As discussed in the legislative intent of Local Law 3 of 2021 (adopted via Town Board Resolution 2021-132), battery energy storage systems ("BESS") offer a role in reducing demand and costs associated with grid infrastructure operation and expansion. Large-scale battery storage systems store energy from the grid during off-peak hours (when kilowatt hours are at their lowest prices) and redistribute back into the grid during peak demand. Redistributing electricity on- and off-peak creates a market for economic activity, benefits the community by adding capacity while lessening the burden on existing infrastructure, and drives costs down. The deployment of battery energy storage systems reduces the utilities' need for costly expansions to the grid and deters the use of fossil fuels during times of peak demand. Recently, there has been a significant amount of public concern regarding the potentially volatile nature of lithium-ion batteries and the fear that operation of this type of land use will pose a threat to the health, safety and welfare of the public, including the impact upon the surrounding roadways, infrastructure, and the orderly evacuation of improved areas, if necessary. This concern, coupled with the Planning Board's need for additional information and assurance about the safety of these types of facilities, including, but not limited to, ensuring the technology and availability of equipment necessary for local fire districts to be able to suppress a fire should one occur, precautions related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of location and other special exception standards for siting these facilities, has persuaded the Town Board to take pause on the Zoning Code and consider the enactment of a six-month limited moratorium for the review and permitting of battery energy storage systems pursuant to Town Zoning Code §
330-162.21 while these issues are further considered and the law is adequately revised to address any outstanding concerns, including the potential for catastrophic failures and evacuation planning.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICATION
Any request or application for the development of battery energy storage systems pursuant to §
330-162.21, to include any area or use variance applications related to battery energy storage systems throughout the Town of Southampton.
No new land use applications shall be accepted pursuant to §
330-162.21, 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 Southampton during the moratorium period.
[Amended 2-15-2024 by L.L. No. 1-2024; 7-23-2024 by L.L. No. 15-2024]
This moratorium shall be in effect during the period between
the adoption of this amending Local Law No. 15 of 2024 and the filing
of same and shall run for a period of six months following said adoption,
to wit: from August 13, 2024, through February 13, 2025. The same
may be extended by appropriate action of the Town Board.
This chapter is adopted pursuant to Municipal Home Rule Law §
10, Subdivision 1(ii)(a)(11) and (12), and expressly supersedes any inconsistent provisions of Chapters
292 and
330 of the Southampton Town Code, as well as Article 16 of New York State Town Law. In particular, this chapter 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 within specified statutory time periods.