[Added 3-1-2022 by L.L. No. 3-2022]
This battery energy storage system Law is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10(1) and (7); Sections 261 through 263 of the Town Law and Section 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town of Seneca Falls to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
This Battery Energy Storage System Law is adopted to advance
and protect the public health, safety, and welfare of the Town of
Seneca Falls by creating regulations for the installation and use
of battery 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 protect the health, welfare, safety, and quality of life for the
general public;
C.
To ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems;
D.
To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
E.
To create synergy between battery energy storage system development
and the Town's Solar Energy, Wind Energy Conversion Systems, and Zoning
Codes.
As used in this article, the following terms shall have the
meanings indicated:
American National Standards Institute.
An electronic system that protects batteries from operating
outside their safe operating parameters and generates an alarm and
trouble signal for off normal conditions.
A rechargeable energy storage system consisting of batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment. The system is typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding,
load sharing, smoothing and dispatching of intermittent renewable
energy sources, or similar capabilities. A battery energy storage
system is classified as a Tier 1, Tier 2, or Tier 3 battery energy
storage system as follows:
Tier 1 battery energy storage systems include either:
Battery energy storage systems for one- to two-family residential
dwellings within or outside the structure with an aggregate energy
capacity that shall not exceed:
Other battery energy storage systems with an aggregate energy
capacity less than or equal to the threshold capacity listed in Table
1.
|
Table 1: Battery Energy Storage System Tier 2 Threshold Quantities
| |
|---|---|
|
Battery Technology
|
Capacity
|
|
Flow batteries
|
20 kWh
|
|
Lead acid, all types
|
70 kWh
|
|
Lithium, all types
|
20 kWh
|
|
Nickel cadmium (Ni-Cd)
|
70 kWh
|
|
Nickel metal hydride (Ni-MH)
|
70 kWh
|
|
Other battery technologies
|
10 kWh
|
Tier 2 battery energy storage systems include battery energy
storage systems that are not included in Tier 1, have an aggregate
energy capacity greater than the threshold capacity listed in Table
1, and have an aggregate energy capacity less than 600 kWh.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this article, batteries utilized in consumer products are excluded
from these requirements.
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.
A building that is built for the primary intention of housing
battery energy storage system equipment and is classified as Group
F-1 occupancy as defined in the International Building Code. It is
constructed in accordance with the Uniform Code, and it complies with
the following:
The building's only permitted primary use is for battery energy
storage, energy generation, and other electrical grid-related operations.
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.
No other occupancy types are permitted in the building.
Administrative and support personnel are permitted in incidental-use
areas within the buildings that do not contain battery energy storage
systems, provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the incidental-use areas
to a public way that does not require occupants to traverse through
areas containing battery energy storage systems or other energy systems.
One or more rooms arranged for complete, independent housekeeping
purposes with space for eating, living, and sleeping; facilities for
cooking; and provisions for sanitation.
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.
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.
A type of battery that uses typically large, separated liquid
reservoirs of electrolytes that flow through a reaction zone to store,
charge, and discharge energy, and include vanadium, zinc-bromine,
polysulfide-bromide, and other flowing electrolyte type technologies.
These electrolytes are typically nonflammable.
Abbreviation for kilowatt-hour, which is a measure of the
energy capacity of a battery and a battery energy storage system.
A battery that is comprised of lead electrodes immersed in
sulfuric acid electrolyte. These batteries may be flooded, vented,
sealed, or may come in other configurations. They may produce hazardous
gases during normal operations.
A battery with lithium ions serving as the charge carriers
of the battery. The electrolyte is typically a mixture of organic
solvents with an inorganic salt and can be in a liquid or a gelled
polymer form.
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.
National Electric Code.
National Fire Protection Association.
A rechargeable battery in which the positive active material
is nickel oxide and the negative active material contains hydrogen
ions stored in a metal-hydride structure (referred to as a Nickel-metal
hydride or Ni-MH battery), and the electrolyte is potassium hydroxide.
A rechargeable battery in which the positive active material
is nickel oxide and the negative active material contains zinc (referred
to as a "Nickel-zinc" or "Ni-Zn" battery) as the electrode, and the
electrolyte is potassium hydroxide. A Nickel-zinc battery is considered
an "other battery technology" for the purposes of Table 1.
A rechargeable battery in which the positive active material
is nickel oxide and the negative active material contains cadmium
(referred to as a Nickel-cadmium or Ni-Cd battery), and the electrolyte
is potassium hydroxide.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements, including
all other occupancy types such as, but not limited to, commercial,
industrial, offices, and multifamily housing.
Any property that is not a participating property.
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.
A building that contains not more than two dwelling units
with independent cooking and bathroom facilities.
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 battery energy storage system is constructed on the property.
The land area covered by the floodwaters of the base flood
is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is
the area where the National Flood Insurance Program's (NFIP's) floodplain
management regulations must be enforced and the area where the mandatory
purchase of flood insurance applies.
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.
A.
The requirements of this article shall apply to all battery energy
storage systems permitted, installed, or modified in Town of Seneca
Falls after the effective date of this article, excluding general
maintenance and repair.
B.
Battery energy storage systems constructed or installed prior to
the effective date of this article shall not be required to meet the
requirements of this article.
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 this article.
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 Town of Seneca Falls 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) are 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
Seneca Falls Town Code.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts and shall be subject to the battery energy storage
system permit and exempt from site plan review.
Tier 2 battery energy storage systems shall be permitted in
all zoning districts shall be subject to the battery energy storage
system permit and are exempt from site plan review.
Tier 3 battery energy storage systems are conditionally permitted within the Agricultural Districts A-1 and A-2, Industrial M-1 District and Refuse Disposal and Reclamation District M-2 through the issuance of a site plan review approval and special use permit approval by the Town of Seneca Falls Planning Board pursuant to this chapter and in accordance with Chapter 300, Article XIII of the Code of the Town of Seneca Falls, and subject to the site plan review application requirements set forth in this section.
A.
Applications for the installation of Tier 3 battery energy storage
system shall be:
(1)
Reviewed by the Code Enforcement Officer, Seneca Falls Planning
Board and Zoning Board of Appeals, as needed for completeness. An
application shall be complete when it addresses all matters listed
in this article 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, 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 Seneca Falls shall
have a notice printed in a local newspaper of general circulation
in the Town of Seneca Falls at least five business days in advance
of such hearing. Applicants shall have delivered the notice by first-class
mail to adjoining landowners or landowners within 500 feet of the
subject property at least 10 days prior to such hearing. Proof of
mailing shall be provided to the Town of Seneca Falls Planning Board
at the public hearing.
(3)
Referred to the Seneca County Planning Board pursuant to General
Municipal Law § 239-m if required. Further coordination
with Seneca County Emergency Management Office will also be required
at the discretion of Seneca County Planning Board.
Upon closing of the public hearing, the Seneca Falls Planning
Board shall act on the application within 62 days of the public hearing,
which can include approval, approval with conditions, or denial. The
sixty-two-day period may be extended upon consent by both the Seneca
Falls Planning Board and applicant.
B.
Floodplain. The applicant of battery energy storage systems shall
obtain necessary local floodplain development permits if proposed
within special flood hazard areas.
C.
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.
D.
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
twenty-four-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.
E.
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.
F.
Vegetation and tree-cutting. Areas within 10 feet on each side of
Tier 3 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.
G.
Noise. The one-hour average noise generated from the battery energy
storage systems, components, and associated ancillary equipment shall
not exceed a noise level of 50 dBA as measured to the boundaries of
all adjoining parcels of any nonparticipating properties. 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 of sampled
locations at the perimeter of the battery energy storage system to
demonstrate compliance with this standard.
H.
Decommissioning.
(1)
Decommissioning plan. The applicant shall submit a decommissioning
plan developed in accordance with the Uniform Code, containing a narrative
description of activities to be accomplished for removing the energy
storage system form service, and from the facility in which it located.
The decommissioning plan shall also include: i) the anticipated life
of the battery energy storage system; ii) the estimated decommissioning
costs; iii) how said estimate was determined; iv) the method of ensuring
that funds will be available for decommissioning and restoration;
v) the method that the decommissioning cost will be kept current;
vi) the manner in which the battery energy storage system will be
decommissioned, and the site restored; and vii) a listing of any contingencies
for removing an intact operational energy storage system from service,
and for removing an energy system form service that has been damaged
by a fire or other event.
(2)
Decommissioning fund. The applicant, or successors, shall continuously
maintain a fund or bond payable to the Town of Seneca Falls in a form
approved by the Town of Seneca Falls Town Board for removal of the
battery energy storage system, in an amount to be determined by the
Town of Seneca Falls 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.
I.
Site plan application. The site development 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)
A one- or three-line 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 the 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.
(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, referenced in Appendix 1, 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. Battery energy storage system commissioning
shall be conducted by a New York State (NYS) Licensed Professional
Engineer or NYS Registered Architect 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 initial
acceptance testing required in the Uniform Code shall be provided
to the Code Enforcement Officer prior to final inspection and approval
and maintained at an approved on-site location. Energy storage system
commissioning shall not be required for lead-acid and nickel-cadmium
battery systems at facilities under the exclusive control of communications
utilities that comply with NFPA 76 and operate at less than 50 VAC
and 60 VDC.
(9)
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.
(10)
System and property 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 Code Enforcement Officer, but not required as part of the application,
engineering documents must be signed and sealed by a NYS licensed
professional engineer or NYS registered architect.
(13)
An emergency operation plan per requirements set forth in Appendix
2.
J.
Site development plan approval standards.
(1)
Setbacks. Tier 3 battery energy storage systems shall comply
with the setback requirements of the underlying zoning district for
principal structures.
(2)
Height. Tier 3 battery energy storage systems shall comply with
the building height limitations for principal structures of the underlying
zoning district.
(3)
Fencing requirements. Tier 3 battery energy storage systems,
including all mechanical equipment, shall be enclosed by an eight-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 3 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.
K.
Ownership changes. If the owner of the battery energy storage system
changes or the owner of the property changes, the site development
plan approval shall remain in effect, provided that the successor
owner or operator assumes in writing all of the obligations of the
site development plan approval and decommissioning plan. A new owner
or operator of the battery energy storage system shall notify the
Code Enforcement Officer (CEO) 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 CEO 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 CEO in the required time frame. Reinstatement
of a void site development plan approval will be subject to the same
review and approval processes for new applications under this article.
A.
System certification.
(1)
Battery energy storage systems and equipment shall be listed
by a nationally recognized testing laboratory to UL 9540 or CAN 9540
(Standard for Battery Energy Storage Systems and Equipment) with subcomponents
meeting each of the following standards that are applicable based
on the storage type (electrochemical, thermal, mechanical):
(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.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
Lead-acid and nickel-cadmium battery systems installed in facilities
under the exclusive control of communications utilities and operating
at less than 50 VAC and 60 VDC in accordance with NFPA 76 are not
required to be listed.
B.
Site access. 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 3 battery energy storage
system is located in an ambulance district, the local ambulance corps.
C.
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.
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/or 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, the
applicant or the Town of Seneca Falls 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.
B.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town of Seneca Falls may, at its discretion,
utilize the available bond and/or financial security for the removal
of a Tier 3 battery energy storage system and restoration of the site
in accordance with the decommissioning plan.
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 Seneca Falls.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
