CH IRGINI Charlotte County Planning Commission 250 LeGrande Avenue, Suite. A Charlotte Court House, VA 23923 Thursday, December 19, 2024 7:00 PM 7:00 pm Regular Meeting Call to Order Invocation Approve Agenda Consider Approval of November Minutes General Public Comment Period Consider Battery Energy Storage Regulations & Set Public Hearing Staff Report and Review of Recent Revisions Continuation of Discussions on Draft Regulations from November Stormwater Management and Erosion & Sediment Control Regulations Buffers for waterways and wetlands 10-24-5Town Proximity 10-24-12 Noise Levels 10-24-15 Decommissioning Regulations Soil Testing/Enivormental Site Assessment Reports Use of Alternative Regulation 10-24-11 to require siting of projects with or adjacent to substations, solar facilities, or other power generation facilities Review of Additional Concerns regarding Draft Regulations Set Public Hearing General Staff Report Commissioners' Time Adjourn Charlotte County Planning Commission November 21,2024, 7:00 pm Charlotte County Administration Office Present: Miller Adams James Benn Kerwin Kunath W.V. Nichols Absent: Patrick. Andrews Mike Price Hazel Bowman Smith* Belinda Strom David Watkins, Jr. Eugene Wells Andrew Carwile Richard Vaughan "BoardofSupervisors: Alternate Representative -1 Non-voting Staffi in Attendance: Dan Witt, County Administrator Monica Elder, Assistant County Administrator Chairman Carwile called the meeting to order, and David Watkins gave the invocation. Motion was made by David Watkins to approve the agenda as presented. Kerwin Kunath seconded thei motion, and the motion carried with all members present voting. yes. Jim Benn made the motion to approve the October meeting minutes as presented. Kerwin Kunath seconded the motion, and the motion carried with all members present votingyes. Public Hearing . Subdivision Ordinance Amendments - Family. Subdivisions Chairman Carwile recessed the meeting and called to order a public hearing to receive comments regarding proposed amendments to the Subdivision Ordinance. Staffreviewed the proposed amendments to Sections 2-6-1 and 4-3-1 that would reduce the minimum lot size requirement for family subdivision lots in the General Agricultural Zoning District to two (2) acres. Chairman Carwile called on the public for comments. Stefan Barnes of Red Oak addressed the Commission, stating his support oft the amendment. Mr. Barnes said he was sorry he missed an opportunity to encourage. a reduction in the minimum lot size for the entire General Agricultural District and stated he did not supportincreasing minimum lot sizes in the Village Center District to 1.5 acres. Chairman Carwile then called on commissioners for questions and comments. There being no questions or further comments, the public hearing was adjourned. Public. Hearing Zoning Ordinance. Amendments - Lot Requirements Chairman Carwile recessed the meeting and called to order aj public hearing to receive comments regarding proposed amendments to the Zoning Ordinance. Staff provided a report on the proposed amendments, which included the following: Section 3-3 - Reduces minimum lot frontage to 200 feet ini the General Agricultural Zoning Sections 3-4, 4-3, 4-4, 6-3, & 8-3 - Setback 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 ofa an alternative front setback determination Section 6-2 - Increases minimum lot size to one & one-half(1.5) acres in the Village Center District based on existing development; and clarify wording Zoning District Chairman Carwile called on the public for comments. There being noj public comments, Chairman Carwile then called on commissioners for questions There being no questions or further comments, the public hearing was adjourned, and and comments. Chairman Carwile reconvened the meeting. Consideration of Subdivision Ordinance Amendments carried with all members present voting. yes. Consideration of Zoning Ordinance Amendments David Watkins made the motion to recommend approval of the proposed Subdivision Ordinance amendments as presented. Kerwin Kunath seconded the motion, and the motion David Watkins then made the motion to recommend approval oft the proposed Zoning Ordinance amendments as presented. Jim Benn seconded the motion, and the motion carried with all members present voting. yes. General. Public Comment Period No public comments were provided Consideration ofAmending the Zoning Ordinance to iIncorporate Battery Energy. Storage Staffreminded Commissioners the Board of Supervisors had adopted a resolution in October referring battery energy storage to them, after which East Point Energy withdrew theirzoning amendment application. Staff then reviewed updated draft regulations that had been revised toi incorporate feedback the Commission provided in October and explained thata a public hearing and al recommendation is required no later than January 25, 2025. Staff reported that while an interior buffer had been discussed at the last meeting, additional input was needed from the commission before this was incorporated into the draft ordinance. Commissioners discussed the revised language for the non-combustible 20-feet buffer outside ofthe fence line; appropriate distances between equipment and the fence line; and the relationship between thel buffer, setback, and screening. Staffr reviewed siting requirements requiring placement of equipment toward the interior ofthel lot to maximize buffering. Commissioners then recommended the addition ofa 20-feet minimum buffer within the fence Chairman Carwile asked Belinda Strom toj provide feedback regarding the revised fence height requirements. Commissioner Strom noted the Department of Wildlife Resources (DWR) had not provided guidance for fencing on battery energy storage yet. Therefore, she recommended expanding the regulation to state thati ifno DWR guidance was established, security fencing shall be a minimum ofs seven feet in height and, in addition, shall have an anti- Commissioner Strom then expressed concerns regarding thel lack of detail in the proposed regulations associated with decommissioning. stormwater management, erosion and sediment control, and setbacks from creeks and rivers. She inquired why the applicant's recommended regulations that provided additional protection had been omitted from the draft regulations. Staffexplained that while that level of detail could bej provided in the ordinance ifthe Commission thought it beneficial, some details are usually presented through Miller. Adams reported attending the recent Virginia Clean Economy Act Summit hosted by Virginia Senator David Marsden, who represents Fairfax. Commissioner Adams expressed concerns regarding thei number of new battery technologies that were discussed and the potential for pilot projects. He recommended thati ifthe use is allowed, either limiting it to the Industrial Zoning District or requiring rezoning to Industrial. Chairman Carwile suggested considering establishing a new: zoning district for battery energy storage. Commissioners discussed the implications ofr rezoning to Industrial, which could potentially allow other industrial uses on the property if! battery energy storage is allowed as an accessory use. Staff expressed concerns regarding spot zoning in the General Agricultural Zoning District to accommodate the use and potential unintended consequences that may result ifother Commissioner Strom questioned the need to provide additional buffering for towns, noting the presence ofa a fire department in towns may make these areas a better location for battery energy storage. She then inquired about the 60 dbA maximum noise requirement and recommended al lower limit. Staff explained the limit was based on researching other ordinances and staff's understanding of what was achievable. Commissioner Strom noted this was equivalent to two people talking and recommended al limit of40 dbA instead, which is approximately equivalent to thel hum ofar refrigerator. Staff explained that it may not be feasible to meet: a 40 dbA limit although setbacks and screening would help reduce noise levels at property lines. Jim Benn asked Chairman Carwilei ifl he could direct a question to former applicant, Benjamin Hadlock with East Point Energy. Commissioner Benn then asked Mr. Hadlocki ifhe could provide additional information regarding the noise associated with battery energy projects. Mr. Hadlock explained that most ofthe noise is associated with HVAC equipment and is not constant. However, achieving a 40 dbA limit was probably not feasible. line between the system components and the fencing. climbing device. the conditions. industrial uses were developed on these properties as well. Commissioner Strom recommended adding "an independent third-party" ini front of professional engineer" in 10-24-15 in Item #3. There was a consensus to make this revision and remove "or contractor" from both this section and Item #1 ini the same section. Staff requested additional guidance on the town proximity regulation, explaining the town buffer was introduced with solar to ensure areas surrounding the towns and the General Residential District had room to expand to accommodate additional development. Since battery energy storage was also related to energy infrastructure, the same approach had been used. Commissioner Benn indicated he anticipated Keysville would want the buffer. Commissioner Strom stated that people in the county were: no different than those in town. Commissioner Watkins stated he expected Charlotte Court House would want to retain the buffer as well. The need to site projects near transmission lines was discussed as well. Commissioners then discussed Sussex's regulations which limited battery energy storage to an accessory use on properties with solar, substations, or other power generation facilities or asap principal use on properties adjacent to properties with solar, substations, or other power David Watkins made the motion to table battery energy storage until the December meeting. Commissioner Strom seconded the motion, and the motion carried with all members present voting generation facilities. yes. Staff Report Staff reviewed the written staff report addressing approved solar project status, other solar applications, and a recent inquiry regarding higher density residential development at the former American Dream Homes property. Staff noted that an application fora 140-megawatt solar project known as Taro Solar has been submitted and was being reviewed by staff. David Watkins made the motion to adjourn. Chairman Carwile seconded the motion, and the Adjourn motion carried with all members present voting. yes. Charlotte County, Virginia Planning Commission Report RGINI Meeting Date: December 19, 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 9th referring BESS to the Planning Commission. East Point Energy then withdrew their application, effectively stopping their 100-day application review period. Following several meetings related to BESS, the Commission requested staff prepare draft regulations. Those regulations were reviewed and discussed at the October and November Planning Commission meetings. Additional input provided by the Commission has been incorporated into the draft regulations; recommendations from November are shown in red for review and discussion. Continuation of Discussion from November Stormwater Management and Erosion &. Sediment Control - Stormwater management and erosion & sediment control are required by state code. Adding al local compliance requirement has no additional effect. Ifthe Commission wishes to incorporate state regulations into the ordinance, staff recommends expanding Section 10-23-4 Compliance with Building & Electrical Codes to add regulatory requirements and simply reference the need to comply with all state Buffers for waterways and wetlands - For solar projects, this is addressed through the conditions. The standard condition used by the County states, "As depicted on the conceptual plans, there is a required buffer from all wetlands (including creeks and streams depicted on the conceptual plans, measured from the edge oft the resource) of 100 feet. Such buffer shall be undisturbed except as specifically authorized based upon the Concept Plan." This is a common Town Proximity (10-24-5)- - In November the Commission discussed whether the town buffer was warranted since those locations are closer toi fire departments, but did not reach a consensus. Without the buffer, this could place projects immediately adjacent to the County's residential zoning districts. As stated in Zoning Ordinance $4-1, the intent oft the Residential and federal regulations. issue for solar facilities due to their size, but may not be as relevant to BESS. District is "to provide for flexible residential, public, and semipublic land uses while safeguarding against such uses as might be objectionable in a residential neighborhood." Noise (10-24-12)-/ As explained ini the Pacific Northwest National Laboratory report "Energy Storage in Local Zoning Ordinances" prepared for the US Dept. of Energy, BESS have three primary sources of noise, inverters; transformers; and heating and cooling systems which, in combination, normally produce sounds between 60 and 80 decibels (db). As stated in the report, "The ultimate noise level experienced by neighboring property owners will depend on three factors: the number of noise-producing components in the project (which increases the noise level), the distance between those components and the property line, and physical screening (which both decrease the noise level)." Of the five battery energy ordinances included in staff's regulatory comparison, only Prince George County'sa addressed noise, requiring a 20 dba limit at nonparticipating residence int the R-A or A District/ /60 dba limit at adjoining line of M Districts. The Johnson County Kansas ordinance, which the Berkley Group identified as a model ordinance, combines solar and battery energy storage, limiting noise to 60 dB(A) "where abutting the Rural, Planned Rural, Residential or Planned Residential Districts, or where abutting parcels with dwellings existing at the time of approval..." Based on these findings, staff incorporated a 60 dba limit in the proposed regulations. If the Commission wishes to provide further guidance or oversight, setting al lower limit at nonparticipating residences or requiring a noise compliance study could be considered. Decommissioning Regulations (10-24-15) - In response to Commissioner Strom's comments, staff performed a detailed comparison of the former pplantsrecommenced decommissioning regulations and staff's recommendations. There were only three areas for which the applicant included more extensive requirements. Those are as follows: Decommissioning Process - Both recommendations outline the decommissioning process, however the applicant proposed regulations specify the need to identify who does what when. As decommissioning would likely be decades away, staff questions if meaningful content regarding the "who" and "when" will be available at thet time the plan is submitted. Remediation of hazardous materials and emergency events - Staff's proposed regulations require disposal of hazardous materials in accordance with local, state, and federal law while the applicant requires a description of remediation procedures. Since remediation efforts will vary significantly with material or event and regulations may change over time, staff's opinion is that Soil Contamination Review - The applicant recommendation requires a review ofs soil contamination found on site as part of the project's due diligence, such as an Environmental Site Assessment (ESA) report. As Commissioner Benn pointed out, environmental testing is a requiring compliance with the law is more relevant. standard development practice. Based ont feedbacki from your November meeting, staff recommends requiring (1)a a copy of ESA findings prior to construction and (2) performance & Alternative Regulation) for1 10-24-1 - Use oft the alternative language would limit battery energy provision ofa a follow-up ESA at decommissioning. storage to the following, if the regulations are adopted: 1. An accessory use to a utility-scale solar facility, substation, or other energy generation 2. Aprincipal use on a parcel contiguous to a utility-scale solar facility, substation, or other facility as determined by the Zoning Administrator;or energy generation facility as determined byt the Zoning Administrator. Planning Commission Review Timeline: Review began October 17,2024 recommendation Per state code, the Commission has 100 days, or until. January 25, 2025, to provide a Staff erommendations/Next Steps: A public hearing will need to be conducted before the Planning Commission votes on a final recommendation. Staff Review Record Exhibits: Updated Draft Regulations Ordinance Comparison Decommissioning Comparison of Former Applicant & Staff Proposed Regulations OF Charlotte County, Virginia Planning Commission Report RGINIP Battery Energy Storage Systems (Appendix A of the Charlotte County Code) Meeting Date: December 19, 2024 Draft Amendments to the Charlotte County Zoning Ordinance - Version 3 Article IX. USE MATRIX B=By Right Use Types C=C Conditional Use Permit T=Temporary Use Permit Zoning Districts General General B C Intensive B C Village General B C Agricultural Agriculture Residential Center Industrial Battery Energy Storage Facilities - Tier1 Battery Energy Storage Facilities Tier 2 ARTICLEX. 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 or 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. Be sited toward the interior oft the lot to buffer the facility from the surrounding areas 2.3.Have: a 20-foot minimum buffer within the fenced area ofthef facility,located between 3-4.Take advantage of existing topography, structures, and vegetation to provide extra thesystem components and the fencing screening 4.5.Be sited to avoid wetlands, floodplains, and any other environmental concerns. 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 UnderwritersI 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 bej 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 2 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 21 Battery Energy Storage Facility location closer than (1) mile 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 doi not abut property located outside the project area; and ai 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. Height. Battery Energy Storage Facilities shall comply with the building height limitations for principal structures oft the underlying zoning district. 10-24-8. ordinance. 10-24-9. Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall meet all requirements of this Utilities. All on-site utility lines shall bej placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the uilyampuyrigliofway and anynewinteromnection: 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. Fencing height shall comply with the Virginia Department of Wildlife Resources' most recent guidance at the time project construction begins. Ifthe Department ofWildlife Resources has not established guidance, security fencing shall be a minimum of seven feet in height tand, in addition.shall havean anti-climbing device. 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; aj planted berm; or a 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. Ini the event that existing vegetation or landforms providing screening are disturbed, new plantings shall bej provided which accomplish the same. 10-24-12. Noise Limits for Battery Energy Storage Facilities. After completion of construction, noise levels: measured at thej property line during standard operations shall not exceed 60 dbA. Applicants shall submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant shall be required to provide Operating Sound Pressure Level measurements from ai reasonable number of sampled locations at the perimeterc oftheb 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. 10-24-14. Fire Protection for Tier. 2 Battery Energy Storage Facilities. energy storage system to demonstrate compliance with this standard. 1. Non-combustible" Buffer. A minimum 20-foot-f non-combustible" gravel buffer shall be established around thej perimeter ofTier 2 Battery Energy Storage facilities to help prevent the spread of fire and provide access for emergency vehicles if needed. The applicant shall maintain the buffer throughout the life of the facility to ensure it remains free ofc combustible materials and provides emergency vehicle access. 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 Charlotte County Director ofF 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 detection and extinguishing technology built in. before thermal runaway takes place. 4. Emergency Plan. Applications for battery energy storage facilities shall include an Emergency Plan that, at minimum, contains the following: a. Procedures to be followed in 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 to reduce the risk offire, electrics 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 in the event ofas system failure. C. Procedures and schedules for conducting drills of procedures a and b. d. Procedures for safe start-up following cessation ofe 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 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 conditions damaged in a fire or other emergency event. with a fire, explosion, or hazardous materials incident. controls. the plan and appropriate response actions. placed on all entrances. 6. Experience and Expertise: Qualifications and experience of developers and selected integrators shall bej provided, including disclosure off fires or otherl 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- 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 calculatingincreased removal costs duet toi inflation, and an explanation ofthe decommissioning: process. The decommissioning estimate shall be prepared and stamped by an independent third-party professional engineer ercentraeter-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 an independent third-party professional engineer OF eentractor who has expertise in the removal ofl Battery Energy Storage Facilities or by atl third party selected by the County. If the 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 of decommissioning, the County may 4. Tier 21 Battery Energy Storage Facilities which have reached the end oft their useful life orl have not been in active service for aj period of one (1) year shall be removed at the facility owner/operator's expense. This period may be extended by the Zoning Alminstratorifrewidence is provided that the delay is due to circumstances beyond the 5. The facility owner/operator shall notify the Zoning Administrator by certified mail of the proposed date of discontinued operations and plans for removal. physically remove the installation. approve reducing the guarantee. facility owner/operator's reasonable control. 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 of all 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, decommissioning oft the facility. state, and federal law. 10-24-16. Application Requirements for Tier 2 Battery Energy Storage Facilities. Prior to submitting an application for a Tier 21 Battery Energy Storage Facility, applicants shall haveap pre- application meeting with the Zoning Administrator or his/her designee to discuss the location, scale and nature of thej proposed project and the application review process. Applications for Tier 2 Battery Energy Storage Facilities shall include the following items: 1.Ad 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 oft the equipment tol be installed, and buffering; and a 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 a 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 f) Distances from proposed battery energy storage systems toj property lines g) The location of proposed buffers and screening elements h) Location of substation and means of connecting to the substation, ancillary thel location of points ofingress/egress. 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. Ac draft emergency plan including the information specified in Section 10-24-14; a final 7. AI land management plan that includes a detailed description ofplant selections for the landscaped buffer, maintenance ofthe poncombusible-bufer, 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 oft 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 the planning commission to give the community an opportunity tol 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 oft 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 of record in the county by the applicant, at least seven but no more than 14 days, in advance ofthe 3. The meeting shall be held within the county, at al 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, a location in a neighboring! jurisdiction may be used as long as it is no greater than ten (10) miles from 4. The meeting shall give members oft the public the opportunity to review application materials, ask questions ofthe applicant and provide feedback; and 5. The applicant shall provide to the zoning administrator a summary ofany input received following: days, in advance oft the: meeting date; meeting date; the project site. from members of the public at the meeting. 10-24-18. 2232 Comprehensive Plan. Review. A2 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 areview 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 products. Battery Energy Storage Facilities are classified as follows: A. Tier 1 Battery Energy Storage Facilities have an aggregate energy capacity less than or equal to 600kWh and, if 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 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 Charlotte County, Virginia Planning Commission Report RGINIP Meeting Date: December 19, 2024 Subject: General Staff Report 1. Approved Solar Project Updates: approval, per condition 43a. General Staff Report CPV County Line Solar- Staff met with the developer to discuss development guidelines and CUP condition determinations. CPVs submitted its Emergency Response Plan for review and 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: Q22026 Start of construction: Q3 2026 COD:Q42028 Courthouse Solar- - Staff issued a site plan and erosion and sediment control plan approval notice to Courthouse Solar on December gth. Next steps include additional state approvals and submission and review of local plans and bonds as required in the conditions. Randolph Solar - Dominion has submitted the parcels that will be included in Phase 10 of3 3 for this project. There were a few parcels that were received late, and Pearsons Appraisals did not get those reassessed prior to tax billing. Staff requested that the Commissioner of the Revenue provide those parcels to Pearsons, that they be reassessed, and that an amended tax bill for FY2024 be issued. The Commissioner of the Revenue thought this would be doable for this year. Quarter Horse Solar - On November 27, 2024, Mr. John Janson filed a motion on behalf of Ronald Lacks, et als to dismiss the case associated Quarter Horse Solar without prejudice. Judge Padrick had given Mr. Janson 21 days to file a legitimate motion and warned that he could face additional sanctions. It appears that rather than face that possibility, Mr. Janson has elected, on behalf of his clients, to request dismissal of the case. At issue is that Mr. Janson never filed al lawsuit because oft the prefilling sanction injunction. Rather, Mr. Janson had toi file ar motion for leave prior to filing a suit, which he did. It is the opinion of the board's legal counsel that this case is dead, because the challenge had to be made within 30 days oft the board's decision to issue the CUP and siting agreement. The estimated project schedule is as follows: Project bid (Contractor): Q3 2025 Anticipated CPCN approval: Q22 2027 Start of construction: Q3 2027 COD:Q42029 2. Other Solar Project Applications Red Oak Solar - No updates to report on this project. Staff completed a preliminary application resubmittal review in October, but the application has not been resubmitted. Taro Solar - In late October, staff received Novi Energy/sapplication for Taro Solar, LLC, a140 MW project. The applicant has responded to staff's initial comments and resubmitted their Other Solar Projects -Staff has conducted preliminary application meetings recently with Hodson Energy, Dominion, and Ampliform. There are at least two other inquiries regarding application. Additional comments were provided by staff December 12th. other potential solar projects as well. 3. Zoning and Subdivision Ordinance Amendments After conducting a public hearing on December 11th, the Board of Supervisors approved the family subdivision lot size amendment and the zoning ordinance lot requirement amendments as recommended by the Planning Commission. 4. Town Planning Commissioner Reappointments /Town Representation Three of town planning commission representatives terms will expire on December 31st. Jim Benn was reappointed as the Town of Keysville'sr representative and Eugene Wells was reappointed as the Town of Drakes Branch's representative at the Board of Supervisor's December 11th meeting. Citizen Terry Ramsey raised concerns that those voting districts with towns had two voting members on the Planning Commission while other districts only had one voting member. The Board plans to discuss the issue oft town Planning Commission representatives again at their regular January meeting. 5. 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 for thes spring. Ifyou are interested in attending, please let staff know. The schedule is available at Atps/Curavcuedu/ennduse-education/