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Ballston Town City Zoning Code

ARTICLE XXXV

Battery Storage

[Added 11-12-2025 by L.L. No. 3-2025]

§ 138-169 Battery storage.

A. 
Definitions.
ANSI
American National Standards Institute.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
An electronic system that protects battery 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.
BATTERY ENERGY STORAGE SYSTEM
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 12-volt car battery, an electric motor vehicle, or a rechargeable battery for household appliances or lawn equipment. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
(1) 
TIER 1: Battery energy storage systems (battery energy back-up systems) with an aggregate 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.
(2) 
TIER 2: Battery energy storage systems that 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 law, batteries utilized in consumer products are excluded from these requirements.
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.
FIRE CODE
The fire code section of the 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.
B. 
Applicability.
(1) 
The requirements of this article shall apply to all battery energy storage systems permitted, installed, constructed or modified in the Town of Ballston after the effective date of this article.
(2) 
Battery energy storage systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements herein.
C. 
General requirements.
(1) 
A building permit shall be required for installation of all battery energy storage systems.
(2) 
Issuance of permits and approvals shall be completed by the Town of Ballston Building Department.
(3) 
All battery energy storage systems, including all dedicated battery energy storage structures and all other buildings or structures that contain or are otherwise associated with battery energy storage systems, are subject to:
(a) 
The New York State Uniform Code;
(b) 
The New York State Energy Conservation Construction Code; and
(c) 
The New York State Uniform Fire Prevention and Building Code.
(4) 
Such battery energy storage systems shall be designed, erected, and installed in accordance with all applicable provisions of the New York State Uniform Code, the New York State Energy Code and the New York State Fire Code, as well as any other codes, regulations and industry standards deemed applicable by the Town of Ballston Building Department.
(5) 
Tier 1 battery energy storage systems are not permitted for commercial and/or off-site uses.
(6) 
Tier 1 battery energy storage systems shall be permitted in all zoning districts and are subject to this article's general requirements and are exempt from any special use permit requirement and site plan review requirements.
(7) 
Tier 2 battery energy storage systems are not permitted within any zoning district within the Town of Ballston.
D. 
Enforcement. Any violation of this article shall be subject to the same enforcement requirements, including the civil and/or criminal penalties, provided for in the Town Code and/or regulations.