The Town Board of the Town of Avon finds it is necessary to
properly site and regulate battery energy storage systems within the
boundaries of the Town of Avon to protect residential uses, prime
farmland, farmland of statewide importance, business areas and other
land uses, to preserve the natural resources, overall beauty, nature
and character of the Town of Avon, to promote the effective, safe
and efficient use of battery energy storage systems, and to protect
the health, safety and general welfare of the citizens of the Town
of Avon 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; and
D. To create synergy between battery energy storage system development and the Town's Solar Energy Systems regulations as found in Article
XV of the Code of the Town of Avon.
E. To protect the health, welfare, safety and quality of life or the
general public.
As used in this article, the following terms shall have the
meanings indicated:
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
An electronic system that protects battery energy storage
systems from operating outside their safe operating parameters and
disconnects electrical power to the battery energy storage system
or places it in a safe condition if potentially hazardous temperatures
or other conditions are detected. The system generates an alarm and
trouble alert signal for abnormal conditions.
BATTERY ENERGY STORAGE SYSTEM
A rechargeable energy storage system consisting of one or
more devices, including batteries, battery chargers, controls, power
conditioning systems and associated electrical equipment, assembled
together, capable of storing energy in order to provide 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:
A.
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.
B.
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.
BATTERY(IES)
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.
CELL
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING
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.
DECOMMISSIONING
The removal and disposal of all battery energy storage system
equipment, accessories or structures, including, but not limited to,
batteries, battery energy storage management system, cells, dedicated-use
buildings, non-dedicated use buildings, subsurface foundations and
all other material, concrete, wiring, cabling, or debris, that were
installed in connection with a battery energy storage system and the
restoration of the parcel of land to the original state prior to construction
on which the battery energy storage system is built, including, but
not limited to, restoration, regrading, and reseeding. Details of
the expected decommissioning activities and costs are to be described
in the decommissioning plan and decommissioning agreement as may be
required pursuant to this article.
DECOMMISSIONING AGREEMENT
A written agreement between applicant, initial landowner
and Town that sets forth the obligations of the applicant and/or the
initial landowner to properly decommission the battery energy storage
system if the use of such system is discontinued, abandoned, or becomes
inoperable.
DEDICATED-USE BUILDING
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, and it
complies with the following:
A.
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
B.
No other occupancy types are permitted in the building.
C.
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.
D.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage system,
provided the following:
(1)
The areas do not occupy more than 10% of the building area of
the story in which they are located.
(2)
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.
ENERGY CODE
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.
FARMLAND OF STATEWIDE IMPORTANCE
Land designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage and oilseed crops as determined by the
appropriate state agency or agencies.
FIRE CODE
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.
INITIAL LANDOWNER
The record title owner to the real property upon which a
battery energy storage system is constructed, at the time such battery
energy storage system is originally constructed.
kWh
Abbreviation for kilowatt-hour, which is a measure of the
energy capacity of a battery and a battery energy storage system.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
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.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
NON-DEDICATED-USE BUILDING
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, R, as defined
in the International 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.
PARTICIPATING PROPERTY
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.
PRIME FARMLAND
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database that has the best combination
of physical and chemical characteristics for producing food, feed,
forage, fiber, and oilseed crops and is also available for these uses.
It has the soil quality, growing season, and moisture supply needed
to produce economically sustained high yields of crops when treated
and managed according to acceptable farming methods, including water
management. In general, prime farmlands have an adequate and dependable
water supply from precipitation or irrigation, a favorable temperature
and growing season, acceptable acidity or alkalinity, acceptable salt,
and sodium content, and few or no rocks. They are permeable to water
and air. Prime farmlands are not excessively erodible or saturated
with water for a long period of time, and they either do not flood
frequently or are protected from flooding.
UL
Underwriters Laboratory, an accredited standards developer
in the US.
UNIFORM CODE
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.
Any violation of this Article shall be subject to the same enforcement
requirements, including the civil and criminal penalties, provided
for in the land use regulations of the Town.