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County continues review of battery energy storage ordinance; staff outlines safety, setbacks and review processes
Summary
Community Development Director Amy Ring summarized a detailed draft BESS ordinance that includes conditional use permitting, national safety-code compliance, decommissioning agreements, a 50 dBA noise limit at property lines, setbacks (proposed 350–500 ft from neighbors), and requirements for pre/post noise studies and traffic/road repair plans.
The Isle of Wight County Board of Supervisors continued its review of a draft Battery Energy Storage System (BESS) ordinance, with Community Development Director Amy Ring walking supervisors through definitions, safety standards, review authority and proposed application prerequisites.
Ring said the draft treats BESS as a major utility service requiring a conditional use permit and decommissioning agreements and that it was developed with input from fire and EMS staff and Dominion Energy. "These facilities shall be constructed, maintained, and operated in accordance with national industry standards and regulations including the most current adopted edition of the National Electrical Code, the International Fire Code, and the National Fire Protection Association," she said. The draft also requires a battery management system that monitors module temperature, off‑gassing and other safety metrics and can shut down and alarm in unsafe conditions.
To address neighbor concerns, staff proposed a maximum sound level of 50 dBA at the property line, pre‑construction and post‑construction noise studies (with mitigation and retesting if levels exceed limits), minimum setbacks between battery units and fences and from dwellings (examples discussed included 350 ft to adjacent property, 500 ft from dwellings, and a potential 0.25‑mile buffer from emergency shelters), and a construction traffic management plan with pre/post road inspections and repair obligations coordinated with VDOT.
Ring noted some provisions already exist in county code (stormwater, hazardous materials, and conditional use authority) but that the draft moves certain requirements up to application stage — for example, early submission of emergency response plans and noise results — if the board directs those changes. She said many provisions (decommissioning, inspections, and enforcement authority) would be subject to review by the county attorney for legal fit with state code.
Board members debated whether to ban BESS outside previously approved solar facilities, whether wetlands and shelter proximity should be further restricted, and whether stronger financial assurances (letters of credit or surety bonds) should be required. Staff agreed to incorporate requested edits and return a revised draft for the May meeting and potential advertising for a public hearing with a June action deadline.
