Fiscal Court passes amendments to solar ordinance

The Fiscal Court passed the new amendments to the solar ordinance after years of discussions and moratoriums. They passed the first reading at their June 11 meeting, and the second reading at their June 25 meeting.

The Danville-Boyle County Planning and Zoning Commission previously voted to approve the amendments to the joint zoning ordinance article 5, involving solar farms in the county, and the Danville city commission approved it as well.

The fiscal court had originally passed a moratorium on any new merchant electric generating facilities in December 2021, in order to review the existing solar ordinance for any changes. The moratorium was originally in response to discussions about large industrial solar farms coming to Boyle County. They extended the moratorium several times to make room for additional research, and will now be lifting the moratorium.

Boyle County has already adopted the standard Kentucky law regarding merchant electric generating facilities. The state law defines those as sizable facilities that a company sells into utility grids for wholesale, not including small farms that do not sell electricity. Counties that have planning and zoning commissions can add their own rules in addition to the state law, such as setbacks from other buildings and properties.

Boyle County’s joint zoning ordinance defines a “Merchant Electric Generating Facility” as one that is capable of operating at an aggregate capacity of at least 10 megawatts, and which sells the electricity it produces in the wholesale market at rates not regulated by the Public Service Commission (PSC). It includes wind and solar electricity generating facilities.

One major decision was whether solar farms should be zoned for industrial use, or if they can be put on agricultural land with a conditional use permit. Previously in Boyle County, solar farms were allowed to be on land zoned agricultural and industrial. Now, Merchant Electric Generating Facilities shall only be located in Light Industrial (LI), Heavy Industrial (HI) or Industrial Business Development (IBD) District.

Another amendment is to Article 4, to allow for Merchant Electric Generating areas not to require sewer if no plumbing is installed. However, any subsequent installation of plumbing shall require connection to public sewer.

Merchant Electric Generating Zones shall not be more than 2,000 acres; public utilities are exempted from this cap. The landscaping requirements for these facilities are the same as commercial requirements.

Another amendment added is, “In Unincorporated Boyle County, accessory uses [on the land] may also include farming and livestock production.”

Planning and Zoning Director Mikaela Gerry explained in the June 11 meeting what this means.

“We basically allowed farming, crop and livestock production to be a permitted use in the industrial zoning district,” Gerry said. “The intent of this was that if we do carve out a big chunk of industrial within the county to allow for a merchant electric generating facility, and then say in 20 years from now the use is complete, and it wants to go back to a farm, it wouldn’t have to go through a zone change to do that. It would be permitted by right in that zoning district.”

The following rules are now in the joint zoning ordinance:

• Wind and Solar electricity Generating Facilities must be located a minimum of 500 feet from any residential district, use or structure.
• To allow for Merchant Electric Generating Facilities as a viable alternative energy source without potentially eliminating agricultural activities within Boyle County, as well as provide for the protection for Agricultural Land, this ordinance shall limit Merchant Electric Generating Facilities to a total maximum allowable coverage of 2,000 acres in Boyle County.
• A Site Development Plan Application and Approval is required for any proposed Merchant Electric Generating Facilities. In addition to the Site Development Plan requirements outlined in Article 3, Section 3.11.5, the Planning Commission shall consider the impact of the proposed facility upon surrounding properties and institute other site design measures so that the character of the area is protected.
• All Merchant Electric Generating Facilities shall be setback a minimum of 500 feet (changed from 100 feet) from public rights-of-way, adjacent property lines, and adjacent residential use. The setback distance may be increased by the Planning Commission as determined to be necessary to assure compatibility with other land uses.
• Merchant Electric Generating Facilities shall not be located nearer than 750 feet from any church, synagogue, or other permanent place of worship, licensed day care center, public or private elementary, middle, or secondary school, institution of higher learning, or business college, or any park, or park-like area of open space under the control of a governmental agency. Outdoor storage of materials, equipment, or supplies associated with a Merchant Electric Generating Facility is not allowed, unless otherwise allowed by the underlying zoning.
• The minimum landscape buffer width for Merchant Electric Generating Facilities shall be 50 feet along all rights-of-way and adjacent to other residential land uses.
• Merchant Electric Generating Facilities shall not be located within a floodplain.
• All Merchant Electric Generating Facilities must submit all applicable local, state or federal construction-related permits to the Planning Commission prior to commencement of the project construction. Zoning Permit Applications are not required for a Merchant Electric Generating Facilities.
• A decommissioning plan shall be submitted that meets the requirements of state law KRS 278.706(2)(m).

To read the full ordinance with the amendments, click here: 07 Solar Recommendation Letter ZO – 5-31-24 (003)

Prior to passing the first reading at their June 11 meeting, Magistrate Tom Ellis expressed concerns about solar farms removing topsoil, which might destroy the possibility of returning the land back to agriculture whenever the solar farm is decommissioned. Magistrate Jason Cullen said he believes that adding language about not removing topsoil could get the county involved in landowner rights lawsuits.

When Ellis inquired about adding more language about decommissioning, Gerry said they already must follow the state’s decommissioning requirements, which are reviewed and updated every seven years.

When magistrates passed a motion to approve the amendments, Ellis wanted to amend the motion to include conducting a public hearing before passage. Gerry said there already was a public hearing at the Planning and Zoning meeting, during which no one spoke against the amendments. Ellis’ motion died for a lack of a second. The original motion passed with all magistrates voting yes except for Ellis, who voted no.

In other business at their June 25 meeting, the court:

• Approved the 3.6% tax rate for the Boyle County Health Department, which is the same as last year.
• Passed a resolution to terminate the Interlocal Cooperation Agreement with Mercer County.
• Magistrate Paula Bodner recently started a community group for Junction City to discuss ways to improve the town and set up possible events and groups. The group, called “Junction City Matters,” recently had their first meeting where they discussed the vision and set up long-term and short-term goals. They are looking to get more people involved. Bodner explained in a recent fiscal court meeting that Junction City does not have many community groups or people organizing special events in town, the same way that Perryville and Danville have many groups and special events. Her goal in helping lead the group is to encourage community engagement.
• Passed a motion for the Clerk’s Office to use the Fiscal Court room from October 23 to October 30 for early voting. The court will find another location for their meeting during that time if needed.
• Appointed Kim Kernen to the Boyle County Extension Council. She will replace Marvin Swann, who will step down on December 31, 2024.
• Reappointed Lynn Tye to the Convention & Visitors Bureau Board. Her term will end May 31, 2027.
• Approved the purchase of a multi-use vehicle for the Coroner, EMS and Emergency Management Agency. The three departments will share the expense and use of the vehicle. The vehicle is a 2024 Chevrolet Tahoe from Bachman Chevrolet, and its total price for the vehicle, radio and striping is $67,697, which is within the county’s budget line.
• Approved the Agreement for Information Sharing and the MOU between the Danville 911 Center, Fiscal Court and 988-New Vista. These agreements will set up a  system that will help triage emergency calls to figure out if a call needs a traditional response (police, fire, or EMS) or if EMS’s new Crisis Response Team should be contacted in response to a mental health call.
• Appointed Lynda Ross to the Boyle County Public Library Board of Trustees during their June 11 meeting.

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