This chapter shall be known as the "Solar Energy Facilities
Law."
This chapter is adopted pursuant to §§ 10 and
22 of the Municipal Home Rule Law.
The following terms shall have the meanings indicated. The definitions
contained in the Village of Cobleskill Zoning Law shall also apply.
ANSI
American National Standards Institute.
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.
BATTERY 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 identified.
CONSUMER PRICE INDEX CHANGE
The Consumer Price Index for Urban Consumers, as published
by the U.S. Department of Labor, Bureau of Labor Statistics. Change
shall be calculated in January each year as the percentage difference
between the annual average of the most recent calendar year and that
of the previous year.
GLARE
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort or loss in visual performance and visibility in all material
respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices and that
is not attached or affixed to an existing structure. Pole mounted
solar energy systems shall be considered ground-mounted solar energy
systems for the purposes of this chapter.
IMMATERIAL MODIFICATIONS
Changes in the location, type of material or method of construction
of a solar energy system that will not: 1) result in any new or additional
adverse environmental impact not already reviewed and accepted for
the project by the Village Planning Board; 2) cause the project to
violate any applicable setbacks or other requirements of this chapter;
or 3) cause the project not to conform to the State Environmental
Quality Review determination or findings issued by the Planning Board.
LOT COVERAGE
The area measured from the outer edge(s) of the arrays, inverters,
batteries, storage cells and all other mechanical equipment used to
create solar energy, exclusive of fencing and roadways.
NATIONALLY RECOGNIZED TESTING LABORATORY
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.
NFPA
National Fire Protection Association.
NONPARTICIPATING PROPERTY
A property not owned or leased by the solar energy system
operator, nor having any land use agreement or easement related to
the system.
OCCUPIED HABITAT
An area in which a species listed in 6 NYCRR Part 182, defined
herein as a species in need of protection, has been determined to
exhibit one or more essential behaviors, including behaviors associated
with breeding, hibernation, reproduction, feeding, sheltering, migration
and overwintering.
PARTICIPATING PROPERTY
A property owned or leased by the solar energy system operator,
or a property having any land use agreement or easement related to
the system. Where multiple adjacent properties are participating in
a solar energy system, the combined lots shall be considered as one
for the purposes of applying setback requirements.
SMALL-SCALE SOLAR ENERGY SYSTEM
Any solar energy system that meets the following provisions:
A.
Is an accessory use or structure, designed and intended to generate
energy primarily for a principal use located on site.
B.
Produce up to 10 kilowatts per hour of energy or solar-thermal
systems which serve the building to which they are attached, and do
not provide energy for any other buildings beyond the lot. Small-scale
solar energy systems located on a farm operation [as per Agriculture
and Markets Law § 301(11) definition of that term] and located
in a New York State Agricultural District can produce up to 110% of
the farms needs as per the Department of Agriculture and Markets guidance
document.
SOLAR COLLECTOR
A solar or photovoltaic cell, plate, panel, film, farm, reflector,
or other structure affixed to the ground, a building, or other structure
that harnesses solar radiation to directly or indirectly generate
thermal, chemical, electrical, or other usable energy, or that reflects
or concentrates solar radiation to a solar or photovoltaic cell, plate,
panel, film, array, reflector, or other structure that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
SOLAR ENERGY SYSTEM
A complete system intended for the collection, inversion,
storage, and/or distribution of solar energy and that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy. A solar energy system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage mid distribution systems, storage, maintenance
and/or other accessory buildings, inverters, combiner boxes, meters,
transformers, and all other mechanical structures.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
SPECIES IN NEED OF PROTECTION
Species listed in Title 6, Part 182 of the New York Codes,
Rules and Regulations as endangered, threatened or of special concern.
UL
Underwriters Laboratory, an accredited standards developer
in the United States.
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.
Battery energy storage systems with capacity of more than 600
KWh are permitted in conjunction with utility-scale solar energy systems
subject to the following conditions:
A. Code compliance. Battery energy storage systems shall comply with
all applicable provisions of § 1206 of the Uniform Code
of New York State. A building permit and an electrical permit shall
be required for installation.
B. Commissioning plan. Such a 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
licensed professional engineer 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 shall be provided
to the Village Code Enforcement Officer prior to final inspection
and approval and maintained at an approved on-site location.
C. 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 of New York State.
D. 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.
E. 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:
(1) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary
Power and Light Electric Rail Applications);
(2) UL 1642 (Standard for Lithium Batteries);
(3) UL 1741 or UL 62109 (Inverters and Power Converters);
(4) Certified under the applicable electrical, building, and fire prevention
codes as required;
(5) 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.
F. Safety. 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 National Fire Protection Association (NFPA) 70, National
Electrical Code.
G. Noise. Battery energy storage systems shall be located as close as practicable to the center of the solar panel array and shall not cause the solar energy system to exceed the noise limits specified in §
124-7 of this chapter.
H. Signage. Signs shall comply with American National Standards Institute
(ANSI) Z535 and include the type of technology associated with the
battery energy storage system, any special hazards, the type of suppression
system installed in the area of the battery system, and twenty-four-hour
contact information, including reach-back phone number.
I. Vegetation and tree-cutting. Areas within 20 feet on each side of
the battery energy storage system 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, may be used as ground cover, provided they do not
form a means of readily transmitting fire.
J. Emergency operations plan. The applicant shall prepare a safety/emergency
response plan in cooperation with Village emergency service providers.
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.
(1) The emergency operations plan shall include the following information:
(a)
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.
(b)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(c)
Procedures to be followed in response to notifications from
the solar energy system and/or battery energy storage system that,
when provided, could signify potentially dangerous conditions, including
shutting down equipment, summoning service and repair personnel, and
providing agreed upon notification to fire company personnel for potentially
hazardous conditions in the event of a system failure. All means of
shutting down the solar energy system shall be clearly marked.
(d)
The property must be inspected after a National Weather Service
designation of a severe weather watch or severe weather warning to
ensure that the property did not sustain damage. Reports of such inspection
shall be filed with the Village Building Inspector.
(e)
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/or extinguishing the fire. As covered
under the safety/emergency response plan in cooperation with Village
emergency service providers.
(f)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(g)
Procedures for dealing with solar energy system and/or battery
energy storage system equipment damaged in a fire or other emergency
event, including maintaining contact information for personnel qualified
to safely remove damaged equipment from the facility. System owners
shall provide guaranteed nonemergency and emergency response times
(no more than 24 hours) of a qualified subject matter expert to the
Village Building Department and local emergency responders.
(h)
Other procedures as determined necessary by the Village to provide
for the safety of occupants, neighboring properties, and emergency
responders, that shall include but not be limited to a smoke plume
test for evacuation purposes.
(i)
Procedures and schedules for conducting drills of these procedures
and for training local emergency responders on the contents of the
plan and appropriate response procedures. Training shall be done annually
and shall include local and mutual aid emergency responders.
(2) The system owner shall notify the local fire department, county emergency
management office, and the Village building inspector at least one
week prior to any scheduled maintenance or battery swap out.
(3) In the event of a fire, all contaminated soil must be removed and
disposed of properly, in accordance with all applicable laws.
K. Retention pond. The applicant for a utility-scale solar energy system
shall consult with the fire department with primary coverage of the
project area on the best fire suppression system for the planned battery
technology. If the fire department determines that water is necessary,
the applicant shall develop a well or retention pond(s) holding a
sufficient amount of water as determined in site plan review, with
dry hydrants (arrangement of piping with one end in the water and
the other extending to dry land), for emergency firefighting use.
The Village Planning Board may waive this requirement (after consulting
with the Village Water Superintendent) if it determines that the project
area is adequately served by a public water supply.
L. Battery management system. Battery energy storage systems (BESS)
shall use a battery management system (BMS), which will incorporate
an INAC system to maintain environmental temperature and manage humidity
for optimal operating conditions for batteries. The BMS must be capable
of collecting data at the battery cell and module levels, monitoring
temperature, voltage, current, state of charge, and state of health
to detect abnormal battery conditions and provide information to prevent
and mitigate potential emergency events. All fire departments are
to be reimbursed for all costs associated with chemicals and specialty
items required to contain a lithium battery fire.
M. Monitoring. Battery energy storage systems (BESS) shall be monitored
24 hours a day, seven days a week, from a remote operations center
that can shut off project components when abnormal conditions are
identified. The BESS shall also have smoke alarms and fire detection
systems that will trigger audio/visual alarms on the BESS containers
and be monitored remotely by the operations center, where operators
will contact local personnel immediately and ensure that local emergency
responders are notified in the event of an emergency.
N. Delivery. No batteries will be delivered to the project site until
they are ready to be activated and placed into service. On-site storage
of batteries for more than 72 hours prior to activation is prohibited.
A solar energy facility shall not be considered a public utility use as that term is defined in Chapter
160, Zoning, §
160-20.2, Definitions, of the Village of Cobleskill Zoning Ordinance.
The invalidity of any clause, sentence, paragraph, or provision
of this chapter shall not invalidate any other clause, sentence, paragraph,
or part thereof.
This chapter shall take effect immediately upon the filing in
the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.