[Amended 6-13-2022 by L.L. No. 2-2022[1]]
[1]
Editor's Note: This local law also repealed former Art. IX, Administration, as amended 3-6-1984; 8-24-1994; 6-7-2005; and 10-26-2020.
A.
Use regulations.
(1)
The following provisions are the use regulations for a cellular telecommunications facility. The Town will generally permit no more than four towers in the existing boundaries of the Town. However, this number can be increased by the Planning Board through site plan review.
(a)
Section 247-70A(3) below applies to all districts.
(b)
Section 247-70A(4) below applies to commercial and industrial districts.
(c)
Section 247-70A(5) below applies to residential districts.
(2)
Cellular telecommunications facilities may be permitted in all districts by special use permit. The special use permit format allows the Town to deal with each application on a case-by-case basis, and through the process will be able to attach reasonable conditions to the granting of the special use permit.
(3)
The following general provisions apply to all cellular telecommunications facilities which include tower and antenna. These general standards are in addition to the provisions for the particular applications specified in Subsection A(4) and (5) below:
(a)
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
(b)
All applicants must provide for co-location on their tower and to provide a base of sufficient size, strength and structure to support a 160-foot tower.
(c)
A six-to-eight-foot-high security fence shall completely surround the tower and guy wires if used. The equipment and/or equipment building should be located inside the security fence.
(d)
The following buffer plantings shall be located around the perimeter of the security fence:
(e)
Tower height. Not to exceed 160 feet in total from ground level or 735 feet above sea level.
(f)
Towers and antennas shall be designed to withstand inclement weather conditions indigenous of this area, i.e., wind gusts, icing caused by freezing rain or melting snow, etc.
(g)
The cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
(4)
Nonresidential districts. A cellular telecommunications facility shall be permitted in the Light Industrial, Special Light Industrial, Light Commercial, and Medium Commercial Districts, subject to the following conditions:
(b)
Combined with another use. A cellular telecommunications facility is permitted on a property with an existing use.
[1]
The existing use on the property may be any permitted use in the Town or any lawful nonconforming use and need not be affiliated with the cellular telecommunications provider.
[2]
Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (guy wires if used), the equipment and/or the equipment building, a fall zone, security fence, and evergreen plantings.
[3]
Access. The vehicular access to the equipment building and tower shall be provided and maintained by the tower owner and be of sufficient width and thickness to provide access to emergency vehicles.
(5)
Residential districts. A cellular telecommunications facility may be located in a residential district subject to the following conditions:
(a)
Antenna only:
[1]
Combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district. This includes but is not limited to a place of assembly, a municipal or governmental building or facility, agricultural building, or a building or structure owned by a utility. If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with all requirements as set forth for that given district.
[2]
Vehicular access to the building shall not interfere with the parking or vehicular traffic required for the principal use.
B.
Tower permit application. Any company or governmental agency considered to be an essential service by federal definition may apply to the Town for a special use permit to construct a tower.
(1)
Application for a special use permit shall include the following:
(a)
Town-supplied site plan review application as required under § 247-54 (Site plan review; performance and design standards and associated fee). See the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.
(b)
Environmental assessment form pursuant to SEQRA.
(c)
Proof of the landowner's consent as demonstrated by a lease agreement or equivalent if the applicant will not own the property. The stated lease agreement or equivalent must be approved by the Town Attorney.
(d)
A survey of the property which includes all structures, easements, waterways, ditches (open or piped) on the property on the day of application. The survey should also include:
[1]
Exact location of tower.
[2]
Surface dimensions of tower base.
[3]
Location of guy anchors if applicable.
[4]
Location with dimensions of any proposed structures and/or equipment.
[5]
Location and dimension of driveway and/or walkway.
[6]
Proposed location of any utilities and proposed construction (underground or aboveground).
(2)
A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board to ensure that all of the provisions listed herein are being adhered to. The Planning Town will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).
E.
Safety. Upon written request from the Town, the applicant shall provide certification from a qualified licensed engineer that the tower meets all applicable structural safety standards.
F.
Removal.
(1)
The applicant will agree to remove the tower in total which includes the base, guy anchors, equipment, and/or buildings within a one-year time frame commensurate with the date said tower ceases to be used and/or termination of the aforementioned lease (or equivalent), if applicable.
(2)
A demolition or removal bond, or equivalent, will be required at the time of installation.
(3)
Prior to removal, a demolition permit must be obtained from the Code Enforcement Officer/Building Inspector.
G.
Fees. See the Town of Pendleton Fee Schedule, as adopted by the Town Board via resolution, as may be amended from time to time.
A.
Title. This section shall be known as and may be cited as the "Residential Wind Energy Conversion Systems (RWECS) Law of the Town of Pendleton."
B.
Purpose. The purpose of this section is to provide standards for RWECS designed for home and/or farm wind energy conversion system use on the same parcel, and that they are primarily used to reduce consumption of utility power at that location. The Town of Pendleton is primarily responsible for promoting the health, safety and general welfare of its residents and the environmental quality of its lands. This section is designed to preserve and protect the quality of life and the quality of the environment within the borders of the Town of Pendleton and to ensure that the health, safety, and general welfare continue to exist at the highest level and standards which the Town's residents have consistently required and expect.
C.
Intent.
(1)
The intent of this section is to protect the Town's interest in properly siting all residential wind energy turbines and/or similar facilities in accordance with approved plans. Site plan approval is not required for farm operations located within an agricultural district.
(2)
This section may be periodically reviewed and revised by the Town Board in order to maintain compliance with the spirit and intent of this section.
D. FARM OPERATIONS RESIDENTIAL WIND ENERGY CONVERSION SYSTEM (RWECS) TOTAL HEIGHT TOWER TOWER HEIGHT WIND TURBINE
Definitions. As used in this § 247-71, the following terms shall have the meanings indicated:
Agricultural and farming activities located within an agricultural district as defined in § 301 of the New York State Agricultural and Markets Law.
A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics and is intended to solely supply electrical power for use on the subject property.
The height of the wind energy conversion system measured from the ground elevation to the top of the tip of the blade in the vertical position.
The support structure; includes a guyed monopole upon which a wind turbine and other mechanical devices are mounted.
The height above grade of the uppermost fixed portion of the tower, excluding the length of any axial rotating turbine blades.
Any piece of electricity-generating equipment that converts wind energy into electrical energy through the use of airfoils, rotating turbine blades, or similar devices to capture the wind.
E.
Site plan application process.
(1)
The applicant shall file a site plan review application with the Planning Board. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed application and authorizing the submission of the application.
(2)
This site plan review shall include:
(a)
Twelve sets of plans prepared and certified by a New York State licensed professional engineer, an architect, a landscape architect, or land surveyor.
(b)
Drawing title including: name of project, name and address of applicant and person who prepared the drawings, North point, scale, legend, location map and date.
(c)
Property survey of proposed project, including dimensions, angles and acreage plotted to scale. Also show adjoining properties, owner names and addresses, and buildings within 500 feet of project boundary.
(d)
Street name, right-of-way and pavement width of all existing streets on or adjacent to the site, also including the location of adjacent or abutting driveways and street intersections.
(e)
Topographic survey (minimum grid of 50 feet), datum shall be State Plane, includes benchmark(s), location and elevation on drawing.
(f)
All existing buildings.
(g)
Proposed building locations, building setbacks and minimum zoning setbacks, side yard dimensions, space between buildings, green areas, parking areas and ingress and egress identified.
(h)
All existing watercourses, tree masses and other natural features, elevation of water in existing watercourses and proposed and existing base flood elevations (100-year if in a flood hazard area).
(i)
SEQR forms submitted. This action will be classified as an unlisted action. As a result, the short form will be used.
(j)
Visual impact study of the proposed RWECS as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.
(k)
Location and elevation of the proposed RWECS.
(l)
Vertical drawing of the RWECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs and access doors.
(m)
Location of all aboveground utility lines on the site or within one radius of the total height of the RWECS, transformers, power lines, interconnection point with transmission lines and other ancillary facilities or structures shall be shown.
(n)
Record as-built drawings shall be submitted to the Building Department prior to issuance of final Building Department approval.
(3)
The Planning Board shall schedule a public hearing and conduct an environmental review pursuant to the State Environmental Quality Review Act (SEQRA).
(4)
Within 62 days after the public hearing, the Planning Board may approve, approve with conditions or deny the site plan review application. Denial of the application shall be by written decision based upon substantial evidence submitted to the Planning Board. Upon approval, the applicant shall obtain a building permit for the RWECS.
F.
Special use permit. A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board. Town Board review will be undertaken to ensure that all provisions listed herein are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).
G.
Standards.
(1)
Minimum lot size: five acres.
(2)
Setbacks:
(a)
From property lines: minimum distance 1 1/2 times the total height of the RWECS from any property line.
(b)
From on-site residential dwelling buildings: minimum distance 1 1/2 times the total height of the RWECS.
(c)
From off-site residential dwelling: minimum distance shall be 500 feet from the tower.
(d)
All RWECS shall be set back from rights-of-way, easements, public ways, power lines, and any preexisting structures by a distance of at least equal to its fall zone.
(3)
The minimum distance between the ground and any part of the rotor blade shall be 30 feet at its lowest point of rotation.
(4)
Only one RWECS per legal lot shall be allowed.
(5)
Exterior lighting, other than the conventional lighting for maintenance purposes, on any structure associated with the RWECS shall not be allowed except that which is specifically required by the Federal Aviation Administration.
(6)
No brand names, logos or advertising shall be placed or painted on the tower, rotor, generator, or tail vane where it would be visible from the ground, except that a system's or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
(7)
All wind turbines shall be equipped with an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components, or nacelles. This should meet or exceed the industrial standards for the size of the system and be certified by the manufacturer. The applicant shall have a manual filed with the Town Clerk also showing any revisions.
(8)
No RWECS shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No RWECS shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a RWECS is causing electromagnetic interference, the property owner shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the RWECS building permit and approval for the RWECS causing the interference.
(9)
RWECS shall conform to the following specifications:
(a)
Kilowatt limit: 10 kilowatts maximum.
(b)
Color. The color of all RWECS shall be reviewed as environmentally appropriate subject to Planning Board approval. The RWECS tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize negative visual impact.
(c)
Structure. All RWECS structures shall be a monopole tower.
(d)
The design of RWECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility to the natural setting and the existing environment.
(e)
All monopole towers must be unclimbable by design and protected by anticlimbing devices, as per industrial standards or climbing apparatus to prohibit access no lower than 12 feet from the ground.
(f)
All related electrical lines shall be buried and marked in compliance with the NEC standards.
(g)
Total height shall be limited to a maximum of 120 feet to comply with setbacks.
(h)
RWECS shall be located only in rear yards.
(i)
Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering to eight feet above the ground. The minimum setback for the guy wire anchors shall be 10 feet from the property boundary.
(10)
Certification. The applicant is required to provide the following certifications:
(a)
Certification of structural components. The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in New York State. The engineer shall certify compliance with good engineering practices and compliance with the appropriate provisions of the Uniform Construction Code that have been adopted in New York State.
(b)
Certification of electrical system. The electrical system shall be certified in writing by an electrical engineer registered in New York State. The engineer shall certify compliance with good engineering practices and with the appropriate provisions of the electrical code that have been adopted by New York State.
(c)
Certification of rotor overspeed control. The rotor overspeed control system shall be certified in writing by a mechanical engineer registered in New York State. The engineer shall certify compliance with good engineering practices.
(11)
General complaint process.
(a)
During construction, the Code Enforcement Officer/Building Inspector can issue a stop-work order at any time for any violations of the special use permit.
(b)
Post construction. After construction is complete, the special use permit holder shall establish a contact person, including name and phone number for receipt of any complaint. Upon receipt of complaint from the Code Enforcement Officer/Building Inspector the permit holder/contact person shall have seven working days to reply to the Town in writing.
(12)
Post-construction maintenance/inspections.
(a)
Upon reasonable notice, the Code Enforcement Officer/Building Inspector may enter a lot on which a RWECS building permit has been granted for the purpose of compliance with any special use permit requirements. Twenty-four hours' advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice.
(b)
A RWECS shall be inspected annually by a professional engineer licensed in the State of New York that has been approved by the Town or at any other time, upon a determination by the Code Enforcement Officer/Building Inspector, that the wind turbine, tower, or other RWECS components have sustained structural damage, and a copy of the inspection report shall be submitted to the Code Enforcement Officer/Building Inspector. Any fee or expense associated with this inspection shall be borne entirely by the permit holder.
(13)
Fees and costs. See the Town of Pendleton Fee Schedule, as adopted by the Town Board via resolution, as may be amended from time to time.
(14)
Abandonment of use. All RWECS shall be maintained in good condition and in accordance with all requirements of this section. If an annual inspection shows that the structure is unsafe, then the owner will be given an opportunity to bring the structure into compliance. If the structure is deemed unsafe and the owner does not bring the structure into compliance within a reasonable period of time, the tower shall be dismantled and removed from the property at the owner's expense. The Town reserves the right to dismantle the structure and to charge back the cost of this removal to the property owner. If unpaid, this cost will be assessed to the tax levy of the property.
A.
Title. This section shall be known and may be recited as the "Solar Energy Systems Ordinance of the Town of Pendleton."
B.
Findings. The Town Board of the Town of Pendleton makes the following findings:
(1)
The Town Board recognizes that solar energy is a clean, readily available and renewable energy source, and the Town intends to accommodate the use of solar energy systems.
(2)
However, the Town Board finds a growing need to properly site solar energy systems within the boundaries of the Town to protect residential, business areas and other land uses, to preserve the overall beauty, nature and character of the Town, to promote the effective and efficient use of solar energy resources, and to protect the health, safety and general welfare of the citizens of the Town.
(3)
Prior to the adoption of this section, no specific procedures existed to address the siting of solar energy systems. Accordingly, the Town Board finds that the promulgation of this section is necessary to direct the location and construction of these systems.
(4)
Solar energy systems need to be regulated for removal when no longer utilized.
C.
Purpose. This section is adopted to advance and protect the public health, safety and welfare of the Town, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
(2)
Decreasing the cost of energy to owners of commercial and residential properties, including single-family residences; and
(3)
Increasing employment and business development in the region by furthering the installation of solar energy systems.
D. APPLICANT BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS FOOTPRINT OF LARGE-SCALE SOLAR SYSTEM FOOTPRINT OF MINOR SOLAR ENERGY SYSTEM, GROUND-MOUNTED GROUND-MOUNTED SOLAR ENERGY SYSTEM LARGE-SCALE SOLAR ENERGY SYSTEM or SOLAR FARM MINOR SOLAR ENERGY SYSTEM ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
Definitions. As used in this § 247-72, the following terms shall have the meanings indicated:
The person or entity filing an application and seeking an approval under this section; the owner of a solar energy system or a proposed solar energy system project; the operator of a solar energy system or a proposed solar energy system project; any person acting on behalf of an applicant, solar energy system or proposed solar energy system. Whenever the terms "applicant" or "owner" or "operator" are used in this section, said term shall include any person acting as an applicant, owner or operator.
A solar energy system that is a combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
The area usually measured in acres which is located within a line drawn around the perimeter of the total project. The total area of all solar panels, areas between panels, all support buildings and access roads to the panels are included in the footprint. Fencing around the footprint of the large-scale solar system must be installed, and all area within that fencing is included in the footprint.
The area which is located within a line drawn around the perimeter of the total project.
A solar energy system that is affixed to the ground, either directly or by support structures or other mounting devices.
Any solar energy system that cumulatively on a lot is designed and intended to supply energy into a utility grid, primarily for sale to the general public.
Any solar energy system which relies upon solar radiation as an energy source and distribution of solar energy for electricity generation or transfer of stored heat, secondary to the use of the premises.
Any solar energy system that is affixed to the roof of a building and wholly contained within the limits of the roof surface.
E.
Use districts where allowed.
(1)
Solar energy systems shall be allowed in zoning districts as follows:
(a)
Allowed by right:
[1]
Minor solar energy systems, including roof-mounted solar energy systems and ground-mounted energy systems: allowable in all zoning districts. In commercial and light industrial zoning districts, roof- or ground-mounted solar energy systems must be used in conjunction with the business located on the same parcel as the solar energy system.
(b)
Permitted by special use permit:
[1]
Large-scale solar energy systems or solar farms: allowable in CO2 Medium Commercial, LI Light Industrial and SLI Special Light Industrial Districts only by special use permit.
[2]
Large-scale solar energy systems or solar farms are not permitted by right or by special use permit in the R-1 and R-2 Residential Zoning Districts and CO1 Light Commercial District.
F.
General regulations. The placement, construction, and major modification of all solar energy systems within the boundaries of the Town shall be permitted only as follows:
(1)
All solar energy systems shall adhere to all applicable federal, state, county and Town of Pendleton laws, regulations and building, plumbing, electrical, and fire codes.
(2)
Rooftop-mounted and building-integrated solar energy systems upon issuance of a building permit based on the criteria set out in § 247-72G herein.
(3)
Ground-mounted solar energy systems upon issuance of a building permit based on the criteria set out at § 247-72I herein.
(4)
Large-scale solar energy systems, upon site plan review by the Planning Board and special use permit approval issued by the Town Board, and upon issuance of a building permit issued by the Code Enforcement Officer/Building Inspector, shall be subject to all provisions of this section.
(5)
All solar energy systems existing on the effective date of this section shall be allowed to continue usage as they presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction other than routine maintenance shall comply with the requirements of this section.
(6)
No solar energy system shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with these regulations.
(7)
Any applications (including variance applications) pending for solar energy systems on the effective date of this section shall be subject to the provisions of this section.
G.
Minor solar energy systems.
(1)
Rooftop-mounted solar energy systems shall be subject to the following requirements:
(a)
Shall not be more than three feet higher than the finished flat roof to which it is mounted.
(b)
Shall be flush-mounted parallel to the pitched roof surface and no more than six inches above the surface with an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge.
(c)
The Code Enforcement Officer/Building Inspector may require, in his/her sole discretion, at least a three-foot center walkway for safety access purposes.
(d)
The proposed solar installation shall be on the roof of a residential building or legal accessory structure with a single layer of roof covering. A waiver may be requested, in writing, from the Code Enforcement Officer/Building Inspector for an installation on a second layer of roof covering.
(e)
The proposed solar installation shall create a gravity roof load of no more than five pounds per square foot for a photovoltaic (PV) system.
(f)
All equipment and systems must be in full compliance with all current National Electrical Code (NEC) and New York State Building Code requirements.
(g)
A professional engineer or registered architect must also certify the load-bearing and wind load sufficiency of the proposed solar installation.
(h)
A new survey is not required, but if the solar energy system is proposed for an accessory structure on a residential property, the applicant shall provide an existing survey and demonstrate that the accessory structure is legal.
(2)
Building-integrated solar energy systems shall not be more than three feet from the building wall, and in no instance shall any part of the system extend beyond the roofline or parapet wall.
(3)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems shall be subject to the following setback requirements:
(b)
The location of said solar energy system shall be only in the side or rear yard.
(c)
The orientation of said solar energy system shall not be pointed directly at any adjoining residential dwelling.
(d)
The height of said solar energy system shall not exceed 15 feet when oriented at maximum tilt.
(e)
The total surface area of said solar energy system on a lot which is two acres or less shall not exceed 600 square feet.
H.
Site plan review requirements for large-scale solar energy systems. Applicants for approval to place, construct, and make a major modification to a large-scale solar energy system within the boundaries of the Town shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards. In addition to the standard requirements in other articles of Chapter 247, Zoning, the following information shall be contained in the application:
(1)
Utility interconnection data and a copy of written notification to the utility of the proposed interconnection.
(2)
One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and overcurrent devices.
(3)
Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on-site or off-site, existing vegetation and proposed clearing and grading of all sites involved, and utility lines, both above and below ground, on the site and adjacent to the site.
(4)
Property lot lines and the location and dimensions of all existing structures and uses on-site within 500 feet of the solar panels.
(5)
Proposed fencing and/or screening for said project.
(6)
The footprint of the large-scale solar system, outlined in accordance with the definition of "footprint" found in § 247-72D, Definitions, must be provided. A calculation determining total acreage within the footprint must also be provided.
(7)
A decommissioning plan to ensure the proper removal of large-scale solar energy systems is to be submitted to the Building Department for approval and must specify that after the large-scale solar energy system is no longer in use (as determined by the owner/operator or the Code Enforcement Officer/Building Inspector), it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and restoration shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution and a cost estimate for decommissioning prepared by a professional engineer or qualified contractor. Cost estimates shall take inflation into consideration and be revised every five years during operation of the system. Removal of the large-scale solar energy system must be completed in accordance with the approved decommissioning plan and the standards provided as follows:
(a)
All structures and foundations associated with the large-scale solar energy systems shall be removed to a depth of 36 inches;
(b)
All disturbed ground surfaces shall be restored to original conditions, including topsoil and seeding as necessary;
(c)
All electrical systems shall be properly disconnected, and all cables and wiring buried less than 36 inches in depth shall be removed; and
(d)
A bond or other approved security shall be provided to cover the cost of removal and restoration of the area impacted by the solar energy system. Security shall be in an amount equal to 150% of the construction estimate as presented in the approved decommissioning plan.
I.
Large-scale solar energy system design criteria.
(1)
Design of large-scale solar energy systems shall meet the following conditions:
(a)
Setbacks. Any utility-scale solar energy system shall adhere to the following setbacks:
[1]
A minimum of 200 feet from any property lot line.
[2]
A minimum of 250 feet from any building or structure on any adjacent lot.
[3]
A minimum of 500 feet from any dwelling.
[4]
A minimum of 200 feet from any public road or railroad (measured from the road right-of-way or property line).
[5]
A minimum of 750 feet from all property lot lines bordering a school or public park.
(b)
Maximum overall height. The height of a large-scale solar energy system shall not exceed 20 feet when oriented at maximum tilt.
(c)
Number of large-scale solar energy systems allowed per lot. There shall be allowed only one large-scale solar energy system per lot.
[1]
Minimum lot area shall be 15 acres.
[2]
Maximum lot area shall be 100 acres.
[3]
The large-scale solar energy system proposed to be located in the CO2 Medium Commercial, LI Light Industrial or SLI Special Light Industrial Zoning District shall be subject to a maximum lot coverage area of 25% of the total acreage of property owned or leased on which proposed solar energy system is located, as calculated per the definition of "footprint" found in § 247-72D of this article.
(d)
All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.
(e)
All transmission lines and wiring associated with a large-scale solar energy system shall be buried and include necessary encasements in accordance with the National Electrical Code and Town requirements. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan.
(2)
After completion of a large-scale solar energy system, the applicant shall provide to the Code Enforcement Officer/Building Inspector a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.
(3)
Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of a large-scale solar energy system.
(4)
Security fencing. Fencing around the footprint of the large-scale solar energy system must be installed, and all area within that fencing is included in the footprint.
J.
Maintenance, procedures, fees.
(1)
Removal. All solar energy systems shall be dismantled and removed immediately from a lot when the solar energy system has been deemed inoperative or abandoned by the Code Enforcement Officer/Building Inspector for a period of more than 365 days at the cost of the owner. If the owner does not dismantle and remove said solar energy system as required, the Town Board may, after a hearing at which the owner shall be given an opportunity to be heard and present evidence, dismantle and remove said facility and place the cost of removal to the security assigned to the project.
(2)
Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a solar energy system shall be made by the Code Enforcement Officer/Building Inspector, who shall provide the owner with written notice by personal service or certified mail. Any appeal by the owner of the Code Enforcement Officer/Building Inspector's determination of abandonment or inoperability shall be filed with the Zoning Board of Appeals within 30 days of the Code Enforcement Officer/Building Inspector causing personal service or mailing, certified mail, his written determination, and the Board shall hold a hearing on same. The filing of an appeal does not stay the following time frame unless the Zoning Board of Appeals or a court of competent jurisdiction grants a stay or reverses said determination. At the earlier of the 366 days from the date of determination of abandonment or inoperability without reactivation or upon completion of dismantling and removal, any approvals for the solar energy system shall automatically expire.
(3)
Special use permit. A special use permit issued by the Town Board is required upon approval of the site plan and is subject to an annual review by the Town Board to ensure that all provisions listed herein are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation/violations.
(4)
Any changes or alterations post-construction to a large-scale energy system shall be done only by application to amend the site plan approval, subject to all requirements of this code.
K.
Application and annual fees. The fee for a large-scale solar energy system shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.
L.
Interpretation; conflict with other laws. In their interpretation and application, the provisions of this section shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. It is not intended to interfere with, abrogate, or annul other rules, regulations or laws, provided that whenever the requirements of this section are at a variance with the requirements of any other lawfully adopted regulations, rules or laws, the most restrictive, or those which impose the highest standards, shall govern.
M.
Severability. If any section, subsection, phrase, sentence, or other portion of this section is for any reason held invalid, void, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
[Added 3-9-2026 by L.L. No. 1-2026[1]]
A.
Title. This section shall be known and may be recited as the "Battery Energy Storage Systems Local Law of the Town of Pendleton."
B.
Purpose. The purpose of this section is to provide standards for the safe siting, installation, and operation of battery energy storage systems within the Town. The Town of Pendleton is primarily responsible for promoting the health, safety, and general welfare of its residents and the environmental quality of its lands. This section is designed to preserve and protect the quality of life and the quality of the environment within the borders of the Town by ensuring that battery energy storage systems are located, constructed, and operated in a manner that is compatible with surrounding land uses, protective of important natural resources, and consistent with the goals and policies of the Town's Comprehensive Plan.
C.
Authority. 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); sections §§ 261 through 263 of the Town Law and section § 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.
D.
Applicability. The provisions of this section shall apply to all battery energy storage systems permitted, installed, or modified within the Town of Pendleton after the effective date of this section, except for routine maintenance or general repair. Battery energy storage systems constructed or installed prior to the effective date of this section may continue to operate as they presently exist and shall not be required to comply with the requirements of this section. Any modification, retrofit, or replacement of an existing battery energy storage system that increases the system's designed discharge duration or power rating shall be subject to the standards and procedures set forth in this section.
E. ANSI BATTERY ENERGY STORAGE MANAGEMENT SYSTEM BATTERY ENERGY STORAGE SYSTEM(1) (2) BATTERY(IES) CELL COMMISSIONING DECOMMISSIONING DEDICATED-USE BUILDING(1) (2) (3) (4) (a) (b) ENERGY CODE FIRE CODE NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) NEC NFPA NON-DEDICATED-USE BUILDING NON-PARTICIPATING PROPERTY NON-PARTICIPATING RESIDENCE OCCUPIED COMMUNITY BUILDING PARTICIPATING PROPERTY UNIFORM CODE
Definitions. As used in this § 247-72A, 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.
One or more devices, assembled together capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 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 600 kWh and, if in a room or enclosed area, consist of only a single energy-storage system technology. The 600 kWh threshold corresponds to the capacity distinction adopted in the Fire Code of New York State (2025) and NFPA 855 (2026), which treat systems at or below this size as lower-risk installations suitable for reduced spacing, fire-protection, and engineering requirements.
Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage-battery technology in a room or enclosed area. Systems above 600 kWh fall within a higher-hazard category under FCNYS and NFPA 855 due to increased energy density, more complex thermal-runaway propagation dynamics, and the need for enhanced fire-safety engineering, separation distances, and emergency-response measures.
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 section, 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.
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.
F.
General requirements.
(1)
A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
(2)
Issuance of permits and approvals by the Town Board shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
(3)
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.
G.
Permitting requirements.
(1)
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.
(2)
Tier 2 Battery Energy Storage Systems shall be permitted only within the CO2 Medium Commercial, LI Light Industrial, and SLI Special Light Industrial Districts upon the issuance of a special use permit by the Town Board, following site plan approval by the Planning Board pursuant to § 247-54. Such systems shall be subject to the Uniform Code and the site plan application requirements set forth in this section. Tier 2 Battery Energy Storage Systems are not permitted by right or by special use permit in the R-1 and R-2 Residential Zoning Districts or the CO1 Light Commercial District.
H.
Applications for the installation of Tier 2 Battery Energy Storage System shall be:
(1)
Applications for Tier 2 Battery Energy Storage Systems shall constitute both a) an application for site plan approval to the Planning Board pursuant to § 247-54 and b) an application for a special use permit to the Town Board pursuant to § 247-16. The Town Board shall not act upon the special use permit application until site plan approval has been granted by the Planning Board. All submissions shall satisfy the requirements of this section and of §§ 247-16 and 247-54, as applicable.
(2)
Applications shall be reviewed by the Code Enforcement Officer for completeness. An application shall be complete when it addresses all matters required by this section, including but not limited to compliance with all applicable provisions of the Uniform Code and the Energy Code, and all application requirements relating to Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and Development, Special Use Permits and Development Standards, Ownership Changes, Safety, and Permit Time Frame and Abandonment. Applicants shall be advised within 10 business days of either a) completeness of the application or b) any deficiencies that must be addressed prior to substantive review.
(3)
All Tier 2 Battery Energy Storage Systems shall utilize modular battery energy storage system units that are UL 9540-certified and UL 9540A-tested. For purposes of this subsection, modular shall mean factory-built, self-contained units designed for independent installation in accordance with all applicable provisions of the Uniform Code and NFPA 855, including container/unit volume and spacing limitations. Field-assembled or custom-fabricated enclosures that do not meet these standards shall not qualify as modular units under this section.
(4)
A public hearing shall be held to receive comments for and against the application. Notice of such hearing shall be published in a newspaper of general circulation in the Town of Pendleton at least five days in advance of the hearing. The applicant shall deliver notice of the hearing by first-class mail to adjoining landowners or landowners within 400 feet of the subject property at least 10 days prior to the hearing. Proof of mailing shall be provided to the Planning Board at the hearing.
(5)
Applications shall be referred to the Niagara County Planning Board pursuant to General Municipal Law § 239-m, if required.
(6)
The Planning Board shall act upon the application within 62 days of the close of the public hearing, which action may include approval, approval with conditions, or denial; provided, however, that the 62-day period may be extended upon the consent of both the Planning Board and the applicant.
I.
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.
J.
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 24-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.
K.
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.
L.
Vegetation and tree-cutting. Areas within 30 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.
M.
Noise. The one-hour average noise generated from the battery energy storage system, its components, and associated ancillary equipment shall not exceed 60 dBA, as measured at the property boundary of any non-participating residence or at the property boundary of any occupied community building. Applicants shall submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant shall also provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the battery energy storage system perimeter or other appropriate measurement locations and shall demonstrate, through standard acoustical modeling and measurement methodologies, that noise levels at the applicable property boundary compliance point do not exceed 60 dBA.
N.
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 Pendleton, 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.
O.
Post-incident structural stabilization, cleanup, and environmental remediation.
(1)
Owner/operator responsibility.
(a)
In the event of fire, explosion, thermal-runaway event, release of hazardous materials, or any other catastrophic incident involving a battery energy storage system, the owner and/or operator shall be solely responsible for performing all necessary structural stabilization, partial or full demolition, debris removal, and environmental remediation required to return the site and any affected surrounding areas to safe and stable pre-incident conditions.
(2)
Structural stabilization and demolition.
(a)
The owner and/or operator shall promptly undertake all work necessary to:
(3)
Cleanup and removal of damaged BESS components.
(a)
Damaged, degraded, or compromised battery modules, racks, containers, wiring, inverters, associated electrical equipment, and any other BESS components shall be removed and disposed of in accordance with all applicable local, state, and federal solid and hazardous waste laws, including but not limited to:
(4)
Environmental remediation.
(a)
The owner and/or operator shall fully remediate all environmental damage resulting from the incident, including but not limited to:
[1]
Soil, groundwater, or surface-water contamination caused by battery breakdown products, extinguishing agents, fire suppression materials, or hazardous substances;
[2]
Chemical residues, particulates, vapors, or contaminated runoff; and
[3]
Removal and disposal of all contaminated soils, sorbents, absorbents, building materials, and personal protective equipment generated during response operations.
(5)
Post-incident reporting and plan submission.
(a)
Within 10 business days of an incident, the owner and/or operator shall provide the Town, the local fire department, and the Code Enforcement Officer with:
(6)
Financial assurance.
(a)
The decommissioning fund required under § 247-72AN(2) shall also serve as a financial assurance mechanism for post-incident structural stabilization, debris removal, and environmental remediation. The Town may draw upon the fund if the owner/operator fails to timely perform the required work.
(7)
Town authority.
(a)
If the owner and/or operator fails to complete post-incident stabilization, cleanup, or remediation within a time period determined by the Town, the Town may enter the property, perform such work as necessary to protect public health, safety, and the environment, and recover all associated costs from the owner and/or operator, including drawing upon any posted security.
P.
Site plan application. For a Tier 2 Battery Energy Storage System, site plan approval pursuant to § 247-54 shall be required in addition to a Special Use Permit pursuant to § 247-16. Any site plan application shall include the following information:
(1)
Property lines and physical features of the project site, including roads.
(2)
Proposed changes to the landscape, including grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(3)
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 overcurrent devices.
(4)
A preliminary equipment specification sheet documenting 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.
(5)
The name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the battery energy storage system. Information for the final system installer shall be submitted prior to the issuance of a building permit.
(6)
The name, address, phone number, and signature of the Applicant and of all property owners, demonstrating consent to the application and to the use of the property for the battery energy storage system.
(7)
The zoning district designation for all parcel(s) comprising the project site.
(8)
A Commissioning Plan documenting and verifying that the system and its associated controls and safety systems are in proper working condition in accordance with the Uniform Code. Where required by the Uniform Code, commissioning shall be conducted by a New York State Licensed Professional Engineer after installation but prior to final inspection and approval. A corrective action plan shall be developed for any issues permitted to remain open after commissioning. A report describing commissioning results and initial acceptance testing shall be provided to the Planning Board prior to final inspection and approval and maintained at an approved on-site location.
(9)
A Fire Safety Compliance Plan documenting and verifying that the system and its associated controls and safety systems comply with the Uniform Code.
(10)
An Operation and Maintenance Manual describing continuing maintenance and property upkeep, as well as design, construction, installation, testing, and commissioning information, consistent with all Uniform Code requirements.
(11)
Erosion and sediment control and stormwater management plans, prepared to New York State Department of Environmental Conservation standards, if applicable, and to such additional standards as may be established by the Planning Board.
(12)
Engineering documents signed and sealed by a New York State Licensed Professional Engineer prior to issuance of a building permit or final approval by the Planning Board, though not required at the time of initial application.
(13)
A Hazard Mitigation Analysis (HMA) and fire-risk assessment, developed at an early stage of design in accordance with NFPA 855 Annex G and the Fire Code of New York State (Chapter 12, Section 1207). Town officials or their designees shall participate in the process, with emphasis on the following issues:
(a)
A detailed analysis of available water supply for fire suppression and the intended suppression-system design, including capacity for at least two external fire hose streams for fire department use if intervention becomes necessary.
(b)
Emergency equipment availability.
(c)
Availability of operator supervision in a timely fashion during an emergency in accordance with the Uniform Code and any response-time requirements in this section.
(d)
Capability and required actions of local first responders.
(e)
Environmental considerations in the event of an emergency.
(f)
Maintenance of the HMA as a "living document," updated to reflect changes in operation, configuration, or response requirements.
(g)
A peer review of the Hazard Mitigation Analysis, including commentary on additional possible risks derived from review of engineering drawings, and refreshed post-installation to account for any changes made during construction.
(14)
Emergency operations plan. An Emergency Operations Plan shall be prepared and approved, and a copy shall be provided to the system owner, the local fire department, and the local fire code official. A permanent copy shall also be maintained in an approved on-site location 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, and isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injury, and procedures for safe start-up following the cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(c)
Procedures for responding to notifications from the Battery Energy Storage Management System, where provided, that may indicate potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing required notification to fire department personnel in the event of a system failure or potentially hazardous condition.
(d)
Emergency procedures to be followed in the event of fire, explosion, release of liquids or vapors, damage to critical components, or other dangerous conditions, including alarm activation, notification of the fire department, evacuation of personnel, de-energizing of equipment, and fire-control measures, as determined in consultation with the Fire Chief or local fire department and consistent with the Uniform Code, NFPA 855, and generally accepted industry practices.
(e)
Response considerations comparable to a safety data sheet (SDS) addressing responder safety, extinguishment, and hazard recognition where an SDS is not otherwise required.
(f)
Procedures for the safe handling, removal, and management of battery energy storage system equipment damaged in a fire or other emergency, including maintaining current contact information for personnel qualified to remove and secure damaged equipment.
(g)
Additional procedures determined necessary by the Town to provide, to the greatest extent practicable, maximum protection of the health, safety, and welfare of occupants, neighboring properties, and emergency responders.
(h)
Procedures and schedules for conducting drills and training on the Emergency Operations Plan, including training for local first responders on plan contents and appropriate response protocols.
(i)
Any additional information required by the Planning Board to ensure adequate protection of the public health, safety, and welfare.
Q.
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.
(a)
Clearances from residential property lines and adjacent components
[1]
Any self-contained unit shall be no less than 30 feet from any property line.
[2]
Distances between adjacent Tier 2 Battery Energy Storage System units shall be determined in accordance with UL 9540 certification, UL 9540A test data, and NFPA 855. A minimum clearance of three feet shall be provided unless a lesser separation is approved by the Town Board based on UL 9540A testing and UL 9540 certification. Clearance from associated electrical infrastructure shall be no less than 10 feet, unless otherwise permitted under NFPA 855 and the Uniform Code.
[3]
The site shall be easily accessible by construction and maintenance crews and shall accommodate firefighting apparatus and their required turning radii.
(b)
Clearance from sensitive receptors. Tier 2 Battery Energy Storage Systems shall maintain a minimum separation distance of 100 feet from any occupied community building, disaster response facility, critical environmental area, combustible storage facility, or similarly sensitive location, unless a greater distance is required by the Town Board based on site-specific conditions or UL 9540A test data.
(c)
Clearance from critical transportation infrastructure Tier 2 Battery Energy Storage Systems shall maintain a minimum separation distance of 100 feet from any critical transportation infrastructure, unless a greater distance is required by the Town Board based on site-specific conditions or UL 9540A test data.
(3)
Height. Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying zoning district.
(4)
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.
(5)
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.
R.
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 would be 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 section. The specific decommissioning fund provisions and requirements of Subsection N(2) above shall have the same force and effect upon any new owner or operator of the battery energy storage system.
S.
Safety.
(1)
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) or approved equivalent, with subcomponents meeting each of the following standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications),
(b)
UL 1642 (Standard for Lithium Batteries),
(c)
UL 1741 or UL 62109 (Inverters and Power Converters),
(d)
Certified under the applicable electrical, building, and fire prevention codes as required.
(e)
UL 9540-certified prefabricated equipment submitted prior to installation shall satisfy the system certification requirement. Where UL 9540 certification is not provided prior to installation, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations, and safety standards may be used as an alternative pathway to meet system certification requirements.
(f)
NFPA 855, Standard for the Installation of Stationary Energy Storage System, 2026 Edition.
T.
Site access. Battery energy storage systems shall be maintained in good condition and in accordance with all applicable codes and industry standards. Site access shall be maintained at all times, including snow and ice removal, to a level acceptable to the local fire department and, where applicable, the local ambulance corps.
(1)
Required working space clearances shall be maintained around all battery energy storage system components and ancillary equipment, and all electrical circuitry shall be contained within weatherproof enclosures bearing an environmental rating appropriate for the type of exposure, in compliance with NFPA 70.
U.
Permit time frame and abandonment.
(1)
The special use permit issued by the Town Board and the site plan approval granted by the Planning Board for a battery energy storage system shall be valid for an initial period of 24 months solely for purposes of construction, provided that a building permit is issued and construction is commenced. If construction is not completed in accordance with the final, approved site plan within 24 months, the Town Board may, in its discretion, grant extensions not to exceed an additional 12 months in total. In no event shall the total construction period exceed 36 months from the date of approval, and all approvals shall automatically expire at the end of the 36-month period if substantial construction has not been completed. Upon completion of construction and commencement of commercial operation, the special use permit shall thereafter be subject to annual review by the Town Board in accordance with the Town Code. Following each annual review, the Town Board may confirm compliance, impose reasonable conditions, establish a cure period for any violation, or revoke the special use permit for continued noncompliance.
(2)
A battery energy storage system shall be deemed abandoned when it ceases regular operation for a period exceeding one year. Upon abandonment, the owner and/or operator shall commence decommissioning in accordance with the approved decommissioning plan. If the owner and/or operator fails to comply, the Town may enter the property and utilize any bond and/or security to remove the Tier 2 Battery Energy Storage System and restore the site consistent with the decommissioning plan.
V.
Enforcement. 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 Pendleton zoning or land use regulations.
W.
Severability. 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.
[1]
Editor's Note: This local law also changed the title of the Article IX from "Cellular Telecommunications Facilities; Wind Energy Conversion Systems; Solar Energy Systems" to "Cellular Telecommunications Facilities; Wind Energy Conversion Systems; Solar Energy Systems; Battery Energy Storage Systems."