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08-14-2025 Agenda Packet PB PERSON COUNTY PLANNING AND ZONING DEPARTMENT 325 S. Morgan Street, Suite B Roxboro, North Carolina 27573 AGENDA PERSON COUNTY PLANNING BOARD Person County Office Building, Room 215 August 14, 2025 7:00 P.M. A. CALL TO ORDER / DETERMINATION OF QUORUM B. CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS Pursuant to NCGS §160D-109 the Chair shall remind Planning Board members of their duty to avoid conflicts of interest and to inquire as to whether there is any known conflict of interest with respect to any matters coming before the Board at that time. Does any member have any known conflict of interest with respect to any matters coming before the Planning Board today? If so, please identify the conflict and refrain from any participation in the particular matter involved. C. PUBLIC HEARING 1. TA-07-2025 – Text Amendment Request from Cypress Creek to define Level 4 solar energy systems for arrays larger than 100 acres and allow with conditional rezoning approval. 2. TA-06-2025 – Text Amendment Request from Planning Board to rename the Rural Conservation zoning district to Rural Development district and update all references in the document. No change to uses or requirements is proposed. D. DISCUSSION 1. Possible amendments to allow multiple dwellings on residential lots when there is adequate water and wastewater handling. 2. Possible amendments to the Subdivision Regulations to clarify the types of subdivisions, particularly related to road access. 3. Briefing on pending amendments to consolidate freestanding ordinances into the Planning Ordinance and implement some provisions from the UDO. E. APPROVAL OF MINUTES 1. Minutes of July 10, 2025 (attached) F. ANNOUNCEMENTS & OTHER BUSINESS 1. September agenda preview – staff anticipates a subdivision request for 9 lots and a group of text amendments to fold some freestanding ordinances into the Planning Ordinance and implement some provisions from the draft UDO. G. ADJOURNMENT PERSON COUNTY PLANNING AND ZONING DEPARTMENT 325 S. Morgan Street, Suite B Roxboro, North Carolina 27573 AGENDA PERSON COUNTY PLANNING BOARD Person County Office Building, Room 215 August 14, 2025 7:00 P.M. A.CALL TO ORDER / DETERMINATION OF QUORUM B.CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS Pursuant to NCGS §160D-109 the Chair shall remind Planning Board members of their duty to avoid conflicts of interest and to inquire as to whether there is any known conflict of interest with respect to any matters coming before the Board at that time. Does any member have any known conflict of interest with respect to any matters coming before the Planning Board today? If so, please identify the conflict and refrain from any participation in the particular matter involved. C.PUBLIC HEARING 1.TA-07-2025 – Text Amendment Request from Cypress Creek to define Level 4 solar energy systems for arrays larger than 100 acres and allow with conditional rezoning approval. 2.TA-06-2025 – Text Amendment Request from Planning Board to rename the Rural Conservation zoning district to Rural Development district and update all references in the document. No change to uses or requirements is proposed. D.DISCUSSION 1.Possible amendments to allow multiple dwellings on residential lots when there is adequate water and wastewater handling. 2.Possible amendments to the Subdivision Regulations to clarify the types of subdivisions, particularly related to road access. 3.Briefing on pending amendments to consolidate freestanding ordinances into the Planning Ordinance and implement some provisions from the UDO. E.APPROVAL OF MINUTES 1.Minutes of July 10, 2025 (attached) F.ANNOUNCEMENTS & OTHER BUSINESS 1.September agenda preview – staff anticipates a subdivision request for 9 lots and a group of text amendments to fold some freestanding ordinances into the Planning Ordinance and implement some provisions from the draft UDO. G.ADJOURNMENT PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-07-25, revised, for adoption of the amendments to the Solar Energy System Ordinance. Request Text Amendment TA-07-25 is a revised request by Hyco Solar, LLC to approve amendments to the Solar Energy System Ordinance for the purpose of allowing solar energy systems larger than 100 acres with a conditional zoning request. Introduction The proposed text amendment, TA-07-25, requests the adoption of amendments to the Solar Energy System Ordinance. This request revises the proposal considered in May by requiring the Type 4 system to only be allowed with a conditional zoning district. The entire text of the Solar Energy System Ordinance is included with proposed language written in and highlighted as amended are throughout the ordinance. The applicant also provided a detailed narrative to accompany their request and letters of support. The topic for tonight’s discussion is only whether this language provides an acceptable framework to review large-scale farms. While the applicant has a site in mind, they are not seeking concurrent ordinance adoption and conditional zoning review. A full application would be submitted, with the needed notice, for any specific site, if this language was favorably received. Comprehensive Plan & Zoning Consistency The Solar Energy Ordinance is separate from the Planning Ordinance, but amendments to it also require a plan consistency statement and a recommendation from the Planning Board and the Board of Commissioners. North Carolina General Statues provide the following criteria to guide amendment discussions: Zoning regulations shall be made in accordance with a comprehensive plan and shall be designed to promote the public health, safety, and general welfare. The regulations may address the following public purposes: • to provide adequate light and air; • to prevent the overcrowding of land; • to avoid undue concentration of population; • to lessen congestion in the streets; • to secure safety from fire, panic, and dangers; • to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and • to promote the health, safety, morals, or general welfare of the community. TA-01-25 Application Staff Report 7/28/2025 Page 2 of 2 The regulations shall be made with reasonable consideration to: • the character of the district • its peculiar suitability for particular uses • with a view to conserving the value of buildings and • encouraging the most appropriate use of land throughout the jurisdiction. Planning & Zoning Department Staff Analysis & Potential Motion The Solar Energy Ordinance currently limits solar farms to 100 acres. A handful of sizable farms exist around the county, but none of the solar arrays exceed 100 acres. A quick read of the draft Unified Development Ordinance indicated the 100-acre limit would have remained in effect. From the information provided by the applicant, it appears larger scale solar farms are the only way to integrate solar into the larger energy grid. It appears larger farms are the way to bring private interests into the energy production efforts. The proposed language is just that, a proposal. I expect the applicants would be open to discussing changes if the board members suggested alternatives. Any future conditional zoning application would also be fully reviewed and subject to conditions. Guiding Principle 2: Facilitating Sustainable Economic Growth 2.7. Provide utility infrastructure to support economic growth. As the community plans for new growth and looks to attract new economic opportunities for residents, it will be important to ensure that utility infrastructure plans and capacity are aligned with both the scale and anticipated geographic distribution of growth. To ensure this alignment, it is critical that the City and County develop long-range plans that are aligned with both the Future Land Use Map as well as the strategic economic development priorities of the community. In addition to planning for new growth, it is important to ensure that major capital maintenance investments are built into utility system budgets to ensure that the systems remain in top condition. Policies for the extension of utilities should be clearly defined to ensure that economic development recruiters and business prospects understand the process and required degree of participation necessary for securing utility services for major development opportunities. Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the proposed amendments to the Solar Energy System Ordinance, and find the amendment reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan,” Guiding Principle 2.7: Provide utility infrastructure to support economic growth Attachments: Exhibit A: Text Amendment Ordinance with full text of Solar Energy System Ordinance, with proposed changes highlighted Exhibit B: Narrative provided by the applicant Exhibit C: Letters of support provided by the applicant Note: Staff did not prepare the ordinance amending the Solar Energy System Ordinance for Planning Board review since the Planning Board’s action is to recommend action to the Board of Commissioners, not actually adopt the amending ordinance. 1 PERSON COUNTY SOLAR ENERGY SYSTEM ORDINANCE Adopted by the Person County Board of Commissioners on the 5th Day of October, 2020. Amended on the 7th day of February 2022. ARTICLE 1. GENERAL PROVISIONS 1.1 Title 1.2 Purpose 1.3 Authority and Grant of Power 1.4 Jurisdiction and Applicability 1.5 Definitions ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS 2.1 General Regulations 2.2 Setbacks 2.3 Height and Size Limitation 2.4 Buffers and Landscaping 2.5 Aviation Notification 2.6 Decommissioning and Abandonment ARTICLE 3. LEGAL PROVISIONS 3.1 Procedure for Level 1, 2 and 3 Solar Energy System Development Approval 3.13.2 Procedure for Level 4 Solar Energy System Development Approval 3.23.3 Penalties for Violations 3.33.4 Severability 3.43.5 Variance 3.53.6 Effective Date 2 ARTICLE 1. GENERAL PROVISIONS 1.1 Title a) This document shall be known and cited as “Person County Solar Energy System Ordinance”. 1.2 Purpose a) The purpose of this ordinance is to facilitate the construction, installation, and operation of solar energy systems (SES) in Person County in a manner that promotes economic development, preserves the dignity and aesthetics of the environment in Person County, and ensures the protection of health, safety, and welfare while also avoiding adverse impacts to important areas such as agricultural lands. This ordinance is not intended to replace safety, health, or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state, or federal law. 1.3 Authority and Grant of Power a) This ordinance is adopted under the authority and provisions of the General Statute of North Carolina, Chapter 153A Article 18160D. Nothing herein shall be interpreted to conflict with or supersede any provision of the General Statute of North Carolina Chapter 153A160D. 1.4 Jurisdiction and Applicability a) The regulations contained herein shall govern development of land within Person County, North Carolina as provided in General Statute 153A, Article 18160D, except those lands lying within jurisdiction of any municipality, unless such municipality shall have by resolution requesting the County enforce these regulations within the municipality’s area of jurisdiction. b) Solar energy systems established prior to the effective date of this ordinance shall remain exempt except if major modifications to an existing solar energy systems are proposed and require a new Special Use Permit to be issued by the Board of Commissioners. The modified area of the SES permitted under the new Special Use Permit shall be subject to the conditions of this ordinance. Maintenance and repair are not subject to this ordinance. 3 1.5 Definitions a) Abandonment: Any solar energy system that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned. b) Accessory Equipment: Any equipment serving or being used in conjunction with a solar energy system. The term includes utility or transmission equipment, power supplies, generators, batteries, equipment buildings, and storage sheds, shelters, or similar structures. c) Decommissioning Plan: A document that details the planned shut down and removal of a solar energy system from operation or use. d) Major Modification: Any change which would require findings of fact or evidence in addition to those in the record of the public hearing for the original Special Use Permit, or subsequent modifications, if any. By way of example, but not of limitation, any of the following shall constitute a major modification requiring an application to be resubmitted in accordance with applicable ordinance provisions: 1. Significant changes in the zoning lot’s boundaries, unless the purposes of this ordinance or of the County’s plan for the comprehensive development of the area within which the lot is located are satisfied to an equivalent or greater degree. Significant ch ange in the boundaries of the site if public purposes are not satisfied to an equivalent or greater degree; 2. A change in the use approved; 3. Significant changes in the location of principal and/or accessory structures and/or uses; 4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown in the plan; 5. Significant changes in pedestrian or vehicular access or circulation 6. Significant changes in the amount or location of required landscape screening if an alternate proposal does not provide the same or greater degree. e) Property Owner: The person(s), entity, or company having fee simple ownership of the property where the solar energy system is located. f) Solar Array: An active solar energy system that converts sunlight into electricity using either Thermal or photovoltaic methods. Such a system has multiple solar collectors, and might include transformers, generators, batteries, and other appurtenant structures and/or facilities. g) Solar Collector or Solar Panel: A device that converts sunlight into electricity using either thermal or photovoltaic methods. 4 h) Solar Energy System: The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. Area restrictions are based on the acreage of panels. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems. A system fits into one of three four system types: Level 1 SES, Level 2 SES, and Level 3 SES, and Level 4 SES. 1. Level 1 Solar Energy System (SES) – Includes the following in all Person County Zoning Districts: i. Roof-mounted on any code-compliant structure. ii. Ground mounted less than 1/2 acre. iii. Covering permanent parking lots and other hardscape areas. iv. Building integrated solar (i.e., shingle, hanging solar, canopy, etc.). 2. Level 2 Solar Energy System (SES) – Ground mounted systems greater than or equal to ½ acre and less than ten (10) acres in all Person County Zoning Districts. 3. Level 3 Solar Energy System (SES) – Ground mounted systems greater than or equal to ten (10) acres, but no greater than one hundred (100) acres in all Person County Zoning Districts. 3.4. Level 4 Solar Energy System (SES) – Ground mounted systems greater than one hundred (100) acres. 5 ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS (Rev. 2/7/22) 2.1 General Regulations Solar energy systems are permitted in Person County as follows: Table 2.1 General Regulations for Solar Energy Systems in Person County X = Permitted Use ; SUP/CD = Special Use Permit/Conditional Rezoning ; left blank = Prohibited; CD = Conditional Rezoning Residential (R) Highway Commercial (B-1) Neighborhood Shopping (B- 2) General Industrial (GI) Rural Conservation (RC) Level 1 X X X X X Level 2 SUP/CD SUP/CD SUP/CD Level 3 SUP/CD SUP/CD Level 4 CD CD CD CD CD 2.2 Setbacks Setbacks for solar energy systems are measured from the nearest solar panel to the nearest property line and/or right-of-way line. Setbacks for solar energy systems in Person County as follows: Table 2.2 Setback Requirements for Solar Energy Systems in Person County Left blank = Prohibited in that district Residential (R) Highway Commercial (B-1) Neighborhood Shopping (B- 2) General Industrial (GI) Rural Conservation (RC) Level 1 Per District Regulations contained in Person County Planning Ordinance Level 2 * 200’ 200’ 200’ Level 3 * 200’ 200’ Level 4 * 200’ 200’ 200’ 200’ 200’ * All solar energy systems shall be separated by a minimum distance of 300’ from all residential dwellings as measured from the nearest solar panel to the nearest dwelling. In addition, all solar energy systems shall be separated by a minimum distance of 100’ from the nearest well for human consumption. EXCEPTION: Where a solar energy system facility is located on multiple contiguous lots of record in separate ownership, the building setback and buffer requirement shall apply only to the exterior perimeter 6 of the project boundaries surrounding the facility and not the interior property boundaries within the facility. A written waiver signed by the property owner(s) shall be required. 2.3 Height and Size Limitation a) For Level 1 roof mounted systems, height is limited to the applicable district regulation. The height of Level 1, 2, and 3, and 4 ground mounted systems shall be measured from the highest natural grade below each solar panel. For ground mounted systems, panel height shall not exceed 15’ in all districts. Poles and wires reasonably necessary to connect to public electric utilities for all solar energy systems shall not be subject to this requirement. b) The maximum size of a level 3 solar energy system shall not exceed one hundred (100) acres as measured around the exterior perimeter of the panels (outside of the buffer area). No level 3 solar energy system shall be located within one (1) linear mile of an existing level 3 solar energy system. b)c) No Level 4 solar energy system shall be located within one (1) linear mile of an existing Level 3 or Level 4 solar energy system, measured from property line to property line. 2.4 Buffers and Landscaping a) Level 1 systems shall be exempt from buffering and landscaping requirements. b) Solar collectors, accessory equipment, and associated outside storage for Level 2, and 3 and 4 systems shall be completely screened with a 150’ vegetative buffer from view from all property and right-of-way lines. Buffers shall include at a minimum, evergreen shrubs and a combination of deciduous and evergreen trees as follows: 1. Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall be a minimum of 6’ at planting and have a minimum height of 15’ within 3 years and spread of at least 30’ within 10 years; and, 2. 5 evergreen shrubs, or 3 evergreens and 2 deciduous shrubs, that shall be a minimum of 3’ at planting and have a height and spread of at least 5’ in 10 years. 3. Existing vegetation may be counted toward the required plantings when identified on a landscape plan and certified by an arborist, landscape architect, landscape designer. Plants identified for the buffer must be protected from all land disturbing activities and construction at a distance equal to the drip line of the plant(s) to be used toward the buffer. 2.5 Aviation Notification a) Level 1 systems shall be exempt from aviation notification requirements. 7 b) For all Level 2, and 3, and 4 systems, a map analysis showing a radius of five (5) nautical miles from the center of the solar energy system with any airport operations within this area highlighted shall be submitted with the initial application. 1. For systems not containing airport operations within five (5) nautical miles from the center of the solar energy system, attach map analysis results to permit application. 2. For systems containing airport operations within five (5) nautical miles from the center of the solar energy system, the following items must be included with the permit application: i. Map analysis results. ii. Determination of whether the airport is in the National Plan of Integrated Airport Systems (NPIAS). iii. Documentation/certification that the project will not interfere with airport/aircraft communications systems. iv. Proof of delivery of notification, date of delivery, and response(s) for the following documents: a) For consideration of potential impacts to low altitude military flight paths, notification of intent to construct the solar energy system shall be sent to the NC Commanders Council at least 45 days before the Special Use Permit/Conditional Rezoning hearing for Level 2, and 3 and 4 solar energy systems and at least 45 days before starting construction for all other Level 2, and 3 and 4 solar energy systems. Notification shall include location of solar energy system (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof-mounted PV, ground mounted fixed PV, tracked PV, solar thermal, etc.), and the area of the system (e.g. 5 acres). b) A full report for each flight path and observation point, as well as the contact information for the Planning Director, shall be sent to the authority indicated below at least 45 days before the Special Use Permit/Conditional Rezoning hearing for Level 2, and 3 and 4 solar energy systems and at least 45 days before starting construction for all other Level 2, and 3 and 4 solar energy systems. The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its user’s manual to evaluate the solar glare aviation hazard. SGHAT can be accessed via the following website: www.forgesolar.com. 1. Airport operations at airports in the National Plan of Integrated Airport Systems (NPIAS) within five nautical miles of the center 8 of SES: provide required information to the North Carolina Division of Aviation and Federal Aviation Administration's (FAA) Airport District Office (ADO) with oversight of North Carolina and receive responses from those agencies at least 10 business days prior to the hearing. Those responses shall be provided to both the Person County Planning and Zoning Department and Person County Airport Commission. 2. Airport operations at airports not in the NPIAS, including military airports, within five nautical miles of the center of SES: provide required information to the NC Commanders Council for military airports and to the management of the airport for non-military airports. v. Any applicable solar energy system design changes (e.g. module tilt, module reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the contact specified in iii.b. (1) and iii.b. (2) for accurate records of the as-built system. 2.6 Decommissioning and Abandonment a) Decommissioning and abandonment requirements shall only apply to Level 2, and 3 and 4 solar energy systems 1. Level 1 systems shall be exempt from decommissioning and abandonment requirements. b) A solar energy system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the solar energy system provides substantial evidence (updated every six (6) months after 12 months of no energy production) to the Planning Director of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the parcel to its condition prior to development of the solar energy system. Restoration to less than the original condition is acceptable when it is requested in writing by the parcel owner. c) At the time of applying for permits, the applicant (solar energy system developer or property owner) shall include a decommissioning plan addressing the following items: 1. Anticipated life of the solar energy system. 9 2. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, etc.) 3. Removal of all non-utility owned equipment, conduit, structures, fencing, solar panels, and foundations. 4. Restoration of property to condition prior to development of the solar energy system. 5. Timeframe for completion of decommissioning activities, not to exceed one (1) year. 6. Description and copy of any lease or any other agreement with the property owner regarding decommissioning. 7. Name and address of person or party responsible for decommissioning. 8. Plans and schedule for updating the Decommissioning Plan. 9. A verifiable means of determining if the decommissioning plan needs to be activated due to cessation of use for 365 days, such as a letter from the electric utility stating that it will notify the Planning Department within ten (10) business days if electricity is not received from an array within the solar energy system for 365 days. 10. Estimated decommissioning costs including contingency costs of at least 25% (in current dollars), as provided by an appropriately experienced, North Carolina licensed Engineer, under seal. d) Prior to the issuance of a zoning compliance certificate, the county must receive a performance guarantee in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as determined by a North Carolina licensed engineer. The performance guarantee m ust be satisfactory to the Planning Director and may include a performance bond, irrevocable letter of credit, cash deposit or other surety approved by the Planning Director and County Attorney. Following initial submittal of the performance guarantee, the cost calculation for decommissioning shall be reviewed every three (3) years, and adjusted accordingly based upon an updated estimate of a North Carolina licensed Engineer under seal, of the estimated decommissioning costs. Failure to comply with any requirement of this section shall result in the immediate termination and revocation of all prior approvals and permits; further, the County shall be entitled to make immediate demand upon, and/or retain any proceeds of the surety, which shall be used for the decommissioning and/or removal of the solar energy system, even if it is still operational. 10 ARTICLE 3. LEGAL PROVISIONS (Rev. 2/7/22) 3.1 Procedure for Level 1, 2 and 3 Solar Energy System Development Approval A. After the effective date of this ordinance, no proposed solar energy system as defined in this ordinance and within Person County’s jurisdiction shall proceed with construction until it has been submitted to and approved by the Planning Director or his/her designee and as evidenced by an approved Person County Zoning Permit in accordance with the provisions of this ordinance. B. Existing SES developments are governed under the Planning Ordinance regulations in place prior to the effective date of this ordinance unless a major modification as defined by this ordinance is proposed and requires a new Special Use Permit to be issued. If a new Special Use Permit is required, the SES will be required to meet the provisions of this Ordinance. C. Level 1 Solar Energy Systems as Permitted Uses Level 1 solar energy systems allowed as permitted uses must meet the applicable height, setback, and related district standards. Level 1 solar energy systems must complete the following for approval: 1. Approval from Person County Environmental Health or the City of Roxboro Public Works. 2. Addressing from Person County GIS. 3. Zoning permit application and site plan for Person County Planning and Zoning. * 4. Building permit application and building plans for Person County Building Inspections. In addition to general site plan requirements, site plans submitted to Person County Planning and Zoning for Level 1 solar energy systems must show the following: 1. The entire property boundary including existing structures. 2. Planned location of each solar array and accessory equipment. 3. The front, rear, and side setbacks of the solar array and accessory equipment. 4. (If applicable) Required buffer areas with description. 5. A table containing the number, dimensions, height, and type of each proposed solar array including their generating capacity. *Following completion of construction, Level 1 ground mounted solar energy systems may be required to submit a final as-built survey to the Planning Director. Following approval of the final as-built survey, systems may receive their Certificate of Occupancy. D. Level 2 Solar Energy Systems as Permitted Uses 11 Level 2 solar energy systems allowed as permitted uses must meet the applicable height, setback, aviation notification, and related district standards. Level 2 solar energy systems must complete the following for approval: 1. Approval from Person County Environmental Health or the City of Roxboro Public Works. 2. Addressing from Person County GIS. 3. Zoning permit application and site plan for Person County Planning and Zoning. * 4. Decommissioning Plan submitted to Person County Planning and Zoning. 5. Building permit application and building plans for Person County Building Inspections. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning must show the following: 1. Planned location of each solar array and accessory equipment. 2. The front, rear, and side setbacks of the solar array and accessory equipment. 3. (If applicable) Required buffer areas with description. 4. A table containing the number, dimensions, height, and type of each proposed solar array including their generating capacity. *Level 2 solar energy systems in the Neuse watershed may require additional materials Following completion of construction, all Level 2 solar energy systems shall submit a final as-built survey to the Planning Director. Following submission and approval of the final as -built survey, Level 2 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. E. Level 2 and 3 Solar Energy Systems Requiring Special Use Permits or Conditional District Rezonings Level 2 and 3 solar energy systems requiring Special Use Permits or Conditional District Rezonings must submit a completed Special Use Permit/Conditional District Rezoning Application and site plan to the Person County Planning and Zoning Department*. A copy of all aviation requirements shall also be submitted to the Person County Airport Commission. Applicants may choose to provide a sketch plan to the Planning Administrator ahead of a site plan, as sketch plans do not require much investment and are an opportunity for the Planning Administrator to point out design changes ahead of more expensive site planning. 12 1. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning must show the following: a) A narrative describing the proposed solar energy systems, including an overview of the project and estimated megawatt output of the project, b) Planned location of each solar array and accessory equipment. c) The front, rear, and side setbacks of the solar array and accessory equipment. d) (If applicable) Required buffer areas with description. e) A table containing the number, dimensions, height, and type of each proposed solar array. f) Location where wiring is brought together for inter -connection to the system components and/or the local utility power grid, and location of disconnect switch. g) Location of any onsite battery storage systems/units. * Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials 2. The following information shall also be included in the submittal for a special use permit or conditional district rezoning application: a) A copy of the lease agreements with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Identifying information, as defined in North Carolina General Statute §14-113.20(b), and proprietary information may be redacted. b) Evidence that the electrical utility provider has established an agreement/contract with the solar energy system owner to install an interconnected system. Any customer - owned generator (off grid systems) shall be exempt from this requirement. c) Documentation regarding the type and quantity of battery storag e units and configurations, if onsite battery storage systems are to be used. Any battery storage technology that contains PFAS (Polyfluoroalkyl substances) must be noted in the application. If the project intends on using PFAS-containing battery storage technology, a containment plan and a separate decommissioning plan from the plan described below must be submitted for approval. If the battery-decommissioning plan includes recycling as a method for disposition of the spent batteries, the name of the recycling facility permitted to accept PFAS-containing batteries must be provided. If the project does not intend to use PFAS-containing batteries, certification from the 13 battery manufacturer must be provided stating that the batteries used do not contain PFAS. d) A Phase 1 Environmental Site Assessment prepared by a duly licensed professional in the State of North Carolina. e) Fire Prevention and Emergency Response facilities shall be installed by the solar energy system owner and approved by the Person County Fire Marshal to include, at a minimum, the following: 1. Confirmation that the fire department located in the same fire district as the major solar energy system has or will acquire equipment to contain and extinguish any fire at the solar energy system. Any new equipment requested by the fire district shall be paid for by the major solar energy system owner. 2. Chemical fire suppressants shall be located and properly stored at each battery storage area and transformer as directed by the County Fire Marshal. 3. An Emergency Response Plan consistent with all applicable Federal Emergency Management Agency guidelines shall be prepared by the solar energy system owner and approved by the County Fire Marshal. 4. The 50’ area in between the edge of the buffer and the panels shall be maintained and inspected on an annual basis (see Section 3.1-i) to ensure that emergency vehicles can adequately access the perimeter of the site. f) Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance with this ordinance. Recognizing the unique environmental challenges of a solar energy system, studies t hat may be required under this paragraph may include but are not limited to the following: 1. Field surveys for all State or Federal listed species that are protected under State or Federal Law; 2. Geologic reports mapping and describing geological resources such as bedrock outcrops, groundwater recharge zones, seeps, springs and general characterization of groundwater resources; 3. Surface water resources including wetlands; 4. Site specific soil surveys to include information on prime farmland soils as classified by the USDA Natural Resources Conservation Service, hydric soils and 14 hydric components of non-hydric soil series, soil erodibility, agricultural suitability and site index for growing timber; 5. Environmental constraints analysis; 6. Other studies of the project site, receiving waters, and adjacent or nearby natural and environmental resources as may be requested by any County agency. F. Special Use Permit/Conditional District Rezoning Applications and site plans shall be submitted in a timely manner so as to allow Person County Planning and Zoning staff adequate time to meet legislative advertising requirements. The Person County Board of Commissioners will conduct a public hearing to review the solar energy system Special Use Permit/Conditional District Rezoning (the Planning Board shall also review the conditional district rezoning prior to review by the Board of Commissioners). Following review of the application, the Board of Commissioners will render a decision. G. Following approval of the Special Use Permit or Conditional District Rezoning, Level 2 and 3 solar energy systems must complete the following for approval: 1. Approval from Person County Environmental Health or the City of Roxboro Public Works. 2. Addressing from Person County GIS. 3. Zoning permit application and approved site plan for Person County Planning and Zoning.* 4. Decommissioning Plan submitted to Person County Planning and Zoning. 5. Building permit application and building plans for Person County Building Inspections. * Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials H. Following completion of construction, all Level 2 and 3 solar energy systems shall submit the following: 1. A final as-built survey shall be submitted to the Planning Director. 2. A letter of certification from a North Carolina licensed engineer indicating that the inverter noise shall not exceed the lower of 3dBA Leg (1 HR) above preconstruction background or 40 Leg (1 HR) dBA, measured at any property line during output that exceeds 95% rated capacity from the facility. Following submission and approval of the final as-built survey, Level 2 and 3 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. I. An annual inspection performed by the Planning Director and/or his designee to ensure compliance with the requirements of this ordinance and an inspection fee shall be charged to the owner of the 15 solar energy system as set out in the official fee schedule approved by the Person County Board of Commissioners. Any deficiencies noted shall be corrected upon receipt of notice from the Planning Director, either following the annual inspection or when the deficiency becomes known to the Planning Director or owner of the solar energy system. 3.2 Procedure for Level 4 Solar Energy System Development Approval A. Level 4 Solar Energy Systems Requiring Conditional District Rezonings Level 4 solar energy systems are allowed only in a conditional zoning district and include individualized development conditions along with development plans. In all conditional zoning districts in which Level 4 solar energy systems are allowed, no proposed solar energy system shall proceed with construction until it has been submitted to and approved by the Planning Director or his/her designee and as evidenced by an approved Person County Zoning Permit in accordance with the provisions of this ordinance. B. Conditional District (CD) Rezonings Process. Applications for a conditional district rezoning to include a Level 4 Solar Energy System use are submitted and reviewed in accordance with Person County Planning Ordinance Section 154 (entitled “Conditional District (CD) Rezonings”) and require a complete Application for CD-Rezoning Map Amendment accompanied by a site plan. In addition to the application requirements in Person County Planning Ordinance Section 154, applications for a conditional district rezoning to include a Level 4 Solar Energy System must also comply with the following: 1. The application must be submitted 45 days prior to the Planning Board meeting at which the application will be reviewed. Within 10 days of receiving a complete application, the Planning Director or his/her designee shall provide a copy of the application to the County Fire Marshall for his/her review and comment, if any. 2. A site plan shall be submitted as part of the conditional district rezoning application and made a condition. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan must, at a minimum, show the following*: i. A narrative describing the proposed solar energy systems, including an overview of the project and estimated megawatt output of the project, ii. Planned location of each solar array and accessory equipment. iii. The front, rear, and side setbacks of the solar array and accessory equipment. iv. Buffer areas with description. 16 v. Horizontal and vertical (elevation) scaled drawings with dimensions of proposed solar accessory equipment, as well as the approximate number of solar panels included. vi. Location where wiring is brought together for inter-connection to the system components and/or the local utility power grid, and location of disconnect switch. vii. Location of any onsite battery storage systems/units. * Solar energy systems in the Neuse watershed may require additional materials. 3. The application must also specify any additional conditions proposed. All those regulations which apply to the corresponding general use zoning district are the minimum requirements in the conditional district. Any conditions proposed should include greater restrictions on development and use of the property than would apply in the corresponding general use district. 4. The application shall state the maximum size of the proposed Level 4 solar energy system use, as measured around the exterior perimeter of the panels (outside of the buffer area). 5. The following information shall also be included in the conditional district rezoning application: i. A copy of the lease agreements with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Identifying information, as defined in North Carolina General Statute §14-113.20(b), and proprietary information may be redacted. ii. Evidence that the electrical utility provider has established an agreement/contract with the solar energy system owner to install an interconnected system. Any customer-owned generator (off grid systems) shall be exempt from this requirement. iii. A Phase 1 Environmental Site Assessment prepared by a duly licensed professional in the State of North Carolina. C. Level 4 Solar Energy System Development Approval 17 A. Zoning Permit for Level 4 Solar Energy Systems. In all conditional zoning districts in which Level 4 Solar Energy System is an allowed use, no proposed solar energy system shall proceed with construction until a Zoning Permit application has been submitted to and approved by the Planning Director or his/her designee in accordance with the provisions of this ordinance. A Zoning Permit application for a Level 4 Solar Energy System must comply with all conditions of the conditional zoning district, including the approved site plan, and must include the following: a. If onsite battery storage systems are to be used, documentation regarding the type and quantity of battery storage units and configurations is required. Any battery storage technology that contains PFAS (Polyfluoroalkyl substances) must be noted in the application. If the project intends on using PFAS-containing battery storage technology, a containment plan and a separate decommissioning plan from the plan described below must be submitted for approval. If the battery-decommissioning plan includes recycling as a method for disposition of the spent batteries, the name of the recycling facility permitted to accept PFAS-containing batteries must be provided. If the project does not intend to use PFAS-containing batteries, certification from the battery manufacturer must be provided stating that the batteries used do not contain PFAS. b. Fire Prevention and Emergency Response facilities shall be installed by the solar energy system owner and approved by the Person County Fire Marshal to include, at a minimum, the following: 1. Chemical fire suppressants shall be located and properly stored at each battery storage area and transformer as directed by the County Fire Marshal. 2. An Emergency Response Plan consistent with all applicable Federal Emergency Management Agency guidelines shall be prepared by the solar energy system owner and approved by the County Fire Marshal. 3. The 50’ area in between the edge of the buffer and the panels shall be maintained and inspected on an annual basis (see Section 3.1-i) to ensure that emergency vehicles can adequately access the perimeter of the site. c. Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance with 18 this ordinance. Recognizing the unique environmental challenges of a solar energy system, studies that may be required under this paragraph may include but are not limited to the following: 1. Field surveys for all State or Federal listed species that are protected under State or Federal Law; 2. Geologic reports mapping and describing geological resources such as bedrock outcrops, groundwater recharge zones, seeps, springs and general characterization of groundwater resources; 3. Surface water resources including wetlands; 4. Site specific soil surveys to include information on prime farmland soils as classified by the USDA Natural Resources Conservation Service, hydric soils and hydric components of non-hydric soil series, soil erodibility, agricultural suitability and site in dex for growing timber; 5. Environmental constraints analysis; 6. Other studies of the project site, receiving waters, and adjacent or nearby natural and environmental resources as may be requested by any County agency. B. Level 4 solar energy systems may also require the following additional approvals, as applicable: a. Approval from Person County Environmental Health or the City of Roxboro Public Works. b. Addressing from Person County GIS. c. Decommissioning Plan submitted to Person County Planning and Zoning. d. Building permit application and building plans for Person County Building Inspections. C. Following completion of construction, all Level 4 solar energy systems shall submit the following: a. A final as-built survey shall be submitted to the Planning Director. b. A letter of certification from a North Carolina licensed engineer indicating that the inverter noise shall not exceed the lower of 3dBA Leg (1 HR) above preconstruction background or 40 Leg (1 HR) dBA, measured at any property line during output that exceeds 95% rated capacity from the facility. 19 D. Following submission and approval of the final as-built survey, Level 4 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. 3.2 3.3 Penalties for Violations Any person, firm, corporation, or other entity who constructs, maintains or operates, or who controls the maintenance of a solar energy system in violation of this Ordinance shall be guilty of a misdemeanor and subject to prosecution, and if convicted, shall be punished by a fine not to exceed $500, or by imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day that said solar energy system is constructed, maintained or operated in violation of this Ordinance shall constitute a separate and distinct offense. 3.3 3.4 Severability Should any provision of this Ordinance be declared by any court, administrative body, or board, or any other governmental body or board, to be unconstitutional, invalid, preempted, void, or otherwise inapplicable for any reason, such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so decided to be unconstitutional, invalid, preempted, void, or otherwise inapplicable. 3.4 3.5 Variance A variance from the provisions of this Ordinance may be authorized by the Board of Adjustment provided that all of the following criteria are met: a) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. c) The hardship did not result from actions taken by the applicant or property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. 20 d) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured, and substantial justice is achieved. 3.5 3.6 Effective Date This Ordinance was duly adopted by the Board of Commissioners of Person County, North Carolina on the 5th day of October 2020 and revised on the 7th day of February 2022. Gordon Powell, Chairman Date Person County Board of Commissioners Attested by: Brenda B. Reaves, Clerk to the Person County Board of Commissioners Person County Solar Ordinance Text Amendment Narrative Summary of Proposed Text Amendment This is a proposed text amendment to the Person County Solar Energy System Ordinance (the “SES Ordinance”). The SES Ordinance regulates the construction and operation of solar energy systems in Person County. Under the current ordinance, there are three types of solar energy systems (referred to as Level 1, Level 2 and Level 3). Level 1 systems are permitted by right in all zoning districts and are approved administratively by County Staff. Level 2 and 3 systems are permitted in certain zoning districts, upon approval of a Special Use Permit (SUP) by the County Board of Commissioners. Level 3 systems – which are the largest systems allowed under the current ordinance - may not exceed 100 acres in size, as measured around the exterior perimeter of the panels (outside of the buffer area). There are currently seven Level 3 systems in the County that total to 22.5 MWac. The purpose of this text amendment is to: 1. create a new category of solar energy systems (referred to as Level 4), that allows for solar energy systems that exceed the current size allowance for a Level 3; 2. require that Level 4 systems only be allowed with a conditional rezoning; and 3. define the process by which Person County landowners can petition the County to have their property rezoned to a conditional district to allow a Level 4 use subject to agreed upon, individualized development conditions, and an accompanying site plan. While a Level 4 would not be restricted based on a size in acreage, it would be restricted based on site-specific conditions imposed in the conditional district and the accompanying site plan, as explained in more detail below. Overview of Conditional District Rezonings It would be helpful to start with an overview of how conditional rezonings work. Person County’s Planning Ordinance provides a general process for requesting Conditional District (CD) Rezonings (see Section 154); however, it has been some time since a conditional district rezoning application has been submitted in Person County. Conditional rezonings are also unlike other requests that commonly come before the Planning Board and Board of Commissioners and offer more flexibility, which make it a popular tool for regulating development in other parts of the State. 2 A conditional district is best described as a tailor-made zoning district with conditions that apply only to the property or properties subject to the rezoning request. The conditions are agreed upon by the property owner and the County, and become binding on the use and development of the property within the conditional district[1]. A conditional district rezoning is a legislative, discretionary decision. Conditional rezoning decisions are made by the Board of Commissioners, after review and recommendation from the Planning Board. They are based on broad considerations such as the health, safety and welfare of the public, consistency with the Comprehensive Plan, and whether the request is reasonable and in the public interest. Unlike an administrative staff decision or a Special Use Permit, there is no entitlement to the approval of a conditional rezoning request. Conditional rezonings are also unlike general rezonings, where the regulations of the zoning district apply uniformly to all property within the district. In addition to the requirements in the Person County Planning Ordinance for CD Rezoning requests, the proposed text amendment includes additional requirements for conditional district rezonings for Level 4 solar energy systems. Specifically, among other requirements: - The application must include a site plan for the development of a solar energy system at the property. This site plan becomes a zoning condition and any level 4 solar energy system at the property must develop in accordance with the site plan. - The application must also state any additional conditions proposed by the applicant. The regulations of the corresponding general zoning district are the minimum requirements, and the applicant can only include conditions that are more restrictive than the requirements of the general zoning district. For example, if property is currently zoned Rural Conservation (RC) and RC requires Level 4 solar energy systems provide a 150 foot vegetative buffer from all adjacent property, the applicant cannot propose a condition to reduce this to 100 feet, but could include a condition to increase this buffer to 175 feet. Per the proposed text amendment, property rezoned to a conditional district for a Level 4 use, must still apply for and obtain a zoning permit from the Planning Department prior to commencing development. For zoning permit approval, all requirements of the conditional rezoning district must be met, including compliance with the site plan, as well as any other requirements listed in the SES Ordinance. [1] For more information on conditional rezonings and conditions that may be included, see the attached article from the UNC School of Government, David Owens, entitled What Conditions Can be Included in Conditional Zoning? 3 Why this Ordinance Change is being requested Since the passing of the bipartisan House Bill 951 and the growing load forecast that the utilities in North Carolina are projecting, additional energy sources are needed. This House Bill not only allows utilities to build/upgrade natural gas facilities but also procure and provide opportunities for Independent Power Producers (IPPs) to submit bids for the projects they develop. The opportunities for 3rd party producers are limited to solar energy and solar and storage paired projects that must be a minimum of 50 MWac with a maximum size of 80 MWac in the Duke Energy Progress territory. Under the current Person County ordinance, a minimum sized project would not be able to be submitted, given that they would require at least 350 acres. From 2010 to 2020, the cost of large scale solar has decreased approximately 82% (source: NREL Documenting a Decade of Cost Declines for PV Systems). Given that new projects will be utility scale projects, projects can expect to see cost savings through the economies of scale when compared to traditional residential solar. Solar is the quickest generation that can come online to help meet the needs of additional energy load, including for residential and datacenter use. Why should Person County consider this text amendment change? The request is to 1) allow projects larger than 100 acres in conditional zoning districts 2) ensure that the Board of Commissioners maintains discretion to approve or deny projects above 100 acres, which encourages a transparent, collaborative approach by any solar energy system operator that wishes to be considered. This ordinance change strives to keep the mix of rural areas of Person County as they are, while also allowing some limited areas for development to produce tax revenue without requiring significant county resources. According to the NC Sustainable Energy Association June 2025 Property Tax Study, the average revenue increase per county from solar development is $225,574 with an average % increase in revenue of 1,801% or an average increase per MWdc of $2,864 – Person County has had an increase of 903%, roughly $79,524 based on the existing solar projects that are throughout the County. To put this in context, a 104 MWdc (80 MWac) system could generate an average increase in revenue of $297,856 in Person County. This ordinance change could promote innovation that benefits the local community, including agriculture, as local Person County entrepreneurs are using sheep grazing on solar projects as a primary source of vegetation maintenance. The sheep grazing for a project of Level 4 could allow a local farmer to expand their operation, buy local, and support their own farm. This is an opportunity to increase our domestic food production. According to the USDA 2024 State of Agriculture report, North Carolina has 33,000 head of lamb, while we currently process more according to an NC State Agriculture Expert, meaning we must import lamb to service the state's own demand. Rotational grazing also promotes better soil health and reduces the use of pesticides or herbicides compared to traditional vegetative maintenance practices. 4 According to the 2022 USDA Census report, Person County is home to 364 farms that total 88,571 acres across the entire County. An 80 MW ac project (the largest allowed to be owned by an IPP) would take a minimum of 560 acres of solar equipment, depending on the topography and other features of the land. This would represent less than 1% of the total farmable acres in Person County (0.08%). Transmission For any solar project that would be connected to the Duke Energy Progress grid, the main considerations are 1) enough usable area and 2) proximity to transmission lines. With the language that is being proposed, no Level 3 or Level 4 system can be within 1-mile of each other. With the 1-mile buffer that is required, the areas shown in Appendix A will not be able to be developed for a Level 4 solar energy system based on the location of current, existing Level 3 systems in the County; this is included as an illustrative purpose and is based on the current existing solar in Person County. 5 List of Exhibits Exhibit A – Person County 1-mile Buffer around Level 3 SES with Transmission Lines Exhibit B – Person County Suitability: Agriculture Exhibit C – Person County Suitability: Conservation Exhibit D – Person County Suitability: Development Exhibit A Exhibit B Exhibit C Exhibit D Coates’ Canons NC Lo cal G overnment L aw What Conditions Can Be Included in Conditional Zoning? Published: 11/11/21 Author: David Owens Conditional zoning is a popular development regulation tool used in North Carolina. Legislative conditional zoning was first used in the state in the 1990s, was approved by the courts in 2001, and was expressly authorized by the zoning statutes in 2005. It is now the most frequently made rezoning in the state. With this widespread use comes the question of just what conditions can be included in a conditional rezoning. The standards in traditional conventional zoning districts (sometimes referred to as general use districts) must be uniformly applied throughout a city or county. The same permitted uses and dimensional standards apply to all property placed in the same zoning district. No site-specific, individualized conditions are allowed. Every property within a particular zoning district, no matter where it is within the city or county, is subject to exactly the same zoning rules. By contrast, G.S. 160D-703(a)(2) authorizes cities and counties to adopt conditional zoning districts that can include individualized development conditions. If the local government wants to allow some of the permitted uses within a proposed zoning district, but not all of them, it can accomplish that through use of conditional zoning. A fairly common practice of local governments is to amend their zoning text to create a set of conditional zoning districts that parallels their conventional districts. For example, if there is a “Highway Commercial” district, the text would also include a “Highway Commercial-Conditional” district. Then an individual rezoning to the “Highway Commercial-Conditional” would include conditions applicable only to that site. That includes changes to the permitted uses and dimensional standards that would otherwise apply in the regular “Highway Commercial” zoning district. Conditional zoning is a way to allow a landowner to make a use of property that they desire while incorporating conditions that address the concerns of neighbors or local government. For more on the difference between conventional and conditional zoning, see this post and this Ch. 160D guidance document on conditional zoning. Conditional zoning is very popular in North Carolina. In our 2018 SOG survey, over half of the responding local governments reported use of conditional zoning. Its use is particularly common in larger population cities, with 77 percent of the cities with populations over 25,000 reporting use of conditional zoning. Not only do many local governments make this option available, it is often applied. In our survey, the responding jurisdictions reported that 55 per cent of all rezonings considered in the previous year were rezonings to conditional districts. 78 percent of all rezonings were conditional rezonings in cities with populations over 25,000. Given this widespread use, a question invariably arises. What type of conditions can be included in a conditional rezoning? Basic Limits The general factors that can legitimately be considered in a rezoning, and those that cannot, apply to conditional zoning. For example, it is entirely appropriate to consider the land use impacts of a proposed development and what the comprehensive plan suggests, while it would be illegal to base a decision on the racial, ethnic, or religious identity of the applicant or the identity of the property owner. My colleague Adam Lovelady discusses legitimate and appropriate considerations for legislative zoning decisions here and improper considerations here. These factors fully apply to conditional rezonings. Also, conditional zoning will often also be “spot zoning,” so the factors necessary to show that the zoning is reasonable should be addressed in the rezoning process. Two Additional Statutory Limits When conditional zoning is involved, there are two important statutory limits that also must be considered. First, both the landowner and the local government must agree to place property into a conditional zone and they must also agree on the specific conditions imposed. The landowner does not have to like being in a conditional district. The owner might well prefer that their property be in a conventional zoning district with a wider range of permitted uses and fewer development restrictions. However, the city or county governing board may conclude that such a rezoning would allow some uses or development plans that would be harmful to the neighbors or the public. Conditional zoning allows the owner and local government to find a mutually acceptable alternative to the traditional zoning. G.S. 160D-703(b) provides that property may only be placed in a conditional zoning district “in response to a petition by all of the owners of the property to be included.” This required “petition” can take the form of a rezoning application or a written request or agreement that a pending rezoning be made a conditional rezoning. If a landowner objects to being in a conditional district, the local government cannot put the property in one. This statutes goes on to provide that while either the owner or the local government may propose specific conditions, “only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations.” If an owner objects to a proposed condition, it cannot be included. When the owner objects to a particular condition, the local government has the choice of approving the conditional zoning without the objectionable condition or denying the conditional rezoning if the governing board concludes the rezoning without that condition would be inappropriate. Second, the zoning statute limits the scope of conditions that can be imposed. G.S. 160D-703(b) says that the conditions imposed in a conditional rezoning are limited to those that address conformance of the development and use of the site to local government ordinances and adopted plans and to those conditions that address “impacts reasonably expected to be generated by the development or use of the site.” This section of the statutes also says that conditions “not authorized by otherwise applicable law,” including taxes, impact fees, building design elements for single-family homes, and excess drive-way improvements, cannot be included “unless consented to by the petitioner in writing.” So, the local government does not have unlimited discretion in imposing conditions. In addition to the standard constitutional and statutory limits on zoning regulations, all the conditions must be approved by the landowner and they must be tied to securing compliance with adopted ordinances or plans or be reasonably related to minimizing potential impacts of the proposed development. Written approval by the owner to being placed in a conditional zone and to the specific conditions imposed is required. Potential Conditions Not surprisingly, the two most used conditions are ones that limit the range of permitted uses and that require a detailed site plan for future development of the site. Both types of conditions are permissible in North Carolina. Over 70 percent of the jurisdictions responding to our 2018 survey reported that their conditional zoning either always or frequently included these two conditions. Use Restrictions. A conventional zoning district typically allows dozens of different land uses. Some of those uses may have modest land use impacts for the neighbors, while others might be problematic in a particular setting. A condition imposed on a conditional zoning can allow a specific use on a specific parcel that the owner desires while ruling out other uses that are objectionable to the neighbors or local government if placed on that property. A condition can also expand the range of permitted uses, such as allowing a range of mixed uses within a building or allowing a wider range of uses on a larger site, but it more often restricts the uses that would have been allowed in a comparable conventional zoning district. Some zoning regulations allow only conditions that are more stringent than those in the corresponding conventional zoning district while other local ordinances allow any modifications deemed appropriate. State law allows either approach. Site plans. A site plan incorporated into a conditional rezoning can identify where roads, buildings, parking, particular uses, and buffers will be located. It can provide information on landscaping or stormwater management, although details on these aspects of the development may be addressed later in the permitting process. Securing agreement on the site plan for the forthcoming development at the rezoning stage provides clarity for the owner, developer, and neighbors as to how the development will proceed. It shows how potential adverse impacts will be addressed and minimized. A clear site plan helps assure that there will not be unpleasant surprises for any of the affected parties as the development materializes. Site development details. A related set of permissible conditions are often used to address specific aspects or details of the potential development. While not quite as frequently employed as the two conditions noted above, over 50 percent of jurisdictions responding to our 2018 survey reported frequently using these types of conditions. While a commercial district might require that buildings have a 25-foot setback from the rear property line, a conditional district could increase that to a 50-foot rear yard setback to address potential negative impacts on neighboring residential properties. Other measures could be required to buffer approved development from neighboring properties, such as requiring a solid fence at a specified location, additional landscaping, or restrictions on exterior lighting. Alternatively, the setback in a conditional district could be reduced if a smaller setback would provide an adequate distance for the particular development and setting. How streets within the development connect to neighboring streets can be specified. The location and design of driveways can be specified. A condition could set the maximum density of future residential development to assure that there are adequate streets, utilities, schools, and recreational facilities to support the development. The design of buildings can be specified to assure harmony with their surroundings. G.S. 160D-702(b) allows the imposition of building design standards even on single-family homes if that is voluntarily consented to by the owners as part of seeking approval of a rezoning. Sometimes something as simple as a condition specifying the location and screening of trash dumpsters or the hours of operation of a commercial use can be the key to resolving potential conflicts between the developer and the neighbors. As with the range of permitted uses, a zoning regulation can restrict these detailed conditions to those that are more stringent than the corresponding traditional district or it can allow any modification deemed appropriate. Infrastructure. For some developments, particularly those that are very large, securing adequate supporting infrastructure is a key consideration in development approval. The location, construction standards, and financing of roads, utilities, schools, parks, and greenways are important for both the developer and the local government. Details on how this is to be accomplished can be incorporated into the conditions included in a conditional rezoning. These types of conditions are permissible but are less commonly imposed. If there is to be substantial cost-sharing or the voluntary provision of extra public benefits, it would be prudent for the local government and the landowner to use a development agreement in addition to conditional zoning. G.S. 160D-1006(d) allows a development agreement to include mutually acceptable provisions for financing public facilities, provided that any measures offered by the developer beyond those that could be required by the local government are expressly set out in the agreement. While these additional measures in a development agreement cannot include a tax or impact fee not otherwise authorized, they can include a wide range of possible conditions, including donations of land and construction of public and community facilities. Development agreements can include, for example, an agreement to donate land for a school or a fire station, relocation of a road, or even construction of a building for a community nonprofit (such as a YMCA) – items that could not be mandated unilaterally by the local government, but which can be included in the agreement with the voluntary written consent of the landowner. The statutes antincipate that a development agreement and a conditional rezoning for a project will sometimes be negotiated and approved at the same time. G.S. 160D-1003(b) allows for a development agreement and a rezoning to be considered concurrently and for a development agreement to be incorporated into a conditional rezoning. When this is done, one of the conditions generally included in the conditional rezoning is compliance with all the terms and conditions of the accompanying development agreement. Social equity. A final set of conditions that are sometimes considered are those that address social equity concerns. While common in some states, this type of condition has to date not been frequently applied in North Carolina. These types of conditions are not specifically addressed by our statutes or cases. However, they may be proposed to secure plan compliance or to address impacts of the development. For example, some North Carolina comprehensive plans call for a full range of housing affordability in new developments. Other plans may address the need for more affordable and work-force housing. In response, some conditional zonings and development agreements have included agreement on provision of a specified amount of affordable housing or commitments to make payments to a local affordable housing trust fund. Developers of some projects are willing to commit to employment of local workers or those under- represented in the workforce, to provide job training programs, or to undertake similar initiatives. In some states community benefit agreements are used, where the developer and community organizations negotiate and adopt agreements prior to or as a part of the development approval process. These agreements can build community support for a development by assuring that members of the community, as well as the developer, benefit from the development. The degree to which a local government can enforce such an agreement if it is incorporated or referenced in a conditional zoning, or whether only the parties can do so, is unclear in North Carolina. While it is likely that these social equity conditions can be included in a conditional rezoning and in a development agreement if both the owner and the local government are agreeable, it is particularly important to secure written consent for their inclusion from the landowner. Given their novelty and the lack of express statutory authority to use them, considerable legal care is warranted if they are to be considered. Impermissible conditions. There remain a few issues that cannot be addressed by conditional zoning conditions. As noted at the outset, factors that are impermissible to be considered in any zoning regulation cannot be addressed by conditions in conditional zoning. Racial, ethnic, or religious discrimination are not permitted. A condition cannot regulate who owns the development or whether it is owner or renter occupied. Final Considerations The conditions incorporated into a conditional rezoning should be clearly stated and should incorporate all key provisions that have been agreed to by the landowner and the local government. If a condition is discussed and informally agreed to, but it is not included in the adopted rezoning, it is not legally enforceable. That said, it is important to be careful about how much detail is incorporated into the conditions. After all, once adopted the conditions become mandatory zoning standards with the force of law. While the regulations can allow minor modifications to be made administratively, all major modifications must go through the entire zoning amendment process (click for details on each). It may be desirable to leave some flexibility about the details of the approved project or to address those details at the permitting stages of development that happen after a rezoning. Just how much detail or flexibility is desired, and on which aspects of the development, is a policy and practical choice that should be considered. Finally, administration and enforcement of the zoning should be considered. Adequate record keeping, staff support to inspect for compliance and enforce conditions, and education of the landowner and neighbors are all critical for the ongoing success of conditional zoning. Creating individualized, site-specific development regulations creates a substantially more complex regulatory program than reliance on conventional zoning districts with uniform standards for all property in a particular district. While the benefits may well outweigh these costs, a local government embarking upon extensive use of conditional zoning should keep this in mind. In sum, conditional zoning is a valuable tool that allows development regulations to be carefully tailored to individual sites and particular development schemes. It allows reasoned negotiation and appropriate balancing of landowner, neighborhood, and governmental interests. Properly applied, it serves the legitimate interests of all involved. A good understanding of the scope of permissible conditions will help those involved navigate this complex process in a fair, reasonable, and legally defensible fashion. This blog post is published and posted online by the School of Government for educational purposes. For more information, visit the School’s website at ww w.sog.unc.edu. Coates Canons © 2009 to present. School of Government at the University of North Carolina at Chapel Hill.All rights reserved. Drucilla Johnson October 27, 2024 Re: Proposed Solar Ordinance Text Amendment and Hyco Solar Dear Chairman Puryear and Fellow County Commissioners, I am writing to express my strong support for the proposed solar ordinance text amendment and Hyco Solar facility in our county. As a resident of Person County for 87 years, I am deeply invested in the development and the transition to clean energy sources for my grandchildren and great grandchildren. The development of this solar facility represents a significant step forward for our county, offering numerous benefits that align with our community’s goals. I believe the solar facility will provide clean, renewable energy that can help reduce our reliance on fossil fuels. This project is also going to bring economic benefits to our community. The construction and operation of the solar facility will create local jobs, stimulate economic growth, and generate tax revenue. It is crucial that we support low-impact development that fosters economic development without burdening county resources. I understand that some concerns may arise regarding land use and the potential impact on local wildlife. However, I believe that with proper planning and environmental safeguards, we can mitigate these concerns. The chosen location for the solar facility appears to be prepared for such development, and I trust that the planning team will implement best practices to protect our local ecosystem. In conclusion, I fully support the proposed Hyco Solar facility and urge the commissioners to approve this project. It represents a forward-thinking approach to energy production that benefits our environment, our economy, and our community. Thank you for your consideration. Sincerely, Drucilla P. Johnson PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-06-25, to rename the Rural Conservation district to Rural Development Request Text Amendment TA-06-25 is a proposal to rename the Rural Conservation district to Rural Development. No changes to the permitted uses or other requirements are proposed. Introduction The proposed text amendment proposes to rename the Rural Conservation district to Rural Development to more closely align with the purpose of the district. No other changes to the district provisions are proposed. The ordinance lists the purpose of the district as “to provide for only limited land use controls in areas with limited nonagricultural development.” The ‘Find and Replace” function will be used to identify all the locations where the term and “RC” used in the current ordinance. Comprehensive Plan & Zoning Consistency For amendments like this, one is unlikely to find language in a comprehensive plan to support the amendments. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to approve renaming of the “Rural Conservation” district to “Rural Development” and find the proposal reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it better aligns the district name with its intended purpose.” Attachments: None Note: Staff did not prepare the ordinance amending the Planning Ordinance for Planning Board review since the Planning Board’s action is to recommend action to the Board of Commissioners, not actually adopt the amending ordinance. 7/28/2025 PERSON COUNTY PLANNING BOARD August 14, 2025 Discussion item Potential Text Amendment to clarify the number of dwellings permitted on a parcel. Introduction The planning ordinance does not indicate whether there can be more than one dwelling on a lot. Discussion in July indicated the board members were interested in continuing to allow multiple dwellings on a lot provided well and septic were adequate. The following language is offered for discussion and reaction. Create a new section in the ordinance to describe how multiple dwelling might be allowed. Related to this amendment, I would also suggest separating “garage apartment” from “two-family dwelling” in the permitted use table and create a use called accessory dwelling unit. I think dwelling, multiple family is meant to be treated as a “planned building group.” Therefore, I think a reference to that use should be added to dwelling, multiple family and the “x” under RC changed to an S to trigger the Special Use Permit required for all planned building groups. At the time of packet preparation, I had not gotten a reaction from Environmental Health about this language or clarity about sharing wells and septic tanks. I will have that feedback by the time of the meeting. Section 61 – Residential Density options 1. In the R and RC district, any lot may contain a second dwelling unit in the form of an attached duplex, garage apartment, or other accessory dwelling provided adequate water and wastewater systems are available for the total number of bedrooms proposed. If services are from a well and or septic system, these may be individual or shared, as authorized by Environmental Health. 2. In the RC district, any lot of 2 acres or more in size may contain multiple dwelling units when all of the following conditions exist: a. Adequate well and septic sites exist for the total number of bedrooms proposed in all dwellings. b. The well and or septic system may be individual or shared, as authorized by Environmental Health. c. Each dwelling has legal access to a public or improved private road either through direct frontage on the right of way or across a platted access easement. TA-01-25 Application Staff Report Page 2 of 2 d. A scaled drawing is presented documenting the layout of a division of the tract to place each dwelling on a separate lot in a manner complaint with the Subdivision Regulations in place at the time of permit application for the second or subsequent dwelling. The division does not need to be recorded or prepared by a formal survey. e. For the purposes of this section, the following dwelling types are authorized to be collocated on a single lot in any combination if otherwise compliant with this section: i. Single family dwelling ii. Garage apartments and other accessory dwelling units or tiny homes built to the residential building code. iii. Manufactured Home, Class A, iv. Manufactured Home Class B Dwelling, Accessory a dwelling unit constructed on a lot with a primary dwelling unit, built to the state residential building code, and generally of a smaller size while providing a complete living facility as defined in this ordinance. The accessory unit may be attached to the primary unit or freestanding. It may be located above or attached to another customary accessory structure on the lot. It may be a “tiny home” built to the residential building code. PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Dwelling, Accessory X X Dwelling, Single-Family X X X X Dwelling, Two-Family and Garage Apartments X X X X Dwelling, Multiple-Family (See Section 80Planned Building Group) S S S X S Planned Building Group (See Article Viii, Section 80) (Added 12/1/03) S X S X S S 7/28/2025 PERSON COUNTY PLANNING BOARD August 14, 2025 Discussion item Potential Text Amendment to clarify the types of land subdivision and access requirements. Introduction The Subdivision Regulations currently offer many options to provide the needed legal access to newly created lots. However, these options are not listed in one place, but have to be pieced together by reading the entire ordinance. I recommend the following amendments to make the current allowances and requirements clear: 1) Create a section that lists the types of subdivisions and remove the definitions from the definition section. a. Exempt (defined by state law) b. Family (allowed where transfer is to family members – roads are not required to be created or built) c. Minor (no more than 5 lots created, roads may be private or easements – construction not clearly required) d. Major (6 or more lots, requirement for public roads when 7 or more lots created) 2) Pull the various access options together and place in one section a. Public Road b. Private Road c. Partial width right of way d. Access easement Attached are the relevant portions of the Subdivision Regulations with some rearranged text and new text for discussion purposes. Date of Adoption: March 9, 1987 6 SECTION 16 – EXCLUSIONS Subdivision Types (Amended: 5-3-99) 16-1 Excluded or Exempt plats (retitling current text, no wording changes unless shown) The following events shall be excluded from the provisions of this Ordinance: (a) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations. (b) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication is involved. (c) The public acquisition by purchase of strips of land for the widening or opening of streets. (d) The division of a tract in single ownership, the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and the resultant lots are equal to or exceed the standards of the county as prescribed herein. (e) The division of land for use as gravesites. (f) A division of land which has been created by a judicial partition and/or sale. (g) All re-surveys of an existing lot. (h) Any plat presented for recordation on which a lot is shown and pledged as collateral for loan proceeds and where the property depicted by the plat is a portion of a larger tract of property owned by the same entity. (i) A combination of lands which adds land to previously subdivided and recorded lots which are contiguous to the addition. Plats deemed an exception to the provision of this Ordinance depicting the divisions listed above may be recorded provided the owner desiring to record such plats shall obtain a Certificate of Exception from the Planning and Zoning Administrator and shall present such certificate to the recorder as proof the exception condition is present. The required certificate shall read as follows: Certificate of Exception. I certify that said property qualifies as an exception to the provisions of the Person County Subdivision Regulations under Section 16-1. Planning and Zoning Administrator Date Person County, NC Date of Adoption: March 9, 1987 7 16-2 Family Subdivisions (relocated from Section 50-5, some wording rearrangement) Family subdivisions of property, for residential purposes and use by family members, must meet the following conditions: (Added 5-7-01) (a) Family member status is granted to a person who is a direct lineal or adopted descendant, lineal ascendant, sibling or spouse of the grantor. (b) Legal documents such as a birth certificate, marriage certificate or adoption papers will be used to show family relationship. (c) When a family subdivision is made, the plat map must have a plat map disclaimer affixed, which clearly states, “This is a family subdivision and road improvements are not required unless further subdivided”. (d) Easements to the family subdivision lots must clearly show on the plat map and include the following annotation: “Access is over a private road right-of-way, a road maintenance agreement is not required and may not be available.” (e) Family subdivision of property shall be made only one time per family member. (Added 5-7-01; Amended 8-01-05) Family subdivisions of property will not cause any road improvement or construction requirement of Section 50 and 53-2(a) of this ordinance to be imposed. A Family Subdivision may be further subdivided pursuant to this section ordinance. 16-3 Minor Subdivisions (taken from definition section with wording changes noted) Any subdivision containing not more than five (5) lots (including any remainder) division of land where all proposed lots conform to the requirements of this and the Planning Ordinance and that does not: (a) Create more than 5 lots, including any remainder. (b) Dedicate a new public road (c) Extend an existing non-conforming private road (d) Extend or require the extension of municipal facilities (e) Create any public improvements 16-3.1 Options for access within a minor subdivision a) Frontage on a public road b) Creation of a new private road meeting the Private Road Construction Standards for Person County Date of Adoption: March 9, 1987 8 c) Frontage on an existing private road d) Frontage on a private access easement fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot. The access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) All private roads and access easements meeting the minimum standard in the Addressing and Road Naming Ordinance for Person County must be named at the time of creation and the name must be shown on the plat. 16-4 Major Subdivisions (taken from definitions section with wording changes noted) All subdivisions not otherwise classified as a minor subdivision in this ordinance including, but not limited to, subdivisions of six (6) or more lots, or any size subdivision requiring any new public street or extension of local government facilities, or the creation of any public improvements. (Amended 5/3/99) SECTION 17 - CONDITIONS 17-1 Regulation of the subdivision of land and the attachment of reasonable conditions thereupon is a valid exercise of the police power granted to Person County by the State of North Carolina. The developer must encumber the responsibility to comply with conditions imposed by the Planning Board and/or Board of Commissioners for design, dedication, improvement, and restrictive use of the property in question. ARTICLE II PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISION SECTION 21- SUBMISSION OF MINOR FINAL PLAT TO THE PLANNING AND ZONING ADMINISTRATOR (As amended 11-3-97, 5-3-99, X-X-2021) 21-1 The requirements for obtaining minor final subdivision plat approval are as follows: Date of Adoption: March 9, 1987 9 (a) The subdivider shall submit to the Planning and Zoning Administrator or his designated agent at least two (2) prints of the proposed minor subdivision. Copies of the final plat may be submitted, at the discretion of the developer, simultaneously with the proposed minor preliminary plat. (Amended 5/3/99) (b) The proposed final plat shall be prepared by a professional land surveyor or engineer licensed to render said service in the State of North Carolina at a scale of no less than one (1) inch to two hundred (200) feet and shall comply with GS 47-30, as amended. (Amended 5/3/99) The following information shall also be included: Location of one- hundred year flood plain boundary and floodway, if the United States Army Corps of Engineers-prepared Flood Hazard Boundary Map is available; Reservations and easements to be dedicated to public uses or sites for other than residential use with notations expressing the purpose and limitation thereof; 21-2 The following certificates shall be placed on the minor final plat: (a) All certificates as required by GS 47-30, as amended. (b) I hereby certify that the subdivision plat as depicted hereon has been granted final approval pursuant to the Person County Subdivision Regulations. __________________________________________ Planning and Zoning Administrator Date Person County, NC 21-3 The Planning and Zoning Administrator shall review the final plat of the proposed minor subdivision and shall render the determination that said proposal does constitute a minor subdivision and meets all requirements relative thereto. Based upon those findings, the Planning and Zoning Administrator shall either approve, disapprove or conditionally approve the proposed final minor subdivision plat. 21-4 A decision shall be rendered by the Planning and Zoning Administrator within five (5) working days after receipt of the proposed minor subdivision. Exempt plats, as defined by the North Carolina Date of Adoption: March 9, 1987 21 ARTICLE V DESIGN STANDARDS SECTION 50 - DISCLOSURE OF ROAD STATUS (As amended 5-3-99; 4-3-00, 5-21-01; 1-07-02; 8-01-05) (Added 4-3-2000; 5-7-2001) 50-1 All streets within the subdivision regulation jurisdiction of Person County shall have a public or private designation and comply with either the minimum construction standards for secondary roads as required by the North Carolina Division of Highways for public roads or with minimum construction standards of private subdivision roads as specified herein. However, the Planning Board encourages the subdivider to use the public designation and give careful consideration to the design of streets in accordance with those standards provided by the North Carolina Department of Transportation. (Amended 5-21-01) 50-2 The developer shall comply with North Carolina General Statute 136-102.6 which provides for a disclosure statement from the developer to the purchaser establishing the status thereof (whether privately or public)(state-maintained) of the road. 50-2.1 If the street is designated by the developer and seller as a public street, the developer and seller shall certify that the right of way and design of the street has been approved by the Division of Highways, and that the street has been or will be constructed by the developer and seller in accordance with the standards for subdivision streets adopted by the Board of Transportation for acceptance on the highway system. 50-2.2 If the street is designated by the developer and seller as a private street, the developer and seller shall include in the disclosure statement an explanation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or parties upon whom responsibility for construction and maintenance of such street or streets shall rest, and shall further disclose that the street or streets will not be constructed to minimum standards, sufficient to allow their inclusion on the State highway system for maintenance. 50-2.3 A copy of the disclosure statement shall be given to the buyer. Written acknowledgment of receipt of the disclosure statement by the buyer shall be conclusive proof of the delivery thereof. (Amended 5- 21-01) 50-3 In subdivisions in which there are seven or more lots, roads shall be designated “Public” and comply with subdivision roads minimum construction standards required by the North Carolina Department Date of Adoption: March 9, 1987 22 of Transportation, Division of Highways (paved). Except as expressed herein, State-maintained roads shall comply with the requirements of prevailing construction standards as imposed by the North Carolina Division of Highways. (amended 5-21-01; 1-07-02) 50-4 Private roads may be used to serve 6 or less lots but must be constructed in accordance with a policy entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina" except where the provisions of Section 51 of the subdivision ordinance impose additional requirements for layout or design. (Amended 5-21-01; 1-07-02) 50-5 Private roads or private access easements may be used in Family Subdivisions. Family subdivisions are exempted from road construction requirements. However, the access shall be the width necessary and maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. 50-6 Private roads or private access easements may be used in Minor Subdivisions. A recorded access at least fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot is acceptable. However, the access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) 50-7 Provisions to address existing conditions (a) On subdivision roads constructed to NCDOT specifications and unpaved between May 3, 1999, and May 7, 2001, serving the maximum of 24 lots, there shall be no additional lots created utilizing the existing road or extension thereof without said road and extension being upgraded to standards as specified in section 50-1(a) (paved). The developer or person causing standards to be upgraded is responsible for upgrading the substandard portion of road. (Amended 5-21-01; 1-07-02) (b) Previously established subdivisions with six (6) or more lots having an interior road or roads designated as public and built to the previously accepted and approved Class “A” road as defined in “Minimum Construction Standards for Private Roads, Person County, North Carolina” may not be expanded if any additional lots will be accessed by the existing Class “A” substandard road unless the existing public road is upgraded per paragraph 50-1 (a) above as applicable. The developer or person causing the needed upgrade to the Class “A” road is responsible for upgrading the substandard portion of the road. (amended 5-21-01) Date of Adoption: March 9, 1987 23 (c) All “private” or undesignated Class A roads that existed as of May 3, 1999, the date of approval of this ordinance change are grandfathered and exempt from paragraph 50-1(a) through (d). (Amended 5/3/99, amended 4/3/00, amended 5-21-01) (f) Subdivision roads which as of March 9, 1987, the date of Person County minimum construction standards for private roads, were either in existence or referred to in a deed or plat, whether recorded or not, are grandfathered and exempt from the provisions of paragraph 50-1(a) through (e). “Grandfathered”, for purposes of Section 50-1 means a road is exempt from standards imposed by Section 50-1 until such times as an extension is made to the road, a cul de sac is added to the road, a connection is made to another road; or, for a road created after March 9, 1987, the road serves more lots than was permitted for that type road at the time it was created. If a road loses its grandfathered status, it is subject to all requirements of Section 50-1 as of the date of the loss of the grandfathered status. (Added 4/3/2000,) (Amended 5/21/01) 50-2 Family subdivisions of property, for residential purposes and use by family members, will not cause any road improvement or construction requirement of Section 50 and 53-2(a) of this ordinance to be imposed. A Family Subdivision may be further subdivided pursuant to this section. The following conditions apply to a “family” subdivision authorized by this paragraph: (Added 5-7-01) (a) Family member status is granted to a person who is a direct lineal or adopted descendant, lineal ascendant, sibling or spouse of the grantor. (b) Legal documents such as a birth certificate, marriage certificate or adoption papers will be used to show family relationship. (c) When a family subdivision is made, the plat map must have a plat map disclaimer affixed, which clearly states, “This is a family subdivision and road improvements are not required unless further subdivided”. (d) Easements to the family subdivision lots must clearly show on the plat map and include the following annotation: “Access is over a private road right-of-way, a road maintenance agreement is not required and may not be available.” (e) Family subdivision of property shall be made only one time per family member. (Added 5-7- 01; Amended 8-01-05) (Language relocated) SECTION 51 - STREET DESIGN STANDARDS - GENERAL PROVISIONS (As amended 10-17-88, 11-7-94, 5-3-99) Date of Adoption: March 9, 1987 24 51-1 In any new subdivision, the street layout shall conform to the arrangement, width and location included on any official plans for Person County. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. 51-2 Street layouts shall be as follows: (a) Street jogs with center line offsets of less than one-hundred-fifty (150) feet shall be avoided. (b) Intersections with a major street or highway shall be at least four-hundred (400) feet apart from corner property line to corner property line. (c) In subdivisions in which there are twenty-five (25) or more lots and where the subdivision access is off a state secondary road or a major highway, the subdivision entrance shall be designed to allow at least one lane ingress into the subdivision and two lanes egress out of the subdivision to allow a right turn lane and a left turn lane onto the highway. (d) Turn arounds shall have a minimum of seventy (70) feet (driving surface) unless NCDOT standards are greater. (e) Two means of ingress/egress (loop roads) are preferred. (Amended 5/3/99) (f) Where an approved concept plan shows extension of roads to subsequent phases or to additional property, a temporary turn around shall be installed. Said turn around shall have a minimum 70 foot diameter (driving surface). The temporary turn around does not have to be paved. (amended 5-21-01) 51-3 LEFT BLANK 51-4 A partial-width right of way may be allowed in a subdivision where: (a) In the judgment of the Planning Board it is found that the nature and location of the subdivision, including such considerations as topography, the surrounding area, the present and future road plans, and access by public safety vehicles, are such that a partial width right-of-way is justified; and, (b) The access serving the subdivision is classified as a Class B road in accordance with a policy entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina"; and, Date of Adoption: March 9, 1987 25 (c) The right-of-way width provided is adequate to allow for the construction of a travelway, ditches, shoulders and turn around required for the class of road serving the subdivision; and, (d) The right-of-way width provided would allow access by the largest emergency services vehicle serving the district in which the subdivision is located; and, (e) If one or more of the following conditions are met: (1) When the partial width right-of-way adjoins undeveloped property and is not less than twenty-five (25) feet in width, and when said adjoining undeveloped property is subdivided and the remainder of the full required right-of-way can be dedicated. (2) When access to the subdivision is across property owned by other than the applicant and the property owner is unwilling to grant, sell or otherwise convey the full required right-of-way width to the applicant. (3) When pre-existing conditions preclude the provision of full right of way due to the pattern of adjacent development, historical common access and/or site-specific physical constraints. (f) Failure of the Planning Board to render a decision by its next regular meeting after the request has been received shall constitute the approval thereof. The decision of the Planning Board may be appealed to the Board of County Commissioners and the failure to render a decision within forty-five (45) days shall constitute approval thereof. 51-5 Alleys shall be required in all blocks along the rear line of business property. Alleys may also be required in multiple family residential or industrial blocks if, in the opinion of the Planning Board, alleys are needed to service these areas. All permanent dead-end alleys shall be provided with a turnaround. 51-6 No alley shall have access from a major street or highway but shall have its access points confined to minor streets. 51-7 In order to provide a uniform system of road naming along both public and private roads; to eliminate duplicate or phonetically similar street names; to provide for the uniform marking of public and private streets and roadways; and to establish procedures by which road names can be named or renamed the "Road Naming Ordinance for the County of Person, North Carolina" is incorporated herein by reference. 51-8 Where a tract of land to be subdivided adjoins a federal or state highway, the subdivider may be required to provide a marginal access street parallel to the highway or reverse frontage on an interior street for the lots to be developed adjacent to the highway. If reverse frontage is required, then the Date of Adoption: March 9, 1987 26 subdivider shall be required to provide an easement ten (10) feet wide parallel and adjacent to the right of way of the highway. Such easement shall be restricted to the planting of trees or shrubs for screening purposes and shall be in addition to all other easements required by this Ordinance. 51-9 Drainage pipes shall be installed under driveways which cross a drainage ditch and these pipes shall have a minimum inside dimension of fifteen (15) inches. This requirement may be waived when valley gutter system is approved. 51-10 Driveways shall be constructed so that drainage water will not run into the road or highway. 51-11 In all major subdivisions which adjoin a major highway or state secondary road having an average daily traffic count of 2,000 vehicles or more, the subdivider shall reserve a twelve (12) foot right-of- way on that portion of the subdivision that is located along that road frontage. The right-of-way shall be measured from the centerline of the subdivision access road which intersects the major highway or state secondary road and shall be a minimum of 300 linear feet. 51-12 In all major subdivisions which adjoin a major highway or state secondary road having an average daily traffic count of 3,000 vehicles or more, the developer shall be required to construct a right turn lane into the major subdivision. Right turn lanes shall not be required where there is not sufficient road frontage along the land being subdivided and there is not sufficient right-of-way on adjacent property to construct the turn lane. It shall be the applicant's responsibility to provide written explanation of why there is not sufficient area to construct the turn lane. SECTION 52 - BLOCKS 52-1 Intersecting streets shall be laid out at such intervals that block lengths are not more than twenty-four hundred (2400) feet nor less than four hundred (400) feet except where, in the opinion of the Planning Board, existing conditions justify a modification of this requirement. 52-2 Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or nonresidential uses 52-3 Pedestrian ways or cross walks, not less than ten (10) feet in width shall be provided near the center and entirely across any block 1,200 feet or more in length or at the end of cul-de-sacs, where deemed essential, in the opinion of the Planning Board, to provide adequate pedestrian circulation or access to schools, shopping areas, churches, parks, playgrounds, transportation or other similar facilities. Date of Adoption: March 9, 1987 27 SECTION 53 - LOTS (As Amended 11-18-91, 5-3-99; 10-7-2002) 53-1 Lot sizes, shapes, and locations shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land as may be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions. 53-2 Every lot shall front or abut on a dedicated street or a private road constructed in accordance with the provisions of this Ordinance except as follows unless otherwise allowed due to the type of subdivision or other provision of this ordinance: (a) Lots located in one (1) to five (5) lot subdivisions, provided there shall exist a recorded access at least fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot. However, the access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) 53-3 Proposed lot lines and the centerline of a proposed street may be coterminous, provided however that a ten (10) foot utility easement is located within the proposed street right of way. Further, that portion of the lot which is located within the proposed street right of way may be used to comply with minimum lot size requirements shown in Section 55. 53-4 Residential lots not having access to public water and public sewage disposal shall be at least 43,560 square feet in area of usable land not less than one hundred (100) feet wide at the building line. 53-5 Where public water and sewer facilities are not available and individual water supplies or individual sewage disposal systems are planned, the subdivider, at his own expense, shall have the site investigated under the supervision of the County Health Department or other person approved by the County Health Department to determine whether or not such individual facilities are feasible and shall present proof to the Planning Board that appropriate soil tests have been conducted and each lot in the subdivision not served by public water and sewage disposal systems has been approved by the County Health Department for individual water supplies and/or sewage disposal systems. The site investigation for sewage disposal shall include sufficient number of percolation tests, and test holes PERSON COUNTY PERSON COUNTY PLANNING BOARD MEETING MINUTES Person County Office Building, Room 215 July 10th, 2025, 7:00 PM CALL TO ORDER/DETERMINATION OF A QUORUM Chair George established a quorum had been met and called the meeting to order at 7:00 ROLL CALL Members Present: Chair George, Vice Chair Allen, Member James, Member Lester, Member Lynch, Member McFarland, Member Wagstaff Staff Present: Interim Director Margaret Hauth, and Michie Brandon Planning Technician, and Board Recording Secretary CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS Chair George read the conflict-of-interest statement, and all members stated they did not have a conflict of interest. NEW BUSINESS Interim Director Hauth opened the portion of the meeting for 2025 election of Planning Board Chair. Member James made a motion to elect Member George as Chair. Member Lynch seconded. A vote was made, and it passed 7:0. Interim Director Hauth opened the portion of the meeting for 2025 election of Vice Chair. Member James nominated Member Allen as Vice Chair. Member Lynch seconded and it passed 7:0. TA-02-2025 – Text Amendment Chair George opened the portion of the meeting for Interim Director Hauth to give the staff report regarding the proposed use “commercial shooting range.” The members heard from the applicant and discussed the proposed language with him. Member Lynch asked about the other laws that would apply to this use and Mr. Pilkington indicated they were limited and did not speak to how ranges were set up for safety. Member Wagstaff requested that the use be listed as a Firearms Training and Education. The members agreed this fairly described the use Mr. Pilkington was requesting better than the name provided by staff. Chair George suggested to limit any businesses with this use to sunrise to sundown and Mr. Pilkington agreed. Interim Director Hauth suggested changing "may" to "shall" in the last sentence to ensure the definition accurately reflects the requirement for oversight during shooting. Member McFarland made a motion stating I hereby move to approve the ordinance, titled “An Ordinance Amending the Person County Planning Ordinance to Define Fire Arms Training and Education as a Permitted Use”, and find the document reasonable in the public’s interest and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because the amendment is consistent with the stated purpose of the zoning district. With the definition stating “The use of a property for the discharge of archery devices and/or firearms, with a fee or membership basis, indoors or outdoors. The use shall not operate beyond daylight hours (sunrise to sunset). The purpose of the discharge may be for skills development, training, or competition, and is subject to all local, state, and federal firearms laws. The use shall include classroom and/or practical training and education regarding ownership, safety, handling, and marksmanship for the individual’s recreation, hunting, or self-defense purposes.” Member Wagstaff seconded. It passed 6:1, and Member Lester expressed her concerns regarding noise and Safety. It would be more contained as it is permitted currently. TA-03-2025 – Text Amendment Chair George opened the floor for TA-03-2025. Interim Director Hauth identified the sections in the ordinance that needed updating in the Planning Ordinance. Chair George stated to update the references where it states section 75 and add sections 72 and 73 for more clarity. Chair George suggested removing the detailed duties in the definition of Planning Board and Board of Adjustment since they did not match the longer list proposed in the two new sections. Member Lynch suggested add a reference to the duties list for each board to the definition. Vice Chair Allen stated under 144-2 to change the title to the Board of Adjustment. Vice Chair Allen made a motion that the Planning Board adopt the Text amendment as amended for adoption into the current Planning Ordinance. Member McFarland seconded and it passed 7:0 TA-04-2025 – Text Amendment Chair George opened the floor for TA-04-2025. The Interim Director Hauth presented the text amendment to the Board to modify the zoning permit duration of approval. Member Lynch stated to add “zoning permit validity” and strike the “planning ordinance” under request. Vice Chair Allen made a motion to approve TA-04-2025 as provided. Member McFarland seconded and it passed 7:0. TA-05-2025 – Text Amendment Chair George opened the portion of the meeting for TA-05-2025. Interim Director Hauth presented the text amendment corrections to reference state law and add amendment dates in the Subdivision Regulations. Member Lynch stated that under "Planning and Zoning department analysis and potential motion" to correct the wording should be corrected because it was copied and pasted incorrectly. A motion was made by Member Lynch and Member McFarland seconded, and it passed 6:0 DISCUSSION 1. Person County Strategic Plan The Interim Director presented the proposed plan to the Planning Board. Member James stated that the UDO was not listed. Chair George stated that it had been struck at the commissioners’ meeting. Member James asked for clarification that two Commissioners out of all the Commissioners will be working with two people of their choosing and will be working through the document. Mrs. Sherry Wilborn stated from Mrs. Wilborn’s point of view the UDO is dead. From the Commissioners meeting what was talked about was working with staff towards combining some planning ordinances, keeping some separate, and bringing pieces of the UDO into the current document to bring it up to date and where it needs to be. Member James asked how the changes would be reviewed. Interim Director Hauth stated the amendments would be reviewed in public hearings with the Planning Board first, then the Board of Commissioners. Vice Chair Allen asked if the Commissioners had a deadline. Commissioner Wilborn stated as soon as possible. Member George stated that the hearings were advertised in the newspaper many times during the previous process and the public did not come. The public had a chance to speak and will get a chance to speak again. 2. Discussion of possible amendments regarding the number of dwellings allowed on a lot. Interim Director Hauth presented information on the topic for the discussion. Member Lynch asked if limiting density based on the number of beds and baths approved for well and septic solve the issue. Interim Director Hauth stated that staff want to know what the goal of the Board is. She asked for clarity that well and septic were the primary concern and whether the board wanted to require the division of lots or allow more shared ownership. She gave the example of 20 acres and in theory, you can get twenty wells and septic out there, which would allow 20 houses. Access may become an issue as might shared ownership. Chair George, if it were a single lot with a single owner some of those issues would remain with the property owners and they could evict them. Interim Director Hauth stated that it is a complete rental situation. Member McFarland stated an issue with the 1 house per single lot is that say you are in the deferred tax program and own multiple acres. Your son wants to build a house on an acre of that land but now you have to subdivide. When you subdivide you get penalized for subdividing that acre off. Chair George stated the UDO consultants wanted one house per lot and the planning board changed that, but it did not make it into a UDO. It was stated to protect farmland and heritage lands and not create nonconformities. Interim Director Hauth asked what the number of dwellings was acceptable. Chair George stated there was no number, it was based on well and septic and you could not put more than 3 on a lot. Chair George stated her concern about changing it to one. The Hurricane Helene relief bill prevents us from creating nonconformities by our ordinance. The County may have to do an investigation throughout the county to find the maximum number of houses on a lot and set that as the limit. Member McFarland stated there are also other regulations such as stormwater easements and well and septic setbacks. Member Wagstaff asked why manufactured homes have fewer rights than other homeowners. Interim Director Hauth stated that because mobile homes as built to a different code it is a legal fiction. The Building Code that regulates them is different, they are also built differently, and it is legal to regulate them differently due to that. Member Wagstaff asked if it was size based. Chair George stated they are sized based. Member Wagstaff asked why size matters. It seems they are sacrificing property rights. Member Lynch asked if it was the state regulations that required this. Interim Director Hauth stated the state allows you to regulate them differently, but it is not required. You can say a dwelling unit is a dwelling unit. The issue may come in where there are two building codes but if you wanted to do away with the distinction, we would have to look into exactly how it would be written for inspections. Chair George stated that new ones are built a lot better than the older ones. Vice Chair Allen asked if a tiny house was the same as stick-built home, or a manufactured home. Interim director Hauth stated it depends on which code the tiny home was built. Vice Chair Allen asked about using a tiny home as a temporary measure while building a regular home. Interim Director Hauth said records seem to indicate that has been allowed in the past, but I cannot find the language to allow it in the ordinance. Member Wagstaff asked it looks like you built four townhouses attached together it's ok but if you separate them, it becomes a problem. Interim Director Hauth stated that it would be an example of a Planned Building Group. Member Wagstaff stated that a special use permit would be required for that. It seems that when people sell those, they have to sell them all at one time. Interim Director Hauth states that in the RC district, you will probably not have water and sewage to support that use. So it will be more into the Residential District, or business districts. Interim Director Hauth stated that the guidance of the well and septic, and water and sewer, is the driving force. The overall density of one unit per acre and safe access allows Interim Director Hauth to decide in what direction to write the proposed regulation in. Chair George requested to change the name of Rural Conservation district by striking Conservation. Commissioner Wilborn stated it was the Commissioners intention to change it to Rural Development. Member James made a motion to sponsor a text amendment to change Rural Conservation to Rural Development at the next meeting. Member McFarland seconded it passed 6:1. APPROVAL OF MINUTES The June 12th, 2025, minutes were brought to the Board for approval. Chair George stated on the first page, the paragraph starting with Tommy Yarbrough, in the last line, change “started” to “stated.” Chair George stated on page two, the second to last paragraph, four lines down, change it to occupancy use. Chair George stated on page two, the last paragraph, the last line, correct payment. Chair George stated on page three the second line of the motion midway through the page correct validity. Chair George stated second paragraph under item 3, changing the word minutes. Chair George stated in the next paragraph could we add the word minutes. Member Lynch made a motion to approve as revised, and Member McFarland seconded, and it passed 5:0 Member Wagstaff and Member Lester abstained because they were not there. ADJOURNMENT Chair George called for a motion to adjourn, and Vice Chair Allen made a motion. Vice Chair Allen motioned, and Member James seconded, and it passed unanimously 7:0. The meeting adjourned at 9:14 P.M. ___________________________________ Chair, Tabitha George ___________________________________ Recording Secretary, Michie Brandon Planning Technician, Person County Planning and Zoning