Article IX of the New York State Constitution, § 2(c)(6) and (10).

New York Statute of Local Governments, § 10 Subdivision 1 and 7.

New York Municipal Home Rule Law, § 10 Subdivision 1(i) and (ii) and § 10 Subdivision 1(a)(6), (11), (12), and (14).

New York Town Law § 130 Subdivisions 1 (Building Code), 3 (Electrical Code), 5 (Fire Prevention), 7 (Use of streets and highways), 7-a (Location of Driveways), 15 (Promotion of public welfare), 15-a (Excavated Lands), 16 (Unsafe buildings), 19 (Trespass), and 25 (Building lines);

New York Town Law § 64 Subdivision 17-a (protection of aesthetic interests), Subdivision 23 (General powers).

The height of the ground-mounted Tier 1 battery energy storage system and any mounts shall not exceed 12 feet.

The total surface area of the ground-mounted Tier 1 battery energy storage system on the lot shall not exceed 5% lot coverage.

The ground-mounted Tier 1 battery energy storage system shall not be the primary use of the property.

The ground-mounted Tier 1 battery energy storage system shall be located in a side or rear yard.

The ground-mounted Tier 1 battery energy storage system shall comply with the minimum setbacks for accessory buildings applicable to the zoning district in which the battery energy storage system is sited as set forth in Schedule A, Area, Lot, and Bulk Regulations.

The ground-mounted Tier 1 battery energy storage system shall be screened from adjacent dwellings through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

Tier 2 battery energy storage systems shall not be permitted on land within an Agricultural District that is classified as prime farmland or farmland of statewide importance.

Tier 2 battery energy storage systems may be permitted within a Planned Development District (PDD), subject to the requirements of § 130-18H.

Name, address, phone number, and signature of the project applicant.

If the property of the proposed battery energy storage system is to be leased, proof of legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in § 130-92B(16)(a) below. Applicant shall be required to provide, as part of the application, any lease agreement, easements and other agreements between itself and initial landowner or any owner of property contiguous to the land upon which the battery energy storage system (or any component thereof, including access ways or utility lines) shall be constructed.

Pre-development site condition - applicant shall provide a written and visual record of the pre-development site condition (which shall include the site condition prior to any logging/timber harvest or clearing of land in anticipation of the development of a battery energy storage system), which must be verified as to being complete by the Building and Zoning Department, to facilitate full and proper remediation of the site upon decommissioning. As part of this record, applicant shall provide an analysis of pre-construction soil samples, with such samples collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling. Such samples shall be taken from various locations on the property on which the battery energy storage system is to be located and are specifically intended to demonstrate the pre-development condition and properties of the soils to ensure that full and proper remediation of the site occurs upon decommissioning.

Plans and drawings for the Tier 2 battery energy storage system signed by a professional engineer showing the proposed layout of the battery energy storage system along with providing a description of all components, buildings or structures, existing vegetation, any proposed clearing and grading of the lot(s) involved, any anticipated or possible stormwater or erosion disturbances, and utility lines (both above and below ground) on the site and adjacent to the site.

Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 750 feet of the outer perimeter fence line of the Tier 2 battery energy storage system.

Proposed exterior lighting and screening vegetation or structures.

A 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.

An equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. Any changes to the equipment specification sheet due to unavailability of proposed equipment shall be submitted prior to the issuance of building permit.

Name, address, and contact information of 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.

Clearing, grading, stormwater and erosion control plan. Applicant shall submit an engineered stormwater and Erosion Control Plan to the Town of Avon Engineer for its review and approval which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the Tier 2 battery energy storage system on the site.

Noise study. Applicant shall provide a noise study of the impacts of construction and operation of the proposed battery energy storage system. Said study shall reference any then existing regulations or suggested industry or development standards put out by the NYS Office of Renewable Energy Siting. Such study shall analyze the projected noise levels for both daytime and nighttime periods generated by the battery energy storage system and all appurtenant substation equipment relative to all surrounding dwellings.

Screening and landscape plan. A screening and landscaping plan prepared by a landscape architect showing proposed screening and buffering of all structures on the site. The plan shall include the proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures, and the plan for ongoing vegetation management. The screening and landscaping plan shall include locations, elevations, site lines, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The plan shall identify the use of native, non-invasive, perennial plant and seed species. Invasive species that shall not be planted as part of the landscape buffer, include, but are not limited to, winter creeper, garden loosestrife, Chinese silver grass, yellow flag iris, bamboo, Norway maple, Japanese barberry, sweet autumn clematis, burning bush and siebold's viburnam, or other invasive species as identified by the NYSDEC or the NY Invasive Species Clearinghouse at Cornell University.

Viewshed/line of site analysis. Applicant shall provide a viewshed/line-of-site analysis, with scaled color visual renderings to demonstrate the adequacy of proposed buffering/screening at the completion of construction of the battery energy storage system, and similar visual renderings of the projected maturation of the buffering/screening at five years and 10 years after completion of the battery energy storage system. The Planning and/or Zoning Board of Appeals may require the above viewshed/line-of-site analysis and scaled color visual renderings from multiple angles or perspectives as it/they deem appropriate.

Parking. Applicant shall a designated parking area on the site of the battery energy storage system for employees of applicant (or the successor owner of the battery energy storage system) to park when providing monitoring or maintenance of the battery energy storage system.

SEQR. A Full Environmental Assessment Form shall be provided by applicant.

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.

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.

Operation and maintenance plan. Such Plan shall describe all ongoing or periodic maintenance of the Tier 2 battery energy storage system and property upkeep. Such Plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the battery energy storage system and Code Enforcement Officer (or his/her designated representative). Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the battery energy storage system, as well as quarterly reports of inspection of the security systems relating to such battery energy storage systems. Said Plan shall demonstrate how the applicant (or the successor owner of the battery energy storage system) shall ensure proper removal and disposal of all batteries and/or cells or other equipment that becomes inoperable or is no longer being utilized and the same shall be disposed of outside the jurisdictional limits of the Town of Avon, unless there is a properly certified and/or licensed recycling facility within the Town that recycles such batteries, cells or other equipment. Said Plan shall also obligate the applicant (or the successor owner of the battery energy storage system) to provide the Town, not less than every year (commencing the second year after the battery energy storage system is commercially operable), with test results from soil sampling collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling, to demonstrate that the soils upon which the battery energy storage system is constructed have not been contaminated in any fashion as a result of the battery energy storage system placed on the property. Such test results shall be compared to the pre-construction soil sample analysis referenced in Subsection B(3) (Pre-development site conditions) above.

Decommissioning plan. To ensure the proper removal of Tier 2 battery energy storage systems after such improvements are no longer reasonably operable or have been abandoned, a decommissioning plan shall be submitted as part of the application. The decommissioning plan must specify that after the Tier 2 battery energy storage system is no longer operational or has been abandoned, it shall be removed by the applicant or any subsequent owner of the improvements and/or the subsequent owner of the property upon which the Tier 2 battery energy storage system is placed. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution and a cost estimate detailing the projected cost of executing the decommissioning plan, which is to be prepared by a professional engineer or reputable contractor. Cost estimations shall take into account inflation and shall be based on the operating life expectancy of the system.

Emergency operations plan. To ensure proper safety protocol after a Tier 2 battery energy storage system is constructed, an emergency operations plan shall be developed and approved in consultation with local fire code officials, County Emergency Management Services and local fire and emergency response providers. Such Plan shall include response logistics, including site-specific conditions, in order to provide year-round emergency response access. The Plan shall also include provisions for initial training and annual site-specific training drills, at the system owner/operator's expense, for the Town Code Enforcement Officer, local fire departments, local and County Emergency Responders, Livingston County Emergency Management Services, and local law enforcement. 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. Any modifications or updates to such Plan shall be likewise provided. The emergency operations plan shall include the following information:

At the time of application, applicant shall be required to furnish a deposit in an amount that the Town deems initially sufficient to be used for reimbursement of expenses and costs associated with one or more private professional consultants utilized to assist the Planning Board and Zoning Board of Appeals in the review of an application for a Tier 2 battery energy storage system. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its Boards, relating to an application for development of a battery energy storage system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to applicant's objection, which shall be provided to applicant, in writing. Should such deposit be depleted prior to final approval, the Town may require that additional monies be deposited with the Town before further review of the application will continue. A reviewing Board may suspend indefinitely the review of any application as a result of the failure of applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants. Any such suspension shall supersede any Town of New York State law, rule or regulation relating to the timing of issuance of decisions for such applications.

If a Tier 2 battery energy storage system is proposed to be developed on land that is or could be in agricultural production, applicant shall demonstrate how the proposed development complies with the then current guidelines as may be established by the New York State Department of Agriculture and Markets relating to construction mitigation for agricultural lands.

The Town Code Enforcement Officer and the Town's engineering/planning consultant will review the application 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 (if applicable), ownership changes, safety, and permit time frame and abandonment.

Applicants shall be advised within 45 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

The application shall be subject to a public hearing to hear all comments for and against the application. The Planning Board and/or Zoning Board of Appeals shall cause a notice of such public hearing to be printed in a newspaper of general circulation in the Town at least five days in advance of such public hearing. Applicants shall deliver the public hearing notice by first-class mail to adjoining landowners or landowners within 500 feet of the property at least 10 days' prior to such public hearing. Proof of mailing shall be provided to the Planning Board and Zoning Board of Appeals prior to the public hearing.

The application shall be referred to the Livingston County Planning Department pursuant to General Municipal Law § 239-m.

Upon closing of the public hearing, the Planning Board and Zoning Board of Appeals 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 of the Planning Board, Zoning Board of Appeals and applicant.

Prior to determination or issuance of any permit, all Tier 2 battery energy storage system applications shall be subject to review pursuant to the New York State Environmental Quality Review Act (6 NYCRR 617). All applications (site plan and Special Use Permit) for approval of a Tier 2 battery energy storage system shall be deemed to be Type I Actions for purposes of compliance with the New York State Environmental Quality Review Act. The Planning Board and the Zoning Board of Appeals shall conduct a coordinated review of all Tier 2 battery energy storage systems. Such review shall not be completed or closed out, and a final determination of significance made, until after the review of the application has been completed.

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.

Signage. 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.

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.

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.

Vegetation and tree cutting. 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 covers shall be permitted and be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Setbacks. All setbacks set forth below shall be measured form the fencing surrounding the battery energy storage system. Landscape buffers for screening may be placed within the setback area. Tier 2 battery energy storage systems and related structures shall have the following setbacks:

Height. Tier 2 battery energy storage systems shall not exceed 12 feet in height as measured from the highest point of any equipment to the ground directly beneath it.

Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a seven-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.

Screening and visibility. Tier 2 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 will not interfere with ventilation or exhaust ports.

Security. Buildings must be protected from vehicle impact, including, but not limited to, protection provided by bollards.

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 during the day and 45 dBA during the night, as measured at the outside wall of any nonparticipating residence or occupied community building, existing or under construction at the time of the permit application. 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.

Decommissioning plan. To ensure the proper removal of Tier 2 battery energy storage systems after such improvements are no longer reasonably operable or have been abandoned, a decommissioning plan shall be submitted as part of the application. The decommissioning plan must specify that after the Tier 2 battery energy system is no longer operational or has been abandoned, it shall be removed by the applicant or any subsequent owner of the improvements and/or the subsequent owner of the property upon which the Tier 2 battery energy storage system is placed. The Plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The Plan shall also include an expected timeline for execution and a cost estimate detailing the projected cost of executing the decommissioning plan, which is to be prepared by a professional engineer or reputable contractor. Cost estimations shall take into account inflation and shall be based on the operating life expectancy of the system. The Plan shall set forth the proposed method of ensuring that funds will be available for decommissioning and restoration and the method by which the decommissioning cost will be kept current.

If the use of an approved Tier 2 battery energy storage system is discontinued, the owner or operator shall provide written notice to the Code Enforcement Officer within 30 days of such discontinuance. Should a Tier 2 battery energy storage system become inoperative and/or abandoned such that it ceases to operate consistently for more than 180 days, such system will be deemed inoperative or abandoned. The above time frames may be extended by the Town Board, at its sole discretion, upon a showing of good cause by the then owner or operator of the battery energy storage system.

Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a Tier 2 battery energy storage system shall be made by the Town Code Enforcement Officer, who shall provide the permit holder, owner or operator and owner of the real property upon which the Tier 2 battery energy storage system is located with written notice by personal service or certified mail. At the earlier of the 91 days from the date of determination of abandonment or inoperability without reactivation or upon completion of dismantling and removal, any approvals and/or permits granted or issued for the battery energy storage system shall automatically expire.

Removal. All Tier 2 battery energy storage systems (and related infrastructure) shall be dismantled and removed immediately from a Lot where the Special Use Permit or site plan approval has been revoked by the Town of Avon Zoning Board of Appeals or the Town Planning Board respectively, or if the battery energy storage system has been deemed by the Code Enforcement Officer to be inoperative or abandoned for a period of more than 180 days (unless the time frame is extended by the Town Board pursuant to the provisions of Subsection E(1) above) and the lot shall be restored to its pre-development condition. The responsibility to dismantle and remove and all such costs of removal shall be the sole responsibility of the permit holder, owner, or operator and/or owner of the real property upon which the Tier 2 battery energy storage system is located. If the permit holder, owner or operator and/or owner of the real property upon which the Tier 2 battery energy storage system is located does not dismantle and remove said Tier 2 battery energy storage system as required by the decommissioning agreement, the Town Board may complete removal and decommissioning as set forth in the decommissioning agreement and levy all related expenses (not covered by any removal bond or other form of surety provided pursuant to such decommissioning agreement) associated with the removal onto the real property tax bill associated with the property upon which the Tier 2 battery energy storage system was located, regardless of who the permit holder, owner or operator and owner of the real property upon which the Tier 2 battery energy storage system is/was. Any costs or expenses related to removal (by the Town or completed on behalf of the Town's authority pursuant to this section) that are to be levied onto the real property tax bill for the property on which the Tier 2 battery energy storage system was located, shall not be offset, reduced or diminished for any recycling or salvage credits or value relating to the removed equipment, except and unless the Town has actually received such credits or value prior to the relevy of such costs and then, such reduction shall be limited to the actual dollar value received by the Town. Nothing in this Article shall be interpreted to require or obligate the Town to undertake to obtain salvage or recycling credits, value or proceeds with regard to any equipment to be removed pursuant to this section.

As set forth in § 130-92B(19)(a) above, prior to obtaining a building permit and as a condition to issuance of any Special Use Permit, the applicant and initial landowner must enter into a decommissioning agreement with the 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 pursuant to this Article. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety such as, but not limited to, letters of credit, etc., that are acceptable to the Town of Avon at its discretion) for the removal of the Tier 2 battery energy storage system, with Avon as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 150% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Tier 2 battery energy storage system has been constructed, and no later than 60 days' prior to the anniversary date of the issuance of the building permit for such battery energy storage system, the then owner/permit holder for the system shall provide the Town of Avon with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that initial landowner (or the successor and/or assigns of initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event applicant (or the successor owner of the battery energy storage system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Livingston County Clerk and shall be indexed as deed restrictions against the property upon which the battery energy storage system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.

System certification. Prior to commencement of operation, battery energy storage systems and equipment shall be certified and/or 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 at the time of development, along with any other standards adopted after the date of enactment of this Article:

Site access. Tier 2 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 2 battery energy storage system is located in an ambulance district, the local ambulance corps.

Tier 2 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.

The Special Use Permit and site plan approval for a Tier 2 battery energy storage system shall be valid for a period of 24 months after site plan and Special Use Permit approvals are granted. In the event construction is not completed in accordance with the final site plan (or as may have been amended) within 24 months after approval, the time to complete construction may be extended by each of the approving Boards, at their sole discretion, upon a showing of good cause by the applicant. Any such extension granted by the approving Boards shall not exceed 180 days. If the owner and/or operator fails to perform substantial completion of the construction after 30 months, the site plan and Special Use Permit approvals shall expire.