Turkey shoots are permitted by special exception in the A-1 general agricultural and R-A residential agricultural districts, subject to the following conditions:

(1)

Distance and direction of discharge from public road. The point of discharge of firearms must be at least 300 feet from the right-of-way of a public road or private easement, and the direction of discharge of such firearms shall be in the opposite direction of such public road or private easement.

(2)

Distance and direction of discharge from occupied dwelling or structure. No firearm shall be discharged within 1,000 feet of an occupied dwelling, structure, or boundary of the applicant's property. This subsection may be waived with written permission from adjoining landowners, provided that the direction of discharge of such firearms shall be in the opposite direction of such occupied dwelling or structure.

(3)

Rifles prohibited. The use of rifles is prohibited.

(Code 1988, § 17-396)

(a)

No zoning or building permit shall be issued for the construction of a dwelling or other structure, except those strictly for agricultural use, unless such structure is to be located on a lot, tract or parcel of land which is shown on a plat recorded in the office of the circuit court clerk of the county and which has frontage as required by this chapter. When frontage is not upon an existing street or road maintained by the state department of transportation, the location and width of such easement or right-of-way shall be illustrated on a plat and recorded in the office of the circuit court of the county.

(b)

Any lot, tract or parcel of land or part thereof, which has been conveyed by deed dated on or before December 31, 1972, but which did not meet the applicable standards of this section on December 31, 1972, is hereby declared a lawful subdivision of land, provided that the following minimum standards have been observed:

(1)

The lot, tract or parcel of land is served by an easement or right-of-way, conveyed by deed and not less than ten feet in width, which extends from such lot, tract or parcel of land to an existing public road maintained by the state department of transportation. An easement of unspecified width, for the provisions of this subsection, will be assumed to be ten feet wide.

(2)

The area of such lot, tract or parcel of land meets applicable minimum requirements of this chapter.

(Code 1988, § 17-397)

The following minimum requirements must be observed in the establishment, operation and maintenance of a sanitary landfill:

(1)

M-2 general industrial and M-3 heavy industrial districts. Sanitary landfills are permitted by a special exception in M-2 and M-3 districts only in conjunction with the reclamation of land.

(2)

Health, sanitation and environmental codes, rules and regulations. The health, sanitation and environmental codes, rules and regulations of the department of health, state water control board and state air pollution control board, the commonwealth and the county applicable to such facilities must be observed. A statement from agencies of the state identified in this subsection must be submitted, addressing such matters as health hazards, water pollution and air pollution about the proposed site and operation.

(3)

External traffic. The external highway traffic plan and entrances and exits to such facilities shall be approved by the state department of transportation.

(4)

Screening. The site must be screened from all property lines.

(5)

Life, materials, use of facility. A statement which estimates the time of usage, materials to be used, condition of land upon completion of the fill and future use of the land must be attached to the site plan.

(6)

Ground cover. All areas not occupied by structures, driveways, walkways, parking areas, active fill areas and other authorized installations shall be covered with one or more of the following:

a.

Grass;

b.

Natural shrubbery;

c.

Plants; or

d.

Trees.

(7)

Bond. A cash bond, in an amount determined by the board of supervisors, must be posted by the applicant to ensure reclamation.

(8)

Site plan review and implementation. The applicant must propose and submit to the commission for its approval a site plan. The site plan must be clearly drawn to a scale of 200 feet to one inch and must show the following:

a.

The proposed title of the project and the names of the developer and person responsible for its preparation.

b.

Existing zoning and zoning district boundaries.

c.

A certified plat of the boundaries of the property involved; county boundaries; the general location, dimension, width, grade and treatment of all existent easements and existing roads; the general location of all buildings or waterways; major tree masses; and other existing physical features in or adjoining the project.

d.

Topography of the project area, both existing and proposed, with contour intervals of two feet or less.

e.

The approximate location and sizes of sanitary sewers, water mains, water storage facilities, disposal areas, and other underground structures, existing and planned, in or near the project.

f.

The general location, dimensions, width, proposed grades, treatment and character of construction of proposed internal driveways, parking areas, entrances and exits, outdoor lighting systems, storm drainage on and off the site, water service and sanitation facilities (dump stations, restrooms, etc.).

g.

The general location of proposed setback lines, rights-of-way and easements.

h.

Location with respect to each other and to lot lines and approximate height of all proposed buildings and structures, accessory and main, or major excavations.

i.

Preliminary plans and elevations of the various buildings and structures and sight lines from highways and existing residences.

j.

A landscaping plan indicating location, height, and material of all existing and proposed fences, walls, screen planting, landscaping and buffer strips (which shall be not less than 50 feet in depth).

k.

General location, character, size and height and orientation of proposed signs.

l.

A tabulation of the total number of acres in the project and the percentage thereof proposed to be devoted to the various uses, i.e., landfill area, parking, driveways, open space, and other reservations.

m.

Land use, both existing and potential, on the periphery of the project area must be identified.

n.

A vicinity map showing the relation of the proposed use to other uses in the vicinity.

o.

Drawings of the proposed exterior elevation and plans of all buildings and an outline of specifications of the proposed architectural treatments for those exteriors, including an architectural perspective drawing of the project as it will appear from its principal road frontage.

p.

Proposed plans for sedimentation control during construction and for stormwater drainage during operation.

q.

A statement of intent to comply with the minimum requirements and performance standards in this chapter and signed by the owner of the proposed development or, in the case of a governmental agency or a corporation, an officer thereof or its authorized agent.

(Code 1988, § 17-398)

State Law reference— Air pollution control board, Code of Virginia, § 10.1-1300 et seq.; Virginia Waste Management Act, Code of Virginia, § 10.1-1400 et seq.; State Water Control Law, Code of Virginia, § 62.1-44.2 et seq.

All federal government land leased or sold either for public or private use shall be considered to be zoned A-1 general agricultural, unless and until otherwise classified.

(Code 1988, § 17-399)

So long as such use is consistent with the health, safety and welfare requirements in this chapter, there may be housed and maintained in R-E, R-1, R-2 and R-3 Zoning Districts; one horse, mule, donkey, two small livestock or one pony on a lot of two acres or more. For each additional acre in excess of two acres, one additional horse, mule, donkey, two small livestock or one pony may be housed and maintained. No slaughtering of small livestock will be permitted unless for personal use only. The following conditions shall be met:

(1)

A fence shall be erected around the entire grazing area. The fence shall not be located closer than 150 feet to the front property line, nor closer than 150 feet to an existing dwelling located on an adjacent lot.

(2)

A stable or shelter shall be provided for the stabling of each horse, mule, donkey or pony. No stable or shelter shall be erected within 100 feet of any side or rear property line, nor within 150 feet of any front property line.

(3)

Storage of feed, grain and hay shall be provided and properly maintained and a bedding area shall be provided and maintained in a sanitary manner.

(4)

The keeping of horses, mules, donkeys, small livestock and ponies shall be done in such a manner so as not to be objectionable to the neighborhood by reason of odor, dust, insects, noise, air pollution or water pollution. No animal waste may be put into household trash. Animal waste should be composted on site or be disposed of in separate containers.

(5)

The keeping of horses, mules, donkeys, small livestock and ponies is for personal use only; no retail or wholesale use may be made of subject animals.

(Ord. No. O-13-01 (01-14-2014), § 1, 1-14-2014; Ord. No. O-13-04, § 1, 1-14-14)

Editor's note— Ord. No. O-13-01 (01-14-2014), § 1, adopted January 14, 2014, amended § 90-1035 in its entirety to read as herein set out. Former § 90-1035, pertained to similar subject matter, and derived from Code 1988, § 17-400.

So long as such use is consistent with the health, safety and welfare requirements in this chapter, there may be housed and maintained in R-E, R-1, R-2 and R-3 Zoning Districts poultry and bees on parcels of two acres or more.

There shall be no more than six poultry and two bee hives on two acres.

For each additional two acres in excess of two acres, six poultry and two bee hives shall be permitted. There shall be no roosters, gamecocks or male peacocks and no slaughtering of poultry will be permitted unless for personal use.

The following conditions shall be met:

(1)

A fence shall be erected around the entire enclosed area for poultry. The fence shall not be located closer than 150 feet to the front property line, nor closer than 150 feet to an existing dwelling located on an adjacent lot.

(2)

A poultry coop and the coop fencing shall be a minimum of 25 feet to the property line. A perimeter boundary fence may be placed on the property line for both containment and security purposes. The fenced outside run area shall be securely enclosed on the top and sides with chicken wire mesh or a similar fenced material to maintain such poultry on the premises.

(3)

Storage of feed, grain and hay shall be provided and it shall be properly maintained. A bedding area shall be provided and maintained in a sanitary manner for such poultry. Bee keepers shall maintain an on-site water source near the apiary and they should consider using moveable frames or combs.

(4)

The keeping of poultry and bees shall be done in such a manner so as not to be objectionable to the neighborhood by reason of odor, dust, insects, noise, air pollution or water pollution. No animal waste may be put into household trash. Animal waste should be composted on site or shall be disposed of in separate containers.

(5)

The keeping of poultry and bees is for personal use only; no retail or wholesale use may be made of poultry and bees. However, their by-products such as eggs, honey and beeswax products may be sold off-site at farmer's markets or at retail stores as regulated by certain state or federal agencies.

(Ord. No. O-13-01 (01-14-2014), § 1, 1-14-2014; Ord. No. O-13-04, § 1, 1-14-14)

Notwithstanding any other provision of this chapter, a sign shall be located 20 feet or more from any street or road right-of-way or easement; this shall be known as the setback line. There shall be excepted from this setback requirement residential identification signs, signs advertising the sale or rent of the premises and signs in which the lowest portion of the advertising area is a minimum of ten feet above the ground surface, which signs may be erected up to the property line. No sign shall be required to be set back from the street or road right-of-way or easement a distance greater than the setback line of the existing main structure on the lot.

(Code 1988, § 17-401)

Within the R-2 and R-3 residential districts, it shall be permissible to reduce the required lot sizes for single-family detached houses, provided that:

(1)

The subdivision within which such lot reduction is to be applied shall contain a minimum of 100 lots.

(2)

The reduction in lot size shall not exceed 50 percent of the lot size which would be required by the zoning district of size provisions, but in no instance shall the reduced lots be less than 7,000 square feet.

(3)

The lots for which a reduction in size is requested be used only for single-family houses.

(4)

The side yard, right-of-way setback and rear yard requirements shall be as set forth by the board of zoning appeals upon application for a variance from those required by existing provisions. Such yard requirements as determined by the board of zoning appeals shall be uniformly applied.

(5)

The number of lots permitted due to a reduction in lot size shall not exceed those permitted under conventional practice, taking into account any land upon which lots could not be platted.

(6)

There shall be available both central water and sewage disposal facilities.

(7)

Any lot within the development shall be at least 350 feet from any parcel currently zoned R-1, R-2 or R-3 residential.

(8)

The land not utilized for home sites as a result of any lot reduction shall be dedicated for open space and recreational use with provisions made to ensure maintenance of these lands. A minimum of 25 percent of this land is to be utilized for recreational purposes.

(9)

Any request made under this section shall be subject to review and approval by the planning commission and board of supervisors following a public hearing by both bodies prior to approval by the zoning administrator.

(Code 1988, § 17-402)

The placement of a manufactured home (mobile home) on an individual parcel with a principal dwelling or the construction of a second dwelling unit separated or attached without internal access to the principal dwelling shall be permitted subject to the following conditions:

(1)

This use is for a family member 65 years of age or older, or a physically or mentally handicapped family member with health impairments requiring close supervision and care from other persons with a physician's statement confirming such health conditions. For the purpose of this section, mental illness and developmental disability shall not include illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401.

(2)

The Virginia Department of Health shall be the certifying authority that the parcel or existing drain field is adequate to support the attached, detached second dwelling or manufactured home (mobile home).

(3)

The second dwelling unit shall be permitted for a period of one year from approval and must be renewed annually 30 days prior to the expiration date. The owner/applicant shall request renewal of the permit. This request shall be approved through an administrative permit signed by the director of planning or his/her designee. The administrative permit shall be accompanied by a notarized affidavit from the person whom the permit was issued that indicates the approved occupant(s) are residing in the attached or detached second dwelling. When the permittee hereunder no longer occupies such attached or detached second dwelling, such second dwelling shall have the kitchen facilities removed within 90 days, or if such second dwelling is a manufactured home (mobile home), said manufactured home (mobile home) shall be removed within 90 days. Failure to request renewal is indication that the second dwelling is no longer needed and such attached or detached second dwelling shall have the kitchen facilities removed within 90 days, or if such second dwelling is a manufactured home (mobile home), said manufactured home (mobile home) shall be removed within 90 days.

(4)

This administrative permit shall not be transferable nor run with the land.

(5)

Manufactured homes (mobile homes) are not permitted in the R-E, Residential Estate; R-1, Limited Residential; R-2, Limited Residential; or R-3, General Residential Zoning Districts.

(6)

Initial fee of $200.00 with a renewal fee of $25.00.

(Ord. No. O-06-04, 10-24-2006)

(a)

Statement of intent. The purpose of mixed use planned unit development districts is to promote the efficient use of land to allow for flexible application of development controls, promote a broad spectrum of land uses in more intensive developments, and protect the natural features and beauty of the land. Planned unit developments (PUDs) are intended to provide variety, flexibility, and convenience for residents. PUDs should be in accordance with the approved comprehensive plan and should be developed to allow for appropriate integration with existing land uses.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acreage, gross. The total amount of area, to include land unsuitable for development, within the PUD.

Acreage, net. The total area of land suitable for development within the PUD.

Age restricted residential. Residential communities occupied by those persons 55 years or older pursuant to Section 100.304 of the Department of Housing and Urban Development guidelines.

Agricultural. As defined in section 90-1 of the Code of the County of Prince George.

Business. Business shall mean any component of the PUD that is not used for residential, agricultural and recreational purposes and from which state and county tax revenues applicable to business are generated.

Business, convenience. Use designation, which permits limited retail and personal service establishments such as the sale of food, gasoline, hardware, banks, offices and personal service businesses for nearby residential communities.

Business, neighborhood. Use designation which permits neighborhood-oriented retail and service establishments such as small shopping centers or developments that serve neighborhood wide trade areas.

Business, regional. Use designation, which permits retail and service establishments such as shopping centers or developments located on large sites that serve regional areas.

Business, community. Use designation, which permits community, scale retail and service establishments to include shopping centers that serve community-wide trade areas.

Civic uses. Use designation that permits public facilities, to include but not limited to, uses such as governmental offices, fire and police facilities and public schools.

Development. As defined in section 90-1 of the Code of the County of Prince George.

Development review team. Group comprised of, but not limited to, staff from the following agencies:

(1)

Planning department.

(2)

Building official.

(3)

Utilities department.

(4)

Fire services.

(5)

Police department.

(6)

Virginia Department of Health.

(7)

Virginia Department of Transportation.

(8)

Economic development office.

Mixed-use building. An appropriate combination of two or more uses within a single structure. Mixed-use buildings may consist of residential, office and business uses.

Offices. Use designation, which permits for professional and administrative office uses, and similar uses.

Open space, unoccupied. Any area unoccupied by a building, structure, drive or parking area.

Open space, unusable. Any area of open space considered as undevelopable acreage based on the presence of one or more of the following:

(1)

Resource protection areas and resource management areas, which must be preserved to mitigate impacts to the water quality of adjacent streams or water bodies.

(2)

Wetlands.

(3)

Steep slopes.

(4)

Endangered native plant and animal life pursuant to the Virginia Department of Conservation and Recreation's 2003 Natural Heritage Plan.

Open space, usable. Any area of open space that is designated for community recreational uses, to include but not limited to uses such as swimming pools, athletic fields, tennis courts, basketball courts, golf courses, playgrounds, boating docks, walking, bridle and bicycle trails.

Phase. A component of the PUD that encompasses 20 percent or more of the PUD. Phased development shall include one or more of the following land uses along with supporting infrastructure:

(1)

Residential.

(2)

Office.

(3)

Commercial.

Primary right-of-way. Right-of-way with a functional classification as a collector road or major arterial. These classifications are defined below:

(1)

Collector road. Right-of-way that serves as a principal artery within residential and commercial areas. Collector roads typically have one or two lanes of traffic in each direction. Typical traffic volumes on these roads are from 1,000 to 10,000 vehicles per day. Typical speeds range from 25 to 35 miles per hour.

(2)

Major arterial. Right-of-way that serves as a major thoroughfare in rural areas. This right-of-way also carries through traffic within sections of urbanized areas. This right-of-way generally has two or three lanes of traffic in each direction. Typical traffic volumes on these roads are from 5,000 to 25,000 vehicles per day. Typical speeds range between 35 and 45 miles per hour.

Residential, single-family. Use designation that permits for attached and detached homes designed to be occupied by one family.

Residential, two-family. Use designation that permits for attached and detached homes designed to be occupied by two families.

Residential, multi-family. Use designation that permits for attached and detached homes designed to be occupied by three or more families.

Steep slope. Terrain generally classified as having a 25 percent vertical rise to the horizontal run.

Substantial modification. Any change that significantly alters and/or impacts the character of the approved master plan.

Village community. Communities, which are distinct because of unique cultural, historical and architectural heritage. Architectural standards shall be established in the village areas to maintain its historical characteristics.

(c)

Location and size of planned unit developments. The location of planned unit developments shall be in accordance with the approved comprehensive plan and an approved master plan of the PUD.

(1)

The PUD shall have limited direct access to primary right-of-ways within the county.

(2)

The minimum PUD size shall be no less than 25 acres of contiguous land.

(3)

The proposed PUD shall be designed in a manner to promote the fulfillment of the purposes in the comprehensive plan that is consistent with the plan, as well as other county plans and/or policies.

(4)

The PUD shall provide for the appropriate use and management of available land and will preserve and protect, to the greatest possible extent, the natural features of the land such as topographic features, trees and streams.

(5)

PUDs shall only be developed in areas where adequate transportation facilities, fire protection, schools, public water and sewer and other public and community facilities exist or will be available for the uses and densities proposed. The applicant shall be responsible for providing such facilities, which are not presently available. Public water and sewer shall be extended in accordance with the county utilities ordinance, comprehensive plan and any other applicable county plans and/or policies.

(d)

Submission process and documents required for submission. A pre-application conference with the applicant and director of planning or his designee shall be held prior to any filing for a rezoning. In addition, a pre-application meeting with the development review team prior to filing an application is required. The director of planning, prior to filing, may require a preliminary plan review from the applicant.

The applicant shall be required to send notification, schedule and conduct a meeting with residents that live within the vicinity of the proposed development. This public meeting shall be conducted prior to filing an application with the planning department.

The applicant shall submit any information required by the director of planning necessary to evaluate a rezoning application or plan of development, not limited to, but to include the following:

(1)

Application for rezoning.

(2)

A required application fee, as set forth within the most recent fee schedule approved by the county board, shall be submitted along with the application.

(3)

Ten copies of a master plan schematic for review.

(4)

Community impact statement.

a.

A certified planner, licensed surveyor, architect, landscape architect and/or engineer shall prepare the master plan. It shall include:

1.

A vicinity map showing the property with surrounding roads and adjacent properties at a scale of not less than one inch to one mile.

2.

A north arrow.

3.

The approximate boundaries of each section, land use and proposed density, location of proposed streets and right-of-ways, location of proposed common open space and recreation areas.

4.

Each land use section or area of the master plan shall be clearly labeled as:

•Single-family

•Two-family

•Multi-family

•Business uses

•Offices

•Mixed uses

•Open space

•Civic uses

Cases in which mixed uses will be present throughout the entire planned unit development, intended land uses shall be enumerated and designated on the master plan in regards to their location.

5.

It shall contain a table showing, for each section or different uses, the use, approximate development phasing, density and maximum number of dwelling units for residential areas, maximum area of square feet for commercial or office areas and maximum acreage of each.

6.

Indicate master water, sewer and drainage plans.

7.

A design manual for the PUD, to include descriptions and depictions for the following:

a.

An overall PUD description establishing the community characteristics, design themes and elements to be incorporated into the PUD, to include concepts relative to bulk, material composition and physical relationships.

b.

Proposed typical elevations for all structures, which shall include the following details:

i.

Facade materials, to include color(s) to be used.

ii.

Building height, depth and length. Building height shall be pursuant to the applicable requirements of the development standards for PUDs, subsection (m)(2).

iii.

Roof lines and roof material(s) to be used.

iv.

Screening for the air conditioning, heating and electrical systems used for commercial or mixed use buildings. Screening shall be established pursuant to the minimum requirements of the development standards for PUDs, subsection (m)(8).

c.

Community design characteristics to include the following details:

i.

Functional classifications for internal roads.

ii.

Streetscape design within the PUD. Streetscape design shall be established pursuant to the requirements of the development standards for PUDs, subsection (m)(3).

iii.

Proposed setback lines for each road type classified (if applicable).

iv.

Pedestrian system, including type(s) of impervious surface and/or paving to be used.

d.

Landscape details including plantings and larger specimen tree types and locations, street furniture, site lighting and recreational improvements for the following areas:

i.

Along the perimeter of the PUD.

ii.

Along major thoroughfares external to the PUD.

iii.

Internal streets.

iv.

Common areas.

v.

Parking lots.

Plantings, larger specimen tree types and site lighting shall be established pursuant to the applicable requirements of the development standards for PUDs .

e.

An open space plan, to include areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas around the perimeter of the PUD. The plan shall address how the features described in submission process and documents required for submission, subsection (d)(4)b.6.a. through f., shall be preserved and/or enhanced. Information on the specific design, location and timing of these areas and their ownership and maintenance should be included.

b.

The community impact statement shall be prepared and address:

1.

Assessment of impact on schools.

2.

A public utilities and services plan providing requirements for and provision of all utilities, sewer, public services and public facilities to serve the PUD. This plan shall address:

a.

Adequacy of existing utilities, water, sewer, public services and public facilities in the vicinity of the PUD.

b.

Public improvements both offsite and onsite that are proposed for construction and a cost estimate for providing these improvements.

3.

A traffic impact study pursuant to the Code of Virginia, § 15.2-2222.1.

4.

Economic impact of the proposed project.

5.

Employment opportunities to be created by the development.

6.

Environmental impact analysis, to include:

a.

Wetlands determination pursuant to the Army Corps of Engineers manual.

b.

Topography shown at five-foot contour intervals. Pre-development and post-development storm water runoff amounts shall be provided.

c.

Groundwater to be impacted to include ponds, lakes, streams, rivers and Chesapeake Bay associated water bodies.

d.

Flood plains.

e.

Tree lines to be impacted. The limits of clearing and where buffers will be installed shall be provided.

f.

Endangered native plant and animal life pursuant to the Virginia Department of Conservation and Recreation's 2003 Natural Heritage Plan.

7.

Historic resources to be impacted including, but not limited to, the historic areas identified as historic sites in the 2007 Draft Comprehensive Plan and all historic places designated by the National Register of Historic Places.

(5)

The proposed master plan shall be reviewed by all appropriate agencies to ensure that existing or planned public infrastructure can accommodate rezoning for the PUD.

(6)

The planning commission shall review the proposed master plan for a recommendation to the board of supervisors after the public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. The planning commission shall report its recommendation to the board of supervisors after the public hearing. The planning commission shall recommend approval, approval with appropriate modifications, or deny the master plan.

(7)

The board of supervisors shall review the proposed master plan, and act to approve, approve with modifications or deny the proposed master plan after receiving a recommendation from the planning commission and after a public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. Approval of the proposed master plan shall constitute acceptance of the plan's concepts and provisions pursuant to permitted uses in PUD developments, maximum PUD densities, and development standards for PUDs. The plan approved by the board of supervisors shall constitute the final plan for the PUD.

(e)

Revisions to the final master plan. Major revisions to the approved master plan shall be reviewed at a public hearing before the planning commission and board of supervisors following the procedures and requirements of submission process and documents required for submission subsection of this section.

Major revisions include, but are not limited to, changes such as:

(1)

Density increases in the PUD.

(2)

Changes that intensify permitted uses in the PUD by 20 percent or more.

(3)

Substantial changes in access or circulation.

(4)

Substantial changes in the mixture of dwelling unit's types within the PUD.

(5)

Substantial changes in the mixture of land use types.

(6)

Substantial changes in the amount of acreage devoted to nonresidential uses.

(7)

Reduction of acreage approved for open space, buffering or landscaping.

(8)

Substantial changes in site design or architectural features.

(9)

Any other change that the planning director deems a major change to the approved master plan.

(f)

Minor revisions to the final master plan. All other changes of the approved master plan shall be considered as minor revisions. The director of planning, upon receipt of a written request of the owner or authorized agent, may approve such minor revisions after consultation and agreement with any other impacted county or state agency.

(1)

A request, which is not approved by the director of planning, shall be considered as a major revision and shall be subject to the approval process outlined in submission process and documents required for submission subsection of this section.

(g)

Preliminary and final site plan approval.

(1)

Following the approval of the final master plan, the owner or the authorized agent shall be required to submit preliminary and final site plans.

(2)

Subdivision plans shall be submitted and reviewed simultaneously with the site plan submittal. Subdivision plans shall be submitted pursuant to the applicable requirements of the Prince George County Subdivision Ordinance.

(3)

Preliminary and final site plans submitted for review shall conform to the final master plan approved by the board of supervisors. Site plans shall be submitted pursuant to the applicable requirements of the Prince George County Zoning Ordinance.

(h)

Failure to proceed with development. Failure to submit a preliminary site plan for the PUD or any phase of the PUD within five years of the approval of the final master plan shall initiate a notice from the board of supervisors by certified mail to the applicant/owner to submit an application to the planning department to revert acreage in the PUD to its former zoning classification. The board of supervisors may act to approve the zoning reversion after a public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204. The applicant and owner shall bear all costs associated with the rezoning application and advertising.

(i)

Time extension to submit a preliminary site plan. The director of planning, upon receipt of a written request of the owner or authorized agent, may grant a time extension beyond five years to submit a preliminary site plan provided; however, such extension shall not exceed one year. The circumstance(s) to validate a time extension shall be deemed appropriate by the director of planning.

(j)

Permitted uses in PUD developments. Within PUD developments, the following uses are permitted in accordance with an approved master plan:

(1)

Agricultural.

(2)

Single-family residential.

(3)

Two-family residential.

(4)

Multi-family residential.

(5)

Age restricted residential.

(6)

Convenience retail business.

(7)

Neighborhood business.

(8)

Community business.

(9)

Regional business.

(10)

Offices.

(11)

Open space.

(12)

Civic uses.

(k)

Accessory structures and uses. Accessory structures and uses that are typically subordinate and incidental to the principal use shall be permitted on any parcel within the PUD.

(l)

Maximum PUD densities. Maximum densities allowable in the PUD shall be established through a recommendation of the planning commission and approval by the board of supervisors. The density within the PUD shall not exceed that which can be served by adequate public infrastructure either existing or planned at the time of rezoning.

(m)

Development standards for PUDs.

(1)

Parking. Off street parking shall be provided in accordance with section 90-861 of the county zoning ordinance.

(2)

Building height. Single-family detached shall not exceed 35 feet in height. Other residential structures shall be erected to a height not to exceed four stories.

Mixed-use buildings that include residences shall not be less than two stories in height. The first floor of a mixed-use building shall be used for commercial and/or office uses. Residential uses shall not be located on the first floor of a mixed-use building.

Nonresidential structures shall be erected to a height not to exceed 60 feet. Nonresidential structures over four stories shall not be located at the boundaries of land bays with lower maximum height restrictions.

(3)

Landscaping. All landscaping shall be established pursuant to an approved master plan. Plantings should be of low height with preference given to native and drought-resistant species. Landscaping is also encouraged throughout parking areas of multi-family, office and business development. Larger specimen trees shall be used between parking areas and public rights-of-way. Within large parking areas, planting shall be designed to break up large parking areas into smaller parking areas.

(4)

Site lighting. Site lighting shall be provided to allow for safe and efficient pedestrian and vehicular movement. Site lighting shall be designed to minimize the trespass of light onto adjacent buildings and glare.

The light fixtures shall serve as way finders and enhance the character of the PUD during the nighttime. Light fixture locations are subject to site plan review pursuant to an approved master plan.

General lighting requirements: Lighting on parcels shall be subject to the following requirements:

a.

Downward directional lighting shall be used for all freestanding or building mounted lights on site.

b.

Light intensity shall not exceed 0.5 foot-candles above background levels, measured at ground level at any parcel line. Light levels at adjacent parcel lines with similar uses shall be exempt from this requirement.

c.

The maximum height for light fixture poles in the following locations is:

1.

Pedestrian walks and sidewalks, plazas and open spaces: 16 feet

2.

Internal streets: 20 feet

3.

Parking areas: 30 feet

d.

Site plans for any business or office use that operates during any hour of darkness shall include:

A lighting plan for the entire site to be developed, which shall include a photometric plan, light fixture specifications, and fixture mounting detail. Light sources from business or office sites shall be not directed towards adjoining residential parcels.

(5)

Signage. Signs shall comply with the requirements set forth in sections 90-1 and 90-1036 of the county zoning ordinance. Signage shall be compatible with the architecture of the building and are limited to monument signs, building mounted signs placed at a consistent height, signs in shop windows and hanging signs.

(6)

Open space. Usable open space shall be provided within the PUD. No less than 15 percent of the gross acreage of the PUD shall be usable open space. Natural features such as wetlands and ravines, tree lines or high points of topography may be utilized for residential open space but not counted towards meeting the 15 percent requirement.

Permitted uses shall be pursuant to the definition of usable open space in the subsection (a) of this section.

Improvements in usable open spaces may be used as a credit towards the gross acreage requirement. These improvements shall be reviewed by the planning commission and the board of supervisors pursuant to submission process and documents required for submission section items (5) through (7).

Improvements in usable open space areas shall be maintained and replaced, as necessary, by the homeowners' association.

Undevelopable acreage shall not be applied to meet the usable open space requirement.

Paved sidewalks shall be installed along all roads and streets in residential, office and commercial areas according to VDOT standards for acceptance in the VDOT system for maintenance. Paving shall not be required for walking trails, bridle and bicycle trails that are not in the VDOT rights-of-way.

The edges of the open space area shall be clearly defined through landscaping.

(7)

Natural features. Natural features such as wildlife habitats, historic sites, and irreplaceable assets shall be preserved to the maximum extent possible.

(8)

Screening. Screening is required for service, loading and trash areas, as well as, mechanical equipment. Screening shall be constructed in a manner that minimizes views into the areas from adjacent right-of-ways and buildings. Mechanical equipment shall be screened by walls, fences or plantings that are a minimum of five feet in height.

(9)

Vehicular access. Vehicular access to the internal streets within the PUD shall be established through a boulevard style collector road. Parking areas shall be accessed from internal streets. Access points along internal streets shall align with streets and parking area access that intersect at a common point, where possible, in order to limit conflict points and promote the continuation of those streets. Shared common access points into parking lots shall be established to limit conflict points from internal streets. Cross-access easements between adjacent parking lots shall be established whenever possible to limit conflict points along internal streets. All proposed access points shall be reviewed by the Virginia Department of Transportation for access management. All streets shall meet the standards of and be maintained by the VDOT.

(10)

Architectural standards for village communities. Architectural standards shall be established for village communities to maintain the character of the village areas to provide assistance and guidance in the maintenance of their historical characteristics.

(11)

Use compatibility. Business and office uses shall be compatible with residential uses when integrated with such uses. Any traffic, noise, lights generated by business or office uses shall be mitigated by design when integrated with residential uses. Outside storage shall not be permitted. There shall not be any emissions that may have a detrimental effect in the community.

(12)

Age restricted residential communities. Age restricted residential communities are permitted in PUDs provided that the development is established pursuant to Sections 100.304 through 100.307 of the Department of Housing and Urban Development guidelines.

(13)

Homeowners' association. A homeowners' association shall be created during the subdivision process when any of the following conditions are proposed:

a.

Alleys, pedestrian access ways and/or sidewalks that are not maintained by the Virginia Department of Transportation.

b.

Commonly held parcels or open space are proposed.

c.

Storm water management infrastructure/best management practices located on a commonly held parcel.

(n)

Modifications to development standards. The planning commission may grant modifications to development standards established in this section. Modifications may be granted with or without conditions. The owner or authorized agent shall submit an application to the planning department to request modifications to development standards. The planning commission shall review this request after the public hearing has been advertised pursuant to Code of Virginia, § 15.2-2204.

(1)

No development standard modification shall be authorized by the planning commission unless substantial compliance has been determined for the following factors, as applicable:

a.

By reason of the exceptional size and/or shape of the parcel or parcels or by reason of exceptional topographic conditions when strict application of the terms in this section would prevent or reasonably restrict the use of the parcel or parcels.

b.

The granting of the modification will provide relief from a clearly demonstrated hardship. This hardship shall be distinguishable from a special privilege or convenience.

c.

The modification will not endanger the public safety, health or general welfare of adjacent parcel owners; and will not change the character of the PUD.

d.

The modification will comply with the comprehensive plan.

(Ord. No. O-07-03, 6-12-2007)

State Law reference— Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments, Code of Virginia § 15.2-2204 and coordination of state and local transportation planning, Code of Virginia § 15.2-2222.1

(a)

Pursuant to Code of Virginia, § 15.2-2286, and in accordance with the following criteria, the administrator shall be granted to authorize variances from the setback and yard requirements of this chapter upon the following conditions:

(1)

The administrator shall find in writing that:

a.

The strict application of the ordinance would produce an undue hardship;

b.

Such hardship is not shared generally by other properties in the same zoning district and same vicinity; and

c.

The authorization of the variance will not be of substantial detriment to adjacent property; and

d.

The granting of the variance will not change the character of the zoning district.

(2)

A variance granted by the administrator shall be the minimum necessary to relieve the hardship.

(3)

Prior to the granting of a variance, the administrator shall give all adjoining property owners, as shown on the current real estate tax assessment records of the county, written notice of the request for the variance. Such owners shall be given an opportunity to respond to the request within 21 days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the board of zoning appeals for decision in accordance with the rules of procedure for the board.

(4)

Applications for variances authorized by this section shall be submitted to the administrator on forms provided by the administrator, and shall be accompanied by a fee as set forth in the county fee schedule.

(b)

The administrator shall be authorized to grant variances from:

(1)

The interior side yard and rear yard requirements of this chapter for single-family dwellings and nonprofit uses and their accessory structures; provided that no such variance is greater than 50 percent of the requirement contained in this chapter.

(2)

The setback regulations of this chapter for single-family dwellings and nonprofit uses; provided that no such variance is greater than 50 percent of the requirement contained in this chapter.

(Ord. No. O-09-07A, 10-13-2009)

The following requirements shall apply to the permitting and operation of mobile food units in permitted zoning districts of the county.

(1)

Exclusions. The provisions of this section shall not apply to mobile food units sales locations in conjunction with the following:

a.

A special event, for which a special event permit is required per chapter 58 of the county code.

b.

A private catered event not serving the general public.

(2)

Zoning permits.

a.

Base of operations. For mobile food unit businesses based in Prince George County, in addition to zoning approval for the sales location(s), zoning approval must be obtained for the base of operations, where activities such as storage, loading and garaging (regular overnight parking) take place.

b.

Commissary. For mobile food unit businesses which prepare food outside of the mobile food unit and inside a health department-approved commissary located in Prince George County, zoning approval shall be required for the commissary location either separately or as part of the base of operations.

c.

Sales location(s). Applicants must seek zoning approval for sales operation on each individual lot, and may have multiple sales locations on a single lot.

d.

Renewal and fees. Operators must seek renewal of approval for sales location(s) each year, regardless of any business license exemption. A single fee shall cover the review of up to five different lots for sales locations during a calendar year.

e.

Amendment. At any time during the permit period, the operator may modify approved location(s) on a lot by submitting an updated sketch, with property owner authorization.

f.

Display. Copies of the zoning permit and all applicable permits or licenses shall be kept in the food unit at all times.

(3)

Zoning permit application. A zoning permit must be obtained for each sales location prior to beginning on-site operations. Applications shall be accompanied by the following:

a.

Health department license. A copy of a valid license from Virginia Department of Health for the unit.

b.

Business license. A copy of a valid business license for the business from a locality in the state of Virginia.

c.

Zoning approval for base of operations and/or commissary. If applicable.

d.

Owner permission. Signed authorization from the property owner or agent of any lot or parcel proposed to accommodate a unit for a sales location.

e.

Site sketch. Applicants shall provide a scaled drawing or aerial imagery to show the proposed location(s) of the unit on the lot, and additional detail upon request to show compliance with the zoning ordinance.

(4)

Fire safety compliance. Exhaust systems and fire protection systems shall be inspected and cleaned in accordance with the Virginia Statewide Fire Prevention Code.

(5)

Location of unit for operation shall adhere to the following requirements:

a.

At least 15 feet from the edge of any driveway, utility box or vaults, handicapped ramp, building entrance, exit or emergency access/exit, emergency call box or fire hydrant.

b.

At least 100 feet from any on-site residential dwelling or the main entrance of any existing off-site food establishment.

c.

Not within any area of the lot or parcel that impedes, endangers, or interferes with access, passage or circulation of other lot users, or creates safety or visibility problems for vehicles and pedestrians.

d.

Not in designated handicapped parking spaces.

e.

Not in any right-of-way, nor obstructing any access easement nor fire lane.

(6)

Equipment and furniture used for the operation of the unit shall be considered physically part of the use of the unit for setback purposes, shall be located within 20 feet of the unit, and shall be removed when the unit is removed.

(7)

Parking provided.

a.

Sufficient parking area shall be available to provide a minimum of ten shared off-street spaces, or a minimum of five spaces when no other use is present, excluding any spaces occupied by the unit.

b.

Available parking shall be of sufficient quantity and location such that there is no obstruction of a public right-of-way used to access the lot.

c.

Parking construction standards shall be in accordance with article XIX of this chapter.

(8)

Signage.

a.

No more than one unattached A-frame or equivalent temporary sign may be used for advertising or attention-getting purposes, which may be positioned no more than 50 feet from the unit and shall not exceed six square feet in area for each face and four feet in height, and shall not be placed within ten feet of a public road right-of way.

b.

Signage for menu purposes located within three feet of the unit shall be considered attached for the use.

c.

Attention-getting appurtenances such as flags and banners, whether attached or detached, shall not be allowed, unless by another section of this chapter.

d.

All signage and appurtenances must be removed when the unit is removed.

(9)

Lighting. No flashing or moving lights are permitted as part of a unit's operation.

(10)

Noise. Operation of the units shall be in compliance with the county's noise ordinance.

(11)

Trash and waste. Operators shall provide at least one trash receptacle within ten feet of the unit and are responsible for the proper disposal of waste and trash associated with the operation.

(12)

Presence of operator. When open for business, the operator of the unit or designee must be present at all times, except in cases of emergency.

(13)

Hours of operation. Operational hours for units shall be between the hours of 6:00 a.m. to 8:00 p.m., for a maximum of six hours per individual lot during a single day, including packing and unpacking of supplies and equipment. At the end of the six-hour time period, equipment and furniture shall be either removed from the site or stored on-site within the unit or within an enclosed structure.

(14)

Enforcement. If at any time evidence is provided that a lot is being used other than in compliance with an approved permit or the zoning ordinance, the property owner may be cited for the violation in accordance with section 90-17, and/or the permit may be revoked.

(Ord. No. O-20-18, § 5, 8-11-2020)

(a)

Authority. This battery energy storage systems ordinance is adopted pursuant to the Code of Virginia, § 15.2-2280, of the Commonwealth of Virginia, which authorizes the County of Prince George to adopt zoning provisions that advance and protect the health, safety and welfare of the community.

(b)

Statement of purpose. This battery energy storage system ordinance is adopted to advance and protect the public health, safety, welfare, and quality of life of the county of Prince George by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

(1)

To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;

(2)

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;

(3)

To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and

(4)

To create synergy between battery energy storage system development and the surrounding community.

(c)

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANSI means the American National Standards Institute.

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 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.

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 12-volt 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:

(1)

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.

(2)

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.

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

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:

(1)

The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.

(2)

No other occupancy types are permitted in the building.

(3)

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.

(4)

Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:

a.

The areas do not occupy more than ten percent of the building area of the story in which they are located.

b.

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.

Energy code means the Virginia USBC Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

Fire code means the fire code sections of the USBC and the Virginia Statewide Fire Prevention Code, as currently in effect and as hereafter amended from time to time.

Nationally recognized testing laboratory (NRTL) means a U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

NEC means the National Electric Code.

NFPA means the National Fire Protection Association.

Non-dedicated-use building means all buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.

Non-participating property means any property that is not a participating property.

Non-participating residence means any residence located on non-participating property.

Occupied community building means any building in Occupancy Group A, B, E, I, R, as defined in the USBC and/or the International Building Code, including, but not limited to, schools, colleges, daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.

Participating property means a battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.

Uniform code means the Virginia Uniform Statewide Building Code adopted pursuant to Code of Virginia, § 36-98, as currently in effect and as hereafter amended from time to time.

(d)

Applicability.

(1)

The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the County of Prince George after the effective date of the ordinance from which this section is derived, excluding general maintenance and repair.

(2)

Battery energy storage systems constructed or installed prior to the effective date of the ordinance from which this section is derived shall not be required to meet the requirements of this section.

(3)

Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.

(e)

General requirements.

(1)

All battery energy storage system installations shall comply with site plan requirements in accordance with section 90-824.

(2)

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 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.

(3)

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.

(f)

Permitting requirements for tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and are exempt from separate site plan review.

(g)

Permitting requirements for tier 2 battery energy storage systems. Tier 2 battery energy storage systems are permitted through the issuance of a special exception by the board of supervisors within the M-1, M-2, M-3, A-1 and R-A zoning districts, and shall be subject to the special exception application process, the USBC, and the site plan application requirements set forth in this section. All applications shall address at a minimum the following items:

(1)

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.

(2)

Signage.

a.

The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.

b.

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.

(3)

Lighting. 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.

(4)

Vegetation and tree-cutting. Areas within 20 feet on each side of tier 2 battery energy storage systems 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.

(5)

Noise. 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.

(6)

Decommissioning.

a.

Decommissioning plan. The applicant shall submit a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

1.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

2.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

3.

The anticipated life of the battery energy storage system;

4.

The estimated decommissioning costs and how said estimate was determined;

5.

The method of ensuring that funds will be available for decommissioning and restoration;

6.

The method by which the decommissioning cost will be kept current;

7.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

8.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

b.

Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain the fund or bond payable to the County of Prince George, in a form approved by the County of Prince George for the removal of the battery energy storage system, in an amount to be determined by the County of Prince George, for the period of the life of the facility. This fund may consist of a letter of credit Virginia-licensed financial institution. All costs of the financial security shall be borne by the applicant.

(7)

Site plan application. For a tier 2 battery energy storage system requiring a special exception permit, site plan approval shall be required. Any site plan application shall include the following information in addition to the items listed in section 90-824:

a.

Property lines and physical features, including roads, for the project site.

b.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

c.

A three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

d.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

e.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

f.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.

g.

Zoning district designation for the parcel(s) of land comprising the project site.

h.

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the all applicable codes. Battery energy storage system commissioning shall be conducted by a Virginia-licensed professional engineer after the installation is complete but prior to final inspection and approval. A report describing the results of the system commissioning and including the results of the initial acceptance testing shall be provided prior to final inspection and approval and maintained at an approved on-site location.

i.

Fire safety compliance plan.

j.

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.

k.

Erosion and sediment control and storm water management plans.

l.

Emergency operations plan.

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 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 response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

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.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

6.

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

7.

Water containment plan.

8.

Other procedures as determined necessary by the County of Prince George to provide for the safety of occupants, neighboring properties, and emergency responders.

9.

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.

(8)

Special exception permit standards.

a.

Setbacks. 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.

b.

Lot size. 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 wetlands, floodplains, and any other environmental concerns.

c.

Height. Tier 2 battery energy storage systems shall comply with the building height limitations for principal structures of the underlying zoning district.

d.

Fencing requirements. 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.

e.

Screening and visibility. 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.

(9)

Ownership changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special exception permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special exception permit, site plan approval, and decommissioning plan. A new owner or operator of the battery storage system shall notify the County planning division and county attorney of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the county in writing. The special exception permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the county in the required timeframe. Reinstatement of a void special exception permit will be subject to the same review and approval process for new applications under this section.

(10)

Copy of provider service agreement with energy/utility provider.

(h)

Safety.

(1)

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:

a.

UL1973 (standard for batteries for use in stationary, vehicle auxiliary power and light electric rail applications),

b.

UL 1642 (standard for lithium batteries),

c.

UL 1741 or UL 62109 (inverters and power converters),

d.

Certified under the applicable electrical, building, and fire prevention codes as required.

e.

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.

(2)

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.

(3)

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.

(i)

Abandonment. 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.

(j)

Enforcement. Any violation of this battery energy storage system shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the building, zoning, or land use regulations of the County of Prince George.

(k)

Severability. The invalidity of unenforceability of any section, subsection, paragraph sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

(Ord. No. O-22-13, § 1, 5-10-2022)