§ 15.2-2316.9 — Effect of executed siting agreement; land use approval

Virginia § 15.2-2316.9

• Jurisdiction: Virginia
• Title 15.2: Counties, Cities and Towns
• Subtitle II: Powers of Local Government
• Ch. 22: Planning, Subdivision of Land and Zoning
• Art. 7.3: Siting of Solar Projects and Energy Storage Projects

Text

A. Nothing in this article shall be construed to exempt an applicant from any other applicable requirements to obtain approvals and permits under federal, state, or local ordinances and regulations. An applicant may file for appropriate land use approvals for the solar project or energy storage project, as applicable, under the regulations and ordinances of the host locality at or after the time the applicant submits its notice of intent to site a solar project or energy storage project as set forth in subsection A of § 15.2-2316.7.

B. Nothing in this article shall affect the authority of the host locality to enforce its ordinances and regulations to the extent that they are not inconsistent with the terms and conditions of the siting agreement.

C. Approval of a siting agreement by the local governing body in accordance with subsection B of § 15.2-2316.8 shall deem the solar project or energy storage project to be substantially in accord with the comprehensive plan of the host locality, thereby satisfying the requirements of § 15.2-2232.

D. The failure of an applicant and the governing body to enter into a siting agreement may be a factor in the decision of the governing body in the consideration of any land use approvals for a solar project or energy storage project, but shall not be the sole reason for a denial of such land use approvals.

Legislative History

2020, c. 802; 2021, Sp. Sess. I, cc. 57, 58.