[HISTORY: Adopted by the Board of Trustees of the Village
of Florida 5-3-2023 by L.L. No. 2-2023. Amendments noted where applicable.]
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."
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 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:
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.
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.
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.
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, as may be
amended from time to time, 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 a 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 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 hereafter 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 non-participating property.
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.
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 chapter shall apply to all battery energy
storage systems permitted, installed, or modified in the Village of
Florida after the effective date of this chapter, excluding general
maintenance and repair.
B.
Battery energy storage systems that have a valid building permit or have been constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, except as set forth in Subsection C below.
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
the installation of all battery energy storage systems.
B.
Issuance of permits and approvals by the Village Board shall include
review pursuant to the State Environmental Quality Review Act.
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
of Florida Code.
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:
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.
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.
B.
Signage.
(2)
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.
(3)
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.
C.
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.
D.
Trees and vegetation. The clearing of vegetation shall be limited
to that which is necessary for the construction, operation, and maintenance
of the Tier 2 battery energy storage system.
(1)
Areas within 10 feet on each side of Tier 2 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.
(2)
Removal of trees should be minimized to the extent possible. Tree removal shall be subject to Chapter 105, Tree and Topsoil Removal; Grading and Excavating, of this Code.
(3)
Battery energy storage systems shall not be sited within any required
buffer areas.
E.
Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall meet the requirements of Chapter 83, Noise. Applicants may submit equipment and component manufacturers' 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.
A.
Decommissioning plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
(1)
A narrative description of the activities to be accomplished, including
who will perform that activity and at what point in time, for complete
physical removal of all battery energy storage system components,
structures, equipment, security barriers, and transmission lines from
the site;
(2)
Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations;
(3)
The anticipated life of the battery energy storage system;
(4)
The estimated decommissioning costs and how said estimate was determined;
(5)
The method of ensuring that funds will be available for decommissioning
and restoration;
(6)
The method by which the decommissioning cost will be kept current;
(7)
The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems adjacent
to the battery energy storage systems, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable after the system is removed; and
(8)
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.
B.
Decommissioning fund. The owner and/or operator of the energy storage
system shall continuously maintain a fund or bond payable acceptable
by the Village Attorney and in an amount approved by the Village Board,
for the removal of the battery energy storage system 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.
C.
Upon cessation of electricity generation of a battery energy storage
system on a continuous basis for 12 months, the Village may notify
and instruct the owner and/or operator of the energy storage system
to implement the decommissioning plan. The decommissioning plan must
be completed within 12 months of notification.
D.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may, at its discretion, utilize
the bond and/or security for the removal of the energy storage system
and restoration of the site in accordance with the decommissioning
plan.
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.
A.
Battery energy storage systems and battery energy storage systems
Equipment shall be certified under the applicable electrical and/or
building codes as required.
B.
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 and, if the Tier 2 battery energy storage system
is located in an ambulance district, the local ambulance service provider.
C.
If a battery energy storage system is included as part of a solar
energy system, both uses shall meet the requirements of any applicable
fire prevention and building code when in use and, when no longer
used, shall be disposed of in accordance with the laws and regulations
of the Village and any applicable federal, state, or county laws or
regulations.
D.
Where deemed necessary by the Planning Board during site plan approval,
the applicant shall ensure emergency access to the facility area for
local first responders by installing an emergency lock box or similar
device, in a location subject to approval by the Village Fire Chief.
E.
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.
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.
A.
The special use permit and site plan approval for a battery energy storage system shall be per § 119-34E.
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 of Florida may, at its discretion, enter the property
and utilize the available bond and/or security for the removal of
a Tier 2 battery energy storage system and restoration of the site
in accordance with the decommissioning plan.
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.
