The Docket · Government Meeting · DKT-2026-000938

On the agenda: Caroline County meeting — DATA CENTER (Jun 18)

Past ⚠ Agenda Watch Caroline County, Virginia · Thursday, June 18, 2026 — 3 months ago

About this record

The published agenda for this June 18 meeting contains: "DATA CENTER", "Data Center", "data center". The meeting has passed; the record and its outcome live here permanently.

WhenThursday, June 18, 2026
Check the agenda document for the meeting time.

WhereCaroline County, Virginia

Money$45 was at stake

On the record“DATA CENTER”“Data Center”“data center”

The agenda — from the public record

Government public record — the text of the published document (large document; partial archive — read the original for the complete record), archived August 17, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

154 pages · scroll to read

Page 1 of 154

1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE / INVOCATION
3. APPROVAL OF MINUTES
4. PUBLIC HEARINGS
4.I. TXT-03-2026: An Ordinance To Amend The Caroline County Zoning Ordinance
TXT-03-2026: An ordinance to amend the Caroline County Zoning Ordinance to
Repeal and Replace Article XV, Supplemental Regulations, Section 23 Solar Energy
Overlay District, and by amending, deleting and adding provisions within the following
articles including but not limited to Article II Definitions, Article IV Rural Preservation,
Article V Agricultural Preservation, Article IX Business, Article X Industrial, Article XI
Planned Unit Development and Article XV Supplemental Regulations. The purpose of
these amendments is to ensure consistency and compliance with new state
legislation that becomes effective on July 1, 2026. The amendments address
provisions relating to solar, energy storage, utilities, and power generation, storage,
transmission and distribution, including uses, structures, equipment, and devices.
Documents:
PC PACKET TXT-03-2026 JUNE 18 2026.PDF
5. ANY AND ALL MATTERS
6. ADJOURNMENT

Page 2 of 154

Caroline County, Virginia
Department of Planning & Community Development
Department of Building Inspections
B. Leon Hughes, AICP, Director
233 West Broaddus Avenue, Bowling Green, Virginia 22427

MEMORANDUM
TO:

Chair and Members of the Planning Commission

FROM:

B. Leon Hughes, AICP
Director of Planning & Community Development

SUBJECT:

Zoning Ordinance Amendments

DATE:

June 9, 2026

The Planning Commission authorized advertising amendments to the Zoning Ordinances
at its meeting on May 28, 2026. The proposed amendments are in response to changes
in the Code of Virginia that become effective on July 1, 2026 related to solar and energy
storage facilities. Specifically, Senate and House Bills 340, 443, 347& 508 and 711 require
Caroline to amend the Zoning Ordinance to be in conformance with the new legislative
directives. The proposed amendments 1) repeal and replace Article XV, Supplemental
Regulations, Section 23 Solar Energy Overlay District with regulations for both solar and
energy storage facilities, and 2) amend, delete and add associated provisions within
Article II Definitions, Article IV Rural Preservation, Article V Agricultural Preservation, Article
IX Business, Article X Industrial, Article XI Planned Unit Development and Article XV
Supplemental Regulations. The amendments address provisions relating to solar facilities,
energy storage, utilities, and power generation, storage, transmission and distribution,
including uses, structures, equipment, and devices. As noted, these amendments are to
ensure the compliance and consistency with the legislative changes that become
effective on July 1, 2026.
In addition, the Board of Supervisors on May 26, 2026 initiated a review of the Caroline
County Comprehensive Plan to consider the inclusion of policy language that is
supportive of the ordinance amendments and establishes guidance on the review of
Special Exception applications for the possible siting of solar facilities that may be
accompanied with energy storage facilities as accessory uses. Staff is in the process of
preparing language for the Commission and Board to consider that will be presented at
a future meeting of the Commission.
Enclosed for review are copies of the House and Senate Bills noted above and a draft of
the proposed Ordinance amendments. If you have any questions, please do not hesitate
to reach out to Staff in advance of the June 18, 2026 meeting.
BLH:lz
Att: Packet
Planning / Zoning 804-633-4303 ♦ Building 804-633-9896 ♦ Fax 804-633-1766

www.co.caroline.va.us

Page 3 of 154

Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 22. Planning, Subdivision of Land and Zoning
Article 7. Zoning

§ 15.2-2288.7. Local regulation of solar facilities
A. An owner of a residential dwelling unit may install a solar facility on the roof of such dwelling
to serve the electricity or thermal needs of that dwelling, provided that such installation is (i) in
compliance with any height and setback requirements in the zoning district where such property
is located and (ii) in compliance with any provisions pertaining to any local historic, architectural
preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property
is located. Unless a local ordinance provides otherwise, a ground-mounted solar energy
generation facility to be located on property zoned residential shall be permitted, provided that
such installation is (a) in compliance with any height and setback requirements in the zoning
district where such property is located and (b) in compliance with any provisions pertaining to
any local historic, architectural preservation, or corridor protection district adopted pursuant to
§ 15.2-2306 where such property is located. Except as provided herein, any other solar facility
proposed on property zoned residential, including any solar facility that is designed to serve, or
serves, the electricity or thermal needs of any property other than the property where such
facilities are located, shall be subject to any applicable zoning regulations of the locality.
B. An owner of real property zoned agricultural may install a solar facility on the roof of a
residential dwelling on such property, or on the roof of another building or structure on such
property, to serve the electricity or thermal needs of that property upon which such facilities are
located, provided that such installation is (i) in compliance with any height and setback
requirements in the zoning district where such property is located and (ii) in compliance with any
provisions pertaining to any local historic, architectural preservation, or corridor protection
district adopted pursuant to § 15.2-2306 where such property is located. Unless a local ordinance
provides otherwise, a ground-mounted solar energy generation facility to be located on property
zoned agricultural and to be operated under § 56-594 or 56-594.2 shall be permitted, provided
that such installation is (a) in compliance with any height and setback requirements in the
zoning district where such property is located and (b) in compliance with any provisions
pertaining to any local historic, architectural preservation, or corridor protection district adopted
pursuant to § 15.2-2306 where such property is located. Except as otherwise provided herein, any
other solar facility proposed on property zoned agricultural, including any solar facility that is
designed to serve, or serves, the electricity or thermal needs of any property other than the
property where such facilities are located, shall be subject to any applicable zoning regulations of
the locality.
C. An owner of real property zoned commercial, industrial, or institutional may install a solar
facility on the roof of one or more buildings located on such property to serve the electricity or
thermal needs of that property upon which such facilities are located, provided that such
installation is (i) in compliance with any height and setback requirements in the zoning district
where such property is located and (ii) in compliance with any provisions pertaining to any local
historic, architectural preservation, or corridor protection district adopted pursuant to § 15.22306 where such property is located. Unless a local ordinance provides otherwise, a ground1

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mounted solar energy generation facility to be located on property zoned commercial, industrial,
or institutional shall be permitted, provided that such installation is (a) in compliance with any
height and setback requirements in the zoning district where such property is located and (b) in
compliance with any provisions pertaining to any local historic, architectural preservation, or
corridor protection district adopted pursuant to § 15.2-2306 where such property is located.
Except as otherwise provided herein, any other solar facility proposed on property zoned
commercial, industrial, or institutional, including any solar facility that is designed to serve, or
serves, the electricity or thermal needs of any property other than the property where such
facilities are located, shall be subject to any applicable zoning regulations of the locality.
D. An owner of real property zoned mixed-use may install a solar facility on the roof of one or
more buildings located on such property to serve the electricity or thermal needs of that property
upon which such facilities are located, provided that such installation is (i) in compliance with
any height and setback requirements in the zoning district where such property is located and (ii)
in compliance with any provisions pertaining to any local historic, architectural preservation, or
corridor protection district adopted pursuant to § 15.2-2306 where such property is located.
Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility
to be located on property zoned mixed-use shall be permitted, provided that such installation is
(a) in compliance with any height and setback requirements in the zoning district where such
property is located and (b) in compliance with any provisions pertaining to any local historic,
architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where
such property is located. Except as provided herein, any other solar facility proposed on property
zoned mixed-use, including any solar facility that is designed to serve, or serves, the electricity or
thermal needs of any property other than the property where such facilities are located, shall be
subject to any applicable zoning regulations of the locality.
E. Nothing in this section shall be construed to supersede or limit contracts or agreements
between or among individuals or private entities related to the use of real property, including
recorded declarations and covenants, the provisions of condominium instruments of a
condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), the
declaration of a common interest community as defined in § 54.1-2345, the cooperative
instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§
55.1-2100 et seq.), or any declaration of a property owners' association created pursuant to the
Property Owners' Association Act (§ 55.1-1800 et seq.).
F. A locality, by ordinance, may provide by-right authority for installation of solar facilities in
any zoning classification in addition to that provided in this section. A locality may also, by
ordinance, require a property owner or an applicant for a permit pursuant to the Uniform
Statewide Building Code (§ 36-97 et seq.) who removes solar panels to dispose of such panels in
accordance with such ordinance in addition to other applicable laws and regulations affecting
such disposal.
2018, cc. 495, 496.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

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Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 22. Planning, Subdivision of Land and Zoning
Article 7. Zoning

§ 15.2-2288.8. Special exceptions for solar photovoltaic projects
A. Any locality may grant a special exception pursuant to § 15.2-2286, and include in its zoning
ordinance reasonable regulations and provisions for a special exception as defined in § 15.2-2201
, for any solar photovoltaic (electric energy) project or energy storage project. For the purposes of
this section, "energy storage project" means energy storage equipment and technology within an
energy storage project that is capable of absorbing energy, storing such energy for a period of
time, and redelivering such energy after it has been stored.
B. The governing body of such locality may grant a condition that includes (i) dedication of real
property of substantial value or (ii) substantial cash payments for or construction of substantial
public improvements, the need for which is not generated solely by the granting of a conditional
use permit, so long as such conditions are reasonably related to the project.
C. Once a condition is granted pursuant to subsection B, such condition shall continue in effect
until a subsequent amendment changes the zoning on the property for which the conditions were
granted. However, such conditions shall continue if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised zoning ordinance.
2020, cc. 385, 414;2021, Sp. Sess. I, cc. 57, 58.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION

CHAPTER 694
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An Act to amend and reenact §§ 56-580 and 56-585.5 of the Code of Virginia and to amend the Code of
Virginia by adding in Title 45.2 a chapter numbered 22, consisting of a section numbered 45.2-2200,
relating to electric utilities; energy storage resources; Department of Energy to develop model
ordinances; work groups; reports.
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[H 895]
Approved April 13, 2026
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Be it enacted by the General Assembly of Virginia:
1. That §§ 56-580 and 56-585.5 of the Code of Virginia are amended and reenacted and that the Code
of Virginia is amended by adding in Title 45.2 a chapter numbered 22, consisting of a section
numbered 45.2-2200, as follows:
CHAPTER 22.
ENERGY STORAGE.
§ 45.2-2200. Model ordinances for energy storage resources.
A. By December 1, 2026, the Department, in consultation with the Department of Environmental Quality
and the Department of Fire Programs, shall develop model ordinances suggested for use by localities in their
regulation of energy storage projects, as described in subsection E of § 56-585.5, and shall update such
model ordinances every three years thereafter. Such model ordinances shall include (i) minimum safety
standards in accordance with the most recently published edition of the National Fire Protection Association
855 Standard for the Installation of Stationary Energy Storage Systems, (ii) consideration of the varying
characteristics of different energy storage technologies, and (iii) any other factors the Department deems
relevant to support the development of energy storage in the Commonwealth. In developing such model
ordinances, the Department shall develop and publish a guideline document that advises localities on best
practices for reviewing energy storage projects.
B. The Department shall convene a work group to advise the Department on the development or update of
model ordinances conducted pursuant to subsection A. Such work group shall include representatives from
the Department of Environmental Quality, the Department of Fire Programs, an association representing
localities, a nonprofit agricultural advocacy organization, an environmental organization, trade associations
related to solar, energy storage, and clean energy, storage project engineers, electric utilities, and any other
stakeholders deemed relevant by the Department. The Department shall make available online any resources
or studies developed by the work group and shall develop and maintain online resources to educate
localities, developers, contractors, residents, businesses, researchers, and other stakeholders about energy
storage.
§ 56-580. Transmission and distribution of electric energy.
A. Subject to the provisions of § 56-585.1, the Commission shall continue to regulate pursuant to this title
the distribution of retail electric energy to retail customers in the Commonwealth and, to the extent not
prohibited by federal law, the transmission of electric energy in the Commonwealth.
B. The Commission shall continue to regulate, to the extent not prohibited by federal law, the reliability,
quality and maintenance by transmitters and distributors of their transmission and retail distribution systems.
C. The Commission shall develop codes of conduct governing the conduct of incumbent electric utilities
and affiliates thereof when any such affiliates provide, or control any entity that provides, generation,
distribution, or transmission services, to the extent necessary to prevent impairment of competition. Nothing
in this chapter shall prevent an incumbent electric utility from offering metering options to its customers.
D. The Commission shall permit the construction and operation of electrical electric generating facilities
and energy storage resource facilities in Virginia the Commonwealth upon a finding that such generating
facility and associated facilities or such energy storage resource facility and associated facilities (i) will have
no material adverse effect upon reliability of electric service provided by any regulated public utility, (ii) are
required by the public convenience and necessity, if a petition for such permit is filed after July 1, 2007, and
if they are to be constructed and operated by any regulated utility whose rates are regulated pursuant to
§ 56-585.1, and (iii) are not otherwise contrary to the public interest. In review of a petition for a certificate to
construct and operate a generating facility described in this subsection, the Commission shall give
consideration to the effect of the facility and associated facilities on the environment and establish such
conditions as may be desirable or necessary to minimize adverse environmental impact as provided in
§ 56-46.1, unless exempt as a small renewable energy project for which the Department of Environmental
Quality has issued a permit by rule pursuant to Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1.
In order to avoid duplication of governmental activities, any valid permit or approval required for an electric
generating plant facility and associated facilities, or for an energy storage resource facility and associated

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facilities, issued or granted by a federal, state or local governmental entity charged by law with responsibility
for issuing permits or approvals regulating environmental impact and mitigation of adverse environmental
impact or for other specific public interest issues such as building codes, transportation plans, and public
safety, whether such permit or approval is prior to or after the Commission's decision, shall be deemed to
satisfy the requirements of this section with respect to all matters that (i) are governed by the permit or
approval or (ii) are within the authority of, and were considered by, the governmental entity in issuing such
permit or approval, and the Commission shall impose no additional conditions with respect to such matters.
Nothing in this section shall affect the ability of the Commission to keep the record of a case open. Nothing
in this section shall affect any right to appeal such permits or approvals in accordance with applicable law. In
the case of a proposed facility located in a region that was designated as of July 1, 2001, as serious
nonattainment for the one-hour ozone standard as set forth in the federal Clean Air Act, the Commission shall
not issue a decision approving such proposed facility that is conditioned upon issuance of any environmental
permit or approval. The Commission shall complete any proceeding under this section, or under any
provision of the Utility Facilities Act (§ 56-265.1 et seq.), involving an application for a certificate, permit, or
approval required for the construction or operation by a public utility of a small renewable energy project as
defined in § 10.1-1197.5, within nine months following the utility's submission of a complete application
therefore. Small renewable energy projects as defined in § 10.1-1197.5 are in the public interest and in
determining whether to approve such project, the Commission shall liberally construe the provisions of this
title.
E. Nothing in this section shall impair the distribution service territorial rights of incumbent electric
utilities, and incumbent electric utilities shall continue to provide distribution services within their exclusive
service territories as established by the Commission. Subject to the provisions of § 56-585.1, the Commission
shall continue to exercise its existing authority over the provision of electric distribution services to retail
customers in the Commonwealth including, but not limited to, the authority contained in Chapters 10
(§ 56-232 et seq.) and 10.1 (§ 56-265.1 et seq.) of this title.
F. Nothing in this chapter shall impair the exclusive territorial rights of an electric utility owned or
operated by a municipality as of July 1, 1999, or by an authority created by a governmental unit exempt from
the referendum requirement of § 15.2-5403. Nor shall any provision of this chapter apply to any such electric
utility unless (i) that municipality or that authority created by a governmental unit exempt from the
referendum requirement of § 15.2-5403 elects to have this chapter apply to that utility or (ii) that utility,
directly or indirectly, sells, offers to sell or seeks to sell electric energy to any retail customer eligible to
purchase electric energy from any supplier in accordance with § 56-577 if that retail customer is outside the
geographic area that was served by such municipality as of July 1, 1999, except (a) any area within the
municipality that was served by an incumbent public utility as of that date but was thereafter served by an
electric utility owned or operated by a municipality or by an authority created by a governmental unit exempt
from the referendum requirement of § 15.2-5403 pursuant to the terms of a franchise agreement between the
municipality and the incumbent public utility, or (b) where the geographic area served by an electric utility
owned or operated by a municipality is changed pursuant to mutual agreement between the municipality and
the affected incumbent public utility in accordance with § 56-265.4:1. If an electric utility owned or operated
by a municipality as of July 1, 1999, or by an authority created by a governmental unit exempt from the
referendum requirement of § 15.2-5403 is made subject to the provisions of this chapter pursuant to clause (i)
or (ii) of this subsection, then in such event the provisions of this chapter applicable to incumbent electric
utilities shall also apply to any such utility, mutatis mutandis.
G. The applicability of all provisions of this chapter except § 56-594 to any investor-owned incumbent
electric utility supplying electric service to retail customers on January 1, 2003, whose service territory
assigned to it by the Commission is located entirely within Dickenson, Lee, Russell, Scott, and Wise
Counties shall be suspended effective July 1, 2003, so long as such utility does not provide retail electric
services in any other service territory in any jurisdiction to customers who have the right to receive retail
electric energy from another supplier. During any such suspension period, the utility's rates shall be (i) its
capped rates established pursuant to § 56-582 for the duration of the capped rate period established
thereunder, and (ii) determined thereafter by the Commission on the basis of such utility's prudently incurred
costs pursuant to Chapter 10 (§ 56-232 et seq.) of this title.
H. The expiration date of any certificates granted by the Commission pursuant to subsection D, for which
applications were filed with the Commission prior to July 1, 2002, shall be extended for an additional two
years from the expiration date that otherwise would apply.
§ 56-585.5. Generation of electricity from renewable and zero carbon sources.
A. As used in this section:
"Accelerated renewable energy buyer" means a commercial or industrial customer of a Phase I or Phase II
Utility, irrespective of generation supplier, with an aggregate load over 25 megawatts in the prior calendar
year, that enters into arrangements pursuant to subsection G, as certified by the Commission.
"Aggregate load" means the combined electrical load associated with selected accounts of an accelerated
renewable energy buyer with the same legal entity name as, or in the names of affiliated entities that control,

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are controlled by, or are under common control of, such legal entity or are the names of affiliated entities
under a common parent.
"Control" has the same meaning as provided in § 56-585.1:11.
"Elementary or secondary" has the same meaning as provided in § 22.1-1.
"Falling water" means hydroelectric resources, including run-of-river generation from a combined
pumped-storage and run-of-river facility. "Falling water" does not include electricity generated from pumpedstorage facilities.
"Low-income qualifying projects" means a project that provides a minimum of 50 percent of the
respective electric output to low-income utility customers as that term is defined in § 56-576.
"Phase I Utility" has the same meaning as provided in subdivision A 1 of § 56-585.1.
"Phase II Utility" has the same meaning as provided in subdivision A 1 of § 56-585.1.
"Previously developed project site" means any property, including related buffer areas, if any, that has
been previously disturbed or developed for non-single-family residential, nonagricultural, or nonsilvicultural
use, regardless of whether such property currently is being used for any purpose. "Previously developed
project site" includes a brownfield as defined in § 10.1-1230 or any parcel that has been previously used (i)
for a retail, commercial, or industrial purpose; (ii) as a parking lot; (iii) as the site of a parking lot canopy or
structure; (iv) for mining, which is any lands affected by coal mining that took place before August 3, 1977,
or any lands upon which extraction activities have been permitted by the Department of Energy under Title
45.2; (v) for quarrying; or (vi) as a landfill.
"Total electric energy" means total electric energy sold to retail customers in the Commonwealth service
territory of a Phase I or Phase II Utility, other than accelerated renewable energy buyers, by the incumbent
electric utility or other retail supplier of electric energy in the previous calendar year, excluding an amount
equivalent to the annual percentages of the electric energy that was supplied to such customer from nuclear
generating plants located within the Commonwealth in the previous calendar year, provided such nuclear
units were operating by July 1, 2020, or from any zero-carbon electric generating facilities not otherwise RPS
eligible sources and placed into service in the Commonwealth after July 1, 2030.
"Zero-carbon electricity" means electricity generated by any generating unit that does not emit carbon
dioxide as a by-product of combusting fuel to generate electricity.
B. 1. By December 31, 2024, except for any coal-fired electric generating units (i) jointly owned with a
cooperative utility or (ii) owned and operated by a Phase II Utility located in the coalfield region of the
Commonwealth that co-fires with biomass, any Phase I and Phase II Utility shall retire all generating units
principally fueled by oil with a rated capacity in excess of 500 megawatts and all coal-fired electric
generating units operating in the Commonwealth.
2. By December 31, 2045, except for biomass-fired electric generating units that do not co-fire with coal,
each Phase I and II Utility shall retire all other electric generating units located in the Commonwealth that
emit carbon as a by-product of combusting fuel to generate electricity.
3. A Phase I or Phase II Utility may petition the Commission for relief from the requirements of this
subsection on the basis that the requirement would threaten the reliability or security of electric service to
customers. The Commission shall consider in-state and regional transmission entity resources and shall
evaluate the reliability of each proposed retirement on a case-by-case basis in ruling upon any such petition.
C. Each Phase I and Phase II Utility shall participate in a renewable energy portfolio standard program
(RPS Program) that establishes annual goals for the sale of renewable energy to all retail customers in the
utility's service territory, other than accelerated renewable energy buyers pursuant to subsection G, regardless
of whether such customers purchase electric supply service from the utility or from suppliers other than the
utility. To comply with the RPS Program, each Phase I and Phase II Utility shall procure and retire
Renewable Energy Certificates (RECs) originating from renewable energy standard eligible sources (RPS
eligible sources). For purposes of complying with the RPS Program from 2021 to 2024, a Phase I and Phase
II Utility may use RECs from any renewable energy facility, as defined in § 56-576, provided that such
facilities are located in the Commonwealth or are physically located within the PJM Interconnection, LLC
(PJM) region. However, at no time during this period or thereafter may any Phase I or Phase II Utility use
RECs from (i) renewable thermal energy, (ii) renewable thermal energy equivalent, or (iii) biomass-fired
facilities that are outside the Commonwealth. From compliance year 2025 and all years after, each Phase I
and Phase II Utility may only use RECs from RPS eligible sources for compliance with the RPS Program.
In order to qualify as RPS eligible sources, such sources must be (a) electric-generating resources that
generate electric energy derived from solar or wind located in the Commonwealth or off the Commonwealth's
Atlantic shoreline or in federal waters and interconnected directly into the Commonwealth or physically
located within the PJM region; (b) falling water resources located in the Commonwealth or physically located
within the PJM region that were in operation as of January 1, 2020, that are owned by a Phase I or Phase II
Utility or for which a Phase I or Phase II Utility has entered into a contract prior to January 1, 2020, to
purchase the energy, capacity, and renewable attributes of such falling water resources; (c) non-utility-owned
resources from falling water that (1) are less than 65 megawatts, (2) began commercial operation after
December 31, 1979, or (3) added incremental generation representing greater than 50 percent of the original

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nameplate capacity after December 31, 1979, provided that such resources are located in the Commonwealth
or are physically located within the PJM region; (d) waste-to-energy or landfill gas-fired generating resources
located in the Commonwealth and in operation as of January 1, 2020, provided that such resources do not use
waste heat from fossil fuel combustion; (e) geothermal heating and cooling systems located in the
Commonwealth; (f) geothermal electric generating resources located in the Commonwealth or physically
located within the PJM region; or (g) biomass-fired facilities in operation in the Commonwealth and in
operation as of January 1, 2023, that (1) supply no more than 10 percent of their annual net electrical
generation to the electric grid or no more than 15 percent of their annual total useful energy to any entity
other than the manufacturing facility to which the generating source is interconnected and are fueled by
forest-product manufacturing residuals, including pulping liquor, bark, paper recycling residuals, biowastes,
or biomass, as described in subdivisions A 1, 2, and 4 of § 10.1-1308.1, provided that biomass as described in
subdivision A 1 of § 10.1-1308.1 results from harvesting in accordance with best management practices for
the sustainable harvesting of biomass developed and enforced by the State Forester pursuant to § 10.1-1105,
or (2) are owned by a Phase I or Phase II Utility, have less than 52 megawatts capacity, and are fueled by
forest-product manufacturing residuals, biowastes, or biomass, as described in subdivisions A 1, 2, and 4 of
§ 10.1-1308.1, provided that biomass as described in subdivision A 1 of § 10.1-1308.1 results from
harvesting in accordance with best management practices for the sustainable harvesting of biomass developed
and enforced by the State Forester pursuant to § 10.1-1105. Regardless of any future maintenance, expansion,
or refurbishment activities, the total amount of RECs that may be sold by any RPS eligible source using
biomass in any year shall be no more than the number of megawatt hours of electricity produced by that
facility in 2022; however, in no year may any RPS eligible source using biomass sell RECs in excess of the
actual megawatt-hours of electricity generated by such facility that year. In order to comply with the RPS
Program, each Phase I and Phase II Utility may use and retire the environmental attributes associated with
any existing owned or contracted solar, wind, falling water, or biomass electric generating resources in
operation, or proposed for operation, in the Commonwealth or solar, wind, or falling water resources
physically located within the PJM region, with such resource qualifying as a Commonwealth-located
resource for purposes of this subsection, as of January 1, 2020, provided that such renewable attributes are
verified as RECs consistent with the PJM-EIS Generation Attribute Tracking System.
1. The RPS Program requirements shall be a percentage of the total electric energy sold in the previous
calendar year and shall be implemented in accordance with the following schedule:
Phase I Utilities
Year
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050 and
thereafter

RPS Program Requirement
6%
7%
8%
10%
14%
17%
20%
24%
27%
30%
33%
36%
39%
42%
45%
53%
53%
57%
61%
65%
68%
71%
74%
77%
80%
84%
88%
92%
96%
100%

Phase II Utilities
Year
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045 and
thereafter

RPS Program Requirement
14%
17%
20%
23%
26%
29%
32%
35%
38%
41%
45%
49%
52%
55%
59%
63%
67%
71%
75%
79%
83%
87%
91%
95%
100%

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2. A Phase II Utility shall meet one percent of the RPS Program requirements in any given compliance
year with solar, wind, or anaerobic digestion resources of one megawatt or less located in the
Commonwealth, with not more than 3,000 kilowatts at any single location or at contiguous locations owned
by the same entity or affiliated entities and, to the extent that low-income qualifying projects are available,
then no less than 25 percent of such one percent shall be composed of low-income qualifying projects. To the
extent that low-income qualifying projects are not available and projects located on or adjacent to public
elementary or secondary schools are available, the remainder of no less than 25 percent of such one percent
shall be composed of projects located on or adjacent to public elementary or secondary schools. A project
located on or adjacent to a public elementary or secondary school shall have a contractual relationship with
such school in order to qualify for the provisions of this section.
3. Beginning with the 2025 compliance year and thereafter, at least 75 percent of all RECs used by a
Phase II Utility in a compliance period shall come from RPS eligible resources located in the
Commonwealth.
4. Any Phase I or Phase II Utility may apply renewable energy sales achieved or RECs acquired in excess
of the sales requirement for that RPS Program to the sales requirements for RPS Program requirements in the
year in which it was generated and the five calendar years after the renewable energy was generated or the
RECs were created. To the extent that a Phase I or Phase II Utility procures RECs for RPS Program
compliance from resources the utility does not own, the utility shall be entitled to recover the costs of such
certificates at its election pursuant to § 56-249.6 or subdivision A 5 d of § 56-585.1.
5. Energy from a geothermal heating and cooling system is eligible for inclusion in meeting the
requirements of the RPS Program. RECs from a geothermal heating and cooling system are created based on
the amount of energy, converted from BTUs to kilowatt-hours, that is generated by a geothermal heating and
cooling system for space heating and cooling or water heating. The Commission shall determine the form and
manner in which such RECs are verified.
D. Each Phase I or Phase II Utility shall petition the Commission for necessary approvals to procure
zero-carbon electricity generating capacity as set forth in this subsection and energy storage resources as set
forth in subsection E. To the extent that a Phase I or Phase II Utility constructs or acquires new zero-carbon
generating facilities or energy storage resources, the utility shall petition the Commission for the recovery of
the costs of such facilities, at the utility's election, either through its rates for generation and distribution
services or through a rate adjustment clause pursuant to subdivision A 6 of § 56-585.1. All costs not sought
for recovery through a rate adjustment clause pursuant to subdivision A 6 of § 56-585.1 associated with
generating facilities provided by sunlight or onshore or offshore wind are also eligible to be applied by the
utility as a customer credit reinvestment offset as provided in subdivision A 8 of § 56-585.1. Costs associated
with the purchase of energy, capacity, or environmental attributes from facilities owned by the persons other
than the utility required by this subsection shall be recovered by the utility either through its rates for
generation and distribution services or pursuant to § 56-249.6.
1. Each Phase I Utility shall petition the Commission for necessary approvals to construct, acquire, or
enter into agreements to purchase the energy, capacity, and environmental attributes of 600 megawatts of
generating capacity using energy derived from sunlight or onshore wind.
a. By December 31, 2023, each Phase I Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 200 megawatts of generating capacity located in the Commonwealth using energy derived from
sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the purchase of
energy, capacity, and environmental attributes from solar or onshore wind facilities owned by persons other
than the utility, with the remainder, in the aggregate, being from construction or acquisition by such Phase I
Utility.
b. By December 31, 2027, each Phase I Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 200 megawatts of additional generating capacity located in the Commonwealth using energy derived
from sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the
purchase of energy, capacity, and environmental attributes from solar or onshore wind facilities owned by
persons other than the utility, with the remainder, in the aggregate, being from construction or acquisition by
such Phase I Utility.
c. By December 31, 2030, each Phase I Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 200 megawatts of additional generating capacity located in the Commonwealth using energy derived
from sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the
purchase of energy, capacity, and environmental attributes from solar or onshore wind facilities owned by
persons other than the utility, with the remainder, in the aggregate, being from construction or acquisition by
such Phase I Utility.
d. Nothing in this subdivision 1 shall prohibit such Phase I Utility from constructing, acquiring, or
entering into agreements to purchase the energy, capacity, and environmental attributes of more than 600

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megawatts of generating capacity located in the Commonwealth using energy derived from sunlight or
onshore wind, provided the utility receives approval from the Commission pursuant to §§ 56-580 and
56-585.1.
2. By December 31, 2035, each Phase II Utility shall petition the Commission for necessary approvals to
(i) construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes
of 16,100 megawatts of generating capacity located in the Commonwealth using energy derived from
sunlight or onshore wind, which shall include 1,100 megawatts of solar generation of a nameplate capacity
not to exceed three megawatts per individual project and 35 percent of such generating capacity procured
shall be from the purchase of energy, capacity, and environmental attributes from solar facilities owned by
persons other than a utility, including utility affiliates and deregulated affiliates and (ii) pursuant to
§ 56-585.1:11, construct or purchase one or more offshore wind generation facilities located off the
Commonwealth's Atlantic shoreline or in federal waters and interconnected directly into the Commonwealth
with an aggregate capacity of up to 5,200 megawatts. At least 200 megawatts of the 16,100 megawatts shall
be placed on previously developed project sites.
a. By December 31, 2024, each Phase II Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 3,000 megawatts of generating capacity located in the Commonwealth using energy derived from
sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the purchase of
energy, capacity, and environmental attributes from solar or onshore wind facilities owned by persons other
than the utility, with the remainder, in the aggregate, being from construction or acquisition by such Phase II
Utility.
b. By December 31, 2027, each Phase II Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 3,000 megawatts of additional generating capacity located in the Commonwealth using energy
derived from sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the
purchase of energy, capacity, and environmental attributes from solar or onshore wind facilities owned by
persons other than the utility, with the remainder, in the aggregate, being from construction or acquisition by
such Phase II Utility.
c. By December 31, 2030, each Phase II Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 4,000 megawatts of additional generating capacity located in the Commonwealth using energy
derived from sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the
purchase of energy, capacity, and environmental attributes from solar or onshore wind facilities owned by
persons other than the utility, with the remainder, in the aggregate, being from construction or acquisition by
such Phase II Utility.
d. By December 31, 2035, each Phase II Utility shall petition the Commission for necessary approvals to
construct, acquire, or enter into agreements to purchase the energy, capacity, and environmental attributes of
at least 6,100 megawatts of additional generating capacity located in the Commonwealth using energy
derived from sunlight or onshore wind, and 35 percent of such generating capacity procured shall be from the
purchase of energy, capacity, and environmental attributes from solar or onshore wind facilities owned by
persons other than the utility, with the remainder, in the aggregate, being from construction or acquisition by
such Phase II Utility.
e. Nothing in this subdivision 2 shall prohibit such Phase II Utility from constructing, acquiring, or
entering into agreements to purchase the energy, capacity, and environmental attributes of more than 16,100
megawatts of generating capacity located in the Commonwealth using energy derived from sunlight or
onshore wind, provided the utility receives approval from the Commission pursuant to §§ 56-580 and
56-585.1.
3. Nothing in this section shall prohibit a utility from petitioning the Commission to construct or acquire
zero-carbon electricity or from entering into contracts to procure the energy, capacity, and environmental
attributes of zero-carbon electricity generating resources in excess of the requirements in subsection B. The
Commission shall determine whether to approve such petitions on a stand-alone basis pursuant to §§ 56-580
and 56-585.1, provided that the Commission's review shall also consider whether the proposed generating
capacity (i) is necessary to meet the utility's native load, (ii) is likely to lower customer fuel costs, (iii) will
provide economic development opportunities in the Commonwealth, and (iv) serves a need that cannot be
more affordably met with demand-side or energy storage resources.
Each Phase I and Phase II Utility shall, at least once every year, conduct a request for proposals for new
solar and, wind, and energy storage resources. Such requests shall quantify and describe the utility's need for
energy, capacity, or renewable energy certificates. The requests for proposals shall be publicly announced
and made available for public review on the utility's website at least 45 days prior to the closing of such
request for proposals. The requests for proposals shall provide, at a minimum, the following information: (a)
the size, type, and timing of resources for which the utility anticipates contracting; (b) any minimum
thresholds that must be met by respondents; (c) major assumptions to be used by the utility in the bid

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evaluation process, including environmental emission standards; (d) detailed instructions for preparing bids
so that bids can be evaluated on a consistent basis; (e) the preferred general location of additional capacity;
and (f) specific information concerning the factors involved in determining the price and non-price criteria
used for selecting winning bids. A utility may evaluate responses to requests for proposals based on any
criteria that it deems reasonable but shall at a minimum consider the following in its selection process: (1) the
status of a particular project's development; (2) the age of existing generation facilities; (3) the demonstrated
financial viability of a project and the developer; (4) a developer's prior experience in the field; (5) the
location and effect on the transmission grid of a generation facility; (6) benefits to the Commonwealth that
are associated with particular projects, including regional economic development and the use of goods and
services from Virginia businesses; and (7) the environmental impacts of particular resources, including
impacts on air quality within the Commonwealth and the carbon intensity of the utility's generation portfolio.
The Commission shall approve an independent auditor from a list of three auditors proposed by the utility
to participate in formulating each criterion for requests for proposals for new energy storage resources and
reviewing the results of such requests for proposals. Such independent auditor shall ensure that the Phase I
or Phase II Utility purchases projects at the lowest possible cost while ensuring project safety and electric
grid reliability. Such independent auditor shall consider and evaluate best practices that are practicable for
an electric utility located in the PJM region. In doing so, the independent auditor shall also evaluate the
energy storage resources available to and selected by a Phase I or Phase II Utility as compared to the energy
storage resources available to and selected by electric utilities in other states or regions of the United States.
The independent auditor shall provide a report on such review to the Commission with each annual petition
submitted by a Phase I or Phase II Utility under subdivision 4, which report shall be made publicly available
on the Commission's website. Upon receiving such report, the Commission may direct the utility to alter its
request for proposals to promote affordability, cost savings to customers, and electric grid reliability.
4. In connection with the requirements of this subsection, each Phase I and Phase II Utility shall,
commencing in 2020 and concluding in 2035 2045, submit annually a plan and petition for approval for the
development of new solar and onshore wind generation capacity. Such plan shall reflect, in the aggregate and
over its duration, the requirements of subsection D concerning the allocation percentages for construction or
purchase of such capacity. Such petition shall contain any request for approval to construct such facilities
pursuant to subsection D of § 56-580 and a request for approval or update of a rate adjustment clause
pursuant to subdivision A 6 of § 56-585.1 to recover the costs of such facilities. Such plan shall also include
the utility's plan to meet the energy storage project targets of subsection E, including the goal of installing at
least 10 percent of such energy storage projects petitioned for pursuant to subdivisions E 1 and 2 behind the
meter. In determining whether to approve the utility's plan and any associated petition requests, the
Commission shall determine whether they are reasonable and prudent and shall give due consideration to (i)
the RPS and carbon dioxide reduction requirements in this section; (ii) the promotion of new renewable
generation and energy storage resources within the Commonwealth, and associated economic development;
and (iii) fuel savings projected to be achieved by the plan. Notwithstanding any other provision of this title,
the Commission's final order regarding any such petition and associated requests shall be entered by the
Commission not more than six months after the date of the filing of such petition.
5. If, in any year, a Phase I or Phase II Utility is unable to meet the compliance obligation of the RPS
Program requirements or if the cost of RECs necessary to comply with RPS Program requirements exceeds
$45 per megawatt hour, such supplier shall be obligated to make a deficiency payment equal to $45 for each
megawatt-hour shortfall for the year of noncompliance, except that the deficiency payment for any shortfall
in procuring RECs for solar, wind, or anaerobic digesters located in the Commonwealth shall be $75 per
megawatts hour for resources one megawatt and lower. The amount of any deficiency payment shall increase
by one percent annually after 2021. A Phase I or Phase II Utility shall be entitled to recover the costs of such
payments as a cost of compliance with the requirements of this subsection pursuant to subdivision A 5 d of
§ 56-585.1. All proceeds from the deficiency payments shall be deposited into an interest-bearing account
administered by the Department of Energy. In administering this account, the Department of Energy shall
manage the account as follows: (i) 50 percent of total revenue shall be directed to job training programs in
historically economically disadvantaged communities; (ii) 16 percent of total revenue shall be directed to
energy efficiency measures for public facilities; (iii) 30 percent of total revenue shall be directed to renewable
energy programs located in historically economically disadvantaged communities; and (iv) four percent of
total revenue shall be directed to administrative costs.
For any project constructed pursuant to this subsection or subsection E, a utility shall, subject to a
competitive procurement process, procure equipment from a Virginia-based or United States-based
manufacturer using materials or product components made in Virginia or the United States, if reasonably
available and competitively priced.
E. To enhance reliability and performance of the utility's generation and distribution system, each Phase I
and Phase II Utility shall petition the Commission for necessary approvals to construct or, acquire new, or
procure utility-owned energy storage resources. For the purposes of this subsection, "long-duration energy
storage" means energy storage resources with 10 hours or more of generation capacity operating at full

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nameplate capacity and "short-duration energy storage" means energy storage resources with less than 10
hours of generation capacity.
1. By December 31, 2035 2040, each Phase I Utility shall petition the Commission for necessary
approvals to construct or, acquire 400, or procure 780 megawatts of short-duration energy storage capacity.
Nothing in this subdivision shall prohibit a Phase I Utility from constructing or, acquiring, or procuring more
than 400 780 megawatts of short-duration energy storage, provided that the utility receives approval from the
Commission pursuant to §§ 56-580 and 56-585.1. Each Phase I Utility shall petition for at least 10 percent of
all short-duration energy storage required by this subdivision to be recovered as electric distribution grid
transformation projects in Commission filings conducted pursuant to subdivision A 6 of § 56-585.1.
2. By December 31, 2035 2045, each Phase II Utility shall petition the Commission for necessary
approvals to construct or acquire 2,700 16,000 megawatts of short-duration energy storage capacity,
including 4,000 megawatts of short-duration energy storage capacity that shall be petitioned for by
December 31, 2030. Nothing in this subdivision shall prohibit a Phase II Utility from constructing or,
acquiring, or procuring more than 2,700 megawatts of short-duration energy storage than required by this
subdivision, provided that the utility receives approval from the Commission pursuant to §§ 56-580 and
56-585.1. Each Phase II Utility shall petition for at least 10 percent of all short-duration energy storage
required by this subdivision to be recovered as electric distribution grid transformation projects in
Commission filings conducted pursuant to subdivision A 6 of § 56-585.1.
3. By December 31, 2045, each Phase I Utility shall petition the Commission for necessary approvals to
construct, acquire, or procure 520 megawatts of long-duration energy storage capacity, half of which shall
be petitioned to the Commission for necessary approvals to be constructed, acquired, or procured by
December 31, 2035. Of such 520 megawatts, half shall have between 10 and 24 hours of storage capacity
and the other half shall have more than 24 hours of storage capacity. Nothing in this subdivision shall
prohibit a Phase I Utility from constructing, acquiring, or procuring more than 520 megawatts of longduration energy storage, provided that the utility receives approval from the Commission pursuant to
§§ 56-580 and 56-585.1.
4. By December 31, 2045, each Phase II Utility shall petition the Commission for necessary approvals to
construct, acquire, or procure 4,000 megawatts of long-duration energy storage capacity, half of which shall
be petitioned to the Commission for necessary approvals to be constructed, acquired, or procured by
December 31, 2035. Of such 4,000 megawatts, (i) half shall have between 10 and 24 hours of storage
capacity and the other half shall have more than 24 hours of storage capacity and (ii) at least 20 percent
shall be located in the coalfield region of the Commonwealth, as described in § 15.2-6002. Nothing in this
subdivision shall prohibit a Phase II Utility from constructing, acquiring, or procuring more than 4,000
megawatts of long-duration energy storage, provided that the utility receives approval from the Commission
pursuant to §§ 56-580 and 56-585.1.
5. For all energy storage projects proposed for construction, acquisition, or procurement pursuant to this
subsection, the Phase I or Phase II Utility shall demonstrate compliance with the minimum safety standards
set forth in the most recently published edition of the National Fire Protection Association 855 Standard for
the Installation of Stationary Energy Storage Systems.
6. No single energy storage project shall exceed 500 megawatts in size, except that a Phase II Utility may
procure a single energy storage project up to 800 megawatts.
4. 7. All energy storage projects constructed, acquired, or procured pursuant to this subsection shall meet
the competitive procurement protocols established in subdivision D 3. For all such energy storage projects,
the utility shall demonstrate to the Commission that its procurement sought proposals for both the purchase
of storage capacity and the purchase of storage facilities and evaluated the comparative costs, risk
allocation, ownership implications, and impact on customers of each proposal received.
5. 8. After July 1, 2020, at least 35 percent of the energy storage facilities placed into service shall be (i)
purchased by the public utility from a party other than the public utility or (ii) owned by a party other than a
public utility, with the capacity from such facilities sold to the public utility. By January 1, 2021 2027, the
Commission shall adopt regulations to achieve the deployment of energy storage for the Commonwealth
required in subdivisions 1 and 2, including regulations that set interim targets from 2031 until 2045 and
update existing utility planning and procurement rules. The regulations shall include programs and
mechanisms to deploy energy storage, including competitive solicitations, behind-the-meter incentives,
non-wires alternatives programs, and peak demand reduction programs. The Commission shall update such
regulations no less frequently than every five years.
9. If a Phase I or Phase II Utility newly acquires the right, by contract or otherwise, to energy storage
capacity from pumped storage facilities located in the Commonwealth, or makes investments to increase the
electrical capacity of any such facility, such newly acquired or increased pumped storage capacity shall
count toward the requirements of subdivision E 1 or 2 of § 56-585.5.
F. All costs incurred by a Phase I or Phase II Utility related to compliance with the requirements of this
section or pursuant to § 56-585.1:11, including (i) costs of generation facilities powered by sunlight or
onshore or offshore wind, or energy storage facilities, that are constructed or acquired by a Phase I or Phase II

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Utility after July 1, 2020, (ii) costs of capacity, energy, or environmental attributes from generation facilities
powered by sunlight or onshore or offshore wind, or falling water, or energy storage facilities purchased by
the utility from persons other than the utility through agreements after July 1, 2020, and (iii) all other costs of
compliance, including costs associated with the purchase of RECs associated with RPS Program
requirements pursuant to this section shall be recovered from all retail customers in the service territory of a
Phase I or Phase II Utility as a non-bypassable charge, irrespective of the generation supplier of such
customer, except (a) as provided in subsection G for an accelerated renewable energy buyer or (b) as
provided in subdivision C 3 of § 56-585.1:11, with respect to the costs of an offshore wind generation
facility, for a PIPP eligible utility customer or an advanced clean energy buyer or qualifying large general
service customer, as those terms are defined in § 56-585.1:11. If a Phase I or Phase II Utility serves
customers in more than one jurisdiction, such utility shall recover all of the costs of compliance with the RPS
Program requirements from its Virginia customers through the applicable cost recovery mechanism, and all
associated energy, capacity, and environmental attributes shall be assigned to Virginia to the extent that such
costs are requested but not recovered from any system customers outside the Commonwealth.
By September 1, 2020, the Commission shall direct the initiation of a proceeding for each Phase I and
Phase II Utility to review and determine the amount of such costs, net of benefits, that should be allocated to
retail customers within the utility's service territory which have elected to receive electric supply service from
a supplier of electric energy other than the utility, and shall direct that tariff provisions be implemented to
recover those costs from such customers beginning no later than January 1, 2021. Thereafter, such charges
and tariff provisions shall be updated and trued up by the utility on an annual basis, subject to continuing
review and approval by the Commission.
G. 1. An accelerated renewable energy buyer may contract with a Phase I or Phase II Utility, or a person
other than a Phase I or Phase II Utility, to obtain (i) RECs from RPS eligible resources or (ii) bundled
capacity, energy, and RECs from solar or, wind, or zero-carbon electricity generation resources located
within the PJM region and initially placed in commercial operation after January 1, 2015, including any
contract with a utility for such generation resources that does not allocate the cost of such resources to or
recover the cost of such resources from any other customers of the utility that have not voluntarily agreed to
pay such cost. Such an accelerated renewable energy buyer may offset all or a portion of its electric load for
purposes of RPS compliance through such arrangements. An accelerated renewable energy buyer shall be
exempt from the assignment of non-bypassable RPS compliance costs pursuant to subsection F, with the
exception of the costs of an offshore wind generating facility pursuant to § 56-585.1:11, based on the amount
of RECs obtained pursuant to this subsection in proportion to the customer's total electric energy
consumption, on an annual basis. An accelerated renewable energy buyer may also contract with a Phase I or
Phase II Utility, or a person other than a Phase I or Phase II Utility, to obtain capacity from energy storage
facilities located within the network service area of the utility pursuant to this subsection, provided that the
costs of such resources are not recovered from any of the utility's customers who have not voluntarily agreed
to pay for such costs. Such accelerated renewable energy buyer shall be exempt from the assignment of
non-bypassable RPS Program compliance costs specifically associated with energy storage facilities pursuant
to this subsection in proportion to the customer's total capacity demand on an annual basis. An accelerated
renewable energy buyer obtaining RECs only shall not be exempt from costs related to procurement of new
solar or onshore wind generation capacity, energy, or environmental attributes, or energy storage facilities, by
the utility pursuant to subsections D and E, however, an accelerated renewable energy buyer that is a
customer of a Phase II Utility and was subscribed, as of March 1, 2020, to a voluntary companion
experimental tariff offering of the utility for the purchase of renewable attributes from renewable energy
facilities that requires a renewable facilities agreement and the purchase of a minimum of 2,000 renewable
attributes annually, shall be exempt from allocation of the net costs related to procurement of new solar or
onshore wind generation capacity, energy, or environmental attributes, or energy storage facilities, by the
utility pursuant to subsections D and E, based on the amount of RECs associated with the customer's
renewable facilities agreements associated with such tariff offering as of that date in proportion to the
customer's total electric energy consumption, on an annual basis. To the extent that an accelerated renewable
energy buyer contracts for the capacity of new solar or wind generation resources or energy storage facilities
pursuant to this subsection, the aggregate amount of such nameplate capacity shall be offset from the utility's
procurement requirements pursuant to subsection D. All RECs associated with contracts entered into by an
accelerated renewable energy buyer with the utility, or a person other than the utility, for an RPS Program
shall not be credited to the utility's compliance with its RPS requirements, and the calculation of the utility's
RPS Program requirements shall not include the electric load covered by customers certified as accelerated
renewable energy buyers.
2. Each Phase I or Phase II Utility shall certify, and verify as necessary, to the Commission that the
accelerated renewable energy buyer has satisfied the exemption requirements of this subsection for each year,
or an accelerated renewable energy buyer may choose to certify satisfaction of this exemption by reporting to
the Commission individually. The Commission may promulgate such rules and regulations as may be
necessary to implement the provisions of this subsection.

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3. Provided that no incremental costs associated with any contract between a Phase I or Phase II Utility
and an accelerated renewable energy buyer is allocated to or recovered from any other customer of the utility,
any such contract with an accelerated renewable energy buyer that is a jurisdictional customer of the utility
shall not be deemed a special rate or contract requiring Commission approval pursuant to § 56-235.2.
4. The State Corporation Commission shall ensure that any distribution and transmission costs associated
with new energy generation resources procured pursuant to subsection G of § 56-585.5 of the Code of
Virginia, as amended by this act, are justly and reasonably allocated.
H. No customer of a Phase II Utility with a peak demand in excess of 100 megawatts in 2019 that elected
pursuant to subdivision A 3 of § 56-577 to purchase electric energy from a competitive service provider prior
to April 1, 2019, shall be allocated any non-bypassable charges pursuant to subsection F for such period that
the customer is not purchasing electric energy from the utility, and such customer's electric load shall not be
included in the utility's RPS Program requirements. No customer of a Phase I Utility that elected pursuant to
subdivision A 3 of § 56-577 to purchase electric energy from a competitive service provider prior to February
1, 2019, shall be allocated any non-bypassable charges pursuant to subsection F for such period that the
customer is not purchasing electric energy from the utility, and such customer's electric load shall not be
included in the utility's RPS Program requirements.
I. In any petition by a Phase I or Phase II Utility for a certificate of public convenience and necessity to
construct and operate an electrical generating facility that generates electric energy derived from sunlight
submitted pursuant to § 56-580, such utility shall demonstrate that the proposed facility was subject to
competitive procurement or solicitation as set forth in subdivision D 3.
J. Notwithstanding any contrary provision of law, for the purposes of this section, any falling water
generation facility located in the Commonwealth and commencing commercial operations prior to July 1,
2024, shall be considered a renewable energy portfolio standard (RPS) eligible source.
K. Nothing in this section shall apply to any entity organized under Chapter 9.1 (§ 56-231.15 et seq.).
L. The Commission shall adopt such rules and regulations as may be necessary to implement the
provisions of this section, including a requirement that participants verify whether the RPS Program
requirements are met in accordance with this section.
2. That it is the policy of the Commonwealth to further the evaluation and growth of existing and new
energy storage technologies, including short-duration energy storage and long-duration energy storage,
as those terms are defined in subsection E of § 56-585.5 of the Code of Virginia, as amended by this act,
in bolstering reliability of the electric grid and resource adequacy needs. The State Corporation
Commission (the Commission) shall consider such policy in evaluating petitions by a Phase I or Phase
II Utility, as those terms are defined in subdivision A 1 of § 56-585.1 of the Code of Virginia, to
construct, acquire, or procure short-duration or long-duration energy storage resources pursuant to
subsection E of § 56-585.5 of the Code of Virginia, as amended by this act. The Commission shall also
consider such policy, and the role of energy storage resources in complementing the integration of
renewable energy generation in the electric grid, in evaluating petitions related to energy storage
resources and front-of-meter resiliency solutions for critical electrical infrastructure.
3. That the State Corporation Commission (the Commission) shall establish a technology
demonstration program for long-duration energy storage, as those terms are defined in subsection E of
§ 56-585.5 of the Code of Virginia, as amended by this act, to evaluate the feasibility, effectiveness, and
reliability benefits of such resources. Such program shall provide for a Phase II Utility, as defined in
subdivision A 1 of § 56-585.1 of the Code of Virginia, to petition the Commission for approval to
construct, acquire, or procure at least three different long-duration energy storage technologies with a
cumulative discharge capacity of at least 4,000 megawatt-hours, unless the Commission in its discretion
determines that long-duration energy storage resources are not reasonably available in sufficient
quantities to support such petitions. Such program shall also provide that the Phase II Utility may
include any long-duration energy storage resources existing at the time of such petition in such
aggregate capacity. In performing the technology demonstration as established by the Commission, a
Phase II Utility shall make a reasonable good-faith effort to secure appropriate sources of funding
from the U.S. Department of Energy. A Phase II Utility shall report technology demonstration
program progress and outcomes to the Commission no later than October 1, 2030. Such report shall
include the progress and outcomes of all long-duration energy storage projects developed by the utility.
Such report may also include data regarding the costs of projects included in the technology
demonstration program, the ease and ability to procure necessary supply chain elements supporting
long-duration energy storage, the relative ease associated with siting long-duration energy storage
resources, and any other data that the Commission or Phase II Utility deems relevant.
4. That the provisions of subdivisions E 3 and 4 of § 56-585.5 of the Code of Virginia, as amended by
this act, shall become effective only upon a determination by the State Corporation Commission (the
Commission) that the technology referenced in such subdivisions is technically viable and that the
construction, acquisition, or procurement targets referenced in such subdivisions are reasonably
achievable. The Commission shall initiate a proceeding to make such determination or alternatively

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propose modified targets and interim targets for the construction, acquisition, or procurement of such
technology upon receipt of the report by a Phase II Utility as required by the third enactment of this
act and shall enter its final order in such proceeding no later than March 1, 2031. As part of such
proceeding, the Commission shall also review the targets for short-duration energy storage specified in
subdivisions E 1 and 2 of § 56-585.5 of the Code of Virginia, as amended by this act, and may adjust
such targets based on the status of available energy storage technologies, the benefit to utility
customers, and benefits to the security and reliability of the electric grid. The Commission shall use all
available data and information relating to such technology in the proceeding, including the details and
results of long-duration energy storage projects, whether operational or under development, located
outside the Commonwealth. In the event the Commission does not determine that such technology and
targets are viable and achievable, nothing in this act shall prohibit the Commission from initiating
future proceedings in its own discretion or upon a petition by an interested party to assess such
technology and targets.
5. That the State Corporation Commission (the Commission) shall update its regulations to achieve the
deployment of energy storage in the Commonwealth, including regulations that set any interim targets
from 2031 until 2045 that the Commission, in its discretion, finds to be reasonable with the provisions
of subdivisions E 1 and 2 of § 56-585.5 of the Code of Virginia, as amended by this act. Upon making
the determination pursuant to the fourth enactment of this act, the Commission shall promulgate
regulations reflecting any interim targets it finds reasonable with the provisions of subdivisions E 3 and
4 of § 56-585.5 of the Code of Virginia, as amended by this act.
6. That the State Corporation Commission shall initiate a technical conference no later than September
1, 2026, to evaluate nationwide safety standards and practices around short-duration energy storage
development, including the most updated version of the National Fire Protection Association 855
Standard for the Installation of Stationary Energy Storage Systems, and the reasonableness and
prudence of the safety standards required by a Phase I and Phase II Utility, as defined in subdivision A
1 of § 56-585.1 of the Code of Virginia.
7. That, in considering each applicable electric utility's petition filed in 2026 pursuant to subdivision D
4 of § 56-585.5 of the Code of Virginia, as amended by this act, the State Corporation Commission (the
Commission) shall conduct an evaluation of the proposal requirements and evaluation criteria used by
the utility in any solicitation for energy storage project proposals issued in furtherance of the
provisions of subsection E of § 56-585.5 of the Code of Virginia, as amended by this act. If the
Commission, in its discretion, determines that any such requirements or criteria are unreasonable for
purposes of (i) protecting public safety, (ii) ensuring the reliability and security of electric service, and
(iii) promoting the submission of cost-beneficial proposals, it may direct the applicable utility to modify
such requirements or criteria. In making such determination, the Commission may consider, to the
extent practicable, how the energy storage project proposals included in each utility's prior filings
pursuant to subdivision D 4 of § 56-585.5 of the Code of Virginia, as amended by this act, may have
differed under less stringent proposal requirements or evaluation criteria. For any competitive
solicitation issued in 2026 seeking energy storage proposals for acquisition to support petitions filed
pursuant to subdivision D 4 of § 56-585.5 of the Code of Virginia, as amended by this act, no utility
shall prohibit the submission of energy storage proposals for acquisition that comply with the most
recently published edition of the National Fire Protection Association 855 Standard for the Installation
of Stationary Energy Utility Scale Storage Systems. Each applicable utility shall revise and reissue the
requirements relative to energy storage proposals for acquisition within any such competitive
solicitation issued prior to July 1, 2026, if necessary to comply with the provisions of this enactment.
Nothing in this act shall be construed to limit the Commission's discretion to revisit such proposal
requirements and evaluation criteria in subsequent proceedings.

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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION

CHAPTER 695
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[S 448]
Approved April 13, 2026
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RPS Program Requirement
6%
7%
8%
10%
14%
17%
20%
24%
27%
30%
33%
36%
39%
42%
45%
53%
53%
57%
61%
65%
68%
71%
74%
77%
80%
84%
88%
92%
96%
100%

Phase II Utilities
Year
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045 and
thereafter

RPS Program Requirement
14%
17%
20%
23%
26%
29%
32%
35%
38%
41%
45%
49%
52%
55%
59%
63%
67%
71%
75%
79%
83%
87%
91%
95%
100%

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ARTICLE II - DEFINITIONS

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ARTICLE II
DEFINITIONS
(As amended through December 9, 2025)
SECTION 1:

GENERAL RULES OF CONSTRUCTION

For the purpose of this Ordinance certain terms of words used herein shall be interpreted as follows:
1. The word person includes a firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
2. Words used in the present tense include the past and future tenses, and the future tense includes
the present.
3. The singular number includes the plural, and the plural the singular, unless the context clearly
indicates the contrary.
4. The word “shall” is always mandatory; the word “may” is permissive.
5. The word “building” or “structure” includes any part thereof, and the word “building” includes the
word “structure”.
6. The word general development plan (GDP) includes the words “zoning development plan”,
“zoning plat plan” and “plan of development”.
7. The word “lot” includes the words “plot”, “parcel”, and “tract”.
8. The word “used” or occupied include the words “intended, designed, or arranged to be used or
occupied”.
9. The figures used in conjunction with the following definitions are used for illustrative purposes and
for clarity.
Section 2:

Definitions

For the purpose of this ordinance, the following words and phases shall have the meanings
attributed to them. The Zoning Administrator shall strictly construe the terms and definitions in this
section. In the event a term is not defined in this section, the administrator shall refer to the Code
of Virginia, Code of Caroline County and the Virginia Uniform Statewide Building Code for
guidance. In the case a term or use is not defined herein, the following texts shall be incorporated
as part of this section of the ordinance, A Glossary of Zoning, Development, and Planning Terms
50th Anniversary Edition, The New Illustrated Book of Development Definitions 1993 Edition, United
States Building Code (USBC), International Building Code (IBC), and The American Heritage
Dictionary of the English Language, 4th Edition.. In determining appropriate activities of a defined
use, the zoning administrator may consult the current edition of the Standard Industrial
Classification Manual (SIC).

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ACCESSORY USE OR
STRUCTURE/BUILDING

A subordinate use or structure customarily incidental to and
located upon the same lot occupied by the principal use or
structure, in the same zoning district, including Accessory Solar
Facilities. Truck bodies, semi-trailers and mobile homes shall not
be used as an accessory use/structure. Energy storage facility
shall not be an accessory use/structure unless expressly permitted
in this ordinance. See Figure 3.

AGRIVOLTAICS

The intentional co-location of agricultural production and solar
energy generation on the same land that (i) is designed to
prioritize and sustain agricultural productivity while integrating
renewable energy; (ii) allows the ongoing production and sale of
agricultural products throughout the solar array’s life; (iii) is a part
of an existing farm business; and (iv) ensures flexibility for farmers
to adapt to market conditions and support operational needs.

DATA CENTER

A facility used primarily for the storage, management,
processing, and transmission of digital data, which houses
computer and/or network equipment, systems, servers,
appliances and other associated components related to digital
data operations. Such facility may also include air handlers,
back-up power generators, water cooling and storage facilities,
utility substations, and other associated accessory utility
infrastructure to support sustained operations at the facility
(Adopted 08/13/19). Any energy generation system designed or
used to supply power directly to a Data Center during normal
(not back-up) operations shall not be considered part of the Data
Center use and shall be considered a separate Private Energy
Generation Facility use.

ENERGY STORAGE FACILITY

The energy storage equipment and technology within an energy
storage project that is capable of absorbing energy, storing such
energy for a period of time, and redelivering such energy after it
has been stored. For clarity, energy storage facilities are distinct
from and not included within (i) major or minor solar energy
facilities or (ii) public utility, distribution, generation or transmission
facilities, as defined any other use in this ordinance, nor are they
an accessory use thereto unless expressly permitted in this
ordinance or state law. (Adopted 11/10/2022)

ENERGY STORAGE PROJECT

The energy storage facilities within the project site (adopted
11/10/22)

ENERGY STORAGE PROJECT,
ACCESSORY

Energy storage facilities located within the boundaries of a parcel
covered by a special exception or conditional use permit
approved by the Board of Supervisors for a Solar Photovoltaic
Project and having a rated storage capacity that does not
exceed 100 percent of the rated nameplate capacity of the
associated Solar Photovoltaic Project.

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MAJOR SOLAR ENERGY PROJECT

An energy production facility with a rated nameplate capacity
greater than twenty (20) megawatts (MWS) AC that converts
sunlight into electricity, via photovoltaics on ground mounted
systems, for sale of the electricity generated to a public utility or
to off-site customers. (Adopted 05/25/21)

MINOR SOLAR ENERGY PROJECT

An energy production facility with a rated nameplate capacity
of twenty (20) megawatts (MWS) AC or less, that converts sunlight
into electricity, via photovoltaics on ground-mounted systems, for
sale of the electricity generated to a public utility or to off-site
customers. (Adopted 05/25/21)

NATURAL AREA

An existing vegetated area located on the same property as the
solar energy project a Solar Photovoltaic Project that is located
within or includes the required buffer; and is of sufficient height,
length, and depth and contains adequate and sufficient healthy
vegetation to meet the visual buffering requirements at the time
of site plan approval. Natural areas shall be identified and
included in the landscape plan. (Adopted 05/25/21)

PRIVATE ENERGY GENERATION
FACILITY

A system or installation, including all associated equipment,
structures, and appurtenances, designed and used for the on-site
generation of electricity or thermal energy by a private party
through wind turbines, fuel cells, natural gas turbines or engines,
small modular nuclear reactors, biomass systems, geothermal
systems, or other energy conversion technologies, where the
energy generated is intended primarily or exclusively to serve the
electrical or thermal load of a use or uses located on the same
lot or on a contiguous lot under common ownership or control,
rather than for sale or transmission into the public utility grid as a
primary purpose. The term "Private Energy Generation Facility"
shall not include:
(1) Emergency backup generators designed and used solely
to provide temporary power during utility service
interruptions;
(2) Public Utilities, Generation uses when such facilities are
owned or operated by a franchised public utility or
electric cooperative and regulated under applicable
state public utility law;
(3) Portable generators of 25 kilowatts (kW) or less used
temporarily in connection with construction activities;
(4) Accessory Solar Facilities, Small Portable Solar Generation
Devices, and other minor accessory generation; or
(5) Solar Photovoltaic Projects

PUBLIC ENERGY GENERATION
FACILITY

Those facilities used in the manufacture or development of
electric power for sale to the public, excluding Solar Photovoltaic
Projects and Private Energy Generation Facilities.

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SMALL PORTABLE SOLAR
GENERATION DEVICE

SOLAR FACILITY ACCESSORY

SOLAR PHOTOVOLTAIC PROJECT

A moveable solar energy generation device as defined in
Virginia Code Section 56-596.7, as amended, installed on a
residential structure and meeting the requirements of Virginia
Code Section 56-596.7, as amended.
A solar energy generation facility falling into one of the following
categories: (i) a facility on the roof of a building or structure on
such property that solely serves the electricity or thermal needs of
the property upon which such facilities are located, (ii) a groundmounted facility that solely serves the electricity or thermal needs
of the property upon which such facilities are located, (iii) a
ground-mounted facility operated under Virginia Code Sections
56-594 or 56-594.2, as amended, or (iv) a Small Portable Solar
Generation Device.
A ground-mounted solar facility with a generating capacity of
one megawatt or more that is designed to serve, or serves, the
electricity or thermal needs of any property other than the
property where such facility is located. For clarity, this use is
distinct from and not contained within Public Utilities, Generation
or Private Energy Generation Facility.

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ARTICLE IV- RURAL PRESERVATION

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Article 4
Rural Preservation District (RP)
(Adopted 3/28/95-Amended through 06/10/2025)

Section 1 - Statement of Intent
The general intent of this district is to recognize the predominant rural character of Caroline
County, much of which is devoted to uses that require the preservation of the rural character by
maintaining open and wooded spaces with low residential density that are compatible with
conservation and recreation type uses., such as, but not limited to, crop farms, non-intensive
agricultural operations and forests. This district is established for the specific purposes of
maintaining the rural character and facilitating a varity of land uses that require and support
existing and future crop farms and non-intensive agricultural operations, the conservation of
natural resources, and discouraging suburban sprawl and incompatible intensive land uses. This
district encompasses generally rural areas where urban services such as water and sewer are not
planned.
It is further recognized that some areas of the County are planned for future development but do
not yet have public facilities, utilities or the transportation system in place. In areas as designated,
this district shall serve as a holding zone, until such areas are appropriate for development.
Section 2 - Permitted Principal Uses and Structures
1.

Crop farms, silviculture and non-intensive agricultural operations.

2.1.

Single Family Dwellings, detached.

3.2.

Places of Worship.

4.3.

Lodges and Clubs. Repealed 03/28/2000

5.4.

Nurseries and Greenhouses (wholesale).

6.5.

Game Preserves, Wildlife Sanctuaries and Conservation Areas.

7.6.

Public Facilities (excluding landfills).

Public Utilities (Transmission and Distribution).

9.7.

Manufactured Houses, subject to the following conditions:
(Amended 9/26/95)
(a) Such units are attached to a permanent foundation;
(b) Such units are skirted with an approved all weather material.

10.

Cemetery, family.

11.

Family Divisions, subject to the following conditions:
(Amended 11/25/97)
(a) The minimum lot size shall be two (2) acres;

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(b) The lot area and other dimensional requirements shall be the same as that for a
two (2) acre lot in the RR-2 Zoning District;
(c) The parent tract shall maintain the minimum lot size required in the RP zoning
district or ½ the size of the original lot size, whichever is less;
(d) Overall sketch plan showing future proposed family divisions shall be provided;
(e) Common driveway entrances shall be utilized in accordance with Section 5.20
of the Subdivision Ordinance.
11.

Private Schools (Adopted 06/10/25)

12.

Silviculture and non-intensive agricultural operations.

Section 3 - Permitted Accessory Uses and Structures
Uses and structures which are customarily accessory and clearly incidental and subordinate to
permitted principal uses and structures, including:
1.

Wayside stands for the display and sale of products produced on the premises
(excluding processed products).

Garages and domestic storage buildings.

Home Occupations, minor.

Family Apartments, subject to the following conditions:
(a) Such a unit shall not be occupied by more than three (3) persons, at least one
of which must be the natural or adopted parent, grandparent, child, grandchild,
brother, or sister of the owner and occupant of the single family residence on
the same lot;
(b) Such a unit shall contain no more than 1,0001,200 square feet of living space;
(c) No dwelling units other than the principal structure (a single-family dwelling) and
one such family apartment shall be located on a lot;
(d) When such a unit is no longer needed by a member of the immediate owner’s
family and the three (3) year period following the date it passes final inspection
by the County Building Official has expired, the unit shall be considered a
nonconforming use and as such can be rented to anyone.

Parish House or Rectory (accessory to places of worship).

Cemetery (church).

Temporary Uses (Amended 8/22/2000)
(a) A Manufactured House for Purposes of Housing Farm Labor subject to the
following conditions:
(1) The applicant shall be the owner of the farm on which the manufactured
home is to be located;
(2) Not more than one farm tenant structure for each fifty acres of land devoted
to agricultural uses shall be permitted;
(3) The manufactured home must be skirted so that the undercarriage is not
visible;

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(4) The sewage disposal and water supply systems for the manufactured home
be approved by the Caroline County Health Department;
(5) At least one occupant of the manufactured home shall be employed fulltime on the subject farm;
(6) A temporary zoning permit may be issued for a period not to exceed five
years. At least thirty (30) days prior to the expiration of the permit, permittee
shall apply to the Zoning Administrator for a renewal of the temporary zoning
permit. Upon the determination by the Zoning Administrator that all the
conditions under which the permit was issued have continued to be
complied with, and that there are no changed conditions, the Administrator
shall renew said permit for an additional five year period. If, however, the
permittee has not complied with permit conditions, or conditions have
changed, the Zoning Administrator shall revoke the temporary zoning permit.
(7) There shall be no tenant house available on the farm and no dwelling on the
farm rented to a family without at least one member working full-time on the
farm. Nothing in this shall be construed to permit the owner of the farm to
occupy the home.
(8) For the purpose of this Section, the term “farm” shall be defined as land used
for the production of crops; the raising of pasturing of livestock; the raising of
hay for livestock, either for income producing equine pursuits or the
production of cattle to produce beef, milk and other dairy products; for the
raising of poultry and sale of chickens and eggs; or for the growing of fruit.
However, no such use shall qualify as a “farm” use unless the person
conducting same shall demonstrate annual gross sales or anticipated annual
gross sales of $10,000 or demonstrate sufficient need to justify one full-time
farm employee;
(9) The temporary zoning permit shall be obtained prior to locating a
manufactured home in accordance with this Section.
(b)

A Single-Section Manufactured House for a Medical Hardship subject to
conditions:
(1) Only one such manufactured home shall be located on the parcel;
(2) The manufactured home shall be accessory to a single family residential
dwelling;
(3) The manufactured home shall house a member of the immediate family;
(4) Upon elimination or correction of the hardship, the manufactured home
shall be removed;
(5) Zoning permit shall be valid for five (5) years. Prior to expiration, application
may be made for a new Zoning Permit;
(6) Failure to comply with these conditions shall void the permit.

(c) Turkey Shoots or Other Temporary or Seasonal Events. Repealed 08/18/15
(1) The duration of the event shall not exceed five (5) consecutive days.
(2) The event or events shall not exceed fourteen (14) days combined in any
calendar year.
(3) Not more than four (4) events are permitted in any calendar year.
(4) The proposed event shall not result in any noise, glare, dust or other noxious
elements that adversely affect the use of neighboring properties.
(C) Yard Sales (Accessory to residential uses) (Adopted 08/18/15)

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(1)
(2)

The duration of the event shall not exceed three (3) consecutive days.
Not more than three (3) events are permitted in any calendar year

(d) Seasonal Events (Adopted 08/18/15)
(1) The duration of a single event shall not exceed three (3) consecutive days,
with a cumulative total not to exceed twenty four (24) days in any
calendar year.
(2) The proposed event shall not result in any noise, glare, dust, or other
noxious elements that adversely affect the use of neighboring properties.
8.

Family Day Homes (Adopted 07/24/2001)
Six (6) to twelve (12) children subject to issuance of an Administrative Permit in
accordance with Chapter 15.2-2292 of the Code of Virginia.

No accessory use or structure shall be permitted until the principal use or structure has been
established.
Section 5 - Special Exception Uses with Board of Supervisor’s Approval
1.

Animal Hospitals and Veterinarian Clinics.

Kennels, Commercial.

Sand and Gravel Extraction and Sales. (Amended 8/24/04)

Airports.

Campgrounds/Camping Areas.

Sanitary Landfills (governmental).

Equestrian facilities (spectator)

Training Centers for Handicapped Persons.

Sawmills.

10.

Public Utilities - generation.

11.

Adult Homes and Nursing Homes.

12.

Child Care Facilities.

13.

Bed and Breakfast.

14.

Home Occupations, Major.

15.

Professional Office subject to the following conditions:
(a) The minimum parcel size shall be fifty (50) acres;

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16.

(b) A minimum of eighty (80) percent of the property shall remain in open space.
(c) The facade of the structure shall resemble a single family dwelling or agricultural
building. Architectural drawings shall be submitted with the site plan.
(d) Parking shall be located to the rear of the structure.
(e) No subdivision of the property shall be permitted.
(f) A site plan shall be submitted and approved in accordance with Article XV,
Section 14 of the Zoning Ordinance.
(g) A landscaping plan shall be submitted and approved with the site plan.
(h) Other conditions as provided for in Article XVII, Section 11 of the Zoning
Ordinance may be required.
Convents, Monasteries and Religious Retreats.

17.

Housing for Seasonal Farm Labor, subject to the following conditions:
(a) Minimum parcel size of fifty (50) acres;
(b) Housing shall be only for the employment needs for farms in Caroline County;
(c) Housing units shall be occupied from April 15 to November 15 only. No residential
occupancy shall be permitted from November 15 to April 15;
(d) No more than one such housing unit shall be permitted per parcel;
(e) Housing units shall be designed and constructed for such housing needs; for farm
employees only and single sex occupancy;
(f) Farm housing must meet Virginia Department of Health standards for well and
septic;
(g) Any other conditions that may be imposed by the County pursuant to Article
XVII, Section 11 of the Zoning Ordinance.

18.

Golf Clubs and Golf Courses.

19.

Rural Commercial Recreational Uses subject to the following conditions:
(Amended 7/28/98)
(a) The minimum acreage for commercial recreational structures and uses shall be
two (2) acres.
(b) On-site supervision of events shall be maintained at all times.
(c) The proposed sites shall have direct access to a road designated as a Class 1
hard surface secondary road.
(d) The proposed site shall be of a size and shape appropriate for the proposed use
and be situated so as to provide adequate buffering to protect adjacent
development from potentially adverse effects.
(e) A site plan shall be submitted in accordance with the requirements of Article XV,
Section 14.
(f) All rural commercial recreational structures and uses shall not produce sound
levels which exceed sixty (60) decibels during hours of operation as measured at
the nearest property line.
(g) The use shall also be subject to the standards and conditions as may be
applicable pursuant to Article XVII, Sections 10 and 11.

20.

Radio/TV Studio, Office and Broadcasting Facilities. (Adopted 4/14/98)

21.

Communication Facilities (Repealed and Replaced 5/25/04)

22.

Clubs and Lodges (Adopted 03/28/2000)

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23.

Special Events Facility – a facility where private weddings and parties, and other
similar events which shall not be open to the public are held with invited guests not
to exceed 300.
(Adopted 08/26/03)

24.

Contractor’s Office, Equipment, Storage, and Sales Facilities. (Adopted 05/25/04)

25.

Family Divisions where the property does not meet the provisions of Article 4, Section
2.11. (Adopted 10/26/04)
Requirements for Approving Non-Conforming Family Subdivision
The Board of Supervisors may approve a special exception for a family
subdivision which does not meet the lot size requirement as set forth in Section
2, subsection 11 of this Article provided that the Board of Supervisors determines
that the family subdivision is consistent with the intent of the County
Comprehensive Plan and results in the promotion and preservation of the rural
character of the County. The Board may approve the special exception
provided that the proposal promotes the health, safety, and general welfare of
the public and meet the following criteria:
1.

The purpose of the family division is solely to provide for the housing needs
of immediate family members.

The granting of the special exception shall allow the family division to
comply with the land use designation of the comprehensive plan.

A concept plan shall be submitted and approved as a condition of the
special exception. The concept plan shall identify all proposed and
anticipated future family divisions. Actual transfer may not occur until some
future date.

All proposed lots shall be required to have an approved drainfield location
shown on the concept plan.

The minimum size of all lots shall not be less than one (1) acre.

All lots shall be accessed by a minimum of a fifty (50) ft. access easement
with a minimum of travel service width of twenty (20) ft.

In granting the special exception, the Board of Supervisors may impose
conditions regarding the location, character and other features of the
proposed family division as it may deem necessary to the public interest;
and it may require a guarantee or bond to remain in effect until
compliance with such conditions has occurred.

This amendment shall not apply to pre-existing recorded family
subdivisions.

26.

Antique Shop (Adopted 02/08/05)

27.

Nursery and/or Greenhouse (Commercial) (Adopted 3/21/06)

28.

Therapeutic Health Facility subject to the following conditions:
(Adopted 1/09/07)

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(a) The minimum parcel size shall be fifty (50) acres;
(b) A minimum of fifty (50) percent of the property shall remain in open space,
(c) Structures shall meet the setbacks for the Rural Preservation District; set forth in
Article XII, Section 1 of the ordinance;
(d) The exterior of any new structures shall resemble a single family dwelling or
agricultural building. Elevations shall be submitted with the site plan for review
and approval;
(e) Appropriately trained and licensed medical personnel shall be on-site and/or
on-call at all times;
(f) Subdivision of the property which is subject to the special use permit is
prohibited;
(g) A site plan shall be submitted and approved in accordance with Article XV,
Section 14 of the Zoning Ordinance;
(h) A landscaping plan shall be submitted and approved with the site plan;
(i) Other conditions as provided for in Article XVII, Section 11 of the Zoning
Ordinance may be required.
29.

Artist Studio in which the artist/operator does not reside on the property.
(Adopted 6/12/07)

30.

Golf Course, Major (Adopted 09/09/08)

31.

Private Roads in rural subdivisions subject to the standards in Article 15,
Section 8, Development Standards, paragraph L - Standards for private road
subdivisions. (Adopted 8/11/09)

32.

Community Administrative Office (Adoptd 03/26/13)

33.

Boarding School (Adopted 04/09/13)

34.

Community Use (Adopted 03/26/13)

35.

Educational Use, Outdoor (Adopted 06/10/25)

36.

Rural Resort (Adopted 09/23/14)

37.

General Store (Adopted 09/23/14)

38.

Museum (Adopted 09/23/14)

39.

Property Manager’s Residence (Adopted 3/25/14)

40.

Minor Solar Energy Project (Adopted 05/25/21) Repealed 11/10/22

41.

Public Utilities (Generation and Transmission)

40.42. Private Energy Generation Facility

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ARTICLE V- AGRICULTURAL PRESERVATION

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Article 5
Agricultural Preservation District (AP)
(Adopted 3/28/95)
Section 1 - Statement of Intent
This district is intended to encourage economic development and to preserve farmland by providing for the
viability of the County’s agricultural sector by encouraging the orderly and responsible growth of its livestock,
dairy, and poultry industry. Where permitted by the Zoning Ordinance, agricultural production activities
including but not limited to tillage, crop production, harvesting, raising and pasturing of animals and intensive
Agricultural operations shall be permitted uses as a matter of right subject to the standards contained herein.
The regulations for this district are further designed to accommodate related activities, but only to the extent
that they serve agricultural, forestal, or similar rural economic functions.
It is further recognized that certain agricultural activities and certain non-agricultural uses suitable for
agricultural areas can adversely affect other existing or anticipated development or uses. This district
provides for the orderly development of such uses in appropriate areas to reduce the conflicts inherent with
incompatible uses.
Section 2 - Definitions
For the purposes of this article, the following definitions shall apply:
Animal Unit: A unit of measure used to determine the total number of single animal types or combination of
animal types which are fed, confined, maintained or stabled in an agricultural operation
Dwelling, Existing:
(a) A dwelling which is legally occupied on the date an application for an intensive agricultural facility
permit is officially filed in the office of the zoning administrator; or
(b) A dwelling for which a building permit has been issued on the date an application for an intensive
agricultural facility is officially filed in the office of the zoning administrator.
(c) A dwelling which has been legally occupied for a cumulative period of thirty-six (36) months within
the previous sixty (60) months on the date an application for an intensive agricultural facility is
officially filed in the office of the zoning administrator.
Intensive Agricultural operation: Any enclosure, pen, feedlot, building or group of buildings used to feed,
confine, maintain or stable the following animal types or combination of animal types and number to
produce the equivalent of 300 animal units as follows:
(a) 300 slaughter and feeder cattle.
(b) 200 mature dairy cattle (whether milked or dry cows).
(c) 750 swine, each weighing over 55 pounds1; or
(d) 150 horses.
(e) 3,000 sheep and lambs.
(f) 16,500 turkeys.
(g) 30,000 laying hens or broilers.

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Any combination of the categories set forth above shall be calculated proportionately by reference of this
table to determine the equivalent number of animal units in such combination.
Intensive Agricultural Operation, Existing: A intensive livestock, dairy or poultry facility which is occupied or
has been occupied by a commercial livestock raiser, dairy or poultry facility for a total of twelve (12) months
within the previous sixty (60) months on the date on which zoning approval is sought for a dwelling, including
sites or structures which are accessories to the livestock facility, dairy or poultry facility.
Intensive dairy operation, (hereafter, “dairy facility”): A facility with accessory uses or structures including
feed storage bins, litter storage sites, manure storage sites, manure disposal pits which at any one time has
200 dairy cows.
Intensive livestock operation, (hereafter, “livestock facility”): A facility (as used in this ordinance) with
accessory uses or structures, including feed storage bins, litter storage sites, incinerators, manure storage sites
which at any one time has 300 head of cattle, 750 hogs, 150 horses, or 3,000 sheep or lambs, or any
combination thereof.
Intensive poultry operation, (hereafter, “poultry facility”): A poultry house with accessory uses or structures,
including feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for
collection of dead birds which at any one time has 30,000 chickens or 16,500 turkeys.
Livestock raiser, dairy operator, poultry grower, (hereafter, “operator”): The owner of the livestock facility,
dairy or poultry facility or the land on which the facility or dairy is located.
Parcel: A measured portion of land separated from other portions of land by a metes and bounds description
or described as a separate, discrete tract in an instrument of conveyance or devise and recorded in the
Office of the Clerk of the Circuit Court of Caroline County.
Section 3 - Permitted Principal Uses and Structures
1.

Agricultural operations, intensive.

Agricultural operations (non-intensive), silviculture, aquaculture, and general crop production.

Single-family dwellings, detached.

Manufactured houses. (Amended 9/26/95)

Nurseries and greenhouses (wholesale only).

Game preserves, wildlife sanctuaries and conservation areas.

Cemetery, family.

Equestrian facilities including boarding and instruction (non-spectator).

Park facilities, passive (government/civic).

10.

Public utilities - Transmission and distribution.

11.

Places of Worship.

Section 4 - Permitted Accessory Uses and Structures
Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted
principal uses and structures, including:

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Wayside stands for display and sale of products produced on the premises (excluding
processed products).

Guest house.

Home occupations, minor.

Family apartments.

Parish House or Rectory.

Cemetery (church).

No such accessory use or structure shall be permitted until the principal permitted use or structure has been
established.
Section 5 - Permitted Temporary Uses
(Amended 9/26/95)
Uses and structures which may be permitted on a temporary basis.
1.

Single-wide manufactured house as an accessory dwelling for housing farm labor.

Construction office for a period not to exceed two years.

Turkey shoots or other temporary or seasonal events.

Section 6 - Permitted Special Exception Uses
1.

Sawmills.

Commercial storage and processing of bulk agricultural products which are sold or distributed
(Excluding the commercial processing of animals, poultry or fish).

Plant nurseries and greenhouses (retail sales).

Distillation of Industrial Alcohol (ethanol) in conjunction with a farming operation.

Agricultural supply establishments.

Private lodges and clubs.

Bed and breakfast.

Convents, Monasteries and Religious Retreats.

Kennel, commercial.

10.

Farm equipment sales, rental and service.

11.

Home occupation, major.

12.

Preschool, day care center, or nursery school.

13.

Equestrian facilities including boarding and instruction (spectator).

14.

Housing for Seasonal Farm Labor, subject to the following conditions:

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(a)

Minimum parcel size of fifty (50) acres;

(b)

Housing shall be only for the employment needs for the farms located in Caroline
County;

(c)

Housing units shall be occupied from April 15 to November 15 only. No residential
occupancy shall be permitted from November 15 to April 15;

(d)

No more than one such housing unit shall be permitted per parcel;

(e)

Housing units shall be designed and constructed for such housing needs; for farm
employees only and shall be single sex occupancy;

(f)

Farm housing must meet Virginia Department of Health standards for well and septic;

(h)

Any other conditions that may be imposed by the County pursuant to Article XVII,
Section 11 of the Zoning Ordinance.

15.

Communication Facilities
(Repealed & Replaced 5/25/04)

16.

Private roads in rural subdivisions subject to the standards in Article 15, Section 8,
Development Standards, Paragraph L – Standards for Private Road Subdivisions.
(Adopted 8/11/09)

17.

Solar Photovoltaic Project

18.

Energy Storage Project, Accessory

19.

Public Utilities- Generation, Distribution and Transmission

16.20.

Private Energy Generation Facility

Section 7 - Standards for Permitted Principal Uses and Structures
7.1.

Regulations and Standards for Intensive Agriculture Operations
(A) Minimum Acreage Requirements
The minimum acreage requirements for intensive agricultural facilities shall be as follows,
provided all other requirements of this article are met:
(1) The minimum acreage on which an intensive livestock facility may be placed shall be 75
acres for up to 300 head of livestock. All parcels of land which comprise the operation and
are used in the Nutrient Management Plan need not be contiguous.
(2) Minimum acreage on which an intensive dairy facility may be placed shall be 75 acres for
up to 200 head of dairy cows. All parcels of land which comprise the operation and are
used in the Nutrient Management Plan need not be contiguous.
(3) Minimum parcel size on which an intensive poultry facility may be placed shall be twentyfive (25) acres. All parcels of land which comprise the operation and are used in the
Nutrient Management Plan shall be contiguous.
(4) Parcels with intensive agricultural facilities in operation as of the effective date of this
amendment which do not contain sufficient acreage, as required above, shall be
considered non-conforming and shall be regulated through Article XVI.

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(B)

Setbacks:
(1) The setback for an intensive agricultural operation from all existing dwellings not owned by
the operator, shall be as follows:
(a) From an existing dwelling in the Agricultural Preservation District, three hundred (300)
feet;
(b) From an existing dwelling in an adjacent zoning district six hundred (600) feet.
(c) The operator may reduce the above 600 feet setback to 400 feet if he/she plants a
10 foot wide vegetative screen that will grow to at least 6 feet in height in two years
unless there is a natural barrier that meets the height and width requirements.
The setback requirements of this section shall not apply to a member of the immediate family
of the owner of the intensive agricultural operation.
(2) The setback for each dwelling not owned by the operation of an intensive agricultural
operation shall be as follows:
(a) From an existing intensive agricultural operation in the Agricultural Preservation
District, three hundred (300) feet if the dwelling is located in the same district.
(b) From an intensive agricultural operation in the Agricultural Preservation District, six
hundred (600) feet if the dwelling is in an adjacent zoning district.
(c) The owner of the new dwelling may reduce the above 600 feet setback to 400 feet
if he/she plants a 10 foot wide vegetative screen that will grow to at least 6 feet in
height in two years unless there is a natural barrier that meets the height and width
requirements.
(3) The setback for an intensive agricultural operation from property lines shall be at least one
hundred fifty (150) feet.
(4) The setback for an intensive agricultural operation from public roads shall be at least three
hundred (300) feet.
(5) All intensive agricultural operations shall be set back at least 2,640 feet from incorporated
towns; platted residential subdivisions of one thousand (1,000) lots or greater residentially
zoned districts permitting one thousand (1,000) lots or more, and primary and secondary
growth areas (as identified in the Comprehensive Plan
(6) All platted residential subdivisions of one-thousand (1,000) lots or greater or residentially
zoned district permitting one-thousand (1,000) lots shall be setback at least 2,640 feet from
an existing intensive agricultural operation.
(7) All intensive agricultural operations shall be set back at least one thousand (1,000) feet from
platted residential subdivisions of greater than 100 but less than 1,000 lots residentially zoned
districts permitting from 100 to 1,000 lots, manufactured home parks, public schools, places
of worship, public recreation areas, public wells, and public water intakes.
The operator may reduce the above 1,000 feet setback to 800 feet if he/she plants a 10
foot wide vegetative screen that will grow to at least 6 feet in height in two years unless
there is a natural barrier that meets the height and width requirements.
(8) All platted residential subdivisions of greater than 100 but less than 1,000 lots, residentially
zoned district permitting greater than 100 but less than 1,000 lots, manufactured home
parks, public schools, places of worship, public recreation areas, public wells and public

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water intakes shall be setback at least 1,000 feet from existing intensive agricultural
operations.
The applicant may reduce the above 1,000 feet setback to 800 feet if he/she plants a 10
foot wide vegetative screen that will grow at least 6 feet in height in two years, unless there
is a natural barrier that meet the height and width requirements.
(C) Submission Requirements
Applications for an intensive agricultural operation permit shall contain the following items:
(1) One copy of an application on forms provided by Caroline County, completed and signed
by the operator or potential operator.
(2) Four (4) copies of a development plan prepared in accordance with the requirements of
Article XV, Section 14 of the Zoning Ordinance. In addition to the requirements of Article
XV, Section 14, the development plan shall indicate the number, size and location of the
livestock, dairy or poultry facilities proposed for the subject parcel.
(3) Four (4) copies of a plat prepared and signed by a land surveyor or civil engineer, licensed
by the Commonwealth of Virginia certifying that the proposed facility meets all applicable
setbacks required by this ordinance and showing the direction and distances to the
following:
(a) Nearest residential dwellings;
(b) Adjacent zoning districts;
(c) platted residential zoning districts;
(d) primary growth area boundaries;
(e) secondary growth area boundaries;
(f) manufactured home parks;
(g) Places of worship;
(h) public schools;
(i)

public recreation areas;

(j)

public wells and water intakes.

Any setbacks in excess of four hundred (400) feet may be scaled off of aerial photography or other
methods acceptable to the Zoning Administrator.
(4) Four (4) copies of a nutrient management plan which provides for the safe use or disposal
of all animal waste or manure produced by each facility. Disposal or use shall be
accomplished by means of land application at approved locations and agronomic rates,
as established by the Virginia Cooperative Extension Service and other appropriate
agencies. Alternative methods of disposal may be used as approved by appropriate state
and local agencies.
Nutrient management plans shall take the following into
consideration:
•
•
•

proximity to water bodies;
public and private wells;
springs and sinkholes;

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•

•
•
•

soils, slopes, and other geological features with a potential susceptibility to ground
or surface water pollution;
wetlands;
Chesapeake Bay Preservation Areas;
other environmentally sensitive features.

The nutrient management plan shall also provide for a site, with or without a permanent
structure, for the storage of animal wastes and shall:
(a) be located on the same parcel as the facility to which it is an accessory use;
(b) meet the setback requirements of this Article;
(c) be protected from the elements; and
(d) be certified by a professional engineer registered in Virginia that the site meets all
applicable requirements and regulations of the Commonwealth of Virginia.
(5) If off-site disposal is proposed, the operator shall provide, as part of the nutrient
management plan, written documentation of an agreement with the receiver of the
wastes produced at the grower’s facility. Documentation shall specify the duration of the
agreement and the nature of the application or use of the wastes. A nutrient management
plan containing such an agreement shall be valid only as long as the agreement remains
in force and shall be reviewed whenever such an agreement expires or is terminated by
either party. The grower shall notify the zoning administrator whenever such an agreement
is terminated before its stated expiration date within fifteen (15) days of such termination.
(6) Notwithstanding this section, if an operator is unable to locate a site on the same parcel
because of insufficient acreage or topographical hardship, then the zoning administrator,
after consultation with the operator’s engineer, may permit the storage site to be located
on adjacent land owned by the operator; or, if a valid agreement for offsite disposal exists
as provided in this section, the zoning administrator may permit the storage site be located
on a parcel specified in the agreement for off-site disposal.
(7) Nutrient management plans shall be subject to review and approval by the County agent
of the Virginia Cooperative Extension Service or other appropriate agency. Thereafter,
nutrient management plans shall be reviewed and updated every five (5) years by an
agent of the Virginia Cooperative Extension Service or other appropriate agency and by
the zoning administrator. Such revisions may be required more frequently if deemed
necessary or advisable by the county extension agent.
(D) Review and Approval
(1) The zoning administrator shall have forty-five (45) days from the date an application is
officially filed to review and approve or deny an application. If the application is approved,
one approved copy, signed by the zoning administrator shall be provided to the applicant,
the applicant’s engineer, and the local agent of the Virginia Cooperative Extension
Service. One approved copy shall be retained by the County.
(2) If the submission does not meet the requirements of the Ordinance, the zoning administrator
shall return the application materials to the person who submitted it, together with a written
description of the deficiencies in the application. Upon the correction of deficiencies
noted by the zoning administrator, the application may be resubmitted and reviewed in
accordance with paragraph (1) above.
(E)

Validity of Development Plans

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The development plan shall remain valid provided the proposed facilities are constructed in
accordance with the approved development plan and are placed in service in a timely manner as
follows:
(1) At least one-third (1/3) of the number of head of livestock or dairy animals, subject to this
Article of the ordinance or one (1) poultry facility indicated in the development plan must
be placed into service within thirty-six (36) months of the date of approval of the
development plan by the zoning administrator, unless at least 1/3 number of livestock, dairy
or one (1) poultry facility is already in service on the subject parcel at the time the
development plan is filed. Zoning approval for any subsequent facilities indicated in the
development plan may only be obtained if no more than five (5) years have passed since
the date of approval of the development plan for the subject parcel by the zoning
administrator.
(2) The operator shall notify the zoning administrator in writing within thirty (30) days of
placement into service of any facilities indicated in his development plan.
(3) In the event an operator fails to build or have in place the minimum required in paragraph
(1) above facility indicated in the development plan within twelve (12) months of obtaining
zoning approval for the facility, or fails to obtain zoning approval for any of the facilities
indicated in his development plan within the prescribed five (5) year period, the zoning
administrator shall revoke the development plan and all future development plans of
facilities on the subject parcel shall strictly conform to the requirements of this article.
When such development plan has been approved and filed with the zoning administrator
and during the period in which it remains in effect, the planned facilities shall be required
to meet setbacks only from those dwellings and uses existing at the time the development
plan is approved.
(F)

Effect of Regulations on Existing Operations
(1) Replacement or reconfiguration of intensive agricultural facilities in operation as of the
effective date of this amendment to the zoning ordinance but which do not meet the
requirements of this chapter may be permitted provided:
(a) Such facilities were properly permitted under previous zoning regulations;
(b) There is no increase in the square footage devoted to the livestock operation, dairy or
poultry house on the parcel and no increase in the number of livestock or dairy cows
kept on the parcel or the number of poultry houses kept on the parcel at any one time;
(c) Replacement facilities do not encroach upon any setbacks required under this chapter
to a greater extent than the facilities being replaced;
(d) A development plan is obtained as provided for in Section 507.1(c)(3);
(e) A nutrient management plan is obtained as provided for in Section 5-7.1(c)(4).
(2) Existing facilities approved by the county prior to the effective date of this amendment to
the zoning ordinance shall have a nutrient management plan on file with the zoning
administrator not later than two (2) years from the effective date of this amendment or at
such time an additional area devoted to livestock raising, dairy or poultry housing, litter
storage, manure storage, composting of dead birds or other activity which would increase
nutrient output of the facility is placed into service on the same parcel, whichever shall
occur first. After two years from the effective date of this amendment no facility subject to
this Article of the zoning ordinance shall operate without such a nutrient management plan.

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(3) Notwithstanding the provisions of this section, an operator, whose facilities were approved
by the County and in operation prior to the effective date of this amendment to the zoning
ordinance, in attempting to comply with the requirement to provide a litter storage site
within two (2) years form the adoption of this amendment may locate an animal waste
storage site within any setback other wise required in this Article upon satisfaction that the
storage site will not encroach upon setbacks to a greater extent than the existing facility.
Section 8 - Standards for Accessory Uses and Structures
1.

Standards for Family Apartments
(a)

Such a unit shall not be occupied by more than three (3) persons, at least one of which
must be the natural or adopted parent, grandparent, child, grandchild, brother, or sister
of the owner and occupant of the single family residence on the same lot;

(b)

Such a unit shall contain no more than 1,000 square feet of living space;

(c)

No dwelling units other than the principal structure (a single-family dwelling) and one
such family apartment shall be located on a lot;

(d)

When such a unit is no longer needed by a member of the immediate owner’s family
and the three (3) year period following the date it passes final inspection by the County
Building Official has expired, the unit shall be considered a nonconforming use and as
such can be rented to anyone.

Section 9 - Standards for Permitted Temporary Uses
The following standards and conditions shall apply to temporary zoning permits for uses pursuant to
Article 5-4 of the Zoning Ordinance.
9.1.

Repealed (September 26, 1995)

9.2.

Standards for Manufactured Houses for Farm Tenant Structures

(a) The applicant shall be the owner of the farm on which the manufactured home is to be
located.
(b) Not more than one farm tenant structure for each fifty acres of land devoted to agricultural,
forestal, or silviculture uses shall be permitted.
(c) The manufactured home must be skirted so that the undercarriage is not visible and must be
screened, landscaped or located so as to minimize visibility from a public highway and so as
not to require a separate highway entrance. The Zoning Administrator shall specify the time
within which any necessary screening must be approved, based on the current season, and if
the screening required is not installed within the time required, the special use permit shall be
automatically void and of no further force or effect.
(d) The sewage disposal and water supply systems for the manufactured home be approved by
the Caroline County Health Department.
(e) At least one occupant of the manufactured home shall be employed full-time on the subject
farm.
(f) A temporary zoning permit may be issued for a period not to exceed five years. At least thirty
(30) days prior to the expiration of the permit, permittee shall apply to the Zoning Administrator
for a renewal of the temporary zoning permit. Upon the determination by the Zoning
Administrator that all the conditions under which the permit was issued have continued to be
complied with, and that there are no changed conditions, the Administrator shall renew said

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permit for an additional five year period. If, however, the permittee has not complied with
permit conditions, or conditions have changed, the Zoning Administrator shall revoke the
temporary zoning permit.
(g) There shall be no tenant house available on the farm and no dwelling on the farm rented to a
family without at least one member working full-time on the farm. Nothing in this shall be
construed to permit the owner of the farm to occupy the home.
(h) For the purpose of this Section, the term “farm” shall be defined as land used for the production
of crops; the raising or pasturing of livestock; the raising of hay for livestock, either for income
producing equine pursuits or for the production of cattle to produce beef, milk and other dairy
products; for the raising of poultry and sale of chickens and eggs; or for the growing of fruit.
However, no such use shall qualify as a “farm” use unless the person conducting same shall
demonstrate sufficient need to justify one full-time farm employee.
9.3.

Standards for Construction Offices and Equipment Sheds

(a) A temporary zoning permit may be issued for a period not to exceed two (2) years.
(b) A temporary zoning permit may be extended beyond its two-year limit by the Zoning
Administrator based on a finding (in addition to other applicable standards) that the
construction project is of sufficient scope and magnitude to warrant the continuation of such
use(s) and that the applicant is making reasonable and steady progress toward completion
of the project to which the use(s) is accessory. Such extensions shall be granted for a period
not to exceed two (2) years, and may be renewed by similar action upon expiration, for
successive periods not to exceed two years each.
(c) A contractor’s office and equipment sheds shall be allowed on or immediately adjacent to
the subject construction site.
(d) Such facilities shall not be located on the site earlier than thirty (30) days prior to
commencement of actual construction, and shall be removed no later than thirty (30) days
after construction is completed.
(e) The area in the vicinity of such use(s) and access thereto shall be maintained in such a manner
as to prevent dust, debris or mud, from blowing or spreading onto adjoining properties or public
rights-of-way.
9.4.

Standards for Horse Shows, Dog Shows, Steeplechase, Turkey Shoots, Other Similar Activities

(a) A temporary zoning permit may be issued for a period not to exceed thirty (30) consecutive
days.
(b) All permitted activities shall be sponsored by a volunteer fire or rescue department, local
chamber of commerce, veterans’ organization, service club, civic organization, church or
religious organization, sports or hunt club or country chapter of any charitable, educational or
nonprofit organization.
(c) The sponsoring organization shall furnish the Health Director information as to sanitary
arrangements and facilities to be used by the public and employees, and the Health Director
shall advise the Zoning Administrator that such arrangements and facilities will be adequate if
properly used and maintained.
(d) No temporary zoning permit shall be issued unless adequate provision is made for ingress and
egress off-street parking and loading. The resident engineer of Virginia Department of
Transportation shall advise the Zoning Administrator of the adequacy of ingress/egress to the
site.

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Section 10
10.1.

Additional Standards and Conditions for Uses Permitted by Special Exception
Additional Standards for Sawmills

(a) The time period for special exceptions issued for a sawmill operation shall not exceed two (2)
years. Such exceptions may be extended in accordance with the provisions for successive
period of not more than two (2) years each.
(b) No structure and no storage of lumber, logs and timber shall be located closer than 100 feet
to any lot line. No structure housing or enclosing a sawmill shall be located closer than 400 feet
to any lot line.
(c) The hours of operation shall be established by the Board, and shall not extend into the period
between 8:00 p.m. and 8:00 a.m.
(d) Such use shall have direct access to a State maintained road adequate to the size and type
of the mill.
(e) The minimum area involved with the mill operation, including structures, storage and loading,
shall be five (5) acres.
(f) The Board may require such screening, planting, fencing, preservation of trees, entrances,
design of structures or any other requirement which will ensure the minimal impact of the use
on the surrounding uses.
10.2.

Additional Standards for Commercial Storage and Processing of Bulk Agricultural Products

(a) The minimum lot size requirement shall be five (5) acres.
(b) The road frontage requirement shall be three hundred (300) feet on a road designated as a
major collector (or higher) in the Comprehensive Plan.
10.3.

Additional Standards for Plant Nursery and Greenhouse with Retail Sales

(a) The minimum lot size requirement shall be five (5) acres.
(b) No building, structure, outdoor storage, parking or loading area used for or in conjunction with
such use shall be located within fifty (50) feet of any lot line.
(c) Off-street parking, loading and outdoor storage areas shall be effectively screened.
(d) No sales of power tools, garden vehicles or machinery shall be conducted on the premises.
10.4.

Additional Standards for Private Clubs and Lodges

(a) Such uses shall be constructed in completely enclosed, air-conditioned, soundproofed
buildings; however, this requirement shall not apply to private clubs where deemed not
necessary by the Board.
(b) No building shall be located closer than 100 feet to any lot line in or abutting a Residential or
Preservation District.
(c) Off-street parking and loading areas shall be located no less than 50 feet to any property line
in or abutting a Residential or Rural District, and when located within such district, shall be
effectively screened.
10.5.

Additional Standards for Bed and Breakfast

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(a) Such a use shall provide accommodations for not more than twelve (12) persons.
(b) Off-street parking for the use shall be in accordance with the provisions of Article XIII, shall not
be located in any required front yard, and shall be effectively screened.
(c) Such a use shall have direct access to a road designated as a major collector (or higher) in
the Comprehensive Plan.
(d) The building(s) so used shall have the exterior appearance of a single family residence and
normal residential accessory structures.
10.6.

Additional Standards for Convents, Monasteries or Religious Retreat

(a) No structure used for or in conjunction with the use shall be located within 100 feet of any lot
line.
(b) All parking and loading areas, swimming pools and tennis courts shall be effectively screened.
(c) The minimum lot size requirement shall be ten (10) acres.
(d) No off-street parking or loading area shall be located within any required yard.
(e) Uses proposed in conjunction with places of worship shall be subject to regulations applicable
to such use (e.g., schools, athletic facilities).
10.7.

Additional Standards for Kennels

(a) The minimum lot size requirement shall be two (2) acres.
(b) No structure for the confinement, care or breeding of dogs, and no associated structure shall
be located closer than 75 feet to any lot line, except that this requirement shall not apply to
structures which are completely enclosed, adequately soundproofed and constructed so that
there will be no emission of odor or noise detrimental to other properties in the area.
(c) All dogs shall be kept in pens designed and maintained for secure confinement.
(d) In consideration of an application for a permit, the Board of Supervisors shall take into account
the numbers and kinds of dogs proposed to be kept and the characteristics thereof and may
prescribe conditions with respect thereto.
10.8. Additional Standards for Farm Equipment Sales, Rental and Service Establishments and
Agricultural Supply Establishments
(a) Outdoor storage, parking and display areas shall be permitted only on the same lot with the
ancillary to a sales room, rental office or service facility, which shall be entirely enclosed on all
sides.
(b) The outdoor area devoted to storage, loading, parking and display of goods shall be limited
to that area so designated on an approved site plan. Such areas shall not be used for the
storage or display of equipment not in operating condition.
(c) No parking, storage, loading or display shall be conducted in any required front yard or within
fifty (50) feet of any side or rear lot line.
(d) All such uses shall be provided with safe, convenient access to a public street. If any outdoor
area is located contiguous to a street, ingress and egress shall be provided only through

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driveway openings in the curb or similarly controlled by other means appropriate to the design
of the abutting street.
(e) All outdoor areas used for parking, storage, loading, display and driveways shall be
constructed and maintained with an all-weather dustless surface.
(f) All lighting fixtures used to illuminate such outdoor areas shall be designed to comply with the
performance standards as to glare of the zoning district in which such facility is located. Such
facilities shall not be lighted at any time other than during the same hours that the facility is
open for business, except for necessary security lighting.
10.9. Additional Standards for Major Home Occupations
(a) Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided the total area devoted to the home occupation shall not exceed thirty-five
(35) percent of the gross floor area of the dwelling unit or two thousand (2,000) square feet,
whichever is less.
(b) There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation other than one (1) sign in
accordance with Article XIV, Section 2 of this ordinance. Accessory structures shall be similar
in façade to a single-family dwelling; private garage, shed, barn or other structures normally
expected in a rural area and shall be specifically compatible in design and scale with other
development in the area in which it is located. Any accessory structure, which does not
conform to the setback and yard regulations for main structures in the RP district, shall not be
used for any home occupation.
(c) No traffic shall be generated by such major home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such major home occupation shall be met off the street and other than in a
required front yard.
(d) A site plan in accordance with Article XV, Section 14 shall be submitted with the application
for a Special Exception Permit.
(e) Tourist lodging, Bed and Breakfast, nursing home, nursery schools, and private schools shall not
be deemed a major home occupation.
(f) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than that
usually experienced in an average agricultural operation under normal circumstances wherein
no major home occupation exists.
(g) No storage or display of materials, goods, supplies, or equipment related to the operation of a
major home occupation shall be visible from the outside of any structure located on the
premises.
10.10. Additional Standards for Pre-School/Day Care Center/Nursery School
(a) In addition to complying with the minimum lot size requirements of the zoning district in which
it is located, the minimum lot area shall be of such size that 100 square feet of usable outdoor
recreation area shall be provided for each child that may use the space at any one time.
Such area shall be delineated on a plat submitted at the time the application is filed.
For purpose of this provision, usable outdoor recreation area shall be limited to:
1.

That area not covered by buildings or required off-street parking spaces;

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That area outside the limits of the required front yard;

Only that area which is developable for active outdoor recreation purposes.

(b) All outdoor recreation area shall be fully fenced. All off-street parking and loading areas,
swimming pools and tennis courts and similar facilities shall be effectively screened and shall
not be located in any required yard.
10.11. Additional Standards for Equestrian Facilities, Including Boarding and
Instruction (Spectator Uses)
(a) The minimum lot size requirement shall be ten (10) acres.
(b) The road frontage requirement shall be 300 feet on a road designated as a major collector (or
higher) in the Comprehensive Plan.
(c) No structure, riding rink, or course, spectator facility or parking area shall be located closer
than 100 feet to any lot line.
10.12. Additional Standards for Ground Mounted Solar Facilities
(a) Ground Mounted Solar Facilities must comply with the height and setback requirements, local
historic, architectural preservation, and corridor protection districts.
(b) Ground Mounted Solar Facilities shall be considered pursuant to § 15.2-2288.8

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ARTICLE IX - BUSINESS

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Article IX
Business District
(As amended through June 10, 2025)
Section 1 - Statement of Intent
The general intent of this district is to provide for and promote the development of a variety of
business, commercial, and service activities. Such districts are intended for location at strategic
sites in relation to population centers and transportation networks.
Section 2 - Uses Permitted by Right
1.

Banks and savings and loan institutions.

Restaurants.

Drug stores.

Barber and beauty shops.

Funeral homes.

Clothing stores and tailor shops.

Dry cleaners and laundries.

Bakeries.

Libraries.

10.

Medical offices and clinics.

11.

Florist shops.

12.

Retail stores.

13.

Retail food stores.

14.

Churches.

15.

Antique shops and gift shops.

16.

Machinery sales and services.

17.

Plumbing and electrical supply (with storage under cover).

18.

Lumber and building supply (with storage under cover).

19.

New Car Sales, bicycle, and home appliance sales and services. (Amended 2/25/03)

20.

Service stations (with major repair under cover).

21.

Hotels and motels.

22.

Office buildings.

23.

Nurseries and greenhouses.

24.

Printing, publishing and engraving services.

25.

Shoe repair.

26.

Clubs and lodges.

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27.

Public utilities, distribution.

28.

Seasonal Events (Adopted 08/18/15)
(a) The duration of a single event shall not exceed three (3) consecutive days, with a
cumulative total not to exceed twenty four (24) days in any calendar year.
(b) The proposed event shall not result in any noise, glare, dust, or other noxious elements
that adversely affect the use of neighboring properties.

29.

Exercise Studio (Adopted 07/12/16)

30.

Brewery, Limited (Adopted 09/10/19)

31.

Distillery, Limited (Adopted 09/10/19)

32.

Commercial Kennel, Indoor (Adopted 01/26/21)

33.

Vehicle Wash (Adopted 11/09/2021) Repealed 09/10/24

34.

Electric Vehicle Charging Station (Adopted 06/13/23)

35.

Electric Vehicle Charging Center (Adopted 06/13/23)

36.

Educational Use, Indoor (Adopted 06/10/25)

Section 3 - Uses Permitted by Special Exception
1.

Hospitals.

Theaters.

Cabinet, furniture and upholstery shops.

Training center for handicapped persons.

Public billiard parlors and pool rooms, bowling alleys, dance halls, swimming pools, and
other forms of public amusement.

Processing, light warehousing, wholesaling, assembling and distribution establishments.
(repealed and replaced 06/11/2013)

Residences as accessory uses.

Public utilities.

Child care facility. (Amended 5/10/85)

10.

Bed and Breakfast. (Adopted 3/26/87)

11.

Contractor’s Equipment, Storage and Sales Facilities. (Repealed & Replaced 05/25/04)

12.

Truck stop, truck service and repair facilities subject to the following conditions: (Adopted
7/28/92)
a. All maintenance, repair, and mechanical work shall be performed in enclosed
buildings.

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b. All facilities shall be designed and located so that the operation thereof does not
adversely affect adjacent commercial or residential areas, particularly with respect
to noise.
c. No parking or outside storage shall be permitted in any required front yard.
d. All areas for outdoor storage and all equipment, machinery and facilities not located
within an enclosed building shall be effectively screened.
e. All exterior lighting sources shall be shielded and directed downward so as to not be
visible to adjacent properties.
f. Adjacent residential uses shall have a minimum of a 50’ buffer to any truck service
and repair facility or truck stop.
g. Any other conditions as provided for in Article XVII, Section 11 of the Zoning
Ordinance as may be required.
13.

Convents, Monasteries and Religious Retreats subject to the following conditions: (Adopted
8/24/93)
a.
b.
c.
d.

14.

The property must have been zoned B-1, Business, prior to March 27, 1980.
The minimum lot size shall be five acres of land.
Length of stay for religious retreats shall not exceed 30 days.
Site plan approval shall be required.

Communication Facilities. (Repealed & Replaced 05/25/04)

15. Sexually Oriented Businesses subject to the following criteria: (Adopted 2/27/01)
a. Permit required from sheriff
Every person either operating or desiring to operate a Sexually Oriented Business must
comply with the permit requirements as set forth in the Emergency Ordinance to
Provide for the Regulation and Permitting of Sexually Oriented Business, adopted
January 16, 2001 (proposed Amendment to Chapter 77 of the Caroline County Code
(Property Maintenance) adding Article VIII (Providing for the Regulation of and
Permitting Sexually Oriented Businesses).
b. Location of Sexually Oriented Businesses.
1. Set-back Requirements.
No Sexually Oriented Business may be operated within 1,000 feet of the property
line of the following:
(a) A church, synagogue, mosque, temple or building which is used primarily for
religious worship and related religious activities.
(b) A public or private educational facility including but not limited to child day
care facilities, nursery schools, preschools, kindergartens, elementary schools,
private schools, intermediate schools, junior high schools, middle schools, high
schools, vocational schools, secondary schools, continuation schools, special
education schools, junior colleges, and universities; school includes the school
grounds, but does not include facilities used primarily for another purpose and
only incidentally as a school;
(c) A boundary of a residential district as defined in the Caroline County Zoning
Ordinance;

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(d) Any public lands, parks or recreational areas which have been designated for
park or recreational activities including but not limited to a park, playground,
nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts,
pedestrian/bicycle paths, wilderness areas, or military installations,
government office space, game preserves, public landings or other similar
public land within the County.
(e) An entertainment business which is oriented primarily towards children or
family entertainment; or
(f) A licensed premises, licensed pursuant to the alcoholic beverage control
regulations of the State;
(g) Any motel, hotel, or travel lodge; or
(h) Any truck stop or truck rest area.
(i) Any other sexually oriented businesses.
c. Hours of Operation
No sexually oriented business, except for an adult motel, may remain open at any time
between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on
weekdays and Saturdays, and one o'clock (1:00) A.M. and noon (12:00) P.M. on
Sundays.
d. Violations and Penalties.
A person who operates or causes to be operated a Sexually Oriented Business in
violation of this ordinance is subject to a suit for injunction as well as prosecution for
criminal violations. Such violations shall be punishable by a fine of $2,500.00 or
imprisonment for a term not to exceed 12 months or both. Each day a sexually
oriented business so operates shall constitute a separate offense or violation.
e. Severability.
If any section, subsection, or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining sections,
subsections, and clauses shall not be affected.
16. Used Car Sales (except when accessory to new car sales).
(Adopted 2/25/03)
17. Tow Service Operation (Adopted 4/11/06)
18. Private roads in a commercial development subject to the standards in Article 15, Section
8, Development Standards, Paragraph L – Standards for Private Roads.
19. Crematory subject to the standards in Article 15, Section 8, Paragraph M – Standards for
Crematory. (Adopted 11/24/09)
20. Motor Vehicle Repair/Service Facility – Minor (Adopted 03/13/18)
21. Data Center – subject to the standards contained in Article XI, Division 7, Planned
Innovation, Research, and Technology Park (Adopted 11/16/23)
22. Commercial Kennel, Outdoor (Adopted 01/26/21)
23. Vehicle Wash (Adopted 09/10/24)

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24. Solar Photovoltaic Project
23.25.

Energy Storage Project, Accessory

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ARTICLE X - INDUSTRIAL

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Article X
Industrial District (M-1), Manufacturing
(As Amended through 12/10/2024)
Section 1 - Statement of Intent
The general intent of this district is to encourage the development of industrial parks and individual
manufacturing facilities. With proper landscaping, many types of industry will not detract from the
residential desirability of adjacent properties. Some types of industry, however, are not
compatible with residential uses due to potential nuisance or hazard. Special use permits are
required for the latter types of industrial uses in order to protect the general public and surrounding
properties.
Section 2 - Uses Permitted by Right
1.

Offices.

Wholesale businesses.

Storage warehouses and distribution facilities.

Printing and publishing.

Animal hospitals and Commercial Kennel, Indoor. Subject to Development
Standards contained in Article XV, Section 8.W (Adopted 01/26/2021)

Truck or freight terminals.

Cabinet, furniture and upholstery shops.

Research, experimental, and testing facilities.

Contractor’s equipment, storage, and sales facilities.

10.

Coal, wood, lumber yards and sawmills.

11.

Ice manufacture, storage and distribution facilities.

12.

Feed and seed stores.

13.

Building materials sales and storage yards.

14.

Bottling and canning facilities, including distribution of such.

15.

Blacksmith shops and welding and machine shops, excluding punch presses
exceeding forty (40) tons rated capacity and drop hammers.

16.

Photographic processing or blueprinting facilities.

17.

Manufacture or assembly of previously prepared materials; medical and dental
equipment; drafting, optical, and musical equipment; clocks; toys; games; electrical
and electronic apparatus.

18.

Manufacture, compounding, processing, or packaging of bakery products, candy,
cosmetics, dairy products, drugs, pharmaceuticals, soap, toiletries, and food
products.

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19.

Manufacture of pottery and similar ceramic products using only previously
pulverized clay and kiln fired by electricity or gas.

20.

Manufacture of rugs, mattresses, millinery, clothing and printing and finishing of
textiles and fibers into fabric goods.

21.

Manufacture or assembly of boats, fire arms, electrical appliances, electronic
instruments and devices, radios, televisions, phonographs, tools, dies, machinery,
and hardware and sheet metal products.

22.

Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning,
body and fender work, truck repairing or overhauling, tire retreading, or recapping
or battery manufacture. (Repealed 03/28/2000)

23.

Public utilities -- distribution, transmission and generation.

24.

New Auto Sales and Service. (Amended 2/25/03)

25.

Trade, Technical and Vocational School (Indoor and Outdoor). (Adopted 7/26/94)

26.

Manufacture of Horticultural Products. (Adopted 4/11/95)

27.

Tow Service Operation. (Adopted 4/11/06)

28.

Logging and Timbering. (Adopted 7/14/09)

29.

Data Center – subject to the standards contained in Article XI, Division 7, Planned
Innovation, Research, and Technology Park (Adopted 11/16/2023)
Repealed 12/10/2024

30.

Uses permitted in Article IX (B-1), Section 2, subject to standards contained in Article
XV, Section 22. (Adopted 08/13/19)

31.

Brewery, Limited (Adopted 09/10/19)

32.

Distillery, Limited (Adopted 09/10/19)

33.

Electric Vehicle Charging Station (Adopted 06/13/2023)

34.

Electric Vehicle Charging Center (Adopted 06/13/2023)

Section 3 - Uses Permitted by Special Exception
1.

Airports.

Asphalt manufacturing or mixing.

Crushed stone operations.

Used Auto Sales (except when accessory to new car sales).
(Repealed and Replaced 2/25/03)

Sand and gravel operations.

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Sanitary landfills, waste disposal facilities.

Paper and pulp manufacturing.

Manufacture of stone and shale products, brick, tile, and concrete products.

Dwelling for resident watchmen and caretakers employed on the premises.

10.

Alcohol, Industrial. (Adopted 6/30/88)

11.

Retail Sales associated with manufacturing. (Amended 8/29/90)

12.

Communication Facilities. (Repealed & Replaced 05/25/04)

13.

Motor Vehicle body and painting. (Repealed & Replaced 05/11/04)

14.

Motor Vehicle parts sales. (Adopted 05/11/04)

15.

Motor Vehicle minor repair service. (Adopted 05/11/04)

16.

Motor Vehicle major repair service. (Adopted 05/11/04)

17.

Tire retreading/recapping. (Adopted 05/11/04)

18.

Retail Sales and Services associated with offices. (Adopted 11/23/04)

19.

Towing Storage Lot. (Adopted 4/11/06)

20.

Temporary Quarters for Industrial Facilities (Adopted 02/10/15)

21.

Carry-out Restaurant (Adopted 02-16-16)

22.

Exercise Studio (Adopted 07-12-16)

23.

Uses permitted in Article IX (B-1), Section 3, subject to standards contained
in Article XV, Section 22. (Adopted 08/13/19)

24.

Commercial Kennel, Outdoor (Adopted 01/26/2021)

25.

Data Center – subject to the standards contained in Article XI, Division 7,
Planned Innovation, Research, and Technology Park (Adopted 12/10/2024)

26.

Solar Photovoltaic Project

25.27. Energy Storage Project, Accessory

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ARTICLE XI - PLANNED UNIT DEVELOPMENT

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DIVISION 3 - PLANNED MIXED USE DEVELOPMENT (PMU)
SECTION 1 – Statement of Intent
This district is intended to permit development in accordance with a master plan of cluster-type
communities which may be under one ownership or control. Additionally, planned mixed use
developments may be appropriate where the establishment of a “new village” or the nucleus of
a future community exists. Within such communities, the location of all improvements shall be
controlled in such a manner as to permit a variety of housing accommodations in an orderly
relationship to one another, with the greatest amount of open area and the least disturbance to
natural features. PMU districts shall be located in areas served by both public water and sewer
systems.
In order to encourage the community function, appropriate commercial and industrial uses are
provided in addition to a variety of residential uses. It is intended that commercial and industrial
development be limited to a scale appropriate to the support of the residential uses within the
planned mixed use development; provided that additional commercial and industrial activity
may be permitted upon a finding that the area in which the PMU is to be located is not adequately
served by such uses.
It is intended that these regulations provide flexibility in residential development by providing for
a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility
in internal relationships of design elements and, in appropriate cases, increases in gross residential
densities over that provided in conventional districts.
SECTION 2 – Permitted Uses – Residential
Within areas approved as residential on the master plan, permitted uses shall be as follows:
2.1.

By Right:

The following uses shall be permitted subject to the requirements and limitations of this ordinance:
(a) Detached singles-family dwellings.
(b) Semi-detached and attached single-family dwellings such as duplexes, townhouses,
atrium houses and patio homes provided that the density is maintained, and provided
further that buildings are located so that each unit could be provided with a lot
meeting all other requirements for detached single-family dwellings except for side
yards at the common wall.
(c) Multi-family dwellings.
(d) Recreational uses, including clubhouses, community centers, cultural facilities, golf
courses, swimming pools, tennis courts, and similar recreational improvements and
facilities. (Amended 2/22/00)
(e) Electric, gas, oil, water, sewer and communication facilities excluding multi-legged
tower structures and including poles, lines, transformer, pipes, meters and related
facilities for distribution of local service.
(f) Public uses and buildings such as schools, offices, parks, playgrounds, and roads.

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(g) Accessory uses and structures including minor home occupations and storage
buildings.
(h) Temporary buildings, the uses of which are incidental to construction operations during
development being conducted on the same or adjoining tract or section and which
shall be removed upon completion or abandonment of such construction.
(i) Day care, child care or nursery facility.
(j) In-Law Suites (adopted August 9, 2005).
(k) Community Administrative Office in developments with a minimum of 500 single family
dwelling units. (Adopted 03/26/13.
(l) Seasonal Events (Adopted 08/18/15)
(i)
(ii)

2.2.

The duration of a single event shall not exceed three (3) consecutive days, with
a cumulative total not to exceed twenty four (24) days in any calendar year
The proposed event shall not result in any noise, glare, dust, or other noxious
elements that adversely affect the use of neighboring properties

Conditional Uses
(Adopted 12/10/91)
(a) Bed and Breakfast
(b) Churches and Other Places of Worship
(c) Cemeteries
(d) Family Apartments
(e) Efficiency Apartments
(f) Colleges and Universities
(g) Assisted Living Facility (Adult)
(Adopted 2/22/00)
(h) Temporary Construction Yard & Recycling Facility subject to the following standards:
(Adopted 9/28/04)
i. Such a facility shall occur on a site within the development project where
construction materials are placed for storage, staging, and distribution during
the construction phase of the project.
ii. By-products of the development process may also be stored and sorted for
recycling as follows:

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1. On-site Materials - Only those construction by-products which are
generated and/or produced from the development site shall be
processed at this facility.
2. Off-site materials may be used by a special exception permit process.
3. Crushing of block, bricks, concrete, and similar aggregates – Any
aggregate or aggregate by-product may be separated and crushed for
re-use on the project site. Storage of crushed materials shall be permitted
at the facility and measures implemented to prevent erosion and dispersal
of the ground-up material shall be installed by the operator of this facility.
4. Grinding of wood – Any wood by-products associated with the
development site shall be ground to be re-used within the development
area. Storage of ground wood by-products shall be permitted on site and
measures implemented to prevent erosion and dispersal of the ground-up
material shall be installed by the operator of this facility.
5. Incineration – Combustible materials may be incinerated on-site via a
portable incinerator that is licensed and approved by the Department of
Environmental Quality.
a. Placement of the portable incinerator on the site shall be subject
to the approval of the Director of Emergency Services.
b. Operation of the portable incinerator shall be in accordance with
all applicable State and federal regulations.
6. Separation of Materials – plastics, metals and other materials shall be
separate and placed in containers for shipment off-site to a permitted
recycling center.
7. Non-recyclable materials – any material which is not recyclable shall be
placed in containers for shipment off-site to a permitted landfill.
iii. The site shall be surrounded by a minimum of a fifty (50) foot buffer where all
existing vegetation shall be retained.
iv. A site in accordance with Article XV, Section 14 shall be submitted to the
County for review and approval prior to operating the facility.
v. The permit shall be valid for a two (2) year period and may be renewed for
successive two (2) year periods upon a determination by the Planning Director
or his designee that the facility is compliant with these standards.
vi. A bond, satisfactory to the County Attorney, to cover the amount for the
closure of the facility, shall be posted with the County
(i) Accessory Apartment (adopted August 9, 2005).
(j) Electric and natural gas/propane substations which may included:

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poles, lines, transformer, pipes, meters and related facilities for distribution
of local service provided that screening is installed which protects the
aesthetics of the planned development community and surrounding
properties. Such screening shall be approved by the Director of Planning
during the site plan process and to the maximum extent feasible, any aerial
lines shall be placed underground.

ii.

A 100-foot wide landscaped buffer adequate to screen the substation from
adjacent properties, the following landscaping shall be provided:
A minimum of:
1. Five (5) large deciduous trees for every 50 linear feet around the
perimeter of the substation.
2. Four (4) small deciduous trees for every 50 linear feet around the
perimeter of the substation.
3. Four (4) evergreen trees for every 30 linear feet around the perimeter of
the substation.
4. Four (4) medium shrubs for every 15 linear feet around the perimeter of
the substation.
5. All landscaping shall be outside any security fencing installed.
6. All deciduous trees shall be a minimum of 3.5 inches in diameter at
breast height at time of planning. All evergreen trees shall be at least
6-feet in height at time of planting. All shrubs shall be a minimum of a 3
gallon container or 16-inches in diameter and height.
7. Existing vegetation/screening will be retained to the extent possible.
8. An executed landscape agreement recorded in the Office of the
Circuit Clerk which specifies that the applicant/owner shall maintain
such landscaping in perpetuity.
Adopted December 12, 2007.

SECTION 3 – Permitted Uses – Commercial /Service
Within areas approved as commercial/service on the master plan, uses permitted shall be as
follows:
3.1.

By Right
(a) Banks and savings and loan institutions.
(b) Restaurants.
(c) Drug Stores.

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(d) Barber and beauty shops.
(e) Dry cleaners and laundries.
(f) Bakeries.
(g) Florist, gift, and antique shops.
(h) Retail stores, including food.
(i) Convenience stores, with gasoline pumps.
(j) Service stations, with major repair under cover and all vehicles on site for repairs must
be screened from public view.
(k) Office buildings, including medical, dental & optical and emergency medical facilities.
(Amended 12/10/91)
(l) Theaters.
(m) Day nurseries or day care centers.
(n) Churches and other places of worship.
(o) Hardware stores.
(p) Farmers’ Markets. (Adopted 12/10/91)
(q) Exercise Studio (Adopted 07/12/16)
3.2.

Conditional Uses

The following uses shall be permitted only by conditional use permit, provided that no separate
application shall be required for any such use included in the original PMU rezoning petition:
(a) Funeral homes.
(b) Retail nurseries and greenhouses.
(c) Hotels, motels, resort and conference centers.
(d) Multi-family units over/in conjunction with Commercial Retail/Office Uses. (Adopted
12/10/91)
(e) Veterinarian Hospital (including wildlife (Adopted 12/10/91
(f) Motor Vehicle Repair/Service Facility – Minor (Adopted 03/13/18)
(g) Solar Photovoltaic Project
(f)

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SECTION 4 – Permitted Uses – Shopping Center
Within areas approved for shopping center on the master plan, uses permitted shall be as follows:
4.1.

By Right

Uses permitted by right in Division 4, Planned Shopping Center District, PSC.
4.2.

Conditional Uses

The following uses shall be permitted only by Conditional Use Permit, provided that no separate
application shall be required for any such use included in the original PMU rezoning petition:
Uses permitted by conditional use in Division 4, Planned Shopping Center District, PSC.
SECTION 5 – Permitted Uses – Industrial
In approval of areas as industrial on the master plan, uses permitted shall be as follows:
5.1.

By Right

Uses permitted by right in Division 5, Planned Industrial Park, Section 2.1, uses permitted by right,
Category I.
5.2.

Conditional Uses

Minimum Area Required for Establishment of District

The minimum area required for the establishment of a PMU district shall be seventy-five (75) acres.
Additional area may be added to an established PMU district if it adjoins and forms a logical
addition to the approved development. The procedure for an addition shall be the same as if an
original application was filed and all requirements shall apply except the minimum acreage
requirement above.
SECTION 7
7.1.

Regulations Governing Residential Areas

Residential Density

The gross and net residential densities permitted in any PMU district shall be shown on the
approved master plan and therefore, shall be binding upon its approval.

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The overall gross density so approved shall be determined by the Board of Supervisors with
reference to the Comprehensive Plan, but shall, in no event, exceed fifteen dwelling units per
acre.
7.2.

Minimum Area Requirements for Open Space

Not less than fifty (50) percent of the residential area of any PMU shall be in open space.
(Amended 12/10/91)
7.3.

Recreational Requirements

Recreation areas shall be provided in all developments totaling more than 30 units in proportion
to the rate of development at the rate of 500 square feet of developed recreation areas per unit
for the first 200 units and all thereafter at a rate of 250 square feet of developed recreation area
per each additional unit.
7.4.

Height Regulations

Unless otherwise provided at the time of establishment of a PMU district, structures may be erected
to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in
height shall be set back from any street right-of-way or residential or agricultural district; in addition
to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of
height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or
communication towers or their accessory facilities are excluded from the height limitation
contained herein; provided that the setback of thirty-five (35) feet shall apply. Parapet walls are
permitted up to four (4) feet above the limited height of the structure on which the walls rest; the
setback requirement herein shall apply to Parapet walls.
7.5.

Building Separation

Whether or not located on the same parcel, there shall be a minimum of thirty (30) feet between
main structures. This provision shall not apply to structures built to a common wall.
7.6.

Setback and Yard Requirements

Structures to be located on the other perimeter of a PMU district shall conform to the setback and
yard regulations of the adjoining district.
Within the PMU district there shall be no minimum lot size, no minimum setback lines, no maximum
percentage of lot coverage, no minimum width and no frontage requirement on a public street
except as shown on the approved final site plan. Building restriction lines shall be shown on the
final site plan.
7.7.

Townhouse and Garden Apartments

(a) Not more than eight (8) townhouse units shall be continuously connected. Not more than
three (3) abutting townhouses may have the same or essentially the same architectural
facades and treatment of facing materials. Variations may be achieved by material textures
or sculptural effects. In addition, a variation in setbacks of not less than two (2) feet for each
three (3) units shall be required.

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(b) Not more than 24 dwelling units shall be contained in a single apartment building. A separate
entrance to a public street shall be provided for each thirty (30) dwelling units. Not more than
two (2) adjacent garden apartment buildings shall have the same or essentially the same
architectural facades and treatment of facing materials. Variations may be achieved by
material textures or sculptural effects.
SECTION 8 – Regulations Governing Commercial/Service Areas
1.

Intent, Generally

Commercial/service areas are intended to be of a scale, character and location appropriate to
provide convenience services primarily for the residents of the PMU district. To this end, where
practical, commercial/service areas shall be internally oriented and separated from dissimilar
areas surrounding the PMU district. External vehicular traffic shall be discouraged and internal
pedestrian access shall be encouraged. Total commercial/service area shall be based on the
number of dwelling units served. Individual establishments shall be limited in size to avoid the
impression of general commercial development.
2.

The total gross floor area of uses permitted in commercial/service areas shall not exceed
twenty (20) square feet per dwelling unit approved on the master plan. Outdoor display
service or sales areas shall be included in gross floor area calculations. For gasoline service
stations and convenience stores, each fuel pump shall count as two hundred (200) square
feet of gross floor area and all service bays shall be included in gross floor calculations. No
individual commercial establishment shall have a gross floor area in excess of five
thousand (5,000) square feet.

Building permits for commercial/service uses shall not be issued prior to issuance of building
permits for forty (40) percent of the dwelling units approved on the master plan.

SECTION 9 – Regulations Governing Shopping Center Areas
1.

Intent, Generally

Shopping center areas shall be permitted only upon a finding that:
(a) The scale of the PMU development is adequate to support such use;
(b) The area in which the PMU development is located is not adequately served by such
use. More specifically, no shopping center area shall be permitted which does not
satisfy the requirements of Division 4.
2.

Shopping center areas shall comply with the requirements of Division 4, Planned Shopping
Center districts, provided that any requirement of Division 4 shall be subject to
modification, variation or waiver as provided in Division 1, Planned Unit Developments,
generally. For such areas as may be located on the perimeter of a PMU district, the
commission shall be particularly mindful of the intent to protect the character of adjoining
development.

Building permits for shopping center uses shall not be issued prior to issuance of building
permits for forty (40) percent of the dwelling units approved on the application plan.

Off-street Parking and Loading Requirements

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Off-street parking and loading shall be provided in accordance with Article XIII of this Ordinance.
5.

Sign Regulations

Sign regulations shall be as prescribed in Article XIV of this Ordinance.
SECTION 10 – Regulations Governing Industrial Area
1.

Intent, Generally

Industrial areas are intended to provide convenient employment for residents of the PMU district,
and where deemed appropriate, for residents of surrounding areas based upon the availability of
labor in such areas. To this end, acreage devoted to industrial use shall be proportional to the
population served. Additional acreage for industrial usage may be reserved for future
development to serve the overall industrial needs of Caroline County as recommended by the
comprehensive plan.
2.

Industrial areas shall comply with the requirements of Division 5, Planned Industrial Parks,
except as hereinafter expressly provided. Any requirement of Division 5 shall be subject to
modification, variation or waiver as provided in Division 1, Planned Unit Developments,
generally. For such areas as may be located on the perimeter of a PMU district, the
commission shall be particularly mindful of the intent to protect the character of adjoining
development.

Generally, industrial acreage shall not exceed one (1) acre per one hundred (100)
dwelling units within the PMU district, provided that the Board of Supervisors may increase
such acreage: (1) in order to provide for future industrial development; and/or (2) upon a
finding that the industrial uses proposed will provide employment to residents outside the
PMU development.

Building permits for industrial uses shall not be issued prior to issuance of forty (40) percent
of the dwelling units approved on the master plan.

Off-street Parking and Loading Requirements

Off-street parking and loading shall be provided in accordance with Article XIII of this ordinance.
6.

Sign Regulations

Sign regulations shall be as prescribed in Article XIV of this ordinance.

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DIVISION 4 - PLANNED SHOPPING CENTER DISTRICT (PSC)
(As amended through 12/09/2025)
SECTION 1 – Statement of Intent
PSC districts are hereby created and may hereafter be established by amendment to the zoning
map to permit the development of neighborhood, community, and regional shopping centers in
accordance with standards set forth in the comprehensive plan. PSC districts are intended to
serve areas not conveniently and adequately provided with a broad range of commercial and
service facilities. Regulations provided are intended to encourage planned commercial centers
with carefully organized buildings, service areas, parking areas, and landscaped areas.
SECTION 2 – Permitted Uses
1.

Structures to be erected or land to be used shall be for the following uses:
(a) Banks and financial institutions.
(b) Bowling alleys.
(c) Convenience and service establishments such as, but not limed to, barbershops,
beauty parlors, tailors, and automatic self-service laundries.
(d) Libraries.
(e) Painting, plastering, paperhanging, plumbing or electrical contractors, where business
is conducted entirely within a completely enclosed building and where there is no
storage of supplies or equipment outside the building.
(f) Pet shops, but excluding boarding kennels on the premises.
(g) Office buildings.
(h) Public utilities including poles, lines, distribution transformers, pipes, meters and other
facilities necessary for the provision and maintenance of public utilities, including water
and sewage facilities, shall be placed underground in accordance with Article XXII,
Underground utility services.
(i) Repair services or businesses, including repair of bicycles, guns, radios, television sets,
electrical appliances, locks, refrigerators, other home appliances, shoes, toys,
typewriters, watches and clocks.
(j) Restaurants.
(k) Retail stores and business.
(l) Storage of materials and supplies incidental to the conduct of any use listed above,
provided such storage is entirely enclosed (with the exception of growing plants).
(m) Theatres, motion picture theatres and assembly halls, but excluding drive-in theatres.
(n) Wholesale businesses.

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(o) Off-street parking in accordance with Article XIII.
(p) Signs in accordance with Article XIV.
(q) Public Facilities. (Adopted 3/13/07)
(r) Indoor Commercial Recreational Facilities. (Adopted 3/13/07)
SECTION 2.1

Special Exception Uses

(a) Automated Vehicle Wash (adopted 09/10/2024)
(b) Solar Photovoltaic Project.
(b)(c)

Energy Storage Project, Accessory

SECTION 3 – Area Required for Creation of PSC District
(a) The minimum permitted size for any PSC District shall be five (5) contiguous acres.
Additional land may be added to an existing PSC District if it is adjacent, except for
public roads, thereto, and forms a logical addition to the existing PSC District and is
under the same ownership or control.
(b) The procedure for an addition shall be the same as if an original application was filed.
SECTION 4 – Site Planning – External Relationships
Vehicular access points shall be designed to encourage smooth traffic flow with controlled turning
movements and minimum hazards to vehicular and pedestrian traffic. Pavement widths and
strengths of both internal and external roads shall be adequate to accommodate projected
traffic generated from the district. The following standards shall be employed in the analysis of
adequacy of existing roads or as determined by VDOT:
Neighborhood Center
Community Center
Regional Center

VEHICLE TRIPS PER DAY
1,300 to 3,900 VTPD
4,300 to 12,000 VTPD
12,000 plus VTPD

Primary access shall be provided from roads of adequate available capacity to accommodate
projected traffic. Vehicular access from a minor street through residential neighborhoods shall be
generally discouraged and, where permitted, shall be primarily for the convenience of residential
areas served directly by such roads and not for general public access.
SECTION 5 – Orientation
Use structures and parking areas shall be oriented toward primary access points and away from
adjoining residential districts.
SECTION 6 – Site Planning – Internal Relationships

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Buildings shall be arranged in a fashion to encourage pedestrian access of customers and
minimize internal automotive movement. Facilities and access routes for deliveries, service, and
maintenance shall be separated, where practical, from customer access routes and parking
areas.
SECTION 7 – Floor Area Ratio
(Adopted 09/13/11)
Development in Planned Shopping Centers shall maintain a minimum floor area ratio of 0.4
per acre or portion thereof within the entire district.

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DIVISION 5

PLANNED INDUSTRIAL PARK, (PIP)

SECTION 1 – Intent
Planned Industrial Park districts are intended to be establishing areas in conformity with the
comprehensive plan having all of the following characteristics:
1. Areas served by public water and sewer facilities, or if such facilities are reasonably
available;
2. Areas served by major highways, rail or air service, or secondary road improved to
standards approved by VDOT;
3. Areas having clearly demonstrated suitability for intended uses with regard to physical
characteristics and relationship to surrounding development.
In the establishment of any PIP district, the Board of Supervisors shall designate the category of
uses which shall be permitted in each parcel, or part thereof, which is the subject of the
application for such amendment.
SECTION 2 – Permitted Uses
2.1.

By Right – Category I

The following uses shall be permitted in any portion of any PIP district which is designated for
Category I uses, subject to the requirements and limitations of these regulations:
1. Compounding of drugs, including biological products, medical and chemical as well
as pharmaceutical.
2. Fire and rescue squad stations.
3. Manufacture, processing, fabrication, assembly, distribution of products such as, but
not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.

Artists’ supplies and equipment.
Business office machines and equipment.
Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
Drafting supplies and equipment.
Electrical lighting and wiring equipment.
Electrical and electronic equipment and components.
Food products, such as bakery goods, dairy products, candy, beverages,
including bottling plants.
Gifts, novelties including pottery, figurines, and similar ceramic products.
Glass products made of purchased glass.
Jewelry, silverware.
Light machinery and machine parts, including electrical household appliance,
but not including such things as clothes washers, fryers and refrigerators.
Musical instruments.
Paper products such as die-cut, paperboard and cardboard, sanitary paper
products, bags and containers.
Surgical, medical and dental instruments and supplies.

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o. Toys, sporting and athletic equipment, except firearms, ammunition or
fireworks.
p. Watches, clocks and similar timing devices.
q. Wood cabinets and furniture, upholstery.
4. Preparation of printing plates including typesetting, etching and engraving.
5. Publishing, printing, lithography, and engraving.
6. Research and development activities including experimental testing.
7. Contractor’s office and equipment storage yard.
8. Engineering, engineering design, assembly and fabrication of machinery and
components, including such on-site accessory uses as machining, babbitting, welding
and sheet metal work employing machinery not exceeding fifteen (15) horsepower
per unit and excluding such uses as drop hammering and foundry.
9. Electric, gas, oil and communication facilities excluding multi-legged tower structures
and including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility.
10. Public uses and buildings such as schools, offices, parks, and playgrounds.
11. Day care and day nursery facilities.
12. Business and professional office buildings.
13. Data Center – subject to the standards contained in Article XI, Division 7, Planned
Innovation, Research, and Technology Park (Adopted 11/16/2023)
2.2.

By Right – Category II
1. Automotive, farm and construction machinery products assembly.
2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry-cleaning plants.
5. Fire and rescue squad stations.
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Metal fabrication and welding operations.

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11. Mobile home manufacturing, distribution.
12. Moving businesses, including storage facilities.
13. Petroleum, gasoline, natural gas and manufactured gas bulk storage.
14. Recreational vehicle and components manufacturing, distribution.
15. Sawmills, planning mills, wood preserving operations, wood yards.
16. Warehouse facilities.
17. Wholesale businesses.
18. Electric, gas, oil and communication facilities, excluding multi-legged tower structures
and including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility.
2.3.

Conditional Uses – Category I
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport.
3. Assembly or modular building units.
4. Moving businesses, including storage facilities.
5. Warehouse facilities.
6. Truck terminal.
7. Solar Photovoltaic Project
6.8. Energy Storage Project, Accessory

2.4.

Conditional Uses - Category II
1. Airports, helistop or heliport.
2. Asphalt mixing plants.
3. Cement, lime gypsum manufacture or processing.
4. Chemical, plastics manufacture or processing.
5. Fertilizer manufacture or processing.
6. Food processing.

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7. Junkyards, screened.
8. Pulp, paper manufacture or processing.
9. Solar Photovoltaic Project.
8.10.

Energy Storage Project, Accessory

SECTION 3 – Minimum Area Required for Creation of District
Minimum area required for creation of a PIP district shall be fifty (50) acres; provided, however,
that when an initial PIP district has been created, incremental additions to such district shall be
permitted is such incremental addition adjoins and forms a logical addition to the existing district.
SECTION 4 – Off-street Parking and Loading Requirements
Off-street parking and loading shall be provided in accordance with Article XIII of this Ordinance.
SECTION 5 – Sign Regulations
Sign regulations shall be as prescribed in Article XIV of this Ordinance.
SECTION 6 – Additional Requirements
In addition to the requirements contained herein, the requirement of Division I shall apply to all PIP
districts. In addition, a transportation analysis plan shall be submitted with the application for PIP
district designation. Such plan shall show: projected automobile and truck traffic generation;
percent of truck traffic by type; internal and access point turning movements; general alignments
of internal roads; rights-of-way widths and roadway typical sections including base strength
design; proposed improvement to the existing transposition network; percentage estimate of
traffic distribution to and from the site and external roads. The phasing of improvements
enumerated in this section shall be indicated on the plan.
1

That all sections of the Caroline County Zoning Ordinance or parts of the ordinance
inconsistent with and/or in conflict with this ordinance are hereby repealed.

That the provisions of this ordinance shall be in force at 12:01, March 1, 1989.

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DIVISION 7 - PLANNED INNOVATION, RESEARCH AND TECHNOLOGY PARK (PIRT)
(Adopted 10/10/2023)
Section 1 – Purpose and Intent
The purpose and intent of the Planned Innovation, Research and Technology (PIRT) District is to
provide a controlled and protected environment for the orderly growth and development of
research and technology businesses and industries within a campus-like setting. This district may
also allow, as special uses, other selected activities and facilities which provide support services
or complement permitted uses. To these ends, certain uses, which would function more effectively
in other districts or would interfere with the preferred permitted uses and the purpose of this district,
are excluded.
Adequate public utilities (water, sewer, and electric) must be available to the property, or
provisions made by the developer to extend utilities to the site in a manner and timeframe
acceptable to the Board of Supervisors. Properties shall be located in proximity to public utilities
to minimize unintended growth consequences of utility extensions. Properties should be served by
a road network of adequate capacity to serve the proposed uses.
Section 2 - Permitted Principal Uses
A. Data Centers
B. Research and Development Facilities
C. Technology Facilities excluding manufacturing, recycling or storage of batteries.
Monitored batteries for backup power for a Data Center are permitted.
D. Public Safety Building
E. Public Electric Utility Offices and/or Distribution and Transmission Facilities
F.

Public Water and Sewer Utilities

G. Education Facilities
H. Offices for software services, engineering, architectural or urban planning
I.

Offices serving educational, governmental, scientific, research and development,
manufacturing, and professional organizations.

Restaurants, cafeteria facilities and child care facilities for employees provided such use is
located within a permitted principal building/use

Section 3 – Special Uses
The following uses may be permitted, upon review and approval by the Board of Supervisors in
accordance with Article XVII Section 13, and Article XV Section 14 as applicable, unless such use
is identified in the application/GDP and approved by the Board with the zoning amendment.
A. Laboratories – research and testing (Outdoor)

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B. Public Electric Utilities (Generation)
C. Trade, Technical or Vocational Schools, Outdoor
D. Manufacture of scientific, precision, and research instruments
E. Solar Photovoltaic Project
D.F.Energy Storage Facility, Accessory
Section 4 - Accessory Uses and Structures
Uses and structures which are customarily accessory and clearly incidental and subordinate to
the permitted principal uses and structures, including:
A. Signs in accordance with Article XV Section 15 and this Article.
B. Off-street parking in accordance with Article XIII.
C. Storage of materials to be used in on-site production and/or of products made on-site,
provided such materials or products are located in a fully enclosed building.
D. Back-up energy and/or fuel storage facilities for individual buildings. This includes liquefied
fuel limited in quantities to allow not more than 120 hours of operation for each building.
Campus-wide, centralized fuel storage or centralized back-up energy systems are not
permitted. Idle data center batteries must be in a separate building.
E. Communication, broadband, fiber optic utilities.
F.

Guard structures.

G. Rooftop solar energy structures.
H. Restaurants, cafeteria facilities and child care facilities for employees provided such use
is located within a permitted principal building/use.
I.

Electrical sub-stations (Data Centers)

J.I. On-site ancillary utility facilities (Data Centers)
K.J. Packaging of goods and materials prepared on-site
L.K. Laboratories – research and testing (indoor).
M.L.
Restaurants, cafeteria facilities and child care facilities for employees provided
such use is located within a permitted principal building/use
N.M.

Other accessory uses approved by the Board of Supervisors

Section 5 - Additional Submission Requirements

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In addition to the Submission Requirements of Article XI, Section 2, the following requirements shall
be satisfied with the filing of an application for rezoning:
A. Documentation evidencing control over the properties for the intended use. Sensitive
financial or confidential information may be redacted.
B. A general development plan (GDP) and supporting documentation demonstrating that
the project meets the development standards set forth in Section 8. Additionally, the plan
shall indicate the following:
1.

2.
3.
4.
5.
6.

The approximate location and dimension of existing and proposed structures,
fencing, property lines, ancillary equipment, transmission and distribution lines and
electrical substations, vegetation, waterways and streams, buffer areas,
boundaries and acreage of the development area.
Any occupied dwellings, schools, or places of worship within 300 feet of the
property line.
Proposed parking areas and access.
Proposed location of proposed utilities and easements.
A conceptual landscape and buffering plan that demonstrates that the
application meets the buffering requirements of section 8.B.
Demonstration through project siting and proposed mitigation, if necessary, that
the development mitigates visual impacts and promotes harmonious
development to adjacent properties, designated scenic roads or rivers, or historic
property designated in the Virginia or National Register of Historic Places.
Notwithstanding the approved GDP, the final site plan may be modified to meet
federal, state or local regulations, and site or environment constraints
provided such modifications do not materially change the approved zoning.

C. Where phasing is proposed identify areas of future phases on the GDP.
D. Evidence from the electrical utility provider indicating the ability to provide service for the
development. If utility upgrades are necessary, indication of the timing of improvements
to accommodate the development shall be provided.
E. Evidence that adequate public water and sewer are available to the site. If utility
upgrades are necessary, indication of the timing of improvements to accommodate the
development shall be provided.
F.

Architectural elevations of proposed buildings demonstrating compliance with the
requirements of Section 7.

Section 6 - Setbacks
A. The minimum building setback from all exterior property lines and public rights of way shall
be one-hundred (100) feet, except that one (1) additional foot of setback shall be
provided for each increase in building height of one (1) foot in excess of sixty-five (65).
B. A minimum front setback of fifty (50) feet is required along all internal roads, except that
no additional setback shall be required for any increase in height above fifty (50) feet.

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C. A minimum setback of twenty-five (25) feet is required between internal side and rear lot
lines.
D. Driveways, parking areas, and covered entrances may encroach to within five (5) feet to
any internal side or rear lot line.
E. Covered walkways connecting buildings, or connecting buildings to parking lots, are
exempt from internal side or rear setbacks.
F.

No structure shall be located, no encroachment permitted or modification granted in
violation of the Virginia Uniform Statewide Building Code or Virginia Fire Prevention Code.
Connecting buildings to parking areas is permitted within internal setbacks.

G. In addition to the RPA and RMA areas a 200-foot setback is required along all rivers.
Section 7 - Architectural Standards
Architectural and design standards are intended to ensure a base level of architectural quality
that positively contributes to the community.
A. Principal building facades include all building facades substantially visible to abutting
residentially zoned or planned properties, places of worship, schools or public roads.
Buildings with two or more principal facades shall be consistent in design, materials, details,
and treatments. Principal building facades shall meet the following standards:
1. Principal building facades and accents thereto shall include at least three (3) of
the following design elements:
a.
b.
c.
d.
e.
f.
g.

Change in building height.
Building step-backs, projections or recesses.
Fenestration.
Changes in building material, pattern, texture, color.
Use of accent materials.
Overhangs, canopies or porticos
Variations in the roof line.

2. Building Materials
a. Building facades should contribute to the long-term viability of buildings and
the community.
b. Primary building facades should use neutral colors with accent colors to
complement the dominant building color.
c. Principal building facades should incorporate two or more of the following
materials: brick, concrete (both precast and cast-in-place), tinted textured
masonry block, pre-cast concrete, tilt-up concrete panels with brick finish or
stone facing, glass stucco and external insulation finish system that simulates a
stucco appearance, fiber-cement siding, metal panel systems, structural metal

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siding, wood siding and smooth faced concrete blocks. At least 50% of the
principal facade shall consist of these materials, and a minimum of 25% of the
other elevations.
d. Building facades setback from internal property lines, shall require twenty-five
(25) percent of the design elements.
e. This section shall not apply to electric substations, distribution or transmission
facilities.
f.

Notwithstanding anything to the contrary herein, the Board may approve
alternative building facades, and features, and building facade materials,
provided such modification is consistent with the requirements of paragraph
7.A.1 and 7.A.2.

Section 8 - Development Standards
Development shall comply with the following standards to mitigate visual impacts to abutting
properties and to promote an attractive and environmentally sensitive development:
A. Site Design
1. The preservation of trees and natural areas shall be maximized through the submission
of an open space preservation plan, which shall demonstrate that a minimum of
twenty percent (20%) of the site shall be preserved in natural open space. The
preservation plan shall be submitted with the first site plan and updated with each
subsequent site plan submission.
2. Impervious areas shall be minimized through enhanced landscaping and
incorporation of low-impact design. Elements of low-impact design that may be
incorporated include but are not limited to:
a. Engineered systems that filter storm water from parking lots and impervious
surfaces, such as bio-retention cells, filter strips, and tree box filters;
b. Engineered systems that retain or store storm water and slowly infiltrate water back
into the ground, such as sub-surface collection facilities under parking lots, bioretention cells, and infiltration trenches;
c. Infrastructure modifications to reduce the amount of impervious surfaces such as
curbless, gutterless, and reduced width streets and parking areas;
d. Low-tech vegetated areas that filter, direct, and retain storm water such as rain
gardens and bio-swales;
e. Innovative materials that help break up impervious surfaces such as porous
concrete, permeable pavers;
f. Water collection systems such as subsurface collection facilities, cisterns, or rain
barrels; and
g. Native vegetation or site-appropriate to promote storm water infiltration.
3. Minimize disturbance of wildlife habitats and provide wildlife corridors to facilitate
movement as appropriate. A natural heritage and wildlife management study,
consistent with the Virginia Division of Wildlife Resources Guidance shall be provided
that identifies any threatened or endangered species and wildlife travel patterns,

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together with any necessary mitigation measures to ensure compatibility of the
project.
B. Buffer Yards
Buffer yards shall be provided to visually screen development from abutting residentially
zoned or occupied properties, public roads, schools and places of worship subject to the
following standards:
1. Within the required setback, a undisturbed buffer shall be provided of 40 feet in width
to all exterior boundaries of the project. Any combination of landscaping, fencing,
berms, natural areas, including Resource Protection Areas (RPA) or increased setbacks
may be used to satisfy this requirement.
2. The following uses are permitted within the buffer, provided such uses mitigate visual
impacts from the development:
a. Access roads that are perpendicular to the buffer and in accordance with subsection I.
b. Landscaping in accordance with sub-section C and Article XI, Division 1,-Section 4.
c. Lighting in accordance with sub-section J.
d. Fencing in accordance with sub-section D.
e. A single monument sign for each approved entrance in accordance with subsection F.
f. Utility lines provided such lines cross at an angle or are perpendicular to the buffer.
g. Pedestrian and bicycle facilities.
3. Buffer yards shall be clearly identified on the overall site plan, landscape plan, or on
any individual site plan where the required buffer yard is a component of a lot created
by subdivision, for which a GDP or site plan is submitted.
C. Landscaping
Within the buffer landscaping, landscaped berms, natural areas or any combination
thereof, shall be provided which achieves a minimum height of eight (8) feet within three
years of planting to mitigate the visual impacts of the development as follows:
1. A landscape plan, prepared by a Landscape Design Professional, shall be submitted
to the Planning Department for review and approval with the site plan. Such plan shall
provide for the installation and maintenance of plantings, natural areas and other
vegetated areas, and which ensures the long-term viability of the buffer area.
2. Landscape plans shall incorporate native vegetation and pollinator species to the
extent practical. If non-native species are necessary, such plantings shall not exceed
twenty-five (25) percent of new plantings and shall promote the low-impact design
standards of subsection A.2.
3. The inclusion of natural areas is encouraged, provided the existing vegetation is
adequate or can be supplemented with additional plantings to meet the screening

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requirement. Vegetation retained for this purpose shall be listed and shown on the site
plan.
4. Where berms are utilized, the maximum slope shall not exceed 2:1.
5. Landscaping shall be installed during the first available planting season following
issuance of a land disturbance permit to ensure viability of the plantings, as
determined by a Landscape Design Professional.
6. A Landscape Design Professional shall inspect the buffer area at a frequency identified
in the maintenance plan until vegetation reaches maturity or site conditions warrant
to ensure the plant materials remain healthy, and to maintain the integrity of the buffer
shown on the landscaping plan. Thereafter, such inspections shall occur every five (5)
years. Dead, diseased, or dying vegetation shall be replaced in accordance with the
maintenance plan. A cash bond equal to fifty percent of the landscaping estimate
must be posted prior to issuance of site plan approval. The bond shall not be released
for at least two (2) years after the landscaping is planted.
D.

Fencing
Fencing for security and screening is permitted subject to the following standards:
1. The maximum height is limited to twelve (12) feet, or as otherwise required by the
National Electric Code.
2. Barbed wire, Razor wire or similar visibly intrusive deterrence materials are prohibited
along the district boundary, or internal yards.
3. Fencing along public roads, schools, places of worship or residentially zoned properties
shall be dark tubular steel or aluminum.
4. Breaks in fencing to facilitate wildlife movement corridors shall be provided where
necessary to satisfy the provisions of paragraph A.3.
5. Fencing shall be located to the rear of required buffer areas.
6. Fencing shall be maintained in good repair for its intended purpose.
7. Fencing shall comply with all building, fire and access code requirements.
8. The Board of Supervisors may waive or modify standards 1 and 2 for electric
substations, provided such facilities are identified on the GDP and located in a
manner determined by the Board not to adversely impact abutting public roads,
residentially zoned or planned properties, places of worship or schools.

Construction Footprint
A construction footprint which identifies the limits of disturbance shall be clearly identified
on the site plan. No more than fifty (50) percent of the construction footprint shall be
disturbed at any time, without permanent vegetation established. County staff may limit
the amount of disturbed acreage due to site characteristics.
1. The construction footprint shall not include any land designated as a Resource
Protection Area (RPA), except as permitted in accordance with Article XV Section 24
of the ordinance. Any encroachment into the RMA shall require the submission of a
Water Quality Impact Assessment and propose additional mitigation with plantings or
methods that enhance water quality greater than or equal with preconstruction
water quality.

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2. Slopes equal to or greater than fifteen (15) percent or slopes defined as critical slopes
by the Virginia Erosion and Sediment Control handbook within a Resource
Management (RMA) are to be avoided to the extent practical to ensure compliance
with Article XV Section 24
Signage
1. All freestanding signs shall be monument style and not exceed eight (8) feet in height
and thirty-two (32) square feet of sign area. All other signs shall conform to the
requirements of Article XIV. A uniform signage plan for the development shall be
submitted and approved with the first site plan.

H. Height
1. A maximum building height of 65-feet with a bonus of (1) additional foot for every (1)
additional foot of setback up to 95-feet. The height limitations contained under this
division shall not apply to: spires, belfries, cupolas, parapets, antennas, communication
towers, water towers, ventilators, chimneys, or other appurtenances usually required to
be placed above the roof level and not intended for human occupancy.
2. See Section L.1
I.

Access
1. Vehicle access to any lot/building site within the park shall be from an internal road, or
the extension and upgrade of an existing terminating road, designed and constructed
to VDOT standards.
2. One entrance shall be permitted to an existing state road for every 1,320 ft. of road
frontage on an exterior public road, up to a maximum of three entrances.
3. Site access shall promote a visually attractive entrance from public roads.

Lighting
1. All lighting shall be source shielded, downcast and oriented internally to prohibit glare
onto abutting properties. Exterior lighting shall be arranged and installed so that direct
or reflective illumination does not exceed 0.5-foot candles above background levels.
2. Parking lot, access and security light structures shall not exceed a height of twenty (20)
feet.
3. Pedestrian and walkway lighting structures shall not exceed a height of twelve (12)
feet.
4. Security lighting shall be the minimum necessary for security of the site. Motion sensitive
lighting shall be utilized to the extent practical.
5. Temporary lighting and lighting provided for emergency or safety purposes as required
by the Uniform Statewide Building Code is exempt from these requirements.

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K. Utilities
1. New and/or relocated on-site electrical lines less than 34.5 kV shall be installed
underground.
2. New electrical substations shall be located at least 600 feet from any existing residential
structure, place of worship, school or public road designated as a Highway Corridor
Overlay at the time of rezoning approval to the PIRT District.
L.

Noise
1. Noise levels at any exterior property line shall not exceed 60 decibels between the
hours of 6:00 AM and 10:00 PM and 55 decibels between 10:00 PM and 6:00 AM. The
applicant may request an increase of up to ten (10) decibels provided evidence,
including but not limited to noise studies, site conditions, neighborhood characteristics,
proximity to occupied dwellings, noise mitigation techniques and other supporting
factors as provided by the applicant, indicates that the increased decibel level does
not adversely affect adjacent properties. If such request is granted, the Board of
Supervisors shall find that the evidence supports the request and granting such
increase does not adversely affect the public health, safety and general welfare of
persons residing in the area.
2. During construction, noise shall be minimized using accepted industry practices for soft
noise warning alarms.
3. Any generator within one-thousand (1000) feet of any existing residential structure,
place of worship, or school shall be enclosed and muffled for the purpose of mitigating
sound.
4. The following uses and activities shall be exempt from noise level regulation:
a. Noises resulting from emergency work as defined in §68-2A of the County Code.
b. Noises resulting from the operation of an emergency generator for maintenance
and testing or during a power outage.
c. Noises caused by, or arising out of, activities related to repair, maintenance,
replacement or alteration of public utility systems or parts thereof, or streets and
highways or parts thereof, and appurtenances thereto, where such activity is
reasonably necessary to further a public safety interest and/or to minimize
disruption in the provision of public services.
d. Noises resulting from construction as defined in §68.2A of the County Code
conducted between the hours of 6:00 A.M. and 10:00 P.M.
5. In the event of any conflict between this Division 7 and Chapter 68 of the Code of
Caroline, the provisions of this Division 7 shall control.

M. Screening of Equipment

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1. Rooftop accessory equipment shall be screened by a visually solid fence, screen wall
or panel, parapet wall, penthouse or other visually solid screen constructed of
materials compatible with those used in the exterior construction of the principal
building from public roads, places of worship, schools, and abutting residentially
zoned or occupied properties.
2. Ground level accessory equipment shall be screened by landscaping and/or a
visually solid fence, screen wall or other visually solid screen constructed of materials
compatible with those used in the exterior construction of the principal building from
public roads, places of worship, schools, and abutting residentially zoned or occupied
properties.
3. Accessory equipment screened by a principal building or existing vegetation located
in a manner determined by the Director to have no visual impact on abutting public
roads, places of worship, schools or occupied residentially zoned or occupied
properties, shall not be required to be screened.
4. This section shall not apply to electric substations, transmission and distribution facilities,
water or sewer lines or appurtenances thereto.
N. Emergency Services Training
The Caroline County Department of Fire and Rescue shall be provided emergency
response training by the owner or its assigns prior to commencement of commercial
operation.

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ARTICLE XV - SUPPLEMENTAL REGULATIONS

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SECTION 4 – Accessory Building and Uses
(Amended 11/10/2022)
The following regulations shall apply to accessory uses and structures:
1. An accessory use or structure shall be located on the same parcel as the principle use or
structure.
2. An accessory use or structure shall not be established until the principle use or structure is
established.
3. An accessory use or structure is permitted in a rear yard of a single family dwelling in a
Residential or Rural Residential District subject to the following:
(a) Accessory structures may occupy, in total, not more than 30 percent of the required
minimum rear yard for the district or an area equal to the area of the single-family dwelling,
whichever is less. Structures at or below grade and above-ground swimming pools shall
be excluded from the lot coverage calculations.
(b) Accessory structures shall not exceed the height of the principle structure.
(c) Accessory structures must be located at least 10 feet from the nearest principle use or
structure and at least 6 feet from any other detached structure.
(d) Accessory structures shall be located at least 40 feet from all street lines, at least 5 feet
from all other lot lines unless otherwise provided by this chapter. Accessory structures shall
not be located within any county easement, except that such structures may be located
within a 100-year floodplain provided the structures comply with the provisions of Article
XV, Section 6: Special Provisions to Flood Hazard Zones.
(e) Accessory structures located on double frontage lots must meet the front yard setback at
the rear of the principal structure.
(f) Accessory uses other than structures may occupy all or part of the rear yard or side yard.
4. Accessory Solar Facilities must be in compliance with (i) the height and setback requirements
for the applicable zoning district in which they are located, and (ii) any historic, architectural
preservation, and corridor protection districts adopted pursuant to Virginia Code § 15.2-2306,
as amended, where such property is located.

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Section 23

SOLAR and ENERGY STORAGE FACILITIES OVERLAY DISTRICT
(Adopted 05/25/2021)

ALL SECTIONS REPEALED NOVEMBER 10, 2022 EXCEPT:
23.9
23.10
23.11
I.

Design and Development Standards
Decommissioning
Site Plan Required
SOLAR ENERGY FACILITIES

23.1
Purpose and Intent
The purpose and intent of the Solar Energy Regulationsis to promote the public health, safety and general
welfare of County citizens and businesses by encouraging the development and use of solar energy as a
source of electricity and facilitate the construction, installation, and operation of commercial solar energy in
Caroline County in a manner that promotes economic development while mitigating adverse impacts to
agricultural and forested lands, endangered species habitats, conservation lands, scenic views, cultural
resources and other environmentally sensitive lands. These regulations provide land use standards for the
underlying zoning district, with safeguards to ensure the proper development of facilities that generate
electricity by means of solar power.
23.2
Boundaries
The SE District shall apply to all properties in the Agricultural Preservation (AP) zoning district situated in whole
or in part within one (1) mile on either side of the centerline of those electric transmission/distribution line
rights-of-way of sixty-nine (69) KVA or less, and two (2) miles on either side of the centerline of those electric
transmission/distribution line rights-of-way of greater than sixty-nine (69) KVA, as identified and designated on
the SEO District Map dated October 16, 2020, which is hereby adopted by reference and included as part
of this section. A site specific determination shall be submitted with any application.
23.3

Regulations: All Ground Mounted Solar Facilities shall meet the following district regulations:
1.

The aggregate Rated Nameplate Capacity of all permitted and approved major solar energy
projects shall not exceed six hundred (600) MW AC;

23.6
General Solar Energy Facility Special Exception Standards
In addition to the standards contained in Article XVII, Section 13.D, all applications shall demonstrate
compliance with the following standards for a solar energy facility in accordance with a 2232 review:
1.

The subject properties shall be served by an existing electrical transmission/distribution line, so as
not to require an extension to connect to the receiving line;

The project shall not be located on property within one-half mile of the boundary of a
designated growth area as identified in the Caroline County Comprehensive Plan;

The project shall comply with all applicable federal and state regulations;

The project shall not be located on property with conservation or open space easement(s) as
recorded in the Land Records of Caroline County;

The project shall not be located within the Resource Sensitive Overlay District as designated in
the Comprehensive Plan;

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Decommissioning shall be completed in accordance with the requirements of Section 23.10,
and the approved decommissioning plan.

The Board of Supervisors may modify these standards upon application for an approval of a Special
Exception/Use Permit specific to the standard for which a modification is requested, upon a finding by
the Board that the applicant has demonstrated that the proposed modification reasonably protects and
promotes the public health, safety, and welfare with respect to the application.
Section 23.7

Setbacks
1.

New substations or connector station shall be setback at least five-hundred (500) feet, and
inverters and transformers located at least two-hundred fifty (250) feet, from existing
dwellings, schools, churches, and public rights-of-way.

The Board of Supervisors may modify the setbacks as it deems necessary to ensure adequate buffer
yards and screening to mitigate the visibility of the Major Solar Energy project from the exterior of the
property to occupied residential properties, public facilities, places of worship and public rights of
way and site conditions specific to the project.
Section 23.8

Additional Submission Requirements

In addition to the Submission Requirements of Article XVII, Section 13.F, the following additional requirements
shall be satisfied with the filing of an application for a special exception permit:
1. Documentation evidencing control over the properties for the intended use, including
decommissioning. Sensitive financial or confidential information may be redacted.
2.

A narrative describing the proposed solar energy facility, and how it meets the purposes and intent
of the regulations.

The intended end user(s) of the electricity generated by the project, if known during the application
process.

The general development plan (GDP) and supporting documentation shall demonstrates that the
project meets the design and development standards set forth in Section XV.23.9. Additionally, the
plan shall indicate the following:
(a) The approximate location and dimension of solar panels, inverters, existing and proposed
structures, fencing, property lines, ancillary equipment, transmission lines, vegetation, waterways
and streams, and the location of occupied residences within150-200 feet of the perimeter of
panels, buffer areas, boundaries and acreage of the development area.
(b) Any existing structures on the parcel(s) and occupied structures on adjacent properties that may
be affected by the placement of solar panels.
(c) Parking and access areas.
(d) Location of proposed access and utility easements.
(e) A general landscape and buffering plan that demonstrates that the application meets the
buffering requirements of section 23.9.
(f) Demonstration through project siting and proposed mitigation, if necessary, that the project
mitigates impacts on the visual character of adjacent properties, designated scenic roads or
rivers, or historic property as designated in the Comprehensive Plan, or the Virginia/National
Register of Historic Places.

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Notwithstanding the approved GDP, the final site plan may be modified to meet federal, state or local
regulations, site design, or engineering requirements provided such modifications do not materially
change the approved SPEX.
5. A statement signed by the applicant that the electrical utility provider or regional transmission
authority has been informed of the applicant’s intent to install an interconnected system.
6.

23.9

A description of the upgrades or improvements to the current electric grid required to support the
proposed solar energy facility and the status of the applicant’s application for interconnection to
the grid, if known at/during the application process;

Design and Development Standards

Major Solar Energy Projects shall comply with the following design and development standards:
1.

Buffer Area

Within the required setback, a minimum of buffer of 50 feet shall be provided on the perimeter of the
property.one-half of the setback shall provide a buffer area on all sides of the project, including areas
around any new substation or connector stations, to any adjacent occupied parcel and public rightsof-way. Any combination of landscaping, fencing, berms, or natural areas may be used to satisfy this
standard, which shall screen the project from view from the exterior of the property.
The following activities may be permitted within the buffer:
(a) Vehicular access drives which tie into approved access points to the public road system as
determined by VDOT and Caroline County.
(b) Landscaping and landscaping features.
(c) Security Lighting in accordance with Section 23.9.8
(d) Fencing in accordance with Section 23.9.3
(e) Signage in accordance with Section 23.9.5
(f) Utility lines, provided such lines cut through the buffer areas at an angle, as shown on the site
plan, to protect the view shed provided by the buffer.
(g) Erosion and sediment control/storm water management measures.
The Board of Supervisors may modify the buffer area as it deems necessary to ensure adequate
screening to comply with this standard. Landscaping/Screening
2.

Landscaping and Buffering

Within the buffer area, screening in the form of fencing, landscaping, landscaped berms, natural areas
or any combination thereof, shall be provided which achieves a minimum height to mitigate the visual
impacts from adjacent properties and public rights-of-way.
If landscaping is proposed and/or required to meet the visual screening requirements, plantings shall be
installed during the first available planting season following issuance of a land disturbance permit to
ensure viability of the plantings, as determined by a Landscape Design Professional.
Native vegetation and pollinator species shall be incorporated into landscape plans and natural areas
to the extent possible. The planting of non-native plant species is discouraged. If non-native species must
be utilized, such planting shall not constitute more than twenty-five (25) percent of all new plantings,
unless the Landscape Design Professional determines that additional non-native plantings are necessary
to meet the desired buffering standards. Invasive species controls shall be incorporated into all plans.
Natural areas may be used to meet the visual buffer requirements, provided a Landscape Design
Professional determines that the existing vegetation is adequate to meet the screening requirement.
Vegetation to be retained for this purpose shall be shown on the site plan.

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The Board may determine that further screening improvements can be reduced or are not required,
based upon supporting documentation provided by a landscape design professional
A landscape plan for the installation and maintenance of the plantings, natural areas and other
vegetated areas within the buffer, shall be provided, which shall ensure the long term viability of the
buffer area, which shall be approved by the County.
Prior to the issuance of a land disturbance permit, appropriate surety equal to fifty (50) percent of the
cost of installation of the landscaping shall be submitted, which shall be retained for three years after
the date of the Certificate of Occupancy, provided that if the annual inspection of the Landscape
Design Professional demonstrates compliance with the approved landscape plan, such surety may be
reduced to thirty (30) percent in year two and fifteen (15) percent in year three. Thereafter and upon
inspection and verification by a Landscape Design Professional that the vegetation in the buffer area is
healthy and meets the mitigation requirement, the surety shall be released. The buffer yard shall be
inspected by a Landscape Design Professional annually until vegetation shown on the landscaping plan
reaches maturity, or more frequently as specified by the maintenance plan or site conditions, to ensure
the plant materials remain healthy and as necessary to maintain the integrity of the buffer as shown on
the landscaping plan. Thereafter, such inspections shall occur every five (5) years. Any dead diseased,
or dying vegetation shall be replaced in accordance with the specifications of the maintenance plan.
3.

Fencing

Fencing shall not exceed a height of eight (8) feet, or as otherwise required by the National Electric
Code. The use of razor wire is prohibited. Where chain link or woven wire fencing is used, it shall be
screened from exterior view from occupied adjacent properties and public rights-of-way. Screening may
include plantings to mitigate the view of the fence. Breaks in fencing must be provided to facilitate
wildlife movement corridors where necessary to address findings and recommendations of the studies
pursuant to Section 23.11.12.
4.

Grading

Over-lot clearing and grading of the development zone shall be prohibited. The use of existing contours
shall be utilized to the extent practical. Where grading is necessary because of slopes or other
topographic features, slopes exceeding fifteen (15) percent and/or slopes defined as critical slopes by
the Virginia Erosion and Sediment Control Handbook, shall not be disturbed. All site development shall
be performed in phases so that not more than fifty (50) percent or 150 acres of the land disturbance
areas reflected on the site plan shall be disturbed without stabilization at any time. Site specific plans
shall be prepared and approved that may limit or phase the amount of disturbed acreage as
determined by site characteristics. Topsoil is not permitted to be removed from the property(s). For
purposes of erosion and sediment control, stabilization shall mean the application of seed and straw or
mulch to disturbed areas. The applicant shall be responsible for any costs incurred by the County for
additional staff and/or third party inspectors for inspection services.
5.

Signage

Signage shall be limited to a notification sign placed at each site entrance that states (a) the rated
nameplate capacity, (b) the name of the project owner, and operator (if different from the owner), (c)
the street address of the site, and (d) a 24-hour emergency contact phone number for the operator.
Signage is prohibited on solar equipment except as follows: (a) appropriate warning signs and placards;
(b) signs required by a federal or state agency; (c) signs that provide a 24-hour emergency contact
phone number, and (d) panel manufacturer information and/or other identifier. If the contact
information changes, new signage with up-to-date contact information is required.
6.

Height

Solar Energy Arrays shall not exceed fifteen twenty-five (125) feet in height when oriented at maximum
tilt, as measured from the ground, and shall be screened to meet the visual buffering requirements at
the time of site plan approval. Ancillary non-solar collector equipment and/or structures, including, but

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not limited to inverters and transformers, may exceed the height limitation of fifteen (15) feet, provided
such equipment or structures are not visible from the exterior of the property.
7.

Site access shall be designed to mitigate site visibility from the public road.

Security lighting shall be the minimum necessary for security of the site. All lighting shall be source
shielded and downcast to prohibit glare onto abutting properties. The maximum height of any light
structure shall not exceed twenty (20) feet along the exterior boundary or within the approved
setback/buffer areas and thirty-five (35) feet in the interior. Motion sensitive lighting shall be utilized
to the maximum extent possible. Except for site entrances, all lighting shall be internal to the facility.

New and/or relocated on-site electrical interconnections and powerlines shall be installed
underground unless otherwise approved by the Board of Supervisors with the issuance of the special
exception permit.

10. The project shall not exceed the noise limitations for Agricultural (Rural) Districts set forth in Chapter
68 of the Code of Caroline County, at the exterior boundary of the properties. During construction,
noise shall be minimized using acceptable industry practices for back-up alarms that do not emit
traditional warning sounds. The hours of operation of post-driving and other construction equipment
shall be limited to sunrise to sunset.
11. All solar collection devices shall be located to avoid directing glare or reflection onto adjacent
properties and roadways so as to not create a traffic or safety hazard or nuisance to adjacent
properties. In the event that glare is identified as an issue after construction, the owner of the solar
energy facility, or its assigns, shall prepare and implement a corrective plan of action that is
acceptable to the County sixty (60) days after notification of the issue to the owner by the
County.
12. The development area shall not include any area in an identified 100 year floodplain, except as
minimally necessary for service utility or access road crossing areas, provided such improvements
are permitted in accordance with Chapter Article 45 of the Code of Caroline County and Article XV
Section 17 of the Caroline County Zoning Ordinance.
13. The development area shall not include any land designated as a Resource Protection Area (RPA),
except as minimally necessary for crossing areas, provided such improvements are permitted in
accordance with Article XV Section 17 of the ordinance.
14. All solar photovoltaic (electric energy) projects, shall utilize generally accepted national
environmental protection and product safety standards for solar panels and battery technologies
such as those developed for existing product certifications and standards; including the National
Sanitation Foundation/American National Standards Institute No. 457, International Electro technical
Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and
Underwriters Laboratories No. 61730-2.
15. No major solar energy project shall be located within one mile of another major solar energy project
permitted under this section as measured at the nearest exterior boundary of each project.
15. The Caroline County Department of Fire and Rescue shall be provided emergency response training
by the owner or its assigns prior to commencement of commercial operation.
16. Viewshed Analysis
17. Setbacks
(i) between 150 and 200 feet from the nearest point on the outer wall of existing occupied
community buildings and dwellings on nonparticipating properties; (ii) between 50 and 100 feet from

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the outside edge of the roadbed of any road abutting the property; (iii) for projects not greater than
25 megawatts, 50 feet from the edge, and for projects greater than 25 megawatts, 100 feet from
the edge, of tidal wetlands or nontidal wetlands, as defined in 9VAC25-830, or from the top of bank
of perennial streams, as defined in § 62.1-44.122; (iv) for projects of any capacity within Chesapeake
Bay Preservation Areas, between 100 and 125 feet from the edge of tidal wetlands, nontidal
wetlands, or from the top of bank of perennial streams; and (v) between 50 and 75 feet measured
from the nearest shared property line for nonparticipating properties.

16.
The Board of Supervisors may amend the provisions of Section 23.9 with the issuance of the Special Exception
Permit filed in accordance with Section 23.5 provided the Board finds that the amended provisions protect
the public health, safety and general welfare.

23.10
1.

Decommissioning
Prior to site plan approval for a Solar Photovoltaic Project, the applicant shall provide the County
with a written agreement to decommission all solar energy equipment, facilities, or devices on the
property, which agreement shall be in a form prepared by the County and include the following:
a. A decommissioning plan prepared by a professional engineer licensed in the
Commonwealth.
b. Financial assurance of performance as required by this Section 23.10.
c. A timeframe for decommissioning of the Solar Photovoltaic Project. Decommissioning shall
be required to commence upon the first to occur of (i) a continuous period of twelve (12)
months of the cessation of use for the electrical power generation, (ii) the expiration of a
period of approval set out in a siting agreement or any conditions of a special exception,
as applicable; (iii) the revocation of the special exception permit or termination of a siting
agreement, as applicable.
d. Provisions guaranteeing the right of the County to enter the real property of the record title
owner of such property without further consent of such owner and to engage in
decommissioning in the event of a default in the obligation to decommission such
equipment, facilities, or devices in the timeframe set out in such agreement.
e. Provisions acknowledging that nothing in the agreement shall limit other rights or remedies
available to the County to enforce the obligations of the property owner(s), lessee(s), and
operator of the Solar Photovoltaic Project, including under the County’s zoning powers or
other ordinances.
f. Provisions allowing designated County representatives or employees reasonable access the
Solar Photovoltaic Project for inspection purposes with no less than twenty-four hours notice;
except in the event of emergencies where damage to person or property has occurred or
is imminent, the right of access shall be immediate.
g. Notarized signature by the property owner(s), lessee(s), and operator of the Solar
Photovoltaic Project.
h. Recordation in the land records of the Clerk of the Circuit Court of Caroline County. The
instrument shall identify the street addresses, parcel number(s), owners of record, deed book
and page number. Proof of recordation shall be provided to the Director of Planning and
Community Development prior to site plan approval.
AThe decommissioning plan must be signed by the project owner and binding upon their successors
and assigns, who shall be responsible for decommissioning the project. Elements of the
decommissioning plan shall include, but are not limited to:
(a) The anticipated life of the project.
(b) An equipment and materials analysis that includes deconstruction, reclamation, salvage,
recycling, transportation, labor and estimates for the amount and types of materials to be

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salvaged, including contingencies in the event that the local salvage market is inundated
and disposal of materials is required outside of the local market area.
(c) The estimated decommissioning costs in current dollars, based upon the equipment and
materials analysis above, based upon the recycling market for materials at the time of the
preparation of the estimate.
(d) The method for ensuring that funds will be available for decommissioning and restoration.
(e) The anticipated timeline for decommissioning and restoration, which shall not exceed
twenty-four (24) months from the event requiring decommissioning. For properties in the
Agricultural Preservation District, the property shall be ready for agricultural/silvicultural use
at the beginning of the next growing cycle following decommissioning.
(f) The and manner in which the project will be decommissioned and the site restored. to
agricultural ready Such provisions shall require, at minimum:
i.
The removal of the Solar Photovoltaic Project’s equipment and appurtenances from
the property, including solar panels, footers, foundations, structures, cabling,
electrical components, conduit, and any other associated facilities and equipment;
ii.
The reasonable restoration of the real property upon which such solar equipment,
facilities, or devices are located, including (1) soil stabilization and (2) revegetation
of the ground cover of the real property disturbed by the installation of such
equipment, facilities, or devices such that the property is returned to a useful
condition similar to the preconstruction condition, unless otherwise agreed to by the
property owner as documented by an executed agreement provided to the
Department of Planning and Community Development and consistent with
applicable law and regulation; and
iii.
All fences, access roads or other non-utility improvements shall be removed unless
an executed agreement is provided to the Department of Planning and
Community Development indicating that the property owner agrees for these
improvements to remain.
(g) Compliance with all erosion and sediment control requirements.
(h) Compliance with all stormwater provisions in state law and regulations.

Agricultural ready condition means the property is ready for agricultural/silvicultural use at the
beginning of the next growing cycle.

Any changes to the ownership of the project shall require an updated plan and surety reflecting
same.
Decommissioning shall be required following a continuous period of twelve (12) months of the
cessation of use for the electrical power generation or revocation of the special exception permit,
whichever shall first occur. The owner shall have not more than twenty-four (24) months to complete
decommissioning of the solar energy facility.

Decommissioning shall include removal of all solar panels, footers, foundations, structures, cabling,
electrical components, conduit, and any other associated facilities and equipment as described in
the decommissioning plan.

All fences, access roads or other non-utility improvements shall be removed unless an executed
agreement is provided to the Department of Planning and Community Development indicating that
the property owner agrees for these improvements to remain.

Prior to site plan approval, the applicant shall provide the County with a performance guarantee in
the form of a bond, irrevocable letter of credit and agreement, or other financial security
acceptable to the County in the amount of one-hundred (100) percent of the estimated
decommission cost, minus the salvage value of materials, plus a ten (10) percent allowance for
administrative costs related to a default of the owner, lessee, or developer. The surety shall be in a
form approved by the County Attorney. The reclamation/salvage value of materials shall be based

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upon the current salvage market for the component materials. Estimates shall be determined by an
engineer licensed to practice in the Commonwealth of Virginia with experience in preparing
decommissioning cost estimates. The decommissioning cost estimate and corresponding approved
financial instrument shall be updated every five years after the approval of the first decommissioning
plan to adjust for inflation, account for advancements in technologies and processes for
decommissioning, salvaging, or re-powering of renewable energy facilities, and make any other
necessary changes. An administrative fee in the amount of $1000 shall be paid with the delivery of
the estimate or any recalculation thereof or with the recalculation of the surety.
7.

A revised engineer’s estimate of probable cost of decommissioning shall be submitted for review
and approval every five (5) years in the same manner as the initial submission, and the surety shall
be adjusted appropriately. If at any time the County has questions or concerns about the
decommissioning cost estimate, then the County may prepare its own decommissioning cost
estimate with the cost to be borne by the owner(s) of the facility.

The decommissioning plan shall be referenced in either the SPEX, the Siting Agreement or both as
applicable. The SPEX and any Siting Agreement shall be recorded in the land records of the Clerk of
the Circuit Court of Caroline County. The instrument shall identify the street addresses, parcel
number(s), owners of record, deed book and page number, and identify the location and
availability of the approved decommissioning plan. Proof of recordation shall be provided to the
Director of Planning and Community Development prior to site plan approval.

Project Owners and any landowners on which a major solar facility is located, in applying for a SPEX,
acknowledge the County’s ability to enter their property to effectuate decommissioning pursuant
to Va. Code §15.2- 2241.2.

10. Project Owners and any landowners on which a major solar facility is located acknowledge that
nothing herein shall limit other rights or remedies available to the County to enforce the obligations
of the Applicant, including under the County’s zoning powers. The Applicant and any landowners
will allow designated County representatives or employees to access the solar facility for inspection
purposes with twenty four hour notice. In the event of emergencies in which damage to person or
property has occurred or is immanent, the right of access shall be immediate.
11. Any changes to the ownership of the project shall require an updated decommissioning plan and
surety reflecting same. Notice shall be provided to the County within 30 days of the sale or transfer
of the lease or property, and a new financial guarantee shall be provided by the new leaseholder
or property owner.
23.11

Site Plan Required

A site plan as set forth in Article XV, Section 14 of the Zoning Ordinance shall be approved prior to the issuance
of any grading, zoning or building permits. The site plan shall include the following additional information and
supporting materials:
1.

The amount of energy in megawatts (MW) that the facility is designed to generate in alternating
current (AC) and direct current (DC);

Dimensions, locations, orientation and typical section of the solar energy equipment, and the type
of system proposed (i.e. tracking or stationary);

The materials that are to be utilized (e.g. aluminum, copper, glass, etc.) in the construction of the
facility and approximate percentages;

Location of interconnections to any existing or proposed substations or connector stations;

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Distances to occupied structures and structure type on adjacent properties;

A description of the anticipated upgrades or improvements to the current electric grid that are
required to support the proposed solar energy facility and the status of the applicant(s) application
for interconnection to the grid;

Other lighting not identified under Article XV Section 14.14.j;

A landscape plan which meets the provisions of Section 23.9.2.

A construction management plan which includes, but is not limited to, the location of staging areas
for construction materials and equipment, hours of operation, estimated duration of construction,
number and type of vehicles entering and leaving the site, including a traffic impact analysis of
same, temporary lighting, anticipated noise and dust generation and corresponding mitigation
measures;

10. Proof of adequate liability insurance for the project, which shall be maintained throughout the life of
the project.
11. The name and contact information for the owner, who shall be responsible for all aspects of the
operation and maintenance of the facility for purposes of compliance with the Special Exception
Permit.
12. A natural heritage and wildlife management study, consistent with the Virginia Division of Wildlife
Resources Solar Energy Facility Guidance that identifies any threatened or endangered species and
wildlife travel patterns, together with any necessary mitigation measures to ensure compatibility of
the project.
13. A decommissioning plan and surety in accordance with Section 23.10.
14. Any additional information deemed necessary by the Zoning Administrator to review the application.

23.12

Commencement of Construction

Notwithstanding any provisions related to the timing and validity of site plan approvals set forth in the Code
of Virginia, construction shall commence thirty-six (36) months from the date of approval of the special
exception permit or the special exception permit shall be void. Not less than six (6) months prior to the
expiration date of the original Special Exception Permit, the owner may request a one-time extension from
the Board of Supervisors for an additional twelve (12) months to commence construction. The Board of
Supervisors may grant the extension, based upon satisfactory evidence that the applicant has proceeded
in good faith with the permitting process. In no case shall the permit be extended beyond forty-eight (48)
months.
II.

ENERGY STORAGE FACILITIES

23.13 The purpose and intent of the Energy Storage Facilities Regulations (ESFR) is to promote the public
health, safety and general welfare of County citizens and businesses by encouraging the safe development
and to mitigate the impacts of Energy Storage Facilitate during the construction, installation, and operation
of commercial ESFs in Caroline County in a manner that promotes economic development while mitigating
adverse impacts to agricultural and forested lands, endangered species habitats, conservation lands, scenic
views, cultural resources and other environmentally sensitive lands. These regulations provide additional land
use standards over for the underlying zoning district, with additional safeguards to ensure the proper
development of facilities that store energy for a period of time.

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23.14 Application Requirements. Each application for authorization for an energy storage facility system shall
include the following general information as applicable:
1.
A Project Description. A narrative identifying the applicant, owner, and operator, and describing the
proposed Energy Storage Facility, including an overview of the project, its location, and a maintenance plan
for the project; the approximate rated capacity of the Energy Storage Facility; and a description of ancillary
facilities.
2.

General Development plan. The General Development plan shall include the following information:
a.
b.
c.
d.

Existing and proposed buildings and structures, including preliminary location(s) of all
proposed equipment;
Existing and proposed access roads, drives, turnout locations, and parking;
Location of any substations, electrical cabling, ancillary equipment, buildings, and structures
(including those within any applicable setbacks);
A draft emergency action plan that includes:
1. Procedures for safe shutdown, de-energizing, or isolation of equipment and
systems under emergency conditions to reduce the risk of fire, electric shock, and
personal injuries and safe start-up following cessation of emergency conditions;
2.
3.

Procedures for inspection and testing of associated alarms, interlocks and
controls.
Procedures to be followed in response to notifications of system alarms or out-ofrange conditions that could signify potentially dangerous conditions, including
shutting down equipment; summoning service or repair personnel; and providing
agreed-upon notification to fire department personnel, if required
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

5. Response considerations similar to a safety data sheet
(SDS) that will address response safety concerns and
extinguishment even if an SDS is not required by another
code or standard;
6.

e.
f.

Procedures for handling energy storage system equipment damaged in a fire or
other emergency event, including contact information for personnel qualified to
safely remove damaged energy storage system equipment from the facility;
and
Procedures and schedules for conducting drills and training exercises for local
first responders on the contents of the plan and appropriate response
procedures.

Details of proposed Fencing or other methods of ensuring public safety; and includes wildlife
fencing;
The location and nature of proposed buffers and screening elements, including vegetative
and constructed buffers.

A Preliminary Decommissioning Plan that includes:
1. A preliminary decommissioning plan that is certified by an engineer or contractor with
demonstrated expertise in large-scale battery energy system removal,
2. The anticipated life ofthe project;
3. A narrative description of the activities to be accomplished, including who will perform that
activity, and the timeline for complete physical removal of all components of the battery energy
storage facility;

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4.
5.
6.
7.
8.

A description of mitigation procedures for the release of hazardous materials or other
emergency events during the decommissioning process;
The estimated decommissioning cost in current dollars and a description of the methodology for
determining such estimate;
A listing of any contingencies for removing intact operational battery energy storage systems or
individual components and for removing a battery energy storage system that has been
damaged by a fire or other event;
A statement that the owner or operator of the facility will notify the Zoning Administrator at least
60 days prior to the planned date of discontinued operations; and
In addition to the special exception plat requirements of subsection 8101.3.B, a plan for the
restoration of the site, prepared by an engineer or surveyor licensed by the State.

Community meeting. The applicant is encouraged to hold a public community meeting prior to the
planning commission's public hearing to give the community an opportunity to hear from the
applicant and ask questions regarding the proposed facility under the following guidelines:
a. The applicant shall inform the planning director 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.
b. The meeting shall take place within the county, at a location open to the public with
adequate parking and seating facilities that will accommodate persons with disabilities.
c. The meeting shall give members of the public the opportunity to review application materials,
ask questions of the applicant and provide feedback.
d. The applicant shall provide to the planning director a summary of any input received from
members of the public at the meeting any responses.

23.15

General Requirements for All Energy Storage Facilities:
1.

2.
3.
4.

All battery energy storage system installations shall also comply with site plan
requirements in accordance with Article XV Section 14 and;
a. Include a map detailing all watersheds that may be impacted by runoff from
the project parcel.
b. Identify the locations and distances to all wells within a half mile radius of
project’s parcel boundary.
c. All run off from the area that contains battery equipment shall drain to a holding
facility that is designed to remove harmful materials prior to leaving the holding
facility.
Operation and maintenance manual. Such plan shall describe continuing battery
energy storage system maintenance and property upkeep, as well as design,
construction, installation, testing and commissioning information.
A noise study that demonstrates that the operation of the site is in compliance with the
Caroline County requirements for noise.
All individual battery storage containers shall be insulated with _an acid proof liner and
be placed on a _Type V-concrete pad that has a containment base that is at least
three feet wider than the container and have a depth of at least six (6) inches that
connects to a central drainage system that connects to a containment facility that is
lined with an acid proof material to prevent leaching of materials. If the batteries will

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produce sulfuric acid the containment facility shall be enclosed to prevent escape of
vapor.
5. Each site shall install monitoring well at the perimeter of the project for each drainage
area. Soils within a radius of 20 feet from the monitoring will shall be conducted and
results reported to Caroline County and the Department of Environmental Quality.
annually after any event that resulted in repair or maintenance of a container or every
three years.
6. In the event of a thermal event an isolation zone of 300 feet around the incident area
shall be established until complete remediation of hazard is completed.
7. Each battery storage container shall maintain a minimum of thirty-feet (30) spatial
separation
8. Air ventilation and fire suppression system for any indoor installations
9. Each battery storage container or building shall install and maintain fire safety systems
with automatic fire alarm and detection systems and extinguishing technology built in
and approved by the Caroline County Fire Chief designed in accordance with NFPA
855 standards, as amended and the Virginia Statewide Fire Prevention Code. _
10. An emergency action plan that includes:
•
Procedures for safe shutdown, de-energizing, or isolation of equipment and
systems under emergency conditions to reduce the risk of fire, electric
shock, and
•
personal injuries and safe start-up following cessation of emergency
conditions;
•
•
Procedures for inspection and testing of associated alarms, interlocks and
controls.
•
Procedures to be followed in response to notifications of system alarms or
out-of-range conditions that could signify potentially dangerous conditions,
including shutting down equipment; summoning service or repair
personnel; and providing agreed-upon notification to fire department
personnel, if required
•
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
•
Response considerations similar to a safety data sheet (SDS) that will
address response safety concerns and extinguishment even if an SDS is not
required by another code or standard;
•
Procedures for handling energy storage system equipment damaged in a
fire or other emergency event, including contact information for personnel
qualified to safely remove damaged energy storage system equipment
from the facility; and
•
Procedures and schedules for conducting drills and training exercises for
local first responders on the contents of the plan and appropriate response
procedures.
•
9. Fiscal Analysis Report. The Fiscal Analysis Report is a document that will identify
how the County and community benefit from the facility. The fiscal analysis
report shall include an analysis of the potential financial impact of the project
in the Countyincluding the project’s direct, indirect, and induced effects in the
County economy
with the following sections:
a. The financial impact of the project on the economy of IOW
County, including direct, indirect, and induced effects and
earnings in various sectors of the local economy, such as
housing needs analysis, impacts on roads and services, and
County spending.
b. Economic impact analysis that includes output as in the total
value of goods and services produced within the County by the
project, job creation per year of operation, labor earnings per

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c.
d.

f.
g.
h.
i.
j.
k.

year during both the construction and operations periods.
Local Government annual Tax Revenue
Potential utilization of local labor and contractors, including local
apprenticeship labor, options of materials, parts, and components
whether existing or proposed, local equipment manufacturing,
local operations and maintenance, and local parts assembling
and distribution, maintenance materials, site management
services, and facility management.
Economic Impact Methodology (i.e., Jobs and Economic
Development Impacts [JEDI] PV Model from the National
Renewable Energy Laboratory [NREL]). Assumptions developed
to complete the analysis and to adapt the models to expected
local conditions.
Economic Impact Results per development phase.
A real estate value impact study of nearby properties.
Risks and uncertainties.
Methods to improve the projected financial and employment
impacts.
Local distribution of energy efforts and reduction rates
to local energy consumption as a result of the project.
An executive summary of the Report.

10. A Root Cause Analysis with Corrective Actions shall be required prior to the
restart after a partial or full facility emergency shut down which shall identify the
cause of system or facility failure and corrective actions to be taken to prevent
recurrence.
a. The Operator shall complete a Root Cause Analysis that includes
a review of all system components, sub-components, design,
manufacturer, maintenance, and operations at the affected
facility.
b. The analysis shall indicate whether any affected components or
subcomponents are in use elsewhere in the County.
c. The Operator shall perform corrective actions based on the
analysis.
d. A report shall be submitted to the County describing actions
taken to prevent reoccurrence of the incident.
e. A copy of the Root Cause Analysis report shall be given to the
Board of Supervisors.
11. A Post-construction noise study of existing conditions after completion and when
in full operation shall be provided within three (3) months after initial operations
begin. The post-construction noise study shall include sound pressure level
measurements from a reasonable number of sampled locations at the perimeter
of the battery energy storage system and at the boundaries of the property in
order to demonstrate that the average noise generated from the BESS,
components, and associated ancillary equipment at any time shall not exceed
a noise level of 50 dBA as measured from the property line of an adjoining
parcel and shall not exceed 50 dBA at the outer wall of any occupied structure.
The post-construction noise study shall be prepared by Certified Technicians
using Calibrated ISO Test Instrumentation. If the post-construction noise levels do
not meet the maximum noise level requirements, noise mitigation measures are
required and shall be implemented to achieve compliance. The BESS owner
shall determine noise mitigation measures which are certified by a
Commonwealth of Virginia Licensed Professional Engineer (PE). After noise
mitigation measures are approved by the Zoning Administrator, the measures
shall be provided and installed by the BESS owner and then verified by noise
level measurements within six (6) months.

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CITIZEN COMMENTS

Page 109 of 154

June 12th, 2026
Caroline County
Planning & Building Department
233 W. Broaddus Avenue
Bowling Green, VA 22427

Good afternoon members of the Planning Commission,
I am writing to express my opposition to TXT-03-2026. I understand that solar projects
have come up again due to state regulations and much of this is out of the County’s control. I
believe the County made the appropriate decision when the solar ordinance was revoked, and it
is regrettable that the state is forcing this back upon us despite widespread opposition. If we must
revisit solar applications, I would like to make a few requests that I feel will ensure a transparent
and equitable process moving forward.
To ensure a transparent process that accounts for residents’ previous expressions of
support or opposition, I am requesting that all letters, comments, petitions, and other expressions
of support or opposition be included in the Planning Commission and Board of Supervisors
meeting packets moving forward if a project is reapplied for. It should not be the responsibility
of residents to gather old petitions and letters against specific projects, or to go out on foot and
start new petitions against the same projects. Nor should it be put on the Board of Supervisors to
remember and gather the information themselves. This information is a matter of public record,
easily accessible, and should be included.
Projects previously discussed in Caroline County include:
•
•
•
•
•
•
•
•

CC Solar: SPEX-04-2021
Racehorse Solar: SPEX-05-2021
Whalebone Solar: SPEX-06-2021
Muskie Solar: SPEX-06-2021
Shad Solar: SPEX-08-2021
Frog Solar Center: SPEX-09-2021, SPEX-10-2021
Ladder Solar: SPEX-12-2021, SPEX-13-2021, & SPEX-14-2021
Woodford Solar: SPEX-16-2021 & SPEX-17-2021

I am also requesting that all forthcoming letters, comments, petitions, and other
expressions of support or opposition submitted during the application process for any project be

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included in the meeting packets and carried forward in subsequent packets when the project is
scheduled to be discussed. Including this information should be a bare minimum standard, but as
we have seen with data center projects, resident letters are frequently left out of the packets as
the meetings progress and when a project is back up for discussion. This is inexcusable.
Transparency and inclusion of residents should be the standard for all projects. Your constituents
have spent, and continue to spend, significant time preparing and submitting their comments and
concerns. Not carrying these forward only serves the solar applicants, not your constituents.
Additionally, I am asking that the Planning Commission and Board of Supervisors uphold
their original decisions regarding specific projects if/when they are reapplied for. The state is
clearly trying to bypass our local democratic process, and we need to stand together now more
than ever. We will not back down, and we will not let the solar lobby destroy our beautiful
County. Please help us in this fight by upholding your original recommendations, as the public
faces an uphill battle with the heavily influenced SCC.
Lastly, I have included comments on the currently proposed solar language.
Section 23
I. Solar Energy Facilities
23.8 Additional Submission Requirements
Amend #6 to include previously known information regarding electric upgrades
and improvements required for projects submitted to the County under the prior
solar ordinance. Applicants may have received information during their prior
application process that may be applicable to their new application at the same
site. Applicants should be required to include the prior information, even if they
do not have updated information available for the current application.
23.9 Design and Development Standards
Amend #15 to include that the cost of training, as well as the cost of any
additional equipment and supplies needed for emergency responses, is to be paid
for by the applicant and not taxpayers. We know that our Fire Department does
not have this equipment, and residents should not be responsible for bearing this
cost. Nor should the County allow a project to proceed without the appropriate
emergency response equipment and supplies in place. The emergency response
plan should be made publicly available for each project on the County’s website.
23.10 Decommissioning
Amend #6 to remove “minus the salvage value of materials”. As we have seen
with other sites, no one is salvaging or recycling this equipment. This amount

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should not be subtracted and the cost to clean up and dispose of all materials on
site should be accounted for to protect the County and taxpayers.
23.12 Commencement of Construction
Amend this section to state that construction shall commence within 12 months.
They should not be allowed to delay construction for 3 years. This section already
allows applicants to request an additional 12-month extension. If an applicant
cannot commence construction within these timelines, they should be required to
reapply.
Community Meeting (not included in Section 23)
Require applicants to hold a Community Meeting that meets the same standards
mentioned in II Energy Storage Facilities. Require the applicant provide a
summary to the Board of Supervisors and require that this summary be included
in meeting packets as the application moves forward.
Required Reporting (not included in Section 23)
Require applicants to report all DEQ and other issues, findings, final orders, and
reportable events to the County. Require County staff to maintain this information
on the County website with timely updates so that all residents have access to it.
II. Energy Storage Facilities
23.14 Application Requirements
Amend #2 to include that the cost of training, as well as any additional equipment
and supplies needed for emergency responses, is to be paid for by the applicant
and not taxpayers. The emergency response plan should be made publicly
available for each project on the County’s website.
Amend #4 to require the applicant to provide a summary of the community
meeting to the Board of Supervisors and require that this summary be included in
meeting packets as the application moves forward.
23.15 Requirements for All Energy Storage Facilities
Amend #1 to include wells within a 2 mile radius
Amend #1 to include required monthly testing of water to be discharged from the
holding facility. Require the applicant to report this testing to the County and the
County to maintain these testing results on the County’s website.

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Amend #10 to include that a copy of each root cause analysis will be maintained
on the County website.
I appreciate your time and consideration in this matter. Together, I am confident we can continue
to protect our County from these known hazardous and ineffective energy projects.

Respectfully,
Faith McFadden
Woodford, VA
Mattaponi District

Page 113 of 154

From:
To:
Cc:
Subject:
Date:
Attachments:

Mary Hodge
Hughes, Bobby; Tingler, Wallace; Williams, Richard; Horton, Carol; Rollins, Steve; Young, Juan; Sili, Jeff;
Forehand, Clayton; Underwood, Reggie; Thomas, Floyd; Long, Nancy; Black, Jeff
Pennington, Craig; Zech, Lisa; Robinson, Brad; [email protected]
Upcoming Solar and Battery Energy Storage Ordinance and Comp Plan Amendments
Thursday, May 28, 2026 1:07:51 PM
IoW_BESS_Ordinance_PURPLE DT4_18_26.pdf
Public Release March 9 2026 BOS vote.pdf

Warning: Unusual sender <[email protected]>
You don't usually receive emails from this address. Make sure you trust this sender before
taking any actions.

Dear Mr. Hughes, Caroline County Planning Commission, Caroline County Board of
Supervisors, and Staff,
I have learned a great deal about solar and battery storage in the past five years when not one,
but two, yellow special exemption permit signs showed up along the side of the road in the
immediate vicinity of my home, and I have since become involved with a large network of
Virginia citizens sharing data and information on the failed promises the VCEA brought to
innocent counties such as ours under the guise of “green” energy, which has proven to be very
costly in many more ways than one.
Thank you from the bottom of my heart for hearing and listening to citizen’s voices, for being
informed yourselves, and your strong and wise decisions that included repealing the solar
ordinance and enacting a veritable ban on Battery Energy Storage Systems (BESS). You have
made us an exemplary county to so many in the state, as well as unfortunately a target to the
solar lobbyists and state legislators who have been so compelled to finally have revoked our
local authority by so-called “ban-on bans” solar legislation and now forcing localities to
accept highly costly and energy wasting, flammable BESS as by-right alongside solar.
I know you are currently working on drafting these amendments and I look forward to the
public hearing process with the reassurance that you are doing everything you can to keep
these out of Caroline.
Isle of Wight County is currently working on their BESS ordinance, and I ask that you take
recommendations from their Board, to enact a BAN on BESS, unless within an existing solar
facility. That would keep our current ban in place, and would only allow batteries within solar
facilities, and then you can make that ordinance so restrictive that it would be technically and
financially impossible for a developer to gain approval for either.
I have a close friend and ally, David Tucker, PE who is a retired professional engineer in the
gas, coal, and nuclear profession who disseminates data from the EIA and has presented this
information to not only his county board, but other counties, the SCC, CEUR, and authors of
articles on Virginia energy, such as Steve Haner. He has refined all this information into a
voiced over Power Point presentation entitled "Green Greed - Broken Promises Exposed,
Virginia’s Renewables & BESS". He offers his work freely and would be happy to come to
Caroline in person, via Zoom, phone, and speak to any of you individually or as a group.
Here is a recent article from the Smithfield Times on the subject in Isle of Wight, as well as

Page 114 of 154

others in reverse chronological order, including mention of Caroline not allowing BESS. I
would also like Caroline to ban BESS wherever possible as stated above.
https://www.smithfieldtimes.com/news/iw-supervisors-again-postpone-bess-ordinance-vote6fe462a6
https://www.smithfieldtimes.com/news/iw-supervisor-rountree-limit-bess-to-existing-solarfarms-94992264
https://www.smithfieldtimes.com/news/iw-supervisors-postpone-vote-on-bess-ordinancee80aaaf8
https://www.smithfieldtimes.com/news/isle-of-wight-planners-advance-battery-storageordinance-ad63f658
This article describes the PC public hearing where AES and Gentry Locke weighed in, akin to
the “fox designing the henhouse”:
https://www.smithfieldtimes.com/news/iw-planners-postpone-vote-on-battery-storageordinance-142836ef
Caroline’s ban and Mr. Cully mentioned:
https://www.smithfieldtimes.com/news/planning-commissioner-wants-ban-on-battery-storage633447b7
Please know that solar’s capacity factor in Virginia is currently at less than 20%, and the
projects are showing signs of rapid degradation. I will not even begin to take the time to touch
on the environmental disasters and rampant stormwater violations. BESS efficiency runs at
negative 15-20%, so be aware that the ratepayer will be paying for this loss of energy, as well
as a price-gouged rate at discharge. None of these will help Caroline tax and rate-payers.
I would also like you to have Chief Loftus give input on these ordinances as they pertain to
solar and batteries. Traditional and regulated power suppliers such as gas and nuclear plants
have their own fire brigades. Not solar and BESS gaining free emergency services from the
county at taxpayer cost and resources. If a battery storage pod catches on fire, fire crews will
be continuously dousing the adjacent units to keep them cool and prevent them from catching
on fire also. These fires can last for days, and spontanteously re-igninte. A county such as ours
does not have the manpower, time, (or water!) to spare from other emergencies that may occur
in this time period. Nor do we want the polluted water and air released threatening our health
and safety.
Here is a copy of the BESS ordinance Mr. Tucker submitted to his county. I ask that you
review for applicable additions to ours, especially for the financial and safety accountability a
developer would be held to. (I hope it translates to a pdf document, as I do not have Microsoft
Word on my computer)
I would also ask that you review Patrick County’s recently approved solar and BESS
ordinance, and glean any of the protective elements within it also applicable to Caroline,
especially considering toxic substances.
Thank you again for your time and always thoughtful consideration. I am very proud to be a
Caroline citizen, and it is because of each and every one of you.
Sincerely,
Mary Hodge

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12383 South River Road
Woodford, VA 22580
804-633-6334

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Tucker’s 4/19/26 BESS Draft Proposal for Isle of Wight

1) Scope
a) BESS’s are banned in Isle of Wight, except for being “Permitted as
Accessory Use” to commercial solar photovoltaic generation facilities as
described on the 2026 Virginia General Assembly SB443.
b) The Ordinance pertains to Utility Scale BESS, and include Front of the
Meter, Commercial and Industrial Behind the Meter, and exclude
Residential Behind the Meter and NET Metering.

2) Responsibilities:
NOTE: Regardless of County Advise and Implied Mandates, all
occurring matters of Safety, Environment, Emergency Services, and
Community will be the sole responsibility of the Developer, Owner,
Operator.
a) The Board of Supervisors will be the only Authority granting Conditional Use
Permits and Approving Minor and Major Structure Modifications to BESS’s and
property.
b) Third Party Oversight will be performed during both BESS Construction,
Operation, and Decommissioning when called upon: The Developer will fund said
BESS Oversighting. Fire, Safety, Environment, Noise, Traffic, and Community
Concerns will be Oversighted directly by, or third party(s) appointment by, the
Sheriff’s Office, Emergency Service Director, or the Board of Supervisors. The
Developer will fund said Oversighting. This third Party(s) work are NOT to
preclude or replace any State Entity.
c) Sheriff’s Office: oversees BESS matters of Community Safety, Noise, and
Traffic. Selects Third Party Oversight when desired.
d) Emergency Services:
i) Oversee BESS matters of Fire, Fire Prevention, Fire Root Causes, Rescues,
and First Aid and EMT services.
pg. 1

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Tucker’s 4/19/26 BESS Draft Proposal for Isle of Wight
ii) Advise Various BESS Setbacks On-Sight Reviews.
iii) Review Developers Emergency Response Plan.
e) County Development
i) Inspection Staff serves as Oversight relating only to Isle of Wight County
Concerns of Construction, and Operations, and Decommissioning.
ii) County Development will NOT Oversight Concerns of Fire, Safety,
Environment, Noise, and other Concerns witnessed and expressed by the
County Residents to simply avoid “conflict of Interest’ optics.

3) Sequencing Orders – Pre-Requisites Placed on Developer
a) Prior to Planning Commission BESS CUP Review, Developer will
perform and submit the following to the Planning Commission:
NOTE: These are mandatory submittals to intelligently assist Isle of Wight County in
decision making, and acceptance of any information or data in this section is NOT
Isle of Wight’s County Approval of said information or data.
i) Emergency Response Plan in “More Specifics”.
ii) Noise Study Results in “More Specifics”.
iii) Inventory of all Solar, Solar: Storage, Storage Facilities, Queued as
Active, In-Service, Under Construction, Confirmed, Engineering and
Procurement, Withdrawn, Partially In Service – Under Construction,
and Suspended all within a four-mile Mutual Assistance Response Radius
(Across County Lines) as listed through both in Energy Information
Association, Virginia DEQ, and UVa Weldon Cooper.
iv) Before application submittal, preapplication meeting and
neighborhood meeting required.
v) The Developer will deliver to the County all Trended Parameters to be
trended by the Battery Management System.

b) Prior to Board of Supervisors Approval:
i) Only “Prior to Planning Commission BESS CUP Review” will be allowed.
ii) No Land Disturbance for Construction, Equipment Laydown Storage Site(s),

pg. 2

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Tucker’s 4/19/26 BESS Draft Proposal for Isle of Wight
Offices and Auxiliary Sites will be Permitted.
iii) Developer work through and lays out Emergency Categories (or the County
Equivalent) and Response Actions Required, with the Isle of Wight
Emergency Service, of “Notification”, Alert”, and “Alarm”.
iv) Construction Environmental Remediation Plan

c) After Board of Supervisors Approval:
i) Start of BESS and BESS related Land Preparations of Construction Site,
Equipment Laydown Storage Site(s), and Auxiliary Site.
ii) Start and Update as Construction Progresses:
(1) Adequate Access/Egress for the Emergency Services.
(2) Training for Emergency Services on Systems, Potential Hazards, and
Risks
(3) On-Sight and Accessible Material Safety Data Sheets
(4) Hazardous Materials Signage.
(5) On-Sight Emergency Lighting.
(6) Emergency Response Plans Reviews with Isle of Wight Emergency
Services.
d) Prior to BESS becoming Partially or Fully Operational, the Developer
will Complete, and Provide to Isle of Wight County:
i) Adequate Access/Egress for the Emergency Services.
ii) Training for Emergency Services on Systems, Potential Hazards, and
Risks
iii) On-Sight and Accessible Material Safety Data Sheets
iv) Hazardous Materials Signage.
v) On-Sight Emergency Lighting.
vi) Emergency Response Plans Reviews with Isle of Wight Emergency
Services.
vii)Final Environmental Remediation Plan
viii)Adequate water sources for Emergency Services Safe Fire

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Suppression.
ix) Drainage for water runoff.
e) Restart after Partial or Full Shut Down by Battery Monitoring System,

Emergencies, Safety, Fire, Explosion, Rescue, Environmental
Releases, any other Non-Routine Operational and Maintenance
Means:
i) Root Cause Analysis Performance including Sub-Components, Design,
Manufacturer, Maintenance, and Operation reviews is complete.
ii) Root Cause Analysis Corrected Actions performed.
iii) Root Cause Analysis Applicability review(s) of other Modules and Containers,
and other BESS’s already in the County, Performed and Actions Taken and
Completed.
iv) Root Cause Reported to the Board of Supervisors.

4) Restrictions
a) A Facility will not be permitted to Operate Commercially as Partial or Full
Operation Status during any moment requiring Shut Down by Battery Monitoring
System, Emergencies, Safety, Fire, Explosion, Rescue, Environmental
Releases.
b) All Batteries and Hazardous Materials will be removed Out of the County 30 days
after Abandonment and Decommission notifications.
c) The Battery Containers will be restricted in physical Dimensions and Weight for
passage on the State and County Roads, and as determined as acceptable by
Isle of Wight County Sheriff’s Department.
d) All Noise, Soil, and Water Testing will be Performed as Pre- Construction Start
and Post Operations Start.
e) BESS Containers will be separated at a distance with the advisement of
County Emergency Services.
f) Setbacks, in “More Specifics” are at a Minimum, Emergency Services will advise

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additional Setbacks based on drivable land conditions and fire and Rescued
Vehicles maneuverability inside said Setbacks.
g) Failed or damaged battery cells, modules, racks, or containers WILL NOT
be stored on the BESS facility site following any failure event.
h) Other Facilities Battery, Cells, Modules, and Containers will NOT be stored on
site.
i) Replacement Battery, Cells, Modules, and Containers will NOT be on site for longer
than 7 days prior to installation.

5) Fines
a) A Confirmed and Irrevocable Letter of Credit for the Construction, Operation
and Decommissioning Life of the facility with a Credit No Less than
$25,000,000, will be established from which penalties of Fire, Safety, Noise,
Traffic, and Community Concerns will be drawn. Fine Draws will Double for
Temporary and Forever Hazardous Environmental releases affecting of all things
Air, Soil, Water, Vegetation, Human, Livestock’s, and Pets. The Confirmed and
Irrevocable Letter of Credit will NOT serve as Compensation, in any form of Gifts,
Revenue or Benefits to the County, or Bonds.
◦

For each occurrence, there will 30-day Operation Stand Down WITH
Confirmed and Irrevocable Letter of Credit with $1,000,000 draws
each occurrence, there will be no limit to concurrent and
subsequent Stand Downs or Draws.

b) The Letter of Credit shall be replenished to the original required balance
within sixty (60) days of any draw. Failure to replenish shall constitute
grounds for suspension of the CUP.

6) More Specifics:
The Applicant will provide the following:
a) On-Sight Meteorological monitoring recording, which of all things:

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i)

Trends Quantitative Wind Velocity and Direction, and
Precipitation.

ii)

Will be Functional and working prior to Batteries Arrival on
Site and thru Decommissioning.

b) Noise Studies: The applicant will provide noise studies,
i)

Will be Unique to the Proposed BESS Facility, and Previous
Noise Studies near the Proposed BESS Facility will NOT be
Accepted.

ii)

Pre-Conditional Use Permit Four-Season Data and Post
Operational Four-Season Data will be collected.

iii)

Performed by Certified Technicians using Calibrated ISO Test
Instrumentation.

iv)

Performing Time-Stamped, Collected and Saved Noise Data,

Directed at the Proposed Site,

vi)

Performed during Clear Weather Days.

vii)

At Distances from Immediately on sight to No less than 2 miles
from the sight.

viii)

County acceptance of the data is not acceptance of the results.

ix)

As measured from the property line of any adjourning parcels, the noise
levels will not exceed any noise above baseline measured noise.

c) Setbacks:

The various Setback herein are at a Minimum.

BESS

Developer, Owner, Operator will be advised by Isle of Wight Emergency
Services on additional Setback’ing for Service and Vehicle Maneuverability
on Proposed Sight Evaluated Ground and Terrain. Otherwise, all battery
storage equipment shall maintain a minimum of 100 foot setback from the
security fence with an additional 250 foot setback from all public roads and
property lines. All equipment shall be setback at least 500 feet from any
existing dwelling at the time of CUP approval.
i) Setbacks shall be kept free of all structures and parking lots.
ii) Setbacks shall not be required along property lines adjacent to other
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parcels which are part of the BESS facility with the exception of
structures with documented historical significance, a cemetery, a cultural
resource, or a school.
d) Emergency Response Plan will contain information pertinent to Fire,
Explosion, Safety, Rescue, Evacuation, and Contaminated, Hazardous
Material Handling, and Releases of: Liquid, Vapor, and Gaseous. The
Developer will Integrate the Isle of Wight County Emergency Services
with Sight Walk Downs, Hazard Identifications, and Training. The
Emergency Response Plan DISCUSSIONS with Isle of Wight Emergency
Services can start Prior to Board of Supervisors Approval, Integrations
will be Updated as Construction Progresses, and will be Complete Prior
to BESS becoming a little as Partially Operational. Unless differently
specified by the Isle of Wight County Emergencies Services with
guidance of appropriate National and State Fire, Safety and Hazards
Standards the BESS Developer, Operator, and Owner will meet the
following expectations for each BESS:
i) The three (3) Categories are “Notification”, “Alert” and “Alarm”, and
requirements of each will be as follows:
(1) Notification of Event “Heads Up”. An Early-Stage Event
“Anomaly” that could lead to situations placing community,
property, and/or equipment at risk. Contacting Sherriff Office will
be for documentation purposes, and Possible Emergency
Response Preparations.
(2) Alert. An Advance Stage of Event with likely Equipment Damage,
but no foreseen harm to the Public. Contact Sherriff Office for
documentation purposes, and ready Emergency Response
Preparations.
(3) Alarm. Equipment Damage with likely do Harm to the Public.
Contact Sherriff Office and Emergency Response Services for
Action.
ii) Response Procedures sourced from General Observations to

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Battery Management System Notifications of Event, Alarms and
Alerts.
iii) Evacuation of On-Sight and Community Personnel.
iv) Component De-Energization.
v) Quarantining and then the Handling of Damaged Equipment, and
Contaminated or Hazardous Liquids and Materials.
7) ADDITIONAL REQUIREMENTS
a) All Battery Management System Trended Data and Meteorological
Recordings will be on site and available for review immediately upon
request of the County, with and without cause.
b) The Battery Management System will shut down the BESS, and issue
condition responses of Notification, Alarm and Alert.
c) All on-site utility lines will 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.
d) Disconnect and shutdown capability including a master kill switch to
disable and discharge batteries.
e) Air Ventilations for normal Heat Removal and Air Ventilation Isolations
for Fire Mitigation.

8) Decommissioning Plan:
The applicant will submit a decommissioning plan at the time of CUP
application. The plan will include:

a) A cost estimate for full facility removal, site restoration, and hazardous
material disposal.

b) A timeline for decommissioning activities.

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c) A Decommissioning Plan details will be evaluated, reviewed, and approved
by a Professional Engineer.

9) Decommissioning Surety:
Prior to construction commencement, the owner or operator shall provide to
the County, in cash, bond, letter of credit, escrow, or other form acceptable to
the Zoning Administrator, a surety equal to one hundred and twenty-five
percent (125%) of the fully inclusive cost estimate for decommissioning. The
surety shall be updated every ten (10) years following commencement of
operations, and every five (5) years thereafter, with additional surety provided
to maintain the 125% threshold against the then-current cost estimate.
Removal Requirements. The owner or operator will physically remove all
BESS equipment, structures, security barriers, above-ground utility lines, and
associated infrastructure no more than one hundred and fifty (150) days after
the date of discontinued operations. The owner or operator shall notify the
Zoning Administrator by certified mail of the proposed date of discontinued
operations and removal plans.

a) Decommissioning will include:
i) Disposal of all solid and hazardous waste in accordance with applicable
local, state, and federal waste disposal regulations.

ii) Re-vegetation of the site to minimize erosion, as determined the Virginia
Department of Environmental Quality.

10)Abandonment:
A BESS facility will be considered abandoned when it ceases to operate for
more than twelve (12) consecutive months. The facility will be presumed
abandoned if the owner or operator fails to respond affirmatively within thirty
(30) days to a written inquiry from the Zoning Administrator as to the
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continued validity and operation of the facility. Upon a finding of
abandonment, the County will draw on the decommissioning surety and take
such action as is authorized by law to remove the installation at the owner’s
expense.

11)Change of Ownership:
The BESS facility owner or operator will provide written notification to the
County Zoning Administrator within thirty (30) days of any change in project
ownership or operating entity. The notification will include the legal name,
principal business address, telephone number, email address, and emergency
contact number of the new owner or operator. Failure to provide timely
notification will constitute a violation of the CUP conditions.

12)Appurtenant Structures:
All appurtenant structures associated with a BESS installation, including but
not limited to equipment shelters, storage facilities, transformers, inverter
stations, and substations, will comply with all applicable bulk, height,
setback, open space, parking, and building coverage requirements of the
underlying zoning district.
All such structures will be architecturally compatible with each other. Where
reasonably feasible, structures will be screened from view of adjacent
properties and public roads using vegetative buffers, landscaped berms, or
compatible fencing.

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Document 002

February 17, 2026

Patrick County Solar Energy Facilities Ordinance
Executive Summary
This Solar Ordinance establishes a comprehensive framework for regulating the development,
operation, and decommissioning of solar energy facilities within Patrick County, Virginia. It
balances the County's long-term sustainability goals with protections for local infrastructure,
environment, and residents.
Key Objectives and Provisions:
Land Use Authority: Deﬁnes allowable solar facility types across residential, agricultural,
commercial, and utility-scale real estate. Distinguishes uses from conditional uses and mandates
compliance with height, and setback requirements.
Environmental Safeguards: Enforces strict limits on pollutant materials (including PFAS, silica
dust, and fungal spores), ﬂoodplain protections, native plant restoration, and mandated
compliance with Virginia DEQ stormwater and erosion control standards.
Decommissioning and Fiscal Accountability: Requires developers to execute binding
decommissioning agreements backed by conﬁrmed irrevocable letters of credit or escrow.
Establishes timelines, triggers, and cost recovery mechanisms.
Construction Standards: Includes detailed setback distances, fencing and screening, agrivoltaics
accommodation, and light/noise mitigation consistent with public safety and rural character.
Energy Storage and Variance Governance: Regulates battery energy storage systems (BESS) and
outlines the process for requesting BOS-approved exceptions under special circumstances.
Labor and Transparency: Mandates OSHA training for workers, and submission of Safety Data
Sheets (SDS) for all solar components to support risk assessment and insurance underwriting.
Road and Infrastructure Protection: Requires post-construction road condition assessments,
developer-funded repairs, and full VDOT compliance.
Financial Terms: Establishes a $25,000 application fee and an annual revenue share payment
based on $1,400 per megawatt of nameplate capacity, subject to future BOS revision.
Conclusion
This Ordinance positions Patrick County as a proactive leader in responsible energy
development---ensuring that utility-scale solar aligns with community standards, environmental
responsibility, and long-term ﬁscal health.
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Table of Contents
§ 1 --- Decommissioning Requirements and Property Restoration
§ 2 --- Residential, Agricultural, Commercial, Industrial, and Institutional Solar Installations
§ 3 --- Energy Storage Projects and Components
§ 4 --- General Construction Parameters and Considerations
§ 5 --- Decommissioning Procedures and Financial Assurances
§ 6 --- Environmental Considerations and Construction Impact Controls
§ 7 --- Viewshed Protection and Scenic Preservation
§ 8 --- Environmental Monitoring, Noise Standards, and Payment Provisions

Deﬁnitions
All terms below appear in the ordinance and are deﬁned as used therein. Terms are listed
alphabetically as submitted.
Abandonment / Abandoned --- When a Solar Facility ceases energy distribution for six
consecutive months without qualifying maintenance activity (§ 5.1.3).
AC --- Alternating Current, the type of electrical current in standard power grids
ACH --- Air Changes per Hour, ventilation measurement for BESS facilities
Agricultural Use --- Property classiﬁed under Patrick County State Class Codes 5
(Agriculture/Undeveloped 20-99 acres) or 6 (Agriculture/Undeveloped 99+ acres).
Application Fee --- $25,000.00 USD as required of all solar developers (§ 8.3.1).
Battery Energy Storage System (BESS) --- A project component that absorbs, stores, and
redelivers energy (§ 3.1).
BESS --- Battery Energy Storage System, a project component that absorbs, stores, and
redelivers energy (§ 3.1, § 5.5, § 6.7, § 8.2.1).
BLS --- Bureau of Labor Statistics of the Department of Labor, federal agency providing inﬂation
factor data (§ 1.2.2).
Board of Supervisors (BOS) --- The governing body of Patrick County.

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BOS --- Board of Supervisors, the governing body of Patrick County (§ 2.2, § 2.3, § 3.2, § 4.11, §
5.1.4, § 5.4, § 5.5.1, § 5.5.2, § 5.6.1, § 6.2, § 8.3.2, § 8.3.3).
Cash Escrow (CE) --- Financial surety deposited with Patrick County to guarantee performance
of decommissioning work (§ 5.6.1).
CE --- Cash Escrow, ﬁnancial surety deposited with Patrick County to guarantee performance of
decommissioning work (§ 5.4, § 5.6, § 5.6.1, § 5.6.2).
CERCLA --- Comprehensive Environmental Response, Compensation and Liability Act of 1980,
federal environmental law governing cleanup of contaminated sites (§ 6.1).
Certiﬁcate of Public Convenience and Necessity (CPCN) --- A regulatory approval required by
the Virginia State Corporation Commission for the construction and operation of electric
generation facilities greater than 5 MW, demonstrating that the facility serves the public
interest.
CILOC --- Conﬁrmed and Irrevocable Letter of Credit, a ﬁnancial instrument provided by the
developer's bank guaranteeing payment as per stipulated contract terms (§ 5.4, § 5.6, § 5.6.1, §
5.6.2, § 6.8.3).
CMP --- Construction Management Plan, comprehensive plan for construction phase activities
CO --- Carbon Monoxide, toxic gas that may be released during BESS thermal events
Commercial Operation --- Active operation and distribution of solar-generated energy to the
electrical grid (§ 5.1.4).
Commercial Use --- Property classiﬁed under Patrick County State Class Code 4
(Commercial/Industrial).
Conﬁrmed and Irrevocable Letter of Credit (CILOC) --- A ﬁnancial instrument provided by the
developer's bank guaranteeing payment as per the stipulated contract terms agreed upon by
the contracting parties (the developer and Patrick County) with a secondary bank guarantee by
a banking institution as determined by Patrick County assuring ﬁnancial performance of the
developer and the developers banking institution (§ 5.6.2).
County Administrator --- Patrick County's designated administrative oﬃcer.
CPCN --- Certiﬁcate of Public Convenience and Necessity, a regulatory approval required by the
Virginia State Corporation Commission for electric generation facilities greater than 5 MW (§
2.3.1, § 2.3.2).
DC --- Direct Current, the type of electrical current stored in and produced by batteries
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Decommission / Decommissioning --- Legal removal and disposal of equipment and restoration
of property (§ 1, § 5.1.3).
Delivery Routes --- Roads used during construction, subject to pre- and post-evaluation for
impact and repair (§ 6.4.4).
Department of Environmental Quality (DEQ) --- Virginia agency responsible for stormwater,
soil, and compliance oversight (§ 6).
DEQ --- Virginia Department of Environmental Quality, the state agency responsible for
environmental protection and compliance oversight (§ 4.7, § 4.7.2, § 6.4.1, § 6.8.1, § 6.8.2, §
6.8.3, § 6.9.2, § 8.2.1).
DEQ PBR Process --- The Virginia Department of Environmental Quality Permit by Rule process
for solar photovoltaic projects that meet speciﬁed criteria and environmental protection
standards.
E-stop --- Emergency Stop, emergency shutdown system for BESS installations
Energy Storage Project --- Any system or facility using a BESS to store and return energy (§ 3.1).
Entitlement Holder --- Referenced in Uniform Commercial Code (UCC) § 511, denotes ﬁnancial
rights under surety instruments (§ 5.6).
Environmental Regulations --- Includes CERCLA, RCRA, SARA, TSCA, Clean Air Act, and other
referenced statutes (§ 6.1).
EOP --- Emergency Operations Plan, comprehensive emergency response plan for facility
operations
EPA --- Environmental Protection Agency, federal agency responsible for environmental
protection and regulation (§ 6.10.2, § 8.1).
FAA --- Federal Aviation Administration, agency that regulates aviation safety including glare
hazards
Federal Energy Regulatory Commission (FERC) --- The independent federal agency that
regulates the interstate transmission of electricity, natural gas, and oil, and reviews certain
mergers and acquisitions and corporate transactions by electric utilities.
FERC --- Federal Energy Regulatory Commission, the independent federal agency that regulates
interstate transmission of electricity, natural gas, and oil (§ 2.2, § 2.3.2).
FERC Filing Threshold --- Solar installations greater than 1 MW require Federal Energy
Regulatory Commission (FERC) Form 556 ﬁling.
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Floodplain --- Areas prohibited from containing facility components except fencing (§ 6.7).
FM-200 --- Fire suppression agent (heptaﬂuoropropane) used in clean agent ﬁre suppression
systems
FPERP --- Fire Protection and Emergency Response Plan, required coordination plan with Patrick
County Department of Emergency Services (§ 6.4.2, § 6.5.4).
GIS --- Geographic Information System, digital mapping system for emergency response
Hazard Communication Standard (HCS) --- OSHA's SDS format regulation (29 CFR 1910.1200) (§
6.6).
HAZWOPER --- Hazardous Waste Operations and Emergency Response, OSHA certiﬁcation for
hazardous waste handling (§ 6.5.3).
HCS --- Hazard Communication Standard, OSHA's Safety Data Sheet format regulation (29 CFR
1910.1200) (§ 6.6).
HF --- Hydrogen Fluoride, highly toxic gas released during lithium-ion battery thermal runaway
IEEE 1547 --- Institute of Electrical and Electronics Engineers Standard 1547, standard for
interconnecting distributed energy resources with electric power systems
Impervious Surface --- Surface features limiting stormwater absorption (§ 4.6).
Industrial Use --- Property classiﬁed under Patrick County State Class Code 4
(Commercial/Industrial).
Institutional Use --- Property classiﬁed under Patrick County State Class Codes 71
(Governmental - Federal), 72 (Governmental - State), 73 (Governmental - Regional), 74
(Governmental - Local), 75 (Governmental - Multiple), 76 (Nongovernmental - Religious), 77
(Nongovernmental - Charitable), 78 (Nongovernmental - Educational), or 79 (Nongovernmental
- Other).
IT --- Information Technology, computer systems and networks (as distinct from OT)
IVM --- Integrated Vegetation Management, sustainable approach to vegetation management
minimizing chemical use
kW --- Kilowatt, unit of power equal to 1,000 watts
kWh --- Kilowatt-hour, unit of energy equal to one kilowatt sustained for one hour
LEQ-60 --- Equivalent Continuous Sound Level measured over 60 minutes, noise measurement
standard
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Machinery and Tools Tax --- Local taxation of solar energy equipment classiﬁed as tangible
personal property under Virginia Code § 58.1-3507 and § 58.1-3508.5, assessed at the same
rate as the general class of tangible personal property (§ 8.3.3).
Medium-Scale Solar --- Solar installations with a nameplate capacity greater than 500 kW but
not exceeding 5 megawatts (MW). These installations require Virginia State Corporation
Commission (SCC) licensing but do not require a Certiﬁcate of Public Convenience and Necessity
(CPCN).
MW --- Megawatt, unit of power equal to 1,000,000 watts (1,000 kW)
MWh --- Megawatt-hour, unit of energy equal to one megawatt sustained for one hour
Name Plate Declaration Capacity --- Declared maximum capacity (in megawatts) of a facility (§
8.3.2).
National Electrical Code / NFPA / International Fire Code --- National safety and compliance
codes referenced (§ 6.3).
NEC --- National Electrical Code, set of regulations for safe electrical installation (NFPA 70)
NETA --- InterNational Electrical Testing Association, organization that certiﬁes electrical testing
technicians
NFPA --- National Fire Protection Association, organization that develops ﬁre safety codes and
standards (§ 6.3, § 6.4.2).
NIST --- National Institute of Standards and Technology, federal agency that develops
cybersecurity frameworks
NOAA --- National Oceanic and Atmospheric Administration, providing precipitation data for
infrastructure design (§ 6.9.3).
Noise (dBA) --- Post-construction limits: 50 dBA onsite / 45 dBA oﬀsite measured at property
lines (§ 8.2).
Novec 1230 --- Fire suppression agent (FK-5-1-12) used in clean agent ﬁre suppression systems
NRCS --- Natural Resources Conservation Service, providing technical standards for stormwater
modeling (§ 6.9.1).
OSHA --- Occupational Safety and Health Administration, federal agency responsible for
workplace safety standards (§ 4.10, § 4.10.1, § 6.6, § 8.2.1).
OT --- Operational Technology, hardware and software that monitors and controls physical
devices and processes
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Patrick County State Class Codes --- The property classiﬁcation system used by Patrick County
for taxation purposes, including: Class 1 (Single Family Residential - Urban), Class 2 (Single
Family Residential - Suburban), Class 3 (Multi Family Residential), Class 4
(Commercial/Industrial), Class 5 (Agriculture/Undeveloped 20-99 acres), Class 6
(Agriculture/Undeveloped 99+ acres), Class 71 (Governmental - Federal), Class 72
(Governmental - State), Class 73 (Governmental - Regional), Class 74 (Governmental - Local),
Class 75 (Governmental - Multiple), Class 76 (Nongovernmental - Religious), Class 77
(Nongovernmental - Charitable), Class 78 (Nongovernmental - Educational), and Class 79
(Nongovernmental - Other).
PBR --- Permit by Rule, a streamlined Virginia Department of Environmental Quality permitting
process for solar facilities ≤150 MW (§ 2.3.2).
PCRCR --- Pre-Construction Roadway Conditions Report, required assessment before equipment
mobilization (§ 6.4.4).
Perﬂuoroalkyl and Polyﬂuoroalkyl Substances (PFAS) --- A prohibited pollutant class deﬁned in
§ 6.1.
Permit by Rule (PBR) --- A streamlined Virginia Department of Environmental Quality permitting
process available for solar facilities with capacity of 150 MW or less, allowing construction to
proceed under predetermined environmental conditions without individual permit review.
PFAS --- Perﬂuoroalkyl and Polyﬂuoroalkyl Substances, a class of prohibited pollutant chemicals
(§ 6.1).
Phasing of Land Disturbance --- Sequencing of construction and grading operations (§ 6.8).
Pollutants --- Any listed or implied substance, solid or otherwise, causing harm (§ 6.1).
Priority Pollutant 14 Metals --- Arsenic, antimony, beryllium, cadmium, cadmium telluride,
chromium, copper, lead, mercury, nickel, selenium, silver, thallium, zinc (§ 8.1).
RCRA --- Resource Conservation and Recovery Act of 1976, federal law governing solid waste
disposal and hazardous waste management (§ 6.1).
Residential Use --- Property classiﬁed under Patrick County State Class Codes 1 (Single Family
Residential - Urban), 2 (Single Family Residential - Suburban), or 3 (Multi Family Residential).
Responsible Party --- Any person who: (a) owns any legal or equitable interest in real property
where solar energy facilities occur; (b) derives economic beneﬁt from solar energy activities on
the property, including but not limited to rent, lease payments, proﬁt-sharing, or increased
property value; (c) has the right to control or limit activities on the property through lease
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terms, covenants, or other agreements; (d) fails to include speciﬁc environmental compliance
requirements in lease agreements for solar energy activities (§ 1.2.3).
SARA --- Superfund Amendments and Reauthorization Act of 1986, federal law amending
CERCLA (§ 6.1).
SCADA --- Supervisory Control and Data Acquisition, industrial control system for monitoring
and controlling facility operations
SCC --- Virginia State Corporation Commission, the state agency responsible for regulating public
utilities and electric generation facilities (§ 2.2, § 2.3.1, § 2.3.2).
SCC Licensing --- Virginia State Corporation Commission licensing requirements for shared solar
facilities greater than 500 kW, including compliance with consumer protection provisions and
operational standards.
SDS --- Safety Data Sheets, utilizing the Hazard Communication Standard 16-section format for
chemical hazard information (§ 6.4.2, § 6.6).
SDS (Safety Data Sheets) --- Utilizing the format in the Hazard Communication Standard (HCS)
(29 CFR 1910.1200) utilizing the 16-section format (§ 6.4.2, § 6.6).
Setback Distances --- Minimum buﬀer requirements from dwellings, roads, wetlands, and
property lines (§ 4.1).
SGHAT --- Solar Glare Hazard Analysis Tool, FAA software for analyzing solar glare impacts
Silica / Silica-Related Dust --- Crystalline and amorphous dust compounds prohibited under §
6.1.
Site Stabilization --- Replanting and erosion-prevention procedures post-construction (§ 4.7-4.8,
§ 6.8).
Small-Scale Solar --- Solar installations with a nameplate capacity of 500 kilowatts (kW) or less.
Soil Testing --- Required soil sampling frequency and criteria under site and damage conditions
(§ 6.10-6.11).
SPE --- Special Purpose Entity, legal entity created for a speciﬁc limited purpose, often used to
isolate ﬁnancial risk
Special Exception --- A conditional land use allowed by BOS vote under deﬁned terms (§ 3.2).
Spores --- Reproductive bodies produced by fungi, designated as pollutants (§ 6.1).
Stormwater Pollution Prevention Plan (SWPPP) --- Required environmental plan (§ 4.7, § 6.1).
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SWMM --- Storm Water Management Model, EPA software for stormwater analysis
SWPPP --- Stormwater Pollution Prevention Plan, required environmental plan for construction
activities (§ 4.7, § 6.8.1).
TR-20 --- Technical Release 20, NRCS computer program for watershed hydrology
TR-55 --- Technical Release 55, NRCS method for estimating runoﬀ and peak discharges
TSCA --- Toxic Substances Control Act, federal law regulating chemical substances and mixtures
(§ 6.1).
UCC --- Uniform Commercial Code, speciﬁcally Chapter 8 § 511(c) regarding Creditor and
Entitlement Holder rights (§ 1.2.2, § 5.6).
Utility Scale and Merchant Scale Solar Facilities --- Ground-mounted solar systems designed to
serve properties other than those they occupy (§ 2, § 3, § 8).
Utility-Scale Solar --- Solar installations with a nameplate capacity greater than 5 MW. These
installations require Virginia State Corporation Commission (SCC) Certiﬁcate of Public
Convenience and Necessity (CPCN) and are subject to shared state and local authority.
VDOT --- Virginia Department of Transportation, state agency responsible for transportation
infrastructure and road permits (§ 6.4.1, § 6.4.3, § 6.4.4, § 8.2.1).
Viewshed --- Scenic areas and corridors protected from visual impact by solar and wind facilities
under designated protection standards (§ 7).
Virginia Century Farms --- Farms listed under Virginia Department of Agriculture & Consumer
Services requiring scenic protection (§ 7.5).
Virginia Department of Environmental Quality (DEQ) --- The Virginia state agency responsible
for environmental protection, including air quality, water quality, waste management, and
environmental compliance oversight.
Virginia State Corporation Commission (SCC) --- The Virginia state agency responsible for
regulating public utilities, including electric generation facilities, telecommunications, insurance,
railroads, motor carriers, and other businesses aﬀecting the public interest.
Visual Screen --- Natural or planted barrier required under viewshed protections and vegetation
plans (§ 4.4, § 4.8).
VOC --- Volatile Organic Compounds, carbon-containing chemicals that vaporize at room
temperature
Wildlife Passage --- Fence-limited access routes to maintain natural animal mobility (§ 4.10).
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§ 1 --- Decommissioning Requirements and Property Restoration
1.1 Deﬁnitions
As used in this section, unless the context requires a diﬀerent meaning:
"Decommission" means the removal and proper legal disposal of solar energy equipment,
facilities, or devices on real property that has been determined by Patrick County to be subject
to this section. "Decommission" includes the restoration of the real property upon which such
solar equipment, facilities, or devices are located, including:
•

(i) soil stabilization; and

•

(ii) in-kind revegetation of the ground cover of the real property disturbed by the
installation of such equipment, facilities, or devices.

"Solar energy equipment, facilities, or devices" means any personal property designed and
used primarily for the purpose of collecting, generating, servicing, accessing, transmitting, or
transferring electric energy from sunlight.
1.2 Contractual Requirements
As part of Patrick County's approval process or as a condition of approval of a site plan, Patrick
County shall require parties (the identiﬁed owner of the property in land records of Patrick
County, facilities owner, lessee, or developer of real property) subject to this section to enter
into an irrevocable binding written contractual agreement upon end-of-life cycle,
decommission, or repair and replacement to legally dispose of all solar energy equipment,
facilities, or devices upon the following terms and conditions:
1.2.1 Default and Entry Rights
If the party(s) that enters into such written contractual agreement with Patrick County defaults
or breaches the contractual obligations to legally dispose such equipment, facilities, or devices
in the timeframe set out in such contractual agreement, Patrick County has the right to enter
the real property of the owner (the identiﬁed owner of the property in land records of Patrick
County) of such property without further consent of such owner.
1.2.2 Financial Assurance Requirements
Parties shall provide ﬁnancial assurance prior to the issuance of any permits of such
performance to Patrick County in the form of a Conﬁrmed and Irrevocable Letter of Credit
(CILOC) or Cash Escrow (CE) based upon an estimate of a professional engineer licensed in the
Commonwealth of Virginia, who is engaged by the applicant and approved by Patrick County
with experience in preparing decommissioning estimates.
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In light of the changes to the Uniform Commercial Code (UCC) Chapter 8 § 511(c) in the
relationship of Creditor and Entitlement Holders rights, no other options are oﬀered at this
point in time.
Such estimate shall not exceed the total of the projected cost of decommissioning, which may
include but is not limited to:
•

The net salvage value of such equipment, facilities, or devices.

•

Plus a reasonable allowance for estimated administrative, legal and ﬁnancial losses and
costs related to a default of the owner, lessee, or developer.

•

An annual inﬂation factor as established by the Bureau of Labor Statistics (BLS) of the
Department of Labor but not less than an annual factor of 3.5% compounded annually.

1.2.3 Responsible Party Liability
1.2.3.1 Landowner Liability
(a) Landowners shall be jointly and severally liable with lessees/operators for:
•

All environmental violations occurring on the property.

•

Health and safety violations.

•

Remediation and cleanup costs.

•

Third-party damages arising from solar energy activities.

(b) No lease agreement, corporate structure, or contractual provision shall limit, eliminate, or
transfer landowner liability under this ordinance.
(c) Liability attaches regardless of landowner's level of involvement in day-to-day operations.
1.2.3.2 Mandatory Landowner Obligations
Prior to leasing property for solar energy use, landowners must:
•

Post environmental compliance bonds equal to 200% of estimated remediation costs.

•

Maintain comprehensive liability insurance naming the county as beneﬁciary.

•

Execute compliance agreements accepting joint responsibility for all violations.

•

Submit to ongoing monitoring and inspection authority by county oﬃcials.

1.2.3.3 Economic Interest Liability

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Any person receiving economic beneﬁt from solar energy activities, including rent exceeding ten
thousand dollars ($10,000.00) annually, property value increases, or proﬁt participation, shall be
deemed a responsible party regardless of operational involvement.
1.2.3.4 County Enforcement Authority
(a) The county may issue administrative orders directly to landowners requiring immediate
cessation of harmful activities.
(b) Daily penalties of one thousand dollars ($1,000.00) accrue against landowners for each day
of non-compliance.
(c) The county may perform remedial work and assess costs against the property as a lien.
(d) Landowner and Developer permits may be revoked for violations by lessees activating all
decommissioning procedures and or penalties under this ordinance.
1.3 Plan Updates and Transfers
The developer shall hire a professional engineer licensed in the Commonwealth of Virginia to
update the decommissioning plan cost estimate and corresponding approved ﬁnancial
instrument at the request of Patrick County but not greater than every three years after the
approval of the ﬁrst decommissioning plan to adjust for:
•

Inﬂation or deﬂation.

•

Advancements in technologies and processes for decommissioning, salvaging, or repowering of renewable energy facilities not to exceed the initially stated and contracted
project life cycle.

•

Any other necessary changes as determined by the Board of Supervisors of Patrick
County.

The decommissioning plan shall remove the facility's equipment from the identiﬁed owner of
the property in land records of Patrick County and return the property to a useful condition and
adjusted economic value equal to or greater than the preconstruction values and conditions
unless otherwise agreed to by the identiﬁed owner of the property in land records of Patrick
County.
After the decommissioning process is complete, the facility shall comply with all stormwater
provisions in Virginia state law.
1.3.1 Transfer Requirements

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The project shall provide an up-to-date decommissioning plan to Patrick County any time there
is project ownership outside of the current developer. Notice shall be provided to Patrick
County 45 days prior to the sale or transfer of the lease or property, and ﬁnancial assurances
equal to or exceeding those of the original Solar Developer shall be provided by the new
leaseholder or property owner thirty days prior to the closing or transfer.
§ 2 --- Small-Scale, Medium-Scale, and Utility-Scale Solar Installations
2.1 Small-Scale Solar Installations (≤ 500 kW)
An owner of property used for residential purposes may install a small-scale solar facility on the
roof of such dwelling or as a ground-mounted system to serve the electricity or thermal needs
of that property, provided that such installation is:
•

(i) in compliance with height and setback requirements established by Patrick County
ordinances where such property is located; and

•

(ii) in compliance with Patrick County historic, architectural preservation, or scenic
corridor protection ordinances where applicable.

An owner of property used for agricultural, commercial, industrial, or institutional purposes may
install a small-scale solar facility on the roof of buildings or as a ground-mounted system to
serve the electricity or thermal needs of that property upon which such facilities are located,
provided that such installation is:
•

(a) in compliance with height and setback requirements established by Patrick County
ordinances where such property is located; and

•

(b) in compliance with Patrick County historic, architectural preservation, or scenic
corridor protection ordinances where applicable.

2.1.1 Surplus Electricity Sales
Property owners with small-scale solar installations may sell surplus electricity to utility
providers in accordance with:
•

(i) private contractual agreements between the property owner and the utility provider;

•

(ii) applicable Virginia State Corporation Commission net metering regulations;

•

(iii) utility interconnection standards and requirements; and

•

(iv) all applicable federal and state regulatory requirements.

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Such surplus electricity sales shall not subject the installation to medium-scale or utility-scale
provisions of this ordinance, provided the installation remains at or below 500 kW nameplate
capacity and primarily serves the on-site property.
Exception: Any solar facility that is designed to serve, or serves, the electricity or thermal needs
of any property other than the property where such facilities are located, shall be subject to the
Medium-Scale or Utility-Scale provisions of this solar ordinance.
Note: Small-scale solar installations below 500 kW do not require Virginia State Corporation
Commission licensing and remain under primary Patrick County regulatory authority.
2.2 Medium-Scale Solar Installations (> 500 kW but ≤ 5 MW)
Medium-scale solar installations require approval by special use permit from the Patrick County
Board of Supervisors and must comply with all applicable provisions of this ordinance. These
installations require Virginia State Corporation Commission (SCC) licensing but do not require a
Certiﬁcate of Public Convenience and Necessity (CPCN).
An owner of property used for agricultural purposes may install a medium-scale solar facility
provided that:
•

(i) the installation primarily serves the electricity or thermal needs of agricultural
operations on that property;

•

(ii) the installation is in compliance with height and setback requirements established by
Patrick County ordinances;

•

(iii) the installation is in compliance with Patrick County historic, architectural
preservation, or scenic corridor protection ordinances where applicable;

•

(iv) a special use permit is obtained from the Board of Supervisors; and

•

(v) all applicable SCC licensing requirements are met.

An owner of property used for commercial, industrial, or institutional purposes may install a
medium-scale solar facility provided that:
•

(a) the installation primarily serves the electricity or thermal needs of operations on that
property;

•

(b) the installation is in compliance with height and setback requirements established by
Patrick County ordinances;

•

(c) the installation is in compliance with Patrick County historic, architectural
preservation, or scenic corridor protection ordinances where applicable;
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•

(d) a special use permit is obtained from the Board of Supervisors; and

•

(e) all applicable SCC licensing requirements are met.

Exception: Any medium-scale solar facility that is designed to serve, or serves, the electricity or
thermal needs of any property other than the property where such facilities are located, shall
be subject to the Utility-Scale provisions of this solar ordinance.
Regulatory Note: Installations greater than 1 MW require Federal Energy Regulatory
Commission (FERC) Form 556 ﬁling in addition to state requirements.
2.3 Utility-Scale Solar Installations (> 5 MW)
2.3.1 Authorization Requirements
Patrick County by a majority vote of the Board of Supervisors (BOS) may authorize installation of
Utility-Scale Solar Facilities through special use permits provided that all provisions of this
ordinance are in compliance by the Solar Developer or its successor or agents.
All utility-scale solar installations are subject to the comprehensive requirements set forth in
Sections 3 through 8 of this ordinance.
Regulatory Authority: Utility-scale solar installations require Virginia State Corporation
Commission (SCC) Certiﬁcate of Public Convenience and Necessity (CPCN) and are subject to
shared state and local regulatory authority. Patrick County retains authority over local land use
impacts, environmental protections, and decommissioning requirements as established in this
ordinance.
2.3.2 State and Federal Compliance Requirements
All utility-scale solar installations must demonstrate compliance with:
•

Virginia State Corporation Commission Certiﬁcate of Public Convenience and Necessity
(CPCN) requirements.

•

Federal Energy Regulatory Commission (FERC) ﬁling requirements for installations
greater than 1 MW.

•

Virginia Department of Environmental Quality Permit by Rule (PBR) process for
installations ≤ 150 MW.

•

All applicable federal, state, and local environmental regulations.

2.3.3 Permit Requirements

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Patrick County will require the identiﬁed owner of the property in land records of Patrick
County, facilities owner, lessee, or developer of real property or an authorized agent or
authorized contractor to apply for permits pursuant to the Uniform Statewide Building Code (§
36-97 et seq.) for all construction, operation, and decommissioning activities.
2.4 Private Agreement Preservation
Nothing in this section shall be construed to supersede or limit contracts or agreements
between or among individuals or private entities related to the use of real property, including:
•

Recorded declarations and covenants.

•

Provisions of condominium instruments of a condominium created pursuant to the
Virginia Condominium Act (§ 55.1-1990 et seq.).

•

Declaration of a common interest community as deﬁned in § 54.1-2345.

•

Cooperative instruments of a cooperative created pursuant to the Virginia Real Estate
Cooperative Act (§ 55.1-2100 et seq.).

•

Any declaration of a property owners' association created pursuant to the Property
Owners' Association Act (§ 55.1-1800 et seq.).

2.5 General Compliance Requirements
All solar installations, regardless of scale, must comply with:
•

Applicable Patrick County ordinances and regulations.

•

Virginia Uniform Statewide Building Code requirements.

•

National Electrical Code standards.

•

Federal, state, and local environmental regulations.

•

All safety and emergency access requirements as determined by Patrick County.

§ 2.3.4 State Corporation Commission Coordination
2.3.4.1 CPCN Application Timing
- Applicants must notify Patrick County within 15 days of ﬁling SCC CPCN
application
- Patrick County shall have 90 days to provide comments to SCC on local impacts
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- Local special use permit process may proceed concurrently with SCC review
2.3.4.2 Conﬂict Resolution
- If SCC grants CPCN but local conditions diﬀer, applicant must demonstrate
compliance with BOTH sets of requirements
- Where state and local requirements conﬂict, the more protective requirement
shall apply
- Patrick County reserves right to impose additional conditions addressing local
impacts not considered in SCC proceeding
2.3.4.3 SCC Permit Submission
- Copy of SCC CPCN and all conditions must be submitted to County before local
permit issuance
- Any modiﬁcations to SCC permit must be reported to County within 30 days

§ 2.3.5 DEQ Permit by Rule Coordination
2.3.5.1 PBR Application Documentation
All applicants pursuing DEQ Permit by Rule must submit to Patrick County:
- Copy of complete PBR application submitted to DEQ
- All environmental assessment documents
- Stormwater management plans
- Air quality certiﬁcations
- Notice of any DEQ public comment periods
2.3.5.2 Concurrent Review Process
- Patrick County may conduct independent environmental review
- County review standards may be more protective than DEQ PBR requirements
- Applicant must satisfy both DEQ PBR and Patrick County ordinance
requirements
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2.3.5.3 DEQ Violation Reporting
- Any DEQ notice of violation, stop work order, or enforcement action must be
reported to County within 24 hours
- County reserves right to suspend local permits pending DEQ compliance
resolution

§ 2.4 Electric Utility Interconnection Requirements
2.4.1 Interconnection Agreement
Prior to construction authorization, applicant must submit to Patrick County:
- Copy of executed interconnection agreement with serving electric utility
- All utility impact studies (system impact study, facilities study, etc.)
- Technical speciﬁcations for interconnection equipment
- Utility approval of interconnection design
- Schedule for interconnection construction and testing
2.4.2 Grid Impact Considerations
Applicant must demonstrate:
- Facility will not adversely aﬀect electric service to other customers
- Adequate transmission capacity exists for project output
- Voltage regulation and power quality maintained
- Protection systems coordinated with utility systems
- Any required grid upgrades identiﬁed and addressed
2.4.3 Interconnection Equipment Requirements
- All interconnection equipment must meet utility speciﬁcations
- Equipment must comply with IEEE 1547 standards
- Anti-islanding protection required
- Remote monitoring and control capability as required by utility
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- Substation or interconnection point adequately screened/fenced
2.4.4 Utility Coordination During Construction
- Notify utility 30 days before beginning construction
- Coordinate energization testing with utility
- Provide utility access for inspection and testing
- Obtain utility approval before parallel operation with grid
2.4.5 Ongoing Utility Coordination
- Maintain current interconnection agreement throughout project life
- Notify County within 30 days of any interconnection agreement modiﬁcations
- Coordinate any facility changes aﬀecting interconnection with utility
- Report any interconnection-related outages or issues to County
§ 3 --- Energy Storage Projects and Components
3.1 Deﬁnitions and Scope
In this section:
"Energy storage project" means Battery Energy Storage System (BESS) and technology within an
energy storage project that is capable of absorbing energy, storing such energy for a period of
time, and redelivering such energy after it has been stored.
"Solar photovoltaic project" means a ground-mounted utility scale or merchant utility scale
solar facility that is designed to serve, or serves, the electricity or thermal needs of any property
other than the property where such facilities are located or any reseller of electricity or thermal
needs.
3.2 Special Exception Requirements
In the issuance of a special exception, a variance from these ordinances criteria may be
implemented only with a majority vote of the Patrick County Board of Supervisors (BOS).
3.3 Compliance Requirements
Nothing in this section shall be construed to relieve projects of the responsibility to comply with
all relevant and applicable federal, state, and local laws, statutes, ordinances and regulations
inclusive of Patrick County's Solar Ordinance.

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Nothing in this section shall require the Patrick County BOS to approve a special exception
application.

§ 3.4 Battery Energy Storage System Fire Protection
3.4.1 Fire Suppression System Design
All BESS installations must include:
- Automatic ﬁre detection and suppression systems compliant with NFPA 855
- Thermal runaway detection with early warning capability
- Multi-stage suppression: detection, alarm, automatic suppression activation
- Fire suppression systems designed for lithium-ion battery ﬁres speciﬁcally
3.4.2 Suppression Agent Requirements
- For indoor BESS: Clean agent suppression systems (FM-200, Novec 1230, or
equivalent)
- For outdoor BESS: May use water-based systems with thermal monitoring
- Suppression system must be capable of controlling thermal runaway
propagation
- Minimum 15-minute suppression capability per module
3.4.3 Module Spacing and Containment
- Minimum 10-foot separation between BESS container modules
- Fire-rated barriers between modules where spacing is reduced
- Containment systems to prevent thermal runaway propagation
- Emergency ventilation systems to exhaust toxic gases
3.4.4 Detection and Monitoring
- Temperature monitoring at cell, module, and system levels
- Oﬀ-gas detection for early thermal runaway warning
- Smoke detection integrated with building ﬁre alarm systems
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- Remote monitoring with 24/7 notiﬁcation capability
3.4.5 System Inspection and Testing
- Annual inspection of ﬁre suppression systems by qualiﬁed ﬁre protection
engineer
- Quarterly functional testing of detection systems
- Suppression system discharge testing per manufacturer requirements
- Documentation maintained and provided to County Fire Marshal

§ 3.5 Battery Energy Storage System Electrical Safety
3.5.1 Emergency Shutdown Systems
- Clearly marked emergency shutdown (E-stop) at each BESS enclosure
- Remote shutdown capability accessible to ﬁre/emergency personnel
- Shutdown system must interrupt all electrical connections to battery system
- Manual override capability for emergency personnel
3.5.2 Fire Service Disconnects
- Rapid shutdown disconnect at approved location accessible from ﬁre lanes
- Disconnect location marked with reﬂective signage visible from 50 feet
- Disconnect must be lockable in open position
- Weatherproof disconnect enclosures with permanent labeling
3.5.3 Electrical Labeling and Marking
- All BESS enclosures labeled with NFPA 704 placards indicating:
- Energy storage type (lithium-ion, etc.)
- Energy capacity in kWh
- Voltage level and DC warning
- Emergency contact information 24/7
- Arc ﬂash hazard labels per NFPA 70E
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- Energized equipment warning labels at all access points
3.5.4 Electrical Protection Systems
- Ground fault detection and interruption
- Overcurrent protection devices at battery module and system levels
- Isolation devices to segment battery systems during faults
- Compliance with NEC Article 706 for energy storage systems

§ 3.6 Battery Energy Storage System Thermal Management
3.6.1 Cooling System Requirements
- Active thermal management system maintaining battery temperature within
manufacturer speciﬁcations
- Redundant cooling capability (N+1 minimum)
- Automatic failover to backup cooling on primary system failure
- High-temperature alarm and automatic shutdown at critical thresholds
3.6.2 Ventilation Systems
- Mechanical ventilation for indoor BESS installations
- Ventilation capacity suﬃcient to exhaust oﬀ-gases from thermal runaway event
- Air changes per hour (ACH) as required by NFPA 855
- Emergency exhaust activation on thermal event detection
3.6.3 Temperature Monitoring and Control
- Continuous temperature monitoring at cell, module, and ambient levels
- Temperature alarm thresholds:
- Warning: manufacturer speciﬁcation +5°C
- Critical alarm: manufacturer speciﬁcation +10°C
- Automatic shutdown: manufacturer speciﬁcation +15°C
- Temperature data logging with minimum 1-year retention
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- Remote temperature monitoring with alert notiﬁcation
3.6.4 Cooling System Failure Response
- Automatic battery system de-energization on cooling system failure
- Notiﬁcation to facility operator and County within 1 hour of cooling failure
- Backup power for cooling systems from independent source

§ 3.7 Battery Energy Storage System Gas Detection
3.7.1 Gas Detection Requirements
All BESS installations must include:
- Multi-gas detection systems monitoring for:
- Hydrogen ﬂuoride (HF)
- Carbon monoxide (CO)
- Volatile organic compounds (VOCs)
- Combustible gas (Lower Explosive Limit monitoring)
- Gas detectors positioned per NFPA 855 guidelines
- Continuous monitoring with data logging
3.7.2 Detection Response and Alarms
- Audible and visual alarms on gas detection exceeding threshold limits
- Automatic ventilation activation on gas detection
- Remote alarm notiﬁcation to facility operator and emergency services
- Automatic system shutdown on high-level gas detection
3.7.3 Air Quality Monitoring
- Ambient air quality monitoring at site perimeter during operation
- Increased monitoring frequency during charging/discharging cycles
- Baseline air quality assessment before BESS commissioning
- Annual air quality reports submitted to Patrick County
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3.7.4 Emergency Response for Gas Release
- Immediate notiﬁcation to Patrick County Emergency Services on signiﬁcant gas
release
- Shelter-in-place notiﬁcation protocol for nearby residences if applicable
- Post-incident air quality testing before facility restart
- Incident report to County within 48 hours documenting:
- Gas type and estimated quantity released
- Duration of release
- Weather conditions during release
- Remedial actions taken
- Preventive measures to avoid recurrence

§ 3.8 Battery Energy Storage System Hazardous Materials
3.8.1 Hazardous Materials Inventory
- Maintain complete inventory of hazardous materials in BESS:
- Battery chemistry and electrolyte composition
- Cooling ﬂuids and thermal management chemicals
- Fire suppression agents
- Quantities of each material
- Update inventory annually and submit to County Fire Marshal
- Tier II reporting compliance if threshold quantities exceeded
3.8.2 Secondary Containment
- Spill containment systems for liquid-cooled BESS installations
- Containment capacity: 110% of largest vessel or cooling system volume
- Impervious containment materials compatible with stored chemicals
- Leak detection systems in containment areas
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3.8.3 Damaged Battery Protocols
- Quarantine area for damaged or failed battery modules
- Fire-rated storage for damaged batteries with thermal monitoring
- Maximum 30-day storage of damaged batteries on-site
- Approved disposal through licensed hazardous waste transporter
- Chain of custody documentation for all damaged battery disposal
3.8.4 Emergency Spill Response
- On-site spill response equipment appropriate for battery electrolyte
- Trained personnel available during all operational hours
- Spill response plan approved by County Emergency Services
- Immediate notiﬁcation to County on spills exceeding reportable quantities
§ 4 --- General Construction Parameters and Considerations
4.1 Setback Distance Requirements
Setback distances shall be measured from the nearest edge of the solar equipment as follows:
•

300 feet from the nearest point on the outer wall of existing occupied community
buildings and dwellings on non-participating properties.

•

Between 200 and 300 feet from the outside edge of the roadbed of any statemaintained road abutting the property.

•

Between 200 and 300 feet from the edge of wetlands and streams.

•

300 feet measured from the nearest shared property line for nonparticipating
properties.

Waiver Provision: Nothing in this section shall preclude the owner of a nonparticipating
property from waiving the foregoing setback requirements by written agreement.
Internal Boundaries: Setbacks shall not be required for internal boundaries between adjacent
participating parcels.
4.2 Fencing Requirements
Fencing for the solar energy facility must comply with:

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•

§ 55.1-2804.

•

The latest version of the National Electrical Safety Code or any applicable successor
standard regarding requirements for limiting access to Solar Facilities.

•

The Uniform Statewide Building Code (§ 36-97 et seq.).

Visual Screening: Vegetative visual screening requirements shall not be required to exceed
between three and four feet at planting and shall allow for consideration of preexisting natural
or manmade visual barriers.
4.3 Height Restrictions
The height of solar panels shall not exceed a maximum height of 25 feet above ground when
the arrays are at full tilt.

4.4 Visual Impact Mitigation
Visual impacts of solar facilities on public parks, scenic rivers and byways, and historic structures
or sites listed on or eligible for the National Register of Historic Places or a County Register of
Historic Places, shall be minimized.
Patrick County may request a viewshed analysis as part of the special exception application to
assure that visual impacts are minimized through:
•

Solar panel placement.

•

Height considerations.

•

Landscaping.

•

Screening.

Such analysis shall account for existing vegetation and planned visual buﬀers. Such screening
may be accomplished on any property with the consent of the identiﬁed owner of the property
in land records of Patrick County.
4.5 Lighting Requirements
The Solar Energy Facility shall implement light intensity dimming solution technology that
provides a means of tailoring the intensity level of lights according to surrounding visibility.
4.6 Impervious Surface Minimization

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The Solar Energy Facility shall minimize new impervious surface on the site and under its solar
panels.
4.7 Land Disturbance and Stormwater Management
Land disturbance, including site grading, construction, and landscaping, shall be conducted in
compliance with a Stormwater Pollution Prevention Plan and conform to the Department of
Environmental Quality (DEQ) stormwater regulations as established in 9VAC25-880.
4.7.1 Topsoil Requirements
•

Topsoil shall not be removed from the project site nor buried or otherwise disposed.

•

Topsoil shall be returned to disturbed areas from stockpiles as quickly as site conditions
allow, unless returning soil would cause adverse impacts to topsoil integrity, for
construction activities.

4.7.2 Site Stabilization Timeline
Site stabilization shall occur as the site is developed, following appropriate stabilization
timelines as identiﬁed in the General Permit for Discharges of Stormwater from Construction
Activities as issued by the DEQ, and shall not be delayed until site construction is completed.
The facility shall uncompact soil as necessary for re-vegetation after construction has concluded.
4.8 Permanent Stabilization and Vegetation Requirements
When all land-disturbing activities at the construction site have been completed, the facility
shall initiate permanent stabilization to provide vegetative ground cover that provides a
minimum level of coverage over the project site.
At the discretion of Patrick County, an issued requirement may require up to 75 percent
vegetative cover with no signiﬁcant bare areas that is mature enough to survive and will inhibit
erosion.
4.8.1 Plant Species Requirements
•

The use of native vegetative plants shall be required.

•

Invasive plants to Patrick County shall be prohibited.

•

For projects or portions of projects not used for animal grazing, co-located crop
production, native pollinator plant species, or native meadow species shall be planted,
except for in the area directly beneath panels, and maintained throughout the Solar
Project's life.

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•

The seed mix shall include a diversity of species with varied bloom times.

•

Set back distance ﬁfty (50) feet.

4.8.2 Maintenance Requirements
•

Mowing shall be limited and performed on a schedule that promotes the establishment
of the native plantings, controls invasive species, and minimizes impacts to wildlife.

•

All trees and shrubs at the time of planting must accommodate adequate screening or
buﬀering by the end of between four and ﬁve years of planting.

•

Vegetation used to establish a visual screen shall not be trimmed to stunt upward and
outward growth or to otherwise limit the eﬀectiveness of the visual screen.

4.9 Wildlife Passage Requirements
The Solar Energy Facility shall provide for wildlife passage where needed by limiting fencing to
the areas in reasonable proximity to arrays and interconnection equipment to the extent
practicable and consistent with safety and security requirements.
The facility shall prioritize open wildlife access to riparian areas, wetlands, streams, and other
areas not in proximity to panels.
4.10 Labor and Safety Compliance
The Solar Energy Facility shall comply with all applicable state and federal labor and
employment laws and Occupational Safety and Health Administration (OSHA) requirements,
including apprenticeships and labor standards necessary to achieve any relevant tax credit
bonuses found in 26 U.S.C. §§ 45Y and 48E or future legislation.
4.10.1 OSHA Certiﬁcation Requirements
•

All on-site employees of contractors and subcontractors shall be in possession of an upto-date OSHA 10-hour card.

•

On-site supervisors shall be in possession of an up-to-date OSHA 30-hour card.

4.11 Additional County Requirements
Patrick County shall require, in addition to conformities to pages 1 and 2 items 1, 2 and 3, a
Solar Developer or its successor or agents to enter into a written agreement to decommission
solar energy equipment, facilities, or devices pursuant to sections 1.1 through 1.3 and § 15.22241.2.
4.11.1 Conditional Improvements
Page 28 of 66

Page 154 of 154

Document 002

February 17, 2026

Patrick County may grant a condition that includes:
•

(i) Dedication of real property of substantial value; or

•

(ii) Substantial cash payments for construction of substantial public improvements, the
need for which is not generated solely by the granting of a special use permit, so long as
such conditions are reasonable by Patrick County related to the project.

4.11.2 Continuation of Conditions
Once a condition is granted pursuant to subsection B, such condition shall continue in eﬀect
until a subsequent amendment of Patrick County ordinances changes the classiﬁcation on the
property for which the conditions were granted. However, such conditions shall continue if the
subsequent amendment is part of a comprehensive implementation of a new or substantially
revised ordinance.

§ 4.12 Ongoing Safety Inspections
4.12.1 An

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