Planning Commission amends solar energy ordinance
Frankie Jernigan, Darlington County Planning Commission Board Member at the December 2016 meeting
Photo by Jana E. Pye
By Jana E. Pye, Editor, editor@newsandpress.net
Darlington County Planning Commission met on Tuesday, December 20th, tasked with revising Ordinance #16-19 Article 19, Renewable Energy Systems – to update the verbiage, clarify the process and regulations for the ordinance that has been discussed exhaustively in public meetings over the past year.
Two community members speaking against solar energy farms approached the commission during the citizen’s comment portion of the meeting, including Hal Johnson, a Byrdtown resident that had requested a setback of 500’ from the property line, panels to be no more than 80% of the height of the buffer, and require a bond for decommissioning costs.
They were followed by personal appearances by individuals in favor:
• Robert Culpepper, representing his family who have farmed in Darlington County for over 50 years and have expressed a desire to use a portion of their family farmlands for a future solar farm. His parents, Rollins and Nancy Culpepper joined him at the meeting
• Lesley Williams, Director of Land Acquisition & Commercial Sales, Southern Current, LLC of Charleston, S.C.
• Jon Davis, Managing Partner of Capital Solar Development, LLC of Raleigh N.C.
Culpepper told commission members that his father is now retired; the family rents out their land to farmers and will continue to do so; “That said, our family has entered into leases with developers of solar energy systems.” he said. “We’ve done so as a means of diversifying our family business, and we firmly believe that we have a right, as landowner, to develop our land in a lawful, peaceful, and progressive way.”
He went on to share that the General Assembly had passed a law promoting the development of renewable energy resources in South Carolina two years ago – making the development of solar energy in Darlington County consistent with state policy.
Regarding the proposed ordinance, Culpepper urged commission to consider the suggestions made to them by industry experts, many of whom have addressed the council and provided documentation of successful sites in other states.
“There is a solar energy system that is operating just a few miles from here,” continued Culpepper. “That solar energy system was constructed and is operating without any apparent issue, protest, or complaint under the county’s existing ordinance. If it ain’t broke, don’t fix it.”
Rollins, Nancy, and son Robert Culpepper after the Darlington County Planning Commission’s December 2016 meeting.
Photo by Jana E. Pye
Williams shared recommendations in line with other adopted development ordinances, using industry experts and best practice models for solar development regulations. Her company (Southern Current, LLC) currently has approximately 400 mw (megawatt) projects under some form of development in South Carolina, and other states throughout the southeast including NC, SC, FL, GA, AL, MS, TN, and KY. “North Carolina is the second highest number of solar developments in the U.S. behind California,” she said. “They were very instrumental in drafting an ordinance that was adopting by a number of town and county members. Based on industry experts and outreach to the public, many of the recommendations that we have put forward to the package you have to the ordinance have come directly from that ordinance. They are industry standard and widely accepted.”
Davis of Capital Solar spoke to commission next; he referenced the workshops where he and other industry experts discussed property values, noise, complaints, etc. “In my years of doing this, it’s mainly been N.C. as they have a very robust as far as solar,” he said. “The concerns are basically the same. As far as decommissioning goes, that is way down the road because no one has gotten to that point. You could say some may not be since they are not making more land …panels can just be replaced.”
He said contracts have decommissioning in the plan, but since everything is recyclable they would have no issue. “The only problem I see is the setback from the residence. I really feel that is large. 500’ is 166 yards…like a long par 3 in golf. You really waste a lot of land for the owner. We are not here to just put something here and act like bandits to the community. We are here for the long haul. We want to put something good for the area.” He added that there won’t be many to begin with as they must be on the grid, either on distribution or on transmission and follow the lines. He recommended 50 feet from property lines and 100 feet from residential structures. “Any time you take any kind of project and move it back from the road, you will see more of the project. If there is any kind of downslope you will see more over the top of your planted buffer into your facility. It’s common sense; if you want to hide something, bring your planted buffer closer to you and hide the structures.” He added that the 500 feet setback has never been seen in N.C.
For decommissioning, he noted, he didn’t mind posting a letter of credit as each contract with individual property owners has a clause added to address decommissioning plans anyway.
When commission Chair Chad White asked about completion times, Davis said it all hinges on Duke Energy.
“Duke Energy is always a moving target,” said Davis. “They have not approved a project since May. Normally it takes two years for a Duke project; it’s gotten strained the past few years.”
County administrator Charles Stewart cautioned commission that the timeline for projects will go according to how the ordinance is finally written.
Staff reports: Terri Cribb provided the commissioners a copy of the Green Infrastructure Plan for their information; they will be presenting it the County Council’s January meeting.
The newest commissioner William Hudson, who was appointed at the December County Council meeting, attended his first meeting; he will be representing District 3.
Commissioner Frankie Jernigan addressed his fellow commissioners, telling them he’d like to make a motion about the setback rule. “We’ve taken a visit to the new solar panels, we’ve talked to land owners, we’ve talked to investors, we’ve talked to homeowners, we’ve been bombarded by so many things,” he said. “But after looking at all this, I want to make a motion to change the setback to 50 foot from property line, and 200 feet on residences.” It was seconded and all voted in favor.
Charles Stewart asked they clarify the motion, to provide the definitions of the setback.
Motion was amended to read: setback to 50 feet from property line; and 200 feet from residential structure to solar panel.
Solar farms must have a setback of 50 feet from solar panel to property line or public right of way, and 200 feet from panel to closest residence. The decommissioning stayed as written.
County Council will revisit the Ordinance at their meeting on Tuesday, January 3, 2017 at 6 p.m.