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HomeMy WebLinkAbout11-21 Solar Siting Fee and ReceiptCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 27, 2022 Sarn Gulland Torch Clean Energy 230 Court Square, Ste B102 Charlottesville, VA 22902 RE: Conditional Use Permit #11-21 Bartonsville Energy Facility 1[, LLC. Property Identification Numbers (PfNs): 73-A-104, 74-A-18, 18A, 18B, 19 & 20 and 85-A-1 Dear Mr. Gulland: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 26, 2022. The Conditional Use Permit #11-21 was approved for a utility - scale solar power generating facility. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VM of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address additional regulations for specific uses outlined in §165- 204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Phase E Expansion Area Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated October 26, 2021. Pursuant to Code of Virginia f §15.2-2241.2(B), the owner shall comply witl3 the Exhibit D: Expansion Area Decommissioning Plan, included with the CUP application, prepared by Torch Clean Energy, dated September 2021, and shall update the Expansion Area Decommissioning Plan every five (5) years. 4_ Within thirty (30) days after the Corrunercial Operation Date, Bartonsville Energy Facility 1I, LLC shall make a one-time payment to the County in the arnount of Seven Hundred Fifty Thousand Dollars ($750,000.00) (the "Payment"). These conditions shall be memorialized in a solar siting agreement with Frederick County, attached as Schedule C-1 of these Conditions, pursuant to Code of Virginia Section 15.2-2316.6 et seq. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 WI LM INGTON TRUST Trust Operations PO Box 1377 Buffalo, NY 14240 Please Contact: 1-800-982-4620 000000039 FTRSCSTBDG0002112517 01 000000 2/11/25 IN' 52 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET NORTH BUILDING, 2ND FLOOR WINCHESTER, VA 22601 DISBURSEMENT ACCOUNT 157325-001 OFFICER 0376 KEVIN PENNANT FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET NORTH BUILDING, 2ND FLOOR WINCHESTER, VA 22601 -229585689- 2/11/25 ❑ INCOME © PRINCIPAL $750,000.00 RE: INV 2012025 CAPITAL PAYMENT REQUIRED FOR BUILDING PERMIT CLOSURE TRSCHK-TRCHK7 DETACH & RETAIN FOR YOUR RECORDS OFFICIAL CHECK WILMINGTON - No. 229585689 10-4 TRUST 220 157325-001 Date 2/11/25 PAY SEVEN HUNDRED FIFTY THOUSAND AND NO1100 TO THE FREDERICK COUNTY DEPARTMENT OF ORDER PLANNING AND DEVELOPMENT OF 107 NORTH KENT STREET NORTH BUILDING, 2ND FLOOR WINCHESTER, VA 22601 U.S. DOLLARS $ 750,000.00 TWO SIGNATURES REQUIRED FOR AMOUNTS OF $90,000 AND OVER 4�e /'r.JIL UTH IZED NATURES MANUFACTURERS AND TRADERS TRUST COMPANY- - - 111 2 29 58 56$9v 1:0 2 2000046i: 1700 508 79' 20QS611'' IS Outlook RE: Solar Siting Agreement Check From Cheryl Shiffler <cshiffle@fcva.us> Date Wed 2/19/2025 3:02 PM To Wyatt Pearson <wyatt.pearson@fcva.us> Cc Michael Bollhoefer <michael.bollhoefer@fcva.us>; Angela Whitacre <awhitacr@fcva.us> Wyatt, We have set up a revenue code in the BOS capital fund for Solar Sitting revenue. The GL code is 3083-019110-0001. The Treasurer's code is 8303.If you need anything else, let me know. Cheryl From: Wyatt Pearson <wyatt.pearson@fcva.us> Sent: Wednesday, February 19, 2025 1:39 PM To: Cheryl ShifFler <cshiffle@fcva.us> Cc: Michael Bollhoefer <michael.bollhoefer@fcva.us> Subject: Solar Siting Agreement Check Cheryl, We got the $750,000 check for one of the solar siting agreement. Since this seems different than a proffer we wanted to check with you all about how to handle it. Here is the agreement language. Use of Payment by the County. The County plans to apply the Payment to critical infrastructure projects to improve citizen quality of life, including but not limited to expanding educational opportunities, health care ( telehealth), and economic development, through significant investments in broadband deployment throughout the County. Notwithstanding the above, the Payment may be used for any of the following purposes: (a) to fund the capital improvement program ( CIP) of the County ( b) to meet needs of the current fiscal budget of the County, ( c) supplement or establish any fund for which the County maintains a balance policy, ( d) support broadband funding, all as permitted § 15.2-2316. 7. What should I tell me staff to do with it? Thanks, Wyatt Pearson Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 �� WILMINGTON TRUST Trust Operations PO Box 1377 Buffalo, NY 14240 Please Contact: 1-800-982-4620 000000039 FTRSCSTBDG0002112517 01 000000 2/11/25 52 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET NORTH BUILDING, 2ND FLOOR WINCHESTER, VA 22601 DISBURSEMENT ACCOUNT 157325-001 OFFICER 0376 KEVIN PENNANT FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET NORTH BUILDING, 2ND FLOOR WINCHESTER, VA 22601 No. 229585689 2/11/25 ❑ INCOME ® PRINCIPAL $750,000.00 RE: INV 2012025 CAPITAL PAYMENT REQUIRED FOR BUILDING PERMIT CLOSURE TRSCHK:TRCHK1 DETACH & RETAIN FOR YOUR RECORDS HIS CHECK CONTAINS A ECURITY ARK 0 NOT. CCEPT WITHOUT. HOLDING T AN NGL O' ER1FY_ ECURCTY _ !RK^OFFICIAL CHECK I MINGTON TRU157325-001 PAY SEVEN HUNDRED FIFTY THOUSAND AND NO/100 TO THE FREDERICK COUNTY DEPARTMENT OF ORDER PLANNING AND DEVELOPMENT 8 OF 107 NORTH KENT STREET NORTH BUILDING, 2ND FLOOR WINCHESTER, VA 22601 No. 229585689 220 Date 2111/25 U.S. DOLLARS $ 750,000.00 TWO SIGNATURES REQUIRED FOR AMOUNTS OF $10,000 AND OVER V6TH0A IZED NATURES MANUFACTURERS AND TRADERS TRUST COMPANY II' 2 29 5B 5689110 1:0 2 20000461: L 700 508 79 2008611■ DATE --_ — RECEIVED FROM- ADDRESS - ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT PAID CHECK BALANCE MONEY DUE ORDER - RECEIPTnII MBER DOLLARS $ BY RECEIPT N U - M B E R DATE RECEIVED FROM— - - ADDRESS -- - DOLLARS $ - FOR ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT CHECK PAID BALANCE MONEY DUE ORDER DATE --. 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