Citizens are encouraged to attend. If attending in person face coverings will be required and social distancing measures will be followed. Anyone needing assistance or accommodation under the provisions of the American Disabilities Act should call the County Administrator’s Office at 434-246-1000.

A copy of the proposed Zoning Text Amendments, Conditional Use Permit Applications, Facility Siting Agreements and Solar Facility Permit Fee Schedule Ordinance, along with supporting documentation are available for review in the Community Development Office during regular business hours Monday thru Friday from 8:00 a.m. to 4:30 p.m. located at 20135 Princeton Road, Sussex Va. Phone number (434) 246-1000.

You may also download these items as a PDF using the link below:

  Download Public Hearing Items Packet    View Meeting Details

Zoning Text Amendment to Authorize Financial Contributions to Mitigate Impacts of Solar Energy Facilities through Conditional Use Permits

Zoning Text Amendment #2020-02:

Pursuant to authority granted by Chapter 385 of the 2020 Acts of Assembly, the Sussex County Board of Supervisors seeks to amend Article XXIII Section 16-410, Solar Facilities of the Zoning Ordinance to include reasonable Conditional Use Permit provisions related to any solar photovoltaic (electric energy) project, including but not limited to allowing for the dedication of real property of substantial value and provisions allowing for substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of a conditional use permit, so long as such conditions are reasonably related to the project. Once such conditions are granted, they shall continue in effect until a subsequent amendment changes the zoning on the property for which the conditions were granted. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

Solar Facility Permit Fee Schedule Ordinance

Notice is hereby provided pursuant to Va. Code Section 15.2-1427 that the Sussex County Board of Supervisors will consider the adoption of an Ordinance to Amend Building Code Permit Fee Schedule Related to Solar Energy Facilities to create a new electrical permit fee applicable to solar panels and to clarify that the base building inspection permit fee does not apply to solar panels. Note that a public hearing is not required for the adoption of such ordinance, however, the Board in its discretion may choose to allow for public comment at the meeting and citizens are always invited to submit public comments to county administration in writing and to inspect the proposed ordinance as provided above.

Cabin Point Solar Facility

General Project Description: The Applicant proposes to construct a 75 megawatt (alternating current) photovoltaic solar energy generation facility on approximately 1,842 acres from 11 parcels. Equipment will be located on less than 50% of the project area. The project is in the Blackwater/Newville/Waverly planning area and generally bound to the north by the CSX Railroad south of General Mahone Highway (460), to the east by Beef Steak Road, to the south by the waste management facility and Newville Road, and to the west by Cabin Point Road and the 100-year floodplain. The project infrastructure will consist primarily of solar photovoltaic modules mounted on steel racking structures, inverters, transformers, energy storage facilities, a substation, and security fencing. A Dominion transmission line crossing the project area allows for interconnection to the grid on site. The Applicant proposes installing an energy storage facility as part of the project. Energy will be stored in lithium-ion batteries (or their functional equivalent) with cooling and fire suppression systems and off-site monitoring capabilities. Energy storage will be located next to the proposed substation as shown on the site plan. The Applicant proposes setbacks of 200 feet from residential parcels and 150 feet from all other exterior parcel boundaries. The Applicant proposes to retain a 50-foot buffer of existing vegetation where possible and plant trees as necessary for a 50-foot buffer. The project is identified on tax map numbers 6-A-5, 6-A-6, 6-A-8A, 6-A-8B, 6-A-9, 6-A-10, 6-A-11, 6-A-12, 14-A-1, 15-A-1, and 15-A-2 consisting of approximately 1,850+/- acres. The parcels in question are zoned A-1, Agricultural and I-1 Limited Industrial, and I-2 General Industrial and allow the proposed use with a conditional use permit. The proposed site of the project is generally situated within the Waverly and Blackwater districts on both sides of Cabin Point Road in Sussex County, Virginia.

The Public Hearings will be to consider applications for the following related to the Cabin Point Solar Facility:

Zoning Text Amendment #2020-01:

Pursuant to Article XXIII Section 16-403, subsection (b) of the Zoning Ordinance, the applicant, Orsted Onshore North America, LLC (on behalf of Cabin Point Solar Center, LLC) seeks a zoning text amendment to allow solar energy facilities in the I-1 Limited Industrial district with a conditional use permit.

Conditional Use Permit Application #2020-01:

Pursuant to Article XXIII Section 16-403, subsection (b) of the Zoning Ordinance, the applicant, Orsted Onshore North America, LLC (on behalf of Cabin Point Solar Center, LLC) seeks a conditional use permit to construct and operate the solar energy facility described above. The proposed CUP includes conditions to mitigate any adverse effects of the proposed facility to the affected parcels and immediately adjacent parcels as well as conditions to mitigate certain impacts and potential costs to the County and impacts on County services, including but not limited to conditions related to facility construction, facility operation, screening and buffers, traffic impacts, battery storage, fire and rescue training, and facility decommissioning, and a $250,000 financial contribution to the County by the applicant for fire and rescue capital investments related in part to the facility and its battery storage component.

Facility Siting Agreement:

Pursuant to Chapter 802 of the 2000 Acts of Assembly (Va. Code Sections 15.2-2316.6 et seq.), the Board of Supervisors and Cabin Point Solar Center, LLC have negotiated a siting agreement for the photovoltaic solar energy generation facility to be developed on parcels designated as tax map numbers 6-A-5, 6-A-6, 6-A-8A, 6-A-8B, 6-A-9, 6-A-10, 6-A-11, 6-A-12, 14-A-1, 15-A-1, and 15-A-2 consisting of approximately 1,850+/- acres. The siting agreement includes terms and conditions to mitigate the impacts of the facility, including financial contributions in the amount of approximately $4.2 million to address capital needs of the County, including but not limited to the areas of fire, rescue and public safety and broadband. The hearing is to receive public comment on the proposed agreement prior to the Board’s consideration and approval.

Shands Energy Center, LLC

Facility Siting Agreement:

Pursuant to Chapter 802 of the 2000 Acts of Assembly (Va. Code Sections 15.2-2316.6 et seq.), the Board of Supervisors and Shands Energy Center, LLC have negotiated a siting agreement for the energy storage facility to be developed on parcels designated as tax map numbers 64-A-21 and 64-A-23 consisting of approximately 32.28 acres.

The siting agreement includes terms and conditions to mitigate the impacts of the facility, including financial contributions in the amount of $50,000 to address capital needs of the County, including but not limited to the areas of fire, rescue and public safety. The hearing is to receive public comment on the proposed agreement prior to the Board’s consideration and approval.

Authorized by:

Lawrence Hughes, Interim County Administrator