Mount Hope City Zoning Code
ARTICLE XIX
Battery Energy Storage Systems
[Added 9-8-2020 by L.L. No. 5-2020]
§ 250-94 Definitions.
As used in this section, the following terms shall have the meanings indicated:
ANSI
American National Standards Institute.
BATTERY
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 chapter, batteries utilized in consumer products are excluded from these requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
An electronic system that protects storage batteries from operating outside their safe operating parameters and generates an alarm and trouble signal for off-normal conditions.
BATTERY ENERGY STORAGE SYSTEM
A rechargeable energy storage system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment designed to provide electrical power to a building. The system is typically used to provide standby or emergency power, an uninterruptable power supply, load shedding, load sharing, or similar capabilities. A battery energy storage system is classified as a Tier 1, Tier 2, or Tier 3 battery energy storage system as follows:
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.
DEDICATED-USE BUILDING
A building that is built for the primary intention of housing battery energy storage system equipment. It shall be constructed in accordance with the Uniform Code, and it complies with the following:
ENERGY CODE
The New York State Energy Conservation Construction Code adopted pursuant to Article II of the Energy Law, as currently in effect and as hereafter amended from time to time.
IFC
International Fire Code.
NEC
National Electric Code.
NFPA
National Fire Protection Association.
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.
SPECIAL FLOOD HAZARD AREA
The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies.
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.
§ 250-95 Applicability.
A.
The requirements of this chapter shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Mount Hope after the effective date of this chapter.
B.
Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this chapter.
§ 250-96 General requirements.
A.
Building permit and an electrical permit shall be required for installation of all battery energy storage systems.
B.
Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act (ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA") and all applicable provisions of the Town Code of the Town of Mount Hope, including, but not limited to, Chapter 108 contained herein.
C.
Battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that 1) contain or are otherwise associated with a battery energy storage system and 2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town Code of the Town of Mount Hope.
§ 250-97 Permitting requirements for battery energy storage systems.
Battery energy storage systems are permitted upon site plan review by the Planning Board in the LB, LB-2, and B-1 zoning districts and subject to the applicable fire prevention code and site plan application requirements set forth in this section.
A.
Applications for the installation of a battery energy storage system shall be:
(1)
Reviewed by the Code Enforcement and, if necessary, the Town's engineer for completeness. An application shall be complete when it addresses all matters listed in this chapter including, but not necessarily limited to:
(a)
Compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code; and
(b)
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, ownership changes, safety, permit time frame and abandonment. Applicants shall be advised within 10 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
(2)
Subject to a public hearing to hear all comments for and against the application.
(3)
Referred to the Orange County Planning Department pursuant to General Municipal Law § 239-m, if required.
(4)
Upon closing of the public hearing, the Planning Board 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 by both the Planning Board and applicant.
B.
Floodplain. No battery storage energy system shall be proposed within special flood hazard areas.
C.
Setbacks. The setback requirements for any battery energy storage system and battery energy storage management system shall be twice the amount of the setback requirements of the zoning district in which it is located as enumerated by the Schedule of District Regulations[1] of the Town of Mount Hope.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
D.
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.
E.
Signage. The signage shall be in compliance with ANSI 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.
F.
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. All lighting shall be consistent with the rules and regulations of this chapter.
G.
Vegetation and tree cutting. Areas within 10 feet on each side of a battery energy storage system 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 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.
H.
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 and 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.
I.
Screening. Adequate screening, as determined by the Planning Board, shall be required as part of the Planning Board approval.
J.
Decommissioning.
(1)
Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include: i) the anticipated life of the battery energy storage system; ii) the estimated decommissioning costs; iii) how said estimate was determined; iv) the method of ensuring that funds will be available for decommissioning and restoration; v) the method that the decommissioning cost will be kept current; and vi) the manner in which the battery energy storage system will be decommissioned and the site restored.
(2)
Decommissioning fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town of Mount Hope in a form approved by the Town of Mount Hope for the removal of the battery energy storage system, in an amount to be determined by the Town of Mount Hope for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant.
K.
Site plan application. For a battery energy storage system site plan approval shall be required. Any site plan application shall conform to the requirements of the Zoning Law of the Town of Mount Hope. The following additional information shall be provided as part of the site plan review procedure:
(1)
Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition. Battery energy storage system commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer or NYS Registered Architect 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 Appendix 1[2] shall be provided to Planning Board prior to final inspection and approval and maintained at an approved on-site location.
[2]
Editor's Note: Appendix 1 is on file in the Town offices.
(2)
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 applicable fire prevention code.
(3)
System and property operations and maintenance plan. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information.
(4)
An emergency operation plan.
§ 250-98 Safety.
A.
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 3 battery energy storage system is located in an ambulance district, the local ambulance corps.
B.
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.
§ 250-99 Enforcement.
Any violation of this section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town of Mount Hope.
§ 250-100 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.