[Added 11-10-2021 by L.L. No. 4-2021]
This article 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); Section 10 of the State of New York, which authorize the Town of Barre to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
This article is adopted to advance and protect the public health,
safety, welfare, and quality of life of the Town of Barre 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
consistent to its Comprehensive Plan.
As used in this article, 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 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 600kWh 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 600kWh 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 article, 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.
Fences and screenings are not considered a permanent structure.
The New York State Energy Conservation Construction Code adopted pursuant to Article II 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.
Real property not under lease or other use agreement with
an energy storage system company.
Any structure regularly occupied by a person or persons located
on real property not under lease to or other use agreement with, an
energy storage system company.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, daycare facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
Any structure regularly occupied by a person or persons located
on real property under lease to, or other use agreement with, a battery
energy storage system.
For the purposes of this article shall means the Town of
Barre Planning Board.
A meeting announced and advertised in advance, and open to
the public, with the public given an opportunity to talk, participate
and express their opinions, support or concerns.
The required minimum distance from the property line to the
nearest part of the structure measured at the right angles to the
property line within which a battery energy storage system is installed.
The Barre Town Board.
Underwriters Laboratory, an accredited standards developer
in the US.
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.
The requirements of this article shall apply to all battery energy
storage systems permitted, installed, or modified in the Town of Barre
after the effective date of this article, excluding general maintenance
and repair.
B.
Battery energy storage systems constructed or installed prior to
the effective date of this article shall not be required to meet the
requirements of this article.
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 article.
A.
A building permit and an electrical inspection shall be required
for installation of all battery energy storage systems.
B.
Issuance of a special use permit and approval by the Barre Town Board
shall include review pursuant to the State Environmental Quality Review
Act (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) 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 Barre
Town Code. Notifications will be given to the Barre Town CEO, the
Barre Town Board, and the Orleans County Office of Emergency Management.
D.
Storage systems shall have a maximum lot (parcel) coverage of 75%.
Maximum lot size shall not exceed one acre subject to other setback
requirements.
E.
Storage systems shall be inspected by a New York State licensed professional
engineer prior to obtaining a certificate of operation. Each USSES
shall be inspected annually, or at any time that the Town Building
Inspector has determined that damage may have occurred, by an NYSPE
and a copy of the inspection report shall be submitted to the Town
Building Inspector.
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. Quarterly
operational reports of the battery energy storage system will be required
in writing to the Town Board.
Tier 2 battery energy storage systems are permitted through
the issuance of a special use permit within the Agriculture/Residential
(A/R) zoning districts, 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
systems shall be:
(1)
Reviewed by the Town Planning Board for completeness. An application
shall be complete when it addresses all matters listed in this article
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,
ownership changes, safety, and permit time frame and abandonment.
Applicants shall be advised within 10 business days (of the first
Planning Board meeting on the application) 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 Barre Town Board with recommendation of the Town
Planning Board shall have a notice printed in a newspaper of general
circulation in the town at least 10 days in advance of such hearing.
Applicants shall have delivered the notice by first class mail to
adjoining landowners or landowners within 500 feet of the property
at least 10 days prior to such a hearing. Proof of mailing shall be
provided to the Town Board at the public hearing.
(3)
Referred to the Orleans County Planning Department pursuant
to General Municipal Law § 239-m if required.
(4)
Quarterly operation reports of the battery energy storage system
will be required in writing to the Town Board.
(5)
Upon closing of the public hearing, the Town 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 Town 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 casements 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 downeast 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 monthly during the growing
season. 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 40 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.
Decommissioning.
(1)
The anticipated life of the battery energy storage system shall
be included in the application.
(2)
The following requirements shall be met for decommissioning:
(a)
A storage system which has been inactive for a period of six
months shall be removed at the owners' or operators' expense
within six months of the date of expiration of the six-month period.
(b)
All aboveground and below-ground equipment, conduits, structures,
fencing and foundations shall be removed from the site to a depth
of at least three feet below grade.
(c)
The site shall be restored to as natural a condition as possible
within six months of the removal of all equipment, structures, and
foundations. Such restoration shall include, where appropriate, restoration
of the surface grade and soil after removal of all equipment and revegetation
of restored soil areas with native seed mixes.
(d)
Disposal of all solid and hazardous waste shall be in accordance
with local, state, and federal waste disposal regulations.
(e)
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.
(3)
Decommissioning costs shall be determined by an independent
professional engineer during the application for the battery storage
unit(s) excluding salvage value. The Town Board shall, as a condition
of approval, require the posting of a removal bond of the storage
unit(s). For the life of the battery storage system, the applicant
or its successors or assigns, shall continuously maintain a bond or
other appropriate form of financial security that is acceptable to
the Town and payable to the Town. The bond shall be maintained during
the life of the project at 125% of the decommissioning cost. The value
of the bond shall be renewed annually and increasing by 2.5% for inflation.
The bond shall be reviewed and redetermined every five years with
a minimum value of 125% of the estimated decommissioning cost. All
expenses or costs of establishing or maintaining financial assurance
shall be borne solely by the applicant, or its successors or assigns.
The applicant shall provide proof of compliance with the bond requirement
upon request of the Town. The decommissioning plan shall be reduced
to a decommissioning agreement between the Town and applicant/operator.
H.
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)
An electrical line 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 Town Code Enforcement Officer who will forward to the Town
Board after review, prior to final inspection and approval. A copy
will be maintained at an approved on-site location and at the Town
Hall.
(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 storm water management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(12)
Prior to the issuance of the building permit or final approval
by the Town Board with recommendation of 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, local fire code official, Office of the Emergency Management,
the Town Code Enforcement Officer and at the Town Hall. A permanent
copy shall also be placed in an approved location to be accessible
to facility personnel, fire code officials, emergency responders and
the Town Code Enforcement Officer. The emergency operations plan shall
include the following information:
(a)
Procedures for safe shutdown, deenergizing, 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, deenergizing
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 of Barre
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.
I.
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 of 20 feet.
(3)
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. However, the Town Board shall have the discretion
to vary or eliminate this requirement where appropriate.
(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 interfering
with ventilation or exhaust ports.
J.
Ownership/operator 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 immediately
notify in writing the Town Code Enforcement Officer who will forward
a copy to the Town Board after review, of such change in ownership
or operator within 30 days of the ownership/operator change. The special
use permit and all other local approvals for the battery energy storage
system will be void if a new owner or operator fails to provide written
notification to the Code Enforcement Officer who will forward to the
Town Board after review, 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 article.
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, the Orleans County Office of Emergency
Management and the local ambulance service.
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 12 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 Town Board, within 12 months after approval, the Town
of Barre may extend the time to complete construction for 180 days.
If the owner and/or operator fails to perform substantial construction
after 24 months, the approvals shall expire.
B.
The battery energy storage system shall be considered abandoned when
it ceases to operate consistently for more than six months, with quarterly
maintenance and operation reports of the battery energy storage system
to be provided in writing to the Town Board and the Town Code Enforcement
Officer. If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town of Barre 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 article 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 of Barre.
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. Notwithstanding any other abatement provision under this article,
if the battery energy storage system is not repaired or made operational,
or brought into special use permit compliance after notice and within
the time limitations set forth above, the Town may, after a public
meeting at which the operator or owner shall be given an opportunity
to be heard and present evidence, including a plan to come into compliance,
(1) order either remedial action within a particular time frame, or
(2) order revocation of the special use permit and require the removal
of the battery energy storage system and shall have the right to use
the security posted as part of the decommission plan for the removal.
Violations of this section are subject to a maximum fine of
$250 per day, each day of violation is a separate offense.
A.
If a person is found to be in violation of the provisions of this
article, appeals may be made to the Zoning Board of Appeals in accordance
with the established procedures and time limits of the Town of Barre
Code and New York State Town Law.
B.
If a building permit for a battery energy storage system is denied
based upon a failure to meet requirements of this article, the applicant
may seek relief from the Zoning Board of Appeals in accordance with
the established procedures and time limits of the Town of Barre Code
and New York State Town Law.
The fees for all building permits required pursuant to this
article shall be paid at the time of each building permit application
pursuant to the Fee Schedule of the Town of Barre.
This article is hereby adopted pursuant to the provisions of
RPTL § 487, § 10 of the New York State Municipal
Home Rule Law and § 10 of the New York State Statute of
Local Governments. It is the intent of the Town Board to supersede
any provisions of the New York State Law to the extent that they may
be inconsistent with the provisions of this article.
This article shall take effect immediately upon filing in the
Office of the New York State Secretary of State in accordance with
Section 27 of the Municipal Home Rule Law.
The Town hereby exercises its right to opt out of the tax exemption
provisions of the Real Property Tax Law § 487, pursuant
to the authority granted by Subdivision 8 of that law.
The applicant for a battery energy storage system shall enter
into a host community agreement with the Town. The applicant or its
successors shall be required to pay the Town a host community fee
annually to compensate the Town for expenses or impacts on the additional
agreements with the applicant as may be necessary to protect the Towns
and its citizens interest (e.g., separate road use and maintenance
agreement or decommissioning agreement). The host community fee shall
be in addition to any payment in lieu of taxes which may be authorized
to be collected by the Town pursuant to Section 487 of the Real Property
Tax Law of the State of New York. The amount of the host community
fee will be determined by the Town Board from time to time but not
more frequently than annually.
The Town shall require any applicant to enter into as escrow
agreement to pay the engineering environmental review and legal costs
of any application review, including but not limited to the review
required by SEQRA. All such fees shall be negotiated and determined
prior to the approval and issuance of a special use permit for a battery
energy storage system.
A.
Routine inspection report. An inspection report prepared by an independent
professional engineer licensed in the State of New York shall be required
at the completion of the installation of the battery energy storage
system. Said inspection report shall certify the battery energy storage
system and any portion thereof complies with all manufacturing specifications
and any and all rules, regulations and statues pertaining thereto.
Said inspection report shall be filed with the Code Enforcement Officer
and the Town Clerk.
B.
Insurance; liability. Prior to the issuance of a building permit
regarding an approved battery energy storage system, the applicant
shall file with the Town proof, in the form of a duplicate insurance
policy or a certificate issued by an insurance company, of liability
insurance in a reasonable level as determined by the Town Board in
consultation with the Town's insurer, guided by industry standards,
to cover damage or injury which might result from the battery energy
storage system or any portion thereof. Such liability insurance shall
also name the Town and the current property owner of record as an
additional insured, unless said property owner waives such coverage
in writing.
