The URL can be used to link to this page

Home My WebLink AboutI - 15(3) Town of Cortlandville - County Planning Review, Recommendations & Resolution (Battery Energy Storage Systems)Cortland County Planning Department 60 Central Ave • Cortland, New York 13045-2838 i Telephone: (607) 753-5043 TRiSHA R. JESSET, PE Director of Planning email: tiesset(ftortland-co.ora. General Municipal Law (GML) Report TO: Cortland County Planning Board FROM: Cortland County Planning Department RE: Town of Cortlandville Local Law — Battery Energy Storage Systems Applicant: Town of Cortlandville 3577 Terrace Road Cortland, NY 13045 SYNOPSIS - March 11, 2022 Local Law review for the purpose of advancing and protecting the public health, safety, welfare, and quality of life of the Town of Cortlandville by creating regulations for the installation and use of battery energy storage systems. This local law is being referred to the Cortland County Planning Board because the local law impacts property throughout the Town of Cortlandville. ANALYSIS - The Town of Cortlandville is adopting a local law 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 battery energy storage systems. Sections 1, 2, 3, & 5 outline the proposed local law's title, statutory authority, intent, and applicability. As per section 4 "Definitions" the proposed local law separates battery energy storage systems into two tiers. Tier 1 battery energy storage systems are defined as those having 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 batter energy storage systems are defined as those having an aggregate energy capacity greater than 600kWh or are comprised of more than one storage battery technology in a room or enclosed area. Section 6 outlines the general requirements for all battery energy storage systems. Section 7 permits tier 1 battery energy storage systems in all zoning districts subject to special use permit and exempt from site plan review. Section 8 permits tier 2 battery energy storage systems within agricultural and industrial districts by special use permit and site plan review. This section also lists additional requirements for tier 2 battery energy storage systems including utility lines, signage, lighting, vegetation, and noise. A decommissioning plan would also be required for tier 2 battery energy storage system applications to ensure disposal of all solid / hazardous waste and restoration of the site. This section also outlines additional information required for an application for site plan approval Section 9 requires battery energy storage systems be certified by a nationally recognized testing laboratory. It also requires site access to be maintained for in case of emergency. Section 10 outlines permitting time fra establishes enforcement penalties. Sections 12 & ensures the integrity of the local law for the fixture. nes and abandonment provisions. Section 11 13 establishes the local law's effective date and The Coordinated Review Committee (CRC) reviewed this proposal and addressed the following issues: 1. Kathleen McGrath, NYSESCCP Water Quality Specialist at the Cortland County Soil & Water Conservation District, commented that section 8(h.)(11.) should refer to both the New York State Department of Environmental Conservation (DEC) standards and the Town of Cortlandville's laws instead of only referring to DEC standards. Finally, the proposed local law is considered a Type I Action under SEQR as it would change the allowable uses in a zoning district affecting more than 25 acres. The Town should therefore complete a Full Environmental Assessment Form to determine if this proposal would result in any significant adverse environmental impacts. RECOMMENDATION - The staff recommends approval of this application for a local law for the purpose of advancing and protecting the public health, safety, welfare, and quality of life of the Town of Cortlandville by creating regulations for the installation and use of battery energy storage systems onlv if the followin4 contingencies are satisfied: 1. that the Town consider changing section 8.(h.)(11.) to refer to the Town of Cortlandville's laws and regulations along with the New York State Department of Environmental Conservation standards. 2. compliance with SEQR requirements. Prepared by: Glaf� Alex M. Schultz Planner Reviewed/revised by: Trisha Jesset, P.E. Director of Planning 2 ON THE MOTION OF Amy Bertini RESOLUTION NO. 22-07 Wendy Miller Town of Cortlandville Local Law Battery Energy Storage Systems WHEREAS, on February 23, 2022 the Town Attorney, Town of Cortlandville, pursuant to General Municipal Law 239 M submitted an application for adoption of a local law because the law impacts property throughout the Town of Cortlandville, AND WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated March 11, 2022, which is on file, AND WHEREAS, the Cortland County Planning Board on March 16, 2022, held a regular meeting with a quorum and did consider this request, AND WHEREAS, the Cortland County Planning Board did thoroughly consider the material submitted by the petitioner, Department comments and all other relevant reports on file, NOW THEREFORE BE IT RESOLVED, that only upon adherence to the following contingencies does the Board recommend approval of this application for adoption of a local law for the purpose of advancing and protecting the public health, safety, welfare, and quality of life of the Town of Cortlandville by creating regulations for the installation and use of battery energy storage systems: 1. that the Town consider changing section 8.(h.)(11.) to refer to the Town of Cortlandville’s laws and regulations along with the New York State Department of Environmental Conservation standards. 2. compliance with SEQR requirements., AND BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained by the Town in order to approve this application unless every contingency documented in this resolution is followed, AND BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Town Attorney, Town of Cortlandville. _______________________________ Wendy Miller, Secretary Cortland County Planning Board March 16, 2022 Ayes: 8 Nays: 0