This Battery Energy Storage Systems article 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 of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Village to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
[Amended 10-6-2025 by L.L. No. 6-2025]
This Battery Energy Storage System article is adopted to advance and protect the public health, safety, welfare, and quality of life of the Village of Briarcliff Manor 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 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 important agricultural lands, forests, wildlife and other protected resources; and
D.
To create synergy between battery energy storage system development or other stated goals of the community pursuant to its Comprehensive Plan.
As used in this article, the following terms shall have the meanings indicated:
American National Standards Institute.
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.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a standalone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 and shall 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. A battery energy storage system is classified as a Tier 2 if it shall have an aggregate energy capacity of more than 600kWh. Tier 2 battery energy storage systems are expressly prohibited in the Village of Briarcliff Manor.
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 article, batteries utilized in consumer products are excluded from these requirements.
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
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, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
The building's only use is battery energy storage, energy generation, and other electrical-grid-related operations.
No other occupancy types are permitted in the building.
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.
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, 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 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.
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 same hereafter amended from time to time. As of the effective date of this local law, the New York State legislature is considering revisions to the Fire Code intended to supersede Chapter 1206 in its entirety and replace same with a new Chapter 1207. Upon the effective date of said Chapter 1207, all references herein to the Fire Code shall mean said Chapter 1207 as same may be amended from time to time.
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.
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on nonparticipating 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 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 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.
The requirements of this article shall apply to all battery energy storage systems permitted, installed, or modified in the Village of Briarcliff Manor after the effective date of this article, excluding general maintenance and repair.
B.
Battery energy storage systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.
C.
Modifications to, and 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 article.
D.
This chapter and all battery energy storage systems shall be subject to the Fire Code, the Energy Code and the Uniform Code as same may be amended, and any inconsistencies shall be resolved in favor of said Codes which shall supersede 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 Building Department as issuer of such permits and approvals shall include review pursuant to the State Environmental Quality Review Act ("SEQRA").
C.
All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that 1) contain or are otherwise associated with a battery energy storage system and 2) 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 shall have a placard affixed on or near it for the benefit of first responders with the following requirements consistent with 19 CRR-NY 1264.4:
(1)
Signs shall be provided in all buildings that utilize energy storage systems. Signs shall be affixed prior to the issuance of a certificate of occupancy or a certificate of compliance.
(2)
Signs identifying the existence of energy storage systems shall consist of a circle six inches (152.4 mm) in diameter, with a stroke width of 1/2 inch (12.7 mm). The sign background shall be reflective white in color. The circle and contents shall be reflective red in color, conforming to Pantone matching system (PMS) #187. Where a sign is directly applied to a door or sidelight, it may be a permanent non-fading sticker or decal. Signs not directly applied to doors or sidelights shall be of sturdy, non-fading, weather-resistant material.
(3)
Signs identifying the existence of truss construction shall contain the roman alphanumeric designation of the construction type of the building, in accordance with the provisions for the classification of types of construction set forth in section 602 of the 2020 Building Code of New York State (said publication being incorporated by reference in Part 1221 of this Title), and an alphabetic designation for the structural components that are of truss construction, as follows: "ES" shall mean energy storage system. The construction type designation shall be placed at the 12:00 position over the structural component designation, which shall be placed at the 6:00 position.
(4)
Signs identifying the existence of truss construction shall be affixed in the locations specified in Table 1 of this section.
Table 1: Energy Storage System Identification Sign Locations | |
|---|---|
Sign Location | Sign Placement |
Exterior building entrance doors, exterior exit discharge doors, and exterior roof access doors to a stairway | Attached to the door, or attached to a sidelight or the face of the building, not more than 12 inches (305 mm) horizontally from the latch side of the door jamb, and not less than 42 inches (1,067 mm) nor more than 60 inches (1,524 mm) above the adjoining walking surface |
Multiple contiguous exterior building entrance or exit discharge doors | Attached at each end of the row of doors and at a maximum horizontal distance of 12 feet (3.65 m) between signs, and not less than 42 inches (1,067 mm) nor more than 60 inches (1,524 mm) above the adjoining walking surface |
Fire department hose connections | Attached to the face of the building, not more than 12 inches (305 mm) horizontally from the center line of the fire department hose connection, and not less than 42 inches (1,067 mm) nor more than 60 inches (1,524 mm) above the adjoining walking surface |
A.
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 exempt from site plan review.
B.
A building permit shall be required for installation of a Tier 1 battery energy storage system. Tier 1 systems shall be constructed on an exterior wall or outside wherever practicable, unless otherwise approved by the Building Inspector subject to strict review.
C.
All Tier 1 battery energy storage systems shall be placarded in accordance with § 178-11D requirements.
D.
Only one Tier 1 battery energy storage system can be located on a lot.
E.
All 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.
F.
Battery energy storage systems for one- or two-family residential dwelling units shall not exceed an aggregate energy capacity of the following:
G.
All exterior wall and outside Tier 1 battery energy storage systems shall be located only in a side or rear yard and meet the minimum lot size and standard setbacks in the zoning district for principal structures.
H.
All exterior wall and outside Tier 1 battery energy storage systems shall have an area not less 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.
I.
A building permit for a Tier 1 battery energy storage system shall be valid for a period of 12 months.
A.
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.
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 Briarcliff Manor 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 building permit for approval of a Tier 1 battery energy storage system shall be valid for a period of 12 months, provided that the building permit is issued for construction and construction has commenced. In the event construction is not completed in accordance with the building permit, as may have been amended and approved, as required by the Building Inspector, within 12 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 18 months, the approvals shall expire.
B.
The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village may, at its discretion, enter the property and remove the battery energy storage system at the owner's cost and expense.