Sec. 18-624.A, 18-625.A, 18-626.A, 18-627.A, 18-628.A, 18-630.A, 18-631.A

Should property proposed as part of a utility scale solar energy project be included in a voluntary agriculture and forrestal district, a request to withdraw the property from said district shall be submitted and approved in advance.

A Phase I archaeological study ... shall be undertaken for all developments described above.

The following activities may be permitted within the buffer: a. Vehicular access drives ... b. Landscaping ... c. Security lighting ... d. Fencing ... e. Signage ... f. Utility lines ... g. Erosion and sediment control/stormwater management measures.

The board of supervisors may modify the buffer area as it deems necessary to ensure adequate screening to comply with this standard.

All landscape material must be certified nursery stock, so as to ensure invasive species and insects are not in the material.

Clear-cutting and grading of the development zone shall be prohibited, except in areas where panels, internal paths, and equipment are to be installed.

An assessment of the impact on the immediate vicinity of the proposed utility scale solar project as well as the greater Southampton County community shall be prepared and submitted.

Such notice shall be mailed so as to be delivered at least five (5) and no more than twenty-one (21) working days prior to the community meeting.

Notice ... shall be delivered by first class mail to all property owners as noted in Southampton County tax records within one (1) mile of the perimeter of the project.

Such meeting shall take place no more than six (6) months prior to complete submittal of an application.

Prior to submittal of an application, the applicant shall hold a meeting to inform the community about the planned utility scale solar installation.

Notwithstanding any provisions related to the timing and validity of site plan approvals set forth in the Code of Virginia, construction shall commence within twelve (12) months from the date of approval of the conditional use permit or the conditional use permit shall be void.

construction shall commence within twelve (12) months from the date of approval of the conditional use permit or the conditional use permit shall be void.

The board of supervisors may grant the extension, based upon satisfactory evidence that the applicant has proceeded in good faith with the permitting process.

the owner may request a one-time extension from the board of supervisors for an additional twelve (12) months to commence construction.

Not less than six (6) months prior to the expiration date of the original conditional use permit, the owner may request a one-time extension from the board of supervisors for an additional twelve (12) months to commence construction.

The county reserves the right to enter the property up to three (3) times per calendar year for unannounced inspections.

Project owners and any landowners on which a major solar facility is located, in applying for a site plan approval, acknowledge the county's ability to enter their property to effectuate decommissioning.

Agricultural ready condition means the property is ready for agricultural/silvicultural use at the beginning of the next growing cycle.

Estimates shall determined by an engineer licensed to practice in the Commonwealth of Virginia.

An administrative fee in the amount of one thousand dollars ($1000.00) shall be paid with the delivery of the estimate.

If at any time the county has questions or concerns about the decommissioning cost estimate, then the county may prepare its own decommissioning cost estimate with the cost to be borne by the owner(s) of the facility.

All fences, access roads or other non-utility improvements shall be removed unless an executed agreement is provided to the community development department indicating that the property owner agrees for these improvements to remain.

Southampton County shall be named as additionally insured on bonds/surety/insurance policies.

Any changes to the ownership of the project shall require an updated plan and surety reflecting same.

A decommissioning plan signed by the project owner and binding upon their successors and assigns.

Elements shall include, but are not limited to: a. The anticipated life of the project. b. An equipment and materials analysis ... c. The estimated decommissioning costs ... d. The method for ensuring that funds will be available ... e. The anticipated timeline and manner in which the project will be decommissioned.

The instrument shall identify the street addresses, parcel number(s), owners of record, deed book and page number, and identify the location and availability of the approved decommissioning plan.

The site plan and any siting agreement shall be recorded in the land records of the Clerk of the Circuit Court of Southampton County.

The decommissioning plan shall be referenced in either the site plan, the siting agreement or both as applicable.

A decommissioning plan signed by the project owner and binding upon their successors and assigns, who shall be responsible for decommissioning the project.

Proof of recordation shall be provided to the director of the community development department prior to site plan approval.

Decommissioning shall include removal of all solar panels, footers, foundations, structures, cabling, electrical components, conduit, and any other associated facilities and equipment.

Decommissioning shall include removal of all solar panels, footers, foundations, structures, cabling, electrical components, conduit, and any other associated facilities and equipment as described in decommissioning plan, both above and below the surface of the Earth.

Decommissioning shall be required following a continuous period of twelve (12) months of the cessation of use for the electrical power generation or revocation of the special exception permit, whichever shall first occur.

The board of supervisors may modify the provisions of section 18-630.A provided the board finds that the amended provisions protect the public health, safety and general welfare.

New and/or relocated on-site electrical interconnections and powerlines shall be installed underground unless otherwise approved by the board of supervisors.

In the event of emergencies in which damage to person or property has occurred or is imminent, the right of access by county representatives shall be immediate.

All Southampton County Fire and Rescue Departments shall be provided emergency response training by the owner or its assigns prior to commencement of commercial operation.

All Southampton County Fire and Rescue Departments shall be provided emergency response training by the owner or its assigns prior to commencement of commercial operation.

The intended end user(s) of the electricity generated by the project. No speculative projects will be considered.

Project owners and any landowners on which a utility scale solar project is located acknowledge that nothing herein shall limit other rights or remedies available to the county to enforce the obligations of the applicant.

All solar photovoltaic (electric energy) projects, shall utilize generally accepted national environmental protection and product safety standards for solar panels and battery technologies.

In areas having excessive slopes or having highly erodible soils, no roads, driveways, structures, or land disturbing activities shall be allowed except where no other practical option exists.

The subject properties shall be served by an existing electrical transmission/distribution line, so as to not require an extension to connect to the receiving line.

The project shall comply with all applicable federal and state regulations.

Fencing shall be as required by the National Electric Code.

It shall be screened from exterior view from occupied adjacent properties and public rights-of-way.

The development shall comply with article XIV of the Southampton County Code.

All construction within flood plain areas shall be in accordance with the requirements of erosion and sediment control chapter of the Southampton County Code and the most recent version of the Virginia Uniform Statewide Building Code.

If forested land is to be included, the requirements of the Virginia Department of Forestry BMP standards shall be included.

the owner of the solar energy facility ... shall prepare and implement a corrective plan of action that is acceptable to the county sixty (60) days after notification of the issue.

In the event that glare is identified as an issue after construction, the owner ... shall prepare and implement a corrective plan of action that is acceptable to the county.

All solar collection devices shall be located to avoid directing glare or reflection onto adjacent properties and roadways.

A description of the upgrades or improvements to the current electrical grid required to support the proposed solar energy facility.

Ground water monitoring shall take place every five (5) years of the operation of the project.

Results from said monitoring shall be delivered to the Southampton community development department.

Ground water monitoring to assess the level of groundwater contamination shall take place prior to, during, and upon completion of construction of the project throughout the area of the utility scale solar project.

any utility scale solar installation comprising twenty-five (25) acres or more in any location in the county shall prepare and submit the studies and reports.

any utility scale solar installation comprising twenty-five (25) acres or more in any location in the county shall prepare and submit the studies and reports in the manner specified below.

Upon written request from the developer, the board of supervisors may waive any of the above requirements for community, environmental, or historic resource analyses deemed not to be necessary for the proposed project.

Invasive species plans and pest management plans specific to the site for both insects and vegetation, prepared by a licensed landscape architect or certified agronomist or equivalent, shall be incorporated into all landscape plans.

Annual inspection of the landscaping and ground cover shall be made by a licensed landscape architect and a report provided to the community development department.

The required landscape bond may be utilized by the county to abate the condition should the operator fail to do so.

plantings shall be installed during the first available planting season following issuance of a land disturbing permit.

Such landscape plans shall be approved by the county.

Any dead, diseased, or dying vegetation shall be replaced in accordance with the specification of the maintenance plan in the first planting season after such replanting is required.

Proof of adequate liability insurance for the project, which shall be maintained throughout the life of the project.

Except for site entrances, all lighting shall be internal to the facility.

All lighting shall be source shielded and downcast to prohibit glare onto abutting properties.

In no case shall the permit be extended beyond twenty-four (24) months.

Motion sensitive lighting shall be utilized to the maximum extent possible.

A narrative describing the proposed utility scale solar energy project, including how it meets the purposes and intent noted in the Comprehensive Plan and this article.

Native vegetation and pollinator species shall be incorporated into landscape plans and natural areas to the extent possible.

It is preferred that natural areas be retained to meet some or all of the buffer requirements.

A natural resources inventory ... shall be required for all properties seeking a zoning map amendment and/or conditional use permit and/or site plan approval request for a utility scale solar installation.

During construction, noise shall be minimized using acceptable industry practices for back-up alarms that do not emit traditional warning sounds.

The applicant is responsible for having a site-specific in-field determination for perennial flow made by a qualified professional.

Such plan shall show in general how the property will develop so as to be able to discern the timing for necessary infrastructure extension.

As part of the master plan submitted for review ... a phasing plan shall be provided.

The preliminary site plan and supporting documentation shall demonstrate that the project meets the design and development standards set forth in article XX of the zoning ordinance.

including the National Sanitation Foundation/American National Standards Institute No. 457, International Electro technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2.

Documentation evidencing control over the properties for the intended use, including decommissioning.

the location of residences within three hundred (300) feet of the perimeter of the facility.

The board of supervisors may modify the setbacks of section 18-628.A as it deems necessary to ensure adequate buffer yards and screening.

Site access shall be designed to mitigate site visibility from the public road, residences, schools, places of worship, properties on a historic register or listing, and state scenic rivers.

Any required siting agreement shall be approved by the board of supervisors prior to submittal of an application.

No speculative applications will be accepted.

The board of supervisors may modify the standards of section 18-627.A upon application for an approval of a conditional use permit.

Stormwater management plan as required by chapter 13.5 of the Southampton County Code.

Applications for utility scale solar energy projects shall require a technical review that will be conducted by a consultant selected by the county. Any fees associated with performance of this review will be paid by the applicant.

Topsoil is not permitted to be removed from the property.

All existing or planned intersections ... located within five hundred (500) feet of the proposed development ... shall be considered.

The developer shall be responsible for paying all review fees required by the Virginia Department of Transportation for the review of traffic impact statements.

The submitted traffic impact analysis shall contain the information and analysis and be in the format as required in 24 VAC 30-155, as amended.

using the Trip Generation Manual (Institute of Transportation Engineers, Seventh Edition or as it may be amended from time to time).

a traffic impact analysis shall be prepared and submitted to the agent at the time of request for a zoning map amendment and conditional use permit for a utility scale solar project.

Sourcing all equipment from facilities located in the United States is encouraged.

A statement signed by the applicant that the electrical utility provider or regional transmission authority has been informed of the applicant's intent to install an interconnected project.

Wetlands delineation shall be performed in accordance with the comprehensive onsite determination method specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987.

Breaks in fencing shall be provided to facilitate wildlife movement corridors where necessary to address findings and recommendations of the studies.

The development area shall not include any area in an identified 100-year floodplain, except as minimally necessary for service utility or access road crossing areas.

All site development shall be performed in phases so that not more than fifty (50) percent of the land disturbance areas reflected on the site plan shall be disturbed without stabilization at any time.

slopes exceeding fifteen (15) percent and/or slopes defined as critical slopes by the Virginia Erosion and Sediment Control Handbook, shall not be disturbed.

Four (4) foot tall landscaped berms planted with grass shall be required as necessary abutting all public rights-of-way.

a fifty thousand dollar ($50,000.00) landscape bond shall be submitted that remain in effect for the life of the project.

Prior to the issuance of the first land disturbance permit, appropriate surety equal to fifty (50) percent of the cost of the installation of the landscaping for the entire project shall be submitted.

Such ground cover or grass is limited in height to twelve (12) inches by Southampton County Code section 10-48.

If non-native species must be utilized, such planting shall not constitute more than twenty five (25) percent of all new plantings.

Opaque screening to a height of eight (8) feet within three (3) years of installation must be provided along these areas.

The maximum height of any light structure shall not exceed twenty (20) feet along the exterior boundary or within the approved setback/buffer areas.

The maximum height of any light structure shall not exceed ... thirty-five (35) feet in the interior.

The hours of operation of post-driving and other construction equipment shall be limited to sunrise to sunset, Monday through Saturday.

The project upon completion shall not exceed the noise limitations throughout Southampton County at the exterior boundary of the properties.

A revised engineer's estimate of probable cost of decommissioning shall be submitted for review approval every five (5) years.

Decommissioning shall be required following a continuous period of twelve (12) months of the cessation of use ... The owner shall have not more than twelve (12) months to complete decommissioning.

inverters and transformers set back at least two hundred and fifty (250) feet, from existing dwellings, schools, places of worship, state scenic rivers, and rights-of-ways.

The total land area devoted to utility scale solar projects shall be no more than one (1) percent of the area of Southampton County.

The maximum rated nameplate capacity of any utility scale solar energy project shall be no more than one hundred (100) megawatts (MW).

Within the required exterior setbacks, a minimum of one-half the setback shall provide a buffer area on all sides of the project.

If the adjacent parcel includes a residence, a place of worship, a structure with documented historical significance, a cemetery, or a school, the minimum buffer width shall instead be one hundred (100) feet.

No utility scale solar energy project shall be located within five (5) miles of another major solar energy project permitted under this section.

Any utility scale solar energy project shall be located in its entirety at least one (1) mile from the corporate limits of any incorporated town or city.

The minimum rated nameplate capacity of any utility scale solar energy project shall be at least twenty (20) megawatts (MW).

the applicant shall provide the county with a performance guarantee ... in the amount of one-hundred (100) percent of the estimated decommissioning cost, with no allowance for salvage value.

New substations or connector stations shall be set back at least five hundred (500) feet ... from existing dwellings, schools, places of worship, state scenic rivers, and rights-of-ways.

Signage shall be limited to a notification sign placed at each site entrance and at locations along the exterior fence that states (a) the rated nameplate capacity, (b) the name of the project owner, and operator (if different from the owner), (c) the street address of the site, and (d) a 24-hour emergency contact phone number for the operator.