[HISTORY: Adopted by the Town Board of the Town of Catskill 3-15-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
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 261-263 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.
This Battery Energy Storage System Law is adopted to advance
and protect the public health, safety, welfare, and quality of life
of the Town by creating regulations for the installation and use of
battery energy storage systems, with the following objectives:
A.
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
B.
To ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems;
C.
To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
D.
To create synergy between battery energy storage system development
and other stated goals of the community as reflected in the Town Code.
As used in this chapter, 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 standalone twelve-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.
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.
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.
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 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 International Building Code, and complies
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 system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain 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 Electric 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.[1]
A.
The requirements of this chapter shall apply to all battery energy
storage systems permitted, installed, or modified in Town after the
effective date of this chapter, excluding general maintenance and
repair.
B.
Battery energy storage systems constructed or installed prior to
the effective date of this chapter shall not be required to meet the
requirements of this chapter.
C.
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration or power rating shall be subject
to this chapter.
A.
A building permit and an electrical permit shall be required for
installation of all battery energy storage systems.
B.
Issuance of permits and approvals by the Planning 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")].
C.
All battery energy storage systems, all dedicated-use buildings,
and all other buildings or structures that: 1) contain or are otherwise
associated with a battery energy storage system; and 2) are subject
to the Uniform Code and/or the Energy Code shall be designed, erected,
and installed in accordance with all applicable provisions of the
Uniform Code, all applicable provisions of the Energy Code, and all
applicable provisions of the codes, regulations, and industry standards
as referenced in the Uniform Code, the Energy Code, and the Town Code.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts, subject to the Uniform Code and the "Battery
Energy Storage System Permit," and exempt from site plan review.
Tier 2 battery energy storage systems are permitted through
the issuance of a special use permit within Industrial, and shall
be subject to the Uniform Code and the site plan application requirements
set forth in this section.
A.
Applications for the installation of Tier 2 battery energy storage
system shall be:
(1)
Reviewed by the Code Enforcement/Zoning Enforcement Officer for completeness.
An application shall be complete when it addresses all matters listed
in this chapter including, but not necessarily limited to: i) compliance
with all applicable provisions of the Uniform Code and all applicable
provisions of the Energy Code; and ii) matters relating to the proposed
battery energy storage system and floodplain, utility lines and electrical
circuitry, signage, lighting, vegetation and tree-cutting, noise,
decommissioning, site plan and development, special use and development,
ownership changes, safety, and permit time frame and abandonment.
Applicants shall be advised within 10 business days of the completeness
of their application or any deficiencies that must be addressed prior
to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town shall have a notice
printed in a newspaper of general circulation in the Town at least
five days in advance of such hearing. Applicants shall have delivered
the notice by first class mail to adjoining landowners or landowners
within 300 feet of the property at least 15 days prior to such a hearing.
Proof of mailing shall be provided to the Planning Board at the public
hearing.
(3)
Referred to the County Planning Department pursuant to General Municipal
Law § 239-m if required.
(4)
Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the reviewing board and
applicant.
B.
Utility lines and electrical circuitry. All on-site utility lines
shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
C.
Signage.
(1)
The signage shall be in compliance with ANSI Z535 and shall include
the type of technology associated with the battery energy storage
systems, any special hazards associated, the type of suppression system
installed in the area of battery energy storage systems, and twenty-four-hour
emergency contact information, including reach-back phone number.
(2)
As required by the NEC, disconnect and other emergency shutoff information
shall be clearly displayed on a light reflective surface. A clearly
visible warning sign concerning voltage shall be placed at the base
of all pad-mounted transformers and substations.
D.
Lighting. Lighting of the battery energy storage systems shall be
limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
E.
Vegetation and tree-cutting. Areas within 10 feet on each side of
Tier 2 battery energy storage systems shall be cleared of combustible
vegetation and other combustible growth. Single specimens of trees,
shrubbery, or cultivated ground cover such as green grass, ivy, succulents,
or similar plants used as ground covers shall be permitted to be exempt
provided that they do not form a means of readily transmitting fire.
Removal of trees should be minimized to the extent possible.
F.
Noise. The one-hour average noise generated from the battery energy
storage systems, components, and associated ancillary equipment shall
not exceed a noise level of 60 dBA as measured at the outside wall
of any nonparticipating residence or occupied community building.
Applicants may submit equipment and component manufacturers noise
ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
G.
Landscaping as necessary to minimize roadside or neighbor visibility.
H.
Fire suppression materials shall be nontoxic.
I.
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,
in a form approved by the Town for the removal of the battery energy
storage system, in an amount to be determined by the Town, 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.
J.
Site plan application. For a Tier 2 battery energy storage system
requiring a special use permit, site plan approval shall be required.
Any site plan application shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
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 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/Zoning Enforcement Officer prior to final
inspection and approval and maintained at an approved on-site location.
(9)
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.
(10)
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as
well as design, construction, installation, testing and commissioning
information and shall meet all requirements set forth in the Uniform
Code.
(11)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(12)
Prior to the issuance of the building permit or final approval by
the Planning Board, but not required as part of the application, engineering
documents must be signed and sealed by a NYS licensed professional
engineer.
(13)
Emergency operations plan. A copy of the approved emergency operations
plan shall be given to the system owner, the local fire department,
and local fire code official. A permanent copy shall also be placed
in an approved location to be accessible to facility personnel, fire
code officials, and emergency responders. The emergency operations
plan shall include the following information:
(a)
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe 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.
K.
Special use permit standards.
(1)
Setbacks. Tier 2 battery energy storage systems shall comply with
the setback requirements of the underlying zoning district for principal
structures.
(2)
Height. Tier 2 battery energy storage systems shall comply with the
building height limitations for principal structures of the underlying
zoning district.
(3)
Fencing requirements. Tier 2 battery energy storage systems, including
all mechanical equipment, shall be enclosed by a eight-foot-high fence
with a self-locking gate to prevent unauthorized access unless housed
in a dedicated-use building and not interfering with ventilation or
exhaust ports.
(4)
Screening and visibility. Tier 2 battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using architectural features, earth berms, landscaping,
or other screening methods that will harmonize with the character
of the property and surrounding area and not interfere with ventilation
or exhaust ports.
L.
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/Zoning
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/Zoning 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/Zoning
Enforcement Officer in the required time frame. Reinstatement of a
void special use permit will be subject to the same review and approval
processes for new applications under this chapter.
A.
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 (standard for battery energy storage systems and equipment) or
approved equivalent, with subcomponents meeting each of the following
standards as applicable:
(1)
UL 1973 (standard for batteries for use in stationary, vehicle auxiliary
power and light electric rail applications);
(2)
UL 1642 (standard for lithium batteries);
(3)
UL 1741 or UL 62109 (inverters and power converters);
(4)
Certified under the applicable electrical, building, and fire prevention
codes as required;
(5)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 (or approved equivalent) and applicable
codes, regulations and safety standards may be used to meet system
certification requirements.
B.
Site access. Battery energy storage systems shall be maintained in
good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal at a level acceptable
to the local fire department and, if the Tier 2 battery energy storage
system is located in an ambulance district, the local ambulance corps.
C.
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
A.
The special use permit and site plan approval for a battery energy
storage system shall be valid for a period of 24 months, provided
that a building permit is issued for construction and/or construction
is commenced. In the event construction is not completed in accordance
with the final site plan, as may have been amended and approved, as
required by the Planning Board, within 24 months after approval, Planning
Board may extend the time to complete construction for 180 days. If
the owner and/or operator fails to perform substantial construction
after 30 months, the approvals shall expire.
B.
The battery energy storage system shall be considered abandoned when
it ceases to operate consistently for more than one year. If the owner
and/or operator fails to comply with decommissioning upon any abandonment,
the Town may, at its discretion, enter the property and utilize the
available bond and/or security for the removal of a Tier 2 battery
energy storage system and restoration of the site in accordance with
the decommissioning plan.
Any violation of this Battery Energy Storage System Law shall
be subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of Town.[1]
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.
