To provide a regulatory scheme for the designation of properties suitable for the location, construction, and operation of battery energy storage systems;

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;

To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife, and other protected resources; and

To support the transition to renewable energy sources.

The requirements of this article shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Islip after the effective date of this article, excluding general maintenance and repair.

Battery energy storage systems legally constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.

Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total designed discharge duration or power rating shall be subject to this article.

A building permit, battery energy storage system permit, and a certificate of electrical compliance shall be required for installation of all battery energy storage systems.

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 shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code.

Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and the battery energy storage system permit, and exempt from site plan review. Tier 1 battery energy storage systems shall maintain minimum side and rear yards of 10 feet and shall meet the front yard requirements of the zoning district in which they are located.

Tier 2 battery energy storage systems shall be permitted in the following zoning districts subject to the Uniform Code and site plan review, which may be waived at the discretion of the Town Engineer:

Tier 3 battery energy storage systems shall be permitted in the following zoning districts subject to the Uniform Code, site plan review, and a Planning Board special permit:

Fencing requirements. Unless housed in a dedicated-use building, Tier 3 battery energy storage systems, including all mechanical equipment, shall be enclosed by a six-foot fence with a self-locking gate to prevent unauthorized access. For systems that are over six-feet in height, an eight-foot fence shall be required to properly screen the use.

Screening and visibility. Tier 2 and Tier 3 battery energy storage systems shall be screened from view from adjacent properties using architectural features, earth berms, walls, fencing, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. A minimum of 25 feet of landscaping shall be required along all street frontages for all Tier 3 battery energy storage systems. Architectural review shall be required for all Tier 2 and 3 systems.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground in appropriate conduits to the extent feasible and as permitted by the serving utility. An exception may be made for the main service connection at the utility company right-of-way and new interconnection equipment.

Signage.

Lighting. All lighting associated with battery energy storage systems shall be in compliance with Article LII, Exterior Lighting Standards.

Vegetation and tree cutting. Areas within 10 feet on each side of Tier 2 or 3 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, and is only permitted in association with an approved site plan or land clearing permit.

Noise. All noise associated with battery energy storage systems shall be in compliance with Town Code Chapter 35.

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 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 Chief Fire Marshal or his/her designee prior to final inspection and approval and maintained at an approved on-site location. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning.

Decommissioning plan. The applicant shall submit a decommissioning plan for Tier 2 or Tier 3 battery energy storage systems, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal of the systems from the facility. The decommissioning plan shall include and address:

Decommissioning fund or cash bond. The owner and/or operator of a Tier 2 or 3 battery energy storage system shall continuously maintain a fund or submit a cash bond payable to the Town of Islip, in a form approved by the Town of Islip, for the removal of the battery energy storage system, in an amount to be determined by the Town of Islip, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.

Tier 1 systems are not subject to the requirements of Subsection J(1) or (2) above, but will require a statement from the system installer certifying compliance with decommissioning requirements.

System certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory (standards for battery energy storage systems and equipment) or approved equivalent.

Site access. 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 or 3 battery energy storage system is located in an ambulance district, the local ambulance corps.

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.

Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner/operator, the local fire department, and Fire Marshal. 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:

This section is adopted to impose a six-month moratorium on the issuance of permits and/or approvals for Battery Energy Storage Systems. The Town of Islip recognizes that Battery Energy Storage Systems ("BESS") are a key component to the viability and promotion of renewable energy sources. However, since the technology of these systems is still in its infancy, there is a significant amount of recent public concern about the potentially volatile nature of lithium-ion batteries, which stems from fires at three different BESS facilities in the State of New York from May through July of 2023. In response to the recent BESS fires, New York State Governor Kathy Hochul found it necessary to form an Inter-Agency Fire Safety Working Group tasked with ensuring the safety of BESS across New York. On July 20, 2024, the New York State Inter-Agency Fire Safety Working Group ("Working Group") issued their Fire Code Recommendations to the New York State Fire Prevention and Building Code Council for future code installments. Shortly thereafter on July 25, 2024, the New York State Fire Prevention and Building Code Council ("Code Council") issued their Final Draft Proposed Changes to the 2020 Fire Code of New York State. At this point, it is unclear whether the Code Council will consider or adopt the recommendations set forth by the Working Group.

Since the enactment of the moratorium, the Town has worked diligently to research and analyze the safety issues related to Battery Energy Storage Systems ("BESS") and identify potential solutions. The Town has consulted an expert in the field to assist in drafting Code amendments intended to address and mitigate the identified safety concerns. Given that the expiration date of the Town of Islip's BESS moratorium is quickly approaching and the very recent publication of the respective state recommendations and changes, the Town Board finds it necessary to extend the moratorium period for an additional six months.

The Town Board, Planning Board, and Zoning Board of Appeals need additional information and assurances about the safety of these types of facilities, including but not limited to best practices for fire suppression and emergency response, ensuring the technology and availability of equipment necessary for the Town's Hazardous Materials Unit and local fire departments should a fire occur, precautions to take related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of location and other standards for siting these facilities. Given these concerns and the current lack of relevant data and information on this issue, it is necessary for the Town Board to enact a six-month limited moratorium on the issuance of permits and/or approvals for BESS pursuant to Town Code § 68-456 while these issues are further considered and the Code is adequately revised to address any outstanding concerns.

The Town requires an additional six months to thoroughly vet and consider the recommendations and changes proposed by the Working Group, as well as the Code Council to aid in its preparation of amendments to the Town's current BESS Code § 68-456. An extension of the moratorium is necessary to complete the legislative intent initially set forth by the Town Board on March 19, 2024. To allow the moratorium to expire at this point is premature.

In reliance upon the initial findings issued by the New York State Inter-Agency Fire Safety Working Group, which were released on December 21, 2023, and determined that there has been no evidence of significant off-site migration of contaminants associated with the three recent fires at BESS facilities in Jefferson County, Orange County, and Suffolk County, the Town of Islip has set forth below a pathway for certain qualified applications to be exempted from this moratorium.

Applications may be exempted from the provisions of this section following a public hearing on due notice before the Town Planning Board and service of a written notice upon the local Fire Department for the proposed siting of the BESS. Upon such application, the Planning Board shall consider:

In making a determination under this subsection, the Planning Board may obtain and consider written reports from the Town of Islip Hazardous Materials Unit and such other sources as required in the judgment of the Planning Board and consistent with the purpose of this chapter. A grant of an exemption to an applicant's premises shall include a determination of hardship and unique circumstances which do not generally apply throughout the Town and a finding that the grant of an exemption will be in harmony with, and will not be unduly disruptive to, the goals and purposes of the assessment undertaken pursuant to this section.

An application under this subsection must be accompanied by a $1,000 fee and eight copies of the application, together with the applicant's written undertaking to pay all out-of-pocket costs incurred by the Town in studies and/or by retainer of resource personnel relating to this hearing, review and determination of such application, in form and substance acceptable to the Planning Board.