Ossining City Zoning Code
Article
XVIII Electric Vehicle Charging Stations
§ 270-81 Purpose and goals.
The Village wants to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle charging stations. Electric vehicle charging stations are a growing and essential part of promoting green technology and sustainable transportation. Providing adequate, safe and convenient electric vehicle charging stations for the traveling public, for personal use at or near their places of residence and for customers and employees of commercial users are goals of this article.
§ 270-82 Definitions.
Unless otherwise expressly stated, the following terms shall have the meanings indicated for this article:
Any vehicle that is licensed and registered for operation on public and private highways, roads and streets that draws electricity from a battery and is capable of being charged from an external source. An electric vehicle includes both a vehicle that can only be powered by an electric motor that draws electricity from a battery (all-electric) and a vehicle that can be powered by an electric motor that draws electricity from a battery and by an internal combustion engine (plug-in hybrid).
The amount of voltage provided to charge an EV varies depending on the type of electric vehicle supply equipment (EVSE) as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt alternating current (AC) circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
Level 3 or direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations," which are typically characterized by industrial-grade outlets that allow for faster recharging of EVs.
The point of connection to the electrical grid for EVs, and the point of power for EV drivers. This includes the equipment, cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in EV. EVCS may include internally illuminated electronic screens on one or two sides of the station.
The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225 and as hereinafter amended.
National Electrical Code, including any amendments thereto.
National Fire Protection Association.
Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles excluding:
§ 270-83 Applicability.
A.
The requirements of this article apply to all EVCS permitted, installed, or modified in the Village of Ossining after the effective date, excluding general maintenance and repair.
B.
EVCS that were constructed or installed prior to the effective date shall not be required to meet the requirements of this article except as set forth in Subsection C below.
C.
Modifications to, retrofits or replacements of existing EVCS that increase the total size or capacity of charging stations or change the electric vehicle charging levels shall be subject to this article.
§ 270-84 Permitting requirements for electric vehicle charging stations.
A.
EVCS shall be permitted in all zoning districts as an accessory use subject to the Uniform Code and NFPA 70, as applicable.
B.
Level 1 EVCS.
C.
Level 2 and Level 3 ECVS.
(1)
A building permit and an electrical permit are required for the installation of Level 2 and Level 3 EVCS.
(2)
Applicants for Level 3 EVCS shall include with the building permit application an escrow payment pursuant to § 270-87C.
(3)
Except as provided in § 270-84G(8)(a), EVCS shall not be installed adjacent to any combustible materials.
(4)
Except as provided in § 270-84G(8)(b), EVCS must have a remote shut-off switch installed at least 30 feet from the EVCS installation.
(5)
Cord management. EVCS must be provided with a cord management system which keeps cords and connectors off the ground when not in use. Cords shall be retractable or the EVCS shall include a location to hang the cord and connector.
(6)
The distance between the EVCS and the structure's electrical panel should be minimized.
(7)
EVCS should be located in areas with strong cellular phone and internet signals.
(8)
Review by Historic Preservation Commission. Pursuant to § 270-25E, no building permit shall be issued for the installation of a proposed Level 3 EVCS within the Village's Historical and Architectural Design Districts or on a locally landmarked property until a certificate of appropriateness has been issued by the Historic Preservation Commission.
D.
All EVCS, and all other buildings or structures that i) contain or are otherwise associated with an EVCS and ii) are subject to the Uniform Code shall be designed, constructed and installed as required by the Uniform Code, Fire Code, and all applicable provisions of NFPA 70 regulation.
E.
All structures containing an EVCS shall have a sign displayed on the side of the structure as approved by the Building Inspector advising firefighters and other first responders that an EVCS is present.
F.
Following completion of construction and/or installation of the EVCS, the applicant shall submit to the Building Department all required documentation and the Building Inspector or designee shall conduct all required inspections. Only when all work is found to be satisfactory will the Building Inspector issue a certificate of compliance, pursuant to § 92-9.
G.
Parking garages.
(1)
Location. EVCS shall be located in existing or proposed parking spaces.
(2)
Equipment shelters. Aboveground EV charging equipment shall be contained in a Milbank or equivalent equipment enclosure.
(3)
Cord management. EVCS shall be provided with a cord management system that keeps cords and connectors off the ground when not in use. Cords shall be retractable or the EVCS shall include a location to hang the cord and connector sufficiently above the parking garage floor. Cords connecting the EVCS to an EV shall be configured so as not to cross driveways, sidewalks or passenger loading and unloading areas.
(4)
Design. EVCS shall be compatible with the character and use of the site.
(5)
Equipment protection. EV charging equipment shall be adequately protected. Examples of such protection include concrete-filled steel bollards or curbing in lieu of the bollards where the EV charging equipment is set back a minimum of 24 inches from the curb.
(6)
The distance between the electrical panel and the EVCS should be kept to a minimum.
(7)
EVCS should be located in areas with strong cellular phone and internet signals.
(8)
Fire safety. EVCS in parking garages shall:
(a)
For commercial/nonresidential applications for EVCS, the station shall be installed a minimum of 50 feet from any combustible materials.
(b)
EVCS shall have a remote shut-off switch installed a minimum of 50 feet away from the EVCS installation.
(c)
If so requested by the Chief Engineer of the Fire Department or designee, any applicant for a commercial/nonresidential EVCS shall provide to the Fire Department certain emergency equipment related to EVCS operation. Such equipment may include but not be limited to emergency plugs and EV blankets.
§ 270-85 Site plan review by Planning Board.
As detailed below, the following EVCS installations shall comply with § 270-52, Site development plan rules and regulations:
A.
All new construction of Level 2 and Level 3 EVCS reducing the number of parking spaces required by the Village Code.
C.
Where the EVCS is equipped with an internally illuminated screen on one or two sides and the station is to be located 50 feet or closer to a public right-of-way or residential zoning district.
§ 270-86 Standards.
A.
Utility lines and electrical conduits.
(1)
To the extent feasible and permitted by the servicing utility company, all on-site utility lines shall be buried. This requirement will not apply to the main service connection at the servicing utility company's right-of-way and any new interconnection equipment, including any poles with new easements.
(2)
All conduits located within a building may be located inside the building, on the roof or mounted to the building.
B.
Lighting.
(1)
Lighting of the EVCS shall be limited to that which is minimally required for safety and operational purposes.
(2)
Lighting, including internally illuminated electronic screens, branding or framed lighting associated with EVCS, shall be reasonably shielded and shall not encroach upon residential property nor be greater than 0.1 footcandle on adjoining commercial property as measured along the shared boundary line at ground level.
(3)
Internally illuminated electronic screens associated with EVCS shall be equipped with an auto-dimming feature.
C.
Noise. Noise generated from EVCS, station components and ancillary equipment shall not exceed the limits set out in § 178-3. However, advertising content from the EVCS internally illuminated electronic screens shall not emit any noise.
D.
Signage. Signage shall comply with § 270-29D(10), Signage associated with electric vehicle charging stations.
E.
Minimum parking requirements.
(1)
EVCS shall be included in the calculation of minimum required parking spaces pursuant to § 270-30 (Parking and loading regulations) and Appendix C, Parking Requirements, Tables C-1, C-2 and C-3.[1]
[1]
Editor's Note: Appendix C, Tables C-1, C-2, and C-3, are included as attachments to this chapter.
(2)
Dimensions for EVCS parking shall include adequate clearance for safe and easy movement around the station.
(3)
Parking for EVCS shall comply with general accessibility requirements, including but not limited to the Uniform Code.
F.
Supplemental requirements for EVCS.
(1)
EVCS shall not be subject to minimum separation distances from principal buildings as otherwise required by this chapter.
(2)
EVCS shall not be regarded as accessory structures subject to limitation as to the number of such structures on a lot.
(3)
EVCS shall have faces no greater than 25.6 square feet, height no greater than 7.1 feet, width no greater than 3.6 feet and depth no greater than 1.5 feet.
G.
Operational reporting. Owners and operators of any Level 3 EVCS shall submit a report to the Building Department every three years from the date of issuance of the certificate of compliance with the following information:
(1)
Name of owner/operator;
(2)
Date the certificate of compliance was issued for the EVCS;
(3)
Whether the EVCS has been moved or modified since the certificate of compliance was issued;
(4)
Whether any requests for relief from the requirements of this article have been made;
(6)
Certification that the EVCS complies with all applicable code, laws, rules and regulations.
§ 270-87 Decommissioning.
A.
Decommissioning plan. Applicants for Level 3 EVCS shall submit with the building permit application a decommissioning plan. Such plan, subject to approval by the Building Inspector, shall be implemented upon abandonment and/or in conjunction with EVCS removal. The decommissioning plan shall include:
(1)
A narrative description of the activities required for removal of the EVCS equipment and termination of electrical service, excepting underground conduits which may remain in place to accommodate future use;
(2)
Processes to recycle and/or dispose of all hazardous waste;
(3)
Anticipated life of the EVCS;
(4)
Estimated decommissioning costs and an explanation of methodology; and
(5)
The manner in which the premises will be restored.
B.
Cessation of electricity generation. The Level 3 owner/operator shall notify the Building Inspector if electrical generation to the EVCS has ceased for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period except for periods caused by force majeure or acts of God, in which case removal in accord with the decommissioning plan shall commence within 90 days of notice to the Building Inspector. The decommissioning plan and restoration of the premises shall be completed within 12 months from the notice.
C.
The application for a building permit for the Level 3 EVCS shall include a payment to be held in escrow for the decommissioning, including termination of the electrical charge and restoration of the premises. The escrow will be in an amount equal to the estimated decommissioning costs.
D.
If the owner/operator of the Level 3 EVCS fails to proceed with the decommissioning, termination of the electrical charge and restoration of the premises, the Village may use the escrow to undertake the work. If the amount of the escrow is insufficient to complete the work, Village staff and/or outside contractors in accord with the Village's procurement policy may be used.
E.
All expenses incurred by the Village in connection with the decommissioning of the Level 3 EVCS, termination of the electrical charge and restoration of the premises shall, at the option of the Board of Trustees either: i) be assessed against the real property to be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as provided by law for the collection and enforcement of real property taxes in the Village or ii) maintain a legal action to recover the expenses. If the Board of Trustees decides to assess such expenses against the land where the Level 3 EVCS was located, the Board of Trustees shall conduct a public hearing as to the amount of such expenses. Prior to the hearing, the Village shall cause to be served on the property owner a notice containing the following:
(1)
The name of the owner against whose property an assessment of expenses is being sought;
(2)
A brief description of the premises and its location;
(3)
That the decommissioning plan, including termination of the electrical charge and premises restoration, was not completed by the owner;
(4)
That the Village used the escrow for the work but that additional expenses were incurred by the Village to complete the work;
(5)
That the Village seeks to assess the expenses against the land where the Level 3 EVCS was located;
(6)
The date, time and place of the public hearing at which time the property owner will be afforded the opportunity to contest the amount of expenses to be assessed; and
(7)
That should the owner, who may be represented by counsel, fail to appear or fail to successfully contest the expenses, the Board of Trustees shall notify the Village Treasurer and the assessment shall be included in the next levy against the property.
§ 270-88 Fire safety compliance plan.
Upon request of the Building Inspector, documentation shall be provided that the EVCS, associated controls and safety systems comply with the Uniform Code.