Virginia Code 15.2-2316.9: Effect of executed siting agreement; land use approval.
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.
Terms Used In Virginia Code 15.2-2316.9
- Energy storage project: means the energy storage facilities within the project site. See Virginia Code 15.2-2316.6
- Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
- Host locality: means any locality within the jurisdictional boundaries of which construction of a commercial solar project or an energy storage project is proposed. See Virginia Code 15.2-2316.6
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Solar project: means the solar facilities, subject to this chapter, that are within the project site. See Virginia Code 15.2-2316.6
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
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.