If the Board determines that the application furthers the comprehensive plan's goals and objectives and that it meets the criteria set forth in the zoning ordinance, then the Planning Commission recommended the following conditions to mitigate the adverse effects of this utility-scale solar generation facility with any Board recommendation for permit approval. Where PV systems are installed on the ground, vegetation and near-by structures could provide a means of spreading fire, and the PV panels could become a shock hazard for anyone with access to the array(s). On a final note, the documents I've identified can contain additional references that are either mandatory or simply helpful. While solar energy aligns with sustainability goals held by an increasing number of communities, solar industries must bring an overall value to the locality beyond the clean energy label. The location of sites, the arrangement of panels within the site, and the ongoing management of the site are important in the mitigation of such impacts. The location of large solar facilities also needs to account for views from public rights-of-way (Figure 5). Planning for Utility-Scale Solar Energy Facilities As with any land-use application, there are numerous potential impacts that need to be evaluated with solar facility uses. The facilities, including fencing, shall be significantly screened from the ground-level view of adjacent properties by a buffer zone of a reasonable distance extending from the property line that shall be landscaped with plant materials consisting of an evergreen and deciduous mix (as approved by staff), except to the extent that existing vegetation or natural landforms on the site provide such screening as determined by the zoning administrator. If not done properly, these uses can change the character of an area, altering the future of communities for generations. Proof that the applicant has authorization to act upon the owner's behalf. Similarly, in Virginia, a utility-scale solar facility receiving use permit approval without a comprehensive plan review may not be in compliance with state code. How should a locality properly evaluate the overall impacts of a large-scale clean energy land use on the community? Drawdown: The Most Comprehensive Plan Ever Proposed to Reverse Global Warming. Use the comments section below to tell us about any references you think are particularly important or helpful for designing, installing, or maintaining PV systems. Some communities don't want them at all, and many cities and towns don't have the land for them. Applicants for new solar energy facilities shall coordinate with emergency services staff to provide materials, education and/or training to the departments serving the property with emergency services in how to safely respond to on-site emergencies. Application requirements. Mecklenburg County, Virginia. One solar facility in a given geographic area may be an acceptable use of the land, but when multiple facilities are attracted to the same geography for the same reasons, this tips the land-use balance toward too much of a single use. At such time, the Applicant may be entitled to a return of the 10 percent cash escrow. The installation of a solar photovoltaic (PV) system is an increasingly attractive way to reduce the cost and environmental impact of producing and using electrical energy. 4. It also says in article 605.11.3.2.4 that "panels/modules installed shall be located no higher than 3 ft below the ridge to allow for fire department ventilation operations." Combined, these codes require a 3-ft clearance down from the ridge of a pitched roof to allow for fire departments to ventilate the building. Access, Pathways and Smoke Ventilation. The governing body may approve alternative methods of surety or security, such as a performance bond, letter of credit, or other surety approved by the municipality, to secure the financial ability of the owner or operator to decommission the facility. Photo by Flickr user U.S. Department of Energy/Michael Faria. Pathway structure must support fire fighters. Figure 2. In the tenth year after operation, the Applicant will have increased the value of the letter of credit to 100 percent of the decommissioning cost estimate. 2015 IRC, Section 324 Solar Energy Systems. 3. Ground cover on the site shall be native vegetation and maintained in accordance with established performance measures or permit conditions. The initial intent of industry-targeted tax credits was to act as an economic catalyst to encourage the development of green energy. The impact of inflation over decades is difficult to calculate; therefore, the posted financial security to ensure a proper decommissioning should be reevaluated periodically usually every five years or so. All existing construction on the lot, roads, streets, alleys, easements b. Since the new regulations have been put into place, no new solar applications have been received, but informal discussions with public officials and staff suggest that interest from the industry remains strong. To better mitigate the potential adverse impacts of utility-scale solar facilities, required application documents should include the following: Performance measures should address these issues: The model specific planning and zoning recommendations below outline comprehensive plan and zoning ordinance amendments, the application process, and conditions for consideration during the permitting process. CONSTRUCTION CODES AND LICENSING Required access and pathways: At least two pathways (one on street/driveway side, one on each PV array plane). Transitioning from coal plants to solar significantly decreases carbon dioxide emissions and eliminates sulfur, nitrous oxides, and mercury emissions. However, these systems can also have an impact on safety for building occupants, electrical workers, and emergency responders. These examples are from Virginia and should be tailored to localities within the context of each state's enabling legislation regarding land use. Chicago, IL 60601-5927, Phone: 312-431-9100 Setbacks are for firefighter roof access to the ridge line. While there are efficiency and "green" benefits associated with PV systems, these alternative energy systems also pose risks to buildings, occupants . 8. Many rural counties have thousands of acres of agricultural and forested properties in various levels of production. These projects require the submission of both stormwater (SWP) and erosion/sediment control (ESC) plans to comply with federal and state environmental regulations. PDF Guidance to Developing Solar on I Rhode Island Closed Landfills Utility-scale solar facilities which have reached the end of their useful life or have not been in active and continuous service for a reasonable period of time shall be removed at the owner's or operator's expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the municipality may require evidentiary support that a longer repair period is necessary. All planners have probably seen a project denied due to the politics at play with regard to other projects: "That one shouldn't have been approved so we're going to deny this one." Solar facilities can be a good use of brownfields or other previously disturbed land. Neighborhood meeting: A public meeting shall be held prior to the public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed project. The solar facility use is often pitched as "temporary" by developers, but it has a significant duration typically projected by applicants as up to 40 years. 10. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of the Applicant, including under the County's zoning powers. Agricultural and forested areas are typical sites for utility-scale solar facility uses. The arrangement of panels within a project site is also important to maintain areas conducive to wildlife travel through the site. The focus of each application should be on the potential adverse impacts of the project on the community and what can be done successfully to mitigate those impacts. Solar Energy Industry Association (SEIA). PAS Memo is a bimonthly online publication of APA's Planning Advisory Service. 9. International Fire Code, IFC, International Building Code, IBC, International Residential Code, and IRC are registered trademarks of International Code Council, Inc. Standards Lead, Emergency Response and Responder Safety, National Fire Protection Association (NFPA) 2022, The value of Standards Development Organizations, Alternative Fuel Vehicles Safety Training, Certification for Electrical Safety in the Workplace, Safety in living and entertainment spaces, Guideline on maintenance of electrical systems, Standard for the Installation of Stationary Energy Storage Systems. They then set a joint public hearing for their next scheduled meeting to solicit public comment. Most American homes require a 5kW solar power system to meet their energy needs. In addition to all State site plan requirements and site plan requirements of the Zoning Administrator, the Applicant shall provide the following plans for review and approval for the Solar Facility prior to the issuance of a building permit: 5. Prior to the County's approval of the building permit, the Applicant shall provide decommissioning security in one of the two following alternatives: Letter of Credit for Full Decommissioning Cost: A letter of credit issued by a financial institution that has (i) a credit Rating from one or both of S&P and Moody's of at least A from S&P or A2 from Moody's and (ii) a capital surplus of at least $10,000,000,000; or (iii) other credit rating and capitalization reasonably acceptable to the County, in the full amount of the decommissioning estimate; or, 10 percent of the decommissioning cost estimate to be deposited in a cash escrow at a financial institution reasonably acceptable to the County; and, 10 percent of the decommissioning cost estimate in the form of a letter of credit issued by a financial institution that has (i) a credit rating from one or both of S&P and Moody's of at least A from S&P or A2 from Moody's and (ii) a capital surplus of at least $10,000,000,000, or (iii) other credit rating and capitalization reasonably acceptable to the County, with the amount of the letter of credit increasing by an additional 10 percent each year in years 29 after commencement of operation of the Solar Facility; and, The Owner, not the Applicant, will provide its guaranty of the decommissioning obligations. Land prices tend to be much more cost-effective in rural localities, and areas located close to high-voltage electric transmission lines offer significant cost savings to the industry. The Applicant will allow designated County representatives or employees access to the facility at any time for inspection purposes as set forth in their application. Such concentrated land uses change the character of the area and alter the natural and historic development pattern of a community. 205 N. Michigan Ave., Suite 1200 In order to reduce hazards due to failure or malfunction of the PV equipment, the recommendations of the following chapter should be followed: Similar recommendations can be found in CSA Z463-18, Guideline on maintenance of electrical systems. It is important that planners consider whether the industrial nature of a utility-scale solar use is compatible with the locality's vision. Many of the examples and best practices recommended in this article, including the model language provided at the end of the article, are a result of the utility-scale solar study commissioned by the county (Berkley Group 2017) and the subsequent policies and regulations it adopted. The installation of a solar photovoltaic (PV) system is an increasingly attractive way to reduce the cost and environmental impact of producing and using electrical energy. However, the use of prime agricultural land (as identified by the USDA or by state agencies) and ecologically sensitive lands (e.g., riparian buffers, critical habitats, hardwood forests) for these facilities should be scrutinized. If any one or more of the conditions is declared void for any reason, such decision shall not affect the remaining portion of the permit, which shall remain in full force and effect, and for this purpose, the provisions of this are hereby declared to be severable. An unintended consequence has been to benefit the solar industry by saving it tax costs at the expense of localities, which don't receive the benefit of the full taxable rate they would normally receive. arrow_right. Establishing such a solar facility use may take an existing agricultural or forestry operation out of production, and resuming such operations in the future will be a challenge. Will I need other permits? See page 3 for documentation requirements. There are four primary actions that planners can pursue with their planning commissions and governing bodies to ensure that their communities are ready for utility-scale solar. In this blog post, I'll save you some digging and give you a map! the development of the recommended requirements. pipelines). A few years ago, many solar installers were caught off-guard when code updates introduced fire setbacks and pathways for roof-mounted PV installation. Concurrently, the county is in the process of evaluating its land-use policies and regulations, which were amended in late 2016 at the behest of solar energy interests. American Planning Association Who should apply for permits? As in Mecklenburg County, local regulations did not address utility-scale solar uses, so public officials asked for assistance from The Berkley Group to develop policies and regulations appropriate for their community. Industrially Zoned Land. Solar Requirement - CSLB This is not a typical or recommended practice for local governments since it tends to limit debate, transparency, and good governance, but due to the intense interest from the solar industry, coupled with the lack of land-use regulations addressing the proposed utility-scale solar uses, county officials utilized that expedited process. The following topics should be addressed for comprehensive plan amendments: In addition to, or separate from, comprehensive plan amendments, the zoning ordinance should be amended to more specifically set forth the process and requirements necessary for a thorough land-use evaluation of an application. Jobs during construction (and decommissioning) can be numerous, but utility-scale solar facilities have minimal operational requirements otherwise. ), Identification of growth area boundaries around each city, town, or appropriate population center, Additional public review and comment opportunities for land-use applications within a growth area boundary, within a specified distance from an identified growth area boundary, or within a specified distance from identified population centers (e.g., city or town limits). To ensure the structural integrity of the solar facility, the owner shall ensure that it is designed and maintained in compliance with standards contained in applicable local, state, and federal building codes and regulations that were in force at the time of the permit approval. Depending on the site orientation and the panels to be used, significant grading may be required for panel placement, roads, and other support infrastructure. . 4. Solar facility structures shall not exceed 15 feet, however, towers constructed for electrical lines may exceed the maximum permitted height as provided in the zoning district regulations, provided that no structure shall exceed the height of 25 feet above ground level, unless required by applicable code to interconnect into existing electric infrastructure or necessitated by applicable code to cross certain structures (e.g. Specific recommendations and sample language for addressing utility-scale solar in comprehensive plans and zoning ordinances are provided at the end of the article. The meeting shall be held within the community, at a location open to the general public with adequate parking and seating facilities which may accommodate persons with disabilities. In Rear Yard Setback: Shall not exceed 12 feet in height and must maintain a minimum 3 foot setback from the property line. If the County receives notice or reasonably believes that any form of security has been revoked or the County receives notice that any security may be revoked, the County may revoke the special use permit and shall be entitled to take all action to obtain the rights to the form of security. The location of utility-scale solar facilities is the single most important factor in evaluating an application because of the large amount of land required and the extended period that land is dedicated to this singular use, as discussed above. It is required that both passive and active gas vents must at least 10 feet setback away from all PV panels, transformers, and other equipment capable of generating a spark. DPS - Residential Solar Permit Process - Montgomery County Maryland 7. The document includes the following three elements: Total cost for the solar energy system, including financing and energy/power costs if applicable; How to file a complaint with CSLB; and. Solar facilities can be appropriately located in areas where they are difficult to detect, the prior use of the land has been marginal, and there is no designated future use specified (i.e., not in growth areas, not on prime farmland, and not near recreational or historic areas). The large scale of this land use, particularly when solar facilities are concentrated, also significantly exacerbates adverse impacts to the community in terms of land consumption, use pattern disruptions, and environmental impacts (e.g., stormwater, erosion, habitat). Further, the feasibility of realizing salvage value may depend on who removes the equipment the operator, the tenant, or the landowner (who may not be the same parties as during construction) as well as when it is removed. Additional resources, such as sample solar permitting forms and links to the U.S. Department of Energy solar site access, have also been included, making this 2018 ISEP the single, most comprehensive document for solar energy code provisions and standards in the nation. 8. chapter 39 power and lighting distribution. No facility shall produce glare that would constitute a nuisance to the public. Utility-scale solar facilities are large-scale uses that can have significant land-use impacts on communities. All solar panels and devices are considered primary structures and subject to the requirements for such, along with the established setbacks and other requirements for solar facilities. Insurance bonds or letters of credit seem to be the most acceptable forms of security but can be difficult to enforce as a practical matter. Install tip: Use relaxed fire pathway codes to - Solar Power World Any other condition added by the planning commission or governing body as part of a permit approval. Cultural, Environmental, and Recreational Resources. 7. Solar Panel Roof Requirements for Installation (2022 Guide) If the owner or operator of the solar facility fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the municipality may collect the surety and staff or a hired third party may enter the property to physically remove the installation. Local governments should get their planning houses in order by amending plans before the land-use applications arrive. Properly evaluating and, to the extent possible, mitigating the impacts of these facilities by carefully controlling their location, scale, size, and other site-specific impacts is key to ensuring that utility-scale solar facilities can help meet broader sustainability goals without compromising a community's vision and land-use future.
