Statement of purpose. These regulations are adopted to advance
and protect the public health, safety, welfare, and quality of life
of the Village of Florida by creating regulations for the installation
and use of battery energy storage systems and equipment, 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 ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems;
C. To mitigate the impacts of battery energy storage systems on environmental
resources such as forests, wildlife, and other protected resources;
and
D. To create synergy between battery energy storage system development
and the goals and objectives of the Village's Comprehensive Plan,
which call to "maintain and upgrade utilities to create infrastructure
that is sustainable for current and future Village residents" and
"review and update its Zoning chapter to ensure, where appropriate,
that these types of utilities can be used and installed on residential
and commercial buildings and properties."
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
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
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 600 kWh 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 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
BATTERY/BATTERIES
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.
CELL
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
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
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 International Building Code, as may be
amended from time to time, and complies with the following:
A.
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
B.
No other occupancy types are permitted in the building.
C.
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.
D.
Administrative and support personnel are permitted in areas
within the buildings that do not contain a battery energy storage
system, provided the following:
(1)
The areas do not occupy more than 10% of the building area of
the story in which they are located.
(2)
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
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.
FIRE CODE
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.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
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
National Electric Code.
NFPA
National Fire Protection Association.
NON-DEDICATED-USE BUILDING
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, as may be amended from time to
time, including, but not limited to, schools, colleges, day-care facilities,
hospitals, correctional facilities, public libraries, theaters, stadiums,
apartments, hotels, and houses of worship.
PARTICIPATING PROPERTY
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
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.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts, as an accessory use subject to the Uniform Code
and the "Battery Energy Storage System Permit," and shall be shown
on plans submitted for a building permit application. Tier 1 battery
energy storage systems are exempt from site plan review and not subject
to SEQR.
A. Tier 1 battery energy storage systems for one- or two-family residential
dwelling units shall not exceed an aggregate energy capacity of the
following:
(1) 40 kWh within utility closets and storage or utility spaces;
(2) 80 kWh in attached or detached garages and detached accessory structures;
(3) 80 kWh on exterior walls; or
(4) 80 kWh outdoors on the ground.
B. All outdoor Tier 1 battery energy storage systems shall only be installed
within a side or rear yards and meet the minimum lot size and standard
setbacks in the zoning district for principal structures. Heights
are limited to 6.5 feet for any external battery energy storage systems.
C. All outdoor Tier 1 battery energy storage systems shall provide a
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.
D. All outdoor Tier 1 battery energy storage systems shall not have
an area greater than 225 square feet for a single energy storage system,
and all systems in the aggregate shall not occupy more than 25% of
the area of the required rear or side yard.
Tier 2 battery energy storage systems are permitted through site plan review by the Planning Board and Special Use Permit review by the Village Board, and pursuant to Chapter 119, Table 1, Table of District Use Regulations, §
119-33, Site development plans, and §
119-34, Special use permits. In addition to those applicable sections, Tier 2 battery energy storage systems shall adhere to the standards and requirements set forth below:
A. Application completeness. An application shall be considered complete
when it addresses all matters listed in these regulations, including,
but not necessarily limited to, i) compliance with all applicable
provisions of the Uniform Code and all applicable provisions of the
Energy Code and ii) 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, and permit time frame and abandonment. Applicants
shall be advised within 10 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
A Tier 2 battery energy storage system is permitted through site plan review by the Planning Board and Special Use Permit review by the Village Board, and pursuant to Chapter 119, Attachment 1, Table of District Use Regulations, and §
119-33, Site development plans. In addition to those applicable sections, Tier 2 battery storage system site plan application shall include the following:
A. A one- or 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.
B. Preliminary equipment specification sheets that document the proposed
battery energy storage system components, inverters and associated
electrical equipment that are to be installed. Final equipment specification
sheets shall be submitted prior to the issuance of building permit.
C. 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.
D. 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.
E. 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 Uniform Code.
Where commissioning is required by the Uniform Code, battery energy
storage system commissioning shall be conducted by a New York State
(NYS) Licensed Professional Engineer after the installation is complete
but prior to final inspection and Certificate of Occupancy. A corrective
action plan shall be developed for any open or continuing issues that
are allowed to be corrected 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 shall
be provided to the Code Enforcement Officer prior to final inspection
and approval and maintained at an approved on-site location.
F. 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.
G. 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 and shall meet all requirements set forth in the Uniform
Code.
H. Erosion and sediment control and stormwater 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.
I. Prior to the issuance of the building permit, but not required as
part of the application, engineering documents must be signed and
sealed by a NYS Licensed Professional Engineer.
J. Emergency operations plan. A copy of the approved emergency operations
plan shall be given to the system owner, the local fire department,
and local fire code official. A permanent copy shall also be placed
in an approved location to be accessible to facility personnel, fire
code officials, and emergency responders. The emergency operations
plan shall include the following information:
(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) Other procedures as determined necessary by the Village of Florida
to provide for the safety of occupants, neighboring properties, and
emergency responders.
(8) 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.
The Special Use Permit shall be in compliance with the following standards in addition to those listed in §
119-34, Special Use Permits.
A. Area and bulk standards for Tier 2 battery energy storage systems.
(1) Minimum lot size for large scale solar energy systems shall be four
acres.
(2) Minimum front, rear, and side yard setbacks shall be 100 feet.
(3) Maximum height shall be 15 feet.
(4) Maximum lot coverage shall be subject to the maximum lot coverage
within the underlying zoning district as specified in Chapter 119,
Table 2, Table of Dimensional Standards.
B. Fencing requirements. Tier 2 battery energy storage systems, including
all mechanical equipment, shall be enclosed by a seven-foot-high fence
with a self-locking gate to prevent unauthorized access unless housed
in a dedicated-use building and not interfering with ventilation or
exhaust ports.
C. Screening and visibility. Tier 2 battery energy storage systems from
public roadways and adjacent properties through the use of architectural
features, earth berms, landscaping, fencing or other screening methods
which harmonize with the character of the subject property and the
surrounding area. The screening shall not, however, interfere with
the normal operation, ventilation or exhaust ports, or fire safety
of the storage system, and the system may need to be revised to allow
for adequate screening. Screening shall be maintained for the life
of the use. A covenant regarding the maintenance of any required screening
shall be provided by the applicant.
D. Coverage. The battery energy storage system shall be included in
calculating maximum permitted building coverage for the applicable
zoning district.
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 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 Code Enforcement Officer 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 Code Enforcement Officer in the required timeframe.
Reinstatement of a void special use permit will be subject to the
same review and approval processes for new applications under this
chapter.
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) with subcomponents
meeting each of the following standards as applicable:
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.
Enforcement. Any violation of this battery energy storage system
chapter shall be subject to the same enforcement requirements, including
the civil and criminal penalties, provided for in the zoning or land
use regulations of the Village of Florida.
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.