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

New York Statute of Local Governments § 10(1) and (7); and

Sections 261 through 263 of the Town Law of the State of New York.

The applicant shall consult with the Fire Department, and jointly agree on any necessary training related to potential fire issues that are site specific. The applicant and Fire Department shall also agree to the frequency of that training, which shall be provided by the applicant, at no cost to the Fire Department or Town.

If the applicant and Fire Department agree that specialized equipment is needed by the Fire Department, the applicant will pay for the costs of such equipment or reimburse the Fire Department or Town for the purchase of same.

Funds for specialized equipment (at fair market value or equivalent) and training may also be placed into a dedicated escrow account for use by the Town for training and suppression equipment if multiple BESS are commissioned in the Town requiring similar training/equipment needs to adequately distribute costs, at the discretion of the Town Board.

For Type 1 and 2 systems, both a fire safety compliance plan and an emergency operations plan must be submitted as described in the site plan requirements for Type 1 and 2 BESS.

Lot size. A Type 1 BESS shall not exceed a lot coverage ratio of 50% and shall be situated on a site no larger than 25 acres.

Setbacks. Type 1 BESS shall be set back a minimum of 200 feet from any property line. The facility shall be located no less than 300 feet from any public roadway.

Height. The maximum height for a Type 1 BESS is 16 feet for outdoor systems. For systems within a dedicated-use building, height limitations for principal structures of the underlying zoning district shall apply.

Fencing requirements. Type 1 BESS, including all mechanical equipment, shall be enclosed by a fence with a minimum height of seven feet and a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports and shall be satisfactory to the Code Enforcement Officer or designee.

Screening and visibility. Type 1 BESS 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 not interfering with ventilation or exhaust ports. The avoidance of tree removals to greatest extent practicable, shall be identified by the applicant. Perimeter screening shall be of a height at least as high as the battery storage cabinets within three years, and the diversity, quantum, density and other features of the site replanting plan be satisfactory to the Town Planning Board, and the replantings shall be maintained during the life of the facility at the applicant's expense. No direct sight line from any single-family residence to the Type 1 battery energy storage system shall be permitted.

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. Any aboveground utility poles placed shall be made available for co-location by other utilities.

Signage.

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 a minimum of 10 feet on each side (including the front and rear) of BESS shall be cleared of combustible vegetation and other combustible growth. Removal of trees should be minimized to the extent possible. Landscaping and vegetative screening shall be located outside of the ten-foot buffer area and preferably outside of any fencing as noted below.

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 60 dBA as measured at the outside wall of any nonparticipating residence or occupied community building. 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.

Additional requirements and conditions may be imposed upon review by a professional engineer qualified to review such systems.

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. If the battery storage facility is developed in conjunction with a utility-scale solar facility, the decommissioning plan may be included within the solar facility documentation, but a separate plan and security for each shall be established. The decommissioning plan shall include:

Decommissioning fund. A bond and/or surety or other form of security, acceptable to the Town Attorney, shall be required for all Type 1 utility BESS projects to cover the cost of the removal and site restoration. Said proof of bond or security shall be filed with the Town prior to issuance of a building permit and shall remain in force until decommissioning and restoration is complete and satisfactory proof has been provided to and approved by the Code Enforcement Office and Town Attorney. Therefore, the bond must be renewed or replaced as necessary to account for any changes in the total decommissioning cost with renewal/replacement information provided to the Town. The bond must also be renewed, replaced or transferred as necessary with any changes in ownership of the Type 1 utility BESS. Any remaining security available after full removal and restoration of the site, to the satisfaction of the Town, will be returned to the applicant or any subsequent owner. All costs of the financial security shall be borne by the applicant.

Property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

A one- or three-line (as determined by the Code Enforcement Officer) 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.

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 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.

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.

Zoning district designation for the parcel(s) of land comprising the project site.

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 Code Enforcement Officer prior to final inspection and approval and maintained at an approved on-site location.

Acceptance testing required in the Uniform Code shall be provided to the Code Enforcement Officer prior to final inspection and approval and maintained at an approved on-site location.

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.

System and property 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. The following elements shall also be addressed:

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.

Prior to the issuance of the building permit, engineering documents must be signed and sealed by a NYS licensed professional engineer.

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:

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);

UL 1642 (Standard for Lithium Batteries);

UL 1741 or UL 62109 (Inverters and Power Converters);

Certified under the applicable electrical, building, and fire prevention codes as required.

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.