Sec. 98-878

The design of support buildings and related structures shall, to the greatest extent possible, use materials, colors, textures, screening and landscaping that will screen the solar generation facility use from surrounding homes or surrounding commercial and industrial structures.

Solar generation facility or energy storage project structures shall not exceed 25 feet, measured from the highest natural grade below each solar panel or structure.

Lighting shall be the minimum necessary for safety and/or security purposes and shall use shielded fixtures to minimize off-site glare toward public rights-of-way and adjacent properties, and shall be limited to one-foot candle at the property line.

If the project or solar generation facility is inactive completely or substantially discontinuing the storage and/or delivery of electricity to an electrical grid for a continuous 6-month period it shall be considered abandoned.

These facilities or projects shall not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard to or interfere with airport operations.

In areas where there is existing, native vegetation, clearing shall be prohibited in the first 25 feet of the setback, with the exception of entrances or other necessary easements.

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 or facility.

A decommissioning plan shall be developed by the applicant, owner or operator prior to the approval of a site plan being issued for an energy storage project or a solar generation facility.

If it is reasonably suspected that the energy storage project or solar generation facility is materially disrupting other utility transmissions (emergency radio system, SCADA system, telephones, internet service, televisions, etc.), the owner of the energy storage project or solar energy facility shall conduct an EMI study or equivalent to confirm whether the project or facility is causing such disruption.

A landscape plan shall be developed by the applicant, owner or operator and provided to the county at the same time as a site plan is required.

The meeting shall be held within the county, at a location open to the general public within the community of the proposed site, with adequate lighting, parking and seating facilities, and which can accommodate persons with disabilities from the general public and media.

The date, time and location of the meeting shall be advertised in a newspaper of general circulation in the county by the applicant, and at the applicant's expense, at least seven but no more than 14 days, in advance of the meeting date.

The applicant shall notify the planning department, adjacent property owners, and property owners within a one-mile radius of the project in writing of the date, time and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date.

The remaining 25 foot width shall be planted with one large evergreen tree, two medium evergreen trees, and three small deciduous or ornamental shrubs for every 15 linear feet. If there is no existing vegetation, the planting quantities shall be doubled for every 15 linear feet.

The applicant shall provide the planning department with a summary of any oral or written input received from members of the general public and media at the community meeting within two weeks after the meeting.

The project or facility shall be enclosed by security fencing not less than six feet in height, and shall be designed to preclude trespassing, and shall be marked with the appropriate warning signs by the operator of the project or facility.

New plantings of deciduous or ornamental shrubs shall have a spread of no less than 24 inches.

The applicant shall provide the county with acceptable social media postings containing the specifics of the meeting and contact information, for distribution across the county's available social media platforms and website.

Unless the energy storage project or solar generation facility is owned by a public utility within the Commonwealth of Virginia, the gross costs of decommissioning shall be secured by an adequate surety in a form agreed to by the county attorney, including, but not limited to, a letter of credit, cash or a guarantee by an investment grade entity, posted within 30 days of the project receiving its site plan approval from New Kent County.

If an adequate surety is required, the cost estimates of the decommissioning shall be updated at least every five years by the applicant, owner or operator, and provided to the county.

New plantings of evergreen trees shall be a minimum of six to eight feet in height and a caliper of at least 2.0 inches.

All newly installed utilities (including, but not limited to: electric, fiber, cable and telephone lines serving the site) which are visible from the ground-level view shall be screened from view or shall be placed underground, unless prohibited by the state/federal agency regulating them.

A vegetated buffer zone within the setback area of at least 50 feet in width, measured from the property line, shall be maintained.

A minimum 200-foot setback from all exterior property lines, except from adjoining residentially-zoned properties, shall be required for placement of all inverters associated with a solar generation facility.

A minimum 100-foot setback, which includes a 50-foot planted buffer as described in (2)e., shall be maintained from an energy storage project or component of the solar generation facility, including security fencing, to any property line and transportation right-of-way.

A minimum 150-foot-setback, which includes a 50-foot planted buffer as described in (2)e., shall be maintained from an energy storage project or component of the solar generation facility, including security fencing, to any residentially-zoned property line.