HomeMy WebLinkAbout2022-02-16 Proposed Local Law - Battery Energy Storage System LawTOWN OF CORTLANDVILLE
LOCAL LAW NO. _____ OF 2022
A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY
ENERGY STORAGE SYSTEM LAW OF THE TOWN OF CORTLANDVILLE,
NEW YORK.
BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows:
SECTION 1. TITLE.
This Local Law shall be known as the “Battery Energy Storage System Law of
the Town of Cortlandville, New York.”
SECTION 2. STATUTORY AUTHORITY.
This Local Law is intended to be consistent with and is enacted by the Town
Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New
York State Constitution, the New York State Municipal Ho me Rule Law, and the New
York State Town Law. It is intended and hereby declared to address matters of local
concern only and is intended to act in furtherance of the Town’s authority with respect to
to adopt zoning provisions that advance and protect the health, safety and welfare of the
community.
SECTION 3. PURPOSE AND INTENT.
This Battery Energy Storage System Law is adopted to advance and protect the
public health, safety, welfare, and quality of life of the Town of Cortlandville by
creating regulations for the installation and use of bat tery 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 syst ems on environmental
resources such as important agricultural lands, forests, wildlife and other
protected resources; and
d. To create synergy between battery energy storage system development and
other stated goals of the community pursuant to its Comprehensive Plan.
SECTION 4. DEFINITIONS.
As used in this section, the following terms shall have the meanings indicated:
ANSI: American National Standards Institute
BATTERY(IES): A single cell or a group of cells connected electrically in
series, in parallel, or a combination of both, which can charge, discharge, and store
energy electrochemically. For the purposes of this law, batteries utilized in consumer
products are excluded from these requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: 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.
BATTERY ENERGY STORAGE SYSTEM: One or more devices, assembled,
capable of storing energy in order to supply electrical energy at a future time, not to
include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy
storage system is classified as a Tier 1 or Tier 2 Bat tery Energy Storage System as
follows:
a. 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.
b. 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.
CELL: The basic electrochemical unit, characterized by an anode and a cathode,
used to receive, store, and deliver electrical energy.
COMMISSIONING: 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.
DEDICATED-USE BUILDING: 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:
a. The building’s only use is battery energy storage, energy generation, and
other electrical grid-related operations.
b. No other occupancy types are permitted in the building.
c. 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.
d. Administrative and support personnel are permitted in areas within the
buildings that do not contain battery energy storage syst em, provided the
following:
e. The areas do not occupy more than 10 percent of the building area of the
story in which they are located.
f. 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.
ENERGY CODE: The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter
amended from time to time.
FIRE CODE: The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 o f the Executive Law, as
currently in effect and as hereafter amended from time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL): A
U.S. Department of Labor designation recognizing a private sector organization to
perform certification for certain products to ensure t hat they meet the requirements of
both the construction and general industry OSHA electrical standards.
NEC: National Electric Code.
NFPA: National Fire Protection Association.
NON-DEDICATED-USE BUILDING: All buildings that contain a battery
energy storage system and do not comply with the dedicat ed-use building requirements.
NON-PARTICIPATING PROPERTY: Any property that is not a participating
property.
NON-PARTICIPATING RESIDENCE: Any residence located on non-
participating property.
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, daycare facilities, hospitals, correctional facilities, public libraries,
theaters, stadiums, apartments, hotels, and houses of worship.
PARTICIPATING PROPERTY: A battery energy storage system host property
or any real property that is the subject of an agreement that provides for the payment of
monetary compensation to the landowner from the battery energy storage system owner
(or affiliate) regardless of whether any part of a batt ery energy storage system is
constructed on the property.
UNIFORM CODE: 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.
SECTION 5. APPLICABILITY.
a. The requirements of this Local Law shall apply to all battery energy storage
systems permitted, installed, or modified in the Town of Cortlandville after
the effective date of this Local Law, excluding general maintenance and
repair.
b. Battery energy storage systems constructed or installed prior to the effective
date of this Local Law shall not be required to meet the requirements of this
Local Law.
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 t his Local Law.
SECTION 6. GENERAL REQUIREMENTS.
a. A building permit and an electrical permit shall be required for installation of
all battery energy storage systems.
b. Issuance of permits and approvals by the Planning Board shall include review
pursuant to the State Environmental Quality Review Act [ECL Article 8 and
its implementing regulations at 6 NYCRR Part 617 (“SEQRA”)].
c. All battery energy storage systems, all Dedicated Use Buildings, and all other
buildings or structures that (1) contain or are otherwise associated with a
battery energy storage system and (2) subject to the Uniform Code and/or the
Energy Code shall be designed, erected, and installed in accordance with all
applicable provisions of the Uniform Code, all applicable provisions of the
Energy Code, and all applicable provisions of the codes, regulations, and
industry standards as referenced in the Uniform Code, the Energy Code, and
the Town of Cortlandville Code.
SECTION 7. PERMITTING REQUIREMENTS FOR TIER 1 BATTERY
ENERGY STORAGE SYSTEMS.
Tier 1 Battery Energy Storage Systems shall be permitt ed in all zoning districts,
subject to the Uniform Code and the “Battery Energy Storage System Permit,”
and exempt from site plan review.
SECTION 8. PERMITTING REQUIREMENTS FOR TIER 2 BATTERY
ENERGY STORAGE SYSTEMS
Tier 2 Battery Energy Storage Systems are permitted through the issuance of a
special use permit within the Agriculture and Industrial 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 System
shall be:
1. Reviewed by the Code Enforcement/Zoning Enforcement Officer and
Planning Board for completeness. An application shall be complete when
it addresses all matters listed in this Local Law 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, S ignage, Lighting,
Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and
Development, Special Use and Development, Ownership Changes, Safety,
and Permit Time Frame and Abandonment. Applicants shall be advised
within 10 business days of the completeness of their application or any
deficiencies that must be addressed prior to substantive review;
2. Subject to a public hearing to hear all comments for and against the
application. The Planning Board of the Town of Cortlandville shall have a
notice printed in a newspaper of general circulation in the Town of
Cortlandville at least five 5 days in advance of such hearing. Applicants
shall have delivered the notice by first class mail to adjoining landowners
or landowners within two hundred 200 feet of the property at least ten 10
days prior to such a hearing;
3. Referred to the County Planning Department pursuant to General
Municipal Law § 239-m if required;
4. Upon closing of the public hearing, the Planning Board shall take action
on the application within 62 days of the public hearing, which can include
approval, approval with conditions, or denial. The 62-day period may be
extended upon consent by both the Planning Board and Applicant.
b. Utility Lines and Electrical Circuitry. All on-site ut ility 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 t he utility company
right-of-way and any new interconnection equipment, including without
limitation any poles, with new easements and right-of-way.
c. Signage.
1. The signage shall be in compliance with ANSI Z535 and shall include the
type of technology associated with the battery energy storage systems, any
special hazards associated, the type of suppression system installed in the
area of battery energy storage systems, and 24-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 syst ems shall be limited to
that minimally required for safety and operational purposes and shall be
reasonably shielded and downcast from abutting properties.
e. Vegetation and tree cutting. Areas within 10 feet on each side of Tier 2
Battery Energy Storage Systems shall be cleared of combustible vegetation
and other combustible growth. Single specimens of trees, shrubbery, or
cultivated ground cover such as green grass, ivy, succulents, or similar plants
used as ground covers shall be permitted to be exempt provided that they do
not form a means of readily transmitting fire. Removal of trees should be
minimized to the extent possible.
f. Noise. The 1-hour average noise generated from the battery energy storage
systems, components, and associated ancillary equipment shall not exceed a
noise level of [60] dBA as measured at the outside wall o f any non-
participating residence or occupied community building. Applicants may
submit equipment and component manufacturers noise rat ings 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 Plan.
1. Decommissioning Plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
a. A narrative description of the activities to be accomplished, including
who will perform that activity and at what point in t ime, for complete
physical removal of all battery energy storage system components,
structures, equipment, security barriers, and transmission lines from
the site;
b. Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations;
c. The anticipated life of the battery energy storage system;
d. The estimated decommissioning costs and how said estimate was
determined;
e. The method of ensuring that funds will be available for
decommissioning and restoration;
f. The method by which the decommissioning cost will be kept current;
g. The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems
adjacent to the battery energy storage system, such as, but not limited
to, structural elements, building penetrations, means o f egress, and
required fire detection suppression systems, will be protected during
decommissioning and confirmed as being acceptable after the system
is removed; and
h. A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy
storage system from service that has been damaged by a fire or other
event.
2. Decommissioning Fund. The owner and/or operator of the energy storage
system, shall continuously maintain a fund or bond payable to Town of
Cortlandville, in a form approved by the Town of Cortlandville for the
removal of the battery energy storage system, in an amount to be
determined by the Town of Cortlandville, for the period of the life of the
facility. This fund may consist of a letter of credit from a State of New
York licensed-financial institution. All costs of the financial security shall
be borne by the applicant.
h. Site plan application. For a Tier 2 Battery Energy Storage System requiring
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 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 pot ential 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 init ial acceptance
testing required in the Uniform Code shall be provided to [Code
Enforcement/Zoning Enforcement Officer or Reviewing Board] prior to
final inspection and approval and maintained at an approved on-site
location.
9. Fire Safety Compliance Plan. Such plan shall document and verify that
the system and its associated controls and safety syst ems 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
[Reviewing Board], but not required as part of the application,
engineering documents must be signed and sealed by a NYS Licensed
Professional Engineer.
13. Emergency Operations Plan. A copy of the approved Emergency
Operations Plan shall be given to the system owner, the local fire
department, and local fire code official. A permanent copy shall also be
placed in an approved location to be accessible to facility personnel, fire
code officials, and emergency responders. The emergency operations
plan shall include the following information:
a. Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
b. Procedures for inspection and testing of associated alarms,
interlocks, and controls.
c. Procedures to be followed in response to notifications from the
Battery Energy Storage Management System, when provided, that
could signify potentially dangerous conditions, including shut ting
down equipment, summoning service and repair personnel, and
providing agreed upon notification to fire department personnel for
potentially hazardous conditions in the event of a system failure.
d. Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or other
potentially dangerous conditions. Procedures can include sounding the
alarm, notifying the fire department, evacuating personnel, de-
energizing equipment, and controlling and extinguishing the fire.
e. Response considerations similar to a safety data sheet (SDS) that
will address response safety concerns and extinguishment when an
SDS is not required.
f. Procedures for dealing with battery energy storage system
equipment damaged in a fire or other emergency event, including
maintaining contact information for personnel qualified to safely
remove damaged battery energy storage system equipment from the
facility.
g. Other procedures as determined necessary by the Town of
Cortlandville 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 be
100 feet from any property line or 200 feet from any non-
participating domiciliary residence, whichever is greater.
2. Height. Tier 2 may not exceed the permitted height of
accessory structures in the zoning district where the Energy
Storage System is to be installed or 20 feet from the ground,
whichever is less
3. Fencing Requirements. Tier 2 Battery Energy Storage
Systems, including all mechanical equipment, shall be
enclosed by a 7-foot-high fence with a self-locking gate to
prevent unauthorized access unless housed in a dedicated-
use building and not interfering with ventilation or exhaust
ports.
4. Screening and Visibility. Tier 2 Battery Energy Storage
Systems shall have views minimized from adjacent
properties to the extent reasonably practicable using
architectural features, earth berms, landscaping, or other
screening methods that will harmonize with the character
of the property and surrounding area and not interfering
with ventilation or exhaust ports.
j. Ownership Changes. If the owner of the battery energy storage
system changes or the owner of the property changes, t he special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all the obligations of the special use
permit, site plan approval, and decommissioning plan. A new owner
or operator of the battery energy storage system shall notify the Code
Enforcement/Zoning Enforcement Officer of such change in
ownership or operator within 30 days of the ownership change. A new
owner or operator must provide such notification to the Code
Enforcement/Zoning Enforcement Officer in writing. The special use
permit and all other local approvals for the battery energy storage
system would be void if a new owner or operator fails to provide
written notification to the Code Enforcement/Zoning Enforcement
Officer in the required timeframe. Reinstatement of a void special use
permit will be subject to the same review and approval processes for
new applications under this Local Law.
SECTION 9. SAFETY.
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; and
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.
c. Battery energy storage systems shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department and,
if the Tier 2 Battery Energy Storage System is located in an ambulance
district, the local ambulance corps.
d. 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.
SECTION 10. PERMIT TIME FRAME AND ABANDONMENT.
a. The Special Use Permit and site plan approval for a battery energy storage
system shall be valid for a period of 24 months, provided that a building
permit is issued for construction and construction is commenced. In the event
construction is not completed in accordance with the final site plan, as may
have been amended and approved, as required by the Planning Board, within
24 months after approval, Town of Cortlandville may ext end the time to
complete construction for 180 days. If the owner and/or operator fails to
perform substantial construction after 36 months, the approvals shall expire.
b. The battery energy storage system shall be considered abandoned when it
ceases to operate consistently for more than 6 month. If the owner and/or
operator fails to comply with decommissioning upon any abandonment,
Town of Cortlandville 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.
SECTION 11. ENFORCEMENT.
Any violation of this Battery Energy Storage System Law shall be subject to the
same enforcement requirements, including the civil and criminal penalties, provided for
in the zoning or land use regulations of Town of Cortlandville.
SECTION 12. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder hereof, but shall be confined in operation to the
clause, sentence, paragraph, section or part hereof directly involved in the controversy in
which such determination shall have been rendered.
SECTION 13. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in
accordance with the Municipal Home Rule Law, and shall apply to all solar energy
systems constructed.