[Added 9-8-2020 by L.L. No. 5-2020]
As used in this section, the following terms shall have the
meanings indicated:
American National Standards Institute.
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 chapter, batteries utilized in consumer products are excluded
from these requirements.
An electronic system that protects storage 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 electrochemical
storage batteries, battery chargers, controls, power conditioning
systems and associated electrical equipment designed to provide electrical
power to a building. The system is typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding,
load sharing, 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:
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. It shall be constructed in
accordance with the Uniform Code, and it complies with the following:
The New York State Energy Conservation Construction Code adopted pursuant to Article II of the Energy Law, as currently in effect and as hereafter amended from time to time.
International Fire Code.
National Electric Code.
National Fire Protection Association.
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 chapter shall apply to all battery energy
storage systems permitted, installed, or modified in the Town of Mount
Hope after the effective date of this chapter.
B.
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 chapter.
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") and all applicable provisions of the Town Code of the Town of Mount Hope, including, but not limited to, Chapter 108 contained herein.
C.
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 Code
of the Town of Mount Hope.
Battery energy storage systems are permitted upon site plan
review by the Planning Board in the LB, LB-2, and B-1 zoning districts
and subject to the applicable fire prevention code and site plan application
requirements set forth in this section.
A.
Applications for the installation of a battery energy storage system
shall be:
(1)
Reviewed by the Code Enforcement and, if necessary, the Town's
engineer for completeness. An application shall be complete when it
addresses all matters listed in this chapter including, but not necessarily
limited to:
(a)
Compliance with all applicable provisions of the Uniform Code
and all applicable provisions of the Energy Code; and
(b)
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.
(3)
Referred to the Orange 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 sixty-two-day
period may be extended upon consent by both the Planning Board and
applicant.
B.
Floodplain. No battery storage energy system shall be proposed within
special flood hazard areas.
C.
Setbacks. The setback requirements for any battery energy storage
system and battery energy storage management system shall be twice
the amount of the setback requirements of the zoning district in which
it is located as enumerated by the Schedule of District Regulations[1] of the Town of Mount Hope.
[1]
Editor's Note: Said schedules are included as attachments
to this chapter.
D.
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.
E.
Signage. The signage shall be in compliance with ANSI 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.
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.
F.
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.
All lighting shall be consistent with the rules and regulations of
this chapter.
G.
Vegetation and tree cutting. Areas within 10 feet on each side of
a battery energy storage system 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.
H.
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 60 dBA as measured at the outside wall
of any nonparticipating residence and 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 of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
I.
Screening. Adequate screening, as determined by the Planning Board,
shall be required as part of the Planning Board approval.
J.
Decommissioning.
(1)
Decommissioning plan. The applicant shall submit a decommissioning
plan, which shall 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; and vi)
the manner in which the battery energy storage system will be decommissioned
and the site restored.
(2)
Decommissioning fund. The applicant, or successors, shall continuously
maintain a fund or bond payable to the Town of Mount Hope in a form
approved by the Town of Mount Hope for the removal of the battery
energy storage system, in an amount to be determined by the Town of
Mount Hope 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.
K.
Site plan application. For a battery energy storage system site plan
approval shall be required. Any site plan application shall conform
to the requirements of the Zoning Law of the Town of Mount Hope. The
following additional information shall be provided as part of the
site plan review procedure:
(1)
Commissioning plan. Such plan shall document and verify that the
system and its associated controls and safety systems are in proper
working condition. 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 Appendix 1[2] shall be provided to Planning Board prior to final inspection
and approval and maintained at an approved on-site location.
[2]
Editor's Note: Appendix 1 is on file in the Town offices.
(2)
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 applicable fire prevention code.
(3)
System and property operations and maintenance plan. Such plan shall
describe continuing battery energy storage system maintenance and
property upkeep, as well as design, construction, installation, testing
and commissioning information.
(4)
An emergency operation plan.
A.
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.
B.
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.
Any violation of this section 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 Mount Hope.
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.
