[HISTORY: Adopted by the Town Board of the Town of Binghamton 10-18-2022 by L.L. No.
5-2022. Amendments noted where applicable.]
This chapter is adopted pursuant to §§ 261 through
263 of the Town Law and § 20 of the Municipal Home Rule
Law of New York State (NYS), which authorize the Town to adopt zoning
provisions that advance and protect the health, safety and welfare
of the community and, in accordance with NYS Town Law, "to make provision
for, so far as conditions may permit, the accommodation of battery
energy storage systems and equipment."
This chapter is adopted to advance and protect the public health,
safety and welfare of the Town by creating regulations for the installation
and use of battery energy storage systems and equipment.
A.
The requirements of this chapter shall apply to all battery energy
storage systems permitted, installed, or modified in the Town after
the effective date of this chapter, excluding general maintenance
and repair.
B.
Battery energy storage systems that have a valid building permit
or have been constructed or installed prior to the effective date
of this chapter shall not be required to meet the requirements of
this chapter.
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 chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standards Institute.
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.
A system consisting of electrochemical storage batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment designed to provide electrical power capable
of storing energy in order to supply electrical energy at a future
time, not to include a stand-alone twelve- and twenty-four-volt vehicle
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:
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.
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.
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.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
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 formalized plan submitted at the time of submission of
a site plan to ensure proper and complete removal of a battery energy
storage system and restoration of the property.
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 Uniform Building Code, and complies with
the following:
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
No other occupancy types are permitted in the building.
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.
Administrative and support personnel are permitted in 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 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.
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 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.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements identified
in this chapter.
Any property that is not a participating property.
Any residence located on nonparticipating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the Uniform Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
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.
Underwriters Laboratory, an accredited standards developer
in the U.S.
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.
General requirements.
(1)
A building permit and an electrical permit shall be required for
installation of all battery energy storage systems.
(2)
Fee. The following fees as set by resolution of the Town Board must
be paid at the time of submission of the application for a building
permit, an amended building permit or renewal of a building permit.
Additional funds may be required to be held in escrow to pay all Town
costs and expenses for engineering or other professional services
in review and approval of the application.
(3)
Liability insurance: proof of all required contractor insurances, including liability, automobile and workers' compensation, when applying for a Tier 1 and Tier 2 battery energy storage system building permit. Tier 2 battery energy storage system owners/operators must put in place and maintain all required insurances as detailed in § 90-5D(9) of this chapter. Failure to obtain and maintain insurance shall result in revocation of the building permit and/or certificate of occupancy or compliance.
(4)
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 Code.
B.
Tier 1 battery energy storage systems shall be permitted in all zoning
districts as an accessory use subject to the Uniform Code and the
battery energy storage system permit, and shall be shown on plans
submitted for the building permit application for the building containing
the system. Tier 1 battery energy storage systems are exempt from
site plan review.
(1)
Battery energy storage systems for one- or two-family residential
dwelling units shall not exceed an aggregate energy capacity of the
following:
(2)
All outside Tier 1 battery energy storage systems shall only be installed
in side or rear yards and meet the minimum lot size and standard setbacks
in the zoning district for principal structures. Heights are limited
to 6.5 feet for any external battery energy storage systems.
(3)
All outside Tier 1 battery energy storage systems shall provide a
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.
(4)
All outside Tier 1 battery energy storage systems shall not have
an area greater than 225 square feet for a single energy storage system,
and all systems in the aggregate shall not occupy more than 25% of
the area of the required rear or side yard.
(5)
All Tier 1 battery energy storage systems shall be required to have
on-site fire suppression equipment as dictated by the New York State
Fire Code.
(6)
Right to inspect. If the Code Enforcement Officer receives a complaint
or requests access to the battery energy storage system, the property
owner shall allow the Code Enforcement Officer, along with any electrical,
fire or other professional inspector, access to the property and the
system. If it is determined after inspection that a hazard has been
identified, the battery energy storage system shall be removed, replaced
or remedied within 90 days of notice from the Code Enforcement Officer.
(7)
Abandonment and decommissioning. Any Tier 1 battery energy storage
system which has been determined to be nonfunctioning or abandoned
shall be decommissioned and removed. The owner of the system and owner
of the land upon which the system is located shall be jointly and
severally responsible to physically remove and properly dispose of
all components of the system within three months of the determination
of the system to be nonfunctioning or abandoned.
C.
Requirements for Tier 2 battery energy storage systems.
(1)
A Tier 2 battery energy storage system is not allowed in a residential
or rural residential zoned district.
(3)
All Tier 2 battery energy storage systems may be subject to the Town's Road Use and Preservation Local Law (Chapter 171, Road Use and Preservation).
(4)
Site plan application. For the installation of Tier 2 battery energy
storage systems, the following site plan requirements apply:
(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, and exterior lighting.
(c)
A screening and landscaping plan to show adequate measures to
screen, through landscaping, grading or other means, so that views
of the storage systems shall be minimized as reasonably practical
and feasible from public roadways and adjacent properties.
(d)
Location of the battery energy storage system and setbacks from
property lines must meet all applicable setback and location requirements
for principal and/or accessory structures in the zoning district in
which it is located.
(e)
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 overcurrent devices.
(f)
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 a building permit.
(g)
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 a building permit.
(h)
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.
(i)
Zoning district designation for the parcel(s) of land comprising
the project site.
(j)
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 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 Building Inspector prior to final inspection and approval and
shall be maintained at an approved on-site location.
(k)
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.
(l)
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.
(m)
Erosion and sediment control and stormwater 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.
(n)
Prior to the issuance of the building permit, recommendation
by the Planning Board, and final approval by the Town Board, it shall
be required that the applicant provide engineering documents signed
and sealed by a NYS-licensed professional engineer.
(o)
Emergency operations plan. A copy of the emergency operations
plan reviewed by the Town Engineer, fire company, Code Enforcement
Officer and approved by the Town Board shall be provided by the system
owner and copies given to the property owner (if applicable), the
local fire department and the local code official. Digital and hard
copies shall be provided to the Town Code Enforcement Officer and
fire company. 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:
[1]
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.
[2]
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
[3]
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, summoning service and repair personnel, and providing
agreed upon notification to fire company personnel for potentially
hazardous conditions in the event of a system failure.
[4]
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 company, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
[5]
The owner/operator of the battery energy storage system, at
its sole expense, shall dispatch fire mitigation personnel to respond
to any long-term emergency incident, possible reignition of a damaged
battery energy storage system and remain on duty after the fire company
leaves the premises until the damaged battery energy storage equipment
is removed from the premises.
[6]
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
[7]
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. Any hazardous
material must be removed by a qualified company with notice to the
fire company.
[8]
Other procedures as determined necessary by the Town to provide
for the safety of occupants, neighboring properties, and emergency
responders.
[9]
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.
(p)
Decommissioning plan. Such plan shall be required prior to the installation of the BES and of the project, including removal of the battery energy storage equipment, cost estimate by a qualified professional engineer estimating the full cost of decommissioning, removal and proper disposal of the battery energy storage system, and restoration of the property back to its original state to be performed by the lessor and/or landowner or any successors in interest thereof at the lessor's and/or landowner's expense and provide cash or a letter of credit for the cost of the decommissioning should any lessor and/or landowner fail to perform the decommissioning of the project. Refer to § 90-5D(10), Security, of this chapter.
(q)
The lessor, project owner and landowner shall be required to
enter into a decommissioning agreement with the Town.
D.
Conditional use permit. In addition to the other conditional use
standards in this chapter, the following conditional use permit standards
shall apply for Tier 2 battery energy storage systems:
(2)
Screening and visibility. Tier 2 battery energy storage systems shall
be screened to the maximum extent practicable from public roadways
and adjacent properties through the use of architectural features,
earth berms, landscaping, fencing or other screening methods which
harmonize with the character of the subject property and the surrounding
area. The screening shall not, however, interfere with the normal
operation, ventilation or exhaust ports, or fire safety of the storage
system. A covenant regarding the maintenance of any required screening
shall be provided by the applicant.
(3)
Access. Vehicular access within the site shall be designed to minimize
the extent of impervious materials and soil compaction and meet any
applicable emergency access or safety requirements. Minimum access
gate size is 20 feet. A Knox-Box® on
the fence is required to be installed by the applicant and/or owner/operator.
(4)
Trees and vegetation. The clearing of vegetation shall be limited
to that which is necessary for the construction, operation and maintenance
of the Tier 2 battery energy storage system.
(a)
Areas within 20 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 cover shall be permitted to be exempt, provided that they
do not form a means of readily transmitting fire.
(b)
Tree removal shall be subject to site plan review pertaining
to tree replacement and/or other mitigation.
(c)
Battery energy storage systems shall not be sited within any
required buffer areas.
(5)
Fencing. All mechanical equipment shall be enclosed by a six-and-one-half-foot-high
fence with a locking gate to prevent unauthorized access, unless housed
in a dedicated-use building and not interfering with ventilation or
exhaust ports.
(6)
Lighting. Lighting of the battery energy storage systems shall be
limited to lighting that is minimally required for safety and operational
purposes and shall be reasonably shielded, downcast and not encroach
on abutting properties.
(7)
Coverage. The battery energy storage system shall be included in
calculating maximum permitted building coverage for the applicable
zoning district.
(9)
Liability insurance.
(a)
An owner/operator of a Tier 2 battery energy storage system
shall secure, and at all times maintain, public liability insurance
to cover any personal injuries, death and property damage, and umbrella
insurance coverage for the duration of the battery energy storage
system in the amounts set forth below:
(b)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least "A."
(c)
Renewal or replacement policies or certificates shall be delivered
to the Town at least 15 days before the expiration of the insurance
which such policies are to renew or replace.
(d)
Prior to initiation of the construction of the battery energy
storage system but no later than 15 days after the grant of the Town's
approval, the holder of the site plan approval must deliver to the
Town a copy of each of the policies or certifications representing
the insurance in the required amounts.
(10)
Security.
(a)
A cash deposit or letter of credit in an amount and form acceptable
to the Town Attorney and Town Engineer shall be submitted to the Town,
and shall be in an amount sufficient to ensure the good faith performance
of the terms and conditions of the permit issued pursuant hereto,
and shall also provide for the removal of the battery energy storage
system and restoration of the lot subsequent to removal. The amount
of the cash deposit, letter of credit or other security shall be 125%
of the cost of removal of the battery energy storage system and restoration
of the property with an escalator of 2% annually for the life of the
battery energy storage system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit
or letter of credit shall be forfeited to the Town, which shall be
entitled to maintain an action thereon. The cash deposit, letter of
credit or other security shall remain in full force and effect until
restoration of the property as set forth in the decommissioning plan
is completed.
(c)
In the event of default or abandonment of the battery energy
storage system, the system shall be decommissioned as set forth herein.
(11)
Abandonment.
(a)
Upon cessation of electricity generation of a battery energy
storage system on a continuous basis for 12 months, the Town may notify
and instruct the owner and/or operator of the battery energy storage
system to implement the decommissioning plan. The decommissioning
plan must be completed within 360 days of notification.
(b)
The owner/operator of the battery energy storage system must
submit an annual report to the Code Enforcement Officer. Failure to
submit an annual report may be deemed as abandonment of the battery
energy storage system and could also result in revocation of the certificate
of compliance and/or certificate of occupancy.
(c)
If the owner and/or operator fails to comply with decommissioning
upon abandonment of the battery energy storage system, the Town may,
at its discretion, utilize the cash deposit or letter of credit for
the removal of the battery energy storage system and restoration of
the site in accordance with the decommissioning plan.
(12)
Decommissioning. Battery energy storage systems that have been abandoned
and/or not producing electricity for a period of one year shall be
removed at the owner's and/or operator's expense, which
may come from any security made with the Town as set forth herein.
The owner/operator must notify the Code Enforcement Officer and fire
company prior to commencing decommissioning.
(13)
Ownership or operator changes. If the owner or operator of the battery
energy storage system changes or the owner of the property changes,
the conditional use permit shall remain in effect, provided that the
successor owner or operator assumes, in writing, all of the obligations
of the conditional use permit, site plan approval and decommissioning
plan, including providing a letter of credit or cash escrow deposit
as security for decommissioning. A new owner or operator of the battery
energy storage system shall notify the Code Enforcement Officer of
such change in ownership or operator within 30 days of the ownership
or operator change. A new owner or operator must provide such notification
to the Code 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 Building Inspector in the required time frame.
Reinstatement of a void permit will be subject to the same review
and approval processes for new applications under this chapter.
E.
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.
F.
Noise. The noise generated from the battery energy storage systems,
components, and associated ancillary equipment shall meet the Town's
noise requirement. Applicants may submit equipment and component manufacturer's
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.
G.
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.
The sign shall be placed on the front fence of the system.
(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.
H.
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
prior to the issuance of a building permit. The decommissioning plan
shall include:
(1)
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;
(2)
Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations;
(3)
The anticipated life of the battery energy storage system;
(4)
The estimated decommissioning costs and how said estimate was determined;
(5)
The method of ensuring that funds will be available for decommissioning
and restoration;
(6)
The method by which the decommissioning cost will be kept current;
(7)
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
(8)
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.
I.
An application shall not be deemed complete unless it addresses all
matters listed in this section, including, but not necessarily limited
to, compliance with all applicable provisions of the Uniform Code
and all applicable provisions of the Energy Code and matters relating
to the proposed battery energy storage system and floodplain, utility
lines and electrical circuitry, signage, lighting, vegetation and
tree cutting, noise, decommissioning, ownership changes, safety, and
permit time frame and abandonment.
J.
Safety; 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)
with subcomponents meeting each of the following standards as applicable:
(1)
UL 1973 (standard for batteries for use in stationary, vehicle auxiliary
power, and light electric rail applications);
(2)
UL 1642 (standard for lithium batteries);
(3)
UL 1741 or UL 62109 (inverters and power converters);
(4)
Certified under the current applicable electrical, building, and
fire prevention codes as required;
(5)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540, UL 9540A and current applicable codes,
regulations and safety standards may be used to meet system certification
requirements.
K.
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 company and, if the Tier 2 battery energy storage
system is located in an ambulance district, the local ambulance corps.
The Town Code Enforcement Officer shall have access to the site for
inspections and other matters. The Town Code Officer may bring other
officials on site, including the Town Engineer and fire company, with
him as needed at the operator's and/or owner's expense.
L.
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.
In the event of a violation of this chapter, the Town Board may impose
and collect fines and/or penalties from the owner and/or operator
of the battery energy storage system as set forth below.
B.
A violation of this chapter is hereby declared to be an offense punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of $1,500 or imprisonment for
a period not to exceed 15 days, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine of $2,000 or imprisonment
for a period not to exceed 15 days, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter or such ordinance or regulation shall be
deemed misdemeanors and, for such purpose only, all provisions relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
C.
Notwithstanding anything in this chapter, the owner and/or operator
of a battery energy storage system may not use the payment of fines,
liquidated damages or other penalties to evade or avoid compliance
with this chapter or any section of this chapter. An attempt to do
so will subject the owner and/or operator of the battery energy storage
system to termination and revocation of the building permit, certificate
of compliance and/or certificate of occupancy. The Town may also seek
injunctive relief to prevent the continued violation of this chapter
without limiting other remedies available to the Town.
D.
The penalty for failure to maintain insurance shall also include
revocation of the building permit, certificate of occupancy and/or
certificate of compliance in addition to the fines state above.
A.
If a battery energy storage system is repaired, rebuilt, placed,
moved, relocated, modified or maintained in a way that is inconsistent
or not in compliance with the provisions of this chapter, then the
Code Enforcement Officer shall notify the owner and/or operator of
the battery energy storage system, in writing, of such violation.
Such notice shall specify the nature of the violation or noncompliance
and that the violation(s) must be corrected within seven days of the
date of the postmark of the notice or the date of personal service
of the notice, whichever is earlier. Notwithstanding anything to the
contrary in this subsection or any other section of this chapter,
if the violation causes, creates or presents an imminent danger or
threat to the health or safety of lives or property, the Code Enforcement
Officer may, at his sole discretion, order the violation remedied
within 24 hours.
B.
If, within the period set forth in Subsection A above, the battery energy storage system is not brought into compliance with the provisions of this chapter or substantial steps are not taken in order to bring the affected battery energy storage system into compliance, the Code Enforcement Officer may revoke the building permit, certificate of occupancy or certificate of compliance and shall notify the owner and/or operator of the battery energy storage system within 48 hours of such action.
The Code Enforcement Officer is authorized to issue stop-work
orders pursuant to this section. The Code Enforcement Officer shall
issue a stop-work order to halt:
A.
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code or Energy
Code, the Zoning Code[1] or any other general or local laws, ordinances, rules
or regulations, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether
a building permit has or has not been issued for such work;
B.
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
C.
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
If any of the provisions of this chapter are found to be in
conflict with other provisions of this Code, the provisions of this
chapter shall be controlling.
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.
If a permit for a Tier 1 or Tier 2 battery energy storage system
is denied because of a conflict with other laws, including zoning
laws of the Town,[1] the applicant may appeal to, or apply for relief or a
variance from, the Zoning Board of Appeals, which shall regard battery
energy storage as a factor to be considered, weighed and balanced
along with other factors, including the statutory factors for variances.
Fee schedules for the battery energy storage system shall be
applicable as follows:
|
Project Size
(kWh)
|
Application Fee
|
|---|---|
|
80 or less
|
$125
|
|
81 to 200
|
$300
|
|
201 to 400
|
$450
|
|
401 to 600
|
$600
|
|
601 to 800
|
$750
|
|
801 to 999
|
$900
|
|
1,000 +
|
$1,000 for the first 1,000 kWh, plus an additional $50 per each
additional 100 kWh
|
This chapter shall take effect immediately upon filing in the
office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
