Template Solar Ordinance for North Carolina. Tommy Cleveland, PE NC Clean Energy Technology Center

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1 Template Solar Ordinance for North Carolina Tommy Cleveland, PE NC Clean Energy Technology Center

2 NC Clean Energy Technology Center (formerly NC Solar Center) Overview Created in 1988 as a resource for renewable energy programs and information, training, technical assistance and applied research Operated by the College of Engineering at N.C. State University Funded by the N.C. Department of Commerce (State Energy Office), and other federal and state grants Major Program Areas: Renewable Energy Clean Power & Efficiency Clean Transportation Economic Development Energy Policy Workforce Development Education & Outreach

3 Outline Solar Development in NC Planning/Zoning for Solar NC Template Solar Ordinance History Content Future

4 Solar Development in NC

5 Solar Panels Thermal Heats water instead of creating electricity Slightly thicker panels than PV Photovoltaic (PV) Converts sunlight into electricity Aka Modules

Nation s Largest Solar Thermal System is in St.

from Prestage FLS will sell solar energy at lower

6 Nation s Largest Solar Thermal System is in St. Pauls, NC Hot water for Prestage chicken processing plant 7-acre system, 2,100 panels Nine x 25,000 gallon solar tanks No capital expense from Prestage FLS will sell solar energy at lower rate than propane, over 20% savings FLS selling RECs to utility

7 PV Examples 1. Residential Rooftop 5 kw ~20 modules 2. Commercial Rooftop 900 kw ~4,000 modules ~5 acres 3. Utility Ground-mount 6.4 MW (DC), 5 MW (AC) 26,600 PV modules ~30 acres of land Source: North Carolina Clean Energy Technology Center Source: Strata Solar

10 Source: North Carolina Sustainable Energy Association

12 NC Solar PV Drivers NC Renewable Energy Tax Credit: Tax credit of 35% of system cost, requires NC tax liability to use Expires end of year Fixed Price Utility Power Purchase Agreements (PPA) for PV systems up to 5MW (AC) Federal law (PURPA) requires utilities to purchase renewable electricity, state utilities commission sets rules such as length of PPA contract and maximum system capacity Kick-Started by NC REPS Law in % Property Tax abatement Federal: 30% tax credit (2016) and Accelerated (5-yr) Depreciation See for more information on incentives

13 Planning/Zoning for Solar

14 Land Use: Aesthetics Source: Adam Lovelady, UNC School of Government

15 Land Use: Operations Noise Traffic Stormwater Source: Adam Lovelady, UNC School of Government

16 Land Use: Safety Materials Glare Traffic Electricity Source: Adam Lovelady, UNC School of Government

17 Defining Solar Less Important Factors Thermal v. PV Energy Consumption More Important Factors Accessory v. Principal Roof v. Ground Source: Adam Lovelady, UNC School of Government

18 Solar as Principal Use Districts Industrial Agricultural Res/Ag Commercial Source: Adam Lovelady, UNC School of Government

19 Principal Use: Screening and Fencing Source: Adam Lovelady, UNC School of Government

20 Principal Use: Decommissioning Source: Adam Lovelady, UNC School of Government

21 Solar as Accessory Use Source: Adam Lovelady, UNC School of Government

22 Source: Adam Lovelady, UNC School of Government

23 Solar Accessory to Residences 153A-144 and 160A-201 of the North Carolina General Statutes local ordinances may not prohibit (directly or indirectly) solar accessory to residential uses, but local ordinances still may require screening and restrict location Source: Adam Lovelady, UNC School of Government

24 Roof-Mounted Height Source: Adam Lovelady, UNC School of Government

25 Ground-Mounted Height Source: Adam Lovelady, UNC School of Government

26 Is it accessory? Source: Adam Lovelady, UNC School of Government

27 Competing Interests Screening Tree Ordinances Historic Preservation Source: Adam Lovelady, UNC School of Government

28 Moving Ahead: Solar Access Solar access permits Solar setbacks Source: Adam Lovelady, UNC School of Government

30 NC Template Solar Ordinance

The family is planning to host two five-megawat solar farms on their property. Photo by Glenn Sides. By TED M.

31 County Board Rejects Solar Farm Plans Published: 05:39 AM, Fri Apr 12, 2013 Opposition to solar farms mounts in Cape Fear region Gene Harris (left) and Bill Harris, owners of Sandhills Turf. The family is planning to host two five-megawat solar farms on their property. Photo by Glenn Sides. By TED M. NATT JR. As of Wednesday, May 15, 2013 Strata Solar, which operates a solar panel field in Shannon, above, was denied a permit by the Laurinburg Planning Board in March.

32 Template Solar Energy Development Ordinance for North Carolina Published Dec. 18, 2013

33 What is a Template Ordinance? Creates a unified approach towards solar development Establishes easily adopted language for local governments to implement Includes provisions and law that addresses concerns relevant to North Carolina

34 Stakeholder Written

38 Conditional Use Permits and Special Use Permits Require a quasi-judicial hearing Most NC jurisdiction use the following four general standards: 1) Does not materially endanger the public health or safety; 2) Meets all required conditions and specifications; 3) Would not substantially injure the value of adjoining property or be a public necessity, and 4) Will be in harmony with the area in which it is located and be in general conformity with the comprehensive plan.

41 7. Aviation Notification The requirements below apply only to Level 1, 2, & 3 systems over half (½) an acre in size: a.a map analysis showing a radius of five (5) nautical miles from the center of the SES with any airport operations b.for consideration of potential impacts to low altitude military flight paths, notification of intent to construct the SES shall be sent to the NC Commanders Council at least 30 days before the CUP/SUP hearing for Level 3 SESs and at least 45 days before starting construction for applicable Level 1 & Level 2 SESs. c.the latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its user s manual to evaluate the solar glare aviation hazard. The full report shall be sent to the authority indicated below at least 30 days before the CUP/SUP hearing for Level 3 SESs and at least 45 days before starting construction for Level 1 & Level 2 SESs.... a. Airport operations at airport in the National Plan of Integrated Airport Systems (NPIAS) within 5 nautical miles of the center of SES: provide required information to the Federal Aviation Administration s (FAA) Airport District Office (ADO) with oversight of North Carolina b. Airport operations at airport not in the NPIAS, including military airports, within 5 nautical miles of the center of SES: provide required information to the NC Commanders Council for military airports and to the management of the airport for non-military airports

42 9. Levels 2 & 3 Solar Energy System Requirements These requirements are in addition to height, setback, aviation notification, and applicable district standards. a.site Plan A site plan14 shall be submitted to the Zoning Administrator demonstrating compliance with: 1.Setback and height limitations established in Tables 2 and 3, 2.Applicable zoning district requirements such as lot coverage, 3.Applicable solar requirements per this ordinance. b. Visibility 1.SESs shall be constructed with buffering as required by the applicable zoning district or development standards (see Appendix J for solar visual buffering example standards). 2.Public signage (i.e. advertising, educational, etc.) as permitted by local signage ordinance, including appropriate or required security and safety signage. 3.If lighting is provided at site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or the night sky. Motion sensor control is preferred.

44 c. Decommissioning (see Appendix G for a sample decommissioning plan and Appendix H for example abandonment clause and information on decommissioning) i. A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application. 1. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, etc.) 2. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations 3. Restoration of property to condition prior to development of the SES. 4. The timeframe for completion of decommissioning activities. 5. Description of any agreement (e.g. lease) with landowner regarding decommissioning. 6. The party currently responsible for decommissioning. 7. Plans for updating this decommissioning plan. i. Before final electrical inspection, provide evidence that the decommissioning plan was recorded with the Register of Deeds.

46 go.ncsu.edu/template-solar-ordinance Template Ordinance for Solar Energy Development in North Carolina, includes executive summary, introduction, 30 stakeholders available for contact, sources of support for local governments, the template ordinance, and appendices of supporting information) Letter to Membership of North Carolina Association of County Commissioners, North Carolina League of Municipalities, and the North Carolina Chapter of the American Planning Association and communities across North Carolina Report on The Development of the North Carolina Template Solar Ordinance, a summary of the process of developing the ordinance and the history of changes in each section of the template.

47 Promotion and Outreach

48 Allen Burchett, ABB, Inc John Monaghan, Piedmont Natural Gas Markus Wilhelm, Strata Solar Kenny Habul, SunEnergy1 Lee J. Peterson, Esq., CohnReznick, LLP Kerry Henderson, Gibbs & Soell Thank you to our Industry Advisory Council Ralph Thompson, Holocene Energy Jason Epstein, Baker Renewable Energy Lyle Estill, Piedmont Biofuels John Jessup, N.C. Propane Gas Association Tim Gasper, Brady Energy Services Brian O Hara, Southeastern Coastal Wind Coalition

49 Thank you for your attention

50 STRATA SOLAR 6.4 MW SOLAR FARM SOLAR OVERVIEW

51 STRATA SOLAR 6.4 MW SOLAR FARM EXAMPLE PROJECTS 2

52 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR NC FOOTPRINT 3

53 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR MARKET SHARE COMISSIONED PROJECTS 4

54 STRATA SOLAR 6.4 MW SOLAR FARM NC IS #3 MARKET FOR SOLAR 5

55 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR ECONOMIC IMPACT 1. Tax Base for Local Communities 2. Direct Expenditures in Communities 3. Income for Farmers/Land Owners 4. Supply Chain Growth 5. Jobs, Jobs, Jobs 6

56 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR TAX BASE FOR LOCAL COMMUNITIES Most solar farms are in rural, low-wealth counties $10 - $20 million investment Few if any additional services required No new roads No new schools No new sewer and water Some counties report that solar farms are the first significant increase they have seen in their tax base in almost a decade The tax revenue for a solar farm is 2-8 times the revenue from prior use 7

57 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR DIRECT EXPENDITURE IN COMMUNITIES A typical 6.4 MW farms means $1 million expenditure in the local community Half is pay roll of local installers (see job creation slide) Half is purchases of local goods and services e.g. Fuel, Food, Lodging, Supplies, Rental Equipment 8

58 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR INCOME TO LANDOWNERS Land owners can earn more for leasing their land to solar farms than any other use, except for real estate development Lease provides long term steady income for years without the vagaries crop prices and the weather. Land can revert to original use at the end of the lease 9

59 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR SUPPLY CHAIN Schletter Racking manufacturer moved HQ to Shelby with 250+ manufacturing, sales, engineering and management. City Electric - Local electric supply house has become the highest grossing location in their 370 store network Fortress Fence - expanded business more than 10X 10

6.4 MW solar farms requires 60 80 installers

Strata s cluster strategy leads to sustained

60 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR - JOBS A typical 6.4 MW solar farms requires installers for 11 weeks. Strata s cluster strategy leads to sustained employment for many who are displaced construction workers. Strata has hired and trained 2,000+ installers 11

61 STRATA SOLAR 6.4 MW SOLAR FARM STRATA SOLAR SITE DEVELOPMENT CRITERIA 1. Willing Landowner 2. Access to Grid Proximity to 3 phase power line Cost of system upgrades 3. Site Conditions Wetlands, Soils, Terrain, Current Vegetation 4. Local Requirements Zoning/Permitting Lead-time & Predictability Unique Requirements or Restrictions 12

62 STRATA SOLAR 6.4 MW SOLAR FARM SOLAR OVERVIEW

The Development of the North Carolina Template Solar Ordinance

The Development of the North Carolina Template Solar Ordinance I. Introduction The template solar development ordinance for North Carolina was created to provide guidance for local jurisdictions towards