This battery energy storage system law is adopted to advance
and protect the public health, safety, welfare, and quality of life
of the Town of Evans by creating regulations for the installation
and use of battery energy storage systems, with the following objectives:
A. To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
B. To ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems;
C. To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources;
D. To mitigate negative impacts on the community's character as a waterfront
and rural community; and
E. To develop a policy that addresses the siting and development of
energy storage systems and ensures consistency with community input
as documented in the Comprehensive Plan.
As used in this article, 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 (BESS)
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 Type 1,
Type 2 or Type 3 battery energy storage system as follows:
A.
Type 1 (utility) battery energy storage systems include all
of the following:
(1)
Battery energy storage systems with an aggregate energy capacity
greater than 600 kwh that are not clearly considered a Type 2 or Type
3 BESS; and/or
(2)
Battery energy storage systems whose purpose is solely for energy
storage for the local utility grid/network.
B.
Type 2 (commercial) battery energy storage systems include all
the following:
(1)
Battery energy storage systems with an aggregate energy capacity
greater than 80 kwh but equal to or less than 600 kwh; and
(2)
Battery energy storage systems solely dedicated to providing
energy storage for the property on which it is located. Any sale of
excess energy to the local utility prohibited.
C.
Type 3 (residential/small Scale) battery energy storage systems
have an aggregate energy capacity less than or equal to 80 kwh and,
if in a room or enclosed area, consist of only a single-energy storage
system technology.
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 article, 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.
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 Building Code of New York State, 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 a battery energy storage
system, 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.
OCCUPIED COMMUNITY BUILDING
Any building in occupancy group A, B, E, I, or R as defined
in the Building Code of New York State, including but not limited
to schools, colleges, daycare 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.
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.
Type 1 battery energy storage systems are permitted through
the issuance of a special use permit within the General Industrial
(GI) District and shall be subject to the Uniform Code, the battery
energy storage system permit, and the site plan application requirements
as required for Type 2 BESS. Type 1 BESS shall be subject to the following
requirements:
A. Special use permit standards.
(1) Lot size. A Type 1 BESS shall not exceed a lot coverage ratio of
50% and shall be situated on a site no larger than 25 acres.
(2) Setbacks. Type 1 BESS shall be set back a minimum of 200 feet from
any property line. The facility shall be located no less than 300
feet from any public roadway.
(3) Height. The maximum height for a Type 1 BESS is 16 feet for outdoor
systems. For systems within a dedicated-use building, height limitations
for principal structures of the underlying zoning district shall apply.
(4) Fencing requirements. Type 1 BESS, including all mechanical equipment,
shall be enclosed by a fence with a minimum height of seven feet and
a self-locking gate to prevent unauthorized access unless housed in
a dedicated-use building and not interfering with ventilation or exhaust
ports and shall be satisfactory to the Code Enforcement Officer or
designee.
(5) Screening and visibility. Type 1 BESS 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.
The avoidance of tree removals to greatest extent practicable, shall
be identified by the applicant. Perimeter screening shall be of a
height at least as high as the battery storage cabinets within three
years, and the diversity, quantum, density and other features of the
site replanting plan be satisfactory to the Town Planning Board, and
the replantings shall be maintained during the life of the facility
at the applicant's expense. No direct sight line from any single-family
residence to the Type 1 battery energy storage system shall be permitted.
(6) 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.
Any aboveground utility poles placed shall be made available for co-location
by other utilities.
(7) Signage.
(a)
The signage shall be in compliance with ANSI Z535 and shall
include the type of technology associated with the battery energy
storage systems, any special hazards associated, the type of suppression
system installed in the area of battery energy storage systems, and
twenty-four-hour emergency contact information, including a reach-back
phone number.
(b)
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.
(8) 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.
(9) Vegetation and tree cutting. Areas within a minimum of 10 feet on
each side (including the front and rear) of BESS shall be cleared
of combustible vegetation and other combustible growth. Removal of
trees should be minimized to the extent possible. Landscaping and
vegetative screening shall be located outside of the ten-foot buffer
area and preferably outside of any fencing as noted below.
(10)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the outside
wall of any nonparticipating residence or occupied community building.
Applicants may submit equipment and component manufacturers noise
ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
(11)
Additional requirements and conditions may be imposed upon review
by a professional engineer qualified to review such systems.
B. Additional application requirements:
(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.
If the battery storage facility is developed in conjunction with a
utility-scale solar facility, the decommissioning plan may be included
within the solar facility documentation, but a separate plan and security
for each shall be established. 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, including any
recycling of the batteries;
(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. A bond and/or surety or other form of security,
acceptable to the Town Attorney, shall be required for all Type 1
utility BESS projects to cover the cost of the removal and site restoration.
Said proof of bond or security shall be filed with the Town prior
to issuance of a building permit and shall remain in force until decommissioning
and restoration is complete and satisfactory proof has been provided
to and approved by the Code Enforcement Office and Town Attorney.
Therefore, the bond must be renewed or replaced as necessary to account
for any changes in the total decommissioning cost with renewal/replacement
information provided to the Town. The bond must also be renewed, replaced
or transferred as necessary with any changes in ownership of the Type
1 utility BESS. Any remaining security available after full removal
and restoration of the site, to the satisfaction of the Town, will
be returned to the applicant or any subsequent owner. All costs of
the financial security shall be borne by the applicant.
Type 2 BESS are permitted within the Light Industrial (LI),
General Industrial (GI), Agriculture and Open Space (A-OS), Rural
Agricultural (R-A), and General Business (GB) Districts, as well as
the Multifamily Residential Districts (MFR-3, MFR-4, MFR-5), subject
to site plan review. Systems will be subject to the Uniform Code,
the battery energy storage system permit, and site plan requirements
as set below:
A. Site plan requirements. In addition to the general requirements for a site plan application and review in §
200-42 of the Zoning Code, any site plan application shall include the following additional information:
(1) Property lines and physical features, including roads, for the project
site.
(2) Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3) A one- or three-line (as determined by the Code Enforcement Officer)
electrical diagram detailing the battery energy storage system layout,
associated components, and electrical interconnection methods, with
all National Electrical Code compliant disconnects and over-current
devices.
(4) A preliminary equipment specification sheet that documents the proposed
battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(5) Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the battery energy storage
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(6) Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the battery energy
storage system.
(7) Zoning district designation for the parcel(s) of land comprising
the project site.
(8) Commissioning plan. Such plan shall document and verify that the
system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, battery energy
storage system commissioning shall be conducted by a New York State
(NYS) licensed professional engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Code Enforcement Officer prior to final inspection and approval
and maintained at an approved on-site location.
(9) Acceptance testing required in the Uniform Code shall be provided
to the Code Enforcement Officer prior to final inspection and approval
and maintained at an approved on-site location.
(10)
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.
(11)
System and property 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. The following elements shall also be
addressed:
(a)
Fencing requirements. Type 2 battery energy storage systems,
including all mechanical equipment, shall be enclosed by a fence with
a minimum height of seven feet, and a self-locking gate to prevent
unauthorized access unless housed in a dedicated-use building and
not interfering with ventilation or exhaust ports.
(b)
Screening and visibility. Type 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.
(c)
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.
(d)
Signage. The signage shall be in compliance with ANSI Z535 and
shall include the type of technology associated with the battery energy
storage systems, any special hazards associated, the type of suppression
system installed in the area of battery energy storage systems, and
twenty-four-hour emergency contact information, including a reach-back
phone number. 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.
(e)
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.
(f)
Vegetation and tree cutting. Areas within a minimum of 10 feet
on each side (including the front and rear) of BESS shall be cleared
of combustible vegetation and other combustible growth. Removal of
trees should be minimized to the extent possible. Landscaping and
vegetative screening shall be located outside of the ten-foot buffer
area and preferably outside of any fencing as noted below.
(g)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the outside
wall of any nonparticipating residence or occupied community building.
Applicants may submit equipment and component manufacturers noise
ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
(12)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(13)
Prior to the issuance of the building permit, engineering documents
must be signed and sealed by a NYS licensed professional engineer.
(14)
Emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner, the local Fire
Department, and local fire code official. A permanent copy shall also
be placed in an approved location to be accessible to facility personnel,
fire code officials, and emergency responders. The emergency operations
plan shall include the following information:
(a)
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(c)
Procedures to be followed in response to notifications from
the battery energy storage management system, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service 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.
Type 3 battery energy storage systems shall be permitted in
all zoning districts, as an accessory use, subject to the Uniform
Code, and exempt from site plan review. A building permit is required.
A. All Type 3 BESS shall only be installed in side or rear yards and
appropriately screened from neighboring views.
B. All Type 3 BESS shall meet the minimum lot size and standard setbacks
in the zoning district for accessory structures.
C. Heights are limited to 6.5 feet for any external battery energy storage
systems.
The Town Board of the Town of Evans is hereby authorized to
adopt a fee schedule for application and permit fees for all BESS.
Such fee schedule is to be adopted by Town Board resolution, with
authority to amend the fee schedule from time to time by Town Board
resolution.
A. Applicants shall pay all costs associated with the Town of Evans
review and processing of the application. Should a third-party professional
be utilized by the Town of Evans to review and process the application,
the applicant will be responsible for all costs associated with such
services. The applicant shall submit a deposit with the application
in the amount as determined by resolution by the Town Board. The Town
of Evans may require additional deposits to cover the costs of reviewing
and processing the application. Such additional deposits, if requested,
shall be promptly submitted by the applicant. Following action on
the application, any unused amount of the deposit(s) shall be returned
to the applicant with a summary of the costs incurred.
B. Type 1 and Type 2 BESS will be subject to a special use permit and
site plan application fees.
C. Type 3 BESS will be subject to building permit fees.
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 zoning or land use regulations
of the Town.
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.