HomeMy WebLinkAboutDRRCAgenda2026May281.Zoning Ordinance Text Amendment Proposals
1.A.Battery Energy Storage Systems as a Conditional Use
This is a proposal to amend the Chapter 165 - Zoning Ordinance to allow battery
energy storage facilities in the RA (Rural Area), M1 (Light Industrial), M2 (General
Industrial), TM (Technology Manufacturing), and EM (Extractive Manufacturing)
Districts as a conditional use requiring a conditional use permit (CUP). It also
establishes additional regulations and a definition for battery energy storage systems.
This proposed amendment was initiated by the Board of Supervisors at the request of a
developer.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, MAY 28, 2026
4:00 PM
FIRST-FLOOR CONFERENCE ROOM
107 NORTH KENT STREET, WINCHESTER VA 22601
OA_BatteryEnergyStorageSystemsConditionalUse.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: May 28, 2026
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Battery Energy Storage Systems as a Conditional Use
Attachments:
OA_BatteryEnergyStorageSystemsConditionalUse.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Development Review and Regulations Committee
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Battery Energy Storage Systems as a Conditional Use
DATE: May 21, 2026
______________________________________________________________________________
Proposal:
This is a proposal to amend the Chapter 165 - Zoning Ordinance to allow for battery energy storage
systems in the RA (Rural Area), M1 (Light Industrial), M2 (General Industrial), TM (Technology
Manufacturing), and EM (Extractive Manufacturing) Districts as a conditional use, requiring
approval of a conditional use permit (CUP). It also establishes additional regulations and a
definition for battery energy storage systems.
This ordinance amendment was initiated by the Board of Supervisors at the request of a developer
at their regular March 25, 2026, meeting. The ordinance amendment is anticipated to have public
hearings held at the Planning Commission’s July 1 meeting and at the Board of Supervisor’s August
12 meeting.
Current Zoning Ordinance Standard:
The current zoning ordinance does not include battery energy storage systems as a use and does
not provide any additional regulations or a definition.
Requested Action:
Staff are seeking comments from the Committee to forward to the Planning Commission and the
Board of Supervisors for additional discussion.
______________________________________________________________________________
Attachments: 1. Proposed Changes – Redline
2. Locality Comparison
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CHAPTER 165 | FREDERICK COUNTY ZONING ORDINANCE
VI-1
Article XI. Definitions.
Part 1101. Word Usage.
Section 165-1105.03. Public/Civic/Institutional.
BATTERY ENERGY STORAGE SYSTEM(BESS)— One or more devices, individually or assembled
together, which are capable of absorbing and storing such energy for a period of time, and
redelivering the energy after it has been stored.
Article VII. Additional Regulations for Specific Uses.
Part 703 Public/Civic/Recreational Use Standards.
Section 165-703.10. Battery Energy Storage System (BESS)Landscape and
buffering.
A. A Category C Type full screen buffer is required around the perimeter of the facility.
(1) All battery storage facilities will be setback at least 200’ from all property lines.
(2) Areas within 20 ft. on each side of Battery Energy Storage Facility must be
cleared of combustible vegetation and other combustible material. Single
specimens of trees, shrubbery, or cultivated ground cover such as green grass,
ivy, succulents, or similar plants used as ground covers will be permitted to be
exempt, if they do not form a means of readily transmitting fire. Removal of
trees should be minimized to the extent possible.
B. Security and Safety Features.
(1) Any battery energy storage system must be completely enclosed with a minimum
6’ opaque fence.
i. Where adjacent to the RA district, security fencing must be placed
behind the buffer and screened from view.
(2) Every individual battery must have 24/7 automated fire detection and
extinguishing technology.
(3) The Battery Management System must be capable of shutting down the system
before thermal runaway takes place.
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CHAPTER 165 | FREDERICK COUNTY ZONING ORDINANCE
VI-2
(4) The Battery Management System must monitor individual battery module
voltages and temperatures, container temperature and humidity, off-gassing of
combustible gas, fire, ground fault and DC surge, and door access.
C. Emergency Operations Plan. Any applicant for an energy storage shall provide an Emergency
Operations Plan, reviewed and approved by the Frederick County Fire Marshal. The following
must be included:
D. 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 the cessation of emergency operations.
E. Procedures for inspection and testing of associated alarms, interlocks, and controls.
F. Procedures for handling energy storage system equipment damaged in a fire or other
emergency event, including contact information for personnel qualified to safely remove
damaged energy storage system equipment from the facility.
G. Procedures and schedules for conducting drills and training exercises for local first responders
on the plan and appropriate response procedures.
H. 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.
I. Response considerations similar to a safety data sheet (SDS) that will address response safety
concerns and extinguishment even if an SDS is not required by another code or standard.
J. Procedures to be followed in response to notifications of system alarms or out-of-range
conditions that could signify potentially dangerous conditions, including shutting down
equipment, summoning service or repair personnel, and providing agree-upon notification to
fire department personnel, if required.
K. Applicable Codes.
(1) Facilities must comply with National Fire Protection Association (NFPA ( 855.
(2) Facilities must comply with Underwriters Laboratories (UL) 9540A or approved equivalent,
with subcomponents meeting each of the following standards as applicable:
i. UL 1973 (Batteries for Use in Light Electric Rail (LER) and Stationary Applications).
ii. UL 1642 (Lithium batteries).
iii. UL 1741 or UL 62109 (Standard for Inverters, Converters, Controllers and
Interconnection System Equipment for Use with Distributed Energy Resources).
(3) Facilities must comply with Standard for Test Method for Evaluating Thermal Runaway
Fire Propagation in Battery Energy Storage Systems.
L. Siting Agreement. Any applicant for an energy storage project shall provide notice of intent to
enter into a siting agreement with Frederick County in accordance with Code of Virginia §
15.2-2316.7.
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CHAPTER 165 | FREDERICK COUNTY ZONING ORDINANCE
VI-3
M. The approval of a siting agreement in accordance with Code of Virginia § 15.2-2316.8.B shall
deem the energy storage facility to be substantially in accord with the Comprehensive Plan,
thereby satisfying the requirements of Code of Virginia § 15.2-2232.
N. The failure of an applicant and the Board of Supervisors to enter into a siting agreement may
be a factor in the Board’s decision in the consideration of any land use approvals for a energy
storage project, but shall not be the sole reason for a denial of such land use approval.
O. The effect of such siting agreement shall be as established in Code of Virginia § 15.2-2316.9.
P. Decommissioning. Any owner, lessee, or developer of real property for the purposes of battery
energy storage shall enter into a written agreement, prior to site plan approval, with Frederick
County to decommission energy storage equipment, facilities, or devices pursuant to the terms
and conditions of Code of Virginia § 15.2-2241.2(B).
Section165-603.02 Use Matrix.
[Table VI-1, Use Matrix, begins on the following page.]
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CHAPTER 165 | FREDERICK COUNTY ZONING ORDINANCE
VII-4
Use Type
Primary Zoning Districts
Use
Performance
Standards
RA RP MH1 R4 R5 MS B1 B2 B3 TM M1 M2 EM HE
P = Permitted CUP = Permitted w/Conditional Use Permit A = Accessory
PUBLIC, CIVIC, AND RECREATIONAL
Battery Energy Storage Facility CUP CUP CUP CUP CUP 165-703.10
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Fairfax Loudoun
Allowed Districts Certain rural districts, industrial industrial districts
Barrier fence or wall locked fate and fence 10' from energy storage
emergency operations plan Y Y
decommissioning plan Y Y
Wildlife Corridor
noise study Y Y
NFPA 855 Y Y
Standard for the installation of Stationary
Energy Storage Systems Y Y
Underwriters Laboratories (UL) 9540A Y Y
Standard for Test Method for Evaluationg Thermal
Runaway Fire Propagation in Battery Energy Storage Systems Y Y
residential buffer T3 D or E Type C
commercial buffer T1 D orE Type B
Minimum Area N/A 3 acres
public road 50
principal buildings 20
adjoining energy storage system 10
residential 100
non-residential 50
Unit Size Cap N/A 900 sq. t or max of MFPA 855
Historic Resources N/A 1/3 mile from historic resource
Noise Barrier N/A Y
Proximity to Transmission Lines co-located with substation or solar power N/A
Split between 600 kWh Y Y
Emergency Access N/A N/A
N/A
Definition
An energy storage facility consisting of rechargeable batteries typically
enclosed in a physical container, capable of collecting and storing electrical energy from
the grid or energy generation facility and then discharging that energy at a future time, with a
maximum stored energy greater than 600 kWh. A facility is not a large-scale battery energy
storage system if it (a) has a total maximum stored energy of 600 kWh or less, or (b) is
located inside a building with a separate principal use and primarily serves that use.
An energy storage facility consisting of rechargable
batteries typically enclosed in a physical container, capable of
collecting and storing electrical energy from the grid or energy
generation facility and then dishcarging that energy at a future time,
with a maximum stored energy greater than 600 kWH. A facility is not a
large scale battery energy storage system if it (a) has a total maximum
stored energy of 600 kWh or less, or (b) is located inside a building with
a seperate principal use and primarily serves that use
Required Supplementals
Setbacks
Buffer
Additional Codes
N/A
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Henrico Prince William ordinance Rockingham
Prince William Zoning Determination Phone call w/
planning staff
Allowed Districts All districts
Data center opportunity zone overlay district (by-right);
all districts by SUP
Barrier N/A N/A
emergency operations plan Y Y
decommissioning plan Y Y
Wildlife Corridor
noise study
NFPA 855 Y
Standard for the installation of Stationary
Energy Storage Systems
Underwriters Laboratories (UL) 9540A
Standard for Test Method for Evaluationg Thermal
Runaway Fire Propagation in Battery Energy Storage Systems
residential buffer Transitional Buffer 50
commercial buffer Transitional Buffer 25
Minimum Area N/A N/A
Drafting new
ordinance
public road
principal buildings
adjoining energy storage system
residential
non-residential
Unit Size Cap N/A N/A
Historic Resources N/A N/A
Noise Barrier N/A N/A
Proximity to Transmission Lines N/A N/A
Split between 600 kWh N/A N/A
Emergency Access N/A N/A
N/A N/A
Definition
A structure or facility that is a relatively important
component central
to the functioning of an infrastructure system that
provides community- or region-wide utility services.
Examples of major utility facilities include potable
water treatment plants, water towers, wastewater
treatment plants, solid waste facilities, gas compressor
stations, energy storage facilities, and electrical
substations serving a community- or region-wide area
see determination; captured under electric substation--
an electrical installation which contains generation or power-
conversion equipment and associated electric equipment and
parts, such as switchboards, switches, wiring, fuses, circuit
breakers, compensators and transformers.
Required Supplementals
Setbacks
Buffer
Additional Codes N/A
N/A N/A
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Albermale Shenandoah Stafford
Allowed Districts RA, industrial districts agricultural, industrial Rural, industrial districts
Barrier 61" fence; razor wire fence 6' fence
emergency operations plan Y Y
decommissioning plan Y Y Y
Wildlife Corridor Y
noise study Y
NFPA 855 Y
Standard for the installation of Stationary
Energy Storage Systems Y
Underwriters Laboratories (UL) 9540A Y
Standard for Test Method for Evaluationg Thermal
Runaway Fire Propagation in Battery Energy Storage Systems Y
residential buffer 300' setback 50' wide 8' high at planting
commercial buffer 100' setback 50' wide 8' high at planting
Minimum Area N/A N/A N/A
public road 500
principal buildings 100 100
adjoining energy storage system 100
residential 300 100
non-residential 100 100
Unit Size Cap N/A N/A N/A
Historic Resources N/A 300' setback N/A
Noise Barrier N/A N/A N/A
Proximity to Transmission Lines N/A N/A 2.5 miles
Split between 600 kWh N/A N/A N/A
Emergency Access N/A N/A N/A
N/A N/A N/A
Definition
physical container or collection of containers that both
(a) has a combined total area
greater than 500 square feet, (b) provides secondary
containment to battery cells, and (c) is equipped with
cooling, ventilation, fire suppression, and related
technical and safety components.
A facility wherein, one or more devices,
assembled together,
and/or structures capable of storing energy or
energy potential in order to supply electrical
energy at a future time, not to include gas
stations, electric charging stations, fossil fuel
storage, biological energy storage, mechanical
energy storage, thermal energy storage, a stand-
alone 12 volt car battery, or an electric motor
vehicle. Such devices and/or structures are
capable of storing more energy than the AAEN of
the property upon which the LSESS is located.
Energy storage equipment and technology
capable of absorbing energy, storing such
energy for a period of time, and redelivering
such energy after it has been stored.
Required Supplementals
Setbacks
Buffer
Additional Codes
N/A
N/A N/A
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Spotsylvania Fauquier Chesterfield
Draft ordinance emailed planning staff
Allowed Districts Agricultural, EG (industrial)
Barrier 6' + razor wire N/A N/A
emergency operations plan Y
decommissioning plan Y N/A N/A
Wildlife Corridor
noise study
NFPA 855 Y
Standard for the installation of Stationary
Energy Storage Systems Y
Underwriters Laboratories (UL) 9540A Y
Standard for Test Method for Evaluationg Thermal
Runaway Fire Propagation in Battery Energy Storage Systems Y
residential buffer Y
commercial buffer Y
Minimum Area N/A N/A N/A
public road
principal buildings 100
adjoining energy storage system
residential
non-residential
Unit Size Cap N/A N/A N/A
Historic Resources N/A N/A N/A
Noise Barrier N/A N/A N/A
Proximity to Transmission Lines N/A N/A N/A
Split between 600 kWh Y N/A N/A
Emergency Access Y N/A N/A
N/A N/A N/A
Definition N/A
Tier 1 Battery Energy Storage Systems
have an aggregate energy capacity less than or equal to
600 kilowatt hours (kWh) and, if in a room or enclosed
area, consist of only a single energy storage system
technology. Tier 1 Battery Energy Storage Systems are
permitted in all districts as an accessory use. Tier 2
Battery Energy Storage Systems have an aggregate
energy capacity greater than 600 kilowatt hours (kWh) or
are comprised of more than one storage battery
technology in a room or enclosed area.
a utility-
scale establishment with
equipment or devices that are
capable of absorbing energy,
storing it for a period of time,
and redelivering
that energy after it has been
stored.
N/A
N/A N/A
N/A
Required Supplementals
Setbacks
Buffer
Additional Codes
11
Amelia New york state model ordinance king george's county
Allowed Districts heavy industrial, agricultural N/A Agricultural and Industrial
Barrier Berm 7' fence N/A
emergency operations plan Y Y Y
decommissioning plan Y Y Y
Wildlife Corridor
noise study
NFPA 855 Y Y
Standard for the installation of Stationary
Energy Storage Systems Y
Underwriters Laboratories (UL) 9540A Y Y
Standard for Test Method for Evaluationg Thermal
Runaway Fire Propagation in Battery Energy Storage Systems Y
residential buffer
commercial buffer
Minimum Area N/A N/A N/A
public road 5,000 100
principal buildings 5,000 100
adjoining energy storage system 5,000 100
residential 5,000 200
non-residential 5,000 100
Unit Size Cap N/A N/A N/A
Historic Resources N/A N/A N/A
Noise Barrier N/A N/A N/A
Proximity to Transmission Lines N/A N/A N/A
Split between 600 kWh N/A Y N/A
Emergency Access Y Y Y
N/A N/A N/A
Definition N/A
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: A. Tier 1
Battery Energy Storage Systems have an aggregate energy
capacity less than or equal to 600kWh and, if in a room or
enclosed area, consist of only a single energy storage system
technology. B. Tier 2 Battery Energy Storage Systems have an
aggregate energy capacity greater than 600kWh or are
comprised of more than one storage battery technology in a
room or enclosed area
One or more battery cells for
storing electrical energy in
a Battery Energy Storage Sy
stem with
a Battery Management
System.
Required Supplementals
Setbacks
Buffer
Additional Codes
N/A
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