[Added 6-10-2025 by L.L. No. 22-2025]
A. 
The Town Board of the Town of Southampton hereby finds and declares it to be the public policy of the Town to minimize the hazards, environmental impacts, and visual impacts of battery energy storage systems (BESS) in the process of helping to achieve the green energy transition, provide an adequate energy supply to the citizenry, increase the resiliency of the electrical transmission system, and reduce fossil fuel dependence and the associated production of harmful greenhouse gas emissions.
B. 
The Town further recognizes the goals of the 2019 New York State Climate Leadership and Community Preservation Act as well as the Town's Comprehensive Plan documents ("Sustainable Southampton 400+" and "Southampton Climate Action Plan") which require the Town to take action on developing a long-term and comprehensive energy plan that supports improvements to the electrical grid infrastructure. The Long Island Power Authority estimates that by 2030 more than half of the energy used could come from renewable sources, making battery storage critically essential to a successful transition to a clean energy future.
C. 
It is intended that this article be enacted to further a comprehensive approach and tiering system which shall regulate BESS equipment/facilities throughout the Town of Southampton and provide clear guidance for the desired locations for installation of utility scale (over 600 kWh) up to 5 MW BESS facilities on Industrially Zoned lands. This is necessary in order to streamline local emergency management, maintain spatial separation from residences/occupied community building(s), and facilitate interconnection with the existing transmission and distribution infrastructure of the Long Island Power Authority electrical grid.
D. 
Fire incidents at battery storage facilities have highlighted the need to adequately address fire safety, including measures to prevent and respond to battery storage fires. The Town Board has considered the draft findings of the New York State Interagency Fire Safety Working group, last released in July of 2024 and the proposed amendments to the 2024 NYS Uniform Code (March 19, 2025 New York Department of State Proposed Rule Making) and will incorporate recommendations such as mandatory peer review; alternative explosion controls; certification of fire mitigation personnel; enhanced signage; full-time network operation monitoring; video surveillance; regimented training for first responders; refined parameters for fire alarm triggering; special inspections; root cause analysis; proper usage of water to extinguish Li-ion fires; and distances to oil-insulated transformers. Such recommendations in final form and any adopted amendments thereto per Subsection G shall be incorporated by reference herein.
E. 
Although the Town Board is including the best practices identified by the working group, the fact remains that the Town of Southampton is relatively isolated on the eastern end of Long Island with only two roadways serving as coastal evacuation routes. The Town is empowered to regulate and restrict the development and use of property for the purpose of promoting the health, safety, morals, and general welfare of the community. Restricting land uses that may result in extensive disaster losses is an important objective, especially in locations that are in close proximity to existing residences, occupied community buildings or any other location that may significantly impact the safety, welfare, and unique environmental attributes of the community.
F. 
To ensure the safety of our citizenry, the Town Board finds that utility scale battery energy storage is not appropriate as a land use in residential zones. In order to balance safety with the need for some local renewable energy storage, the Board finds that the appropriate location for battery storage above 600 kWh to a maximum of five megawatts (MW) is only permissible within existing Light Industrial (LI-40, LI-200) zones of the Town. Establishing an upper threshold limitation of five megawatts is considered a practical and necessary first step to allow for the gradual introduction of battery storage technology.
G. 
To ensure that the Battery Energy Storage Systems are designed, installed, operated, and maintained to the most rigorous standards and codes, the most current New York State Uniform Code, International Building Code, National Electric Code, International Fire Code, National Fire Protection Association standards, Underwriters Laboratory Testing standards, and the International Electro-technical Commission standards for Battery Energy Storage Systems, as may be amended from time to time will be incorporated by reference herein.
H. 
Battery energy storage systems have a wide variety of designs and underlying chemistries. Lithium-ion batteries are the dominant electrochemical grid energy storage technology because of their extensive development history in consumer electronics and electric vehicles. Characteristics such as high energy density, high power, high efficiency, and low self-discharge have made them suitable for many grid applications. The Town recognizes that energy storage systems are continually being improved upon through technological advances and innovation. To ensure that a BESS battery technology and equipment design has a proven track record, permitting will be restricted to battery energy storage systems that have been deployed elsewhere.
AUGMENTATION
The process of supplementing or replacing some or all of the system components to maintain the nameplate capacity.
BATTERY MANAGEMENT SYSTEM (BMS)
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. A host network operations center (NOC) or remote operations center (ROC) that is staffed 24/7 shall monitor the system and immediately communicate critical failure notifications.
BEHIND THE METER (BTM)
A term used to describe energy generation or storage systems that are located on the customer's side of the utility meter, typically used for-on-site load consumption or backup power, and potentially providing grid support services through demand response or net metering programs.
CABINET
A small-to medium-sized storage enclosure designed for the housing of battery cells. Resembles a commercial-sized refrigerator. Personnel are not able to enter the enclosure other than reaching in to access components for maintenance purposes.
CERTIFICATE OF APPROVAL
A list of energy storage systems, approved by the Fire Department Bureau of Fire Prevention, New York City, that have demonstrated compliance with energy systems national and state codes and standards. The equipment includes manufacturer, product name, model number, certificate numbers, and expiration date of certificate.
CERTIFICATE OF FITNESS (COF B28)
A certificate issued by the Fire Department of New York to ensure an individual is able to handle, use, maintain, inspect, test, or transport battery energy storage systems and associated equipment.
COMMUNITY BENEFIT AGREEMENT (CBA)
A legally binding contract between a developer and a community organization or government body that specifies benefits the developer will provide in exchange for community support.
COMMUNITY DISTRIBUTED GENERATION (CDG)
A program that allows customers to purchase renewable electricity from a facility, such as a solar farm, without installing or maintaining equipment. The electricity generated at the facility is shared with participants as monthly credits.
CONTAINER
A large size storage enclosure used to store the components of the battery energy storage system; resembles a maritime ISO container.
COORDINATED ELECTRIC SYSTEM INTERCONNECT REVIEW (CESIR)
A comprehensive engineering study of the impact the project has on the electric utility system.
DECOMMISSIONING
A systematic process that provides documentation and procedures that allow an energy storage system to be safely de-energized, disassembled, readied for shipment or storage, and removed from the premises in accordance with applicable code requirements.
DEFLAGRATION
An exothermic reaction, such as the extremely rapid oxidation of a flammable dust or vapor in air, in which the reaction progresses through the unburned material at a rate less than the velocity of sound. A deflagration can have an explosive effect.
EMERGENCY BATTERY SYSTEMS (MOBILE BATTERY ENERGY STORAGE)
A portable battery storage system that may be mounted on trailers and towed to locations, in the same way as emergency generators or other mobile power and heating trailers for a limited specified time during emergency situations.
FIRE MITIGATION PERSONNEL (A CERTIFICATE OF FITNESS HOLDER)
A trained and qualified representative of the site owner/operator, who holds a Certificate of Fitness, with knowledge of the installation who can be deployed on-site to support local emergency first responders. Such person shall be responsible for being present during activation; maintaining proper signage; coordinating emergency communications with local fire departments; notifying the Department as well as the Town of any repairs taking place and overseeing both commissioning and de-commissioning.
GRID SCALE ENERGY STORAGE (see also "UTILITY SCALE ENERGY STORAGE")
Grid scale energy storage systems, typically with capacities greater than 600kWh to multiple megawatt-hours up to five MW, designed to provide grid support services, such as frequency regulation, load shifting, and backup power, to help maintain grid reliability and accommodate the integration of renewable energy sources.
INTERCONNECT AGREEMENT
A business contract between the utility and the customer for the purpose of interconnecting a distributed energy (DE) project located at the customer site to the utility's electrical distribution system.
INVERTER/RECTIFIER
A device that changes DC power to AC power or AC power to DC power.
LITHIUM-ION BATTERIES
A system comprised of one or more lithium-ion batteries assembled together, capable of storing energy in order to supply electrical energy at a future time.
NAMEPLATE AC CAPACITY
The maximum rated alternating current (AC) output that an energy storage system can store, typically expressed in kilowatt-hours (kWh) or megawatt-hours (MWh).
NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) OCCUPIED COMMUNITY BUILDING
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.
POWER PURCHASE AGREEMENT (PPA)
An arrangement in which a third-party developer installs, owns, and operates an energy system on a customer's property.
RENEWABLE ENERGY
Energy generated from sustainable resources, such as solar, wind, hydro, geothermal, and biomass, which have little to no negative impact on the environment.
REPOWERING
The process of reconfiguring, supplementing, or replacing some or all of the system components to increase the nameplate capacity.
ROUND-TRIP EFFICIENCY
The efficiency of an energy storage system when accounting for both charging and discharging processes, typically expressed as a percentage.
UTILITY SCALE ENERGY STORAGE
A BESS facility that is capable of storing an amount of energy in excess of 600 kilowatt-hours (kWh), noting that the Town prohibits storage in excess of five MW.
A. 
All battery energy storage systems ("BESS") must be designed and installed in accordance with all applicable provisions of the New York State Uniform Fire Code, Building Code, and Energy Code as may be amended from time to time and applicants must provide adequate documentation to demonstrate how the proposed system meets these requirements.
(1) 
Small scale, behind the meter installations that fall within the storage limitations of Subsection A(2) below shall comply with § 123-39.3 and § 330-76 in order to obtain a building and electrical permit.
(2) 
Storage limitations for specific placement of batteries. Individual battery units shall have a maximum rating of 20 kWh. The aggregate (more than one battery) rating that may be permitted for "behind the meter" installations is identified below:
(a) 
40 kWh within utility closets and storage utility spaces.
(b) 
80 kWh in attached or detached garages and detached accessory structures.
(c) 
80 kWh on exterior walls.
(d) 
80 kWh outdoors on the ground (on an approved poured concrete pad).
(3) 
Battery energy storage system installations exceeding the permitted aggregate ratings listed above, and less than or equal to 600 kWh, are considered Tier One and shall be installed in accordance with Section 1206.2 through 1206.17.7.7 of the Fire Code of New York State, as may be amended, and shall comply with the review procedures of Subsection B, herein.
B. 
Tier One. Applications for the installation of battery energy storage with an aggregate nameplate AC energy capacity greater § 330-426A(2)(a) through (d) to a maximum of 600 kWh of battery energy storage shall be considered "Tier One" and shall be subject to review by the Planning Board pursuant to the procedures of § 330-183, the special exception general standards of § 330-122, as may be amended; and all applicable standards within this article and § 123-39.3 inclusive of any building and electrical permit requirements and all inspections related thereto.
(1) 
Minimum lot area 40,000 square feet.
(2) 
Permissible in the following Business districts only, VB, HB, SCB, OD, MTL, HO, HC, and Industrial Districts as further set forth herein. RWB and PDD zoning Districts are excluded.
(3) 
Parcels upon which BESS are placed shall adhere to all of the corresponding dimensional regulations for the zoning district in which they are located.
C. 
Tier Two. Applications for the installation of battery energy storage with an aggregate nameplate AC energy capacity greater than 600 kWh up to and inclusive of five MW shall be considered "Tier Two" and as such shall be subject to review by the Planning Board pursuant to the procedures of § 330-183, the special exception general standards of § 330-122 and the specific special exception criteria described in § 330-429; and all applicable standards within this article and § 123-39.3 inclusive of any building and electrical permit requirements and all inspections.
(1) 
Minimum lot area 80,000 square feet.
(2) 
Permissible in Light Industrial (LI-40, LI-200) zoning districts only.
(3) 
Parcels upon which BESS are placed shall adhere to § 330-38, Industrial Districts Table of Dimensional Regulations and as set forth in this article.
D. 
All Battery Energy Storage Systems approved by the Planning Board shall require a building permit and an electrical permit.
E. 
Modifications, repowering, retrofits, or replacements of approved battery systems that increase the aggregate nameplate AC energy capacity, designed discharge, duration or power rating, changes in electrochemical design, and project footprint shall be subject to this article.
F. 
Applications for the installation of battery energy storage with an aggregate nameplate AC energy capacity greater than five MW shall not be permitted in any zoning district throughout the Town.
A. 
All applications shall include a project narrative that specifies the type of energy storage system and product description, which includes the storage technology type, manufacturer, kW and kWh capacity, roundtrip efficiency and the intended uses of the energy storage system.
(1) 
Owner's endorsement or other documentation that demonstrates the applicant has obtained or is under a binding contract to obtain title or a leasehold interest in all properties comprising the facility site.
(2) 
Applicants shall provide credentials that demonstrate that legal entities involved in commissioning, operating, maintaining, and decommissioning of the BESS facility possess the requisite financial ability to complete the contract, accountability, reliability, skill, sufficiency of capital resources, judgment, integrity and moral worth, to be determined as a matter of fact on a case-by-case basis. Proof may include, but is not limited to current licenses, certificates of fitness, inclusion on New York State compiled lists of qualified entities for commercial and industrial BESS facilities and/or a track record of the successful commissioning of similar BESS facilities.
B. 
Lot size. For purposes of determining whether the installation of BESS facility complies with zoning regulations, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall govern even though BESS, inverter, or other associated equipment may be located on leased parcels within such lot.
C. 
Principal or accessory use. BESS facilities may be considered either principal or accessory uses. The Chief Building Inspector shall make such determinations as appropriate based on the following:
(1) 
Eligible Business and Industrial Districts, a battery energy storage system with an aggregate nameplate AC capacity from 80 kWh up to 5 MW (Tier One and Tier Two) is considered accessory conditioned that the aggregate nameplate AC capacity is less than or equal to 24 times the average daily load on the parcel. BESS in excess of this threshold and/or greater than 600 kWh shall constitute a principal use and as such parcels shall comply with principal setbacks and the maximum number of uses as per § 330-31.
(2) 
Eligible battery storage may be considered accessory when the primary use of a parcel is for the generation of electricity from a renewable energy system utilizing solar panels, wind turbines, or other approved renewable energy technology. The aggregate nameplate AC capacity of the battery energy storage system shall be designed to store no greater than the average total daily kWh produced by the renewable energy system (e.g., 4,000 kWh generated in a day = 4,000 kWh maximum storage capacity).
D. 
Avoidance areas. Tier Two applications shall not be located in the following avoidance areas:
(1) 
Parcels within 300 feet of an occupied community building parcel, single-family residential parcel, and/or any residential district, as measured from property line to property line.
(2) 
Industrial District parcels that share any property line with a residential parcel or are within 300 feet of a residence, hospital, school, daycare, church/religious or other similar high occupancy building, as measured from one property line to another.
(3) 
Coastal Erosion Hazard Areas (CEHA).
(4) 
Special Flood Hazard Areas (SFHA).
(5) 
Central Pine Barrens (Core Preservation Area), unless a hardship exemption waiver is first approved by the Central Pine Barrens Joint Policy and Planning Commission in accordance with § 330-215 and § 330-219.
(6) 
Aquifer Protection Overlay District where the clearing standards cannot be met.
(7) 
Agricultural lands and open space/greenbelt areas.
(8) 
Historically and culturally significant resources, unless it can be demonstrated that an installation will not adversely affect the historic resource and is fully reversible.
(9) 
Designated conservation areas, including, but not limited to, lands purchased through the Town's Community Preservation Fund.
(10) 
Designated scenic corridors or viewsheds.
(11) 
Within 500 feet of the right-of-way of designated Coastal Evacuation routes as established by the New York State Emergency Management Office.
(12) 
Wetlands, both tidal and freshwater.
E. 
All Tier Two Battery Energy Storage Systems shall be considered Type I actions pursuant to SEQRA and Chapter 157 of the Town Code.
F. 
Insurance, indemnification and waiver.
(1) 
The facility operator/owner shall indemnify the Town and hold the Town harmless from and against any and all claims, causes of action, liability, damage, loss, cost or expense (including reasonable attorneys' fees) arising out of or related to the use, maintenance, or operation of the BESS or arising out of or related to the license.
(2) 
Prior to the site plan/special exception approval and subject to review by the Town Attorney's office, the applicant shall furnish the Town with a comprehensive liability insurance policy, insuring the applicant and/or property owner against liability for damage to persons or property, with limits as established by resolution of the Planning Board, which policy shall name the Town as an additional insured and shall not be cancelable without at least 30 days' prior written notice to the Town. Additional comprehensive liability insurance policies, naming the Town as an additional insured, may be required.
A. 
The following are exempt from the provisions of this article:
(1) 
New or refurbished batteries installed in the equipment, devices, vehicles they are designed to power.
(2) 
New or refurbished batteries packed for use in the equipment, devices, vehicles they are designed to power.
(3) 
Batteries in original retail packaging that are rated at 300 watt or less or contain 25 grams or less of lithium metal.
(4) 
Temporary storage of batteries or battery components during the service of a battery electric vehicle as it relates to auto-repair use.
B. 
Modifications/augmentation/repair. The following are exempt from site plan review but shall require a building permit, an electrical permit and delivery and/or removal from the site must also be coordinated (date/time/route) with emergency services:
(1) 
Replacement of battery cells of the same electrochemical composition, design and quantity (i.e., not increasing the aggregate nameplate AC energy capacity).
(2) 
Upgrades or servicing to electrical equipment, safety equipment, interconnect devices, and associated hardware that support a certified and approved BESS, provided that it shall not increase the BESS enclosure area/footprint.
C. 
Temporary emergency power supply. Mobile units with an energy storage capacity rating greater than 80 kWh up to and including 600 kWh or less may be permitted, in an emergency, on a case-by-case basis with documentation certifying that the mobile unit conforms with UL 9540, NFPA 855, and NFPA 111 and will be located/connected in coordination with the "Incident Commander" be it the Emergency Management Administrator, Fire Marshal, Chief of Police or an approved designee.
D. 
The temporary use of an electric-powered vehicle as an energy storage system shall be permitted in accordance with applicable sections of the NYS Residential Code.
A. 
General. In granting a special exception use, the Planning Board may impose conditions to the extent that the Planning Board determines such conditions are reasonably necessary to minimize any adverse impacts from the proposed BESS facility on adjoining properties and maximize public safety.
(1) 
The minimum lot area shall in no case be less than 80,000 square feet.
(3) 
Parcels with BESS facilities shall not be aggregated in any fashion to exceed 5 MW of energy storage.
(4) 
Height. The maximum height of any structure used for battery storage shall be 15 feet, as measured pursuant to § 330-5, Height of structure or building.
(5) 
Screening and access. Battery energy storage systems shall, where feasible, 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 existing terrain, character of the property and surrounding area. Fire apparatus shall be given adequate access throughout the site to the satisfaction of the Fire Marshal and areas within the site that may be utilized for staging an emergency response shall be indicated on the plans and arranged to not impede the normal operation of adjacent roadway networks.
(a) 
The Planning Board shall ensure that the proposed site has direct frontage on an improved, existing state, county, or Town road having a right-of-way of at least 50 feet in width and adequate fire suppression hydrants.
(b) 
Site plans shall demonstrate compliance with screening for all required yards.
(c) 
Landscape maintenance shall limit the use of pesticides to those with low toxicity and persistence. The use of fertilizers shall be limited by the Planning Board.
(6) 
Enclosure. Battery energy storage systems shall be housed in permanent stationary cabinets or containers constructed in accordance with all applicable standards and codes including but not limited to those listed in § 123-39.3C and placed upon a poured concrete pad that shall be specified in the plans to the satisfaction of the Town Engineer.
(a) 
Containers, indoors and outdoors, that are not currently certified as being in accordance with UL1741, Standards on Battery Containment Enclosures, shall be installed in accordance with the amended 2024 NYS Fire Code (March 19, 2025) section 320.4.
(b) 
Areas within 20 feet on each side of a BESS enclosure shall be cleared of vegetation and any tree stumps removed. Site design shall ensure that the removal of mature/large caliper trees is minimized.
(c) 
Gravel or other suitable material shall be placed within the 20-foot area around an enclosure.
(7) 
Fencing requirements.
(a) 
Battery energy storage systems, including all dedicated mechanical equipment and appurtenances shall be enclosed by a fence having a maximum height of 10 feet from natural grade with a self-locking gate to prevent unauthorized access and shall not interfere with ventilation or exhaust ports.
(b) 
Fencing shall be constructed with approved non-flammable materials.
(c) 
Vehicle Impact Protection, such as bollards or other barriers, shall be required pursuant to NFPA 855 and the NYS Uniform Fire Code.
(d) 
Site shall be maintained and accessible to emergency vehicle access year round in coordination with the Chief Fire Marshal.
(e) 
Failure to maintain the security fencing and provide adequate access for emergency response personnel may result in the revocation of the certificate of occupancy until such time as this requirement is met.
(8) 
Right-of-way and utility lines.
(a) 
The minimum required transitional front yard shall be in accordance with § 330-83H but in no case less than 50 feet, unless the Planning Board finds for aesthetic and/or safety reasons that additional setback is necessary.
(b) 
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 interconnection equipment, including without limitation any poles, with new easements and right-of-way.
(c) 
Overhead wires connecting the BESS facility to an energy generation station or substation shall not be permitted, unless the parcel containing the energy generation station or substation immediately abuts the parcel on which the BESS is proposed and existing overhead connections are present.
(9) 
Protection of aquifer (for BESS in excess of one MW).
(a) 
Water, or other liquid agents used to suppress fire or other emergency event shall be collected and retained on-site in accordance with any design recommendations of the Town Engineer and the Fire Marshal.
(b) 
The emergency runoff retention system shall be sized to hold at least 10,000 gallons, designed to collect emergency runoff within 20 feet of the battery enclosures, and further require a severable storm drain connection to be closed during emergency situations so that potentially contaminated water/agents cannot drain from the site.
(c) 
Agents/liquids for firefighting retained during a fire or other emergency event shall be tested for contaminants and filtered if pollutants exceed the total maximum allowable concentration established by the NYS Water Quality Standards Program guidelines, prior to disposal.
(d) 
Conformance with State Pollutant Discharge Elimination Systems permits (SPDES) and stormwater design pursuant to Chapter 285 and any additional applicable pollution control measures and best practices shall be followed.
(e) 
Fire suppression systems dependent on PFAS (polyflouroalkyl substances) are prohibited.
(10) 
Signage.
(a) 
All signage shall be in compliance with ANSI (American National Standards Institute) Z535, and NFPA 855 as may be amended. The signage 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, the type of generation, 24-hour emergency contact information for the fire mitigation personnel, including reach-back phone number, a map of the site with isolation distances response personnel should maintain, locations of standpipes, service points, utility meters, AC and DC disconnects, inverters, photovoltaic array or other type of generator connected to the batteries.
(b) 
As required by the NEC (National Electric Code), 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.
(c) 
Signs shall be additionally placed along the outside of the outermost facility perimeter fence line. The site plans shall indicate this signage location.
(11) 
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety, security and operational purposes and shall with Dark Sky standards of Article XXIX of the Town Zoning Code.
(12) 
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall comply with noise standards found in Town Code § 235-3B. Applicants may submit equipment and component manufacturer's 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.
(13) 
Drainage.
(a) 
All site contours will be confirmed with site surveys to confirm drainage patterns and not assumed from Lidar.
(b) 
A stormwater pollution prevention plan shall be required pursuant to § 285-9 for all applications.
(c) 
Public roadways that are impaired by construction of a BESS facility shall be restored back to the original condition after construction has finished.
(d) 
Water retention systems, stormwater interconnections, culvert sizing, and detailed drawings for proposed culverts in the right-of-way shall be submitted in accordance with the design requirements of the Stormwater Management Officer.
A. 
Tier One submission. Applications that qualify for Tier One shall be subject to site plan review pursuant to § 330-122 and § 330-183.
(1) 
Peer review may be required for all Tier One BESS facilities to ensure compliance and provide additional technical expertise. The Planning Board may contract with firms qualified to conduct BESS peer reviews; use a list of vendors established by the Town Board, or may use a list provided by NYSERDA or other qualified entity.
(a) 
In addition to the fee schedule, the Planning Board may require an applicant to pay an amount, to be held in escrow and ultimately disbursed, to pay the costs incurred by the Town for all consulting services it may reasonably seek to engage such as a peer review or other technical expertise. Such amount deemed necessary for escrow shall be reasonably related to costs attendant to the Town's review, and such amount shall be computed in consultation with the applicant. Further, if such escrow payment is deemed necessary, this fee shall be in addition to and exclusive of any fee(s) properly assessed to the applicant in connection with the SEQRA process.
(b) 
The Planning Board shall have the authority to waive the requirement for peer review if the application does not warrant additional technical analysis, however the Planning Board must adopt a resolution stating the reasoning for its findings.
(c) 
The Planning Board may amend the list of required studies found in § 330-430B(3)(c) to be conducted for the peer review report and require further technical analysis as necessary.
B. 
Tier Two submission. In addition to all site plan requirements for Tier One and the requirements listed in § 330-426, an application for a Tier Two BESS facility, which is subject to site plan and special exception application procedures shall also include:
(1) 
Site control. Applicant shall demonstrate site control depending on the organization of involved parties with either:
(a) 
A sworn affidavit statement from the project applicant, developer and all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.
(b) 
Documentation that the applicant has obtained or is under a binding contract to obtain, title or a leasehold interest in all properties comprising the facility in addition to an owner's endorsement.
(2) 
Compliance with technical interconnection requirements if applicable.
(a) 
A copy of the interconnection application and any findings/reports generated through the processing of the interconnection application.
(b) 
Interconnection agreement/contract or interconnect permission to operate letter.
(c) 
Power Purchase Agreement.
(d) 
Coordinated Electric System Interconnect Review (CESIR).
(3) 
Peer review shall be required for all Tier Two BESS facilities to ensure compliance and provide additional technical expertise. The Planning Board may contract with firms qualified to conduct BESS peer reviews; use a list of vendors established by the Town Board, or may use a list provided by NYSERDA or other qualified entity.
(a) 
In addition to the fee schedule, the Planning Board may require an applicant to pay an amount, to be held in escrow and ultimately disbursed, to pay the costs incurred by the Town for all consulting services it may reasonably seek to engage such as a peer review or other technical expertise. Such amount deemed necessary for escrow shall be reasonably related to costs attendant to the Town's review, and such amount shall be computed in consultation with the applicant. Further, if such escrow payment is deemed necessary, this fee shall be in addition to and exclusive of any fee(s) properly assessed to the applicant in connection with the SEQRA process.
(b) 
The Planning Board may amend the list of required studies to be conducted for the peer review report and require further technical analysis as necessary.
(c) 
The peer review process shall result in a comprehensive assessment report to fulfill the technical assistance requested by the Town on items including but not limited to the following:
[1] 
Compliance with all applicable safety, performance, and design standards referenced in § 123-39.3C(1).
[2] 
The suitability of the site including but not limited to an analysis of geology, hydrology, groundwater, soil, threatened/endangered species, scenic resources, cultural/historical resources, electrical grid hosting capacity, interconnection requirements, and man-made/natural hazards.
[3] 
An examination of alternate sites. The peer review shall include an inventory of approved and proposed BESS facilities, of which the applicant is aware that are within one mile of the applicant's project area irrespective of municipal and county jurisdictional boundaries. Said submission shall include specific information about the location, size and design of each BESS facility.
[4] 
Air dispersion modeling to determine the potential extent and resulting effects of a deflagration event.
[5] 
Proximity to forested woodlands and, if within 500 feet, an assessment of forest health conditions and the incidence of blight associated with invasive species such as the Southern Pine Beetle or other ecological conditions that would present a significant fire hazard.
(4) 
An environmental assessment form, Part 1, per Chapter 157, Environmental Quality Review, of this Code.
(5) 
A one- or three-line electrical diagram detailing the BESS layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
(6) 
Augmentation plan (if applicable). A project description of the phases and timeframes of development, accompanied by an annotated site plan with anticipated augmentation phases depicting structures/components.
(7) 
A preliminary equipment specification sheet that documents the proposed BESS components, inverters, and associated electrical equipment that are to be installed.
(a) 
All proposed equipment shall be listed with their associated certifications.
(b) 
Where appropriate, equipment shall have an accompanying root cause analysis finding from the original equipment manufacturer or publically available safety datasets specifying reported fire incidents involving any make and/or model of the proposed equipment.
(c) 
A final equipment specification sheet and final interconnect agreement from LIPA or the local energy provider (or successor) shall be submitted prior to final inspection and maintained on-site and filed with the Office of Emergency Management and/or the Fire Marshal.
(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, NFPA 855, and all applicable national standards codes/testing methods. Where commissioning is required, BESS commissioning shall be conducted by a qualified individual or firm identified during the BESS peer review process or taken from a list provided by NYSERDA after the installation is complete but prior to final inspection.
(a) 
A Certificate of Fitness Holder is required to be on site during activation and is responsible for: maintaining proper signage; coordinating emergency communications with local fire Departments; and notifying the Department as well as the Town of any repairs taking place.
(b) 
A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning.
(c) 
A post-construction appendix describing the results of the system commissioning, the results of the initial acceptance testing required in the Uniform Code, and including contact information for the final system installer(s) shall be provided to the Planning Board prior to the commencement of operations and maintained at an approved on-site location.
(9) 
Fire safety compliance plan (FRP). Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code, applicable Underwriters Lab testing, NFPA, updated 2024 International Code Council, the NYS Fire Safety Working Group July 2024 draft recommendations and the draft March 2025 amendments to the 2024 NYS Uniform Code.
(a) 
A description of all on-site equipment and systems to be provided to prevent or handle fire emergencies.
(b) 
A description of all contingency plans to be implemented in response to the occurrence of a fire emergency, including evacuation control measures and community notification measures.
(c) 
The results of a toxic and flammable gas plume air dispersion analysis for the anticipated BESS equipment in a severe fire emergency scenario to assess potential impacts on surrounding communities.
(d) 
A commitment to conduct, or provide funding to conduct, site-specific training drills with emergency responders before commencing operation, and at least once per year while the facility is in operation, at the expense of the project owner. Training shall be designed to familiarize the associated fire, police and all other first responding agency personnel in the jurisdictional area, with the project, hazards, procedures, and current best practices.
(e) 
A commitment to review and update the FRP with the Office of Emergency Management, and Chief Fire Marshal, and Suffolk County emergency managers and/or designees, at least once every three years.
(f) 
An analysis of whether plans to be implemented in response to a fire emergency can be fulfilled by existing local emergency response capacity. The analysis should include identification of any specific equipment or training deficiencies in local emergency response capacity and recommendations for measures to mitigate deficiencies.
(g) 
Other information as determined necessary by the Planning Board.
(10) 
Operation and maintenance (O&M) 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, applicable Underwriters Lab testing, NFPA 855. In addition, the O&M shall include the following:
(a) 
A battery management system shall be supported by a network operations center (NOC) and/or remote operations center (ROC) staffed by personnel 24/7 who are trained and have a working knowledge of the site and all BESS equipment therein.
(b) 
Externally mounted Ultraviolet/Infrared (UV/IR) cameras linked to a 24-hour alarm system are required for continuous real-time monitoring of site conditions for all systems greater than 600 kWh.
(c) 
Data from the system shall be monitored 24/7 and saved for post incident analysis. Data should include, but is not limited to high resolution sensor information on temperature, voltage, state of charge for each cell or series of cells.
(d) 
The NOC or ROC shall have the ability to immediately relay alarm notifications to the emergency first responders, the fire mitigation personnel, system owner, O&M personnel, and other relevant parties.
(11) 
A stormwater management plan shall be prepared and submitted pursuant to § 285-4E, "Applicability," § 330-429A(9) "Protection of aquifer" and § 330-429A(13) "Drainage."
(12) 
Emergency operations/response plan. The plan will consist of a comprehensive strategy for addressing potential emergencies 24 hours a day inclusive of severe weather events, sabotage events, wildfires, and other reasonably foreseeable hazardous conditions. A copy of the approved emergency operations/response plan shall be given to the system owner, the NOC/ROC, designated Fire District, and the Emergency Management Administrator. A permanent copy shall also be placed on-site in an approved location to be accessible to facility fire mitigation personnel, fire code officials, and other emergency responders. The emergency operations plan shall include the following information:
(a) 
Contact information for fire mitigation personnel, who are available for dispatch within 15 minutes of the mechanical and/or manual activation of an emergency alarm system and on-site within four hours.
(b) 
The applicant or designee, in coordination with the Fire Marshal and/or Emergency Management Administrator, will present an industry funded analysis of the manpower and equipment needs for an emergency response to any thermal runaway or other emergency event.
[1] 
Deficiencies in manpower shall be met with an inter-municipal agreement for sharing of personnel.
[2] 
Deficiencies in specialized equipment for fire suppression shall be identified and met by the owner and or developer of the BESS facility.
(c) 
The Emergency Operations/Response Plan shall additionally cover site specific or geographic considerations, but shall not be limited to:
[1] 
Facility organization.
[2] 
Emergency response approach, including the role of water and/or other approved fire suppression techniques during the different phases of a deflagration event or other potential emergency scenario. Said assessment shall include an analysis of water pressure at the hydrant and impacts associated with continuous use for extended periods of time.
[3] 
Hazardous materials analysis including testing for polyfluoroalkyl/perfluoroctane sulfonic acid substances (PFAS/PFOS).
[4] 
Emergency response specifics.
[5] 
Procedures for testing of wells, bodies of water within a specified distance of the project site, based on the particulars of the application.
[6] 
Spill response including procedures for dewatering on-site retention wells.
[7] 
Vibration analysis and monitoring program survey of existing structures within 250 feet of a potential blast area if applicable.
[8] 
Procedures for air quality analysis.
[9] 
Routine schedule for emergency training and drills to be offered.
[10] 
Incident investigation and root cause analysis.
(d) 
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.
(e) 
Procedures for inspection and testing of associated alarms, interlocks, and controls. The Fire Marshal shall determine the cadence of periodic special inspections and updates to the ERP, to be conducted by a specialized, third- party expert who possess the necessary expertise in the BESS facility in coordination with the network operations center.
(f) 
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.
(g) 
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, potential approach and departure routes for emergency responders, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
(h) 
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(i) 
Procedures for removal of battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove any damaged battery energy storage system equipment from the facility in accordance with all applicable rules and regulations.
(j) 
Other procedures as determined necessary by the Planning Board to provide for the safety of occupants, neighboring properties, and emergency responders.
(k) 
Specific educational materials for training local first responders, such as "hotsheets," on the plans and response procedures required.
(13) 
Decommissioning. All site plan applications shall include a decommissioning plan. The decommissioning plan shall include the following:
(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) 
A Certificate of Fitness Holder is required to be on site during activation and is responsible for: maintaining proper signage; coordinating emergency communications with local fire departments; and notifying the Department as well as the Town of any repairs taking place.
(c) 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(d) 
The anticipated life of the battery energy storage system.
(e) 
The estimated decommissioning costs and how said estimate was determined.
(f) 
The method of ensuring that funds will be available for decommissioning and restoration shall be subject to Town Attorney review and approval.
(g) 
The method by which the decommissioning cost will be kept current.
(h) 
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.
(i) 
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.
(j) 
The owner and/or operator of the BESS shall implement said plan upon abandonment and/or in conjunction with removal from the facility.
(k) 
Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain a fund payable to the Town of Southampton, in a form and amount approved by the Town for the removal of the battery energy storage system, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.
(14) 
Fee.
(a) 
The fee schedule shall be established, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk's office and the Department of Land Management.
(b) 
The Planning Board shall have the authority to waive or modify the fee pursuant to § 330-183B.
A. 
This BESS code is adopted pursuant to provisions within the NYS Uniform Code, federal law, and national standards, as may be amended from time to time.
B. 
Peer review, as applicable, shall be required to demonstrate compliance with all applicable codes identified in Town Code § 123-39.3 prior to issuance of a building permit and the estimated cost shall be collected in escrow for the plan review as per the procedures set forth by the Town Planning and Development Administrator.
A. 
Violations. Where a violation of this article has been committed or shall exist, the owner and the agent or contractor of the BESS facility where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire BESS facility where such violation has been committed or shall exist, and the agent, contractor, or any other person who takes part or assists in such violation or who maintains any BESS facility in which any such violation shall exist shall be guilty of a violation of this article.
B. 
Criminal penalties. A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $750 nor more than $1,500 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,500 nor more than $2,500 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this article shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
C. 
Administrative and civil penalty.
(1) 
In addition to all administrative, civil, and other remedies available, where a person has been found guilty of a violation of this article after trial or a plea of guilty, and the Building Inspector determines that the violation continues to exist 30 days after such conviction, the Building Inspector shall certify the violation in writing to all other local agencies responsible for the issuance of approvals and permits under this article. A copy of the certification shall be mailed to the owner of the property as listed on the most recent assessment roll on file in the Tax Assessor's office. However, failure to notify the property owner shall not have any effect on the validity of the certification.
(2) 
The certification shall include the location of the property by Suffolk County Tax Map number, the name of the individual or entity convicted of the violation and his or her relationship to the property and the nature of the violation.
(3) 
After receipt of the certification, no local board or agency shall accept, determine to be complete or otherwise process a new application or issue any approval with respect to a pending application under this article for the subject property.
(4) 
Until the violation identified in the certification has been removed or corrected or the Building Inspector has determined that the illegality no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, any time periods contained in the Town Law or in this article for action on an application shall be tolled for all purposes.
(5) 
After the violation has been removed or corrected or no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, the Building Inspector shall immediately rescind the certification and notify all boards and agencies that received the certification, in writing, that administrative review of applications on the property may be resumed.
(6) 
After the violation has been removed or corrected or no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, the Building Inspector shall immediately rescind the certification and notify all boards and agencies that received the certification, in writing, that administrative review of applications on the property may be resumed.
D. 
Blight mitigation surcharge.
(1) 
Anyone convicted pursuant to this section shall be required to pay a mandatory blight mitigation surcharge of $100. The blight mitigation surcharge shall be paid to the clerk f the court or administrative tribunal that rendered the conviction.
E. 
In addition to any other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct, business or use in or about such premises.