Standards Designed to Stop Solar
Approximately forty local landowners, along with other interested citizens who appreciate the potential of well-regulated solar have formed a group we call Limestone Solar.
We have identified 38 changes to improve the JPC’s Sept 2021 draft solar ordinance. These changes are modeled on the KY Model Solar ordinance and the Dec 2020 draft solar ordinance circulated by Judge Pfeffer.
This page discussed – Eliminating Duplicate and Unnecessary Standards
The Oct 2021 Draft proposed – “414.10 Other Applicable Standards
- B. Lighting
- Lighting of SES shall be limited to the minimum necessary for safe operation, and shall be directed downward, incorporate full cut-off features, and incorporate motion sensors where feasible. Lighting shall be designed to avoid light trespass and prevent glare. Nothing in this Ordinance is intended to preclude installation of lighting required by the Federal Aviation Administration
- D. Sewer and Water
- All facilities or structures that are part of the industrial scale SES project shall comply with the existing septic and well regulations as required by the Mason County, Kentucky Health Department and/or the State of Kentucky Department of Public Health.
- E. Noise and Vibration
- No SES or ancillary structure shall be located so as to create a decibel level greater than 30 dBa at the property line of the parcel in which an SES the turbine is located and also less than 50 dB(C) at the property lines of the parcel in which an SES the turbine is located.
- The application shall include a pre-construction sound study that establishes the ambient sound conditions in the proposed project area and surrounding the project area with a perimeter of one mile. The sound study shall be performed by a certified independent acoustical engineer. The sound study must provide a description of the testing, sampling and process methodology used in determining the ambient measurement. The firm with which the engineer is associated shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the independent acoustical engineer shall be a Member, Board Certified of the Institute of Noise Control Engineering of the USA.
- Within twelve months after the date when the project is fully operational the operator shall conduct a two phased post-construction sound study conducted by an independent accredited sound engineer chosen by the Planning Commission
and paid for by the applicant/owner. Post-construction sound level measurements shall be taken both with all solar arrays running and with all solar arrays off. The post-construction measurements shall be reported to the Planning Commission and made available for public review. - If sound measurements from the post-construction analysis show levels above what is permitted by the ordinance, the operator shall take all necessary steps to remediate the problem.
- H. Utility Interconnection
- The SES, if interconnected to a utility system, shall meet the requirements for interconnection and operate as prescribed by the applicable regulations and/or tariffs of the electrical utility or any other regulatory body with jurisdiction, as amended from time to time.
- I. Signage
- All signs pertaining to an industrial scale SES project must comply with Section 411, Sign Regulations, unless otherwise specified as follows:
- No sign shall exceed sixteen (16) square feet in surface area except development signs.
- No sign shall exceed eight (8) feet in height.
- The manufacturer’s or owner’s company name and/or logo may be placed upon the compartment containing the electrical equipment in accordance with customary practice.
- An identification sign relating to the SES Project development shall be located on each side of the total SES Project area. There shall be at least one sign for every quarter-mile of fencing along the edge of the project footprint no less than four (4) and no more than six (6) signs. Development signs must be sized and placed in
compliance with Section 320.411 and must include seven (7) day per week contact information to reach a responsible representative of the operator with authority to resolve problems associated with development of a SES Project. - No other advertising signs or logos shall be placed or painted on any structure or facility with the exception of an identifying sign at the operation and maintenance facility.
- All signs pertaining to an industrial scale SES project must comply with Section 411, Sign Regulations, unless otherwise specified as follows:
- J. Feeder lines
- Feeder lines (lines at distribution levels) installed as part of any SES shall not be considered an essential service. To wit, all communications and feeder lines installed as part of any SES shall be buried underground wherever possible.
- K. Other appurtenances
- No appurtenances other than those associated with the SES construction, operations, maintenance, decommissioning/removal, and permit requirements shall be connected to any SES structure except with express, written permission by the Board of Adjustment
These standards provide multiple examples of the Stop Solar group trying to pile on as many standards as possible in an attempt to make solar impractical in Mason County.
Let us review the sections whose only apparent purpose it to “stop solar” with a multitude of requirements that simply raise cost.
- A. Solar Access.
- Consistent with KRS 381.200(2), a property owner may obtain a solar easement from another property owner for the purpose of ensuring adequate exposure to sunlight for a Ground Mounted SES. Such easement shall be recorded.
- B. Lighting
- SES are designed to absorb light. No evidence has been presented of any reason lighting regulations for an SES should not confomr to the lighting regulation in force across the entire county.
- This is another example of a stop solar attempt to pile on standards designed to make SES impracticle in Mason County
- D. Sewer and Water
- No evidence has been presented of any reason sewer and water regulations for an SES should not confomr to the regulation in force across the entire county.
- This is another example of a stop solar attempt to pile on standards designed to make SES impracticle in Mason County
- E. Noise and Vibration
- No evidence has been presented of any reason Noise and Vibration regulations for an SES should not confomr to the regulation in force across the entire county.
- The “less than 50 dB(C) at the property lines of the parcel ” is only one example of “stop-solar” effort. By this requirement, useing a lawn mower to maintain the permiter screening of the SES would put the entire SES in violation. Read more
- This is another example of a stop solar attempt to pile on standards designed to make SES impracticle in Mason County.
- H. Utility Interconnection
- The off taking transmission line will be owned and regulated by regulators who specialize in highvoltage electricity. There is no possible way Mason County Zoning officals can gain and remain competent in this highly technical field.
- This is another example of a stop solar attempt to pile on standards designed to make SES impracticle in Mason County but which in fact add no value.
- I. Signage
- No evidence has been presented of any reason signage regulations for an SES should not confomr to the regulation in force across the entire county.
- This is another example of a stop solarthat adds cost and may increase soil disturbance is attempt to pile on standards designed to make SES impracticle in Mason County
- J. Feeder lines
- No evidence has been presented why over a 30 year period it is beneficial to bury fedder lines. In fact if feeder lines are not buried less soil will need to be disturbed. This rule with no justification is another example of a stop solar attempt to pile on standards designed to make SES impracticle in Mason County but with no apparent value add.
- K. Other appurtenances
- No evidence has been presented of any reason for constrtaining using state of the art solutions that conform to all local, state and federal laws and regulations
- This is another example of a stop solar standard that adds cost and may increase soil disturbance is attempt to pile on standards designed to make SES impracticle in Mason County
Improved version
414.10 OTHER APPLICABLE STANDARDS
- A. Solar Access.
- Consistent with KRS 381.200(2), a property owner may obtain a solar easement from another property owner for the purpose of ensuring adequate exposure to sunlight for a Ground Mounted SES. Such easement shall be recorded.
- C. Height Requirements.
- Ground Mounted SES shall not exceed twenty (20) feet in height as measured from the highest natural grade below each solar panel without approval by the Board of Adjustment or other authority having jurisdiction. The height restriction excludes utility poles, storage batteries, substation structures, and antennas constructed for the project. A Ground Mounted SES may exceed twenty (20) feet in height upon a finding that the SES would be more productive, use less land, or provide other environmental, economic, or other benefits if the height limitation is increased.
- Rooftop SES shall conform to any height restrictions for roof-mounted mechanical devices or equipment for the applicable zoning district and may exceed the maximum permitted height for the structure type by no more than five (5) feet. A rooftop SES shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley, or eave, provided that where it is mounted on a sloped roof, the SES shall not vertically exceed the highest point of the roof to which it is attached by more than five (5) feet.
- F. Protection of Farmland and Revegetation Of Disturbed Areas
- Compaction of soil associated with the location of roads and installation
staging areas for Intermediate and Large Scale Ground Mounted SES on land zoned for agricultural use shall be minimized to the extent possible. Compaction of soil associated with the location of roads and installation staging areas for all Ground Mounted SES on land zoned for agricultural use that are classified either as prime farmland or farmland of statewide importance shall be avoided to the extent possible, and the soils shall be de-compacted as part of the decommissioning process. - Upon completion of construction and installation of the Ground Mounted SES, all temporary roads constructed by the applicant shall be removed, and all disturbed areas shall be graded and reseeded with native vegetation in order to
establish an effective ground cover and to minimize erosion and sedimentation
- Compaction of soil associated with the location of roads and installation
- G. Historic Preservation.
- Where an SES is proposed to be installed on a property located within an historic district, the proposed installation shall be coordinated with any review required by the zoning ordinance for exterior renovations or additions to such structures.
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- Where an SES is proposed to be installed on a property located within an historic district, the proposed installation shall be coordinated with any review required by the zoning ordinance for exterior renovations or additions to such structures.
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