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HomeMy WebLinkAboutAgenda - 10-07-2014-13 (6)INFORMATION ITEM 1 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning 131 W. Margaret Lane (919) 245 -2575 �� Suite 201 (919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 _ �06� MEMORANDUM TO: Board of County Commissioners Bonnie Hammersley, County Manager FROM: Craig Benedict, Planning Director Michael D. Harvey, Current Planning Supervisor DATE: October 7, 2014 SUBJECT: Information Item — Regulation of Solar Facilities within North Carolina Please accept the following memorandum as an assessment of solar regulations currently enforced throughout the State. This information was requested by BOCC members during the May 27, 2014 Quarterly Public Hearing to ascertain how existing County regulations compared to other local governments. BACKGROUND: The County adopted solar regulations in the fall of 2012. The amendments were initiated by staff to address a concern over existing regulations not providing adequate distinction(s) between the erection of a solar array for personal use versus the erection of an array to serve as either an income generator for a property owner or a public utility benefiting multiple properties throughout the region. Staff also identified existing inconsisten Development Ordinance (UDO) concerning utilities needing correction. ies within the Orange County Unified regulations governing the development of The amendment package, reviewed at the August 27, 2012 Joint Quarterly Public Hearing and adopted on November 8, 2012, addressed the following: 1. New definitions of solar facilities. 2 2. Allows for solar facilities consistent with all other `utilities' as denoted within the Utilities land use category of the UDO.' 3. Established acceptable levels of power generation for solar panels erected on private property to address on -site power needs, specifically: a. For residential land uses: i. Having a rated capacity consistent with local utility providers net metering policies not to exceed 20 kilowatts of electricity generated on -site, ii. Having a rated storage volume for heated water not to exceed 240 gallons, and iii. Having a collector area of more than 1,000 square feet for thermal collection.2 b. For non - residential land uses: i. Limits based on the average utility need (i.e. electricity, water, etc.) to support the non - residential land use. s 4. Adopted new regulations governing the review and approval of solar facilities intended for commercial /public utility purposes. 5. Facilities generating over 20, but under 100, kilowatts are reviewed through the Class B Special Use Permit process (i.e. acted upon by the Board of Adjustment).4 6. Facilities generating over 100 kilowatts are reviewed through the Class A Special Use Permit process (i.e. acted upon by the BOCC with a recommendation from the Planning Board ).5 The attached table provides a synopsis of solar regulations enforced throughout the State. In reviewing these regulations staff would note the following: a. Orange County regulations are comparable with other standards currently being enforced throughout the State. b. Orange County's standards provide distinctions, with respect to permit review and approval of a solar facility, based on the overall intensity of a given project (i.e. how much power is generated and for what purpose) while others seem to base their development /review processes on the size of property where a solar facility is to be located. i Section 5.2 Table of Permitted Uses. 2 Section 5.9.6 (A) (1) (b) of the UDO. 3 There was lengthy discussion on this provision. Several Planning Board and BOCC members did not want to establish a definitive limit that could hinder non - residential developments from becoming energy self- sufficient. 4 Standards of evaluation and development are located within Section 5.9.6 (B) of the UDO. 5 Standards of evaluation and development are located within Section 5.9.6 (C) of the UDO. ' c. While most of the identified counties treat solar facilities as a utility, some restrict the general use zoning districts where such projects can be located. As previously indicated Orange County allows for solar facilities in most all general use zoning districts consistent with existing allowances for utility operations. The notable exception is that solar facilities over 20 kilowatts are prohibited within the Existing Commercial (EC -5) and Existing Industrial (E1) general use zoning districts. There did not seem any compelling rationale to limit their location to a specific land use, whether non - residential or residential /agricultural area since solar facilities follow high power transmission lines and substations, which are located to serve the overall regional electric grid serving both urban and rural areas. d. Required setbacks for solar facilities range from 50 ft. from property lines /rights -of -way to 150 feet. The Orange County does not have a specific setback standard. Current regulations require a 50 land use buffer along the perimeter of the property line. This required land use buffer, in turn, creates a `setback' requirement in order for the erected panels to avoid shadows created by the required vegetation. e. Required land use buffers are comparable with existing County standards. Durham and Brunswick counties establish specific regulations governing the actual `opacity' (i.e. how visible the development will be once a land use buffer is established) of a required land use buffer. Orange County's UDO does not have specific opacity requirements. f. In reviewing this matter with several county planning departments, there appears to be a trend towards local governments initiating amendments to their land use regulations establishing development standards for solar facilities. Staff looks forward to providing additional detail as necessary. GOVERNMENT ENTITY WHERE PERMITTED HOW PERMITTED LAND USE BUFFERS SETBACKS/HEIGHT DECOMMISSIONING ORANGE Allowed in the Based on intensity of power Class B and Class A None specified. • Notify Planning within COUNTY majority of general generated: Solar Facilities all Typical array has to be 60 days prior to use zoning districts. • Accessory use (under require a 50 ft. wide approximately 50 feet cessation of activities. Permit process based 20 kilowatts) — Staff land use buffer from trees achieving • Facility removed within on intensity of project. approval. height of 12 feet to 12 months of cessation. avoid shadow from • Between 20 — 100 foliage. • Required to re- stabilize (anywhere from 10 to property and obtain 25 individual panels) Resulting setback has required permits (i.e. kilowatts — Class B been approximately 100 Erosion Control) to do Special Use Permit feet for the solar so. (SUP). projects we have approved so far. • Record document • Over 100 kilowatts rescinding any recorded (anywhere from 25 to Height limit: Special Use Permit. 40 individual panels) — • Accessory and Class Class A Special Use B SUP — based on Permit district • Class A SUP — 40 ft. limit for arrays and structures. CHATHAM Permitted (lots under Based on lot size and 50 feet landscaped • 50 ft. minimum Removed at owner's expense COUNTY 2 acres in size) in all intended use: buffer (lots under and setback within one hundred and residential and • Accessory use (no over 2 acres). eighty (180) days of industrial districts. power limit identified) • 100 ft. setback from determination by the Use not permitted in w roadways (projects Planning Department the commercial districts. • On property under 2 on property over 2 facility is no longer being acres — staff approval acres in area) maintained in an operable Permitted (lots over 2 acres in size) through • On property over 2 • Height: 15 ft. state or no longer supplying Conditional Use acres — Conditional Use measured from solar power. Permit process in the Pennit (i.e. rezoning grade at base of same residential and and Special Use Permit) solar collector. industrial districts. acted upon by Board of Commissioners. GOVERNMENT ENTITY WHERE PERMITTED HOW PERMITTED LAND USE BUFFERS SETBACKS/HEIGHT DECOMMISSIONING CATAWBA Permitted by right in Where permitted by right Minimum height of 10 All structures and • Application must include COUNTY Industrial districts. staff review /action on site feet (within 5 years of fences are required to decommissioning plan. Permitted in 2 plan. planting). be setback 100 feet • Following 6 months of residential districts Within residential districts Landscaped area has to p from all rights -of -way and 50 feet from all inactivity applicant shall through the only permitted through be 75 feet in width. property lines . have 6 months to remove Conditional Use processing of a Conditional facility. Rezoning process. Use Rezoning application height limit • Required to re- stabilize acted upon by the Board of Commissioners. specified within specified property and obtain Ordinance. Staff required permits (i.e. assumes it is based on Erosion Control) to do underlying zoning so. district where facility is located. • As part of permit applicant has to have performance bond at a minimum of $500,000.00 to cover decommissioning if necessary. • Landowner /tenant is required to notify County when site is abandoned. CLAY COUNTY Permitted everywhere. Approved by Building Ordinance requires a All structures and No standards listed. Clay County does not Inspections Department vegetative buffer along fences are required to have local zoning administratively. the perimeter of the be setback 100 feet regulations (i.e. property. There is no from all rights -of -way, general use zoning mandatory width. property lines. districts and development No height limit standards.) specified. GOVERNMENT ENTITY WHERE PERMITTED HOW PERMITTED LAND USE BUFFERS SETBACKS /HEIGHT DECOMMISSIONING DURHAM Listed within the Acted upon by the Board Variable width buffer Comply with general No standards listed. CITY /COUNTY Major Utility land use of Adjustment ranging from 20 to 30 use district regulations category of their ft. depending on the where located. Unified Development district where the No specified height Ordinance. facility is located and limit. topography of the site. Permitted in most Buffer may be residential zoning expanded to address districts subject to issues of visibility. action by the Board of Adjustment. BRUNSWICK Listed within the Acted upon by the Board Variable depending on 150 ft. setbacks from all No standards listed. COUNTY Utilities land use of Adjustment district. Ranges from property lines and category of their 20 to 40 feet based on rights -of -way (both for Unified Development surrounding uses. permitted facilities and Ordinance. facilities acted upon by Solar serving as an Board of Adjustment.) accessory use is Height limit of 20 ft. permitted in all zoning districts. Solar serving commercial/utility use only allowed within `Rural Residential' zoning district with action from Board of Adjustment. Permitted use in commercial and industrial districts.