On the agenda: King George meeting — Data Center (May 30)

AGENDA

Joint Work Session of the
King George County Board of Supervisors and King George
County Planning Commission
Tuesday, May 30, 2023 at 6:00 p.m.

CALL TO ORDER
• Board of Supervisors – Chairman Granger
• Planning Commission – Chairman Moss
AMENDMENTS TO THE AGENDA
PUBLIC COMMENT
• Comments will be limited to three minutes per person, in order to afford everyone
an opportunity to speak. If comments relate to a specific public hearing item, we ask
that you offer those comments at the time of the public hearing.
PRESENTATION BY THE BERKLEY GROUP
• Battery Storage Facilities
• Power Plants
ADJOURNMENT
• Board of Supervisors to Tuesday, June 6, 2023
• Planning Commission to Tuesday, June 13, 2023

Those interested in attending this meeting who may have a need for an interpreter or hearing assistance equipment due to a hearing
impairment should please contact our office at 540-775-9181 (TDD 540-775-2049) by noon on the Friday before the meeting.
A final agenda with all supporting documentation will be available on the county’s website at www.kinggeorgecountyva.gov.

King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems

Battery Energy Storage Systems (BESS)
King George staff requested a review of battery storage system standards, including benchmark communities. Specific concerns included
the following items: appearance and screening, safety provisions, and environmental considerations.
The Berkley Group has conducted a review of the existing ordinance text relating to battery energy storage, best practices, Code of
Virginia, and several communities and summarized the information below. This information will be presented and offered for further
discussion opportunity during the work session.
Industry Overview and Best Practices
•

The term “energy storage” applies to a diverse set of technologies that can store energy at one time and make it available during
another. Storage technologies range in size, modularity, application, electrical performance characteristics, cost, time to construct,
locational flexibility, storage duration provided, grid services offered, and the way in which they operate.

•

Electrochemical energy storage technologies, particularly battery energy storage systems (BESS), are growing rapidly (by more than
1,200% between 2016 and 2021) and already play a crucial role in enhancing the electrical grid by supporting the deployment and
integration of renewable energy sources.

•

The growth of variable renewable energy (VRE) sources, such as solar and wind, calls for a more flexible energy system to ensure
that the VRE sources are integrated in an efficient and reliable manner. Battery energy storage systems are emerging as one of the
potential solutions to increase system flexibility, due to their unique capability to quickly absorb, hold and then reinject electricity.
According to the Energy Storage Association of North America, market applications are commonly differentiated as: in-front of the
meter (FTM) or behind-the-meter (BTM).

•

o

FTM batteries are connected to distribution or transmission networks or in connection with a generation asset. They
provide applications required by system operators, such as ancillary services or network load relief.

o

BTM batteries are interconnected behind the utility meter of commercial, industrial or residential customers, primarily
aiming at electricity bill savings through demand-side management.

Electrochemical energy storage technologies include numerous battery technologies that vary in energy density, power
performance, cost, and charging durations — among other attributes. The two main categories of batteries are solid state batteries
and flow batteries.
o

Solid state batteries are batteries in which chemical energy is stored in solid-based electrodes. Examples include lead acid
(e.g. traditional car batteries) and lithium ion (e.g. computer/cell phone batteries and electric vehicle batteries).

o

Flow batteries store energy in liquid electrolyte (an anolyte and a catholyte) solutions, which are pumped through a cell
to produce electricity. Flow batteries are advantageous for their storage capacity, fast charging and discharging times, and
long cycle life

•

Utility-scale battery storage systems have a typical storage capacity ranging from around a few megawatt-hours (MWh) to hundreds
of MWh. Different battery storage technologies, such as lithium-ion (Li-ion), sodium sulphur and lead acid batteries, can be used
for grid applications. However, in recent years, most of the market growth has been seen in Li-ion batteries due to their decreasing
costs, compact size, quick recharge times, and support for wireless charging, along with their use in electric vehicles. They can also
be less toxic to the environment than lead-acid batteries as long as they are recycled or disposed of properly.

•

Land Use and Zoning Considerations:
o

Screening: In many instances, walls, fences, building façade design, and other features can be utilized to screen an energy
storage project or blend it in with its surroundings; however, certain siding materials or enclosures may pose safety risks
around battery energy storage systems. In these cases, setbacks and landscape buffers may be needed to appropriately
screen these facilities.

o

Sound: Sound levels may vary depending on the scale and type of facility; however, noise impacts akin to other industrial
uses (and as discussed at the April 25, 2023 work session) should be considered.
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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
o

Signage: Warning signage should be provided on entrances to BESS facilities and on BESS outdoor containers. Signage
standards are typically ANSI Z535 and/or NFPA 70.

o

Setbacks and Spacing: Spacing between battery-related units and equipment should be at least 5 feet, with at least 10 feet
for egress. Additional spacing may be necessary depending on the type of installation and proximity to combustible
materials. For the purposes of compatibility and screening from adjacent properties and roadways, increased setbacks
from the property line should be encouraged.

o

Fencing: Security barriers, fences, and other enclosures are often utilized to prevent access into dangerous high voltage
areas. For safety purposes, fencing and enclosures must not inhibit the required air flow to or exhaust from the BESS and
related components. Incorporating ventilation breaks in walls and placing security fencing behind landscape buffers can
help ensure that security fencing is adequate without negatively impacting the surrounding community character.

o

Vegetation: Areas within 10 feet of outdoor BESS containers and related equipment must be cleared of combustible
vegetation. Vegetated buffers can be encouraged around the site perimeter (in a safe proximity to BESS equipment) to
adequately screen facilities from view.

o

Fire Safety: Ensuring safety and compliance with relevant building and fire codes/standards is crucial in the manufacturing,
construction, installation, and operation of BESS.
▪

Explosion Protection/Prevention: If there are enough batteries in a room to create an explosive atmosphere, then
explosion prevention systems or deflagration venting should be installed per the Virginia Statewide Fire
Prevention Code and National Fire Protection Association (NFPA) standards.

▪

Fire Suppression System: Testing has shown water to be the most effective medium for cooling an BESS fire. A
sprinkler system that complies with NFPA 13, Standard for the Installation of Sprinkler Systems, should be
installed in buildings where a BESS is installed.

▪

Battery Management System: A system that monitors, controls, and optimizes performance of an individual or
multiple battery modules in a BESS and can control the disconnection of the module(s) from the system in the
event of abnormal conditions.

▪

Spacing: BESS units should be grouped into small segments limited to certain kilo-watt hours (kWh) and spaced
from other segments and walls to prevent horizontal propagation.

▪

First Responders: Ensure first responders have the proper training to help keep them safe when responding to
an incident involving BESS technology.

Code of Virginia
•

Code of Virginia, § 15.2-2280, authorizes localities to adopt zoning provisions that advance and protect the health, safety, and
welfare of the community.

•

Code of Virginia, § 15.2-2286, authorizes localities to adopt provisions to incorporate generally accepted national environmental
protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy)
projects, such as those developed for existing product certifications and standards including the National Sanitation
Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of
Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2.

•

20VAC5-335 regulates the deployment of energy storage, establishing permitting and licensing procedures for Phase I and II Utilities
as well as non-utility energy storage facilities, and registration of storage aggregators.

Comparison Communities
•

The table on the following page(s) provides highlights of BESS regulations and standards from three localities:
o
o

o

Virginia Beach
Hanover County
Prince George County
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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic
Definitions

Virginia Beach

Hanover County

Prince George County

Article 1, Section 111
Energy storage facility. Energy
storage equipment or technology
that can absorb energy, store such
energy for a period of time, and
redeliver energy after it has been
stored. This term includes battery
storage facilities.

Article 5, Division 8, Section 26-292.1
• Battery(ies): A single cell or a
group of cells connected together
electrically in series, in parallel, or
a combination of both, which can
charge, discharge, and store
energy electrochemically. For the
purposes of this article, batteries
utilized in consumer products are
excluded from these
requirements.

Article 13, Section 90-1042(c)
• Battery(ies) means a single cell or
a group of cells connected
together electrically in series, in
parallel, or a combination of both,
which can charge, discharge, and
store energy electrochemically.
For the purposes of this law,
batteries utilized in consumer
products are excluded from these
requirements.

• Battery energy storage system:
One (1) or more devices,
assembled together, capable of
storing energy in order to supply
electrical energy at a future time,
not to include a stand-alone 12volt car battery or an electric
motor vehicle. A battery energy
storage system is classified as a
Tier 1 or Tier 2 battery energy
storage system as follows:

• Battery energy storage
management system means an
electronic system that protects
energy storage systems from
operating outside their safe
operating parameters and
disconnects electrical power to
the energy storage system or
places it in a safe condition if
potentially hazardous
temperatures or other conditions
are detected.

o Tier 1 battery energy storage
systems have an aggregate
energy capacity less than or
equal to six hundred (600) kWh
for onsite use only and, if in a
room or enclosed area, consist
of only a single energy storage
system technology.
o Tier 2 battery energy storage
systems have an aggregate
energy capacity greater than six
hundred (600) kWh or are
comprised of more than one
(1) storage battery technology
in a room or enclosed area.
• Cell: The basic electrochemical
unit, characterized by an anode
and cathode, used to receive,
store, and deliver electrical
energy.
• Dedicated-use building: A building
that is built for the primary
intention of housing battery
energy storage system
equipment, as defined in the
latest adopted editions of the
Virginia Uniform Statewide

• Battery energy storage system
means one or more devices,
assembled together, capable of
storing energy in order to supply
electrical energy at a future time,
not to include a stand-alone 12volt car battery or an electric
motor vehicle. A battery energy
storage system is classified as a
tier 1 or tier 2 battery energy
storage system as follows:
o Tier 1 battery energy storage
systems have an aggregate
energy capacity less than or
equal to 600 kWh and, if in a
room or enclosed area, consist
of only a single energy storage
system technology.
o Tier 2 battery energy storage
systems have an aggregate
energy capacity greater than
600 kWh or are comprised of
more than one storage battery
technology in a room or
enclosed area.

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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic
Definitions

Virginia Beach

Hanover County

Prince George County

Building Code ("Uniform Code")
and the International Building
Code, and complies with the
following:

• Cell means the basic
electrochemical unit,
characterized by an anode and
cathode, used to receive, store,
and deliver electrical energy.

o The building's only use is
battery energy storage, energy
generation, and other
electrical grid-related
operations.
o No other occupancy types are
permitted in the building.
o Occupants in the rooms and
areas containing battery
energy storage systems are
limited to personnel that
operate, maintain, service,
test, and repair the battery
energy storage system and
other energy systems.
o Administrative and support
personnel are permitted in
areas within the buildings that
do not contain battery energy
storage system, provided the
following:
▪ The areas do not occupy
more than ten (10) percent
of the building area of the
story in which they are
located.
▪ A means of egress is
provided from the
administrative and support
use areas to the public way
that does not require
occupants to traverse
through areas containing
battery energy storage
systems or other energy
system equipment.

• Commissioning means a
systematic process that provides
documented confirmation that a
battery energy storage system
functions according to the
intended design criteria and
complies with applicable code
requirements.
• Dedicated-use building means a
building that is built for the
primary intention of housing
battery energy storage system
equipment, is classified as Group
F-1 occupancy as defined in the
latest adopted editions of the
Virginia Uniform Statewide
Building Code ("USBC") and the
International Building Code, and
complies with the following:
o The building's only use is
battery energy storage, energy
generation, and other electrical
grid-related operations.
o No other occupancy types are
permitted in the building.
o Occupants in the rooms and
areas containing battery energy
storage systems are limited to
personnel that operate,
maintain, service, test, and
repair the battery energy
storage system and other
energy systems.
o Administrative and support
personnel are permitted in
areas within the buildings that
do not contain battery energy
storage system, provided the
following:
▪ The areas do not occupy
more than ten percent of

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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic

Virginia Beach

Hanover County

Prince George County

Definitions

Use Permission

Use Standards

Setbacks

the building area of the story
in which they are located.

Conditional Use:
• I-1 – Light Industrial District
• I-2 – Heavy Industrial District

Use standards are stated in Article 2,
Division C, Section 225.02 and
highlights are provided below.
Sec. 225.02(b)(5)
A one-hundred-foot setback for
buildings and battery cabinet
containers shall be required along all
lot lines.

▪ A means of egress is
provided from the
administrative and support
use areas to the public way
that does not require
occupants to traverse
through areas containing
battery energy storage
systems or other energy
system equipment.
Tier 1
Permitted in all zoning districts.

Tier 1
Permitted in all zoning districts, as
accessory to a permitted use.
Tier 2
Conditional Use:
• A-1 – Agricultural
• M-1 – Limited Industrial
• M-2 – Light Industrial
• M-3 – Heavy Industrial
Use standards are stated in Article 5,
Division 8, Section 292.1 – 292.4 and
highlights are provided below.
Tier 1 – Section 26-292.3(a)
Setbacks shall be determined by
Article 5, Section 2 of the Zoning
Ordinance.

Not addressed/subject to underlying
zoning district.

Tier 1
Not addressed/subject to underlying
zoning district.
Tier 2 – Section 90-1042(g)(8)(a)
Tier 2 battery energy storage
systems shall comply with the
setback requirements of the
underlying zoning district for
principal structures or 100 feet,
whichever is greatest.

Tier 2 – Section 26-292.4(a)
Tier 2 battery energy storage
systems shall comply with the
setback requirements of the
underlying zoning district for
principal structures.

Lot Size

Tier 2
Special Exception:
• A-1 – Agricultural
• R-A – Residential Agricultural
• M-1 – Limited Industrial
• M-2 – General Industrial
• M-3 – Heavy Industrial
Use standards are stated in Article
13, Section 90-1042.

• Front - ranges from 35-125’
• Side - ranges from 10-25'
• Rear - ranges from 25-40’
Not addressed for Tier 1 or 2/subject
to underlying zoning district.

Tier 1
Not addressed/subject to underlying
zoning district.

Tier 2 – Section 90-1042(g)(8)(b)
Tier 2 battery energy storage
systems shall have a minimum lot
size of five acres and maximize
buffer areas to adjoining properties
regardless of lot topography.
Facilities shall be sited to avoid
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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic

Virginia Beach

Hanover County

Prince George County

Tier 1
Not addressed/subject to underlying
zoning district.

wetlands, floodplains, and any other
environmental concerns.
Tier 1
Not addressed/subject to underlying
zoning district.

Lot Size
Height

Fencing

Screening

Safety

Not addressed/subject to underlying
zoning district.

Section 225.02(a)(3)(f)
Fencing or other methods ensuring
public safety are allowed.

Tier 2 – Section 26-292.4(b)
Tier 2 battery energy storage
systems shall comply with the
building height limitations for
principal structures of the underlying
zoning district.
Not addressed for Tier 1 or 2.

Tier 2 – Section 90-1042(g)(8)(d)
Tier 2 battery energy storage
systems, including all mechanical
equipment, shall be enclosed by a
seven-foot-high security type fence
with a self-locking gate to prevent
unauthorized access unless housed
in a secure, dedicated-use building
and not interfering with ventilation
or exhaust ports.
Tier 1
Not addressed.

Section 225.02(b)(6)
Category VI landscape screening
shall be required within the setback.
No other uses or structures shall be
permitted in the setback.

Not addressed for Tier 1 or 2.

Section 225.02(b)(1)
Installation and maintenance of any
electrical storage system (ESS) shall
comply with all applicable provisions
of the Virginia Building Codes and
the Virginia Statewide Fire
Prevention Codes.

Section 26-292.2.B
All battery energy storage systems,
all dedicated-use buildings, and all
other buildings or structures that (1)
contain or are otherwise associated
with a battery energy storage system
and (2) are subject to the Uniform
Code and/or the Energy Code shall
be designed, erected, and installed
in accordance with all applicable
provisions of the Uniform Code, all
applicable provisions of the Energy

Section 225.02(c)(3)
An onsite fire monitoring system or
fire watch prevention plan as

Tier 2 – Section 90-1042(g)(8)(c)
Tier 2 battery energy storage
systems shall comply with the
building height limitations for
principal structures of the underlying
zoning district.
Tier 1
Not addressed.

Tier 2 – Section 90-1042(g)(8)
Tier 2 battery energy storage
systems shall have views minimized
from adjacent properties to the
extent reasonably practicable using
architectural features, earth berms,
landscaping, or other screening
methods that will harmonize with
the character of the property and
surrounding area and not interfering
with ventilation or exhaust ports.
Section. 90-1042(e)
• All battery energy storage
systems, all dedicated use
buildings, and all other buildings
or structures that (1) contain or
are otherwise associated with a
battery energy storage system
and (2) subject to the Uniform
Code and/or the Energy Code
shall be designed, erected, and
installed in accordance with all
applicable provisions of the

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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic
Safety

Virginia Beach

Hanover County

Prince George County

required by the fire chief of the City
of Virginia Beach.

Code, and all applicable provisions of
the codes, regulations, and industry
standards as referenced in the
Uniform Code, the Energy Code, and
the Code of the County of Hanover.

Uniform Code, all applicable
provisions of the Energy Code,
and all applicable provisions of
the codes, regulations, and
industry standards as referenced
in the Uniform Code, the Energy
Code, and the Code of the County
of Prince George.
• All battery storage systems which
include batteries of various
chemistries and types, are
classified as hazardous waste
upon reaching end-of-life (EOL) or
in a condition/state of
degradation that requires
replacement. Transport and
disposal of all such components
and solid and hazardous waste
shall be in accordance with local,
state, and federal hazardous
waste disposal regulations.
Section 90-1042(g)(7)
The following must be submitted
with the site plan:
• Commissioning plan
• Fire safety compliance plan
• Operation and maintenance
manual
• Emergency operations plan
Section 90-1042(h)
• System certification. Battery
energy storage systems and
equipment shall be listed by a
nationally recognized testing
laboratory to UL 9540 (standard
for battery energy storage
systems and equipment) or
approved equivalent, with
subcomponents meeting each of
the following standards as
applicable:
o UL1973 (standard for batteries
for use in stationary, vehicle
auxiliary power and light
electric rail applications),
o UL 1642 (standard for lithium
batteries),

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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic

Virginia Beach

Hanover County

Prince George County
o UL 1741 or UL 62109 (inverters
and power converters),

Safety

o Certified under the applicable
electrical, building, and fire
prevention codes as required.
o Alternatively, field evaluation
by an approved testing
laboratory for compliance with
UL 9540 (or approved
equivalent) and applicable
codes, regulations and safety
standards may be used to meet
system certification
requirements.
• Site access. Battery energy
storage systems shall be
maintained in good working order
and in accordance with industry
standards. Site access shall be
maintained, including access
maintenance, repair, and snow
removal at a level acceptable to
the local fire department.
• Battery energy storage systems,
components, and associated
ancillary equipment shall have
required working space
clearances, and electrical circuitry
shall be within weatherproof
enclosures marked with the
environmental rating suitable for
the type of exposure in
compliance with NFPA 70.
Abandonment

Section 225.02(b)(3) and (4)
• At such time that a battery
storage facility is scheduled to be
abandoned, the owner or
operator shall notify the city
manager or his/her designee.
• Within three hundred sixty-five
(365) days of the date of
abandonment, the owner or
operator shall complete the
physical removal of the battery
storage facility. This period may
be extended at the request of the

Not addressed for Tier 1 or 2.

Section 90-1042(i)
The battery energy storage system
shall be considered abandoned
when it ceases to operate
consistently for more than 24
months. If the owner and/or
operator fails to comply with
decommissioning upon any
abandonment, the County of Prince
George may, as its discretion, enter
the property and utilize the available
bond and/or security for the removal
of a tier 2 battery energy storage
system and restoration of the site in
accordance with the
decommissioning plan.
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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic

Virginia Beach
owner or operator, upon approval
of the city council.

Utilities

Not addressed.

Signage

Not addressed.

Hanover County

Prince George County

CONDITIONAL USE/SPECIAL EXCEPTION PERMIT
APPLICATION REQUIREMENTS
All applications shall address at a minimum:
Tier 2 – Section 26-292.3(b)(1)
Tier 2 – Section 90-1042(g)(1)
Utility lines and electrical circuitry. All Utility lines and electrical circuitry. All
on-site utility lines shall be placed
on-site utility lines shall be placed
underground to the extent feasible
underground to the extent feasible
and as permitted by the serving
and as permitted by the serving
utility, with the exception of the
utility, with the exception of the
main service connection at the utility main service connection at the utility
company right-of-way and any new
company right-of-way and any new
interconnection equipment,
interconnection equipment,
including without limitation any
including without limitation any
poles, with new easements and
poles, with new easements and
right-of-way.
right-of-way.
Tier 2 – Section 26-292.3(b)(2)
Tier 2 – Section 90-1042(g)(2)
No advertising of any type may be
• The signage shall be in compliance
placed on a battery energy storage
with ANSI Z535 and shall include
system or related facility, except that
the type of technology associated
a sign shall be required displaying
with the battery energy storage
the name, registration number, and
systems, any special hazards
emergency contact number of the
associated, the type of
facility owner. The sign shall not
suppression system installed in
exceed four (4) square feet in size
the area of battery energy storage
and shall be located on the security
systems, and 24-hour emergency
fence or other approved location.
contact information, including
reach-back phone number.
• As required by the NEC,
disconnect and other emergency
shutoff information shall be
clearly displayed on a light
reflective surface. A clearly visible
warning sign concerning voltage
shall be placed at the base of all
pad-mounted transformers and
substations.

Lighting

Not addressed.

Vegetation/
Landscaping

Section 225.02(c)(1) and (2)
Factors relating to approval:

Tier 2 – Section 26-292.3(b)(3)
Lighting of the battery energy
storage systems shall be limited to
that minimally required for safety
and operational purposes. Any
exterior lighting shall comply with
Article 5, Division 6 of the Zoning
Ordinance.
Not addressed for Tier 1 or 2.

Tier 2 – Section 90-1042(g)(3)
Lighting of the battery energy
storage systems shall be limited to
that minimally required for safety
and operational purposes and shall
be reasonably shielded and
downcast from abutting properties.
Tier 2 – Section 90-1042(g)(4)
Vegetation and tree-cutting. Areas
within 20 feet on each side of tier 2
battery energy storage systems shall
be cleared of combustible
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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Topic
Vegetation/
Landscaping

Virginia Beach

Hanover County

Prince George County

• The visual impact of the project,
in conjunction with landscaping
and screening plans.
• Impacts to protected
environmental features.

Noise

Not addressed.

Tier 2 – Section 26-292.3(b)(4)
Noise shall be regulated by Chapter
16 of the Hanover County Code.

Decommissioning
& Surety

Section 225.02(a)(1) and (d)
Decommissioning plan and surety
required.

Tier 2 – Section 26-292.3(b)(5)
Decommissioning plan and surety
required.

vegetation and other combustible
growth. Single specimens of trees,
shrubbery, or cultivated ground
cover such as green grass, ivy,
succulents, or similar plants used as
ground covers shall be permitted to
be exempt provided that they do not
form a means of readily transmitting
fire. Removal of trees should be
minimized to the extent possible.
Tier 2 – Section 90-1042(g)(5)
The average noise generated from
the battery energy storage systems,
components, and associated
ancillary equipment at any time shall
not exceed a noise level of 20 dBA as
measured at the outside wall the
property line of any surrounding
non-participating residence or
occupied community building in the
R-A and A Zoning Districts. In M
Zoning Districts, the average noise
shall not exceed a noise level of 60
dBA at adjoining property lines.
Applicants may submit equipment
and component manufacturers'
noise ratings to demonstrate
compliance. The applicant may be
required to provide operating sound
pressure level measurements from a
reasonable number of sampled
locations at the perimeter of the
battery energy storage system to
demonstrate compliance with this
standard.
Tier 2 – Section 90-1042(g)(6)
Decommissioning plan and surety
required.

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King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
Recommendations
Pertinent highlights from King George County’s existing and proposed BESS standards are discussed in the table below, along with
recommendations.
King George Existing
Battery Storage Standards
Section 4.19
Definitions

Use Permission

Configuration

Section 1.9.3
Battery energy storage facility.
One or more battery energy
storage systems, assembled
together, capable of storing energy
in order to supply electrical energy
at a future time, but not to include
a stand-alone, 12-volt car battery
or an electric motor vehicle or
consumer products.

By Right:
• I – Industrial

Section 4.19.1
Not addressed.

King George
Currently Proposed
Battery Storage Standards
Section 7-6-1
Section 7-6-1(A)
Battery Energy Storage Facilities.
One or more battery cells for
storing electrical energy in a
Battery Energy Storage System
with a Battery Management
System.

Recommendation
The proposed definitions revise
the existing definition and provide
two new terms to better define
related facilities and systems.
No changes are recommended to
the proposed definitions.

Battery Energy Storage System. A
physical container providing
secondary containment to battery
cells that is equipped with cooling,
ventilation, fire suppression, and a
Battery Management System.
Battery Management System. An
electronic regulator that manages
a Battery Energy Storage System
by monitoring individual battery
module voltages and
temperatures, container
temperature and humidity, offgassing of combustible gas, fire,
ground fault and DC surge, and
door access and capable of
shutting down the system before
operating outside safe parameters.
By Right:
• I – Industrial

Section 7-6-1(B)
All Battery Energy Storage Facilities
shall be configured so that battery
cells shall be placed in a Battery
Energy Storage System (“BESS”)
with a Battery Management
System (“BMS”). The BESS shall

Since battery storage facilities are
often associated with utility-scale
solar facilities, the use permissions
can be revised for consistency
between the two uses.
Recommended revising use
permissions for Battery Energy
Storage Facility to Special
Exception in the A-1, A-2 and I
districts.
The proposed language clarifies
the configuration of battery
energy storage facilities, BESS, and
BMS.
No changes are recommended to
the proposed text.

Battery Energy Storage Systems | 11 of 16

King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
King George Existing
Battery Storage Standards
Section 4.19
Configuration

Operation

Utilities

Screening

Section 4.19.1
Not addressed.

Section 4.19.1.a
Public water, or an existing
commercial well, and fire hydrants
must be available to the property

Section 4.19.1.b
Facilities shall not be visible from
any adjacent street, use or
building.

King George
Currently Proposed
Battery Storage Standards
Section 7-6-1
provide a secondary layer of
physical containment to the
batteries and be equipped with
cooling, ventilation, and fire
suppression systems.
Section 7-6-1(C)
Battery Energy Storage Facilities
shall be constructed, maintained,
and operated in accordance with
applicable codes and standards,
including but not limited to
applicable fire, electrical, and
building codes adopted by the
County; National Fire Protection
Association (NFPA) 855, Standard
for the Installation of Stationary
Energy Storage Systems, 2020
Edition and subsequent additions;
Underwriters Laboratories (UL)
9540A Ed. 4-2019, Standard for
Test Method for Evaluating
Thermal Runway Fire Propagation
in Battery Energy Storage Systems
and subsequent editions.
Section 7-6-1(D)
Public water, or an existing
commercial well, and fire hydrants
shall be available to the property.

Section 7-6-1(E)
Screening and/or landscaping shall
be necessary to ensure that
facilities are not visible. Facilities
shall be located as to not be visible
from any adjacent street, use, or
building.
(1) All screening and landscaping
shall be in accordance with

Recommendation

The proposed language clarifies
that facilities must operate in
accordance with applicable fire
and building codes.
No changes are recommended to
the proposed text.

If additional direction on electric
utilities are desired, the following
text can be added, consistent with
benchmark localities:
Utility lines and electrical circuitry.
All on-site utility lines shall be
placed underground to the extent
feasible and as permitted by the
serving utility, with the exception
of the main service connection at
the utility company right-of-way
and any new interconnection
equipment, including without
limitation any poles, with new
easements and right-of-way.
The proposed language requires
full screening from any adjacent
street, use, or building in
accordance with Article VIII. There
is a chance that a battery storage
facility could locate next to an
undeveloped lot and would not
need to screen on that side.
Should that lot develop in the

Battery Energy Storage Systems | 12 of 16

King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
King George Existing
Battery Storage Standards
Section 4.19
Screening

King George
Currently Proposed
Battery Storage Standards
Section 7-6-1
Article VIII, Community Design
Standards, of this Ordinance.

Recommendation
future, the battery storage facility
may not be adequately screened.
Additional screening and
landscaping requirements can be
added to prevent inadequate
screening; however, appropriate
spacing between vegetation and
battery storage facilities should
also be considered for fire safety
and prevention.
Recommend revising the proposed
text as follows:
Screening and/or landscaping shall
be necessary to ensure that
facilities are not visible. Facilities
shall be fully screened on all sides
from view.
(1) All screening and landscaping
shall be in accordance with
Article VIII, Community Design
Standards.

Location

Section 4.19.1
Not addressed.

Section 7-6-1(F)
Due to their potentially
combustible nature, the siting of
Battery Energy Storage Facilities
shall be to:

(2) Vegetation and tree-cutting.
Areas within 20 feet on each
side of battery energy storage
system shall be cleared of
combustible vegetation and
other combustible growth.
Single specimens of trees,
shrubbery, or cultivated
ground cover such as green
grass, ivy, succulents, or
similar plants used as ground
covers shall be permitted to be
exempt provided that they do
not form a means of readily
transmitting fire. Removal of
trees should be minimized to
the extent possible.
The proposed language clarifies
appropriate siting and location of
the facility, and encourages using
the existing conditions and
vegetation for screening purposes.

(1) Buffer the facility from the
surrounding areas by siting
Battery Energy Storage Systems | 13 of 16

King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
King George Existing
Battery Storage Standards
Section 4.19
Location

King George
Currently Proposed
Battery Storage Standards
Section 7-6-1
toward the interior of the lot
and
(2) Take advantage of existing
topography, structures, and
vegetation to provide extra
screening.

Recommendation
Additional language can be added
to further clarify protection of
environmentally sensitive areas.
Recommend adding distance from
vegetation in provision (1) and add
new provision (3):
(1) Buffer the facility from the
surrounding areas by siting
toward the interior of the lot,
at least 20 feet away from
vegetation and
(2) Take advantage of existing
topography, structures, and
vegetation to provide extra
screening.

Emergency
Access

Safety Operation
Standards

Section 4.19.1.c
Access to the property for King
George County Fire, Rescue and
Emergency Services (KGFRES) shall
be provided in a manner
acceptable to KGCFRES and an
approved KNOX Box must be
available for fire department
access.
Section 4.19.1
Not addressed.

Section 7-6-1(G)
Access to the property for King
George Fire Rescue and Emergency
Services (KGFRES) shall be
provided in a manner acceptable
to KGFRES.

(3) Avoid wetlands, floodplains,
and any other environmental
concerns.
The proposed language retains
KGFRES’s ability to approve access
to the property; a KNOX Box can
still be utilized if desired by
KGFRES, but is no longer specified
which will provide flexibility.
No changes are recommended to
the proposed text.
The proposed language adds
requirements for safety operation
standards.

Section 7-6-1(H)
(1) Each individual battery shall
have 24/7 automated fire
detection and extinguishing
technology built in.
(2) The Battery Management
System shall monitor
individual battery module
voltages and temperatures,
container temperature and
humidity, off-gassing of
combustible gas, fire, ground
fault and DC surge, and door
access.

No changes are recommended to
the proposed text.

(3) The Battery Management
System shall be capable of
shutting down the system
before thermal runaway takes
place.
Battery Energy Storage Systems | 14 of 16

King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
King George Existing
Battery Storage Standards
Section 4.19
Warning Signage

Security Fencing

Section 4.19.1.d
NFPA 704 placards shall be placed
on building entrances along with
emergency contact information.

Section 4.19.1
Not addressed.

King George
Currently Proposed
Battery Storage Standards
Section 7-6-1
Section 7-6-1(I)
NFPA 704 placards shall be placed
on building entrances along with
emergency contact information.

Section 7-6-1(J)
The facilities shall be enclosed by
security fencing.
(1) All security fencing shall be a
minimum of 6 ft. in height and
topped with razor/barbed
wire, as appropriate.
(2) All security fencing shall be
constructed so as to
substantially lessen the
likelihood of entry by
unauthorized individuals.
(3) A performance bond reflecting
the costs of anticipated
security fence maintenance
shall be posted and
maintained.

Setbacks

Noise

Subject to underlying zoning
district setbacks.

(4) Failure to maintain the
security fencing shall result in
revocation of the Zoning
Permit and the facility’s
decommissioning.
Subject to underlying zoning
district setbacks.

A-1 and A-2 Districts
• Front – 35-45 feet
• Side – 15 feet
• Rear – 30 feet

A-1 and A-2 Districts
• Front – 35-45 feet
• Side – 15 feet
• Rear – 30 feet

I District
• Front – 50 feet
• Side – 20 feet
• Rear – 20 feet
Not addressed.

I District
• Front – 50 feet
• Side – 20 feet
• Rear – 20 feet
Not addressed.

Recommendation
The existing and proposed text are
consistent with best practices and
benchmark localities.
No changes are recommended to
the proposed text.
The proposed text includes
requirements for security fencing
that are consistent with best
practices and a benchmark locality,
but could be enhanced with
additional screening requirements.
Recommend adding provision (5)
to ensure that security fencing is
placed behind landscaping and
screened from view:
(5) All security fencing shall be
placed behind the buffer and
screened from view.

Battery storage facilities and
surrounding properties can benefit
from increased setbacks for
screening purposes as well as fire
safety considerations.
Recommend establishing an
increased setback of 100 feet from
all property lines.

Battery-related facilities/systems
would be subject to the Industrial
Noise standards discussed April 25,
2023, which has a maximum
requirement 60 dBA daytime/55
dBA nighttime at the property line
when adjacent to residential or
Battery Energy Storage Systems | 15 of 16

King George County Zoning & Subdivision Ordinance Update
Battery Energy Storage Systems
King George Existing
Battery Storage Standards
Section 4.19

King George
Currently Proposed
Battery Storage Standards
Section 7-6-1

Noise

Recommendation
agricultural districts and additional
noise-sensitive uses.
No changes are recommended to
the proposed text.

In addition to the above highlights, an emergency operations plan, decommissioning plan, and surety are required for battery energy
storage facilities. These requirements meet or exceed the benchmark communities and are consistent with industry best practices.
No changes are recommended to the proposed text for these items.

Battery Energy Storage Systems | 16 of 16

King George County Zoning & Subdivision Ordinance Update
Power Plants

Power Plants
King George staff requested a review of power plant standards, including benchmark communities. Specific concerns
included the following items: environmental impacts, safety concerns, and compatibility with community character,
particularly from hydrogen-related power plants.
The Berkley Group has conducted a review of the existing ordinance text relating to power plants, industry and
government resources, Code of Virginia, and several communities and summarized the information below. This
information will be presented and offered for further discussion opportunity during the worksession.
U.S. Department of Energy and Industry Research
•

Hydrogen is an energy carrier that can be used to store, move, and deliver energy produced from other sources.

•

The U.S. Department of Energy (DOE) seeks to produce hydrogen using methods that are both cost-effective and
carbon neutral. Support of hydrogen is reflected in the Inflation Reduction Act’s hydrogen production tax credit,
which gives tax credits to projects that begin construction before 2033. Localities may begin to see an increasing
number of hydrogen-related land use applications.

•

To produce hydrogen, it must be separated from the other elements in the molecules where it occurs. There are
many different sources of hydrogen and ways for producing it for use as a fuel. The two most common methods
for producing hydrogen are steam-methane (natural gas) reforming and electrolysis (splitting water with
electricity).

•

o

Steam-methane reforming currently accounts for nearly all commercially produced hydrogen in the
United States, which involves separating hydrogen atoms from carbon atoms in methane. Natural gas is
the main methane source for hydrogen production. This technology is cost-effective but does not meet
net-zero-carbon goals established by the DOE.

o

Electrolysis is a process that splits hydrogen from water using an electric current. On a large commercial
scale, the process may be referred to as power-to-gas, where power is electricity and hydrogen is gas.
Electrolysis itself does not produce any byproducts or emissions other than hydrogen and oxygen, but
the power source may be derived from renewable sources, nuclear energy, or fossil fuels. This
technology can be cost-effective, although the associated carbon emissions will vary depending on the
power source.

o

Other methods of producing hydrogen include:
▪

Using microorganisms, such as green microalgae or cyanobacteria, to use sunlight to split water
into oxygen and hydrogen ions.

▪

Converting biomass into gas or liquids and separating the hydrogen.

▪

Using solar energy technologies to split hydrogen from water molecules.

A color code is used to categorize types of hydrogen according to the energy sources used for its production.
o

Hydrogen produced using renewable energy might be referred to as renewable hydrogen or green
hydrogen.

o

Hydrogen produced from coal may be called brown hydrogen.

o

Hydrogen produced from natural gas or petroleum might be referred to as grey hydrogen.

o

Brown or grey hydrogen production combined with carbon capture and storage/sequestration (to
reduce carbon emissions) might be referred to as blue hydrogen.

Power Plants | 1 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants
•

Most hydrogen used in the United States is produced at or close to where it is used — typically at large industrial
sites. The infrastructure needed for distributing hydrogen to the nationwide network of fueling stations required
for the widespread use of fuel cell electric vehicles still needs to be developed. Currently, hydrogen is distributed
through three methods: pipeline, high pressure tube trailers, and liquified hydrogen tankers.

•

Land Use and Zoning Considerations:
o

Power plants are often grouped with civic or public uses, but can be more akin to industrial uses and
impacts. Building appearance, landscaping and buffers, screening, setbacks, nuisances such as noise and
light, and safety considerations should be considered.

o

Land and resource Impacts from hydrogen production can vary based on the production method used.
For example, water usage may be substantial for production methods utilizing fossil fuels or electrolysis.
Water usage may be minimal if using renewable sources such as solar or wind.

o

While hydrogen production is not a new technology and is anticipated to become a more mainstream
option for energy consumption in the future, it currently constitutes only 1% of the United States’ energy
consumption. There is ample guidance on the benefits of hydrogen technology (which can be plentiful
when produced safely and using renewable resources), but there is less guidance on these facilities’
impacts from a land use and zoning perspective.

o

Due to the evolving nature of power producing technologies – as well as the many different
combinations of energy sources and energy production methods – permitting power plants as a Special
Exception in all occurrences will ensure that the locality can review each application for its unique merits
and site conditions. Conditions to protect community character and adjacent properties can be catered
to each proposal.
▪

o

Special Exception applications will benefit from enhanced submittal requirements to address
the type and nature of the energy production, related appurtenances, water usage,
environmental impacts, viewshed impacts, transmission lines, safety impacts, and emergency
operation plans.

The Comprehensive Plan can assert preferences for facilities utilizing renewable resources, whether
related to hydrogen production or other types of power producing facilities.

Code of Virginia
•

Code of Virginia, § 15.2-2232, requires localities to determine if proposed public facilities are substantially in
accordance with the adopted Comprehensive Plan.

•

Code of Virginia, § 15.2-2280, authorizes localities to adopt zoning provisions that advance and protect the health,
safety, and welfare of the community.

•

The Virginia Clean Economy Act ordered coal plants in the state to close by 2045.

•

The 2022 Virginia Energy Plan specifically calls on the Commonwealth to embrace and invest in hydrogen.

Power Plants | 2 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants
Comparison Communities
• The following table provides related regulations and standards from two localities that currently have power
plants:
o

Fauquier County

o

Louisa County

Topic

Fauquier County

Louisa County

Definitions

Public utility. A business or service having an
appropriate franchise from the State which
is engaged in regularly supplying the public
with some commodity or service which is of
public consequence and need such as
electricity, gas, water, transportation or
communications.

Use Permission

Special Exception:
• RA – Agriculture
• I-2 – Industrial General

Special
Exception/
Conditional Use
Permit
Requirements

Section 5-011.2
Special Exception Submittal Requirements:
• Plan showing existing and proposed
conditions
• Statement addressing:
o Type(s) of operation
o Hours of operation
o Estimated number of
employees/patrons
o Traffic impact analysis
o Description of building façade and
architectural style
o Photos of site

Utility Service, Major. Service of a regional
nature which normally entails the
construction of new buildings or structures
such as generating plants and sources,
electrical switching facilities and stations or
substations, power generation battery
storage facilities, or solar arrays generating
two MW or more of electricity which leaves
the site boundaries, and similar facilities.
Included in this definition are also electric,
gas, and other utility transmission lines of a
regional nature which are not otherwise
reviewed and approved by the Virginia State
Corporation Commission. Public and private
water and sewer systems are excluded from
this definition.
Conditional Use:
• A-1 – Agricultural
• A-2 – Agricultural
• R-1 – Residential Limited
• R-2 – Residential General
• C-1 – Light Commercial
• C-2 – General Commercial
• IND – Industrial
• I-1 – Industrial Limited
• I-2 – Industrial General
Section 86-43
• In determining imposed conditions, the
governing body shall take into
consideration the intent of this chapter
and may impose reasonable conditions
that:
o Abate or restrict noise, smoke, dust or
other elements that may affect
surrounding property.
o Establish setback, side and front yard
requirements necessary for orderly
development and to prevent traffic
congestion.

Power Plants | 3 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants

Topic

Fauquier County

Louisa County

Special
Exception/
Conditional Use
Permit
Requirements

Section 5-2001.1
Additional Submittal Requirements for
Public Utilities:
• Four (4) copies of a map showing the
utility system of which the proposed use
will be an integral part, together with a
written statement outlining the
functional relationship of the proposed
use to the utility system.

o Provide for adequate parking and
ingress and egress to public streets or
roads.

• Four (4) copies of a statement, prepared
by a certified engineer, giving the basic
reasons for selecting the particular site as
the location for the proposed facility and
certifying that the proposed use will
meet the performance standards of the
district in which located.

Use Standards

Section 5-2002 – Category 20 Public Uses
• Category 20 special permit and special
exception uses shall not be required to
comply with the lot size requirements or
the bulk regulations set forth for the
zoning district in which located in Part 4
of Article 3. However, such requirements
may be established in the conditions
under which such a special permit or
special exception is granted.

o Provide adjoining property with a
buffer or shield from view of the
proposed use if such use is considered
detrimental to adjoining property.
o Tend to prevent such use from
changing the character and
established pattern of development of
the community.

There are no specific use standards for
Utility Service, Major. However, the North
Anna Power Plant is subject to conditions
of approval.

• No land or building in any district other
than the Industrial Districts shall be used
for the storage of materials or
equipment, or for the repair or servicing
of vehicles or equipment or for the
parking of vehicles, except those needed
by employees connected with the
operation of the immediate facility.
• In all zoning districts, other than the I-2
District, all equipment, machinery and
facilities not located within an enclosed
building shall be effectively screened.

Buffers and
Screening

Section 7-604.3.i
Non-Residential Buffer Requirements:
• Buffer yards will be located along the
perimeter of a lot or parcel, except that
no side or rear buffer yard shall be
required where an industrially zoned
property abuts another industrially zoned

Section 86-123 – Civic Uses Within Growth
Area Overlay
• Landscaping provisions include
requirements for street trees,
ornamental/shade trees, parking lot
trees, and shrubs.

Power Plants | 4 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants

Topic
Buffers and
Screening

Fauquier County

Louisa County

property unless specifically required in
conjunction with special permit or special
exception approval or required pursuant
to subsection (j)(2) below. Where a
parcel extends to the center line of an
existing road, the buffer yard shall begin
at and extend inward from the ultimate
right-of-way of that road alignment.
Buffer yards shall extend to the lot line,
parcel boundary or rights-of-way line,
except where easements, covenants or
natural features may require the buffer
yard to be set back from the property
line, in that event the buffer yard shall be
in addition to such easements, covenants
or natural features.

• Screening provisions include
requirements to fully screen all
dumpsters, loading areas, and utilities
using landscaping, opaque fencing, and
extension of the building structure.

• Buffer yards shall be provided within the
required minimum yard setback areas. If
the minimum buffer width is larger than
the yard setback, the minimum buffer
width must be provided.
• Buffer options include:
o Landscape strip – 20-foot width
o Woodland strip – 35-foot width
o Berm – 30 inches higher than finished
grade

Section 86-123 – Industrial Uses Within
Growth Area Overlay
• Industrial uses shall be shielded from
primary roads, secondary roads and
adjacent properties by the use of
buffers and screening. The buffering and
screening area shall be no less than 100
feet. The width of the buffering and
screening area may be increased by the
zoning administrator based on the
intensity of the use or the height of
structures within the site. Buffering and
screening may be accomplished with
one or any combination of the following
methods provided the purpose of this
section is met:
o Landscaped berms
o Landscaping
o Existing trees

In addition to landscaping otherwise
required herein, where a use is
required by any provision of this Zoning
Ordinance or any condition of
approval to be:
• “Completely Screened from View” means
Any portion of the use (except buildings)
visible from a public street, park or
adjoining residential property shall be
screened by vegetation consisting of a
double staggered row of evergreen trees
planted 15 feet on center, or a double
staggered row of evergreen shrubs
planted 10 feet on center. Vegetation
shall be of sufficient height at time of
planting to actually screen the items
required to be screened. If the items
being screened are less than 6 feet in
height, a minimum 6’ high solid fence
and/or wall may be utilized in lieu of the

Power Plants | 5 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants

Topic
Buffers and
Screening

Fauquier County

Louisa County

required screening vegetation. A chain
link fence with slats shall not be utilized
to satisfy the solid wall requirement.
• “Substantially Screened from View”
means any portion of the use (except
buildings) visible from a public street or
adjoining residential property shall be
screened by a minimum 6’ high solid
fence or wall. A chain link fence with slats
shall not be utilized to satisfy the solid
wall requirement. In addition, the buffer
yards required by subsection (i), above,
shall be provided between the fence and
the adjoining residential properties with
such visibility.

Noise

Section 9-803
Octave Band / Decibels (dB):
• 31.5 Hz / 70 dB
• 63 Hz / 71 dB
• 125 Hz / 69 dB
• 250 Hz / 65 dB
• 500 Hz / 61 dB
• 1,000 Hz / 57 dB
• 2,000 Hz / 53 dB
• 4,000 Hz / 49 dB
• 8,000 Hz / 45 dB

Section 51-3
Daytime Level / Nighttime Level (dB):
• A-1, A-2 – 65 dB / 55 dB
• R-2, R-2 – 65 dB / 55 dB
• C-1, C-2 – 70 dB / 60 dB
• IND – 75 dB / 65 dB

Impact Noise Levels at Lot Line:
• Residential District – 80 dB
• Nonresidential District – 90 dB
Impact Noise Levels Beyond Lot Lines:
• One Impact Noise Per Day – 120 dB
• Between the hours of 8:00 p.m. and 7:00
a.m., all permissible noise levels for
Residential Districts shall be reduced by 5
decibels.

Power Plants | 6 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants
Current / Proposed King George County Regulations

Definitions

King George Adopted Power
Plant Standards
Power generation facilities
are not currently defined.

King George Proposed Power
Plant Standards
Utility Service, Major. Service
of a regional nature which
normally entails the
construction of new buildings
or structures such as electric
generating plants and
sources; electrical switching
facilities and stations or
substations; community
wastewater treatment plants;
water towers; sanitary
landfills; and similar facilities.
All overhead transmission
lines are included in this
definition. This use does not
include wind generating
facilities; nor does it include
Data Centers, Battery Energy
Storage Facility, or any Solar
Energy uses, as defined in this
Ordinance.

Recommendations
The proposed definition
includes electricity generating
plants and sources, and is
consistent with a benchmark
locality.
Electricity generating plants
and sources can be pulled as
a separate definition/use.
Recommend revising the
existing Utility Service, Major
definition and adding a new
definition for Electricity
Generating Facility:
Utility Service, Major. Service
of a regional nature which
normally entails the
construction of new buildings
or structures such as electric
generating plants and
sources; electrical switching
facilities and stations or
substations; community
wastewater treatment plants;
water towers; sanitary
landfills; and similar facilities.
All overhead transmission
lines are included in this
definition. This use does not
include wind generating
facilities; nor does it include
Data Centers, Battery Energy
Storage Facility, or any Solar
Energy uses, as defined in this
Ordinance.
Electricity Generating Facility.
A stand-alone facility not
ancillary to another land use
which generates electricity to
be distributed to consumers,
including but not limited to
fossil fuel burning facilities,
nuclear facilities, and
hydrogen-producing facilities.
This usage does not include
wind generating facilities,

Power Plants | 7 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants
King George Adopted Power
Plant Standards

King George Proposed Power
Plant Standards

Data Centers, Battery Energy
Storage Facilities, or any Solar
Energy uses, as defined in this
ordinance.

Definitions

Use
Permissions

Recommendations

Power generation facilities
are not currently permitted in
any zoning district.

Utility Service, Major is
permitted as a Special
Exception in all districts in the
proposed ordinance text.

Due to the intense and
varying nature of power
plants, which can differ based
on the underlying resource
(renewable v. nonrenewable),
processing methods, storage
requirements, and evolving
technologies, it is
recommended to review all
potential power plants as a
Special Exception in any
district allowed.
Recommend that electrical
generating facilities be
permitted by Special
Exception in the following
districts:
• I – Industrial

Use
Standards

N/A

There are no specific use
standards in Article VII, but
this use would need to
comply with Article VIII,
Community Design Standards
and would be approved with
use conditions specific to the
application.

Use standards are currently
proposed in Article VII for
Utility Service, Minor, but not
Utility Service, Major.
Use standards can be added
for Electricity Generating
Facility. Enhanced submittal
requirements for Special
Exception permits can also be
added to review the merits
and impacts of individual
proposals.
Note that while hydrogen
production is anticipated to
be a more prominent player
in the energy sector, use
standards would apply to all
types of Electricity Generating
Facilities (e.g. nuclear, natural
gas), but would not apply to
solar energy facilities, wind
facilities, battery energy
storage systems, and data

Power Plants | 8 of 15

King George County Zoning & Subdivision Ordinance Update
Power Plants
King George Adopted Power
Plant Standards

King George Proposed Power
Plant Standards

Recommendations
centers, as they already have
separate use standards
proposed.

Use
Standards

Recommend establishing use
standards for Electricity
Generating Facilities in Article
VII. See text following this
table for specific
recommendations.
It is further recommended to
establish guidance and
preferences for facilities
utilizing renewable energy
resources and carbon-neutral
methods of production in the
Comprehensive Plan.
N/A
Special
Exception
Application
Requirements

Section 3-4-3
The applicant must provide
information and data to:
• Demonstrate that the
proposed use, when
complemented with
additional measures, if
any, will be in harmony
with the purposes of the
specific district in which it
will be placed;

Recommend adding
additional application
requirements for Electricity
Generating Facilities in Article
VII. See text following this
table for specific
recommendations.

• Demonstrate that there
will be no undue adverse
impact on the surrounding
neighborhood in terms of
public health, safety, or
general welfare and show
measures to be taken to
achieve such goals;
• Demonstrate that the use
will not tend to create
congestion in streets,
roads, alleys, and other
areas; and
• Show that the proposal
meets the applicable
specific and general

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King George Adopted Power
Plant Standards

Special
Exception
Application
Requirements
N/A
Noise

King George Proposed Power
Plant Standards
standards required by this
Ordinance.

Per the discussion and review
at the April 25, 2023 joint
worksession, power plants
located in an industrial
district would be subject to
the proposed industrial noise
standards in Article VIII (60
dBA daytime/55 dBA
nighttime).

Recommendations

Electricity Generating
Facilities are proposed to be
permitted by Special
Exception in the Industrial
district, and would therefore
be subject to the Industrial
Noise standards discussed on
April 25, 2023.
No changes are
recommended to the
Industrial Noise standards.

Additional Recommendations
A new section can be added to Article VII, Division 6, Industrial Uses to address use performance standards and
supplementary application requirements for Special Exception Permits for Electricity Generating Facility.
1.

2.

Intent.
a.

The intent of this Section is to allow electricity generating facilities in a manner that promotes the
development of renewable energy sources, while limiting and mitigating impacts on natural resources
and existing agricultural, forestry, residential, commercial, industrial, historical, cultural, and recreational
uses of property, or the future development of such uses of property within the County.

b.

The purpose of this Section is to outline the process and requirements for the construction, installation,
operation, and decommissioning of electricity generating facilities that ensures the protection of health,
safety, and welfare, while also avoiding adverse impacts on County resources.

c.

This Section is not intended to abridge safety, health, environmental, or land use requirements contained
in other applicable laws, codes, regulations, standards, or ordinances. This Section does not supersede or
nullify any provision of local, State, or Federal law that applies to electricity generating facilities.

Compliance.
a.

All electricity generating facilities shall fully comply with all applicable local regulations, as well as all
applicable state and federal regulations, including but not limited to, the U.S. Environmental Protection
Agency (EPA), State Corporation Commission (“SCC”) or equivalent, any state departments related to
environmental quality, parks, and wildlife protection, as well as all the applicable regulations of any other
agencies that were in force at the time of the permit approval.

b.

The design and installation of all electricity generating facilities shall conform to applicable industry
standards, including those of the American National Standards Institute (ANSI), Underwriters
Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying
organizations and shall comply with all fire and safety requirements.

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3.

Height limits. Maximum height of the principal structure and accessory structures such as towers or smokestacks
may exceed the height requirements of the underlying zoning district as conditioned in the Special Exception
permit.

4.

Setbacks. Minimum setback of the principal structure and all related accessory structures shall be at least 100 ft.
from all property lines.

5.

Buffer. Transitional buffers allowed include Type C and Alternative Buffer Berms as supplied in Article VIII,
Community Design Standards.
a.

The buffer shall be maintained for the life of the facility.

b.

Existing forest resources shall be preserved by maintaining natural buffers to the greatest extent
practical.

6.

Coordination of Local Emergency Services. The owner or operator shall coordinate with the King George County
Fire, Rescue and Emergency Services (KGFRES) to provide materials, education, and/or training on how to safely
respond to on-site emergencies.

7.

Groundwater Monitoring. Ground water monitoring to assess the level of groundwater contamination shall take
place prior to, and upon completion of construction of the project, throughout the entire area of the electricity
generating facility.

8.

9.

a.

Ground water monitoring shall take place every 5 years of the operation of the project, and upon
completion of decommissioning.

b.

Results from said monitoring shall be delivered to the King George County Community Planning
Department.

Security Fencing. The facilities shall be enclosed by security fencing.
a.

All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as
appropriate.

b.

All security fencing shall be placed behind the buffer and must be screened from view.

c.

All security fencing shall be constructed so as to substantially lessen the likelihood of entry by
unauthorized individuals.

d.

A performance bond reflecting the costs of anticipated security fence maintenance shall be posted and
maintained.

e.

Failure to maintain the security fencing shall result in revocation of the Zoning Permit and/or Special
Exception Permit, and the facility’s decommissioning.

Warning Signage. Warning signage in conformance with National Fire Protection Association (NFPA), National
Electrical Safety Code (NESC), American National Standards Institute (ANSI), and all related state and federal
regulations shall be prominently displayed on all applicable structures and site entrances.

10. In addition to any requirements of Article III, Permits and Applications, of this Ordinance, applications for electricity
generating facilities shall include the following.
a.

Pre-application Meeting. A pre-application meeting shall be held with the Administrator to discuss the
location, scale, and nature of the proposed use, what will be expected during that process, as well as the
potential for a siting agreement.

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b.

Neighborhood Meeting. A public meeting shall be held to give the community an opportunity to hear
from the applicant and ask questions regarding the proposed project. The meeting shall adhere to the
following:
i. The applicant shall inform the Administrator and adjacent property owners in writing of the
date, time, and location of the meeting, at least 14 but no more than 21 days, in advance of the
meeting date.
ii. The date, time and location of the meeting shall be advertised in a newspaper of record in the
County by the applicant, at least 14 but no more than 21 days, in advance of the meeting date.
iii. The meeting shall be held within the County, at a location open to the public with adequate
parking and seating facilities that will accommodate persons with disabilities.
iv. The meeting shall give members of the public the opportunity to review application materials,
ask questions of the applicant, and provide feedback.
v. The applicant shall provide the Administrator a summary of any input received from members
of the public at the meeting and copies of any written submissions from the public.

c.

Project Narrative. A detailed narrative that:
i. Identifies the applicant, facility owner, site owner, and operator;
ii. Describes the proposed facility, including:
1.

An overview of the project and its location;

2.

The size of the site and the project area;

3.

Height of all principal and accessory structures and appurtenances;

4.

The current use of the site;

5.

The estimated time for construction and proposed date for commencement of
operations;

6.

The planned maximum rated capacity of the facility;

7.

If applicable, how and where electricity will be transmitted, including the location of
proposed electrical grid interconnection.

iii. Site Plan. In addition to the Site Plan requirements of Article III, Permits and Applications, of this
Ordinance, all Site Plans for electricity generating facilities may also require additional
information as determined by the Administrator – such as a scaled elevation view of the property
and other supporting drawings, photographs of the proposed site, photo or other realistic
simulations or modeling of the proposed project from potentially sensitive locations as deemed
necessary by the Administrator to assess the visual impact of the project, landscaping and
screening plan, coverage map, and additional information that may be necessary for a technical
review of the proposal.
iv. Construction Schedule. An estimated construction schedule.
v. Visual Impact Analysis. The analysis demonstrates project siting and proposed mitigation, if
necessary, so that the facility minimizes impact on the visual character of the municipality.

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1.

The applicant shall provide accurate, to scale, photographic simulations showing the
relationship of the facility and its associated amenities and development to its
surroundings. The photographic simulations shall show such views of all structures
from locations such as property lines and roadways, as deemed necessary by the
municipality to assess the visual impact of the facility.

2.

The total number of simulations and the perspectives from which they are prepared
shall be established by the Administrator after the pre-application meeting.

vi. Community Impact Assessment. An assessment of the impact on the immediate vicinity of the
proposed use as well as the greater King George County community.
1.

The report shall be prepared by a professional acting within his or her competency,
shall be presented in written form and shall analyze in specific terms the probable
impact of the project on the vicinity and community over time.

2.

Specific attention, as may be appropriate to the individual proposal, should be given
but not be limited to the following elements:

3.

a.

Anticipated direct revenues to the County from real estate and personal
property taxes;

b.

An assessment of employment opportunities to be created by the proposed
development;

c.

An assessment of the short- and long-term economic impact of the proposed
development;

d.

If the development is replacing an existing enterprise, including agriculture
and forestry, an assessment of the impact the current enterprise has on the
local economy and how the local economy will be impacted by the loss of the
existing enterprise;

e.

Fire, rescue, and law enforcement requirements as compared to existing
capacities and facilities;

The Administrator may waive certain elements of the Community Impact Assessment,
where the nature of the proposed facility makes such elements inapplicable.

vii. Environmental Impact Assessment. A statement regarding any site and viewshed impacts,
including direct and indirect impacts to national or state forests and grasslands, national or
state parks, County parks, wildlife management areas, conservation easements, recreational
areas, or any known historic or cultural resources within 5 miles of the proposed facility.
1.

Wetlands, rivers and streams, and floodplains shall be inventoried, delineated, and
mapped to provide baseline data for the evaluation of the current proposal and to
determine satisfactory decommissioning as required in this Section.
a.

The inventory and mapping of floodplain shall not be construed to allow
development within regulatory flood plain areas.

viii. Traffic Study.
1.

Information about the proposed facility’s traffic impacts, modeling both the
construction and decommissioning processes, to include:

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a.

The time of day that transport will occur;

b.

Characteristics of the loaded vehicles, including:
i. Length, height, width, curb weight;
ii. Maximum load capacity;
iii. Number of axles, including trailers; and
iv. Distance between axles.

c.

The number of vehicles transporting materials;

d.

The frequency of vehicle arrival at the site; and

e.

The number of drivers the project will employ.

2.

The haul route(s) shall be provided and approved for construction impacts.

3.

After review of the application’s traffic impact information, the County may require a
full traffic study to be accepted by an engineer approved by the County.

ix. Emergency Plan. Applications for electricity generating facilities that relate to the generation of
electricity shall include an emergency plan that, at a minimum, contains the following:
1.

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems
under emergency conditions to reduce the risk of fire, electric shock, release of
hazardous materials, and personal injuries, and for safe start-up following cessation of
emergency conditions.

2.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

3.

Procedures to be followed in the event of potentially dangerous conditions, including
shutting down equipment, summoning service, and repair personnel, and providing
agreed upon notification to fire department personnel for potentially hazardous
condition in the event of a system failure.

4.

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.
Procedures can include sounding the alarm, notifying the fire department, evacuating
personnel, de-energizing equipment, and controlling and extinguishing the fire.

5.

Procedures and schedules for conducting drills of these procedures and for training
local first responders on the contents of the plan and appropriate response procedures.

x. Decommissioning.
1.

All applications for electricity generating facilities shall require a Decommissioning
Plan.

2.

Electricity generating facilities which have reached the end of their useful life, have
been abandoned, or have not been in active and continuous service for a period of 12
months shall be decommissioned at the owner’s or operator’s expense, except if the
project is being repowered or a force majeure event has or is occurring requiring longer
repairs; however, the County may require evidentiary support that a longer repair
period is necessary.

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3.

The owner or operator shall notify the Administrator by certified mail of the proposed
date of discontinued operations and plans for decommissioning.

4.

If a facility is abandoned and the owner receives a notice of abandonment from the
Administrator, the owner shall either complete all decommissioning activities in
accordance with the Decommissioning Plan and all applicable state and federal
regulations.

5.

All Decommissioning Plans shall be certified by an engineer or contractor with
demonstrated expertise in energy generating facilities, and shall include the following:
a.

The anticipated life of the project.

b.

An estimated deconstruction schedule.

c.

The estimated decommissioning cost in current dollars.

d.

The estimated cost of decommissioning shall be guaranteed by bond, letter of
credit, or other security approved by the County.
i. The owner shall deposit the required amount into the approved
escrow account before any building permit is issued to allow
construction of or improvements to an electricity generating facility.
ii. The escrow account agreement shall prohibit the release of the bond
without the written consent of the County. The County shall consent
to the release of the bond upon the owner’s compliance with the
approved Decommission Plan. The County may approve the partial
release of the bond as portions of the approved Decommission Plan
are performed.
iii. The dollar amount of the bond shall be the full amount of the
estimated decommissioning cost without regard to the possibility of
salvage value.
iv. The owner or occupant shall recalculate the estimated cost of
decommissioning at least every 5 years. If the recalculated estimated
cost of decommissioning exceeds the original estimated cost of
decommissioning by 10%, then the owner or occupant shall deposit
additional funds into the bond to meet the new cost estimate. If the
recalculated estimated cost of decommissioning is less than 90% of
the original estimated cost of decommissioning, then the County
may approve reducing the amount of the bond to the recalculated
estimate of decommissioning cost.

6.

Hazardous material from the property shall be disposed of in accordance with federal
and state law.

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