[Added 4-4-2023 by L.L. No. 11-2023]
The Battery Energy Storage System Law is adopted to advance
and protect the public health, safety, welfare, and quality of life
of the Town of Riverhead 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 ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems;
C.
To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
As used in this article, 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 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.
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 systematic process that provides a narrative and plan for
the removal/proper disposal and reclamation of a battery energy storage
system, and its site, at the end of its useful life and/or as the
result of damage by fire or other event.
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 New York State 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.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-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:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh 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 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
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.
Shall include the total square footage of the perimeter of
all of the dedicated-use buildings and/or structures housing a battery
energy storage system, inclusive of all interior spaces between the
dedicated use buildings and/or structures housing a battery energy
storage system, in addition to driveways and service roads (paved
or stone), and all accessory equipment, buildings and structures.
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.
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 New York State 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 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 the Town of Riverhead
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.
All battery energy storage systems, all dedicated-use buildings,
and all other buildings or structures that contain or are otherwise
associated with a battery energy storage system and 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 Riverhead
Town Code.
Tire 1 battery energy storage systems shall be permitted in all zoning districts, are subject to general requirements pursuant to § 301-283.29, and are exempt from special permit requirement and site plan review.
Tier 2 battery energy storage systems are permitted through the issuance of a special permit by the Town Board pursuant to Article LVII within the Industrial A, Industrial C, Planned Industrial Park Agricultural Protection, and Residence A-80 Zoning Use Districts and shall be subject to site plan review by the Planning Board pursuant to Article LVI and as follows:
A.
Utility lines and electrical circuitry. All on-site utility lines
shall be placed underground to the extent practicable.
B.
Parcels upon which battery energy storage systems are placed shall
adhere to the standards as set forth below:
(1)
The minimum lot area for all Business and Industrial District
parcels proposing Tier 2 battery energy storage systems shall be 40,000
square feet.
(2)
For all residentially zoned parcels proposing Tier 2 battery
energy storage, the parcel shall be located within 1,000 feet of an
existing LIPA Substation or commercial solar energy production system.
(3)
The minimum lot size for residentially zoned properties proposing
Tier 2 battery energy storage systems shall be 80,000 square feet.
(4)
The maximum lot coverage for Tier 2 battery energy storage systems
shall be 75% in any zone.
(5)
The maximum height of structures dedicated to Tier 2 battery
energy storage systems shall be 20 feet.
(6)
The minimum required side and rear yard setback shall be 10
feet; the minimum side yard setback shall be 25 feet when adjacent
to property zoned or containing a residential use.
(7)
The minimum screening within required yards shall include landscape
plantings to be erected and maintained by the applicant along the
front, side and rear property lines; the Planning Board may modify
these requirements for screening where the same or better screening
effect is accomplished by the natural terrain or foliage.
(8)
Design and visibility. 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 existing terrain,
character of the property and surrounding area without interfering
with ventilation or exhaust ports.
(9)
Adjoining street rights-of-way.
(a)
The minimum required transitional front yard shall be 20 feet,
unless the Planning Board finds for aesthetic and/or safety reasons
that additional setback is necessary.
(b)
The minimum required screening shall be achieved by landscape
plantings, including evergreen shrubs not less than four feet in height
at the time of installation and deciduous street trees that meet Town
specifications.
C.
Accessory/principal use.
(1)
A Tier 2 battery storage system shall not be permitted as accessory
to the principal use of a residential dwelling.
(2)
In Commercial and Industrial Zoning Use Districts, Tier 2 battery
storage systems shall be allowed as an additional use.
(3)
Tier 2 battery energy storage systems may be considered accessory
when the principal use of a parcel is for the generation of electricity
via solar panels.
D.
Avoidance areas. Battery energy storage systems shall not be located
in the following avoidance areas:
(1)
Flood hazard zones, unless compliance with FEMA can be achieved
without significant visual or safety impacts.
(2)
Open space/greenbelt areas.
(3)
On parcels containing prime agricultural soils, unless the proposed
battery energy storage system can be located on a portion of the parcel
containing nonprime agricultural soils.
(4)
Historically and culturally significant resources, unless it
can be demonstrated that an installation will not adversely affect
the historic resource and is fully reversible.
(5)
Designated conservation areas, including but not limited to
lands purchased through the Community Preservation Fund, and properties
that are preserved via the purchase of development rights.
(6)
Scenic corridors or viewsheds, unless the installation is fully
camouflaged and is found to not compromise the scenic corridor or
viewshed.
(7)
Within 150 feet of Town of Riverhead wetlands, 100 feet of NYSDEC
freshwater wetlands, or within 300 feet of NYSDEC tidal wetlands.
E.
Submission. A complete site plan pursuant to Article LVI and special permit requirements pursuant to Article LVII and as follows:
(1)
Name, address, phone number, and signature of the project applicant,
as well as the property owners, demonstrating their consent to the
application and the use of the property for the battery energy storage
system.
(2)
A one- or three-line electrical diagram detailing the battery
energy storage system layout, associated components, and cs, with
all National Electrical Code compliance disconnects and overcurrent
devices.
(3)
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.
(4)
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 Planning Board prior to final inspection and approval and maintained
at an approved on-site location.
(5)
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.
(6)
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.
(7)
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 in consultation with the Town Engineer.
F.
Fencing requirements.
(1)
Battery energy storage systems, including all mechanical equipment
and buildings dedicated to battery energy storage systems, shall be
enclosed by a privacy fence, with the design subject to Planning Board
discretion, to a maximum height of seven feet, with a self-locking
gate to prevent unauthorized access, and shall not interfere with
ventilation or exhaust ports.
(2)
The regulatory fence should be sited in such a way that it encompasses
the whole battery storage structure.
(3)
All required fencing shall not be located within the required transitional front yard pursuant to § 301-283.31B(9)(a).
(4)
The Planning Board shall require landscaping located between
the fence and the surrounding properties, including the public right-of-way,
as appropriate and necessary.
G.
Signage.
(1)
The signage shall be in compliance with ANSI Z535 and all other
applicable codes 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.
H.
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 comply with Article XLIX, Exterior Lighting, of the Riverhead Town Zoning Code.
I.
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall comply with noise standards found in Chapter 251, Noise, Public Nuisances and Property Maintenance. 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.
J.
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 cover 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.
K.
Prior to the issuance of a building permit, all applications shall
include an 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:
(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)
Emergency contact information for the owner and operators, with
twenty-four-hour contacting information, which must be kept current.
(3)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(4)
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 Department personnel for potentially
hazardous conditions in the event of a system failure.
(5)
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.
(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.
(8)
Other procedures as determined necessary by the Planning Board
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.
L.
Ownership changes. If the owner of the battery energy storage system
changes or the owner of the property changes, the special exception
approval shall remain in effect, provided that the successor, owner
or operator assumes, in writing, all of 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
Planning Department, Building Department, and Fire Marshal's Office
of such change in ownership or operator, in writing, within 30 days
of the ownership change. All permits and approvals for the battery
energy storage system shall be void if a new owner or operator fails
to provide written notification to the Planning Department within
the required time frame. Reinstatement of a voided special permit/site
plan will be subject to the approval process for new applications.
M.
Decommissioning.
(1)
All site plan applications shall include a decommissioning plan.
The decommissioning plan shall include the following:
(a)
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, transmission
lines, access roads and other related improvements from the site;
(b)
A detailed narrative and plan for the disposal of all solid
and hazardous waste in accordance with local, state, and federal waste
disposal regulations;
(c)
The anticipated life of the battery energy storage system;
(d)
The estimated decommissioning costs, prepared by a licensed
professional engineer, and how said estimate was determined;
(e)
The method of ensuring that funds will be available for decommissioning
and restoration;
(f)
The method by which the decommissioning cost will be kept current;
(g)
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;
(h)
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.
(2)
The owner and/or operator of the energy storage system shall
implement said plan upon abandonment and/or in conjunction with removal
from the facility.
N.
Decommissioning fund. The owner and/or operator of the battery energy
storage system shall continuously maintain a fund, either through
escrow account, bond or otherwise payable to the Town of Riverhead,
in a form and amount approved by the Town Engineer or the Town's Consulting
Engineer, for the decommissioning and removal of the battery energy
storage system, for the period of the life of the facility. All costs
of the financial security shall be borne by the applicant.
