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Jefferson County Looks at Solar Energy Facilities

CLEAN ENERGY & TRANSPARENCY

In November 2020, Wild Hill Solar, LLC applied for a solar siting certificate with the Public Service Commission (PSC). The proposal was for a Solar Exempt Wholesale Generator (EWG) facility.

A Solar EWG facility generates electricity solely through solar photovoltaic or other solar methods. It includes only interconnecting transmission lines and is not owned by a utility.  

Wild Hill Solar, LLC, a Delaware Corporation based in San Diego, CA, has been awarded a site certificate from the PSC for a 92.5 MWac solar project. On March 9, 2021, the Planning Commission voted to approve the solar zoning amendment.

This amendment will allow up to 80% of Jefferson County’s land to be available for development by solar facilities by right. This means that additional solar facilities could be built without prior public notification. 

Land open to development by solar facilities

Wild Hill Project Site Plan

Current Proposal

The project involves 795 acres and is located between Kabletown Road and Route 340, adjacent to the Cloverdale Heights subdivision. This would be a 92.5 megawatt solar-generating facility that would employ 237,552 solar panels.

Facility Benefits

  • Financial security for landowners; alternative option to residential development cycles
  • The renewable energy transition from coal for the county; no requirements of county services; commercial/industrial use tax payments
  • Solar is a quiet neighbor
  • Solar reduces CO2 typical during energy production

Facility Disadvantages

  • Agricultural land and pristine soils are removed from food production
  • Stormwater runoff causes erosion and degradation
  • WV legislation supporting power
  • Purchase agreements do not exist

OUR POSITION

  • JCV supports renewable energy. While renewable energy not perfect, we believe it is better for our environment than using fossil fuels.
  • We support reasonable development of EWGs that take into account the opinions and concerns of the citizens that will be having them as neighbors.
  • We do not support our county’s farmland being turned into solar industrial installations that provide limited benefits to the local community. Unlike public utilities, EWGs have no consumers, and all electricity generated would be for wholesale, most likely to out of state entities. 

WHAT WE WANT

  • Jefferson County Vision in support of local citizens is asking that the zoning be approved for Wild Hill as conditional use versus proposed by right. Conditional use would allow the Wild Hill Solar project to move forward while protecting Jefferson County from uncontrolled solar facility growth. 
  • JCV recommends that as part of the conditional use for development, an environmental impact assessment is conducted and includes appropriate soil samples (borings) and geotechnical analysis.
  • Suggested conditional use requirements include: documentation of surrounding archaeological, historical and wetland designations; documentation of flood risk; documentation and reporting of identified sinkholes; documentation on loss of wildlife and species habitat; documentation of impacts on surrounding property owners including value, viewshed, noise and light.

WHY WE’RE ASKING FOR THIS

  • Jefferson County is home to karst terrain, which is made up of limestone and contains caves, sinkholes, and underground rivers. This presents challenging conditions for development.
  • There is the potential for catastrophic environmental impacts on well water systems, a redirection of underground water flow and flooding during construction if karst seams are fractured or filled. If a solar facility location is determined to be in a potential karst area, additional testing should be conducted.

WHAT YOU CAN DO

There are still unanswered questions concerning the proposed installation and thus JCV recommends the following actions:

Examine the amendment. You can review a copy of the draft amendment to the zoning ordinance, which includes the proposed revisions to the Stormwater Management Ordinance, here.

Stormwater revisions require 1) vegetal cover restoration without chemical fertilization; 2) panel modules situated on mild slopes allowing the passage of runoff underneath; and 3) an erosion and sediment control plan.

Write the Jefferson County Commission. The Planning Commissioners approved amendment now returns to the JCC for review and action.  If you have any questions, email info@jeffersoncountywv.org.

Familiarize yourself with the scope of the Wild Hill application at: http://www.psc.state.wv.us/WebDocket/default.htm
-Search by the Case Number 20-0845-E-SCS-PW ; Choose Activities to view associated documentation.  The full site application is the third document from the bottom and is a very large file.

Timeline of Events

 

December 2019

A landowner came to the Jefferson County Planning Commission with a request for a Conditional Use Zoning change in the rural district so that solar facilities could be installed on his farmland.

May 2020

The request was taken into a private working group away from attendees and came out 5 months later recommended for “permitted use” of solar energy facilities.  This meant that large-scale solar utility installations would be allowed “by right” on about 80 percent of all property in Jefferson County.

October 1, 2020

The Jefferson County Commission (JCC) approved the zoning amendment.

November 2020

Wild Hill Solar, LLC applied for a solar siting certificate with the Public Service Commission (PSC).

November 12, 2020

A group of citizens filed suit against the JCC’s passing of the zoning amendment and received a temporary restraining order (TRO) against the amendment.

December 10, 2020

A settlement was reached in this case and the Jefferson County Commission vacated their approval of the zoning amendment and returned it to the Jefferson County Planning Commission.

January 28, 2021

After receiving an outpour of comments, a virtual public comment hearing was held by the Planning Commission.

January 29, 2021

A virtual evidentiary hearing was held following the acceptance of Jefferson County Vision’s petition to intervene by the PSC.

February 9, 2021

Another virtual public hearing was held on the zoning amendment proposal to allow Solar Energy Facilities in Jefferson County.

February 11, 2021

The PSC granted a siting certificate to Wild Hill, subject to conditions.

February 23, 2021

A special meeting was held to discuss what was said at the public hearing on February 9th. It was not concluded whether a by right or a conditional use process would be adopted. A motion was made to get a legal evaluation of the project to see if it’s in line with Comprehensive Plan.

March 9, 2021

The Jefferson County Planning Commission voted to approve the solar facilities amendment stating it was consistent with the Comprehensive Plan.

April 12, 2021

The Jefferson County Commission ignored the vast majority of the public input they received, immediately granted the wishes of a developer and approved the Solar Zoning Ordinance Amendment. This amendment allows Solar Energy Wholesale Generator facilities to be installed as a Principal Permitted Use on over 80% of Jefferson County’s land surface.

August 30, 2021

Horus West Virginia 1, LLC filed an application for a Solar Siting Certificate to authorize the construction and operation of an exempt wholesale electric generating facility in Jefferson County and petition for waiver of transmission facilities information.

September 1, 2021

Several Jefferson County residents filed a lawsuit against the County and Planning Commissions regarding the illegal approval of a zoning ordinance allowing solar energy facilities. They WON, invalidating the Commissioners amendment.

September 2, 2021

In response to the lawsuit filed by Jefferson County residents, the JCC added discussion of legal issues regarding solar and a “potential amendment of [the] Comprehensive Plan to include provisions for solar facilities.” to the agenda for 9:30 AM on September 2nd.

September 28, 2021

A special meeting was held to receive public input on amendments to the Envision Jefferson 2035 Comprehensive Plan.

December 7, 2021

The Jefferson County Planning Commission held a public hearing on Tuesday, December 7th at 7 pm to discuss the proposed changes to the Envision Jefferson 2035 Comprehensive Plan.

December 14, 2021

The Jefferson County Planning Commission voted to recommend all proposed changes in the amendment to the Jefferson County Commission.

February 3, 2022

The Jefferson County Commission held a public hearing concerning the Planning Commission’s recommended amendment to the Envision Jefferson 2035 Comprehensive Plan.

In addition to the draft amendment, HB 4553 was introduced in the state’s legislative session and would allow solar exempt wholesale generator facilities to be developed anywhere in West Virginia across all zoning districts.

February 22, 2022

The High Horizons Solar project received a site certificate from the Public Service Commission.

March 1, 2022

HB 4553, a bill that would allow exempt wholesale generators to be a permitted use in any zoning district anywhere in West Virginia was passed in the House in a 52 to 42 vote and was advanced to the Senate Energy, Industry, and Mining Committee.

March 12, 2022

HB 4553 died in the Senate Energy, Industry, and Mining Committee.

April 12, 2022

The JCC reached a settlement addressing ​the community’s concerns to amend the Comprehensive Plan amendment and rewrite the zoning ordinance. The JCPC had a meeting to discuss these changes to include a Conditional Use Permit process for solar energy facilities outside of the Urban Growth Boundary and Preferred Growth Area.

April 19, 2022

The JCPC held a special meeting to review and discuss the first draft of the updated text amendment to the Zoning Ordinance to account for the JCC’s requested changes.

May 17, 2022

The Jefferson County Planning Commission held a public hearing to receive input on the proposed Solar Energy Facilities zoning ordinance text amendment.

June 9, 2022

The Jefferson County Commission held a public hearing to receive input on the recommendation put forward by the Jefferson County Planning Commission regarding the proposed Solar Energy Facilities zoning ordinance text amendment. The recommendation put forward by the Planning Commission included a principal permitted ‘by-right’ use designation for large-scale development within the Urban Growth Boundary and Preferred Growth Area, and a Conditional Use designation for facilities in all other areas of the county.

June 16, 2022

The Jefferson County Commission voted 2-2 to approve the proposed Solar Energy Facilities zoning ordinance text amendment.

July 28, 2022

The Jefferson County Board of Zoning Appeals held a public hearing on the Blake Solar Project proposal, previously named ‘High Horizons’. The proposal consists of an 80 MW solar electric generating facility to be located on approximately 516 acres off Kabletown Rd and Rte.115. 270 acres of the proposed 516 acres is located outside of the Charles Town Urban Growth Boundary and subject to the Conditional Use Permitting process.

August 9, 2022

The Jefferson County Planning Commission held a workshop on the Concept Plan for the Blake Solar Project. The Planning Commission approved the concept plan as submitted.

August 25, 2022

The Board of Zoning Appeals held a public hearing for the Wild Hill Solar Project.

September 13, 2022

The Jefferson County Planning Commission held a workshop on the Concept Plan for the Wild Hill Solar Project.

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