[[1]HISTORY: Adopted by the Town Board of the Town of Southampton 8-22-2023 by L.L. No. 28-2023. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 314, Moratorium: Special Old Filed
Map Overlay District, adopted 5-22-2007 by L.L. No. 26-2007, amended 11-13-2007 by L.L. No.
53-2007 and 2-26-2008 by L.L. No. 12-2008, expired 5-22-2008.
The complete text of this moratorium is on file in the Town offices.
A list of expired moratoriums is included at the end of this Code.
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:
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.
This moratorium shall be in effect for a period of six months
following adoption of this chapter, and the filing of the same with
the Secretary of State. The same may be extended by appropriate action
of the Town Board.
None.
A.Â
Applications may be exempted from the provisions of this chapter
following a public hearing on due notice before the Town Board. Upon
such application, the Town Board shall consider:
(1)Â
The size of the subject parcel;
(2)Â
The proximity of the applicant's premises to pine barrens, wetlands,
endangered plant and animal species, wildlife, and other similar environmental
concerns;
(3)Â
The extent of the proposed development and/or disturbance of the
applicant's premises;
(4)Â
The environmental significance, if any, of the applicant's parcel
and the proposed development's impact upon the environment, including
existing transportation resources;
(5)Â
Compatibility of the proposed development with the aesthetic resources
of the community or with the existing community or neighborhood character;
and
(6)Â
Compatibility of the proposed development with the recommendations
of the 1970 Master Plan, the 1999 Comprehensive Plan Update and all
adopted Comprehensive Plans and plan elements henceforth.
B.Â
In making
a determination under this subsection, the Town Board may obtain and
consider written reports from the Department of Land Management and
such other sources as required in the judgment of the Town Board and
consistent with the purpose of this chapter. A grant of an exemption
to an applicant's premises shall include a determination of hardship
and unique circumstances which do not generally apply throughout the
Town and a finding that the grant of an exemption will be in harmony
with, and will not be unduly disruptive to, the goals and purposes
of the assessment undertaken pursuant to this chapter.
C.Â
An application
under this subsection shall be accompanied by a fee of $1,000 and
18 copies of the application, together with the applicant's written
undertaking to pay all out-of-pocket costs incurred by the Town in
studies and/or by retainer of resource personnel relating to the hearing,
review, and determination of such application, in form and substance
acceptable to 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.
