HomeMy WebLinkAboutOrd-2019-004Ordinance 2019-OD cf
May 7, 2019
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
Ordinance No. 2019-00 1...k
An Ordinance Amending Kittitas County Code Title 17 for the Purpose of Amending Solar Power
Production Facilities Title 17.61C to create a Solar Overlay Zone 3 and Amend the associated
existing Solar Power Production Facilities Overlay Map to reflect the Newly Created Solar Overlay
Zone 3.
WHEREAS, The Board of County Commissioners adopted new Solar Power Production Facilities
(SPPF) regulations on October 2, 2018 through Ordinance 2018-018 creating Kittitas
County Code (KCC) 17.61C and directed staff to begin work on creating a third Solar
Overlay Zone; and
WHEREAS, Staff had a conversation with the Board during their Special CDS Study Session on
October 31, 2018 to discuss potential amendments to Title 17 .61 C Solar Power
Production Facilities; and
WHEREAS, On November 26, 2018, CDS staff further discussed potential criteria and permitting
requirements for an Overlay Zone 3 with the Board during the regularly scheduled CDS
Study Session and the Board directed staff to move forward with the process for code
amendment; and
WHEREAS, After due notice the Planning Commission held a public hearing on March 12, 2019 at
6:30 p.m. where public testimony was received; and
WHEREAS, After consideration of the staff report, public comment, and evidence submitted, the
Planning Commission unanimously recommended approval of the proposed amendments
to KCC 17 .61 C and the associated SPPF Overlay Map as presented by staff; and
WHEREAS, A public hearing was scheduled before the Board of County Commissioners to consider
the recommendation from the Planning Commission; and
WHEREAS, After due notice the Board of County Commissioners held a public hearing on April 16,
2019 at 6:00 p.m. where public testimony was received; and
WHEREAS, After consideration of the staff report, Planning Commission recommendation, public
comment, and evidence submitted, the Board of County Commissioners with a vote of 3-
0 approved staff and planning commission recommendation with the following
amendment (. lww11 hold, 11nderli11ed 1md itt1/icize1l) to the proposed amended regulations
(shown underlined} and directed staff to prepare enabling documents:
Ordinance 2019-DO t-f
May 7, 2019
"KCC 17.61C.050 Permitting Requirements:
3. The placement or construction of.an SPPF dua 111011/tl geneMte greater than 7
megawatt in Solar Overlay Zone 3 shallreguire co11ditio11a/ use permit
. app1'oval. Tl,e placeme11t 01· c01ut1·uclio11 ofatt SPPF that 1Vo11/d ge11erate up
to 7 megawatts i11 Solar 011erlar Zo11e 3 ~;hall requil'e admi11islrative conditional
use pen.nit approval." and
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of County Commissioners, after
due deliberation, hereby approves the amendments to Kittitas County Code regarding Solar Power
Production Facilities as shown in the attached redline "Exhibit A" and clean copy "Exhibit B" which
shall become effective at 5:00 p.m. on May 7, 2019; and
BE IT FURTHER ORDAINED, that the Community Development Services Director, Community
Development Services Planning Official, and Prosecutor's Office are hereby authorized to make any
corrections necessary to remedy any scrivener's errors contained in the attached "Exhibit A" and/or
"Exhibit B" without additional Board action; and
BE IT FURTHER ORDAINED, that the official Solar Power Production Facilities Overlay Map is
hereby amended and adopted as identified by the signature of the Chairperson of the Board and attested
by the Clerk of the Board.
ADOPTED this _]fu_day of May , 2019.
BOARD OF COUNTY COMMISSIONERS
TY, WASHINGTON
APPROVED AS TO FORM:
Jrierk o~ 1e B~~orsvik
• Deputy Clerk of the Board-Mandy Buchholz Neil Caulkins,
Deputy Prosecuting Attorney
Ordinance 2019-00+
May 7, 2019
Exhibit A
Redline version Kittitas County Code Chapter 17.61C amendments:
Chapter 17.61C
SOLAR POWER PRODUCTION FACILITIES
Sections
17.61C.010 Purpose.
17.61C.020 Definitions.
17.61 C.030 Adoption of Solar Power Production Facilities Overlay Map.
17.61C.040 Solar Overlay Zones.
17.61C.050 Permitting Requirements.
17 .61 C.060 Permitting Exceptions.
17.61C.070 Submittal Requirements.
17.61C.080 Procedures.
17.61 C.090 Development Standards.
17.61C.100 Review Criteria.
17.61C.110 Abandonment and Decommissioning.
17.61C.010 Purpose.
The purpose and intent of this chapter is to establish a process for recognition and designation of
properties in Kittitas County suitable for the location of Solar Power Production Facilities (SPPF), to
protect the health, welfare, safety, and quality oflife of the general public, to allow for development while
protecting existing agricultural resources and rural character, to comply with the goals and requirements
of the Washington State Growth Management Act, and to ensure compatibility with land uses in the
vicinity of these facilities.
17.61C.020 Definitions
The following definitions shall be used in conjunction with the administration of this chapter:
1. "Glare" means the effect produced by light with intensity sufficient to cause annoyance, discomfort,
or loss in visual performance and visibility.
2. "Operator" means the person responsible for the overall operation and management of a solar energy
project.
3. "Owner" means the person who owns all or a po1tion of a solar energy project.
4. "Perimeter" means the property lines for a lot, tract, or parcel that a Solar Power Production Facility
is located on.
5. "Photovoltaic" means materials and devices that absorb sunlight and convert it directly into
electricity.
Ordinance 2019-004
May 7, 2019
6. "Solar Array" means a grouping of multiple solar modules with purpose of collecting or converting
solar energy.
7. "Solar Cell" means smallest basic solar electric device which generates electricity when exposed to
light.
8. "Solar Equipment" means Items including a solar photovoltaic cell, module, panel, or array, or solar
hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and
possibly foundations or other structures used for or intended to be used for collection of solar energy.
9. "Solar Module" means a grouping of solar cells with the purpose of collecting or converting solar
energy.
10. "Solar Panel" means that part or portion of a Solar Power Production System containing one or more
receptive cells or modules, the purpose of which is to convert solar energy to electricity.
11. "Solar Power Production Facilities" or "SPPF" means a utility on an area of land designated for the
purpose of producing photovoltaic electricity with a nameplate capacity of over one hundred
kilowatts (100 KW) and includes, but is not limited to, an assembly of solar panels and solar
equipment that converts sunlight into electricity and then stores and/or transfers that electricity. Solar
Power Production Facilities may include mechanical buildings and other uses that are typical to a
SPPF, however offices and other commercial uses are prohibited.
17 .61 C.030 Adoption of Solar Power Production Facilities Overlay Map
1. The official Solar Power Production Facilities Overlay Map is adopted by reference and declared to
be a part of this chapter. The official Solar Power Production Facilities Overlay Map shall be
identified by the signature of the Chairperson of the Board and attested by the Clerk of the Board.
2. No changes of any nature shall be made to the Solar Power Production Facilities Overlay Map except
in conformity with the procedures set forth in KCC Title 15B.
17.61C.040 Solar Overlay Zones
As a rural county, the protection of existing agricultural resources is a priority. The following solar
overlay zones are established to preserve prime agricultural land by designating areas of the county that
are appropriate for the siting of SPPFs:
1. Solar Overlay Zone 1 consists of lands designated by the Washington State Department of
Agriculture as agricultural land uses on its agricultural land use geodatabase.
2. Solar Overlay Zone 2 consists of lands that are not designated by Washington State Department of
Agricultural as agricultural land uses on its agricultural land use geodatabase.
Ordinance 2019-OOt/-
May 7, 2019
gricultur as a gr icu lt ura l land uses on it a1tric t1l tura l land use gco databas
district boundaries.
17.61C.050 Permitting Requirements
H11eept 110 pr{widea ifl I 7.~IC.Oe4hPermillin g and ubjeel
.L JJhe placement or construction of an SPPF on any properties identified as Solar Overlay Zone 1 on
the Solar Power Production Facilities Overlay Map is prohibited:-, except os provided in 17 . >'I . 60.
2. The placement or construction of an SPPF in Solar Overlay Zone 2 shall require conditional use
permit approval.
sha ll requi re au 111i ni lra tive
cond iti o11al use permi t approval.
17.61 C.060 Permitting Exceptions
The placement or construction of an SPPF on properties in Solar Overlay Zone I may be allowed subject
to conditional use permit approval, in the following locations:
1. Lands that do not contain soils suited for agricultural uses as described by the United States
Department of Agriculture and Natural Resource Conservation Service Soil Survey of Kittitas County
Area, Washington.
2. Lands that have been converted to roads, parking lots, runways, or similar uses prior to October 2,
2018.
3. Rooftops of buildings existing prior to October 2, 2018.
4. Airport Safety Zones.
5. Powerline Rights-of-Way .
6. Highway Interchanges.
17 .61 C.070 Submittal Requirements
The following shall be submitted for all SPPF applications:
l . A site plan drawn to an appropriate scale that identifies all existing and proposed structures, setbacks,
access routes, proposed road improvements, residential uses within one quarter of a mile of the
project perimeter, existing utilities, pipelines, transmission lines, proposed utility lines, utility and
maintenance structures, existing and proposed drainage areas, topography, proposed
Ordinance 2019-DD4
May 7, 2019
grading/landscaping, areas of natural vegetation removal and any re-vegetation methods, weed
control, dust and erosion controls, any critical areas (as defined in KCC 17 A) on or abutting the
property, and any other relevant items identified by Community Development Services.
2. An affidavit of agreement between lot owner and facilities owner or operator (when applicable)
confirming that permission has been granted to propose, construct and/or operate an SPPF.
3. A written compliance narrative addressing how the proposal meets the approval criteria in KCC
17.60A.015 and KCC 17.61C.080, .090, and .100.
4. A noxious weed management plan outlining methods, maintenance schedules, and any potential soil
viability impacts. .
5. A stormwater management plan prepared in accordance with KCC 12 .06 that includes any proposed
ground disturbance and mitigation measures (such as reseeding with appropriate vegetation) to
contain storm water runoff.
6. A decommissioning plan demonstrating compliance with KCC 17 .61C.100(2).
7. A water rights retention plan, if applicable.
17.61C.080 Procedures
The following procedures shall be followed for all SPPF applications:
1. SPPF applications shall be processed in accordance with the applicable provisions of Kittitas County
Code 15A.
2. Public notice of proposed SPPFs shall be provided to all property owners within one (1) mile of the
proposed project site.
17.61C.090 Development Standards
SPPFs shall comply with the following developments standards:
1. SPPFs shall be screened or shall be enclosed by fencing a minimum of eight (8) feet in height.
Screening and/or fencing shall be consistent with the surrounding character and utilize landscaping
and/or native vegetation strategies to screen the facility from routine view of public right-of-ways or
adjacent residential property. When fencing is used, the type and style of fencing shall also reflect
any safety concerns specific to the general public and adjacent wildlife.
2. Glare shall not negatively impact surrounding properties, wildlife, or livestock.
3. Glare resistant panels shall be required for SPPFs located within an airport overlay zone.
Ordinance 2019-Q{Z__ 1
May 7, 2019
4. Any lighting shall be shielded and downward-facing to contain light within the perimeter of the
facility to the maximum extent possible.
5. All solar equipment associated with a SPPF shall meet the minimum zoning setbacks for the zoning
district in which the SPPF is located, or 25 feet, whichever is greater.
6. SPPF solar equipment shall not exceed a maximum of 20 feet in height as measured from grade at the
base of the equipment to its highest point during operation. (See Figure 17.61C-1)
7. The construction and operation of all SPPFs shall be consistent with applicable local, state, and
federal regulations, including but not limited to, safety, construction, electrical, communication, and
fire requirements. All solar equipment and other structures shall comply with local and state building
codes.
8. Construction or maintenance activities shall not result in the unabated introduction or spread of
noxious weeds and other undesirable weed species .
9. A Kittitas County Fire Marshal-approved fire management plan shall be provided by the applicant
prior to building permit approval.
10. The manufacturers' or installers' identification and appropriate warning signage shall be posted at the
site in a clear and visible manner at the entrance and along any fencing.
I 1. A sign consistent with KCC 17.70 shall be provided that shall identify the owner of the facility and
provide a 24-hour emergency contact and phone number.
12. All solar equipment shall comply with the most current edition of the National Electrical Code.
13. Any water rights associated with the subject property for an SPPF shall be retained through the life of
the facility.
Figure 17.61C-1
Ordinance 2019-ODLJ
May 7, 2019
MAXIWJM HEIGHT 20'-0 ---------------HIGHE ST 1-'0INT
SOLAR EOUIPM[~I r
(GfWUNO MOUlflELl)-
17.61C.100 Review Criteria
GRADE
/
Kittitas County may approve an SPPF application only when the following requirements have been met:
1. The proposed SPPF is consistent with the conditional use permit review criteria contained in KCC
17.60.015.
2. The proposed SPPF is in compliance with the Kittitas County Critical Areas Ordinance (KCC Title
17 A) and Shoreline Master Program (KCC Title 17B), and Voluntary Stewardship Program (VSP).
3. Environmental impacts including but not limited to wildlife habitat, migration routes and critical
areas have been mitigated. If the project is found to have potential enviromnental impacts, the
applicant shall provide sufficient mitigation strategies to the satisfaction of Kittitas County.
4. The proposed SPPF is in compliance with the Stonn Water Management Standards ofKCC 12.06.
17.61C.110 Abandonment and Decommissioning
1. Abandonment Requirements:
a. SPPFs which have not generated electricity that is sold for commercial use within eighteen (18)
months shall be removed at the owner/operator's expense. Owners/operators may be required to
provide proof of electricity generation as requested by Kittitas County.
b. The Planning Official, Building Official, Code Enforcement Officer or designee may issue a Notice
of Abandonment to -the owner/operator of the facility. The owner/operator shall have the right to
respond to the Notice of Abandonment within 30 days from the Notice receipt date. The Building
Official, Code Enforcement Officer or designee may withdraw the Notice of Abandonment and
notify the owner/operator that the Notice has been withdrawn if the owner/operator provides
sufficient information to demonstrate that the facility has not been abandoned which may include
Ordinance 2019-00 4
May 7, 2019
documentation or certification by the owner/operator of the electrical grid that the SPPF has met the
requirement of 17.61C.090 (l)(a).
c. If the owner/operator fails to respond to the Notice of Abandonment or if after review by the
Planning Official, Building Official, Code Enforcement Officer or designee it is determined that the
facility has been abandoned or discontinued, the owner/operator of the facility shall remove the
SPPF at the owner/operator's sole expense within 3-months of receipt of the Notice of
Abandonment. If the owner/operator fails to physically remove the facility after the Notice of
Abandonment procedure, the County shall have the authority to enter the subject property,
physically remove the facility and recover costs associated with that removal from the property
owner/operator.
2. Decommissioning Requirements:
a. The site shall be restored within six (6) months ofremoval.
b. Restoration of the site shall consist of the following:
1. Dismantle and removal of all photovoltaic solar power generation facilities including
modules, mountings, foundations, gravel beds, inverters, wiring, and storage devices.
11. Private access road areas shall be restored by removing gravel and restoring surface grade
and soil, unless the landowner directs otherwise.
111. After removal of the structures and roads the area, if disturbed during SFFP construction
and operation, shall be graded as close as is reasonable possible to its original contours or
contours advantageous for agricultural operations and the soils shall be restored to a
condition compatible with farm uses or consistent witli other resource uses. Re-vegetation
shall include plant species suited to the area, or planting by landowner of agricultural crops,
as appropriate, and shall be consistent with noxious weed control measures.
c. Proponents of any SPPF shall demonstrate decommission assurances to Kittitas County in the form
of a surety bond or escrow account to cover the cost of removal in the event the facility must be
removed by Kittitas County. The intent of this requirement is to guarantee performance (not just
provide financial insurance) to protect the public interest and the County budget from an
unanticipated, unwarranted burden to decommission a SPPF. The proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified Washington State
licensed engineer that is accepted by Kittitas County. The decommissioning funds shall be
equivalent to 125% of the engineer's estimated cost for the purpose of guaranteeing completion of
the work. The decommissioning assurance shall be reevaluated every five (5) years to ensure
sufficient funds for decommissioning, and if deemed appropriate at that time, the amount of
decommissioning funds shall be adjusted accordingly.
Ordinance 2019-{)() 1
May 7, 2019
ExhibitB
Clean version Kittitas County Code Chapter 17.61C amendments:
Chapter 17.61C
SOLAR POWER PRODUCTION FACILITIES
Sections
17.61C.010 Purpose.
17.61C.020 Definitions.
17.61 C.030 Adoption of Solar Power Production Facilities Overlay Map.
17.61C.040 Solar Overlay Zones.
17.61C.050 Permitting Requirements.
17.61 C.060 Permitting Exceptions.
17.61C.070 Submittal Requirements.
17.61C.080 Procedures.
17 .61 C.090 Development Standards.
17.61C.100 Review Criteria.
17.61C.110 Abandonment and Decommissioning.
17.61C.010 Purpose.
The purpose and intent of this chapter is to establish a process for recognition and designation of
properties in Kittitas County suitable for the location of Solar Power Production Facilities (SPPF), to
protect the health, welfare, safety, and quality oflife of the general public, to allow for development while
protecting existing agricultural resources and rural character, to comply with the goals and requirements
of the Washington State Growth Management Act, and to ensure compatibility with land uses in the
vicinity of these facilities.
17.61C.020 Definitions
The following definitions shall be used in conjunction with the administration of this chapter:
1. "Glare" means the effect produced by light with intensity sufficient to cause annoyance, discomfort,
or loss in visual perfonnance and visibility.
2. "Operator" means the person responsible for the overall operation and management of a solar energy
project.
3. "Owner" means the person who owns all or a portion of a solar energy project.
4. "Perimeter" means the property lines for a lot, tract, or parcel that a Solar Power Production Facility
is located on.
5. "Photovoltaic" means materials and devices that absorb sunlight and convert it directly into
electricity.
Ordinance 2019-COL/
May 7, 2019
6. "Solar Array" means a grouping of multiple solar modules with purpose of collecting or converting
solar energy.
7. "Solar Cell" means smallest basic solar electric device which generates electricity when exposed to
light.
8. "Solar Equipment" means Items including a solar photovoltaic cell, module, panel, or array, or solar
hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and
possibly foundations or other structures used for or intended to be used for collection of solar energy.
9. "Solar Module" means a grouping of solar cells with the purpose of collecting or converting solar
energy.
10. "Solar Panel" means that part or portion of a Solar Power Production System containing one or more
receptive cells or modules, the purpose of which is to convert solar energy to electricity.
11. "Solar Power Production Facilities" or "SPPF" means a utility on an area of land designated for the
purpose of producing photovoltaic electricity with a nameplate capacity of over one hundred
kilowatts (100 KW) and includes, but is not limited to, an assembly of solar panels and solar
equipment that converts sunlight into electricity and then stores and/or transfers that electricity. Solar
Power Production Facilities may include mechanical buildings and other uses that are typical to a
SPPF, however offices and other commercial uses are prohibited.
17.61C.030 Adoption of Solar Power Production Facilities Overlay Map
1. The official Solar Power Production Facilities Overlay Map is adopted by reference and declared to
be a part of this chapter. The official Solar Power Production Facilities Overlay Map shall be
identified by the signature of the Chairperson of the Board and attested by the Clerk of the Board.
2. No changes of any nature shall be made to the Solar Power Production Facilities Overlay Map except
in conformity with the procedures set forth in KCC Title 15B.
17.61C.040 Solar Overlay Zones
As a rural county, the protection of existing agricultural resources is a priority. The following solar
overlay zones are established to preserve prime agricultural land by designating areas of the county that
are appropriate for the siting of SPPFs:
1. Solar Overlay Zone 1 consists of lands designated by the Washington State Department of
Agriculture as agricultural land uses on its agricultural land use geodatabase.
2. Solar Overlay Zone 2 consists of lands that are not designated by Washington State Department of
Agricultural as agricultural land uses on its agricultural land use geodatabase.
3. Solar Overlay Zone 3 consists of lands that are not designated by Washington State Department of
Ordinance 2019-DO f
May 7, 2019
Agriculture as agricultural land uses on its agricultural land use geodatabase and are outside of irrigation
district boundaries.
17.61C.050 Permitting Requirements
Permitting and Siting of Solar Power Production Facilities are subject to the following Solar Overlay
Zone restrictions:
l. The placement or construction of an SPPF on any properties identified as Solar Overlay Zone 1
on the Solar Power Production Facilities Overlay Map is prohibited, except as provided in
17.61C.060.
2 . The placement or construction of an SPPF in Solar Overlay Zone 2 shall require conditional use
permit approval.
3. The placement or construction of an SPPF that would generate greater than 7 megawatts in Solar
Overlay Zone 3 shall require conditional use permit approval. The placement or construction of
an SPPF that would generate up to 7 megawatts in Solar Overlay Zone 3 shall require
administrative conditional use permit approval.
17.61C.060 Permitting Exceptions
The placement or construction of an SPPF on properties in Solar Overlay Zone 1 may be allowed subject
to conditional use permit approval, in the following locations:
1. Lands that do not contain soils suited for agricultural uses as described by the United States
Department of Agriculture and Natural Resource Conservation Service Soil Survey of Kittitas County
Area, Washington.
2. Lands that have been converted to roads, parking lots, runways, or similar uses prior to October 2,
2018.
3. Rooftops of buildings existing prior to October 2, 2018 .
4. Airport Safety Zones .
5. Powerline Rights-of-Way.
6. Highway Interchanges.
17.61C.070 Submittal Requirements
The following shall be submitted for all SPPF applications:
1. A site plan drawn to an appropriate scale that identifies all existing and proposed structures, setbacks,
access routes, proposed road improvements, residential uses within one quarter of a mile of the
project perimeter, existing utilities, pipelines, transmission lines, proposed utility lines, utility and
Ordinance 2019-(){} zf
May 7, 2019
maintenance structures, existing and proposed drainage areas, topography, proposed
grading/landscaping, areas of natural vegetation removal and any re-vegetation methods, weed
control, dust and erosion controls, any critical areas (as defined in KCC 17 A) on or abutting the
property, and any other relevant items identified by Community Development Services.
2. An affidavit of agreement between lot owner and facilities owner or operator (when applicable)
confirming that permission has been granted to propose, construct and/or operate an SPPF.
3. A written compliance narrative addressing how the proposal meets the approval criteria in KCC
l 7.60A.015 and KCC l 7.61C.080, .090, and .100.
4. A noxious weed management plan outlining methods, maintenance schedules, and any potential soil
viability impacts.
5. A stormwater management plan prepared in accordance with KCC 12.06 that includes any proposed
ground disturbance and mitigation measures (such as reseeding with appropriate vegetation) to
contain storm water runoff.
6. A decommissioning plan demonstrating compliance with KCC 17 .61 C. l 00(2).
7. A water rights retention plan, if applicable.
17.61C.080 Procedures
The following procedures shall be followed for all SPPF applications:
1. SPPF applications shall be processed in accordance with the applicable provisions of Kittitas County
Code 15A.
2. Public notice of proposed SPPFs shall be provided to all property owners within one (1) mile of the
proposed project site.
17 .61 C.090 Development Standards
SPPFs shall comply with the following developments standards:
1. SPPFs shall be screened or shall be enclosed by fencing a minimum of eight (8) feet in height.
Screening and/or fencing shall be consistent with the surrounding character and utilize landscaping
and/or native vegetation strategies to screen the facility from routine view of public right-of-ways or
adjacent residential property. When fencing is used, the type and style of fencing shall also reflect
any safety concerns specific to the general public and adjacent wildlife.
2. Glare shall not negatively impact surrounding properties, wildlife, or livestock.
3. Glare resistant panels shall be required for SPPFs located within an airport overlay zone.
Ordinance 2019-DOY
May 7, 2019
4. Any lighting shall be shielded and downward-facing to contain light within the perimeter of the
facility to the maximum extent possible.
5. All solar equipment associated with a SPPF shall meet the minimum zoning setbacks for the zoning
district in which the SPPF is located, or 25 feet, whichever is greater.
6. SPPF solar equipment shall not exceed a maximum of 20 feet in height as measured from grade at the
base of the equipment to its highest point during operation. (See Figure 17.61C-1)
7. The construction and operation of all SPPFs shall be consistent with applicable local, state, and
federal regulations, including but not limited to, safety, construction, electrical, communication, and
fire requirements. All solar equipment and other structures shall comply with local and state building
codes.
8. Construction or maintenance activities shall not result in the unabated introduction or spread of
noxious weeds and other undesirable weed species.
9. A Kittitas County Fire Marshal-approved fire management plan shall be provided by the applicant
prior to building permit approval.
10. The manufacturers' or installers' identification and appropriate warning signage shall be posted at the
site in a clear and visible manner at the entrance and along any fencing.
11. A sign consistent with KCC 17.70 shall be provided that shall identify the owner of the facility and
provide a 24-hour emergency contact and phone number.
12. All solar equipment shall comply with the most current edition of the National Electrical Code.
13. Any water rights associated with the subject property for an SPPF shall be retained through the life of
the facility.
Figure 17.61C-1
Ordinance 2019-00 £1
May 7, 2019
MAXl~HJM HEIGHT 70' · o• ---------------HIGHEST POINT
SOLAR EOUIP:V:DH
(G!,OUNLJ :V:OUl~TEll)
17.61C.100 Review Criteria
/
/ GRA:-JE
Kittitas County may approve an SPPF application only when the following requirements have been met:
1. The proposed SPPF is consistent with the conditional use permit review criteria contained in KCC
17.60.015.
2. The proposed SPPF is in compliance with the Kittitas County Critical Areas Ordinance (KCC Title
17 A) and Shoreline Master Program (KCC Title 17B), and Voluntary Stewardship Program (VSP).
3. Environmental impacts including but not limited to wildlife habitat, migration routes and critical
areas have been mitigated. If the project is found to have potential environmental impacts, the
applicant shall provide sufficient mitigation strategies to the satisfaction of Kittitas County.
4. The proposed SPPF is in compliance with the Storm Water Management Standards ofKCC 12.06.
17.61C.110 Abandonment and Decommissioning
1. Abandonment Requirements:
a. SPPFs which have not generated electricity that is sold for commercial use within eighteen (18)
months shall be removed at the owner/operator's expense. Owners/operators may be required to
provide proof of electricity generation as requested by Kittitas County.
b. The Planning Official, Building Official, Code Enforcement Officer or designee may issue a Notice
of Abandonment to the owner/operator of the facility. The owner/operator shall have the right to
respond to the Notice of Abandonment within 30 days from the Notice receipt date. The Building
Official, Code Enforcement Officer or designee may withdraw the Notice of Abandonment and
notify the owner/operator that the Notice has been withdrawn if the owner/operator provides
sufficient information to demonstrate that the facility has not been abandoned which may include
Ordinance 2019-00~
May 7, 2019
documentation or certification by the owner/operator of the electrical grid that the SPPF has met the
requirement of 17.61C.090 (l)(a).
c. If the owner/operator fails to respond to the Notice of Abandonment or if after review by the
Planning Official, Building Official, Code Enforcement Officer or designee it is determined that the
facility has been abandoned or discontinued, the owner/operator of the facility shall remove the
SPPF at the owner/operator's sole expense within 3-months of receipt of the Notice of
Abandonment. If the owner/operator fails to physically remove the facility after the Notice of
Abandonment procedure, the County shall have the authority to enter the subject property,
physically remove the facility and recover costs associated with that removal from the property
owner/operator.
2. Decommissioning Requirements:
a. The site shall be restored within six (6) months ofremoval.
b. Restoration of the site shall consist of the following:
1. Dismantle and removal of all photovoltaic solar power generation facilities including
modules, mountings, foundations, gravel beds, inverters, wiring, and storage devices.
ii . Private access road areas shall be restored by removing gravel and restoring surface grade
and soil, unless the landowner directs otherwise.
iii . After removal of the structures and roads the area, if disturbed during SFFP construction
and operation, shall be graded as close as is reasonable possible to its original contours or
contours advantageous for agricultural operations and the soils shall be restored to a
condition compatible with fann uses or consistent with other resource uses. Re-vegetation
shall include plant species suited to the area, or planting by landowner of agricultural crops,
as appropriate, and shall be consistent with noxious weed control measures.
c. Proponents of any SPPF shall demonstrate decommission assurances to Kittitas County in the fonn
of a surety bond or escrow account to cover the cost of removal in the event the facility must be
removed by Kittitas County. The intent of this requirement is to guarantee perfonnance (not just
provide financial insurance) to protect the public interest and the County budget from an
unanticipated, unwarranted burden to decommission a SPPF. The proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified Washington State
licensed engineer that is accepted by Kittitas County. The decommissioning funds shall be
equivalent to 125% of the engineer's estimated cost for the purpose of guaranteeing completion of
the work. The decommissioning assurance shall be reevaluated every five (5) years to ensure
sufficient funds for decommissioning, and if deemed appropriate at that time, the amount of
decommissioning funds shall be adjusted accordingly.
Solar Povver Prod ctio n Facilities Overlay Map
Chairman, Kittitas County Board of Commissioners
Attest, Board Clerk, Date: May 7, 2019
Data Sources:
Washington State Department of Agriculture (WSDA)
Agriculture Land Use Dataset 2017
Kitlilas County Information Technology Department
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