RGINIP Charlotte County Planning Commission 250 LeGrande Avenue, Suite A Charlotte Court House, VA 23923 Thursday, April 17, 2025 7:00 PM Call to Order Invocation Consider Approval of Agenda Consider Approval of March Minutes Recess for Public Hearing = Patel = Conditional Use Permit for Convenience Store/Gas Station Call Public Hearing to Order Staff Report Applicant Comments Public Comments Commissioner Questions/Comments Adjourn Public Hearing & Reconvene Regular Meeting Consider Conditional Use Permit Application for Convenience Store/Gas Station General Public Comment Period Discuss Battery Energy Storage Zoning Amendment 0 Fire Risks Staff Report Comments by Fire Chiefs Decommissioning Tier 1 Battery Energy Storage Systems (600 Kwh or less) Staff Report Commissioners' Time Adjourn Charlotte County Planning Commission March 20, 2025 7:00 pm Charlotte County Administration Office Present: Absent: Miller Adams Hazel Bowman Smith* Kerwin Kunath Patrick Andrews Belinda Strom Mike Price James Benn Richard Vaughan Andrew Carwile David Watkins, Jr. W.V. Nichols Eugene Wells *Board ofSupervisors Representative - Non-voting Staff in Attendance: Dan Witt, County Administrator Monica Elder, Assistant County Administrator Chairman Benn, called the meeting to order at 7:00 pm and Andrew Carwile gave the invocation. Motion was made by David Watkins to approve the agenda as presented. Andrew Carwile seconded the motion and the motion carried with all members present voting yes. Patrick Andrew made the motion to approve the January 21st meeting minutes as presented. David Watkins seconded the motion, and the motion carried with all members present voting yes. Public Comment Period Citizen P.K. Pettus addressed the Commission, sharing an email exchange she had with Dominion Energy about Courthouse Solar. She expressed concern about protecting the 100' vegetative buffer required along portions of the CCC Road in the project conditions and stressed the importance of retaining existing vegetation. General Business Chairman Benn welcomed Curtis Morton, the new representative for the Bacon/Saxe District to the Commission. Staff presented the 2024 Planning Commission report to the Commission for review prior to submitting it to the Board of Supervisors. By consensus, the Commission accepted the report. Battery. Energy Storage Systems Chairman Benn outlined the three remaining issues associated with battery energy storage and provided an anticipated schedule for addressing them. Issues were identified as follows: Seeking input from the seven fire department chiefs regarding fire risks associated with the battery energy storage and determining whether fire risks need to be addressed by the county or the system applicant/operator Regulations for Tier 1 systems (those 600 kwh or less) Decommissioning Supervisor Smith recommended that a minimum lot size for facilities also be considered. Staff explained the Board of Supervisors had referred the three issues back to the Planning Commission by resolution in response to the Commission's recommendation to perform additional research. Staff noted a recommendation from the Commission was required by June 28th. Fire Risks Staff then reviewed options for addressing fire risks. By consensus, Commissioners recommended staff obtain input from the fire chiefs and review siting agreements and conditions from projects in other localities for inclusion of public safety related terms, reporting back at the next meeting. Commissioners also recommended staff invite the fire chiefs to attend the next meeting to provide input. Addressing the fire chiefs at their association meeting was discussed. However, Commissioner Wells later reported the association only meets quarterly. Miller Adams inquired if different resources would be needed for different battery types. Staff offered to seek guidance on this issue from the Virginia Department of Energy. Decommissioning Staff reported that Commissioners appeared to have two different understandings of the decommissioning issue that required further evaluation. The first issue was the ability to obtain accurate decommissioning estimates since no one has experience in decommissioning battery energy storage. Commissioners discussed obtaining a second estimate when the bond estimate seemed unrealistic. Staff reviewed the County's current review process for solar, which includes a review of bond estimates by the County's engineering consultant prior to issuing local permits. By consensus, Commissioners recommended staff obtain input from engineers involved in energy infrastructure project development and bonding and report back at the next meeting. The second decommissioning issue related to the inclusion of project landowners as co-obligees on decommissioning bonds. Staff explained this issue had previously been referred to County Attorney Russell Slayton, who advised that project landowners needed to ensure their lease terms provided protection and stated that adding landowners as co-obligees would accomplish little, if anything, of substance. Andrew Carwile stated that in his opinion, there is no cost involved in including landowners and it would protect landowners if the County failed to decommission a project. By consensus, the Commission agreed that no further action was needed. Tier Divisions Staff reported the division of battery storage into Tier 1 uses (those 600 kwh or less) and Tier 2 uses (above 600kwh), is commonly used in local ordinances. However, no three-tier systems were included in the ordinances previously reviewed. Staff then reviewed the three-tier system used by the county for solar and provided options for a three-tier classification for battery energy storage if the Planning Commission determined there was a need to separate Tier 1 systems into small residential use and large residenta/commercia use. Commissioners discussed current residential use of! battery energy storage systems, the importance of storage safety, and the placement of residential systems. Commissioners noted variation in home energy needs based on home size, occupancy, climate, and activities and hours associated with occupancy. Battery sizes and concerns about placement of larger battery systems in residential areas were discussed. Commissioners noted challenges associated with issuing permits for residential uses including the installation of multiple systems in a residence, oversight and permitting, and addressing the use of vehicles to power the home. By consensus, the Commission requested staff research and methods to separate Tier 1 systems into two categories and provide recommendations to the Commission at their next meeting. Staff Report Staff referenced the staff report in the packet, providing updates on approved solar projects and solar applications. Staff reported that PJM, the organization that oversees the power grid, had determined four approved projects are required to connect to a yet to be designed 230 KV transmission line, which would delay project construction by up to four years. Staff reported the Taro Solar application was deemed complete by staff and the comprehensive plan compliance review could start as soon as the April meeting. Staff also reported on other conditional use permits, confirming an application for a convenience store/gas station had been received and a public hearing would be scheduled for the April meeting. Commissioner's Time Miller Adams inquired ifstaff had any information on the performance of existing solar projects. Staff offered to research current performance information. Andrew Carwile noted that Dominion issued an annual report on production by project. Staff stated they were not aware of reports issued by the owners of the two operational facilities but would look into the matter. Miller Adams stressed the importance of protecting the county from any liability associated with energy storage projects, which included ensuring decommissioning estimates were high enough to address all aspects of project removal. Patrick Andrews expressed concerns regarding the approval of additional projects when none of the larger projects approved by the County have been constructed and many are being delayed even further. He noted that project construction is needed before the County can fully understand impacts and the effectiveness of regulations and conditions. He also questioned proceeding with Taro Solar at this point, knowing the project will also need to connect to the 230 KV line. Belinda Strom noted that erosion and stormwater management were a big issue with solar projects and while Virginia DEQ is issuing fines for noncompliance, the issues were not being resolved, which creates additional apprehension. James Benn stated that the comprehensive plan compliance review is the first step in the process and the application review only moves forward ifthe project is found to be in compliance with the plan. Patrick Andrews stressed that the responsibility of the Commission was to look out for the County, not to rubber stamp applications. Miller Adams noted that oversight of logging operations on property being developed for solar has been transferred from the Department of Forestry to DEQ. He stated that regional DEQ offices seemed to still be waiting for state guidance on how to address this new responsibility, creating concerns about oversight. Curtis Morton inquired about scheduling another visit to a battery energy storage facility since he had not seen one in-person. Staff conferred with the County Administrator, anticipating members oft the Board might be interested in attending. The Administrator recommended waiting until after April 9th when the new Board representative for the Charlotte Court House District would be appointed. Adjourn David Watkins made the motion to adjourn. Patrick Andrews seconded the motion, and the motion carried. J. Mukeskumar Patel Conditional Use Permit Application Review April 17, 2025 General Information Application Date: March 18, 2025 Applicant: J. Mukeshkumar "Mike" Patel Current Property Owner: Diane Raines Tax Parcel: 85-A-110 Zoning District: General Agriculture Location: Located at 17700 Kings Highway, Wylliesburg, at the intersection of Hebron Church Road and Kings Highway (Route 360). Formerly operated as Sundae's Restaurant. Parcel Acreage: 3.44 Acres Current Property Use: Restaurant (now closed) Future Land Use Map Designation: Growth Corridor Proposed Use: Convenience Store / Gas Station to include eight fuel pumps. Plans include demolishing an existing, vacant building on the west side of the restaurant building; adding two fuel islands with two pumps on each; and converting the restaurant building into a convenience store that also serves hot food, primarily for takeout. Setbacks: Meets Requirements Front - 125' from centerline of the westbound lanes of Kings Highway Rear - Approximately 105' Side (West) - Approximately 300' Side (East) - No closer than existing structure from centerline of Hebron Church Road Approximately 90') Ingress/Egress: Since this is a change in use, VDOT has reviewed the entrances for compliance with entrance requirements based on expected traffic volumes. Brian Lokker with VDOT has advised: The existing gravel access points on Highway 360 are to be eliminated/obscured as they do not meet the standard. There appears to be adequate parcel frontage to relocate the access to meet the minimum spacing if desired. Relocation of the Hebron Church Road access is not required. However, access improvements are required. a Should the County approve the CUP, engineered plans and a traffic analysis is required for VDOT revlew/acceptance prior to permit issuance. Items to address include: Provide a traffic study/turn lane warrant analysis at the access point(s) signed/sealed by professional engineer. Turn lane(s)/taper(s) to be constructed as warranted. New and existing accesses are to be constructed/mproved in accordance with the Appendix F: standards/detail. Paved or concrete; radius and width to accommodate WB- 67 vehicles verify using Auto-Turn, showing the truck turning movements on the plans. Verify sight distance vertical/horizonal) at the access point(s). It appears that the sight line looking left on Hebron Church Rd. may be compromised. Evaluate drainage. Limit onsite drainage into the right-of-way. Evaluate/size access culverts as appropriate. Parking: Meets Requirements - Fifteen parking spots planned / Per Zoning Ordinance $10-7-10, six spaces are required (One parking space for every 300 square feet of retail floor area) Screening: Not required - Per Zoning Ordinance $10-7-9, parking lot screening is only required for lots with twenty spaces or more. Zoning References for Convenience Stores and Gas Stations: Article 9, Use Matrix Both Convenience Stores and Gas Stations are listed as a conditional use in the General Agricultural Zoning District. 10-7-9. Parking lots- - screening. For the purposes ofthis section the term "parking lot" shall mean and refer only to a parking lot containing twenty (20) or more spaces. 10-7-10 Parking Requirement Matrix Retail Uses - Requirement of one space per 300 square feet of floor area (not including storage areas) Adjacent Parcel List : Tax Parcel Landowner Land Use 85-A-106A John Tucker Sr. & Mark Tucker Dwelling & Outbuildings 85-A-106E Mark Tucker Open Land 85-A-111 Diane Raines Open Land 85-A-113 Ronnie & Linda Howard Dwellings, Farm Buildings, Cell Tower 85-A-113D May Bell Holcomb Dwelling & Outbuilding 85-A-113F Sharcon Properties, LLC Dollar General Store 85-A-108 Lillian Vaughan Dwelling 85-A-109 David Estes Dwelling 85-A-107 Shellie McClean Dwelling 85-A-106 Kituwah LLC Cardinal Homes - Office Building & Lot for Inventory 86-A-18 Raleigh E. Osborne, Jr. & Myrtle Osborne Timber & Farmland 85-A-112 Raleigh E. Osborne Jr. & Teresa Osborne (Near Adjacent) Open Land CUP Application Considerations: Issues to be considered when reviewing a conditional use permit applications per Zoning Ordinance Section 2-8-7.6: a) Whether the proposed use is consistent with the comprehensive plan. b) Whether the impacts of the proposed use on surrounding properties and public facilities, services, and infrastructure will be adequately mitigated sO as to protect adjacent owners and the general public. c) The compatibility of the proposed use with other existing, planned, or proposed uses in the neighborhood, and adjacent parcels. d) The timing and phasing of the proposed development and the duration oft the proposed use. e) Whether the proposed use will result in the preservation or destruction, loss or damage of any significant topographic or physical, natural, scenic, agricultural, archaeological or historic features. f) Whether the proposed use at the specified location will contribute to or promote the welfare of the public. g) Whether the proposed use will provide desirable employment and enlarge the tax base by encouraging economic development activities consistent with the comprehensive plan. h) The effect of the proposed use in enhancing affordable shelter opportunities for residents of the County. Recommended Conditions 1. The applicant/owner shall adhere to all federal, state, and local laws, regulations, ordinances and permit requirements for the construction and operation ofthe proposed facility. 2. The project shall be constructed and operated in substantial compliance with the application provided and the approved site plan. 3. Prior to issuance of a building permit, an approved VDOT entrance permit is required. 4. The applicant shall comply with Charlotte County's Outdoor Lighting requirements, found in Zoning Ordinance $10-7-10. 5. The County Administrator, Building Official, Zoning Administrator, or any other parties designated by those County officials, shall be allowed to enter the property to check for compliance with the provisions of this permit, with reasonable advanced notice and subject to the security, health and safety standards and regulations that apply to the project site. 6. Any infraction of the above-mentioned conditions may lead to a stop order and revocation of the Conditional Use Permit, if it be the wishes of the Charlotte County Board of Supervisors. Conditional Use Permit Actions: The Planning Commission has three options to consider. Please note the findings below are just potential findings and the Commission should incorporate any findings they deem appropriate. Option 1 - Approval of the Application move to recommend to the Board of Supervisor's that Mr. Patel's Conditional Use Permit for a convenience store and gas station, as presented, be approved with conditions, based on the following findings: The vision statement in the comprehensive plan includes the provision of "retail and service establishments that meet the needs of county residents." Approval of the proposed use supports the Comprehensive Plan goal of supporting the expansion of a diversified economy. The proposed use will help grow the local tax base. The nature ofthis business does not negatively impact the character of the community. The location is identified on the County's future land use map as a growth corridor. Option 2 - Denial of the Application - - move to recommend to the Board of Supervisor's that Mr. Patel's Conditional Use Permit for a retail store, as presented, be denied, based on the following findings: The proposed use is not compatible with the rural character of the community. The proposed use has negative impacts that cannot be mitigated. (Please specify) Defer making a decision on the application until another specified meeting date Attachments: 1) Conditional Use Permit Application 2) GIS Map 3) Preliminary Site Plan AGINT CONDITIONAL USE PERMIT APPLICATION Charlotte County, Virginia 250 LeGrande Avenue, Suite A, PO Box 608, Charlotte Court House, VA 23923 Phone: 434-542-5117 Fax: 434-542-5248 PROPERTY DESCRIPTION Tax Map Parcel Number(s): S-A-I0 Property Address (if an E-911 address has npt been assigned, provide directions to site): 17700 Kihgi HNy Wyiliesbg VA 22976 Current Zoning: F Leshaypast Proposed Zoning: C-tore GASSRhP Current Use(s): Resfrwtat Proposed Use: C-Store aylmn 665 ShHOn Total Lot Area (Acres): Does proposed use include entire property? IDHES Il NO If no, how much will be used for proposed use? 3:444 Aeres APPLICANT Name: Prtol MekkIEY - Mailing Address: 109 WAtHrRm DR Telephone Number(s): SoAdh Bousz fon XA - W K - 04342 E-mall Address: 3 > 3 A 0 - fh A - h PROPERTY OWNER (If different from applicant) Name: Diase Ba Malling Address: 20 Sha2, L AA 23927 Telephone Number/s): 434-394-4 4 E-mail Address: AA dylinese EJateil. cozt 1 UTILITIES Water Supply: Public Water Private Well Is water supply! [I New or AjEkisting? Sewage Dispdsal: Public Sewer Private Septic Is sewage disposal system (1 New or Existing? APPLICANT SIGNATURES As the Applicant, Ihereby certify that this applicatlon is complete and accurate to my knowledge, and - freely consent to its fillng, authorize Charlotte the best of authorized government County officials and other agents on officlal business to enter the property as necessary to process this application, Signature: MJP Printed Name: htel A) Date: 0B/4S Signature: Printed Name: Date: OWNER SIGNATURES As the Owner X or Owner's Power of Attorney. Ihereby certify that this application Is complete and accurate to the best of my knowledge, andIfreely consent to its filing. lauthorize Charlotte County officials and other authorized government agents on official business to enter the property as necessary to pracess this application. Signature: a- Boni Printed Name: Dias Raines Date: 3-18-2025 Signature: Printed Name: Date: Signature: Printed Name: Date: *If there are more than three owners, please contact the County to request an additional signature page. All owners must sign the Conditional Use Permit application. In accordance with the Charlotte County Zoning Ordinance, additional doçuments may be required before this application Is considered complete, County staff can assist you In determining specific requirements assoclated with your application. 2 - - I 0 - a P a € 3 A * A - BBECER & a a 9 a A 3 6 D 0 E € 1 5 a 6 € $ % 5 I B S a & - € E * I A - 1 I K 3 A GINI Charlotte County, Virginia Planning Commission Report Meeting Date: April 17, 2025 Subject Title: Battery Energy Storage Systems STAFF REPORT History The Planning Commission recommended approval of a draft ordinance for battery energy storage systems (BESS) with additional research for three remaining areas of concern (fire risks, decommissioning, and Tier 1 systems). In response, The Board of Supervisors adopted a resolution to refer those three issues back to the Planning Commission for further review. The topic was reintroduced to the Commission at their March 20th meeting. Review Timeline & Schedule The Planning Commission has 100 days, or until June 28th, to complete their review. Should substantive changes to the previously recommended draft result, a public hearing will be required prior to making a recommendation to the Board. Fire Risks: Prior Recommendation: The Board of Supervisors reach out to all seven fire chiefs to discuss the fire risks associated with BESS and determine whether fire risks would need to be addressed by the county or the BESS applicant/operator. Proposed Regulations: Fire Risks are Addressed in the Draft Ordinance as follows: $10-24-3 = Compliance with Building Codes, Electrical Codes, & Regulatory Requirements $10-24-4 = Installation & Design (Tier 2 BESS) $10-24-14 = Fire Protection (Tier 2 BESS) Review of Siting Agreements and Conditions Staff reviewed conditions as well as some siting agreements from five counties with approved battery energy storage. Siting agreements and conditions are directly associated with a project throughout its life and, therefore, serve as a record of long-term requirements. General fire/safety provisions from the ordinance were often repeated or presented in greater detail. Additional requirements such as reimbursement of emergency response service costs, provision of protective gear, and requirements associated with fire/safety coordination were also often added. As with solar, staff would work with the county's third-party reviewer to develop proposed conditions to present to the Planning Commission for each project application. Input from Aaron Berryhill, Solar Program Manager, Department of Energy: Mr. Berryhill noted there are standard fire and safety provisions that are incorporated into conditions and siting agreement terms and provided a sample from Richmond County (population of approx. 9,000). He provided the following guidance for fire safety: "As far as fire safety, the most important consideration is to ensure that a BESS is 1. properly designed to avoid fires by adopting the NFPA 855 codes and 2. adequately spaced to avoid any spread of a potential fire to other battery units." N "Generally, the protocol for BESS fires is to let them burn out. As long as the systems are properly ventilated and spaced, the fire should not spread. So I do not think there is a need for specialized equipment for each type of batteries." Input from Fire Chiefs: Staff sent fire chiefs an introductory battery storage presentation and the draft ordinance, then spoke with them individually. Comments received are below (duplications are not listed). Three fire chiefs indicated they may attend the meeting; an agenda item has been included to allow them time to address the Commission if they wish to do SO. Walt Bailey, Phenix Fire Chief - Requiring automatic fire suppression systems and alarms is key to addressing fire risks. There is a lot of interest in the topic among firefighters in the region and a training opportunity in Farmville is being planned. Discussed potential to bring in a fire/safety consultant to discuss this issue with elected officials or firefighters if needed to address questions and concerns (East Point Energy has indicated they may be willing to sponsor this.) Will Stembridge, Bacon District Fire Chief = Comments provided at the March meeting covered his primary concerns, manpower and equipment Agrees that incorporating a reimbursement requirement for emergency response costs in project conditions was needed Chad Reeves, Red House Fire Chief - Does not see the addition of battery storage as a major concern There are many types of emergency situations we don't have the capacity to address locally; Chiefs are familiar with their resources and how to obtain assistance including support from the two regional Hazmat teams Recommends providing training for all seven departments on battery storage facilities since an incident would require multiple departments to respond Kenny Tharpe, Drakes Branch Fire Chief - Plans to attend the meeting There is a need for quality training for all departments on battery storage Does not see that battery storage is a major concern for fire departments Lynn Duffey, Keysville Fire Chief - On board with providing services for battery energy storage, but the safety of his department is the top priority, especially if the event is a hazmat incident Recognizes the importance of automatic monitoring equipment at facilities Billy Walker, Cullen Fire Chief- May attend the meeting Requiring use of self-contained batteries is important when it comes to fire safety Battery quality can vary significantly, SO it is important to understand not only which battery technology is used but also what specific batteries will be included Chris Russell, Charlotte Court House Fire Chief- East Point Energy addressed many of the questions the chiefs had regarding battery energy storage when they attended a fire association meeting last year Understands common practice is to let facilities burn when there is an incident with local emergency response primarily focusing on protection of adjacent properties and evacuations if necessary for safety Fire Risks - Recommendations for Consideration (multiple may be selected): 1. Incorporate spacing requirements into the draft ordinance. Dominion Energy's standards (attached) were previously provided and recommended by Mr. Berryhill. 2. Update 10-24-14.8 to specify training for all seven fire departments. 3. If an ordinance is adopted, ensure conditions include: Requiring the facility to reimburse local fire, rescue, and law enforcement for expenses incurred as a result of a fire or similar event at the facility. Requiring the applicant to submit product data sheets on the batteries for review in conjunction as part of the site plan review. 4. If additional questions remain, consider scheduling a work session with a fire/safety consultant. Decommissioning: Prior Recommendation: The Board of Supervisors look into decommissioning of BESS. Proposed Regulations: Draft ordinance $10-24-15 Includes the following: "The decommissioning estimate shall be prepared and stamped by an independent third-party professional engineer who has expertise in the removal of Battery Energy Storage Facilities." "The decommissioning cost estimate shall be recalculated every five (5) years at the facility owner's expense by an independent third-party professional engineer who has expertise in the removal of Battery Energy Storage Facilities or by a third-party professional engineer approved by the County" Input from Mr. Berryhill: "I think that change (i.e. amending the language as provided in Recommendation 1 below) makes sense for decommissioning but it is not necessary. One could probably say the same thing about solar facilities that nobody is truly experienced in removing them either. There seems to be plenty of consultants that are able to draft a decommissioning plan for BESS and have been doing sO in other. states for several years now." Input from Engineering Firms: Staff spoke with Matt Hastings of Summit Engineering (County consultant for Courthouse Solar), Nabil Farah with Timmons Group, and Sean Millot with Kimley Horn. Key takeaways: Much of the infrastructure & equipment (inverters, substations, and lines) is commonly used in other types of energy projects and has been around for a long time Other aspects are similar to decommissioning most industrial sites (removal of roads, gravel lots, concrete pads or piers, fencing, topsoil replacement, and reseeding) Battery life is only 10-12 years, while inverters, substations, and lines have a 40-year life expectancy; during the project life batteries may be replaced three or four times Battery recycling programs in the US are in their infancy Owners instead have a contractual agreement with the battery manufacturer or supplier requiring the supplier to take back the batteries at the end of their life. Services include packaging the batteries, removing them from the site, and processing them (outside of the US if needed) Bond Estimates - Recommendations for Consideration (multiple may be selected): 1. Revise 10-24-15 to specify the estimate shall be provided by an independent third- party professional engineer with expertise in Battery Energy Storage Facility construction and industrial site decommissioning. 2. If an ordinance is adopted, staff recommends including a project condition requiring the applicant to provide a copy of their agreement with the battery manufacturer or supplier prior to issuance of the building permit. Tier 1 BESS Prior Recommendation; The Board of Supervisors refer regulations for Tier 1 BESS (those 600 kwh or less) back to the Planning Commission for further review to provide the Commission with additional time to consider this issue. Proposed Regulations: The draft ordinance defines Tier 1 BESS as those with an aggregate energy capacity of less than or equal to 600kWh and, if in a room or enclosed area, consisting of only a single energy storage system technology. Proposed language allows Tier 1 by-right in all zoning districts. To provide context, the average US home uses approximately 30 kWh of electricity per day while the average usage per home in Virginia is approximately 35 kWh per day. A typical 600 kWh unit that can be mounted on a trailer measures approximately 8' long X 3' wide X! 5' high. Input from Mr. Berryhill: "I have not seen any distinctions other than the 600 kWh before. Generally most zoning ordinances simply distinguish between an accessory use and a primary use. Itjust can get very complicated to distinguish and try to enforce kWh sizes in a zoning ordinance. Battery sizes today may not mean the same thing in 5 years. Especially when you can plug in your 100 kWh F- 150 battery and use that as a residential battery." a Input from Engineering Firms: Several ofthe engineering firms also weighed in on this issue. Key points were as follows: Monitoring residential and smaller commercial uses will be challenging Residential battery storage is likely to grow as homeowners seek ways to improve resiliency or reduce costs Dealing with the smaller side of battery energy storage is going to be much more complicated since needs vary and will change over time Ordinances either avoid the issue or treat smaller systems as by-right accessory uses Considering vehicles that can power the home, this is going to get really complicated Tier 1 - BESS = Recommended Options for Consideration (Select one): 1. Make no changes. 2. Establish a three-tier system as follows: Type Size By-Right Districts Conditional Small Residential 150 kWh or less All Large Residential 151 kWh to 600 kWh Ag, Intensive Ag, Residential & / Commercial Gen Ind Village Center Utility-Scale Greater than 600 kWh Ag, Intensive Ag, Gen Ind 3. Establish a three-tier system as follows: Type Size By-Right Districts Conditional Small Residential 150 kWh or less All Large Residential 151 kWh to 600 kWh Ag, Intensive Ag, / Commercial Gen Ind Utility-Scale Greater than 600 kWh Ag, Intensive Ag, Gen Ind Staff Review Record Exhibits Dominion Energy Spacing Requirements Battery Energy Storage Draft Regulations Dominion Energy" Solar/Onshore Wind/Storage RFP Lithium-ion BESS Spacing and Firewall Supplement 1. Provide integration of energy storage system, including acreage of operational footprint assuming: a. Containers / structures or groups of containers / structures with <8 MWh of batteries shall have 25 feet spacing between other containers / structures or other groups of containers / structures containing batteries. 25 feet of separation shall also be provided to other site buildings / structures or equipment. b. Containers / structures with > 8 MWh of batteries shall have a 50-foot spacing between containers / structures or any other site building / structure, / equipment and shall have individual rooms limited to <8 MWh of batteries with firewalls (4hr rated masonry block) between all battery rooms. 50 feet of spacing shall also be provided to other site buildings / equipment. C. All containers / structures containing batteries shall be at least 100 feet from the project boundary line if the project size is equal to or greater than 10MW on a nameplate capacity basis. 2. Scenarios that illustrate the groups of containers/structures concept in 1.a. above, are as follows (for llustrative purposes): a. Scenario 1 I An enclosure that is rated for 2 MWh can be grouped together with three other 2 MWh enclosures next to each other. This satisfies the requirement as it is a group of containers / structures of <8 MWh. The next grouping oft four 2MWh enclosures must be spaced 25 feet apart from the original grouping of enclosures. b. Scenario 2 - An enclosure that is rated for 5 MWh cannot be grouped with another enclosure rated for 5 MWh, since the total would be 10 MWh which exceeds the 8MWh limit. The next enclosure would have to be spaced 25 feet apart. C. Scenario 3 An enclosure that is rated for 0.7 MWh can be grouped together with ten other enclosures as the total would be 7.7 MWh which is less than the 8 MWh limit requirement. The next grouping of eleven enclosures would need to be spaced 25 feet apart from the original grouping of enclosures. 3. Requirements for BESS spacing with firewalls for containers/structures or groups of containers/structures with <8 MWh of batteries, which can be used in lieu of the 25- foot separation in 1.a above, are as follows: a. Firewalls shall extend vertically to a point at least 30 inches above the top surface of the roof of the BESS enclosure. b. Firewalls shall extend horizontally at least 30 inches beyond the ends of the BESS enclosure. i. Note that the 30 inches in each of the requirements above is derived from NFPA 221 (high challenge firewalls). C. Firewalls shall be rated for 4 hours per ASTM E119 testing or equivalent. d. Firewalls shall not be provided on the side of the BESS enclosure that contains equipment access doors. e. Clearances between the BESS enclosure and the fire wall shall consider the following: Update - April 11, 2024 Dominion Energy" i. Fire department access requirements (firefighting, access to sample ports, access to FDC, etc.) ii. HVAC and emergency ventilation requirements iii. Maintenance / inspection requirements iv. Exterior appliances on the BESS enclosure V. Conduit routing vi. Battery Installation vii. BESS replacement f. Example #1 PPPPP o" o* o"o" pt' r - o 01 , - - - jora PPPPPPPPPP g. Example #2 , 9 o" os - o*" a 1 o - o Update - April 11, 2024 Charlotte County, Virginia GINIP Battery Energy Storage Systems Draft Amendments to the Charlotte County Zoning Ordinance (Appendix A of the Charlotte County Code) Article IX. USE MATRIX B = By Right = Conditional Use Permit T= Temporary Use Permit Use Types Zoning Districts General Intensive General Village General Agricultural Agriculture Residential Center Industrial Battery Energy Storage Facilities = B B B B B Tier 1 Battery Energy Storage Facilities - C C Tier 2 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 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. Be sited toward the interior oft the lot to buffer the facility from the surrounding areas 2. Have a 20-foot minimum buffer within the fenced area ofthe facility, located between the system components and the fencing 3. Take advantage of existing topography, structures, and vegetation to provide extra screening 4. Be sited to avoid wetlands, floodplains, and any other environmental concerns. 10-24-3. Compliance with Building Codes, Electrical Codes, and Other Regulatory Requirements. Battery Energy Storage Facilities shall be constructed, maintained, and operated in accordance with all applicable local, state, and federal 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; Underwriters Laboratories (UL) 9540A, Standard for Test Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems; and Virginia's stormwater management and erosion and sediment control requirements. Applicable requirements are those in effect at the time of construction and equipment installation. 10-24-4. Installation and Design. Battery cells in a Tier 2 Battery Energy Storage Facility shall be placed in a Battery Energy Storage System ("BESS") with a 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 of a 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 2 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 fifty (50) feet, whichever is greater. 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 a minimum of 400 feet from all off-site residential structures and places of assembly as defined in this ordinance. 10-24-7. Height. Battery Energy Storage Facilities shall comply with the building height limitations for principal structures of the underlying zoning district. 10-24-8. 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 ordinance. 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 company right-of-way and any new: interconnection 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. If the Department of Wildlife Resources has not established guidance, security fencing shall be a minimum of seven feet in height and, in addition, shall have an anti-climbing device at least one foot in height. 10-24-11 Screening. for lier 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; 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. 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, noise levels measured at the 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 a reasonable number of sampled locations at the perimeter oft the battery energy storage system to demonstrate compliance with this standard. 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. If not 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. 1. "Non-combustible " Buffer. A minimum 20-foot "non-combustible" gravel buffer shall be established around the 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 of 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 of Public Safety. 3. Safety Operation Standards. a. Each individual battery shall have 24/7 independently monitored automated fire detection and extinguishing technology built in. 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. C. The Battery Management System shall be capable of shutting down the system 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 conditions 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, 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 in the event of a system failure. C. 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 damaged in a fire or other emergency event. f. A water containment plan to address potentially contaminated water associated with a fire, explosion, or hazardous materials incident. g. Procedures for inspection and testing of associated alarms, interlocks, and controls. h. Procedures and schedule for training local first responders on the contents of 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 placed on all entrançes. 6. Experience and Expertise: Qualifications and experience of developers and selected integrators shall be provided, including disclosure of fires or otherl hazards at facilities. 7. Public Safety Information: Safety data sheets shall be provided to the Zoning Administrator and Director of Public Safety. 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- specific emergency response plans. 10-24-15. Decommissioning of Tier 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 to inflation, and an explanation oft the decommissioning process. The decommissioning estimate shall be prepared and stamped by an independent third-party professional engineer 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, trrevocable 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 physically remove the installation, 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 who has expertise in the removal of Battery Energy Storage Facilities or by a third-party professional engineer approved 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 of decommissioning, the County may approve reducing the guarantee. 4. Tier 2 Battery Energy Storage Facilities which have reached the end of their useful life or 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 Administntorifevidence is provided that the delay is due to circumstances beyond the facility owner/operator's reasonable control. 5. The facility owner/operator shall notify the Zoning Administrator by certified mail of the proposed date of discontinued operations and plans for removal. 6. The facility owner/operator shall have twelve (12) months to complete the decommissioning of the facility. 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. All materials removed from the property, including hazardous materials, shall be disposed of in accordance with local, state, and federal law. Any contaminated soil, as determined by independent testing, shall be removed and disposed of in accordance with local, state, and federal law. 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. 10-24-16. 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 a pre- application meeting with the Zoning Administrator or his/her designee to discuss the location, scale and nature of the proposed project and the application review process. Applications for' Tier 2 Battery Energy Storage Facilities shall include the following items: 1. A 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 of the equipment to be installed, and buffering; and al breakdown ofthe project land by type, with associated percentages (i.e., planted pines, forested, agricultural, pasture, etc.) 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 specified. 4. Fourteen hardcopies (11"X17" or larger) and one electronic copy ofa preliminary plan prepared by a licensed professional engineer including the following: a) Parcel numbers for the proposed site and adjacent properties 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 of ingress/egress. f) Distances from proposed battery energy storage systems to property lines g) The location of 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 provided as part of the site plan review process. 6. A draft emergency plan including the information specified in Section 10-24-14; a final plan shall be provided as part ofthe site plan review process. 7. A land management plan that includes a detailed description of plant selections for the landscaped buffer, maintenance of the momcombustbie-bure, weed control methods for the facility, and general site maintenance information. 8. Any additional items or information the County may require in order to assess compliance with this ordinance. 10-24-17. Community meeting. Within 30 days oft the 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 to hear from the applicant and ask questions regarding the proposed facility. The meeting shall adhere to the following: 1. The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date; 2. The date, time and location of the meeting shall be advertised in a newspaper of record in the county by the applicant, at least seven but no more than 14 days, in advance of the meeting date; 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, a location in a neighboring jurisdiction may be used as long as it is no greater than ten (10) miles from the project site. 4. The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback; and 5. The applicant shall provide to the zoning administrator a summary of any input received from members of 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 a review by the Planning Commission of public utility facility proposals to determine if their 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 storage system technology. 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 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 Management System. 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 temperatures or other conditions are detected. Charlotte County, Virginia 2) Planning Commission Report Meeting Date: April 17, 2025 Subject: General Staff Report General Staff Report 1. Approved Solar Project Updates: CPV County Line Solar- This project is on hold until a new 230kV line is built. Delay for this project is estimated to be 3 years. Charlotte Solar 1 - Gibson Project - The developer expects to receive updated figures from the utility this month that will help determine if the project is financially viable. Tall Pines Solar As reported in March, this project will also be impacted by the PJM study that will require a new 230kV line to be built prior to connection to the grid. PJM is currently doing a second study, with a new report expected in August 2025. The results of this study will dictate the delay on this project. However, completion of the project is now estimated for 2030 or 2031. Also of note, the CUP was issued for a nameplate capacity of 240MW's for this project; however, due to site constraints identified during site development, the project is now estimated at 188MWs. Courthouse Solar- Dominion has finalized their local plans and bonds required in the conditions. The land disturbance permit was issued on April 7th. Depcom had a pre-mobilization meeting with VDOT, County staff, and Dominion on March 31st to discuss the traffic plan and the construction of the entrance located just south of Shady Lane. Work will begin with the installation of the new entrance on Route 40 across from Union Cemetery Road. Staff continues to work with Dominion and Depcom on a woody debris removal plan for the site. Buring will be permitted at the site with specific requirements and will be strictly monitored. The alternative option of chipping and hauling will also be used; however, the burning will significantly reduce truck traffic from the site. As reported in March, based on the most recent report from PJM, this project must connect to the planned 230kV line. Randolph Solar - Staff has no changes to report. > Phase 1 design, 200MWs, is about 30% completed and is expected to be 90% completed by the end of 2025. Approvals and permitting are expected to be completed in 2026. Construction is expected to begin in Q2 of 2027. > Phase 2 timeline, 300MWs, schedule runs from 2028-2031. > Phase 3, 300MWs, schedule runs from 2029-2032. > Dominion is working towards establishing a laydown yard & office site on parcels 85-1-3 & 85-A-131 on Hebron Church Road. Both parcels are part of the approved permit and have been purchased by Dominion. Randolph is working with staff and VDOT on other permits associated with the site. Dominion has a $500K siting agreement payment due to the county by April 30, 2025. This project will move forward on schedule without the need for a new powerline as it will connect to an existing line that has the necessary capacity. Quarter Horse Solar - While Dominion has not officially updated the project schedule, Quarter Horse is also included in the PJM study that will require the construction of the new 230kV line. Staff estimates the project will be operational in 2030-2031. Other Solar Projects & Applications: 2. Other Solar Project Applications Red Oak Solar No updates to report on this project. Last staff review was in October 2024, no resubmittal received. Taro Solar -After the application was deemed complete by staff, staff, VDOT and design engineers met on site to review entrances and several changes were required. As a result, an updated letter of completion was issued, and the review dates were pushed back to allow for sufficient public notice. A community meeting is scheduled for this April 24th and is currently being advertised. The Planning Commission will begin their 2232 comprehensive plan compliance review at their May meeting. If this project were to be approved, it would likely follow the same schedule as the other projects required to connect to the new 230kV line. However, that will not be confirmed until the new PJM study is released in August 2025. Other projects - In recent months staff have conducted preliminary application meetings with Hodson Energy, Dominion, and Ampliform. There are at least three other inquiries regarding other potential solar projects. 3. Town Planning Commissioner Reappointments / Town Representation At their April gth meeting the Board of Supervisors voted to make no changes to the makeup of the Planning Commission after discussing the issue and considering options. 4. Certified Planning Commissioner Training Program We encourage all Planning Commissioners to complete the Certified Planning Commissioner Training Program. An in-person class will be held in Richmond in late July and September. Program cost is covered by the County. If you are interested in attending, please let staff know and we will assist you with registration. Details are available at https:/cura.vcu.edu/land-use: education/ 5. Upcoming Meetings & Public Hearings for Conditional Use Permits April 27th - Taro Solar Community Meeting (See NOVI Energy's invitation below) May 15th, 2025 - Begin Taro Solar 2232 Comprehensive Plan Compliance Review May 15th, 2025 = (Tentative) Public Hearing for a conditional use permit application - Open Storage Yard with Parking Area Please Join Us For a Public Informational Meeting with the Taro Solar team Thursday, April 24, 2025 5:00 PM to 7:00 PM Location: 250 Margaret Lane, Cullen, VA 23934 Directions: From Charlotte Court House proceed north on Route 47 for 4.6 miles. Then turn right onto Route 660 (Taro Road) for 2.4 miles and turn left onto Margaret Lane and proceed for 0.2 miles. The destination will be straight ahead. For more information, please contact us: Email: info@novienergy/.com Phone: (248) 735-6684 x127