A.
Authority. This moratorium is adopted pursuant to: the New York State Constitution, Article IX, § 2(c)(6) and (10); the New York Statute of Local Governments, Article 2, § 10, Subdivisions I and 7; Town Law §§ 261 through 263; and New York State Municipal Home Rule Law § 10. In particular, this article shall supersede those provisions of the Town Code and New York State Law which require the Town Board, Planning Board, and/or Zoning Board of Appeals to accept, process, and/or approve applications for the development of Battery Energy Storage Systems ("BESS") within specified statutory time periods.
B.
Legislative intent. This section is adopted to impose a six-month moratorium on the acceptance and review of applications and the issuance of permits and/or approvals for Battery Energy Storage Systems. The Town of Harrison recognizes that BESS are a key component to the viability and promotion of renewable energy sources. However, since the technology of these systems is still in its infancy, there is a significant amount of recent public concern about the potentially volatile nature of lithium-ion batteries. Therefore, the Town Board, Planning Board, and Zoning Board of Appeals need additional information and assurances about the safety of these types of facilities, including, but not limited to, best practices for fire suppression and emergency response, ensuring the technology and availability of equipment necessary for the Town's local fire departments, police department and EMS services should a fire occur, precautions to take related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of location and other standards for siting these facilities. Given these concerns and the current lack of relevant data and information on this issue, it is necessary for the Town Board to enact a six-month moratorium on the acceptance and review of applications and the issuance of permits and/or approvals for BESS while these issues are further considered and the Code is adequately revised to address any outstanding concerns.
C. BATTERY ENERGY STORAGE SYSTEM
MORATORIUM MORATORIUM PERIOD
Definitions.
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, Tier 2, or Tier 3 battery energy storage system as follows:
(1) | Tier 1 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. All Tier 1 battery energy storage systems located on residential properties shall comply with the Residential Code of New York State. |
(2) | Tier 2 battery energy storage systems have an aggregate energy capacity between 81 and 600 kWh or are comprised of more than one energy storage system technology in a room or enclosed area. |
(3) | Tier 3 battery energy storage systems have an aggregate energy capacity greater than 600 kWh and, if in a room or enclosed area, consist of only one energy storage system technology. |
No new permit, land use application, or request for the development of BESS shall be accepted or reviewed, nor shall any pending applications continue to be processed or decided by the Town Board, the Planning Board, or the Zoning Board of Appeals, or any other agency, department, or office of the Town of Harrison during the moratorium period. No building permit, BESS permit, or Planning Board special permit for BESS shall be issued by the Town Board, the Planning Board, the Zoning Board of Appeals, or any other agency, department, or office of the Town of Harrison during the moratorium period.
The moratorium period shall be in effect for a period of six (6) months following the effective date of this section. Following the moratorium period, this section shall be without further force and effect unless the moratorium period is extended by a Town Board resolution.
D.
Compliance with SEQRA. Pursuant to 6 NYCRR Section 617.5(c)(36), the imposition of a six-month moratorium is a Type II action, and therefore no further SEQRA review is required.
E.
Enforcement. Any violation of the moratorium 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 Harrison.
F.
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this section, as declared by the valid judgment of any court of competent jurisdiction, 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.
G.
Effective date. This Local Law shall take effect immediately upon filing with the Secretary of State.