CODE HOME RULE BILL NO. 2-14 DECEMBER 2014 SESSION A Bill Entitled: Solar Energy Systems Regulations AN ACT TO ESTABLISH REGULATIONS FOR SOLAR ENERGY SYSTEMS BY ADDING TO ARTICLE VIII, §360-59 AND BY ESTABLISHING A NEW §360-92.5 OF ARTICLE XIX OF THE CODE OF PUBLIC LOCAL LAWS OF ALLEGANY COUNTY, MARYLAND (2011 EDITION AS AMENDED) BE IT ENACTED BY COUNTY COMMISSIONERS OF ALLEGANY COUNTY: Section I. WHEREAS, the Planning & Zoning Commission of Allegany County has requested the establishment of Solar Energy Systems Regulations; and, WHEREAS, the Planning & Zoning Commission has conducted public hearings as required by the Land Use Article of the Annotated Code of Maryland. NOW, THEREFORE, in accordance with the Land Use Article of the Annotated Code of Maryland, the following additions or changes are hereby made to Articles VIII and XIX, §360, of the Code of Public Local Laws of Allegany County, Maryland (2011 Edition, as amended): SECTION II. Article VIII § 360-59. Definitions and Word Usage. A. Terms defined. As used in this Part 4, the following terms shall have the meanings indicated: (1) Zoning terms and definitions. SOLAR ENERGY SYSTEMS Panels or other solar energy devices, the primary purpose of which is to provide for the collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating. Solar panels designed and utilized for heating swimming pools are not considered to be Solar Energy Systems. SOLAR ENERGY SYSTEMS AS PRIMARY USE An energy generation facility or area of land used primarily to convert solar energy into electricity. ARTICLE XIX Home Occupations; Wind Energy Conversion Systems; Solar Energy Systems (SES) Regulations §360-92.5. A. General Requirements. (1) All solar panels shall utilize glare mitigating technology. (2) Any Solar Energy System which the County determines to be a source of noise, vibration, glare, fumes, odors, electrical interference or increased traffic inappropriate for the neighborhood will be required to prepare a plan demonstrating mitigation of said problems. (3) Solar Energy Systems utilizing Thermal production of energy shall be allowed by Special Exception in Industrial Zoning Districts only. B. Residential Accessory Solar Systems. (1) Exempt from permitting if mounted on building. (2) Permitted use if ground mounted subject to applicable setback and height requirements listed in Code § 360-86 and 87. (3) Height: Freestanding solar panels shall not exceed twenty (20) feet in height. C. Non-Residential Accessory Solar Systems. (1) Exempt from permitting if mounted on building. (2) Permitted Use if ground mounted with Site Plan Review. a. May be located in side or rear yards only, subject to applicable setback and height requirements listed in Code § 360-86, 87 and 88. b. Height: Freestanding solar panels shall not exceed twenty (20) feet in height. D. Solar Energy Systems as Primary Use. (1) Setbacks. a. Minimum all-around setback is 30 or fire separation distance. (2) Location. a. Permitted Use in the Agricultural and Conservation zoning districts on EPA-certified Brownfield land or Maryland Bureau of Mines documented reclaimed or abandoned surface mined land. b. Special Exception Use in Agricultural and Conservation zoning districts other than a. above, and in Industrial zoning districts. (3) Development Standards. a. Screening from rights-of-way of County or State maintained roads. b. Secure fencing required. c. Interconnections and power lines underground. d. Subject to special setback and height requirements for Industrial Use in Code § 360-88. e. Decommissioning and reclamation: As part of the Site Plan Approval, a description of the decommissioning and final Land Reclamation Plan to be put into effect after anticipated useful life or abandonment or termination of the project shall be required. This will include evidence of an agreement with the property owner that ensures proper final removal of power-generating equipment. SECTION III. All other provisions of the Code of Public Local Laws of Allegany County, Maryland (2011 Edition, as amended), ordinances, regulations, and orders, or parts thereof, inconsistent with the terms and provisions of this Bill, are hereby repealed. SECTION IV. AND BE IT FURTHER ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF ALLEGANY COUNTY, MARYLAND, that this Act shall become effective 45 days from the date of its passage. PASSED this 11 day of December 2014. BOARD OF COUNTY COMMISSIONERS OF ALLEGANY COUNTY, MARYLAND ____________________________________ Michael W. McKay, President ____________________________________ Creade V. Brodie, Jr., Commissioner ____________________________________ William R. Valentine, Commissioner ATTEST: _____________________________ David A. Eberly County Administrator CERTIFICATION I, David A. Eberly, County Administrator and Clerk to the County Commissioners of Allegany County, Maryland, hereby certify that the above action of the Commissioners is a part of the formal, written record of the public meeting on the 11 day of December, 2014. David A. Eberly, County Administrator S E A L
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