HomeMy WebLinkAbout2022 - Local Law No. 3 of 2022 - Battery Energy Storage1
Town of Cortlandville
Town Board Meeting – April 20, 2022
RESOLUTION #121 ADOPT LOCAL LAW NO. 3 OF 2022, “A LOCAL LAW
ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY
ENERGY STORAGE SYSTEM LAW OF THE TOWN OF
CORTLANDVILLE, NEW YORK”
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Donlick Aye
Councilman Guido Aye
Councilman Leach Aye
ADOPTED
WHEREAS, on or about February 16, 2022, the Town Board of the Town of Cortlandville (the
“Town Board”) introduced a proposed Local Law, “A Local Law Adopting the Town of
Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New Yo rk”,
and referred it to the Cortland County Planning Board pursuant to GML §239-m, and
WHEREAS, the County Planning Board recommended approval of the proposed Local Law with
conditions, which were complied with and incorporated into the proposed Local Law, a final
version of which was re-introduced by the Town Board on April 6, 2022, and
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on the proposed Local Law,
and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
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WHEREAS, the Town Board has satisfied its obligation under the New York State Environmental
Quality Review Act (“SEQRA”), and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 3 of 2022, “A Local Law Adopting the Town of Cortlandville’s Battery Energy
Storage System Law of the Town of Cortlandville, New York”, a copy of which is attached hereto
and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of
this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of
the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
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 Home 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 t o act
in furtherance of the Town’s authority with respect 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 battery energy storage systems, with the following objectives:
1. To provide a regulatory scheme for the designation of properties suitable for the
location, construction and operation of battery energy storage systems.
2. To ensure compatible land uses in the vicinity of the areas affected by battery energy
storage systems.
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3. To mitigate the impacts of battery energy storage systems on environmental resources
such as important agricultural lands, forests, wildlife and other protected resources;
and
4. 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 Battery Energy Storage System as follows:
1. 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.
2. 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.
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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:
1. The building’s only use is battery energy storage, energy generation, and other
electrical grid-related operations.
2. No other occupancy types are permitted in the building.
3. 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.
4. Administrative and support personnel are permitted in areas within the buildings that
do not contain battery energy storage system, provided the following:
5. The areas do not occupy more than 10 percent of the building area of the story in which
they are located.
6. 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 of 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 that 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 dedicated-use building requirements.
NON-PARTICIPATING PROPERTY: Any property that is not a participating property.
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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 monet ary
compensation to the landowner from the battery energy storage system owner (or affiliate)
regardless of whether any part of a battery 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.
1. 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.
2. 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.
3. 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 this Local Law.
SECTION 6. GENERAL REQUIREMENTS.
1. A building permit and an electrical permit shall be required for installation of all
battery energy storage systems.
2. 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”)].
3. 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
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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 permitted 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.
1. Applications for the installation of Tier 2 Battery Energy Storage System shall be:
a. 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, Signage, 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;
b. 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;
i. Referred to the County Planning Department pursuant to General
Municipal Law § 239-m if required;
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ii. 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.
2. Utility Lines and Electrical Circuitry. 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
new interconnection equipment, including without limitation any poles, with new
easements and right-of-way.
3. Signage.
a. 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.
b. 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.
4. Lighting. Lighting of the battery energy storage systems shall be limited to that
minimally required for safety and operational purposes and shall be reasonably
shielded and downcast from abutting properties.
5. 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.
6. 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 of any non-participating residence or occupied
community building. Applicants may submit equipment and component
manufacturers noise ratings to demonstrate compliance. The applicant may be required
to provide Operating Sound Pressure Level measurements from a reasonable number
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of sampled locations at the perimeter of the battery energy storage system to
demonstrate compliance with this standard.
7. Decommissioning Plan.
a. 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:
i. 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;
ii. Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations;
iii. The anticipated life of the battery energy storage system;
iv. The estimated decommissioning costs and how said estimate was
determined;
v. The method of ensuring that funds will be available for
decommissioning and restoration;
vi. The method by which the decommissioning cost will be kept
current;
vii. 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; and
viii. 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.
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ix. 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.
8. 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:
a. Property lines and physical features, including roads, for the project site;
b. Proposed changes to the landscape of the site, grading, vegetation clearing
and planting, exterior lighting, and screening vegetation or structures.
c. 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.
d. 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.
e. Name, address, and contact information of proposed or potential 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.
i. 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.
ii. Zoning district designation for the parcel(s) of land comprising the
project site.
9. 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
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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 initial 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.
10. Fire Safety Compliance Plan. Such plan shall document and verify that the system and
its associated controls and safety systems are in compliance with the Uniform Code.
11. 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.
a. Erosion and sediment control and storm water management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and the Town of Cortlandville laws and regulations, if
applicable.
b. 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.
12. 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 shutting down equipment,
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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.
i. 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.
ii. 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.
iii. 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.
iv. 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,
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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, the 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.
1. 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:
a. UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary
Power and Light Electric Rail Applications);
b. UL 1642 (Standard for Lithium Batteries);
c. UL 1741 or UL 62109 (Inverters and Power Converters);
d. Certified under the applicable electrical, building, and fire prevention codes
as required; and
e. 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.
2. Site Access.
3. Battery energy storage systems shall be maintained in good working order and in
accordance with industry standards. Site access shall be maintained, including snow
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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.
4. 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.
1. 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 extend 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.
2. 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.