This chapter is adopted pursuant to §§ 261 through
263 of the Town Law and § 20 of the Municipal Home Rule
Law of New York State (NYS), which authorize the Town to adopt zoning
provisions that advance and protect the health, safety and welfare
of the community and, in accordance with NYS Town Law, "to make provision
for, so far as conditions may permit, the accommodation of battery
energy storage systems and equipment."
This chapter is adopted to advance and protect the public health,
safety and welfare of the Town by creating regulations for the installation
and use of battery energy storage systems and equipment.
As used in this chapter, the following terms shall have the
meanings indicated:
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
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.
BATTERY ENERGY STORAGE SYSTEM
A system consisting of electrochemical storage batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment designed to provide electrical power capable
of storing energy in order to supply electrical energy at a future
time, not to include a stand-alone twelve- and twenty-four-volt vehicle
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:
A.
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
B.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
BATTERY(IES)
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this chapter, batteries utilized in consumer products are excluded
from these requirements.
CELL
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
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.
DECOMMISSIONING
A formalized plan submitted at the time of submission of
a site plan to ensure proper and complete removal of a battery energy
storage system and restoration of the property.
DEDICATED-USE BUILDING
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the Uniform Building Code, and complies with
the following:
A.
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
B.
No other occupancy types are permitted in the building.
C.
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 system and other energy
systems.
D.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage systems,
provided the following:
(1)
The areas do not occupy more than 10% of the building area of
the story in which they are located.
(2)
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.
ENERGY CODE
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.
FIRE CODE
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.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
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.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
NON-DEDICATED-USE BUILDING
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements identified
in this chapter.
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, R, as defined
in the Uniform 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.
PARTICIPATING PROPERTY
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.
SPECIAL FLOOD AREA/FLOODPLAIN
The land area covered by the floodwaters of the base flood
is the special flood hazard area (SFHA) on NFIP maps. The SFHA is
the area where the National Flood Insurance Program's (NFIP's)
floodplain management regulations must be enforced and the area where
the mandatory purchase of flood insurance applies.
UL
Underwriters Laboratory, an accredited standards developer
in the U.S.
UNIFORM CODE
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.
The Code Enforcement Officer is authorized to issue stop-work
orders pursuant to this section. The Code Enforcement Officer shall
issue a stop-work order to halt:
A. Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, the Zoning Code or any other general or local laws, ordinances, rules
or regulations, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether
a building permit has or has not been issued for such work;
B. Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
C. Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
If any of the provisions of this chapter are found to be in
conflict with other provisions of this Code, the provisions of this
chapter shall be controlling.
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.
If a permit for a Tier 1 or Tier 2 battery energy storage system
is denied because of a conflict with other laws, including zoning
laws of the Town, the applicant may appeal to, or apply for relief or a
variance from, the Zoning Board of Appeals, which shall regard battery
energy storage as a factor to be considered, weighed and balanced
along with other factors, including the statutory factors for variances.
Fee schedules for the battery energy storage system shall be
applicable as follows:
Project Size
(kWh)
|
Application Fee
|
---|
80 or less
|
$125
|
81 to 200
|
$300
|
201 to 400
|
$450
|
401 to 600
|
$600
|
601 to 800
|
$750
|
801 to 999
|
$900
|
1,000 +
|
$1,000 for the first 1,000 kWh, plus an additional $50 per each
additional 100 kWh
|
This chapter shall take effect immediately upon filing in the
office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.