A COMPILATION OF SUBSTATION & PUBLIC UTILITY REQUIREMENTS FROM MARYLAND LOCAL ZONING ORDINANCES

Transcription

1 A COMPILATION OF SUBSTATION & PUBLIC UTILITY REQUIREMENTS FROM MARYLAND LOCAL ZONING ORDINANCES Prepared By Richard D. Klein Community & Environmental Defense Services 811 Crystal Palace Court Owings Mills, Maryland Fax: ceds.org March 17, 2011

2 INTRODUCTION This document contains electric substation requirements from local zoning ordinances adopted by 17 of Maryland s 23 counties and Baltimore City. Most of the ordinances address substations as a subset of a collection of related uses termed public utilities. Also noted below is whether these uses are permitted in agricultural or rural conservation zones by-right, special exception or conditional use. First a summary of best practices from all the ordinances is presented in the form of a possible amendment to Baltimore County Zoning Regulations (BCZR) Section 411 Public Utility Uses. BEST PRACTICES Following is a list of the specific requirements from the ordinances which would be most effective in: a) ensuring a substation is genuinely needed, b) guiding substations to the best site, and c) requiring designs which minimize negative effects. 1. Public utilities shall not be located within Rural Legacy Areas. 2. The use, at the location selected, is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere. 3. The use shall not seriously impair the use of neighboring property. 4. The proposed building or structure at the location will not endanger the health and safety of workers and residents in the community. 5. A reasonable effort shall be made by the applicant to contact and inform area homeowner associations and community associations of the proposed use together with an informational meeting. 6. The architectural scale, design, and landscaping treatment of the use shall be compatible with other development in the area and shall be fully or partially enclosed as may be necessary to provide compatibility. a. A public utility building allowed in any residential zone, must, whenever practicable, have the exterior appearance of a residential building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary. b. A public utility building allowed in any agricultural zone, must, whenever practicable, have the exterior appearance of an agricultural building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary. 7. Utility corridors shall be used to the extent practical. Page 2 of 13

3 8. Sites should be selected where topography minimize visual effects. 9. Findings shall be made regarding adverse effects of the project on the character of the surrounding area including impacts from sound, light, visual appearance, impervious surfaces, traffic impacts, and on forest and wildlife impacts. 10. There shall be selective vegetative clearance for the right-of-way for soil erosion control. 11. Structures, such as transmission line towers may exceed the maximum height limitations of the zoning district in which the use is located if the excess height is the minimum necessary to accomplish the purpose of the structure and minimum setbacks are increased by one foot for each excess foot in height. A public utility building and public utility structure exceeding the height limits of the applicable zone may be approved if adjacent residential developments and agricultural uses will not be adversely affected by the proposed use. 12. All applications for nongovernmental utilities shall be forwarded to the Historic Preservation Commission for review and comment. Comments from the Historic Preservation Commission shall be considered and findings shall be made regarding the project's impacts on any historic district, registered historic property, parks, designated heritage area, and other historic or cultural resource. When there is a finding of negative impact based upon evaluation of the above, mitigation shall be required to the maximum extent practicable. Required mitigation may include the construction of fences, barriers, mandatory setbacks, the surfacing of access drives, shielding of lighting, or the establishment of buffers, vegetative screening, or landscaping. PUBLIC UTILITY PROVISIONS - LOCAL MARYLAND ZONING ORDINANCES ALLEGANY COUNTY Zoning ordinance not online. ANNE ARUNDEL COUNTY Substations & Ag-Zone: Public utilities are a special exception use in the Open Space zone Public utility uses. 1. A public utility use shall comply with all of the following requirements. (1) The architectural scale, design, and landscaping treatment of the use shall be compatible with other development in the area and shall be fully or partially enclosed as may be necessary to provide compatibility. (2) The use shall be necessary for public convenience at the designated location. (3) Utility corridors shall be used to the extent practical. Page 3 of 13

4 (4) The alignment shall follow the topography to minimize any effects to the terrain. (5) There shall be selective vegetative clearance for the right-of-way for soil erosion control. (6) Structures, such as antennas and lightning masts, may exceed the maximum height limitations of the zoning district in which the use is located if the excess height is the minimum necessary to accomplish the purpose of the structure and minimum setbacks are increased by one foot for each excess foot in height. (Bill No. 4-05; Bill No ) BALTIMORE CITY Substations & Ag-Zone: Of course Baltimore City does not have an agricultural zone Use regulations public utility and government services. Notwithstanding any other provision to the contrary, no public utility or government service use may be located in any flood plain if it: (1) might impede, retard, or change the direction of the flow of water; (2) will catch or collect debris carried by the water; or (3) is placed where the natural flow of the stream or flood waters would carry it downstream to the damage or detriment of any public or private property in or adjacent to the flood plain. (City Code, 1976/83, art. 30, 3B.7.) (Ord ) BALTIMORE COUNTY Substations & Ag-Zone: The unusually worded text in the BCZR indicates public utilities are a special exception use in the RC-2: Public utility uses not permitted as of right. Section 411 Public Utility Uses [BCZR 1955] For public utility uses permitted only by special exception in addition to the provisions of Section 502, the following regulations shall apply Conditions for use. The use must be needed for the proper rendition of the public utility's service, and the location thereof shall not seriously impair the use of neighboring property. Page 4 of 13

5 411.2 Exterior appearance. In any residential zone in the Metropolitan District of Baltimore County, public utility buildings and structures, to the extent practicable, shall have an exterior appearance harmonious with the general character of the neighborhood, including architectural treatment, landscaping, screen planting and/or fencing, and plans therefor shall be approved by the Zoning Commissioner Electric light and power transmission lines. Electric light and power transmission lines carrying more than 35,000 volts shall be governed by the following principles, standards, rules, conditions and safeguards (in addition to the foregoing): A. For the purposes of the control of the location and construction of such electric light and power transmission lines, there is hereby created an additional zone which shall conform to the present or future boundaries of the Metropolitan District of Baltimore County and be known as the "Metropolitan Zone." Within the said Metropolitan Zone, but excluding manufacturing zones therein, the Zoning Commissioner or the County Board of Appeals, upon appeal, shall have the power to require that such electric light and power transmission lines or portions thereof be located underground in cables or conduits. In the exercise of such power, the Zoning Commissioner and the County Board of Appeals, upon appeal, shall consider and be guided by the following factors and standards: 1. The crossing of much traveled highways or streets. 2. The proximity of the line to any school, church, theater, club, museum, fairground, racetrack or other place where persons may congregate. 3. The probability of extensive flying over the area and its general nearness to any airport. 4. Any fire hazard or interference with fire-fighting equipment due to the location and construction of the proposed line. 5. The future conditions to be reasonably anticipated in each such area in the normal course of development. 6. The said Commissioner or Board, on appeal, may also consider the comparative costs of underground and overhead construction, including not only reasonable estimates of rights-of-way cost but also estimated damage to neighboring property, whether or not the owners of such property would be legally entitled to compensation for such damage; but the fact that the total cost to the applicant of placing a line or any portion thereof underground would be greater than locating it overhead, in any given case, shall not in itself be deemed sufficient cause to prevent a requirement for underground construction. 7. Any other matter or thing deemed by the Commissioner or Board to be material in connection with the public health, safety or general welfare. Page 5 of 13

6 Editor's Note: Possibly conflicts with Section C. CALVERT COUNTY Substations & Ag-Zone: Substations appear to be a by-right use in the ag-zone. No requirements specific to public utilities. CAROLINE COUNTY Zoning ordinance not online. CARROLL COUNTY Substations & Ag-Zone: Substations are conditional uses in all zoning districts Utility equipment and towers. [Amended 04/07/09 by Ord. No ] A. The following uses, exclusive of communications towers, are allowed in any district and are exempt from lot area, lot width, and yard requirements: overhead electric and telephone lines; underground utility lines and distributing equipment; conduits; vaults; pipeline laterals; mains; traffic signals; telephone booths and pedestals; sewerage pumping stations; sewerage treatment plants; water filtration plants; reservoirs; the structures in which these uses are housed; and other similar installations and equipment or accessories of public utility nature. However, the plans for overhead electric transmission lines of 69 kilovolts or more, cross country telephone trunk lines, or a transmission pipeline shall be submitted before the beginning of construction to the Planning and Zoning Commission for its review and approval, based upon consistency with the County Master Plan. B. The following uses, exclusive of communications towers, shall be conditional uses in all zoning districts: buildings, yards, stations or substations for transforming, boosting, switching, or pumping purposes where such facilities are constructed above ground; and telephone exchanges. CECIL COUNTY Substations & Ag-Zone: Substations are a by-right uses in all zones. Section 114. Electric Power, Gas Transmission and Telecommunications Buildings and Structures ( ) Electric power, gas transmission and telecommunications buildings and structures, including substations, shall be permitted in all zones provided: 1. Public utility buildings, whenever practicable, shall have the exterior appearance of residential buildings when in a residential zone and shall have suitable landscaping, screen planting, and fencing. Page 6 of 13

7 2. Examples of electric power, gas transmission and telecommunication buildings and structures are buildings and structures for the occupancy, use, support, or housing of switching equipment, regulators, stationary transformers, and other such devices. CHARLES COUNTY Substations & Ag-Zone: Substations are a special exception use in the agriculture zone Electric power, gas transmission and telecommunications buildings and structures not associated with a tower. [Amended by Ord. No ; by Ord. No ; by Ord. No ; by Bill No ] This use is permitted by special exception in the AC, RC, RR, RL, RM, RH, RO, CC, BP, PEP, MX, TOD, CER, WC and AUC Zones, subject to the following standards: A. Utility buildings or structures may be allowed, subject to the following: (1) The proposed building or structure at the location is necessary for public convenience and service. (2) The proposed building or structure at the location will not endanger the health and safety of workers and residents in the community and will not substantially impair or be detrimental to neighboring properties. B. Public utility buildings in any permitted residential zone shall, whenever practicable, have the exterior appearance of residential buildings and shall have suitable landscaping and screen planting and fencing. C. The Board shall prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including soundproofing; for the construction of fences, barriers or other safety devices; for surfacing of all access roads and driveways; shielding of floodlights or other artificial illumination; and landscaping or screening. DORCHESTER COUNTY Substations & Ag-Zone: Substations are a special exception use in the agriculture zone. No requirements specific to public utilities. FREDERICK COUNTY Substations & Ag-Zone: Substations are a special exception use in the agriculture zone NONGOVERNMENTAL UTILITY IN RC, A, R-1, R-3, R-5, R-8, R-12, R-16 AND VC DISTRICTS. The following provisions shall apply to a nongovernmental utility in RC, A, R-1, R-3, R-5, R-8, R-12, R-16 and VC Districts. (A) Minimum setback from all property lines is 50 feet. Structures, fencing or parking are not permitted within the setback area. Page 7 of 13

8 (B) Screening and landscaping is required as approved by the Board of Appeals. (C) Within the RC District, the requirements of of this Code will be met. (D) When permitted in any residential district, a nongovernmental utility shall have the exterior appearance of residential buildings and shall have suitable landscaping, screen planting and fencing, deemed necessary by the Board of Appeals. (E) Provide information to indicate the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property. (F) When approving a nongovernmental utility use, the Board of Appeals may authorize future changes not requiring further Board of Appeals approval within a 10 year period of the initial special exception approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Board of Appeals. The site plan must show initially proposed and future buildings and structures as reasonably expected within 20 years or the foreseeable future. (G) A reasonable effort shall be made by the applicant to contact and inform area homeowner associations and community associations of the proposed use together with an informational meeting. (H) Tests to determine mitigation requirements. In the event the Board determines to grant the special exception, the Board shall consider the following areas to determine the extent that impact mitigation measures will be required. (1) The Board shall make findings that the proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties. (2) The Board shall make findings regarding adverse effects of the project on the character of the surrounding area including impacts from sound, light, visual appearance, impervious surfaces, traffic impacts, and on forest and wildlife impacts. (3) All applications for nongovernmental utilities before the Board shall be forwarded to the Historic Preservation Commission for review and comment. The Board shall consider comments from the Historic Preservation Commission and shall make findings regarding the project's impacts on any historic district, registered historic property, parks, designated heritage area, and other historic or cultural resource. When there is a finding of negative impact based upon evaluation of the above, the Board shall to the maximum extent practicable require mitigation. Required mitigation may include the construction of fences, barriers, mandatory setbacks, the surfacing of access drives, shielding of lighting, or the establishment of buffers, vegetative screening, or landscaping. (I) When permitted in nonresidential zones, a nongovernmental utility shall have an appearance consistent with the surrounding neighborhood. (J) All applications shall include information as to how the applicant has addressed the visual impact of the nongovernmental utility on neighboring county designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, designated heritage areas, historic sites and sites eligible for designation. (K) Provide photographs of the existing conditions of the site and area. (L) Provide photo-documentation that a balloon test has taken place at the proposed site location (for substations only). Page 8 of 13

9 (Ord , 40-72(A-13), ; Ord , ; Ord , ; Ord , ) GARRETT COUNTY Garrett County does not have a countywide zoning ordinance. HARFORD COUNTY Substations & Ag-Zone: Substations are a by-right use in the Ag-zone. No requirements specific to public utilities or substations. HOWARD COUNTY Substations & Ag-Zone: Substations are a conditional use in the Resource Conservation (RC) zone. 54. Utility Uses, Public A conditional use may be granted in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-A-15, RMH, R-SI, R-VH, HO, HC, POR, CCT, B-1, B-2, SC, BR, PEC, PGCC, CE, TOD, CAC and TNC Districts for the following public utility uses, subject to certain conditions: a. Permitted Uses: (1) Utility substations. (2) Above ground pipelines. (3) Pumping stations and compression stations. (4) Telecommunication equipment facilities. b. Special Conditions: (1) The proposed location, design and method of operation will not have a detrimental effect on the privacy and quiet of the neighborhood and the safety of its inhabitants. (2) The design of proposed buildings and the landscaping treatment of the site will be in harmony with the area. (3) The Hearing Authority may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers or other safety devices, for surfacing of access driveways, for shielding of lighting, and/or for landscaping or screening. (4) When approving a public utility use, in its discretion, the Hearing Authority may authorize future changes not requiring further Hearing Authority approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Hearing Authority. (5) When approving a public utility use, the Hearing Authority may approve an Page 9 of 13

10 accessory commercial communications tower to serve that use. KENT COUNTY Broken link: MONTGOMERY COUNTY Substations & Ag-Zone: Public utilities are a special exception use. Sec. 59-G Public utility buildings and structures. 1. (a) A public utility building or public utility structure may be allowed by special exception. The findings of this subsection (a) do not apply to electric power transmission or distribution lines carrying in excess of 69,000 volts. For other buildings or structures regulated by this section, the Board must make the following findings: (1) The proposed building or structure at the location selected is necessary for public convenience and service. (2) The proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties. (b) A public utility building allowed in any residential zone, must, whenever practicable, have the exterior appearance of a residential building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary by the Board. (c) The Board may approve a public utility building and public utility structure exceeding the height limits of the applicable zone if, in the opinion of the Board, adjacent residential developments and uses will not be adversely affected by the proposed use. (d) Examples of public utility buildings and structures for which special exceptions are required under this section are buildings and structures for the occupancy, use, support or housing of switching equipment, regulators, stationary transformers and other such devices for supplying electric service; telephone offices; railroad, bus, trolley, air and boat passengers stations; and above ground pipelines. (e) Reserved. (f) In addition to the authority granted by Section 59-G-1.22, the Board may attach to any grant of a special exception under this section other conditions that it may deem necessary to protect the public health, safety or general welfare. (g) Petitions for special exception under this section may be filed on project basis. (h) A petitioner under this section is considered an interested person for purposes of filing a request for a special exception if the petitioner states in writing under oath that a bona fide effort has been made to obtain a contractual interest in the subject property for a valid consideration without success, and that there is an intent to continue negotiations to obtain the required interest Page 10 of 13

11 or in the alternative to file condemnation proceedings should the special exception be granted. (Legislative History: Ord. No , 9; Ord. No , 6; Ord. No , 1; Ord. No , 1; Ord. No , 2; Ord. No , 11.) Editor's note-section 59-G-2.43(f) is interpreted and held preempted by Article 78 of the Maryland Annotated Code in Howard County v. Potomac Electric Power Company, 319 Md. 511, 573 A.2d 821 (1990). Both Montgomery County and Howard County required a special exception for installation of the power lines. Although the Montgomery County Board of Appeals approved a special exception to PEPCO, Howard County denied the application before it, and the company appealed. The Court of Appeals held that the Public Service Commission Law governing electric companies preempted by implication local regulation of the construction of overhead transmission lines in excess of 69,000 volts. The special exception requirement, therefore, could not be applied to PEPCO for the construction of the overhead transmission lines. Section 59-G-2.43(f) is cited in a footnote in Potomac Electric Power Co. v. Montgomery County, 80 Md. App. 107, 560 A.2d 50 (1989). PRINCE GEORGE S COUNTY Substations & Ag-Zone: Public utilities are a special exception use. Sec Public utility use or structure. (a) A public utility use or structure may be permitted, subject to the following: (1) The use, at the location selected, is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere; (2) Public utility buildings and structures in any Residential Zone, or on land proposed to be used for residential purposes, in a Planned Community Zone shall (whenever feasible) have the exterior appearance of residential buildings; (3) Overhead lines, poles, radio or television transmitter towers, and other towers shall not be located in airport approach areas; and (4) In Residential Zones, or on land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, telephone, radio, or television transmission towers shall be set back (from the boundary line of the Special Exception) a distance equal to its height (measured from its base) plus fifty (50) feet. (CB ) QUEEN ANNE S COUNTY Substations & Ag-Zone: Public utilities are a special exception use. No requirements specific to public utilities or substations. Page 11 of 13

12 SAINT MARY S COUNTY Substations & Ag-Zone: Public utilities are a by-right use. No requirements specific to public utilities or substations. SOMERSET COUNTY Zoning ordinance not online. TALBOT COUNTY Substations & Ag-Zone: Special exception may be required for substations in the ag-zone Utility Facilities, Nonessential In the RC zone, must meet the definition of a local government agency action in accordance with COMAR WASHINGTON COUNTY Substations & Ag-Zone: Public utilities are a special exception use. Section 4.8 Essential Utility Equipment Essential utility services, as defined in Article 28A, shall be permitted in any district, as authorized and regulated by law and ordinances of Washington County, it being the intention hereof to exempt such essential services from the application of this Ordinance; except that, without in any way altering or otherwise affecting such exemption, the plans of any overhead electric transmission line of 69.0 K.V. or more, on metal or wooden poles or towers or pole structures, or of any cross country telephone trunk line including microwave, transmission pipe line, natural gas line, trunk sewer line or sub-station, proposed to be erected or installed in any C, A, A(R), EC, P, RV, RR, RS, RU or RM District shall be submitted before the beginning of construction to the Planning and Zoning Commission for its review. WICOMICO COUNTY Zoning ordinance not online. WORCESTER COUNTY Substations & Ag-Zone: Public utilities are a special exception use. (23) Public utility structures and properties other than essential services as defined in ZS hereof, including cross-county lines and mains of all kinds, subject to the provisions of Page 12 of 13

13 ZS hereof. Minimum lot requirements for construction, maintenance or storage buildings or yards shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. See ZS hereof for lot requirements for all other facilities. During its review of any public utility structure or property, the Planning Commission may require screening, buffering or landscaping of said structure or property where deemed necessary to protect adjoining land uses. Page 13 of 13