This Battery Energy Storage System Law 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); and §§ 261 through 263 of the Town Law and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
This article is adopted to advance and protect the public health,
safety, welfare, and quality of life of the Town 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
and the goals of the Comprehensive Master Plan and its addenda, including
but not limited to sustainable development goals and exploring opportunities
for the utilization of solar and other alternative energy fixtures
and facilities.
The terms used in this article shall have the meanings indicated in Article III, Terminology.
A.
The requirements of this chapter shall apply to all battery energy
storage systems permitted, installed, or modified in the Town after
the effective date of this chapter, excluding general maintenance
and repair.
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 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
installation of all battery energy storage systems.
B.
Issuance of permits and approvals by the Town Board shall include
review pursuant to 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 Town Code.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts, subject to the Uniform Code[1] and the "Battery Energy Storage System Permit," and exempt
from site plan review.
Tier 2 battery energy storage systems are permitted through
the issuance of a special use permit within the A-R, MFMU, LC, GC,
LI, and GI Zoning Districts, and shall be subject to the Uniform Code[1] and the site plan application requirements set forth in
this section.
A.
Applications for the installation of Tier 2 battery energy storage
system shall be:
(1)
Reviewed by the Code Enforcement Officer for completeness. An application
shall be complete when it addresses all matters listed in this section,
including but not necessarily limited to: (a) compliance with all
applicable provisions of the Uniform Code and all applicable provisions
of the Energy Code; and (b) 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.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Town Board shall have a notice printed in a newspaper
of general circulation in the Town at least five days in advance of
such hearing. Applicants shall have delivered the notice by first
class mail to adjoining landowners or landowners within 200 feet of
the property at least 10 days prior to such a hearing. Proof of mailing
shall be provided to the Town Board at the public hearing.
(3)
Referred to the Erie County Department of Environment and Planning
pursuant to General Municipal Law § 239-m if required.
(4)
Upon closing of the public hearing, the Town 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 by both the Town Board and applicant.
B.
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.
C.
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, 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.
(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.
D.
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.
E.
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 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.
Removal of trees should be minimized to the extent possible.
F.
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 nonparticipating residence or occupied community building.
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.
G.
Decommissioning.
(1)
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:
(a)
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;
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
(c)
The anticipated life of the battery energy storage system;
(d)
The estimated decommissioning costs and how said estimate was
determined;
(e)
The method of ensuring that funds will be available for decommissioning
and restoration;
(f)
The method by which the decommissioning cost will be kept current;
(g)
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
(h)
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.
(2)
Decommissioning fund. The owner and/or operator of the energy storage
system shall continuously maintain a fund or bond payable to the Town
of Lancaster, in a form approved by the Town Board and Town Attorney
for the removal of the battery energy storage system, in an amount
to be determined by the Town Board, 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.
H.
Site plan application. 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 and planting, exterior lighting, and screening vegetation
or structures.
(3)
An 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.
(4)
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 building permit.
(5)
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.
(6)
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.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
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.[2] 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 Code Enforcement Officer prior to final inspection
and approval and maintained at an approved on-site location.
(9)
Firesafety 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.
(10)
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.
(11)
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.
(12)
Prior to the issuance of the building permit or final approval
by the Town Board, but not required as part of the application, engineering
documents must be signed and sealed by a NYS licensed professional
engineer.
(13)
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:
(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, and for safe startup
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 and repair 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 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.
(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 the Town to provide
for the safety of occupants, neighboring properties, and emergency
responders.
(h)
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.
I.
Special use permit standards.
(1)
Setbacks. Tier 2 battery energy storage systems shall comply with
the setback requirements of the underlying zoning district for principal
structures.
(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 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.
(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 and not interfering with ventilation
or exhaust ports.
J.
Ownership changes. 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
are 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.
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.
A.
The special use permit and site plan approval for a battery energy
storage system shall be valid for a period of 24 months, provided
that a building permit is issued for construction and construction
is commenced within that time. In the event construction is not completed
in accordance with the final site plan, as may have been amended and
approved, as required by the Town Board, within 24 months after approval,
the Town Board may extend the time to complete construction for 180
days. If the owner and/or operator fails to perform substantial construction
after 36 months, the approvals shall expire.
B.
The battery energy storage system shall be considered abandoned when
it ceases to operate consistently for 12 months. If the owner and/or
operator fails to comply with decommissioning upon any abandonment,
the Town 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.
Any violation of this Battery Energy Storage System Law shall
be subject to the same enforcement requirements contained in this
chapter.
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.
