[HISTORY: Adopted by the Board of Trustees of the Village
of Horseheads 6-11-2020 by L.L. No. 2-2020. Amendments noted where
applicable.]
This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10(1) and (7), §§ 7-700 through 7-704 of the Village Law, and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Village of Horseheads to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
This Battery Energy Storage System Law is adopted to advance
and protect the public health, safety, and welfare of the Village
by creating regulations for the installation and use of battery energy
storage systems, with the following objectives:
A.
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
B.
To protect the health, welfare, safety, and quality of life for the
general public;
C.
To ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems; and
D.
To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standards Institute.
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 chapter, batteries utilized in consumer products are excluded
from these requirements.
An electronic system that protects storage batteries from
operating outside their safe operating parameters and generates an
alarm and trouble signal for off-normal conditions.
A rechargeable energy storage system consisting of electrochemical
storage batteries, battery chargers, controls, power conditioning
systems and associated electrical equipment designed to provide electrical
power to a building. The system is typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding,
load sharing, or similar capabilities. A battery energy storage system
is classified as a Tier 1, Tier 2, or Tier 3 battery energy storage
system as follows:
Tier 1 battery energy storage systems include either:
Battery energy storage systems for one- to two-family residential
dwellings within or outside the structure with an aggregate energy
capacity that shall not exceed:
Other battery energy storage systems with an aggregate energy
capacity less than or equal to the threshold capacity listed in Table
1.
Tier 2 battery energy storage systems include battery energy
storage systems that are not included in Tier 1, have an aggregate
energy capacity greater than the threshold capacity listed in Table
1, and have an aggregate energy capacity less than 600 kWh.
|
Table 1: Battery Energy Storage System Tier 2 Threshold Quantities
| |
|---|---|
|
Battery Technology
|
Capacity
|
|
Flow batteries
|
20 kWh
|
|
Lead acid, all types
|
70 kWh
|
|
Lithium, all types
|
20 kWh
|
|
Nickel cadmium (Ni-Cd)
|
70 kWh
|
|
Nickel metal hydride (Ni-MH)
|
70 kWh
|
|
Other battery technologies
|
10 kWh
|
The Village of Horseheads Board of Trustees.
The Code Enforcement Officer of the Village of Horseheads.
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.
A building that is built for the primary intention of housing
battery energy storage system equipment and is classified as Group
F-1 occupancy as defined in the International Building Code. It is
constructed in accordance with the Uniform Code, and it complies with
the following:
The building's only permitted primary use is for battery
energy storage, energy generation, and other electrical-grid-related
operations.
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.
No other occupancy types are permitted in the building.
Administrative and support personnel are permitted in incidental-use
areas within the buildings that do not contain battery energy storage
system, provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the incidental-use areas
to a public way that does not require occupants to traverse through
areas containing battery energy storage systems or other energy systems.
One or more rooms arranged for complete, independent housekeeping
purposes with space for eating, living, and sleeping; facilities for
cooking; and provisions for sanitation.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
A type of rechargeable battery that uses typically large,
separated liquid reservoirs of electrolytes that flow through a reaction
zone to store, charge, and discharge energy. These electrolytes are
typically nonflammable.
A rechargeable battery that is comprised of lead electrodes
immersed in sulphuric acid electrolyte. These batteries may be flooded,
vented, sealed, or may come in other form factors. They may produce
hazardous gases during normal operations.
A storage battery with lithium ions serving as the charge
carriers of the battery. The electrolyte is typically a mixture of
organic solvents with an inorganic salt and can be in a liquid or
a gelled polymer form.
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.
National Electric Code.
National Fire Protection Association.
A rechargeable battery in which the positive active material
is nickel oxide, the negative contains either cadmium (Nickel-cadmium,
Ni-Cd), hydrogen ions stored in a metal-hydride structure (Nickel-metal
hydride, Ni-MH), or zinc (Nickel-zinc, Ni-Zn) as the electrode and
the electrolyte is potassium hydroxide.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements, including
all other occupancy types such as, but not limited to, commercial,
industrial, offices, and multifamily housing.
Any property that is not a participating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
A building that contains not more than two dwelling units
with independent cooking and bathroom facilities.
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.
The land area covered by the floodwaters of the base flood
is the special flood hazard area (SFHA) on NFIP maps. The SFHA is
the area where the National Flood Insurance Program's (NFIP's)
floodplain management regulations must be enforced and the area where
the mandatory purchase of flood insurance applies.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
The Village of Horseheads.
A.
The requirements of this chapter shall apply to all battery energy
storage systems permitted, installed, or modified in the Village of
Horseheads after the effective date of this chapter, excluding general
maintenance and repair.
B.
Battery energy storage systems constructed or installed prior to
the effective date of this chapter shall not be required to meet the
requirements of this chapter.
C.
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 chapter.
A.
A building permit and an electrical permit shall be required for
installation of all battery energy storage systems.
B.
Issuance of permits and approvals by the Board of Trustees (Tier
3 battery energy storage systems) shall include review pursuant to
the State Environmental Quality Review Act, Environmental Conservation
Law Article 8, and its implementing regulations at 6 NYCRR Part 617
("SEQRA").
C.
All battery energy storage systems, all dedicated use buildings,
and all other buildings or structures that contain or are otherwise
associated with a battery energy storage system and 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 Village Code.
D.
All battery energy storage systems, regardless of tier, are subject
to a permit fee. Such fee shall be established by the Board of Trustees
and may be changed from time to time by resolution.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts and shall be subject to the battery energy storage
system permit and exempt from site plan review.
Tier 2 battery energy storage systems shall be permitted in
all zoning districts, shall be subject to the Uniform Code and the
battery energy storage system permit, and are exempt from site plan
review.
Tier 3 battery energy storage systems are permitted through
the issuance of a special use permit within the M-1 Manufacturing
and Planned Unit Development (PUD) Zoning Districts, and subject to
the Uniform Code and site plan application requirements set forth
in this section.
A.
Applications for the installation of Tier 3 battery energy storage
systems shall be:
(1)
Reviewed by the Code Enforcement Officer for completeness. An application
shall be complete when it addresses all matters listed in this chapter,
including, but not necessarily limited to, compliance with all applicable
provisions of the Uniform Code and all applicable provisions of the
Energy Code and matters relating to the proposed battery energy storage
system and floodplain utility lines and electrical circuitry, signage,
lighting, vegetation and tree-cutting, noise, decommissioning, site
plan and development, special use and development, ownership changes,
safety, permit time frame and abandonment. Applicants shall be advised
within 20 calendar days of the completeness of their application or
any deficiencies that must be addressed prior to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Board of Trustees of the Village shall have a
notice printed in a newspaper of general circulation in the Village
at least five days in advance of such hearing. Applicants shall have
delivered the notice by first-class mail to adjoining landowners or
landowners within 200 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Board
of Trustees at or before the public hearing.
(3)
Referred to the Chemung County Planning Board pursuant to General
Municipal Law § 239-m if required.
(4)
Upon closing of the public hearing, the Village Board of Trustees
shall take action on the application within 62 days of the public
hearing, which can include approval, approval with conditions, or
denial. The sixty-two-day period may be extended upon consent by both
the Board of Trustees and applicant.
B.
Floodplain. The applicant of battery energy storage systems shall
obtain necessary local floodplain development permits if proposed
within special flood hazard areas.
C.
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.
D.
Signage.
(1)
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 twenty-four-hour
emergency contact information, including reach-back phone number.
(2)
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.
E.
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.
F.
Vegetation and tree-cutting. Areas within 10 feet on each side of
Tier 3 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.
G.
Noise. The one-hour average noise generated from the battery energy
storage systems, components, and associated ancillary equipment shall
not exceed a noise level of 60 dBA as measured at the outside wall
of any nonparticipating property and occupied community building.
Applicants may submit equipment and component manufacturer's
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.
H.
Decommissioning.
(1)
Decommissioning plan. The applicant shall submit a decommissioning
plan developed in accordance with the Uniform Code, containing a narrative
description of the activities to be accomplished for removing the
energy storage system from service, and from the facility in which
it is located. The decommissioning plan shall also include:
(a)
The anticipated life of the battery energy storage system;
(b)
The estimated decommissioning costs;
(c)
How said estimate was determined;
(d)
The method of ensuring that funds will be available for decommissioning
and restoration;
(e)
The method that the decommissioning cost will be kept current;
(f)
The manner in which the battery energy storage system will be
decommissioned, and the site restored; and
(g)
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.
(2)
Decommissioning fund. The applicant, or successors, shall continuously
maintain a fund or bond payable to the Village, in a form approved
by the Village for the removal of the battery energy storage system,
in an amount to be determined by the Board of Trustees, for the period
of the life of the facility. This fund may consist of a letter of
credit from a State of New York licensed financial institution. All
costs of the financial security shall be borne by the applicant.
I.
Site plan application. For a Tier 3 battery energy storage system
requiring a special use permit, site plan approval shall be required.
Any site plan application shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
An 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.
(4)
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.
(5)
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.
(6)
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.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Commissioning plan.
(a)
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 Uniform Code (referenced in Appendix
1[1]). Battery energy storage system commissioning shall be
conducted by a New York State (NYS) licensed professional engineer
or NYS registered architect after the installation is complete but
prior to final inspection and approval. A corrective action plan shall
be developed for any open or continuing issues that are allowed to
be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code (referenced in Appendix
1) shall be provided to the Board of Trustees prior to final inspection
and approval and maintained at an approved on-site location.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
(b)
Energy storage system commissioning shall not be required for
lead-acid and nickel-cadmium battery systems at facilities under the
exclusive control of communications utilities that comply with NFPA
76 and operate at less than 50 VAC and 60 VDC.
(9)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
(10)
System and property operation and maintenance manual. Such manual
or plan shall describe continuing battery energy storage system maintenance
and property upkeep, as well as design, construction, installation,
testing and commissioning information and shall meet all requirements
set forth in the Uniform Code (referenced in Appendix 3[2]).
[2]
Editor's Note: Said appendix is included as an attachment
to this chapter.
(11)
Erosion and sediment control and storm water management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(12)
Prior to the issuance of the building permit or final approval by
the Board of Trustees, but not required as part of the application,
engineering documents must be signed and sealed by a NYS licensed
professional engineer or NYS registered architect.
J.
Special use permit standards.
(1)
Setbacks. Tier 3 battery energy storage systems shall comply with
the setback requirements of the underlying zoning district for principal
structures.
(2)
Height. Tier 3 battery energy storage systems shall comply with the
building height limitations for principal structures of the underlying
zoning district.
(3)
Fencing requirements. Tier 3 battery energy storage systems, including
all mechanical equipment, shall be enclosed by a fence at least seven
feet high with a self-locking gate to prevent unauthorized access
unless housed in a dedicated-use building and not interfering with
ventilation or exhaust ports.
(4)
Screening and visibility. Tier 3 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.
K.
Ownership changes. If the owner of the battery energy storage system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes, in writing, all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the battery energy storage system shall notify the Code Enforcement
Officer (CEO) 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 CEO in writing. The special use 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 CEO in the required time frame. Reinstatement of a void special
use permit will be subject to the same review and approval processes
for new applications under this chapter.
A.
System certification.
(1)
Battery energy storage systems and equipment shall be listed by a
nationally recognized testing laboratory to UL 9540 or CAN 9540 (standard
for battery energy storage systems and equipment) with subcomponents
meeting each of the following standards that are applicable based
on the storage type (electrochemical, thermal, mechanical):
(a)
UL 1973 (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 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
Lead-acid and nickel-cadmium battery systems installed in facilities
under the exclusive control of communications utilities and operating
at less than 50 VAC and 60 VDC in accordance with NFPA 76 are not
required to be listed.
B.
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 snow removal at a level acceptable
to the local fire department.
C.
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.
A.
The special use permit and site plan approval for a battery energy
storage system shall be valid for a period of 12 months, provided
that a building permit is issued for construction and construction
is substantially commenced within that period. In the event construction
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the Board of Trustees, within
18 months after approval, the Village may extend the time to complete
construction for 180 days. If the owner and/or operator fails to perform
substantial construction after 24 months, the approvals shall expire.
B.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may, at its discretion, utilize
the available bond and/or security for the removal of a Tier 3 battery
energy storage system and restoration of the site in accordance with
the decommissioning plan.
The invalidity or 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.
