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HomeMy WebLinkAboutAgenda 06-03-2025; 5-d - Unified Development Ordinance Text Amendments – Solar Array Standards 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2025 Action Agenda Item No. 5-d SUBJECT: Unified Development Ordinance Text Amendments — Solar Array Standards DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Statement of Consistency Patrick Mallett, Deputy Director, (919) 2. Proposed Ordinance, Including UDO 245-2577 Text Amendments Amy Eckberg, Sustainability Program Manager, (919) 245-2626 3. Planning Board Signed Statement of L. Karina Nabors, Sustainability Consistency and Excerpt of the Draft Specialist, (919) 245-2637 May 7, 2025, Meeting Minutes Jack Moran, Planner I, (919) 245-2571 4. PowerPoint Presentation Cy Stober, Director, (919) 245-2592 PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations, receive public comment, close the public hearing, and consider action on County-initiated text amendments to the Unified Development Ordinance (UDO) pertaining to solar array standards to better achieve established UDO, 2030 Comprehensive Plan, and Climate Action Plan goals, clarify language for improved administration and enforcement, and reflect contemporary best professional standards. BACKGROUND: The Orange County Planning & Inspections Department, in partnership with the Sustainability Office, has initiated amendments to UDO Section 5.9.6, Solar Array, and revisions to Article 10, Definitions. The proposed amendments are intended to be comprehensive in addressing overly complex text, and to improve interpretation and application for both staff and applicants. These amendments represents the first update to the solar standards since the adoption of UDO section 9.5.6: Solar Array UDO on November 8, 2012. Because best practices surrounding solar array residential and accessory standards have since changed, County staff has identified the need to update the language to reflect current practices. Orange County's Climate Action Plan prioritizes solar energy adoption as a foundational strategy for achieving renewable energy goals and reducing greenhouse gas emissions. Strategy Built Environment and Energy (BE) 2.5.1 of the Climate Action Plan specifically calls for "implement(ingl an expedited permitting process for all new solar projects across the county." The purpose served by this text amendment is to carry out these objectives. As part of the commitment to advancing solar energy, Orange County earned a SolSmart designation, recognizing the County's efforts to make solar more accessible. By updating the 2 Unified Development Ordinance (UDO) with best practices in solar zoning, the County can eliminate regulatory obstacles, simplify permitting, and provide greater clarity for property owners. These updates will further the SolSmart goals, directly support BE 2.5.1, and ensure faster approvals, reduced administrative burdens, and a smoother transition to clean energy for the community. Joint Planning Area (JPA) Review: In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and Agreement, the proposed amendments were sent to both towns for comment. Town of Chapel Hill provided comments which were incorporated with revisions. Planning Board Recommendation: At its May 7, 2025 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and the UDO text amendments, with one amendment to the proposed changes. The changes recommended by the Planning Board allow for administrative edits as recommended by the staff attorney and have been incorporated into the proposed Ordinance contained in Attachment 2. The Planning Board's signed Statement of Consistency and an excerpt of the draft May 7, 2025 meeting minutes are included in Attachment 3. Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" meeting on April 9, 2025. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1 . 2. UDO text amendments, as contained in Attachment 2. FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff time and the required legal advertisement for the text amendment's public hearing. County staff has and will continue to accomplish the necessary tasks associated with amending the UDO and the legal advertisement will be paid from budgeted funds for this purpose. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 1. Identify the priorities and resources necessary to implement the Climate Action Plan. OBJECTIVE 8. Include environmental stewardship objectives in the Comprehensive Land Use Plan. • GOAL 3: HOUSING FOR ALL OBJECTIVE 5. Review County ordinances, policies, agreements, and the regulatory processes to streamline practices, and increase opportunities and reduce barriers to construct housing. RECOMMENDATION(S): The Manager recommends that the Board: 1. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 1) and the Ordinance in Attachment 2. 3 Attachment 1 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT PERTAINING TO SOLAR USES WITH ADOPTED ORANGE COUNTY PLANS Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to revise regulations pertaining to solar use to modernize their standards and encourage the development and implementation of accessory solar uses. The Board of County Commissioners hereby approves the proposed text amendment and issues this Statement of Consistency pursuant to NCGS § 160D-605 Governing board statement. The Board finds: 1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments, including review by the Development Advisory Committee (DAC), as required in UDO Section 1.9, have been met; 2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as prescribed by UDO Section 1.1.5 Statement of Intent — Amendments and Section 1.1.7 Conformance with Adopted Plans, and will revise the regulations in response to changed conditions; the regulations pertaining to telecommunications facilities have not been substantially revised since before 2011; 3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding Principles and Objectives: a. Guiding Principle 2.2 Sustainable Growth and Development, Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term; b. Guiding Principle 2.3.A. Encouragement of energy efficiency, lower energy consumption and the use of non-polluting renewable Energy resources; c. Economic Objective 3.2 Infrastructure that supports desired development; and 4. The amendment supports the Strategic Plan Goals and Objectives. Specifically, Goal # 1: Environmental Protection and Climate Action, Objectives 1 and 8; and Goal#3: Housing for All, Objective 5; 5. The amendment is consistent with this principle and these goals and objectives because implementation will result in more solar opportunities in the Orange County; 6. The amendment is reasonable and in the public interest because it encourages the development of alternative,renewable energy sources. 7. The amendment is consistent with this principle and these goals and objectives because implementation will result in more solar options in Orange County; The Board of County Commissioners hereby adopts this Statement of Approval and Consistency and the findings expressed herein. Jamezetta Bedford, Chair Date 4 Attachment 2 Ordinance # ORD-2025-020 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO) to modify existing regulations related to solar uses, and Whereas, this amendment seeks to update portions Sections 5.2, 5.9.6 of the UDO and various other sections pertaining to solar development to modernize the ordinance and align it with current industry trends and better align with Orange County's Climate Action Plan; and Whereas, the Orange County Planning Board has recommended approval of the proposed text amendments, and Whereas, the County has held the required public hearing and has found the proposed text amendments are consistent with the goals and policies of the adopted Comprehensive Plan, Strategic Plan and Climate Action Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this day of , 2025. I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2025 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2025. SEAL Clerk to the Board of Commissioners 5 UDO AMENDMENT PACKET NOTES: The following pages contain UDO amendments pertaining to Solar Array Residential and Accessory Standards. Within this amendment package: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO Rod Strikethro gh Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modifications have been included within this packet. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Land use numbering in Section 5.2: Table of Permitted Uses is also subject to change due to simultaneous text amendments to the section. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: https://www.orangecountync.gov/3040/Unified-Development-Ordinance-UDO TABLE OF PERMITTED USES *=PERMITTED US A=SUBJECT TO USE STANDARDS S=SPECIAL US CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS EI 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- R-CD NR- RM 1 2 1 2 1 2 3 4 5 CD CD CD CD-1 CD Im Product ■■■1��■111111■■■■©®®■■■■■ISI■■■®■■■■ EM = Oriented= = ■■■■■■■■■1■■■■■■■■00■■■■%■■■■■■■■■■■ ■M Storage. ...TELEC ■■■■■■■■■\�\DDD■■000■p■0■■■■■■■■■.■■ ■ -_-o. . 0000■■■■00000000aavo■■■■■■■■■vv■■vv Telecommunication Tower(Over 75 feet to less than 2 feet in height) 00 1011©©©©11®0opa©©1o�a®■©■■■■©000■■00 ■ . Tower ., ■■■■■■■■■�■■■■■■■■■■■1■■■■■■■■■■■■00 . .. . o000000va■■■■■■■■■■■■■■��■■■■■■■■■vv Elevated Water Storage Tanks ©©©�a■©©©©■©©©©©■©©©■©©■®■��©©vv■moo Public Utility Stations&Su b- Stations,Switching Station., ■�. 0000■■®■00000000■ovovv■■v■■■vvvv■�■a ■ _...:Ar[. . �������aa00a00000aa0vavaaaa00a00a00a TABLE OF PERMITTED USES *=PERMITTEDUS_A A=SUBJECT TO USE STANDARDS S=SPECIAL US CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/ AS EI 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- R-CD NR- RM 1 2 1 2 1 2 3 4 5 CD CD CD CD-1 CD Waste Management Facility Wholesale Trade UseS—"""T Wholesale Trade Club or Lodge Community Center Place of Worship Retreat Center Rural Special Events Special Events—150 attendees orless Special Events—151 attendees or more ® •. . . . 1111,,,,,,.,,..,,,,,©............■.. Article 5: Uses $ Section 5.9: Standards forUtilities (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 of rwise, for the security of the site, including the provision of a gate at a access entrance of access roads leading to such facilities. (b) A minimum lot size shall be adequate for the proposed e. (c) Adequate provision has been made for the protectio f adjacent property from the dangers of collapse,fire, flooding r other menacesto public health and safety. (d) The applicant shall submit proof of liability ins ance covering bodily injury and property damage demonstrating a inimum coverage limit of $500,000.00 per occurrence. 5.9.5 Electric, Gas and Liq 'd Fuel Transmission Lines (A) Submittal Requir ents and Standards of Eval tion for Special Use Permit and Conditional Distric (1) Submittal Req 'rements In addition to the i ormation requir d by Section 2.7, the following shall be submitted as part of a applicati : (a) A site plan sho 'ng th following: {+) All existin nd proposed structures within the site of the line, {+} All exist' g st ctures within 50 feet of the boundaries of thesite, and { } Off ially designat floodways and floodplains. (b) An Eros' n and Sedimentatio Control Plan for the site. (c) Typic cross sections for the ins Ilation showing elevation of all ructures and existing and prop sed topography. (d) ans and elevations of all proposed s uctures and descriptions ofthe color and nature of all exterior materials. (e) Certification by the applicant that it is a pub' utility and a statement that the proposed installation is necessary to ccomplish its public utility function and that public convenience and neces ity will be served by the proposed installation. (2) Standards of Evaluation (a) Adequate provision has been made to protect adjacent operty fromthe dangers of explosion, rupture, collapse, fire or other men es to public health and safety. (b) The public convenience and necessity shall be served by this posed installation, if installed as proposed. (c) The applicant shall submit proof of liability insurance covering bodil injury and property damage demonstrating a minimum coverage limito $500,000.00 per occurrence. 5.9.6 Solar Array and Solar Energy Systems (A) Standards for Solar Arrays and Solar Energy Systems as an Accessory Use Orange County, North Carolina—Unified Development Ordinance Page 5-62 Article 5: Uses 9 Section 5.9: Standards forUtilities (1) Standards of Evaluation 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 where a solar array is being erected to manage, remove, or otherwise alter foliage to guarantee solar access to a proposed array. (b) � � a „ rt Velume anArno I imitsIll \\ Selar Arrays, whether buidrting OF rd�nm r!.rateshall conform to tho fellewing limits-.1 Residential a. Have a rated G sity istent with local u+ilif„ nreyi ders net metering nelinv net to eVeeed 20kilewatts (for elentrieifii)• er A_.r equal t9240 A. H;;v a GG"eGt()F aFea of less than or equal to 4,000 squaFe feet (fer thermal) Nen esidee4aal a. Limits shall be based eR the average elestric+ty, sterage vel ume and thermal oelleGtor area y to s ert the needs of then ed faGility, koLb) Device(s) shall provide power for the principal use accessory uses 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 eitherto a utility provider or other similar thirthird-party entity. This provision shall be in no way construed as limiting the ability of the property owner to: {+ii} Transfer or sell excessive power generated onsite back to the utility provider or other third partythird-party entity or M Receive credit from a local utility provider for the power generated onsite as a means to offset utility bills. (d)Then erty GWRer shall n vide the f eunty with written autherizatien frem the IGCaI �•i--Utility GGm-rtpaRy aC v�ledgi g nrdapl)FOViRg the utility eennenfen v1"Iv• cvrmcccirnT WLc� The site plan shall denote the location and type of any batteries orother similar storage devices onsite. !f,1)Panelsshall be designed and eirientedd en the PrOperty SUGhhtthat ooneentraterd solar radiation o glare shall not he rdirested entonearby nrenerties o ead rights_ef_way, o etherwise s Bate a safety hazard �g)f�[) As part of the site plan submittal, the applicant shall be required to submit documentation detailing the proposed array will not alter,or require alteration of, any condition imposed as part of a previous approval allowing for the development and use of the property. (h) All meGhaniGal equipment a fated with and n y fer, the o ratien of the array shall beshieldedtea eid damage This shielding Orange County, North Carolina—Unified Development Ordinance Page 5-63 [1] Covered in the North Carolina Building Code Article 5: Uses 10 Section 5.9: Standards forUtilities may fake the farm of a small ene-esed str„sfi Ure n erly,ented to a--e,n, Meer air a flew, fenEe, er lanr-ssape hedge (i)(e) Mechanical equipment shall not be located within the required rir}ci I� setback areas for the underlying zoning district as detailed within Article 3 or within required landscaped areas as required under Section 6.8. /i\!f) Before G ent of earth disturbing aGtiVifieo, then ertye,.ner V7i1 mi St aGknewledge that he/she is the r sihle party fer nwninn anr! efaso♦aTig the perpetual mnainteRanr_-.e of the solar array. NLcj) In cases where a solar array has not been in operation for a period of 6 months due to a malfunction or other defect the property owner shall affect repair(s)to the system within 30 days of notice from the Countyin accordance with Section 9.5 of the UDO. In cases where the array has been deemed unsafe it shall be removed or repaired immediately in accordance with Section 9.5.5 of the UDO. (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 result, shall not exceed the maximum building height detailed within Article 3 for the underlying zoning district where the property is located. (G) As Part f the -h-Wilding permit rei , Gtr G �rvmvral engineerrmgshall be provided dderne-instrating the F99f Gan suppeFt the weight of the propesed array-. (3) Standards for Ground Mounted Devices: (a) Ground me-Unted system shall not exr.eed a movimi im height of 1 5feet from finisher- grade (b) The ssiurfanac-area of a ground mounted system, regardless of the- mei rated angle shall he Gals ,-ated as part of the Awes-- im eerieus 4--. {e)Laj Arrays shall be allowed to be erected anywhere on the propertyoutside of established setback areas, buffer areas, designated open space areas, and well/septic system setback areas as identified by Orange County Environmental Health. k )Lb) Arrays shall observe the prinGipal 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 buffer area. (c) An array may be located on a parcel a-separate eaFGel ether thanfrom the one on which the residential structure mit serves is located, se lett--a-sprovidedthere is a recorded easement detailing the off-site utility use of thearray and the solar array is not the primary use on that parcel. (d) Ground Mounted solar arrays shall be located nott4ess4"aAa minimum of ten -10 feet from side and rear property lines, 20 feet from and public or private rights-of-way, and shall be located outside stream buffers, floodplains, wetlands, and P-primary Common Open Space areas. I21 Orange County, North Carolina-Unified Development Ordinance Page 5-64 [2]Setback set with requirement that more aligns with accessory structures. Article 5: Uses Section 5.9: Standards forUtilities (e) Upon removal of a ground-mounted solar energy system, the disturbed land shall be restored to its natural grade, stabilized in accordance with Section 6.15,and revegetated,pfef,mer abl-with plant materials consistent with the Orange County Recommended Plant list.nat've or ^'inmate and _premete habitat regeReratien [31 (4) Standards for Farm-Related Solar Arrays (a) All properties with verifiable bona fide farm status shall be allowed to develop solar arrays including Solar Array- Private Utilities, pending electrical permitting from Building Inspections. ( Submittal Requirements and Standards of Evaluation for Solar Array— Large Facility (Special Use Permit) 1) Submittal Requirements In addition to the information required by Section 2.7, the following shall e submitted as part of the application: (a) A site plan showing all existing structures on the property, yproposed buildings or structures that are necessary to support the oposed array, existing and proposed storage areas, parking and acc s areas, topography at a contour interval of five feet, any offi i Ily designated floodplains or alluvial soils. (b) A assessment of the power needs for all struc res on the propertyand the nticipated power generated by the prop ed array. (c) The p osed arrays distance from all str tures located on theproperty. (d) Plans an elevations for all proposed ructures and arrays as well as descripti ns of the color and nat a of all exterior materials. (e) Landscape PI , at the same sc a as the site plan, showing existing and proposed tr s, shrubs, gr and cover and other landscape material (f) A soils report deno ' g the t es of soil on the property includingdetail on the compaction n es ary to support the proposed development. (2) Standards of Evaluation (a) The proposed arra shall n require the alteration of existing landuse(s) to accommodate evelopme (b) All on-site util' and transmissio lines shall, to the extent feasible,be placed and ground. (c) The hei t of proposed arrays and s ort structures shall notexceed the h ' ht requirements of the underlyi zoning district where the pro rty is located as detailed within Arti e 3. (d) dividual arrays/solar panels shall be desig ed and located in order to prevent reflective glare toward any inhabite buildings on adjacent properties as well as adjacent street rights-of-w . A clearly visible warning sign concerning voltage m st be placed atthe base of all pad-mounted transformers and substation (f) All mechanical equipment, including any structure for ba pries orstorage cells, shall be completely enclosed by a minimum eight (8 oot high fence with a self-locking gate, and provided with screening i accordance with the provisions of Section 6.8. (g) The applicant shall submit proof of liability insurance covering bo Hy injury and property damage demonstrating a minimum coverage Ii 't of $500,000.00 per occurrence. O ange County, North Carolina—Unified Development Ordinance Page -65 33 Covered under erosion control 6.15 Article 5: Uses 12 Section 5.9: Standards forUtilities (h) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the parcel, easement, or leasehold area located adjacentto 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 requ" ements. Orange County, North Carolina—Unified Development Ordinance Page 5-65 [3] Covered under erosion control 6.15 Article 10: Definitions 13 Section 10.1:Definitions s citing of the name of anon-residential establishment and may include hours of operation, phone num s, and other pertinent information associated with the non-residential land use. ■ An e mple of a window sign includes: Site Specific Vesting Pla A plan approved by the Ora County Board of Commissioners which de rubes, with reasonable certainty, the type and in sity of use for a specific parcel or parcels of prope located within the County's zoning juris ion. A Site Specific Vesting Plan shall be deemed appro upon the effective date of the Board Commissioners' action. Site Plans onditional Districts, and Preliminary Subdivision Plats may be approved as Site ecific Vestin lans in accordance with the provisions of this Ordinance. Site Specific Vesting Plans a re red only where an applicant wishes to vest his property rights for a period longer than that oth ise ermitted by this Ordinance, in accordance with NCGS 160D-108. 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. Solar Array — Large Facility A solar facility located on a developed or undeveloped parcel of property producing more than 20 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. 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, producing more than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated electricity. Solar Arr A device, arrav of devices, or structural ural desi n feature, the purpose of which is to provide for enera+inn or storaqe of electriri+ from s nli h+ or the collection s+oroqe, and dostrihu ution of solar ener fors oro heatinq or coolinq ht r interior li htin rotor hop+in n+he.er domesk needs Solar Array — Private Utility A privately-owned utility-scale facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal (CST) devices, or various experimental solar technologies, producing more than 100 kilowatts of power with the primarypurpose of wholesale or retail sales of generated electricity. Solar Array/Solar Energy System A device, array of devices, or structural design feature that harnesses solar energy to generate and/or Article 10: Definitions 14 Section 10.1:Definitions store electricity; to collect, store and distribute thermal energy for space heating or cooling; for water heating; or for other domestic needs. 15 Attachment 3 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT PERTAINING TO SOLAR ARRAYS WITH ADOPTED ORANGE COUNTY PLANS Orange County has initiated an amendment to the Unified Development Ordinance(UDO)to revise regulations pertaining to solar arrays. The Planning Board hereby recommends approval of the proposed solar text amendment and issues this Statement of Consistency pursuant to NCGS § 160D-604(d) Planning board review and comments — Plan consistency. The Planning Board finds: 1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments, including review by the Development Advisory Committee(DAC), as required in UDO Section 1.9,have been met; 2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7 Conformance with Adopted Plans, and will revise the regulations in response to changed conditions since the solar array regulations were originally adopted in 2012 ; 3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding Principles and Objectives: a. Guiding Principle 2.2 Sustainable Growth and Development, Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term; b. Guiding Principle 2.3.A. Encouragement of energy efficiency,lower energy consumption and the use of non-polluting renewable Energy resources; c. Economic Objective 3.2 Infrastructure that supports desired development; and d. Economic Objective 3.2.11 Establish adequate information networks throughout the towns and County. 4. The amendment supports the Strategic Plan Goals and Objectives. Specifically, Goal #6: Diverse and Vibrant Economy, Objectives 2-6; 5. The amendment is consistent with this principle and these goals and objectives because implementation will result in more solar opportunities in the Orange County; 6. The amendment is reasonable and in the public interest because it encourages the development of alternative,renewable energy sources. The Planning Board hereby adopts this Statement of Approval and Consistency and the findings expressed herein. Lamar Proc r Chair Date 16 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MAY 7,2025 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lamar Proctor(Chair) Cheeks Township, Chris Johnston (Vice-Chair) Hillsborough Township, 7 Meg Millard, Little River Township Representative; Statler Gilfillen, Eno Township Representative; 8 Beth Bronson,At-Large Representative; Charity Kirk,At-Large Representative;Whitney Watson, 9 At-Large Representative; Delores Bailey,At-Large Representative;Venkat Yendapalli, Cedar 10 Grove Township Representative;Jonah Garson,At-Large Representative. 11 12 MEMBERS ABSENT: Steve Kaufmann, Bingham Township Representative; Liz Kalies, Chapel Hill Township 13 Representative. 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Deputy Director—Long Range Planning 16 &Administration; Tom Altieri, Senior Planner-Long Range Planning&Administrative Division; 17 Patrick Mallett, Deputy Director—Development Services; Jack Moran, Planner 1 18 19 OTHERS PRESENT: Albert Benshoff, Lydia Lavelle, Liz HIII 20 21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23 The meeting began at 7:02 PM 24 25 ***************************** 26 27 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—RESIDENTIAL SOLAR ARRAYS-To 28 review and make a recommendation to the BOCC on Planning Director-initiated amendments to 29 the LIDO pertaining to residential solar arrays. This amendment was reviewed at the April 9, 30 2025, ORC meeting. The anticipated BOCC public hearing date is June 3,2025. 31 32 Patrick Mallett: Next item on the agenda, as I said before, Pages 95 and 96 are replaced. That's the abstract and 33 107. This is the solar array amendment, in large part it's the standards within LIDO, Section 5.9.6. 34 So,we have the need for the amendment. Our amendments of the LIDO have not been amended 35 or updated since November 8, 2012. Those parenthetically were amendments to deal with public 36 utility, solar arrays, and nothing to do with the actual amendments before you tonight. It's the 37 adoption of numerous best practices and technology changes have occurred in the solar industry. 38 The Orange County strategic plan identifies the environmental protection and climate action as a 39 first priority strategy. We're revising 5.9.6, solar array and Article 10 definitions. What we're not 40 revising is the public utility. That would be what used to be referred to as Solar Farms,the large 41 public utilities,this is just pertaining to solar arrays, roof-mounted or ground-mounted as an 42 accessory use, like powering the dam turbines at the OWASA facility out at Cane Creek or a solar 43 array that's mounted on your house roof or on your property or on farms. It addresses overly 44 complex text and improves on the interpretation and the application for both staff and the 45 applicants. This was sort of brought forth to us in partnership with sustainable developments and 46 one of our partners, Solar Smart, and the industry pointed to some needs for some minor 47 clarifications. This is by no means as complicated or as extensive as the telecom one. So, on 48 future efforts, this too is a continuum to look at fast-tracking the permitting process for some solar 49 array permits. The fees,we'll look at revisiting those to give some incentives possibly for 50 residential stuff, solar permits, and then also,we're also conducting work with solar,and EV 51 located on government facilities. That's strictly EV charging stations and we have a consortium 52 with both,with this part of Solar Smart and NC State and numerous other institutions that we're 53 working on, and this is just one part of what they would like to see and what we feel like the 54 industry wants and residents,of course, as well. These are just a few slides that Amy Eckberg 17 DRAFT 55 was able to provide with regard to the climate action plan. She was not able to attend today's 56 meeting because she's in a conference in Richmond. Like I said this is a major element that 57 aligns with the climate action plan and Orange County sustainability efforts. With that greenhouse 58 and gas emission reduction goals to reduce by 50 percent by 2030 and reduce 100 percent by 59 2050. This just shows the distribution and the fair share. This was an interesting slide to me,the 60 amount that's dedicated in terms of emissions to electricity, 30 percent. Overall breakdown. All 61 energy was responsible for 54 percent of Orange County's greenhouse gas emissions,that was a 62 pretty amazing statistic to me. And by adding solar energy,we can cut those emissions. It's in 63 the climate action plan as identified. The manner of process they decided to brief at the ORC. 64 You heard this item last month in your April meeting where additions were made, based on the 65 ORC comments and comments received under courtesy and peer review. The item is recording 66 and refined in conjunction with sustainability programs and smart initiatives and then today, as 67 with the other one,the replacement items in your packet. Recommendation. Review and discuss 68 the LIDO text amendments; consider the planning director's recommendation and make a 69 recommendation to the BOCC on the statement of consistency,Attachment 2, and the proposed 70 text amendments. 71 72 Lamar Proctor: All right. Any questions? 73 74 Dolores Bailey: Can you go back about 3 slides. 75 76 Patrick Mallett: There? 77 78 Kirby Saunders: You said with solar added to it, it would do what? 79 80 Patrick Mallett: So that would fall under this energy category here. 81 82 Beth Bronson: It would reduce it. 83 84 Patrick Mallett: And not entirely obviously, but it would offset some portion of that, but I think the point of this 85 graphic is to show that I would not have guessed that that was 30 percent of our overall 86 emissions. 87 88 Lamar Proctor: Just a general question. So, these amendments,what's the practical effect? Like what will it do in 89 terms of these solar arrays for which they cover. 90 91 Patrick Mallett: We feel like the language aligns with the model ordinances that NC State has,that Solar Smart 92 has that they've identified. I really wasn't driving this amendment. It was Amy and that initiative 93 and that collaboration with working with her group and others to make it more understandable, 94 transparent, and less fluff and requirements that are not necessary. To give you an example, 95 there's a requirement for a roof load. You have to get a structural engineer to approve that it 96 meets the supports. That's covered in the building code. We don't need it in the ordinance. It's 97 another layer of documentation and bureaucracy that's already there. 98 99 Beth Bronson: I have one question. For Page 103, it says standards for farm related solar arrays. If you had 100 bona fide farm status, you were allowed to develop solar arrays? Would having a solar array 101 create bona fide farm status? 102 103 Patrick Mallett: No. Completely separate. And part of that, I'll add a parenthetical to this that that was included at 104 the request of Solar Smart initiative and Amy Eckberg, also economic development. There's a 105 movement called photo-aggro-voltaics and that's the placement of solar arrays on farms and 106 studying the impacts,the temperature on a farm and the moisture composition. 107 108 Beth Bronson: It's called innovative farming. 18 DRAFT 109 110 Patrick Mallett: It's probably a good idea. 111 112 Beth Bronson: Yeah, it is and I don't mean anything to doubt it. I just didn't know if you were able to create a 113 solar array farm and then say that you're making money off of it. 114 115 Patrick Mallett: I don't want to get too far down the utility rabbit hole, but in all instances our state, is pretty 116 definitive about power,who can create power. Who cannot create power,who has the ability to be 117 able to.A farm can't be a public utility,a subdivision can't be a public utility. 118 119 Beth Bronson: Did Orange County want to manage that, or they couldn't? Well, not Orange County, but if a utility 120 company wanted to manage that solar array on a bona fide farm. 121 122 Patrick Mallett: They'd have to get a special use permit to do that. 123 124 Beth Bronson: Okay. 125 126 Lamar Proctor: Any other discussion about the specifics of the language or any discussion about proposed 127 amendments to any of the language covered by this agenda item? 128 129 Beth Bronson: Is there any reason that the solar array shouldn't be available at every type of land use? So,within 130 R-1, R-2, R-8. Is there any reason that there was no exception or exemptions for locations for 131 solar arrays? 132 133 Patrick Mallett: No, because it's also covered with what it's supporting. Whether it's to a non-residential use. 134 Theoretically this could come up in any of the districts with performance standards. And does 135 anyone have any other questions before we make a motion. I do want to draw your attention to 136 one item. If you turn to the table of permitted uses on Page 98, you'll see land use item sited on 137 the table of permitted uses. Item No. 73. The county attorney's office, has of course, seen this. 138 We always vet this through legal. He had pointed out,we don't necessarily call out accessories 139 uses in the table of permitted uses,and my rebuttal back to him was this one is fairly unique and 140 specific and does need to be called up in my opinion. My last communication with James was I'm 141 not opposed to removing the word accessory and it's in this table, but I think it's important. 1 142 haven't heard back from him. In your motion, I would just ask that we have the ability to modify 143 the terminology of land use, Item 73, as currently proposed, so long as it is consistent with staff 144 attorneys'guidance. 145 146 Chris Johnston: I would like to make a separate motion. 147 148 Dolores Bailey: Before you make your motion.Where are you talking about? 149 150 Chris Johnston: Page 98. Up there is Line 73,that's above 71 and 72 and it has the word accessory in it, though it 151 doesn't necessarily need to. 152 153 Dolores Bailey: I see it.Thank you. 154 155 Chris Johnston: Do we care that 73 is above 71 and 72? 156 157 Patrick Mallett: As we discussed earlier,words matter, but I do know that that could go one way or another. 158 159 Beth Bronson: He's saying that the row was inserted above Row 71. 160 161 Chris Johnston: And then you're saying that because it's got an A at the start of it, it may be at the top, or it may be 162 at the bottom. 19 DRAFT 163 164 Patrick Mallett: Yes. 165 166 Chris Johnston: I apologize,would you mind repeating your request, so that I might verbalize right back at you. 167 168 Patrick Mallett: Yes,the motion could point to that page in this packet and No. 73 as presented in this packet. 169 That's one way to do it. 170 171 Chris Johnston: Sure. I make a motion that we provide staff with leeway on editing 73 to either include accessory 172 or not based on the recommendation of the staff attorney. 173 174 Statler Gilfillen: I second it. 175 176 Lamar Proctor: All right. We'll take a vote on whether to add this amendment as a separate item before we 177 approve the statement of consistency.All in favor of that amendment, raise your hand and said 178 aye. 179 180 MOTION BY Chris Johnston to allow for revisions pending comments from the Staff Attorney. Seconded by Statler 181 Gilfillen. 182 183 MOTION PASSED UNANIMOUSLY 184 185 Lamar Proctor: Hearing none opposed. Now, I'll take a motion on approving the statement of approval and 186 consistency with that amendment. 187 188 Statler Gilfillen: I so move. 189 190 Lamar Proctor: Statler moved. Would you like to second? 191 192 Chris Johnston: I would like to second that one. 193 194 Lamar Proctor: All right. Having a second, all in favor raise your hand or say aye. 195 196 MOTION BY Statler Gilfillen to approve the statement of consistency with the previously approved amendment. 197 Seconded by Chris Johnston. 198 199 MOTION PASSED UNANIMOUSLY 200 a ORANGE COUNTY NORTH CAROLINA Agenda Item 5-d : UDO Text Amendment - SolarArray Standards ( 5 . 9 . 6 ) 21 Summary of Need for Amendment ■ Solar elements of the UDO has not been amended/updated since November 8 , 2012 . ■ Since adoption , numerous best practices and technology changes have occurred in the solar industry. ■ Orange County Strategic Plan identifies "Environmental Protection and Climate Action" as the first priority strategy. ORANGE COUNTY NORTH CAROLINA 22 Summary of Proposed Amendments ■ Revised UDO Section 5 .9.6 -Solar Array, and Article 1 0-Definitions. ■ Revisions only cover solar regulations for residential and non-residential accessory uses. Solar as a Public Utility is unchanged . ■ Addresses overly complex text, and to improve interpretation and application for both staff and applicants. ORANGE COUNTY NORTH CAROLINA 23 Other related efforts and next steps ■ Future efforts will look at a fast-track permitting process for some solar related permits . ■ Fees will be revisited . ■ Also conducting work on solar/EV located on government facilities . ORANGE COUNTY NORTH CAROLINA Solar Energy: A Key Strategy in Meeting 24 Climate Action Plan Goals ■ Reduce GHG emissions 50% by 2030 and 100% EL.. by 2050 ■ Energy use accounts for 54% of total GHG emissions (residential energy = 18%) ■ Solar energy is key strategy for cutting emissions Top Priorities in the Climate Action Plan: 0 Meet GHG reduction targets 0 Expand community-wide solar capacity 0 Build resilient infrastructure for climate emergencies E "W Updating the UDO: -Enables broader solar adoption -Supports emission reductions and energy resilience -Aligns land use policy with climate action ggWORANGECOUNTY ORANGE COUNTY �J�TAI��[���u NORTH CAROLINA Planning Board Recommendation 25 Planning Board Ordinance Review Committee reviewed and discussed at their April 9, 2025, meeting. Planning Board voted unanimously (10-0) to recommend approval of the proposed amendments at their May 7, 2024, meeting. ORANGE COUNTY NORTH CAROLINA Recommendation for Tonight 26 The Manager recommends the BOCC: 1. Consider the Planning Director's and Planning Board's recommendations, 2. Conduct the Public Hearing and accept public comment, 3. Deliberate on the proposal, and 4. Decide and vote on the Statement of Consistency (Attachment 1), and the proposed ordinance (Attachment 2). ORANGE COUNTY NORTH CAROLINA 27 Questions ? ORANGE COUNTY NORTH CAROLINA