process, structural engineering shall be provided demonstrating the roof can support the weight of the proposed array. (3) Standards for Ground Mounted Devices: (a) Ground mounted system shall not exceed a maximum height of 15 feet from finished grade. (b) The surface area of a ground mounted system, regardless of the mounted angle, shall be calculated as part of the overall impervious surface area for the parcel in accordance with the provisions of Section 4.2. (c) Arrays shall only be permitted within the side and rear portions of a Property. 19 There is some concern among Planning Board and Commissioner for the Environment members that a 15 foot height limit is too small,specifically this would limit the angle of the array to a point where it might not be able to function properly. Staff believes the proposed height limit is sufficient and would allow for the erection of an array that would be able to function properly. Orange County,North Carolina—Unified Development Ordinance Page 5-78 24 Article 5: Uses Section 5.9:Standards for Utilities (d) Arrays shall observe the principal setback requirements of the underlying zoning district where the property is located as detailed within Article 3. In the case of an array erected on a non-residentially zoned property, the array shall not be located within any required setback, landscape, or li buffer area. (e) If a ground mounted array is removed any earth disturbance shall be graded and reseeded within 60 days. I I I (B) Standards for Solar Array—Large Facility(Class B Special Use Permit) 1- (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (d}(a) A site plan showing all existing or proposed buildings storage areas,j parking and access areas topography at a contour interval of five feet, any officially designated floodplains or alluvial soils. (b) An assessment of the power needs for all structures on the property and the anticipated power generated by the proposed array. (c) The proposed arrays distance from all structures located on the property. l (d) Plans and elevations for all proposed structures and arrays as well as descriptions of the color and nature of all exterior materials. (e) Landscape Plan at the same scale as the site plan, showing existing and proposed trees shrubs ground cover and other landscape material i (f) A soils report denoting the types of soil on the property including detail on the compaction necessary to support the proposed development.j (2) Standards of Evaluation (*La)) The proposed array shall not require the alteration of existing land use(s) to accommodate development. I (b) All on-site utility and transmission lines shall, to the extent feasible, be placed underground. j (C) The height of proposed arrays and support structures shall not exceed the height requirements of the underlying zoning district where the property is located as detailed within Article 3. (d) Individual arrays/solar panels shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. (e) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (f) All mechanical equipment including any structure for batteries or storage cells shall be completely enclosed by a minimum eight (8) foot high fence with a self-locking gate, and provided with screening in accordance with the provisions of Section 6.8. I 20 Section 5.5.1 of the UDO limits the location of other accessory structures and uses by prohibiting them within the front open space of a given parcel of property. Staff is requiring the same standard for solar arrays. Both members of the Planning Board and the Commission for the Environment would prefer to allow arrays anywhere on a property where they comply with established setbacks. Orange County,North Carolina—Unified Development Ordinance Page 5-79 Article 5: Uses 25 Section 5.9:Standards for Utilities (g) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of$ 500.000.00 per occurrence. (h) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the parcel, easement, or leasehold area located adjacent to Property zoned, or otherwise utilized for, residential use except where such property is owned, leased or consists of other utility easements currently used for electrical distribution or transmission purposes. Existing vegetation may be used to satisfy the landscaping requirements. (C) Standards for Solar Array—Public Utility(Class A Special Use Permit) (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing all existing or proposed buildings, storage areas, parking and access areas, topography at a contour interval of five feet, any officially designated floodplains or alluvial soils. (b) Plans and elevations for all proposed structures and arrays as well as descriptions of the color and nature of all exterior materials. (c) Landscape Plan, at the same scale as the site plan, showing existing and proposed trees, shrubs,ground cover and other landscape material (d) A soils report denoting the types of soil on the property including detail on the compaction necessary to support the proposed development. (2) Standards of Evaluation (a) All on-site utility and transmission lines shall, to the extent feasible, be placed underaround. (b) The height of proposed arrays and support structures shall not exceed 40 feet. (c) Individual arrays/solar panels shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. (d) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (e) All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight (8) foot high fence with a self-locking pate, and provided with screening in accordance with the provisions of Section 6.8. (f) The applicant shall submit proof of liability insurance covering bodily iniury and property damage demonstrating a minimum coverage limit of$ 500.000.00 per occurrence. 21 There is some question as to the appropriateness of the proposed land use buffer. The Type D buffer would require a 50 foot buffer. Some Planning Board members asked if this could be reduced even more. Staff is seeking BOCC member input. 22 The height limit for a public utility is different than a solar array-large system due to the purpose and intent of the development. A solar array-public utility is intended to generate power to serve a local/regional clientele while the large system is designed to allow for more of a local power usage off-set. Also staff considers a solar array-large system to potentially be located on property where there are existing land uses. A solar array-public utility is considered to be a principal use of property. Orange County,North Carolina—Unified Development Ordinance Page 5-80 I, i 26 Article 5: Uses Section 5.10:Standards for Telecommunication Facilities i i (g) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the parcel easement or leasehold area located adjacent to property zoned or otherwise utilized for, residential use except where such property is owned leased or consists of other utility easements currently used for electrical distribution or transmission purposes. Existing vegetation may be used to satisfy the landscaping requirements. (3) Decommissioning The applicant agrees to the following as conditions in case the utility is to be abandoned: L (a) The owner/operator of the facility is required to notify the Orange County Planning Director in writing 60 days prior to planned the cessation or abandonment of the facility for any reason. This notice shall provide the exact date when the use of the facility will cease. (b) Documentation shall be provided indicating that the public utility purchasing the power has been made aware of the decision. (c) The facility shall be removed within 12 months from the date the applicant ceases use of the facility. (d) Once the infrastructure is removed the property, the owner shall obtain the necessary Erosion Control permits to re-stabilize the property. The time frame for completion shall be determined by the Orange County Erosion Control Officer. (e) The owner shall provide financial security in form and amount acceptable to the County to secure the expense of dismantling and removing said structures. (f) Upon removal of the facility, the Department shall cause a notice to be recorded within the Orange County Registrar of Deeds office indicating that the Class A Special Use Permit has been revoked. MUR05910131IM-1 M1,1-1121 R 111 V111101[073001 kin 5.10.1 Intent The regulations contained herein are designed to provide for the safe and efficient integration of facilities necessary for the provision of advanced wireless telecommunications services through the community with the goal of establishing reliable wireless service to the public, governmental agencies, and first responders in a manner that provides for the public safety and general welfare of its citizens. 5.10.2 Master Telecommunications Plan ("Plan") (A) The Plan is intended to assist providers in their search for suitable locations to build their service network. The County may develop the Plan (map), which would display locations within the County's zoning jurisdiction where property owners have expressed formal,written, interest in allowing construction of telecommunications equipment. (B) Information that may be shown on the base Plan will include, but not limited to: (1) Existing towers, (2) Major transmission lines, (3) County-defined Natural Areas, (4) Historic properties, (5) Scenic corridors, Orange County,North Carolina—Unified Development Ordinance Page 5-81 Article 10: Definitions 27 Section 10.1: Definitions and limited (not to exceed 25%of any Node) higher density residential uses. Commercial Transition Activity Node Land Land focused on designated road intersections within either a 10- or 20-year transition area that is appropriate for retail and other commercial uses. Community Center A new or existing facility that is owned or operated by a non-profit group from the community for non- commercial activity. Comprehensive Plan An internally consistent and compatible statement of policies for the long term, physical development of that portion of Orange County under County jurisdiction, consisting of a statement of development policies and maps and text setting forth objectives, principles, standards and plan proposals for physical development. The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County such as a township, a watershed or an interstate highway interchange. Technical information and/or task force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix of or as a supplement are also considered part of the Comprehensive Plan. Concentrating Solar Thermal (CST) Devices Systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat source for either a conventional power plant, such as a steam power plant, or a power conversion unit, such as a sterling engine. Also known as Concentrated Solar Thermal(CST) Conditional Districts A zoning technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed upon individualized development conditions as part of the legislative rezoning process. The Conditional Use District and Conditional Zoning Districts are subsets of the term Conditional Districts. Land may be placed in a conditional district only upon petition of all of the owners of the land to be included;said petition must be approved following the procedures set forth in Section 2.9 of this Ordinance. Conditional Use District (CUD) A floating zoning district that has no permitted uses. Applications for a CUD must link the CUD to a general use zoning district and conform with all applicable development regulations for the corresponding general use zoning district. CUDs require approval of both a rezoning application and Class A Special Use Permit; see Sections 2.9.1 and 3.8. Conditional Zoning District (CZD) A specific floating zoning district with specific permitted uses, as detailed within this Ordinance.. Controlled Access Highway A state or city highway, or section thereof, especially designed for through traffic and over, from, or to which highway owners or occupants of abutting property, or others, shall have only controlled right of easement of access. For the purposes of this Ordinance, Controlled Access Highway shall be Interstate 85, Interstate 40, and any area located within the Major Transportation Corridor(MTC) overlay district. County Orange County Government. Custodial Care A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in meeting personal rather than medical needs, which is not intended to provide specific therapy as the result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that does not require the continuing attention or supervision of trained, medical, or paramedical personnel. Orange County,North Carolina—Unified Development Ordinance Page 10-5 i 28 Article 10: Definitions Section 10.1: Definitions Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as Christmas trees, pumpkins and flowers are permitted in the outdoor display area. General Use Zoning District The various zoning districts contained in Article 3 of this Ordinance that are not Conditional Districts. Conditions cannot be applied to general use zoning districts. Glare Light emitting from a luminaire solar panel glass or other similar reflective surface with an intensity great enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing momentary blindness. Golf Course A tract of land designed and laid out for the game of golf. Golf courses include, but are not limited to courses open to the general public for a daily user fee, private courses available to members and their guests, courses proposed as single, independent uses, as well as those planned as an accessory use which is part of a residential or recreational development. A golf course development may also include the following accessory uses and building typically associated with such a facility: club house; restaurant/snack bar; barroom; prop shop; billiards;table tennis, spa/health club; racquetball, hand ball, and tennis courts; swimming pool; locker rooms;and real estate sales office. Goods, Incidental Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician selling hair products. Gross Floor Area The area within the perimeter of the outside walls of a building as measured from the exterior face of the exterior walls or from the centerlines of walls separating two buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features. Group Care Facility A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This category includes group homes for all ages, half-way houses,foster and boarding homes. The following shall not be eligible for admission to a group care facility: a) Persons addicted to or recuperating from the effects of an addiction to drugs or alcohol; b) Persons adjusting to non-prison life, including but not limited to, pre-release, work release, probationary programs and juvenile detention centers. Group Development One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy by more than one separate family,firm, business or other enterprise. I Habitable Rooms Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered habitable rooms. Hazardous Waste Management Facility A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North Carolina Department of Environment and Natural Resources. Orange County,North Carolina—Unified Development Ordinance Page 10-13 I Article 10: Definitions 29 Section 10.1: Definitions Overlay Zoning District; Overlay Zone A special zoning district that applies supplemental standards in addition to the underlying zoning requirements. Package Treatment Plant Privately owned and operated sewage treatment facility. These plants are prefabricated by the manufacturer and delivered as completed units to the clients. Parking Deck A special structure of two or more levels designed to be used for the temporary storage of motor vehicles. Pedestrian/Landscape Ratio This is the minimum square footage of pedestrian access and landscaped areas in a non-residential development for each square foot of gross land area. Pedestrian/Landscaped Space Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for incidental service, maintenance or emergency actions. Personal Services An establishment engaged in providing services generally involving the care of the person (e.g. hairdresser,tailor). Phase of Grading One of two types of grading: rough or fine. Photovoltaic (PV) Technology that converts light directly into electricity. Portable Building A building not intended for residential use consisting of one or more modules constructed off the ultimate site of use and transported to that site. Post-FIRM I Development for which construction started on or after March 16, 1981. Pre-FIRM Development for which construction started before March 16, 1981. Premises A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as a unit of real estate. Principally Above Ground Structure A structure whereby at least 51%of the actual cash value of the structure is located above ground. Principal Structure Any building or other structure occupied or used for the purpose of conducting the principal use of the property. Principal Use A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary and chief purpose for which a lot is used. Orange County, North Carolina—Unified Development Ordinance Page 10-29 30 Article 10: Definitions Section 10.1: Definitions stenciling of the name of a non-residential establishment and may include hours of operation, phone numbers, and other pertinent information associated with the non-residential land use. ■ An example of a window sign includes: i i s i Rte. Site Specific Development Plan A plan approved by the Orange County Board of Commissioners in accordance with the Class A Special Use Permit process and which describes, with reasonable certainty, the type and intensity of use for a specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific Development Plan shall be deemed approved upon the effective date of the Board of Commissioners' action. Site Plans, Special Use Permits, Conditional Use Districts, Conditional Zoning Districts, and Preliminary Subdivision Plats may be approved as Site Specific Development Plans in accordance with the provisions of this Ordinance. Site Specific Development Plans are required only where an applicant wishes to vest his property rights for a period longer than that otherwise permitted by this Ordinance. I Solar Array— Accessory Use Include any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to, and incorporated into the development of an authorized use of the property, and which are designed for the purpose of reducing or meeting on-site energy needs. i i Solar Array— Large Facility A solar facility located on a developed or undeveloped parcel of property producing more than 10 kilowatts but less than 100 kilowatts of power that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal (CST) devices, or various experimental solar technologies with the purpose of supplying power to existing land use(s) as well as the wholesale or retail sale of generated electricity j Solar Array— Public Utility A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV) concentrating solar thermal (CST) devices, or various experimental solar technologies with the primary_purpose of wholesale or retail sales of generated electricity. Solid Waste Disposal Facility Any facility involved in the disposal of any hazardous or non-hazardous refuses or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility,domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. Solid Waste Disposal Site Orange County,North Carolina—Unified Development Ordinance Page 10-44 it