The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Village after the effective date of this section, excluding general maintenance and repair.

Battery energy storage systems that have a valid building permit or have been constructed or installed or have received any approvals from the Planning Board or the Zoning Board prior to the effective date of this section shall not be required to meet the requirements of this section.

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 section.

A building permit and an electrical permit shall be required for installation of any battery energy storage system.

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) are 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.

In the interest of promoting alternative energy through battery energy storage, the Village Board may entertain the creation of battery energy storage system floating zones by the legislative amendment of the Village's Zoning Map. Portions of parcels within the OB and MU Zoning Districts not within 200 feet of any principal or primary residential building whether on the same lot or otherwise, but within 200 feet of a boundary to Interstate 287 or associated on-ramps and/or off-ramps are eligible hosts for this floating zone. A battery energy storage system shall be deemed a permitted accessory use in any such floating zone. Accessory improvements such as access drives, interconnection equipment, and grid improvements required by Consolidated Edison may be located outside of the floating zone but the battery energy storage system itself must be located in such a floating zone. The Village Board, as a legislative body, has broad discretion in amending the Zoning Map and shall take the preservation and use of environmental resources, as well as any other factors it deems pertinent, into consideration in determining whether the Board will entertain an application for the creation of said floating zone. In evaluating this balance, the Village Board will, all other things being equal, favor paved parking areas over natural treeless areas and natural treeless areas over treed areas for the installation of battery energy storage systems. Protection of the visual environment shall also be considered by the Village Board. All applications for battery energy storage system floating zones shall be subject to the Uniform Code and the site plan application requirements set forth in this section.

Amendment of the Zoning Map shall follow the same procedure contained in § 305-7 of this chapter.

Subsequent to amendment of the Zoning Map, battery energy storage systems are permitted through the issuance of site plan approval from the Planning Board under § 305-17 of this chapter, Subsections G and H below, and Architectural Review Board approval pursuant to Chapter 9 of this Code.

Property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, and exterior lighting.

A screening and landscaping plan showing adequate measures to screen the system using landscaping, grading, or other means so that views of the storage system shall be minimized as reasonably practical and feasible from public roadways and adjacent properties.

Location of the battery energy storage system and setbacks from property lines.

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.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

Name, address, and contact information of the 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 a building permit.

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.

Zoning district designation for the parcel(s) of land comprising the project site.

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 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 Building Inspector prior to final inspection and approval and maintained at an approved on-site location.

Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems comply with the Uniform Code.

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.

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.

Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer.

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:

Bulk requirements. Battery energy storage systems shall meet the following bulk requirements: Minimum lot size shall be four acres. Minimum setbacks to the battery cabinets shall be 100 feet, with the exception of setbacks from any portion of the property that borders I-287 or associated on-ramps and/or off-ramps which shall be 10 feet. Ancillary design elements such as fencing, bollards, and jersey barriers shall not be subject to a setback requirement from property lines including those property lines that border I-287 or associated on-ramps and/or off-ramps. Appurtenances of the Public Utility Infrastructure such as metering enclosures may be located in accordance with the Public Utility's locational requirements irrespective of setback requirements contained herein or elsewhere in the Village's Laws or Ordinances. Such appurtenances shall be permitted in any yard of property supporting a floating zone established pursuant to this section irrespective of whether "accessory" structures or uses are otherwise permitted therein. Maximum height shall be 16 feet.

Screening and visibility. Battery energy storage systems shall be screened to the maximum extent practicable from public roadways (excepting Interstate 287) 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. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

Access. Vehicular access within the site shall be designed to minimize the extent of increases to impervious materials and soil compaction and meet any applicable emergency access or safety requirements.

Trees and vegetation. The clearing of vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the battery energy storage system.

Fencing. All mechanical equipment shall be enclosed by a seven-foot fence or a six-foot fence with one foot of barbed wire pursuant to the National Electric Code with a locking gate to prevent unauthorized access. No fence height variances shall be required to the extent otherwise regulated by the Village Code.

Lighting. Lighting of battery energy storage systems shall be limited to lighting that is minimally required for safety and operational purposes and shall be reasonably shielded, downcast and not encroach on abutting properties. All lighting should be less than 3,000 Kelvin.

Coverage. The battery energy storage system shall be included in calculating maximum permitted building coverage for the applicable zoning district.

Security.

Abandonment.

Decommissioning. Battery energy storage systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which, at the owner's option, may come from the bond provided to the Village as set forth in Subsection G(8) herein.

Ownership or operator changes. If the owner or operator of the battery energy storage system changes or the owner of the property changes, all local approvals shall remain in effect, provided that the successor owner or operator agrees to assume, in writing, all of the obligations of the site plan approval and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Building Inspector of such change in ownership or operator within 30 days of the ownership or operator change. A new owner or operator must provide such notification to the Building Inspector in writing. The local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Building Inspector in the required time frame. Reinstatement of a void permit will be subject to the same review and approval processes for new applications under this section.

The signage shall comply 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 24-hour emergency contact information, including reach-back phone number. No additional local approvals shall be required for such signage.

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.

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;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the battery energy storage system;

The estimated decommissioning costs and how said estimate was determined;

The method of ensuring that funds will be available for decommissioning and restoration;

The method by which the decommissioning cost will be kept current;

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 system, 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

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.

UL 1973 (standard for batteries for use in stationary, vehicle auxiliary power, and light electric rail applications);

UL 1642 (standard for lithium batteries);

UL 1741 or UL 62109 (inverters and power converters);

Certified under the applicable electrical, building, and fire prevention codes as required;

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.