Town of Caledonia, NY Battery Energy Storage Systems

Battery energy storage system classification	R-R	R-1	B-3	I-1, I-2	P-D	L-C
Building-mounted Tier 1	P	P	P	P	P	P
Ground-mounted Tier 1	P	P	P	P	P	P
Tier 2	SPR/SP	SPR/SP	SPR/SP	SPR/SP	SPR/SP	SPR/SP

Tier 2 battery energy storage systems are conditionally permitted within all zoning districts through the issuance of a special use permit and site development plan approval by the Planning Board of the Town of Caledonia pursuant to this chapter and in accordance with Article XI of Chapter 130, Zoning, of the Code (Zoning Code) of the Town of Caledonia, and subject to the site development plan application requirements set forth in this section.

The Town shall require any operator to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA, and for battery energy storage system emergency response training for the local and mutual aid fire departments. Payment of said escrow and all application fees shall be made at the time of application submission.

The operator shall submit 10 copies of the application and site plan. Applications for the installation of Tier 2 battery energy storage system shall include the following:

(1)

The appropriate environmental assessment form pursuant to the NY State Environmental Quality Review Act.

(2)

Site plans of the battery energy storage system signed by a licensed professional engineer showing the proposed layout of the system.

(3)

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

(4)

A screening and landscaping plan prepared by a landscape architect showing proposed screening and buffering of all structures on the site. The plan shall include the proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures, and the plan for ongoing vegetation management. The screening and landscaping plan shall include locations, elevations, site lines, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. Suggested plant species for screening are presented in Appendix A. Invasive species that shall not be planted as part of the landscape buffer, include, but are not limited to, winter creeper, garden loosestrife, Chinese silver grass, yellow flag iris, bamboo, Norway maple, Japanese barberry, sweet autumn clematis, burning bush and siebold's viburnam, or other invasive species as identified by the NYSDEC or the NY Invasive Species Clearinghouse at Cornell University.

(5)

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.

(6)

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.

(7)

Verification that the battery energy storage system will be constructed and operated in compliance with all applicable federal and state standards.

(8)

Name, address, and contact information of proposed or potential system installer and the owner and/or operator. Such information of the final system installer shall be submitted prior to the issuance of building permit.

(9)

Name, address, phone number, and signature of the operator, as well as all the owners, demonstrating their consent within the prior three months to the application and the use of the property for the battery energy storage system.

(10)

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.

(11)

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 and have been developed in consultation with the local fire district and Livingston County Office of Emergency Management.

(12)

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.

(13)

Erosion and sediment control and storm water 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.

(14)

A study of the noise impacts of the construction and operation of the battery energy storage system demonstrating compliance with the approval standards for noise provided herein. The name(s) of the preparer(s) of the study and qualifications to perform such analyses shall be stated. If the study is prepared by certified member(s) of a relevant professional society or state, the details of such certification(s) shall be stated. Such noise study may demonstrate compliance by utilizing the methodology for solar energy systems and substations provided at 19 NYCRR 900-2.8, as amended.

(15)

Emergency operations plan. 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 start-up following cessation of emergency conditions.

(b)

Procedures for inspection and testing of associated alarms, interlocks, and controls including on-site physical inspection no less frequent that quarterly.

(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, including the Livingston County Office of Emergency Management, and the fire districts of Mumford, Scottsville, and Caledonia.

(16)

Decommissioning plan. The operator 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 must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

(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)

Restoration of the surface grade and soil after removal of equipment.

(c)

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

(d)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. No on-site disposal of such waste shall be permitted.

(e)

The anticipated life of the battery energy storage system.

(f)

The estimated decommissioning costs and how said estimate was determined.

(g)

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

(h)

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.

(i)

For battery energy storage systems constructed on designated farmland, the restoration of the designated farmland pursuant to the decommissioning guidelines of the New York State Agriculture and Markets Solar Energy Project Guidance.

(j)

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.

Review procedure.

(1)

The battery energy storage system application shall be reviewed by the Code Enforcement Officer for completeness. An application shall be complete when it addresses all matters listed in this chapter 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, permit time frame and abandonment.

(2)

Applicants shall be advised within 45 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

(3)

The application will be subject to the site development plan review procedures of Article XI of the Zoning Code.

(4)

The application shall be referred to the Livingston County Planning Board pursuant to General Municipal Law § 239-m.

Site plan and special use permit approval standards. In addition to the site development plan review standards of Article XI of the Zoning Code, approval of the site plan application requires that the Planning Board find that the proposed battery energy storage system protects adjacent land uses, will not adversely affect the neighborhood, and conforms to the following minimum requirements:

(1)

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.

(2)

Signage. No signage or graphic content may be displayed on the battery energy storage system except the manufacturer's badge, safety information and equipment specification information. A sign not to exceed nine square feet shall be displayed on or near the main access point and 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.

(4)

Lighting. Lighting of the battery energy storage systems shall be dark-sky compliant and limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

(5)

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.

(6)

Setbacks.

(a)

Except as otherwise approved by the Planning Board pursuant to this subsection, all Tier 2 battery energy storage systems shall comply with the following setback requirements. Such minimum setbacks shall be measured from the fencing surrounding the battery energy storage system that is nearest to the relevant property line, building or highway rights-of-way. Landscape buffers for screening may be placed in the setback area.

[1]

A minimum side and rear setback of 750 feet from a nonparticipating residence or commercial building as measured from the side and rear walls of the building.

[2]

Two hundred fifty feet from the property lines of a nonparticipating property containing a nonparticipating residence.

[3]

One hundred fifty feet from the property lines of a nonparticipating property that does not contain a nonparticipating residence.

[4]

Two hundred feet from the right-of-way line of a Town road.

[5]

Two hundred fifty feet from the right-of-way line of a county road.

[6]

Two hundred fifty feet from the right-of-way line of a state road or highway.

(b)

The Planning Board may approve a lesser setback from the requirements of § 106-19D(6)(a)[1], [2], [3], and [4] if the operator demonstrates, in consideration of such factors as the subject property's natural characteristics and proposed mitigation including, but not limited to, topography, existing and proposed vegetative buffers, the proximity to the nonparticipating residence, seasonality of the Town road, and the presence of participating properties on adjoining parcels separated by a Town road, that:

(7)

Screening and visibility. The screening and landscaping plan should demonstrate that the landscaped buffer will provide year-round screening so that to the maximum extent practicable the battery energy storage system is not visible from roadways and adjacent nonparticipating properties. The vegetation plantings shall be planted within 25 feet of the fencing surrounding the perimeter of the battery energy storage system. In lieu of plantings, berms or existing vegetation may be used to satisfy all or a portion of the required landscaped screening. If the buffer utilizes vegetative planting, the plantings shall consist of evergreen trees or bushes or the deer and weather resistant plant species presented in Appendix A, or as otherwise recommended by the landscape architect, planted no more than eight feet apart and at least four feet tall at time of planting. The buffer shall obtain a height of at least 10 feet within five growing seasons. The vegetation management plan shall ensure that any landscaping and trees that die off will be replaced by the following growing season with the approved plantings from the screening and landscape plan.

(8)

There will no adverse impact on the Town road or on the adjacent non- participating residence from the construction, maintenance, and operation of the battery energy storage system.

(9)

Height. Tier 2 battery energy storage systems shall not exceed 15 feet in height.

(10)

Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a minimum of seven-foot fence, or of a height as otherwise required by the National Electric Code, consisting of a high-green or black-powder-coated fence with top rail system with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building.

(11)

Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the property and of the battery energy storage system at locations acceptable to the Planning Board.

(12)

Security. Buildings must be protected from vehicle impact, including, but not limited to, protection provided by bollards.

(13)

Secondary containment. To the extent permitted under Uniform Code, secondary containment shall be provided to contain any release of electrolyte or other hazardous materials.

(14)

Noise. Noise levels from noise sources of battery energy storage systems will comply with the noise limits for substation and solar energy facilities contained in the New York Office of Renewable Energy Siting regulations at 19 NYCRR 900-6.5(b) by implementing the designed required by 19 NYCRR 900-2.8 except that the standards applicable to existing nonparticipating residences shall also be met for existing participating residences.

The Tier 2 battery energy storage system approval shall include appropriate conditions to mitigate adverse impacts of the battery energy storage system, including, but not limited to:

(1)

Compliance with the approved landscaping plan, vegetation management plan, and operations and maintenance plan.

(2)

Prior to the issuance of a building permit, the operator shall provide a copy of all necessary titles to or leasehold interests in the facility, including ingress and egress access to public streets, and such deeds, easements, leases, licenses, or other real property rights or privileges as are necessary for all interconnections for the facility.

(3)

The decommissioning plan shall run to the benefit of the Town of Caledonia and be executed by the operator as well as the owners and such signatures shall be notarized in a format that allows the plan to be recorded at the Office of the Livingston County Clerk. This document shall be recorded as an irrevocable deed restriction indexed against the property upon which the battery energy storage system is to be constructed.

(4)

Battery energy storage system construction-related damage. The operator of any permitted battery energy storage system shall, repair or replace all real or personal property, public or private, damaged as a result of the battery energy storage system construction.

(5)

Tier 2 battery energy storage system shall be considered major projects pursuant to § 124-6 of the Town Code and shall be required to obtain a road use permit and enter into a road maintenance agreement acceptable to the Highway Superintendent pursuant to Article III of Chapter 124 of the Town Code. Prior to the commencement of construction of the battery energy storage system, an existing condition survey of the approved hauling routes for construction of the battery energy storage system. Any road damage during construction that is caused by the operator or one or more of its subcontractors that is identified by the New York State Department of Transportation ("NYSDOT"), Livingston County Highway, and Town of Caledonia Highway (as appropriate) shall be repaired or reconstructed to the satisfaction of NYSDOT, Livingston County Highway, and Town of Caledonia Highway (as appropriate) at the operator's expense, prior to the final inspection. In addition, the operator shall pay for all costs related to NYSDOT, Livingston County Highway, and Town of Caledonia Highway (as appropriate) pre-inspection work prior to receipt of the final inspection.

(6)

Site access shall be maintained to a level acceptable to the local fire department and emergency medical services. All means of shutting down the battery energy storage system shall be clearly marked.

(7)

The operator shall be responsible for the cost of maintaining the battery energy storage system and any access road(s), unless accepted as a public way.

(8)

The operator shall identify a responsible person with contact information for public inquiries from the commencement of construction of the battery energy storage system until the completion of the decommissioning plan.

(9)

The operator is responsible to provide the Town of Caledonia with a current written list of all chemicals used for maintenance and operation of the battery energy storage system (e.g., pesticides, herbicides, cleaners). This list shall include quantity and frequency of application of each of these chemicals. The operator shall be liable for a civil penalty of not more than $500 for each day or part thereof during which violation of the requirements of this subsection continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Caledonia.

(10)

The operator shall secure and maintain public liability insurance from the commencement of construction of the battery energy storage system until the completion of the decommissioning plan, as follows:

(a)

Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence ($2,000,000 aggregate), which shall specifically include the Town of Caledonia and its officers, employees, board members, attorneys, agents and consultants as additional named insured.

(b)

Umbrella coverage: $5,000,000.

(c)

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with at least a Best's rating of A.

(d)

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town of Caledonia with at least 30 days' prior written notice in advance of cancellation.

(e)

Renewal or replacement policies shall be delivered to the Town of Caledonia at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(f)

No more than 15 days after the grant of the permit and before construction is initiated, the permit holder shall deliver to the Town of Caledonia a copy of each of the policies or certificates representing the insurance in the required amounts.

(g)

A certificate of insurance that states that it is for informational purposes only and does not confer sufficient rights upon the Town of Caledonia shall not be deemed to comply with this chapter.

Battery energy storage system surety for decommissioning.

(1)

The owner shall place with the Town of Caledonia an acceptable letter of credit, performance bond, or other form of security reasonably acceptable to the Town Attorney and Engineer, that is sufficient to cover the cost of implementing the approved decommissioning plan. The amount of the letter of credit or other security shall be in the amount of 150% of the estimated cost of implementing the decommissioning plan. The estimated cost of implementing the decommissioning plan will be certified by a licensed professional engineer and reviewed by the Town Engineer. The salvage value of the battery energy storage system equipment shall not be accounted for in the estimated cost of implementing the decommissioning plan. The financial security shall be updated every fifth year thereafter specifying changes to the estimated cost of implementing the decommissioning plan.

(2)

The Town of Caledonia shall use this surety to assure the faithful performance of the decommissioning plan. The full amount of the bond or security shall remain in full force and effect until the decommissioning plan has been fully implemented.

(3)

The surety for implementing the decommissioning plan shall not be released until the Town Engineer has confirmed that the approved decommissioning plan has been fully implemented and is satisfied that any road damage identified during and after decommissioning that is caused by the operator and/or one or more of its contractors or subcontractors has been repaired or reconstructed to the satisfaction of the NYSDOT, Livingston County Highway and/or Town of Caledonia Highway Department at the operator's expense. In addition, the operator shall pay for all costs related to work of the NYSDOT, Livingston County Highway, and Town of Caledonia Highway (as appropriate) inspection prior to receipt of the release of the surety.

Ownership changes. If the operator of the battery energy storage system changes or the owner of the property changes, the special use permit and/or site plan approval shall remain in effect, provided that the successor owner assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. The new owner shall notify the Code Enforcement Officer of such change within 30 days of the change. The new owner 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 shall become void if a new owner fails to provide written notification to the Code Enforcement Officer 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.