RGINT  Charlotte County Planning Commission 250 LeGrande Avenue, Suite A Charlotte Court House, VA 23923 Thursday, November 21, 2024  7:00 PM  7:00 pm Regular Meeting Call to Order Invocation Approve Agenda  Consider Approval of October Minutes Recess for Public Hearings  Subdivision Ordinance Amendments - Family Subdivision Lot Size  Call Public Hearing to Order Staff Report Public Comments Commissioner Questions/Comments - Adjourn Public Hearing Call Public Hearing to Order Staff Report Public Comments  Zoning Ordinance Amendments - Lot Requirements (as advertised)  Commissioner Questions/Comments Consider Subdivision Ordinance Amendments Consider Zoning Ordinance Amendments General Public Comment Period Consider Battery Energy Storage Regulations  Adjourn Public Hearing & Reconvene Regular Meeting  Staff Report Commissioners' Time Adjourn    Charlotte County Planning Commission October 17,2024, 7:00 pm Charlotte County Administration Office  Present: Miller Adams James Benn W.V. Nichols  Absent: Kerwin Kunath Mike Price Eugene Wells  Hazel Bowman Smith* Richard Vaughan  Patrick Andrews Belinda Strom Andrew Carwile David Watkins,]r.  *Boardo ofSupervisors. Alternate Representative - Non-voting Staffi in Attendance: Dan Witt, County Administrator  Monica Elder, Assistant County Administrator  Chairman Carwile called the meeting to order, and Patrick. Andrews gave the invocation. Motion was made by David Watkins to approve the agenda as presented. Patrick Andrews seconded the motion, and the motion carried with all members present voting yes. W.V. Nichols made the motion to approve the September meeting minutes as presented. David Watkins seconded the motion, and the motion carried with all members present voting  yes.  General Public Comment Period  Benjamin Hadlock with East Point Energy addressed the Commission, recommending the proposed battery energy storage regulations require submission oft the decommissioning: with the site plan rather than at the time ofapplication to ensure the applicant has needed plan Daniel Dixon explained he had asked East Point Energy to revise their proposed regulations to limit battery energy storage to the General Industrial District, 20 acres or less, and a minimum oftwo miles apart. He expressed concerns that the Planning Commission and Board would not be stringent enough in reviewing projects and indicated staff's proposed regulations did not adequately address lighting, require black powder coated fencing, or specify preparation  details.  ofthe decommissioning: plan byat third-party. Battery Energy Storage. Systems Zoning Amendment  Staff reported that the Board of Supervisors adopted a resolution on October 9th referring battery energy storage to the Planning Commission for review, after which East Point withdrew their zoning amendment application. Staff explained these actions stopped the Energy 100- day review period associated with East Point's application that would have ended October 31st, effectively providing the Commission with additional time to develop appropriate regulations and conduct the required publichearing Staff then reviewed draft regulations    that had been developed for battery energy storage and alternative language for 10-24-1 that could be used to restrict locations to areas with solar facilities, substations, or other energy generation facilities ift the Commission chose to allow the use but wanted tol limit locations to Supervisor Smith inquired about the distance between thel battery energy storage system and the fence line. Staff noted this was not addressed in the proposed regulations, but 10-24-2 required siting the system toward thel loti interior for buffering. She recommended establishing an appropriate distance between the containers and the fence.  those with or adjacent to other energy infrastructure.  Commissioners then discussed the 20' non-combustible buffer proposed as Item 1in 10-24-1. Chairman Carwile recommended specifying a gravel buffer which could be used by emergency services to access the propertyi ifneeded, noting since battery facilities were much smaller than the typical solar project, providing access around the perimeter was feasible. Commissioner Strom inquired about the removal ofl battery energy storage from the Red House Solar project previously. Chairman Carwile explained that after citizens expressed concerns about battery storage at the community meeting the applicantv voluntarily removed Inr response to an inquiry regarding benefits, Commissioner Benn explained the state may soon require localities to allow battery storage, SO the county would benefit from having regulations. Commissioner Strom asked why regulations could not be adopted when that occurred rather than doing so now. Staff reviewed benefits including economic benefits and benefits to the power grid. Staff also noted thatsince draft regulations were being developed, ift the ordinance was not amended now, the County would still bei in a good position to address thei issue in the future. Administrator Witt noted that adopting regulations would allow the Commission and the Board to review and consider projects based on project merit. Commissioner Strom inquired about the inclusion ofa a minimum lot size but not a maximum size. Staff explained minimums were provided to guarantee a certain amount of buffering for adjacent properties while maximums would be set at the Planning Commission and Board's discretion. Staff recommended the Planning Commission consider whethera maximum should be associated with acreage or megawatts ift they planned to incorporate a maximum. Commissioner Benn recommended the following changes to the staff proposed regulations: 10-24-12. Noise Limits Replacing both occurrences of"may" with "shall" 10-24-14.3 Safety Operation Standards - Add 'independently monitored" before "fire  battery storage from the application.  detection"  Definitions - Italicizing Battery Management System"  Referring to comments made by Daniel Dixon, Commissioner Benn inquired about lighting requirements. Staff explained that rather than addressing specific lighting requirements for battery energy storage, the regulation references other regulations in the ordinance since Section 10-5 addresses outdoor lighting and was specifically designed for dark sky protection.    Commissioner Benn recommended adding "an independent third-party" in front of professional engineer or contracto... " in Item #1 of Section 10-24-15 Decommissioning. Discussing timing for the decommissioning plan submission, staffrecommended the Commission consider requiring a draft plan at the time ofa application submittal and a final with the site plan submission as was recommended for the emergency plan. Commissioner Strom noted that while the fencing height was revised to seven feet with one foot of barbed wire to align with the Department of Wildlife Resources guidelines, she preferred thel language used for Quarter Horse Solar's conditions, which stated fencing height shall comply with the Virginia Department of Wildlife Resources' most recent guidance at the time Commissioners then discussed the potential use ofTier 21 battery energy storage by large scale industrial operations in the county and whether that needed tol be addressed in the ordinance. Staff explained the recommended ordinance did not address commercial use at that level, nor did the other ordinances reviewed. Staffnoted that solar had a specific large-scale category associated with larger commercial and agricultural applications. Commissioners requested staff make additional Commissioner Benn made the: motion to table battery energy storage until the November meeting. Commissioner Andrews seconded the motion, and the: motion carried with all members present  project construction begins."  inquiries into the potential for battery energy storage use by local industry.  votingyes.  Lot. Size Zoning Amendment  Staff reviewed the Board of Supervisors' referral of minimum lot sizes for Family Subdivisions in the General Agricultural Zoning District and minimum lot: sizes for the Village Centera and General Residential Zoning District to the Planning Commission due to concerns that the one- acre lot size in Village Center was not sufficient for private well and septic systems and to consider more consistency: among the districts. Staff then recommended additional changes associated with lot requirements for all districts except Intensive Agriculture designed to: Address omitted accessory structure setbacks and front setbacks for properties not Allow for a front setback determination based on existing development patterns Revise frontage requirement for lots on existing roads in the General Agricultural District to 200 feet to align with those for newly constructed roads, and Revise the front setback for lots in the General Agricultural District fronting private roads to 70 feet to align with the pattern used ini the other districts.  fronting public roads  Commissioners discussed whether 1.5 acre lots were sufficient to support aj private septic system for residential use. Commissioner Benn noted that it could restrict the size ofthe home in terms oft the number ofbedrooms or bathrooms while Commissioner Adams pointed out that soil types also had tol be considered and played a role in siting of both the septic system and the well. Staffnoted that lot shape can make meeting setback requirements  challenging on smaller lots as well.    Supervisor Smith recommended allowing 1.5 acre lots for family subdivisions in the General Agricultural District to allow those with three acre lots to use their lot for a family subdivision. Commissioners discussed the potential implications and the regulation prohibiting the transfer of the lot to a non-member oft the immediate family for five years. Commissioners then discussed variation in lot requirements among the districts. Commissioner Adams noted that due to their proximity to town, iti is possible that General Residential lots would have access toj public utilities at some pointi in thei future. Staff explained that the zoning ordinance also identifies development goals for each district and lot Patrick. Andrews made the motion to recommend a minimum two-acre lot size requirement for family subdivisions in the General Agricultural Zoning District and a minimum 1.5-acre lot size requirement in the Village Center Districtand General Residential District. Richard Vaughan seconded the motion, and the motion carried with all members present voting yes. James Benn then made the motion to include staff's recommended zoning ordinance changes in the public! chearing with the minimum lot sizes. David Watkins seconded the motion, and  requirements were designed to promote those goals.  the motion carried with all members present voting. yes.  StaffReport  The packet included a written staff report addressing solar project status and information on upcoming training opportunities. Staff reported that a solar application had been received  since the report was written and was under staff review.  Adjourn  David Watkins made the motion to adjourn. Patrick Andrews seconded the motion, and the  motion carried with all members present voting, yes.    OF CHA  Charlotte County, Virginia Planning Commission - StaffF Report  RGINI  Meeting Date: November 21, 2024  Subject: Public Hearing - Subdivision Ordinance Lot Requirement Review  Subject Highlights  Following discussion at their August 14th meeting regarding lot sizes, the Board of Supervisors recommended referral of several lot size requirements, including minimum lot size for family subdivisions in the General Agricultural District, to the Planning Commission for review. The Board unanimously adopted a resolution on September 11, 2024, referring those items to the Currently, all new subdivisions must comply with zoning ordinance lot size requirements, meaning subdivided parcels in the General Agricultural District must be a minimum of three acres. After discussing thei issue at their September and October meetings, the Planning Commission voted to recommend a minimum lot size oft two-acres be considered for family  Planning Commission for review.  subdivisions in the General Agricultural Zoning District. Planning Commission Review Timeline: Review began September 19, 2024  The Commission has 100 days, or until December 28th, to provide a recommendation  Next Steps:  Following the public hearing the Commission may either:  Recommend approval of the draft regulations as presented or with minor revisions, Consider other alternatives and schedule a new public hearing, or  Defer action until the December meeting.  Staff Review Record  Exhibits:  Proposed Subdivision Ordinance Amendments    Charlotte County, Virginia Planning Commission Report  RGINI  Meeting Date: November 21, 2024  Subject: Draft Amendments to the Charlotte County Subdivision Ordinance- - Version 2  (Appendix B of the Charlotte County Code)  Draft Changes in Red  Sec. 4-3.  Lots and building sites  Lots shall be arranged in order that the following considerations are satisfied:  Sec. 4-3-1. Minimum acreage. Every lot shall comply with the minimum acreage requirements set forth within the zoning district regulations for the district within which the loti is situated unless  otherwise provided for in this ordinance. Sec. 2-6-1. Family divisions. oftwo (2)acres.  a. Family subdivision lots located in the General Agricultural Zoning District shall be a minimum a-b. A single division ofal lot or parcel for the purpose ofs sale or gift to ai member oft the "immediate family of the property owner". Only one (1) such division is to be allowed per family member, and shall not be for the purpose of circumventing this subsection. For the purposes oft this subsection ai member of the immediate family is defined as any person who is ai natural or legally defined offspring, stepchild, spouse, grandchild, grandparent, sister or brother or parent oft the owner. Such a division shall be called a' "family division". The applicant shall submit three (3) copies of said family division plat to the county for review and approval. Within 60 days of official submission, the plat shall be approved or disapproved by the subdivision agent. The applicant shall bei responsible for recording the plat in the land records oft the circuit court within six (6) months ofapproval ori it will become invalid. The family division plat shall clearly show 1) Every plat which is intended for recording shall bej prepared by a certified professional engineer orl land surveyor, who shall endorse upon each such plat a certificate signed by him or her setting forth the source oft title oft the owner(s) of thel land(s) involved in the family division and the place of record of the lasti instrument(s) in the chain of title;  the following information:  2) Date of plat; 3) Scale; 4) North arrow; 5) Adjoining property owners;    6) Bearings and distances ofa all lines surveyed as part oft the family division;  7) Name and signature of owner(s): notarized; 8) Acreage of conveyed property;  9) The acreage and frontage width oft the remainder or a statement certifying the surveyor's knowledge that the remainder of the property meets the minimum acreage and frontage  width requirements; 10) Tax: map section and parcel number; 12)Name(s) of family member grantee; on a state maintained road; 14)Signature block for county official; right-of-way at least 20: feet in width.  11)Plat clearly labeled FAMILY DIVISION by the surveyor;  13)Sufficient dedicated easement and right-of-way to meet VDOT standards when al lot fronts 15).All family subdivisions not fronting on a public road shall provide for the conveyance ofa  bc.A family division is] permitted fora a sale or gift to a member oft thei immediate family oft the property owner, subject only to the express requirements contained in the Code of Virginia, and 1) Noj previous transfer from the same source tract under this provision has been granted to the 2) The grantee is at least 18 years of age and able to hold title to: real estate under Virginia law; 3) The property owner must] place ai restrictive covenant on the subdivided property that would prohibit the transfer oft the property to ai nonmember oft the immediate family for aj period of five (5): years. Upon application, the subdivision agent may reduce or provide exceptions to the five-year retention period when changed circumstances sO require, including but not limited to, foreclosure, death, judicial sale, condemnation, bankruptcy or permanent relocation by the owner out-of-state. Additionally, the subdivision agent may approve the transfer of property between eligible family members within the five-year retention period. Any such relief granted by the administrator shall bei in the form of an instrument that the applicant shall record against the parcel in the land records of the circuit court; and 4) All proposed plats for family subdivision shall include an affidavit which shall be signed by the grantor and grantee under oath and penalty of perjury that identifies the subdivision as being for thej purposes of conveyance to a qualifying family member and identifies the 5_Int the event the subdivision agent determines that a family division has been used to circumvent the Subdivision Ordinance, he shall initiate the vacation ofall or part oft the plat or plats ofthe original lot or parcel to the extent necessary to correct the violation. e-d.The approved family subdivision plat shall be recorded in thel land record oft the circuit court  the following provisions: grantee in the county;  receiving family members and their relationship to the grantor.  within six (6) months.    F CH  Charlotte County, Virginia Planning Commission - Staff Report  RGINI  Meeting Date: November 21, 2024  Subject: Public Hearing Zoning Ordinance Amendments for Lot Requirements  Subject Highlights  Following discussion at their August 14th meeting regarding lot sizes, the Board of Supervisors recommended referral of several lot size requirements to the Planning Commission for review. The Board unanimously adopted a resolution on September 11, 2024, referring the following  zoning ordinance issues to the Planning Commission:  1. Minimum Lot Size for the Village Center District 2. Minimum Lot Size for the General Residential District  Staff also recommended the Planning Commission consider addressing other identified issues associated with zoning district requirements including frontage and setbacks (Item 3 below), for  clarity and consistency.  1. Minimum Lot Size for the Village Center District  After discussing the issue at their September and October meetings, the Planning Commission voted to recommend a minimum lot size of one and one-half acres be  considered for the Village Center Zoning District. 2. Minimum Lot Size for the General Residential District  After discussing the issue at their September and October meetings, the Planning Commission did not recommend changing the minimum lot size ini the General Residential  Zoning District.  3. Additional Staff Recommended Changes  Staff recommended additional amendments to reduce the frontage requirement in the General Agricultural District due to frequent challenges associated with the current 275 feet requirement. Additional amendments were recommended by staff to clarify setbacks and provide consistency. Specific recommendations are noted below and are  incorporated into the attached draft.    Section 3-3 - Reduces minimum lot frontage to 2001 feet ini the General Agricultural Sections 3-4, 4-3, 44,63,883-setbhack and Frontage Regulations for General Agricultural, General Residential, Village Center, and General Industrial Zoning Districts-/ Amendments establish setbacks and yard requirements where omitted for private roads, accessory structures, and lots without road frontage; provide for the use of an alternative front setback determination based on existing  Zoning District  development; and clarify wording.  Planning Commission Review Timeline: Review began September 19, 2024 Staff erommendations/Next Steps:  The Commission has 100 days, or until December 28th, to provide a recommendation  Following the public hearing the Commission may either:  Recommend approval oft the draft regulations as presented or with minor revisions, Consider other alternatives and schedule a new public hearing, or  Defer action until the December meeting.  Staff Review Record  Exhibits:  Proposed Zoning Ordinance Amendments    Charlotte County, Virginia Planning Commission Report  IRGINIP  Meeting Date: November 21, 2024  Subject: Draft Amendments to the Charlotte County Zoning Ordinance-Version 2  (Appendix A of the Charlotte County Code)  Changes in Red  ARTICLE III. GENERAL AGRICULTURAL DISTRICT  Sec. 3-1.  Intent.  The General Agricultural District is intended toj provide fora a wider range ofuses compatible with the rural environment and the preservation oft the agricultural economy, while prohibiting or limiting uses that might be objectionable or harmful to rural residents, and retaining the county's  natural assets and quality oflife.  Sec. 3-2. Sec. 3-3.  Area regulations. Frontage regulations.  The minimum lot area for permitted uses shall be three acres.  The minimum lot frontage shall be 275-200 feet at the setback line for lots fronting on an existing-state road.-and 29-feetatlhe-setbasshad-limeerlet-fienenewlyeconsiuelesiate Fead. For lots not fronting on a state road and served only by aj private road, private driveway or access easement, no frontager requirement shall apply,provided that said lots shall not have a depth  of more than three and one-half(3.5) times their width.  Sec. 3-4. 3-4-1.  Front Setback regulations.  Front Setback: All structures shall be at least 60 feet from any State maintained  road right-of-way or 125 feet or more from the center line of any State maintained road, whichever is greater. All structures shall be 75-seventy (70) feet or more from the centerline of any privately maintained adimamappowatressatsmiwsw. Lots not fronting on a street or private road shall have a minimum front setback of seventy (70) feet from the front property line. The alternative front setback method, as provided for in Section 3-4-2. mayalso be used to determine  asmaller minimum front setback.  3-4-2.  Alternative. Front Setback: For consistency with the development pattern in areas  with existing development, the Zoning Administrator may determine the minimum front setback by taking an average oft the front setbacks for existing principal structures within five hundred (500) feet of the property and on the same street at the time of application submittal to the  County.    ARTICLE! IV. GENERAL RESIDENTIAL DISTRICT  Sec. 4-1.  Intent.  The General Residential District isi intended to provide for flexible residential, public, and semipublic land uses while safeguarding against such uses as might be objectionable in a  residential neighborhood. Sec. 4-2. lot. Sec. 4-3. 4-3-1.  Area regulations.  The minimum lot area within the General Residential District shall be one and one-half (1.5) acres, subject to the ability to provide adequate well and septic to all dwelling units on the  Setback regulations.  Front setback P: All structures shall be a minimum of 35 feet from any  street right-of-way which is 50 feet or greater in width, or sixty (60) feet from the centerline ofany private road or streetright-of-way that is less than 50 feet right-of-way unless the alternative front setback method, as provided for in Section 4-3-4, is used to determine a smaller minimum front setback. Lots not fronting a street or private road shall have a minimum front setback of twenty-  five (25) feet from the front property line.  4-3-2.  Side setback-fmtMme: The side yards for all principal structures must be a  minimum of ten (10) feet wide each and the total width of the two required side yards shall be at least twenty (20) feet. Accessory structures shall be located a minimum oft ten (10) feet from the  side property line. 4-3-3.  Rear setback-fminimem): Principal structures shall be located a minimum of  twenty-five (25) feet from the rear property line. Accessory structures shall be located a minimum  often (10) feet from the rear property line.  4-3-4.  Alternative front setback: For consistency with the development pattern in areas  with existing development., the Zoning Administrator may determine the minimum front setback by taking an average of the front setbacks for existing principal structures within five hundred (500) feet oft the property and on the same street at the time ofapplication submittal to the County.  Sec. 4-4. Sec. 4-5.  Frontage regulations. Height regulations.  The minimum lot width at the front setback line shall be fifty (50) feet.  Height (maximum): thirty-five (35) feet, and up toi forty-five (45) feet by conditional use permit.    ARTICLE VI. VILLAGE CENTER DISTRICT  Sec. 6-1.  Intent.  The Village Center District is intended to encourage cluster development of residential, commercial, and public uses to create a sense of place and convenient access to community services and shopping, and to create a sense of community identity. Walkability, a mix of uses,  and street connectivity are all promoted within this zoning district.  Sec. 6-2.  Area regulations.  The minimum lot area within the Village Center District shall be one and one-half (1.5) acres. subject to the ability to provide adequate well and septic to all dwelling units on the lot.  Sec. 6-3. 6-3-1.  Setback regulations.  Front setback-mimimm): AllI structures shall be a minimum of twenty-five (25)  feet from any street right-of-way which is 50 feet or greater in width, or fifty (50) feet from the centerline ofany private road or street right-of-way that is less than 50 unless the alternative front setback method. as provided for in Section 6-3-4. is used to determine a smaller minimum front setback. Lots not fronting a street shall have a minimum front setback of twenty-five (25) feet  from the front property line.  6-3-2.  Side setbackminimem: The side yards for all structures must be a minimum of  ten (10) feet each and the total width of the two required side yards shall be at least twenty (20) feet. If adjacent to an existing residential use, side yards for principal structures must be a minimum offtwenty-five (25) feet each and the total width oft the two required side yards shall be  at least fifty (S0/fet-minimum-epiniwhwaaw-ume)  6-3-3.  Rearsetbcmhmimn, Alls structures shall bel located a minimum often( (10) feet  from the rear property line. If adjacent to an existing residential use. principal structures must be aminimum of ftwenty-five (25) feet MiRmeR-ePRewAPeNPArwsidemta-use/rom  the rear property line. 6-3-4.  Alternative front setback: For consistency with the development pattern in areas  with existing development, the Zoning Administrator may determine the minimum front setback may-be-deiemine-by taking an average of the front setbacks for existing primary-principal structures within five hundred (500) feet of the property and on the same street at the time of  application submittal to the County.  Sec. 6-4. Sec. 6-5.  Frontage regulations. Height regulations.  Thei minimum lot width at the setback line shall be fifty (50) feet.  Height (maximum): 45 feet, and up to 65 feet allowed by conditional use permit.    Sec. 3-5. 3-5-1.  Yard regulations.  Side. The minimum side yard for each principal structure shall be at least 50 feet,  and the total width oft the two required side yards shall be at least 100 feet. Accessory structures shall be located at least 101 feet from the property line. All structures shall be at least 100 feet from  the boundary of any Generall Residential or Village Center zoning district.  3-5-2. Sec. 3-6.  Rear. Each principal structure shall have ai rear yard of at least 70 feet. Accessory  structures shall have a rear yard ofat least 10 feet.  Height regulations.  The maximum height ofany non-agricultural structure shall not exceed 50 feet.  ARTICLE VIII. GENERAL INDUSTRIAL DISTRICT  Sec. 8-1.  Intent.  The General Industrial District is intended to provide areas to accommodate industries and industrial activity which will provide an economic benefit to Charlotte County and its citizens, and which will have a minimal effect on adjacent properties and land uses. The Regulations in this article provide for buffering from incompatible uses, but also encourage important employment  centers to locate within this district.  Sec. 8-2.  Area regulations.  Ther minimum lot area within the General Industrial District shall be one and one-halfacres.  Sec. 8-3. 8-3-1.  Setback regulations.  Front. setback-fminimmm): All structures shall be a minimum oft ten (10) feet from  any street right-of-way which is fifty (50) feet or greater in width, or forty (40) feet from the centerline of any private road or street right-of-way which is less than fifty (50) feet. Lots not fronting a street or private road shall) have ai minimum front setback of ten (10) feet from the front property line of any industrial zoned property and fifty (50) feet from any non-industrial zoned  property. 8-3-2.  Side setback-mMP: The side yards for all structures must be a minimum of  ten (10) feet each and the total width of the two required side yards shall be at least twenty (20) feet. Ifadjacent to a non-industrial zoned property. side yards for principal structures must be a  minimum oft twenty-five (25) feet.    8-3-3.  Rerselbackmininmem Alls structures shall be located a minimum oft ten (10) feet  from the rear property line. Ifadjacent to a non-industrial zoned property, rear yards forprincipal  structures must be a minimum of fifly(50) feet.  Sec. 8-4. 8-4-1. 8-4-2. Sec. 8-5.  Frontage and yard regulations.  Lot Width. The minimum lot width at the setback line shall be 50 feet. Lot Coverage. Buildings or groups ofb buildings including any accessory buildings  may cover up to seventy (70) percent oft the land area of the lot.  Height regulations. Height (maximum): sixty-five(65): feet    Charlotte County, Virginia Planning Commission Report  IRGINIP  Battery Energy Storage Systems (Appendix A oft the Charlotte County Code) Meeting Date: November 21, 2024  Draft Amendments to the Charlotte County Zoning Ordinance - Version 2  Article IX. USE MATRIX  B=By Right Use' Types  C=Conditional Use Permit  T=Temporary Use Permit  Zoning Districts General  General B C  Intensive B C  Village General  Agricultural Agriculture Residential Center Industrial  Battery Energy Storage Facilities- = Tier1 1 Battery Energy Storage Facilities - Tier 2  B C  ARTICLE X. SUPPLEMENTARY REGULATIONS  Sec. 10-24. Battery Energy Storage Facilities.  10-24-1.  Principal or Accessory Use. Tier 1 Battery Energy Storage Facilities, as defined in  this ordinance, shall be considered an accessory use. Tier 2 Battery Energy Storage Facilities, as defined in this ordinance, shall be considered as a principal use. However, an existing use ora an existing structure on the same lot shall not preclude the installation of a Tier 2 Battery Energy  Storage Facility on such lot.  10-24-2.  Site Design. To minimize impacts to adjacent properties and maximize buffers,  Tier 2 Battery Energy Storage Facilities shall: 1. Have a minimum lot size of5 acres  2. Bes sited toward the interior oft the lot to buffer the facility from the surrounding areas 3. Take advantage of existing topography, structures, and vegetation to provide extra 4. Be sited to avoid wetlands, floodplains, and any other environmental concerns.  screening    10-24-3.  Compliance with Building & Electrical Codes. Battery Energy Storage Facilities  shall be constructed, maintained, and operated in accordance with all applicable codes and standards, including but not limited to applicable fire, electrical, and building codes adopted by the County; National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems; and Underwriters Laboratories (UL)9540A, Standard for Test Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems. Applicable NFPA and UL requirements are those in effect at the time ofinstallation.  10-24-4.  Installation and Design. Battery cells in a Tier 2 Battery Energy Storage Facility  shall be placed in al Battery Energy Storage System ("BESS") with al Battery Management System ("BMS"). The BESS shall provide a secondary layer of physical containment to the batteries and be equipped with cooling, ventilation, fire alarm, fire and heat monitoring, and fire suppression  systems. 10-24-5.  Location. Absent specific authorization by the Board of Supervisors as part ofa  Conditional Use Permit, no Tier 21 Battery Energy Storage Facility shall be located within one (1) mile of an existing town boundary. Under circumstances deemed appropriate by the Board of Supervisors, the Board may approve a Tier 2 Battery Energy Storage Facility location closer than (1)milet to an existing town boundary and establish the permitted distance from such system to an existing town boundary, provided that no project is approved closer than one (1)mile to the Town of Keysville, or closer than one-half(1/2) mile to the Towns of Phenix, Charlotte Court House,  and Drakes Branch. 10-24-6.  Setbacks.  1. Tier 1 Battery Energy Storage Facilities shall conform to all minimum building setback requirements for principal structures of the zoning district in which they are located, or 2. Unless otherwise prescribed by the Board of Supervisors as a condition of approval for a Conditional Use Permit, Tier 2 Battery Energy Storage Facilities shall conform to the following setbacks: a minimum setback of 150 feet from the center line of any state maintained road abutting the property; a minimum setback of 150 feet from all other property lines with the exception of those property lines that are inside the project's boundaries and which do not abut property located outside thej project area; and at minimum of400: feet from all off-site: residential structures and places ofassembly as defined in this  fifty (50) feet, whichever is greater.  ordinance.  10-24-7. 10-24-8. ordinance.  Height. Battery Energy Storage Facilities shall comply with the building height Lighting. Lighting of the battery energy storage systems shall be limited to that  limitations for principal structures oft the underlying zoning district.  minimally required for safety and operational purposes and shall meet all requirements of this    10-24-9.  Utilities. All on-site utility lines shall be placed underground to the extent feasible  and as permitted by the serving utility, with the exception of the main service connection at the utility companyright-ofway, and any newinterconnection equipment, including without limitation  any poles, with new easements and right-of-way.  10-24-10.  Fencing for Tier 2 Battery Energy Storage Facilities. Tier 2 Battery Energy  Storage Facilities shall be enclosed by security fencing. netless-Fencing height shall complywith the Virginia Department of Wildlife Resources' most recent guidance at the time project construction beginsshansevent-ehgh-mshaemalomalanti-elimbingdevie  allestome()-footinl height.  10-24-11  Screening. for Tier 2. Battery Energy Storage Facilities. The entire Tier 2 Battery  Energy Storage Facility, including fencing, shall be screened from ground-level view of adjacent properties by a landscaped buffer zone at least 25 feet wide consisting of an mix of native evergreen and deciduous species as approved by the Zoning Administrator; a planted berm; ora combination of the two methods, unless otherwise prescribed by the Board of Supervisors as a condition of approval for a Conditional Use Permit. Opaque fencing slats of an approved color may be required to enhance screening at the Zoning Administrator's discretion. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible and may be used in whole or in part to provide the required screening if they provide adequate screening from public view as determined by the Zoning Administrator. In the event that existing vegetation or landforms providing screening are disturbed, new plantings shall be provided which  accomplish the same. 10-24-12.  Noise Limits for Battery Energy Storage Facilities. After completion of  construction, noisel levels measured at thej property line during standard operations shall not exceed 60 dbA. Applicants may-shall submit equipment and component manufacturers' noise ratings to demonstrate compliance. Theapplicant may-shall bei required toj provide Operating Sound Pressure Level measurements from ai reasonable number ofsampled! locations at the perimeter ofthel battery 10-24-13. Removal of Damaged Components. Any damaged Battery Energy Storage Facility components or portions thereof shall be collected by the facility operator and removed from the site or stored on site in a location protected from weather and wildlife and from any contact with ground or water until removal from the site can be arranged; storage shall not exceed thirty (30) days. Ifnot returned to the manufacturer, damaged components shall be transferred directly to an approved recycling facility or disposal site in accordance with local, state, and federal laws.  energy storage system to demonstrate compliance with this standard.  10-24-14.  Fire Protection for Tier 2 Battery. Energy Storage Facilities.  1. Non-combustible" Buffer. Areas-within-A 20 ft. non-combustible" gravel buffer shall be established around the perimeter ofTier 2 Battery Energy Storage facilitiesto    help prevent the spread of fire and provide access for emergency vehicles ifi needed. The applicant shall maintain the buffer throughout the life of the facility to ensure it remains free of combustible materials and provides emergency vehicle access. Fali-aedamiafaeh-aegawa Simglespeumensefiresnseranasgmamieerauchasgrengns, succuemtsersiminslagwesecxemptprowidedtnt hey-de-met-form-a-means-efremdly-transmiting fire. Remeval-eftrees-sheuld-be 2. Emergency Access: Access to the property for emergency services shall be provided in a manner acceptable to the Charlotte County Zoning Administrator and the  miimized-e-theextentpessible.  Charlotte County Director of Public Safety.  3. Safety Operation Standards.  a. Each individual battery shall have 24/7 independently monitored automated fire b. The Battery Management System shall monitor individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access. - The Battery Management System shall be capable of shutting down the system 4. Emergency Plan. Applications for battery energy storage facilities shall include an  detection and extinguishing technology built in.  before thermal runaway takes place.  Emergency Plan that, at minimum, contains the following:  a. Procedures to be followed ini response to notifications provided by the battery energy storage management system that could signify potentially dangerous b. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions, including shutting down equipment, de-energizing, or isolating equipment and systems toi reduce ther risk offire, electric shock, release of hazardous materials, and personal injuries; summoning service and repair personnel; and providing agreed upon notification to fire department personnel for potentially hazardous conditions ini the event ofas system failure. Procedures and schedules for conducting drills of procedures a and b. d. Procedures for safe start-up following cessation of emergency conditions. e. Procedures for dealing with battery energy storage system components f.Av water containment plan to address potentially contaminated water associated g. Procedures for inspection and testing of associated alarms, interlocks, and h. Procedures and schedule for training local first responders on the contents of  conditions  damaged in a fire or other emergency event. with a fire, explosion, or hazardous materials incident.  controls.  the plan and appropriate response actions.    5. Warning Signage. A 911 address sign shall be posted in a clearly visible manner. NFPA 704 placards and appropriate warning signage that complies with NFPA 855 and identifies the owner and a 24-hour emergency contact phone number shall be 6. Experience and Expertise: Qualifications and experience of developers and selected integrators shall bej provided, including disclosure offires or other hazards at facilities. 7. Public Safety Information: Safety data sheets shall be provided to the Zoning 8. Emergency Response Training: The applicant shall coordinate with the Director of Public Safety to schedule and conduct training of emergency response personnel regarding system components, site design, potential hazards and risks, and system-  placed on all entrances.  Administrator and Director of Public Safety.  specific emergency response plans.  10-24-15.  Decommissioning ofTier 2. Battery Energy Storage Facilities.  1. Applications for Tier 2 Battery Energy Storage Facilities shall include a draft decommissioning plan detailing the anticipated life of the project, the estimated decommissioning cost in current dollars, an explanation of how the cost was determined, the method of ensuring funds will be available for decommissioning, a mechanism for calculating increased removal costs due toi inflation, and an explanation ofthe decommissioning process. The decommissioning estimate shall bej prepared and stamped by a an independent thinl-partyprofessional engineer or contractor who has expertise in the removal of Battery Energy Storage Facilities. Salvage value shall not be considered when determining the estimated decommissioning cost. 2. The full estimated decommissioning cost shall be guaranteed by escrow at a federally insured financial institution, irrevocable letter of credit, or surety bond before a building permit is issued for the project. The decommissioning cost guarantee shall remain valid until the facility has been fully decommissioned. If the facility owner/operator fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the County may collect the bond or other surety and the County or hired third party may enter the property to 3. The decommissioning cost estimate shall be recalculated every five (5) years at the facility owner's expense by a professional engineer or contractor who has expertise in the removal of Battery Energy Storage Facilities or by a third party selected by the County. Ifthe recalculated estimate exceeds the original estimated decommissioning cost by 10% or more, the facility owner/operator shall increase the guarantee to meet the new cost estimate. If the recalculated estimate is less than 90% of the original estimated cost ofdecommisioning, the County may approve reducing the guarantee. 4. Tier 2 Battery Energy Storage Facilities which have reached the end oftheir useful life orl have not been in active service for a period of one (1): year shall be removed at the facility owner/operator's expense. This period may be extended by the Zoning Aldminstratorifevidemee is provided that the delay is duei to circumstances beyond the  physically remove the installation.    facility owner/operator's reasonable control.  5. The facility owner/operator shall notify the Zoning Administrator by certified mail of 6. The facility owner/operator shall have twelve (12) months to complete the 7. Decommissioning shall be performed in compliance with the approved final decommissioning plan and shall include removal ofall battery energy storage system components, structures, equipment, pads or foundations, cabling, roads, security barriers, transmission lines, and any other associated facilities from the site, sO that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural uses. Disturbed earth shall be graded and re-seeded. However, the landowner may request that access roads, stormwater management features, or other land surface areas not be restored. Approval of such landowner requests shall be at the zoning administrator's discretion. All materials from the property, including hazardous materials, shall be disposed ofin accordance with local,  the proposed date of discontinued operations and plans for removal.  decommissioning of the facility.  state, and federal law.  10-2324-16. Application Requirements for Tier 2 Battery Energy Storage Facilities. Prior to submitting an application for a' Tier 2 Battery Energy Storage Facility, applicants shall have aj pre- application meeting with the Zoning Administrator or his/her designee to discuss the location, scale and: nature oft the proposed project and the application review process. Applications for Tier  21 Battery Energy Storage Facilities shall include the following items:  1.Ac completed Charlotte County Conditional Use Permit Application  2.A detailed project description including an overview of the project location; approximate capacity; description of proposed equipment including the approximate number of batteries and containers, information on the technology being used, and equipment safety features; description of screening and fencing methods; expected footprint ofthe equipment to bei installed, and buffering; and al breakdown ofthe project land by type, with associated percentages (i.e., planted pines, forested, agricultural, 3. Aerial imagery showing the proposed location, fenced area and driveways with the closest distance to all adjacent property lines, dwellings, and places of assembly 4. Fourteen hardcopies (11"X17" or larger) and one electronic copy of aj preliminary plan prepared by a licensed professional engineerincluding the following: a) Parcel numbers for the proposed site and adjacent properties  pasture, etc.) specified.  b) Property lines c) Existing roads  d) Existing buildings and structures  e) Proposed roads, buildings and structures including preliminary layout of the facility and related equipment, fencing, driveways, internal roads, structures and  the location of points ofingress/egress.    f) Distances from proposed battery energy storage systems toj property lines g) The location ofp proposed buffers and screening elements h) Location of substation and means of connecting to the substation, ancillary equipment, buildings, and structures including those within any applicable  setback.  5. A draft decommissioning plan as specified in Section 10-24-15; a final plan shall be 6. A draft emergency plan including the information specified in Section 10-24-14; a final 7. A land management plan that includes a detailed description of! plant selections for the landscaped buffer, maintenance ofthe" roncombusibie-bufler, weed control methods 8. Any additional items or information the County may require in order to assess  provided as part oft the: site plan review process.  plan shall be provided as part of the site plan review process. for the facility, and general site maintenance information.  compliance with this ordinance.  10-24-17. Community meeting. Within 30 days ofthe zoning administrator providing an applicant notice that their Tier 2 Battery Energy Storage Facility application is complete, a public meeting shall be held with thej planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The meeting shall adhere to the 1. The applicant shall inform the zoning administrator and adjacent property owners in writing oft the date, time and location of the meeting, at least seven but no more than 14 2. The date, time and location oft the meeting shall be advertised in ai newspaper ofr record in the county by the applicant, at least seven but no more than 14 days, in advance oft the 3. The meeting shall be held within the county, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities. Should a suitable location near the project site not be available, al location in a neighboring jurisdiction may be used as long as iti is no greater than ten (10) miles from 4. The meeting shall give members ofthe public the opportunity to review application materials, ask questions oft the applicant and provide feedback; and 5. The applicant shall provide to the zoning administrator a summary of any input received  following:  days, in advance oft the meeting date;  meeting date;  the project site.  from members oft the public at the meeting.  10-24-18.  2232 Comprehensive Plan Review. A 2232 review by the County is required by the  Code of Virginia ($15.2-2232) for Tier 2 Battery Energy Storage Facilities. This Code provision provides for ai review by the Planning Commission of public utility facility proposals to determine iftheir general or approximate location, character, and extent are substantially in accord with the  Comprehensive Plan or part thereof.    ARTICLE XII. DEFINITIONS  Battery Energy Storage Facility. One or more battery cells for storing electrical energy, stored in a Battery Energy Storage System ("BESS") with a Battery Management System ("BMS"). Not to include a stand-alone 12-volt car battery or an electric motor vehicle or consumer A. Tier 11 Battery Energy Storage Facilities have an aggregate energy capacity less than or equal to 600kWh and, ifi in a room or enclosed area, consist of only a single energy B. Tier 2 Battery Energy Storage Facilities have an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or  products. Battery Energy Storage Facilities are classified as follows:  storage system technology.  enclosed area.  Battery Energy Storage System. A physical container providing secondary containment to battery cells that is equipped with cooling, ventilation, fire suppression, and a Battery Battery. Management System. An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the battery energy storage system or places it in a safe condition if potentially hazardous  Management System.  temperatures or other conditions are detected.  Alternative Regulation that would limit Battery Energy Storage Facilities 10-24-1. Principal or Accessory Use. Battery facilities shall only be permitted as: 1. An accessory use to a utility-scale solar facility, substation, or other energy generation 2. A principal use on a parcel contiguous to a utility-scale solar facility, substation, or other energy generation facility as determined by the Zoning Administrator.  to Areas with other Utility Infrastructure  facility as determined by the Zoning Administrator; or    OFERRA % RGINI  Charlotte County, Virginia Planning Commission Report  Meeting Date: November 21, 2024 Subject Title: Battery Energy Storage Systems  SUBJECT HIGHLIGHTS  Inr response to concerns regarding the Planning Commission's timeline for completing their review of East Point Energy's zoning text amendment application for battery energy storage systems (BESS), the Board of Supervisors adopted a resolution on October gth referring BESS to the Planning Commission. East Point Energy then withdrew their zoning amendment application, effectively stopping the associated 100-day application review period that was about to expire. The 100-day review period for the Board's referral began on October 17th. Following several presentations and discussions on BESS, the Commission requested staff prepare draft regulations. Those regulations were reviewed and discussed by the Commission at their October 17th meeting. Additional input provided by the Commission at that meeting has been incorporated into the attached draft regulations in red for review and  discussion.  Planning Commission Review Timeline: Review began October 17, 2024 recommendation  Per state code, the Commission has 100 days, or until January 25, 2025, to providea  Staff erommendationsy/Next Steps:  Ap public hearing will need to be conducted before the Planning Commission votes on a final  recommendation.  Staff Review Record Exhibits:  Updated Draft Regulations    F CHA  Charlotte County, Virginia Planning Commission Report  RGINI  Meeting Date: November 21, 2024 Subject: General Staff Report 1. Approved Solar Project Updates:  General Staff Report  CPV County Line Solar- The developer continues to move forward with their field work and has scheduled a meeting with staff to review project design and sloped areas within the project  site.  Charlotte Solar 1- Gibson Project- No updates to report on this project. Charlotte Solar 2- Austin Goldman Project- No updates to report on this project. Tall Pines Solar - No changes were reported by Dominion in the tentative timeline for this project. Dominion has issued a notice for bids for an engineering firm to design the project.  Project bid (Contractor): Q3: 2024 Anticipated CPCN approval: Q2 2026 Start of construction: Q3 2026 COD: Q4 2028  Courthouse Solar- Staff received the amended site plans fori this project and Summit Engineering completed their review and submitted their findings back to Dominion. The Summit engineer stated 'Nothing major that we need back. Just get this cleaned up and consider approved on our end. You: should be fine for) your DEQ.' The project is likely to begin Randolph Solar- Dominion continues working on a plan for the development of a portion of the 20,000+ acres under contract/control. Engineering is currently designing the project based on the best location for the panels to be placed. All parcels contained in Phase 1 of the project Quarter Horse Solar (Previously Moody Creek) - On September 13th Mr.. John Janson filed a motion on behalf of Ronald Lacks, Roy Ayers, Michael Dick, Matthew Shaw, Susie Lenhart, and Danny &. Jill Duncan appealing the Board's decision for approval of the amended CUP and Siting Agreement for this project. If you recall, after the previous filings from Mr. Janson, Judge H. Thomas Padrick, Jr. required court approval prior to any filings by Mr.. Janson. Because of the time-sensitive nature of this filing, Judge Padrick permitted the suit to be filed, pendinga determination by the court that this new matter has merit. Briefs were: submitted toi the. Judge before October 18th. The. Judge has requested he hear from both sides on this matter and the  construction in Q1 or Q2of2 2025.  have been identified and reassessed by Pearsons Appraisal.  hearing is scheduled, via Webex, on November 18th at 4:00 pm.    The estimated project schedule is as follows: Project bid (Contractor): Q3 2025 Anticipated CPCN approval: Q22027 Start of construction: Q3 2027 COD:Q42029  2. Other Solar Project Applications  Red Oak Solar - No updates to report on this project. As stated in October, staff completed a review of a preliminary application resubmittal at the applicant's request, providing feedback on the new project map and revised narrative. Yarotek declined a meeting with staffto Taro Solar - In late October, staff received and reviewed Novi Energy's C application for Taro Solar, LLC, a 140 MW project. A eterminaton/aercene, letter was issued to the applicant on Other Solar Projects -Staff had a preapplication meeting with Kyle West (Hodson Energy) and Frances Hodsoll (SolUnesco) on a solar project they are considering. Staff also had a preliminary meeting with Dominion regarding a small project they are considering. There  discuss findings and has not provided a timeline for resubmittal.  November 5th.  are at least two other inquiries regarding other potential solar projects.  3. Other Conditional Use Permit ICUP)Applications  No other CUP's have been received. Staff met with De King Realty of Farmville recently regarding their plans for property they purchased from American Dream Homes. The new owners are currently rehabilitating multiple residential structures on the property, which fronts Hwy. 360, and are interested in developing a community of smaller, stick-built homes. While the current zoning ordinance does not allow for expansion of the use, the owners are working to refine their plan and may request an associated zoning amendment to allow higher density development alongi identified growth corridors to address housing needs. Certified Planning Commissioner Training Program - VCU's Land Use Education Program is offering their training program in Richmond in. January with the follow-up session in March. A virtual session is scheduled for1 the spring. Ifyou are interested in attending, please let staff know. The schedule is available at tpsy/curavcudw/and-use-education, Commission Appointments - Terms for town representatives Eugene Wells, Jim Benn, and David Watkins will expire December 31st. The three towns they represent have been contacted for recommendations. Appointments will be made at the December 11th Board of  4. Other Items of Interest  Supervisors meeting.