Substitute 1 to Ordinance

Transcription

1 Substitute 1 to Ordinance Solar Energy Systems - new to our code Minor and Major Utilities - amended Revised: NCC Land Use 09/28/17

2 Page 1 - SES - SOLAR ENERGY SYSTEM Per State Code, renewable energy sources should be encouraged A Solar Energy company is interested in locating in New Castle County No provisions exist in our Code for large Solar Energy Systems (SES).

3 Page 2 - SES - ZONING Under this Ordinance a large scale Solar Energy System (SES) would be allowed in zoning categories MM, ON, CR, BP, I, D, HI, S and SR as a Limited Use site plan with the approval decision for development being made by the Land Use Department. In S and SR zones only 85% of a parcel can be converted. Out of the 14,000 acres of SR zoning the aggregate acreage that can be converted is 1000 acres. An SES is not allowed in ST, TN, CN, SE, NC or EX. SES is not allowed on land that is in a Conservation Easement or in a Farm Preservation Program

4 Page 3 SES -Land Development If it is expected that proposed solar for a site produces over 110% of the electrical consumption on that parcel a site plan must be filed.

5 Page 4 - SES - OPACITY AND BORDERS An SES cannot be closer than 50 from a property line An SES cannot be closer than 150 from an existing dwelling unit. It must be enclosed with a barrier fence on which contact information is stated as well as any other information required by state or federal law Landscaping must contain at least 5 plant units (more than 1 plant per unit) per 100 linear feet. Must be a 4 season screening.

6 Page 5 - SES - BOND AND ABANDONMENT Prior to construction a Bond, surety letter or other financial assurance needs to be received by NCC to cover 100% of the cost of the removal, NCC must be notified if the SES is not in use for 6 months. An SES not in use for 1 year is considered abandoned.. If the SES is not reactivated the equipment needs to be removed and the property is to be restored,within 6 months, to the predevelopment condition.

7 Page 6 - SES DEVELOPMENT RIGHTS The acreage dedicated for the SES shall be subtracted from the base site area prior to conducting site capacity and concurrency analysis for any other proposed development of the property.

8 Page 7 SES - Accessory uses Residential use only Ground mounted - must be 6 feet from any side or rear lot line. Roof top - Shall not extend more than 5 feet above the surface of the roof. Will be calculated when evaluating maximum building height and if there is a ground component it will be located behind the principle structure and a minimum of 6 feet from any side or rear lot line. Non Residential: the only new section added is: Rooftop SES shall be considered when evaluating maximum building height.

9 What is the reason to update our code on Utilities? Because the Federal Energy Regulatory Commision has ordered the construction of a power line that crosses the Delaware River linking Artificial Island Nuclear Plant in Salem NJ to the Red Lion substation near Delaware. FERC has determined that there is a need for reliability through an upgraded power line that will increase the nuclear plant s capacity to reduce the length of power outages. The public first became aware of this in April 2014 through a NJ story. Because of the FERC decision and its impact on DE, the Dept of Land Use has decided to upgrade our utility Code.

10 Page 1 -- Minor Utility - New definition Any facility or structure for the local generation, transmission, distribution, treatment, disposal, regulation or storage of power, natural gas water, sanitary sewer or waste management that provides service solely within NCC. Any underground, surface or overhead structure or facility or an area of land used to generate, store, transmit, distribute or regulate electricity of no more than 230 kilovolts. Between 139 to 230 KV Excludes any SES

11 Page 2 - Minor Utility-land development plan Any new Minor Utility, which is a new utility substation that is used to transmit or distribute more than 139 KV of electricity will require a Minor land development plan to be submitted. This was previously a site plan submission. Elevated storage tanks and standpipe currently require an exploratory submission and will go before the Planning Board. Minor Utilities will be a Limited Use except for those in HI and EX where they are permitted by code.

12 Page 3 - Minor Utility - Opacity and Borders Any New substation over 139 Kv standards will have: 0.3% opacity increase in buffer yard, (from 0.3 to 0.6), with the exception that state and federal vegetation clearance distance requirements shall apply A barrier suitable to prevent unauthorized access. It must meet any applicable state or federal rules or standards. And the utility installation will be no closer than 50 feet from a property line and 150 feet from an existing dwelling unit.

13 Page 1 - Major Utility - Amended definition Any facility or structure for the regional generation, transmission, distribution, treatment, disposal, regulation, or storage of power, natural gas, water, sanitary sewer or waste management. Any underground, surface or overhead facility or structure or an area of land used to generate, store, transmit, distribute or regulate electricity in excess of 230 KV. Excludes SES

14 Page 2 - Major Utility - land development plan New Major Utility development will be required to follow the code for a Major Land Development plans/process if they are a power generating facility. All other major utility actions will use a minor land development plan. Table allows for Special Use review in all categories except for HI and I where it is classified as Limited review.

15 Page 3 - Major Utility - Opacity and Borders There will now be a 0.3% increase in opacity buffering (increasing the opacity to 0.6%) with the exception that state and federal vegetation clearance distance requirements shall apply. Must be enclosed by a barrier suitable to prevent unauthorized access. It must meet any applicable state or federal rules or standards. The utility installation cannot be closer than 50 feet from a property line or 150 feet from an existing dwelling unit. A Major Electric power generating site is a Limited Use in I and HI zoning districts only.