[HISTORY: Adopted by the Town Board of the Town of Sweden 11-30-2021 by L.L. No. 10-2021. Amendments noted where applicable.]
This chapter shall be referred to as "Local Law 10 of 2021, Amending Chapter 176 to the Sweden Town Code Concerning Battery Energy Storage Systems."
This chapter is adopted pursuant to the New York State Constitution, Article IX, Town Law §§ 261 through 264 and Municipal Home Rule Law § 10.
A.
This chapter is adopted to advance and protect the public health,
safety, welfare, and quality of life of the Town of Sweden (hereinafter
referred to as "Sweden") by creating regulations for the installation
and use of battery energy storage systems, with the following objectives:
(1)
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems.
(2)
To ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems.
(3)
To mitigate the impacts of battery energy storage systems on environmental
resources, such as important agricultural lands, forests, wildlife
and other protected resources.
(4)
To create synergy between battery energy storage system development
and other stated goals of Sweden pursuant to its Comprehensive Plan.
B.
This zoning ordinance does not supersede any other state or federal
regulation pertaining to electrical storage laws. Any conflict between
this chapter and state law and federal law and/or utility regulation
shall be resolved by application of state law and federal law and/or
utility regulations.
As used in this chapter, 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.
(Also known as "electrical energy storage systems" in the
NYS Fire Code) 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 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 600kWh 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 600kWh or are comprised of one or more 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 chapter, 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 systematic process for the removal of the battery energy
storage system from the property and the restoration of the property
at abandonment or closure of the system, including financial responsibility
for its removal.
A building that is built for the primary intention of housing
battery energy storage system equipment and is classified as Group
F-1 occupancy as defined in the International Building Code, all in
compliance 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 systems 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 Electrical 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, 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.
Underwriters Laboratory, an accredited standards developer
in the United States.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Executive Law Article 18, as currently in effect
and as may be amended from time to time.
A.
The requirements of this chapter shall apply to all battery energy
storage systems permitted, installed or modified in Sweden after the
effective date of this chapter.
B.
Battery energy storage systems constructed or installed prior to
the effective date of this chapter shall not be required to meet the
requirements of this chapter.
C.
Modifications to, retrofits of or replacements of an existing battery
energy storage system that increase the total battery energy storage
systems designed discharge duration or power rating shall be subject
to this chapter.
A.
A building permit issued by the Sweden Building Department shall
be required for installation of all battery energy storage systems.
An electrical inspection must be conducted by an approved electrical
inspection agency for Sweden.
B.
Issuance of approvals by the Sweden Planning Board for Tier 2 systems
shall include review pursuant to the State Environmental Quality Review
Act, including ECL Article 8 and its implementing regulations at 6
NYCRR Part 617 ("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) 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 Town of
Sweden Town Code.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts, subject to the Uniform Code and the battery
energy storage system permit, and exempt from site plan review. Permits
shall be issued by the Sweden Building Department.
A.
Application for any Tier 2 battery energy storage system must be made to and approved by the Town Board through incentive zoning as specified in Sweden Town Code Chapter 175. Tier 2 battery energy storage systems shall only be permitted in industrial zone areas.
B.
Upon the Town Board's approval for the Tier 2 battery energy
storage system incentive zoning, application is to be made to the
Sweden Planning Board (hereinafter referred to as the "Planning Board")
for approval, where it must meet the guidelines for a Tier 2 battery
energy storage system as defined herein. Concurrent application can
be made to the Town Board and the Planning Board if time is an issue.
No application will be approved by the Planning Board until incentive
zoning is approved by the Town Board.
C.
Tier 2 battery energy storage systems are permitted through the issuance
of a special use permit and shall be subject to the Uniform Code and
the site plan application requirements set forth herein.
D.
Applications.
(1)
Applications for the installation of a Tier 2 battery energy storage
system shall be:
(a)
Reviewed by the Sweden Planning Board for completeness. An application
shall be complete when it addresses all matters listed herein, including,
but not limited to, compliance with the Uniform Code, the Energy Code,
addressing matters relating to floodplain, utility lines, electrical
circuitry, signage, lighting, vegetation, tree cutting, noise, decommissioning,
site plan considerations, special use considerations, ownership changes,
safety, emergency operation plan, easements, permit time frame and
abandonment. Applicants shall be advised within 15 business days as
to the status of the application.
(b)
Subject to a public hearing to hear all comments for and against
the application. The Sweden Planning Board shall have a notice printed
in a newspaper of general circulation in Sweden at least five days
in advance of such hearing. Applicants shall deliver the notice by
first class mail to adjoining landowners or landowners within 1,000
feet of the property at least 10 days prior to such hearing. Proof
of mailing shall be provided to the Sweden Planning Board at the public
hearing.
(c)
Referred to the Monroe County Planning Department pursuant to
General Municipal Law § 239-m, if required.
(2)
Upon closing of the public hearing, the Sweden Planning Board shall
take action on the application within 62 days of the public hearing,
which can include approval, approval with conditions, or denial. The
sixty-two-day period may be extended upon consent of both the Sweden
Planning Board and the applicant.
(3)
Upon approval of the Sweden Planning Board, an application for a
building permit is to be made to the Sweden Building Department.
E.
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/or any new interconnection
equipment, including poles with new easements and right-of-way.
F.
Signage.
(1)
The signage shall be in compliance with ANSI Z535 and shall include
the type of technology associated with the battery energy storage
systems, special hazards, the type of suppression system installed
in the area of battery energy storage systems and twenty-four-hour
emergency contact information, including a reach-back phone number.
(2)
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.
G.
Lighting. Lighting of the battery energy storage systems shall be
limited to that minimally required for safety purposes, operational
purposes and shall be reasonably shielded and downcast from abutting
properties.
H.
Vegetation and tree cutting. Areas within 10 feet on each side of
Tier 2 battery energy storage systems shall be cleared of combustible
vegetation and 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 exempt, provided that
they do not form a means of readily transmitting fire. Removal of
trees should be minimized to the extent possible.
I.
Noise. The one-hour average noise generated from the battery energy
storage systems, components, and associated ancillary equipment shall
not exceed a noise level of 60 dBA as measured at the outside wall
of any non-participating residence or occupied community building.
Applicants may submit equipment and component manufacturer's
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.
J.
Site plan application is to be made to the Sweden Planning Board.
For a Tier 2 battery energy storage system requiring a special use
permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing, planting, exterior lighting and screening vegetation or
structures.
(3)
Name, address and contact information of the proposed or potential
system installer and the owner/operator of the battery energy storage
system. Information of the final system installer shall be submitted
prior to the issuance of a building permit.
(4)
Name, address, phone number and signature of the project applicant,
as well as all property owners, demonstrating consent to the application
and use of the property for the battery energy storage system.
(5)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the use(s) of the land for the duration
of the project, including submission of easements, leases, and other
agreements.
(6)
Zoning district designation for the parcel(s) of land comprising
the project site.
(7)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and also prepared to such standards as may be established
by the Sweden Planning Board.
K.
Building plan (permit) application is to be made to the Sweden Building
Department after Planning Board approval. For a Tier 2 battery energy
storage system, building plan approval shall be required. Any building
plan application shall include the following information:
(1)
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.
(2)
A preliminary equipment specification sheet that documents the proposed
battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(3)
Name, address and contact information of the proposed or potential
system installer and the owner/operator of the battery energy storage
system. Information of the final system installer shall be submitted
prior to the issuance of a building permit.
(4)
Name, address, phone number and signature of the project applicant
as well as all property owners, demonstrating their consent to the
application and the use of the property for the battery energy storage
system.
(5)
Commissioning plan. Such plan shall document and verify that the
system, 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, including
the results of the initial acceptance testing required in the Uniform
Code, shall be provided to the Sweden Planning Board and Sweden Building
Department prior to final inspection and approval and thereafter maintained
at an approved on-site location.
(6)
Fire safety compliance plan. Such plan shall satisfactorily verify
that the system, associated controls and safety systems are in compliance
with the Uniform Code.
(7)
Operation and maintenance manual. The plan shall describe continuing
battery energy storage system maintenance, property upkeep, design,
construction, installation, testing and commissioning information,
all in conformity with the Uniform Code.
(8)
Prior to the issuance of a 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.
(9)
Emergency operations plan. A copy of the approved emergency operations
plan shall be given to the system owner, the local fire department
and the 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:
(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, all to also ensure
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 battery energy storage management system, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service personnel and providing agreed-upon
notification to fire department personnel for potentially hazardous
conditions in the event of a system failure.
(d)
Emergency procedures to be followed in case of fire, explosion,
release of liquids, vapors or 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/or controlling or extinguishing the fire.
(e)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(f)
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.
(g)
Other procedures as determined necessary by Sweden to provide
for the safety of occupants, neighboring properties and emergency
responders.
(h)
Procedures and schedules for conducting drills of all procedures
and for training local first responders on the contents of the plan
and appropriate response procedures.
(10)
An operating permit must be issued by the Building Department.
L.
Special use permit standards.
(1)
Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for solar farms as set forth in Sweden Town Chapter 174 concerning solar energy systems and solar farms.
(2)
Height. Tier 2 battery energy storage systems shall comply with the
building height limitations for principal structures of the underlying
zoning district.
(3)
Fencing requirements. Tier 2 battery energy storage systems, including
all mechanical equipment, shall be enclosed by an eight-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.
(4)
Screening and visibility. Tier 2 battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using architectural features, earth berms, landscaping
or other screening methods that will harmonize with the character
of the property and surrounding area so as not to interfere with ventilation
or exhaust ports.
M.
Ownership changes. If any owner of a battery energy storage system
changes, or if 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
Sweden Building Department 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 Sweden Building Department in writing.
The special use permit and all other local approvals for the battery
energy storage system will become void if a new owner or operator
fails to provide written notification to the Sweden Building Department
in the required time frame. Reinstatement of a void special use permit
will be subject to the same review and approval processes for new
applications under this chapter.
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),
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 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 local fire department and, if the Tier 2 battery energy storage
system is located in an ambulance district, the local ambulance corps.
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.
Abandonment and decommissioning considerations shall follow Sweden Town Code Chapter 172.
The special use permit and site plan approval for a battery
energy storage system shall be valid for a period of 18 months. In
the event construction is not completed in accordance with final site
plan approval within 18 months of said approval, an extension of 180
days can be granted to complete construction. If the owner/operator
fails to complete construction within the aforesaid 24 months, the
approval shall expire.
Any violation of this battery energy storage system law shall
be subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the Sweden Zoning or Land
Use Regulations.
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.
This chapter shall take effect upon the date it is filed in
the Office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.
