Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
New York State
/EW Department of State
r- YORK Department of State DIVISION OF CORPOPATIONS,
Corporations, State Records & LJCC STATE RECORDS AND
UNIFORM COMMERCIAL CODE
One Commerce Plaza
99 Washington Âve.
Albany, NY 12231-0001
Local Law Filing
Pursuant to Municipal Home Rule Law §27
Local Law Number ascribed by the legislative body of the local government listed below:
Local Law#5
___________ oftheyear20 26
tiIIi[ITl iT F .1ThT owi ntllt t,rFuTIsl T1 i,issiirnri iit.wjini 151 n
tra1uu.
.-j -
Be it enacted by the Town Board ofthe
(Name of Legislative ßody)
E County E City i Town E Village
(select one)
of Clay as follows on the attached pages:
(Name of Local Government)
For Office Use Only
tiI]
STATE RECORDS
iUL 0 6 2Ü26
DEPARTMENT OF STATE
Department of State Local Law lndex Number: S of the year 20 ____
(The local law number assígned by the Department of State for indexing purposes may be different from the
local law number ascribed by the legislative body of the local government.)
DOS-0239-a-f (Rev. 02-25) page 1 of 3
Local Law Filing
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
l hereby certify that the local law annexed hereto ascribed as local law number of20 26 of
the (County)(City)(Town)(Village) of was duìy passed by the
Town Board June29 20 26 in accordance
(Name of Legìs)ative Body)
with the applicable provisions of law.
2. (Passage by local legislative bocly with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer.)
l hereby certify that the local law annexed hereto, ascribed as iocal law number of20 ofthe
(County)(City)(Town)(Village) of duly passed by the
on 20 andwas
(Name of Legis/ative Body)
(approved)(not approved)(repassed after disapproval) by the _____________________________________
(E/ective Chief Executive officer*)
on _______________________________ 20 ín accordance with the applicable provisions of law.
3.(Final adoption by referendum.)
i hereby certify that the local law annexed hereto, ascribed as locai law number of20 ofthe
(County)(City)(Town)(Village) of was duiy passed by the
20 andwas
of Legislative Body)
(approved)(not approved)(repassed after disapproval) by the ____________________________________________ on
— (E/ective ChiefExecutive Of/icer*)
20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the
affirmative vote of a majority of the quaiified electors voting thereon at the (general)(special)(annual) election held on
20 ______ in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
l hereby certify that the local iaw annexed hereto, ascribed as local law riurnber of20 ofthe
(County)(City)(Town)(Village) of was duly passed by the
on 20 andwas
(Name of Legis/ative Body)
(approved)(not approved)(repassed after disapproval) by
(E/ective Chief Executive Officer)
20 ______ . Such local law was subject to permissive referendum and no valid petition
requesting such referendum was filed as of 20 ¡n accordance with the
applicable provisions of iaw.
* Elective Chief Executive Officer means or includes the chief executíve officer of a county elected on a county-wide basis or, if there be
none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested
with the power to approve or veto local laws or ordinances.
DOS-0239-f (Rev. 02/25)
Fage 2 of 3
Local Law Fili
5. (City local law concerning Charter revision proposed by petition.)
i hereby certífy that the local law annexed hereto, ascribed as local law number ___________________ of 20 _____ of
the City of________________ ______ ______ _____________________ having submitted to referendum pursuant to
the provisions of Section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a
majority ofthe qualifìed electors of such city voting thereon at the (special)(general) election held on
20 became operative.
6. (County local law concerning adoption of Charter.)
l hereby certify that the local law annexed thereto, ascribed as local law number _______________
of 20 _____of
the County of ______________________________________________ State of New York, having been submitted to
the electors at the General Election of Noveniber ______________ 20 ______ pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of the cities of said county as a unit and a niajority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(lf any other authorized form of final adoption has been followed, please provide an appropriate certification.)
further certify that l have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whoje of such original local law, and was finally adopted in the manner indicated in
the paragraph _______- above.
,
Clerk the coun le isla ve body, City, Town or Village Clerk or
officer designate by lo egislative body
(scal) July 1, 2026
Dos-023g-a-f (Fev. 02-2S) page 3 of 3
Fifth Draft Version
ncorporating May lS Town Board Comments.
LOCALLAWNUMBER 5 OFTHEVEAR2O2G
A LOCAL LAW OF THE TOWN OF CLAV, also known as The Town of Clay Battery Energy Storage System Law, in
relation to the regulation of battery energy storage systems in the Town of Clay.
This Locai Law shall take effect immediatiy upon filing with the New Vork State Secretary of State pursuant to
§27 ofthe Municipal Home Rule Chapter.
BE IT ENACTED by thc Town Board of the Town of Ciay, Onondaga County, New Vork, as follows: That Town
of Ciay Local Law Numbers of the year 2026 entitled The Town of Clay Battery Energy Storage System Law is
hereby enacted. Said Local Law amends the Town Code as follows:
By creating a new Chapter, 209, entitled Battery Energy Storage Systems. By adding the following sections and
subsections to Chapter 209:
§209-1Authority.
This Chapter regulates Battery Energy Storage Systerns (BESS) to protect public heaìth, safety, and welfare.
A. New York State Constitution Article IX §2(c)(6) and §2(c)(10);
B. Statute of Local Governments §10(ij, §10(6), and §1O(7);
C. Municipal Home Ruie Chapter §10(1)(i), §10(1)(ii), §10(1)(ii)(a)(6), §10(1)(ii)(a)(11), §10(1)(ii)(a)(12),
and §10(1)(ii)(a)(14);
D. Town Chapter Article 16;
E. Town Chapter §130(1), §130(3), §130(S), §130(7), §130(7-a), §130(11), §130(15), §130(15-a),
§130(16), §130(19), and §130(25);
F. Town Chapter §64(17-a) and §64(23);
G. The Town of Clays inherent police powers; and
H. The Chapters ofthe State of Néw York.
§209-2 Statement of Purpose and Findings.
The Town Board of the Town of Clay recognizes that battery energy storage is a clean, readily avaiiabie, and
renewable energy source. However, the Town Board finds a need to properly site battery energy systems
within the boundaries of the Town to protect residential, business areas, and other land uses, to preserve the
overail beauty, nature, and character ofthe Town, to promote the effective and efficient use of battery energy
resources, and to protect the health, safety, and general welfare ofthe citizens ofthe Town.
This Battery Energy Storage System Chapter is adopted to advance and protect the pubiic health, safety, and
welfare of Town by creating regulations for the instaliation and use of battery energy storage systems and
equipment, with the following objectives:
A. To provide a regulatory scheme for the designation of properties suitable for the location,
construction and operation of battery energy storage systems;
B. To ensure compatible land uses in the vicinity ofthe areas affected by battery energy storage systems;
C. To mitigate the impacts of battery energy storage systems on environmental resources such as important
agricuitural Jands, forests, wildlife, and other protected resources;
D. To ensure appropriate siting of battery energy storage systems in accordance with Town policy and the
Towns land use goals;
E. To respond to the r€commendation from the Onondaga County Board to compose and adopt an
ordinance to manage the review and permitting of battery erîergy storage systems; and
F. To create synergy between battery energy storage system deve•lopment and:
(1) Promote and manage new development in the Town t&protect resources and the Towns unique
identity, create new places, and balance the cost of providing public services;
(2) Ensure that growth occurs in a manner that preserves the quality of life and character of the
community;
(3) Preserve and enhance the character ofexisting neighborhoods and hamlets;
(4) Preserve and protect natural resources and farmland, and support the agricultural economy; and
(5) Ensure the availability of public facilities, infrastructure, and services that adequately serve the
present and future needs of Clay.
The Town Board of the Town of Clay makes the following findings, which are cumulative and interrelated and
shall be liberally construed: Throughout New Vork State, shortsighted and haphazard planning has frequently
resulted in the creation or exacerbation of problem industries which adversely impact public health and
quality of life, cause proliferation of pollution, compromise aesthetics, and degrade community character;
A. Battery energy storage systems have increased significantly in number throughout the State and country and without careful panning, they can be sited without sufficient regard for their impact on the health, welfare, and safety of residents; B. The Town of Clay is a suburban community with a diverse landscape consisting of extensive river frontage, significant amount of wetlands, and sensitive soils; C. The Town of Clay has a significant agricultural community supporting various agricultural uses; D. lf not properly regulated, installation of battery energy storage systems can create drainage problems through erosion and lack of sediment control for facility and access roads and can harm farmland and wetlands through improper construction methods; E. Battery energy storage systems, when improperly sited, are knawn to adversely affect property values and cause economic hardship to roperty owners; F. Battery energy storage systems may be significant sources of noise, including infrasound, that, if unregulated, can negativeiy affect quiet enjoyment ofthe area) properties, and the health and quality of life of residents; G. Constructìon of battery energy storage systems can create traffic problems and can cause darnage to local roads and infrastructure due to the weight ofthe units; H. Battery energy storage systems have the potential to cause electromagnetic interfcrence with varíous types of communications;
l. Battery energy storage systems need to be regulated for removal when no longer utilized. lt is incumbent
upon the Town of Clay to ensure that funding for rernovat is secured as part of the perniitting process;
(1) As of the date of enactment qf this Law, the overwhelrning majority of utility- or grid-scale battery
energy storage systenis in the tinited States, which are classified as lðTier 3 hereïn, utilize lithium-ion
cells. While lithium-ion battery tcchnology offers numerous advantages in terms of iongevity, energy
density, and weight, it has numerous drawbacks as well, manv of which are of concern to the Town
Board, including but not limited to the following: Lithium-ion batteries utilize flammable electrolytes
rather than the aqueous (water-based) electrolytes found in older battery technologies such as lead-
acíd and nickel-metal hydride;
(2) Uthiuni-ion batteries are particularìy vulnerabie to a condition known as thermai runaway•• whereby
heat is generated at a higher rate than it can be dissipated. lf a cell-specific critical temperature is
reached, the internal cell structure can break down and the flammable electrolyte generates a
flammable gas. lfthe ínternal pressurc within the cell exceeds the niechanical strength ofthe battery
housing, the housing niay rupture. Alternatively, ifthe pressure exceeds a pre-set limit, a safety valve
may open. ln either case, a situation known as an ofí-gas event has occurred, and ifan ignition source
is present, the gaseous electrolyte may ignite;
(3) lgnition of gaseous electrolyte or the heat generated by the thermal runaway itself can heat adjacent
cells above their critical temperatures, resulting in a cascading thermai runaway. Thus, a failure in a
single cell failure may propagate and cause a catastrophic event invoiving the entire system;
(4) Off-gas events can reiease substantial amounts of electrolyte and combustion gases. Off-gases from
lithium-ion batteries are extrernely toxic and can contain mixtures of carbon monoxide, hydrogen,
ethylene, methane, ethane, benzene, hydrogen fluoride, hydrogen chioride, and hydrogen cyanide,
depending on the battery type. Hydrogen fluoride forms hydrofluoric acid upon contact with water,
including water vapor in the ar and moisture in the lungs and on the eyes. Hydrofluoric acid is highly
corrosive and can cause chemical burns and blindness and, in addition, is a powerful contact poison
that is readily absorbed through the skin, eyes, and lungs and can cause cardiac arrest. Hydrogen
chloride forms hydrochloric acid upon contact with water, including water vapor in the air and
moisture in the lungs and on the eyes, Hydrochloric acid is corrosive and can cause chemical burns
on the skin, respiratory tract, and eyes, and in severe cases can cause permanent eye damage and
death; and
(5) lf off-gas accumulates within a space, there is a high risk of instantaneous ignition. The pressure from
the resulting deflagration can rupture the structure;
J. ln the event ofa thermal runaway, other batteryfailure, or a conventional firethat spreads tothe batteries,
the foregoing constitute a serious danger to first responders, passers-by, and persons on nearby
properties. They also constitute a serious environmental hazard;
K. Due to the foregoing risks, this chapter contains regulations requiring passive and active fire protection,
explosion prevention, and other measures to mitigate the serious risks inherent to battery energy storage
systems. However, no policy, procedure, or measure can provide complete safety or an absolute
guarantee against a catastrophic event. Accordingly, strict rules and regulations regarding the
construction, operation, and placement of battery energy storage systems are appropriate; and when
considering the construction and maintenance of largescale systems, appropriate weight and
consideration should be given to numerousfactors, including but not limited to the following:
(1) The proxiniity ofthe proposed system to residential areasšchools, environmental resources including
but not íimited to wetlands, rivers, lakes, streams, and creeks;
(2) The relative distress and disruption caused to the community;
(3) The actual necessity for such facility given energy production in the area and region, including but not
limited to clean energy production;
(4) Past and present stresses and disruption imposed upon arì area due to all types of energy production;
(5) Alternatives to the proposed facility, including location in other areas, location in areas where demand
is greater; and
(6) The need to balance the burden upon the community with the potential benefits that the community
may enjoy ifthe facility is approved.
§209-3 Definitions.
ANSI: American National standards lnstitute.
BAflERY(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 Chapter) batteries utilized in consumer products are excluded from these requirements.
BAflERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic supervisory system that protects energy
storage systems from operating outside their safe operating parameters and disconnects electrical power to
the energy storage system or places it in a safe condition if potentially hazardous temperatures or other
conditions are detected. One of the niain functions of the BMS is to keep the cells operating within their
designed operating parameters to prevent thermal runaway.
BAflERY ENERGY STORAGE SYSTEM: A collection ofcells, assembled together, housed in a self-contained unit,
or in a building that is constructed to meet specific standards related to industry and local fire codes, that is
capable of storing energy in order to supply electrical energy to a building, a group of buildings, and/or the
electrical grid at a future time. A battery energy storage system is classifled as a Ticr 1, Tier 2, or Tier 3 battery
energy storage system as follows:
A. Tier 1 battery energy storage systems include either:
(i) Battery energy storage systems for one- to two-family residential dwellings within or outside the
structure with an aggregate energy capacity that shall not excced:
a. Forty kWh within utility closets and storage or utility spaces;
b. Eighty kWh in attached or detached garages and detached accessory structures;
c. Eighty kwh on exterior walls; or outdoors on the ground.
(2) Other battery energy storage systems with an aggregate encrgy capacity less than or equal to the
threshold capacity listed in Table 1.
Tier 2 battery energy storage systems include battery energy storage systems that are not included in Tier i,
have an aggregate energy capacity greater than the threshold capacity listed in Table 1, and have an aggregate
energy capacity less than 600 kwh.
Table i: Battery Energy Storage Systerr Tier 2 Threshold
L Battery Technolog
Flow batteries 20 kwh
Lead acid, all types 70 kWh
Lithium, all types 20 kwh
Nickel cadmium (Ni-Cd) 70 kwh
Nickel metal hydride (Ni-MH) 70 kwh
Other batterv technolo&ies io kwh
B. Tier 3 battery energy storage systems include either:
(1) Battery energy storage systems with an aggregate energy capacity greaterthan or equal to 600 kWh;
or
(2) Battery energy storage systems with more than one storage battery technology provided in a room or
indoor area.
CELL: The basic electrochemical unit, characterized by an anode and a cathode, used to rcceive, store, and
deliver electrical energy.
CODE ENFORCEMENT OFFICER: The Code Enforcement Officer of the Town of Clay.
COMBUSTIBLE STORAGE FACILITV: Any facility dedicated to the large-scale storage of gasoline, propane,
natural gas, fuel oil, or similar products stored in permanent and stationary storage.
COMMISSIONING: A systematic process that provides documented confirmation that a battery energy
5
storage system functions accordìng to the intended design criteria and complies with applicable code
requirenients.
CORRELATED COLOR TEMPERATIJRE: rhe specification ofthe colorappearance ofthe light emitted by a lanip,
relating its color to the color of light from a reference source when heated to a particular temperature,
measured in degrees Kelvin (K).
CRITICAL TRANSPORTATION INFRASTRUCTURE: Roadways or railways that, if closed, isolate residents,
seasonal dwellings, or camping sites troni egress from the region.
DEDICATED-USE BUILDINE: A building that is built for the primary purpose of housing battery energy storage
system equipment and is classified as Group F-1 occupancy as defined in the lnternational Building Code. lt is
constructed in accordance with the Uniform Code, and it complies with the foltowing:
A. The buildings only permitted primary use is for battery energy storage, energy generation, and other
electrical-grid-related operations;
B. Occupants in the rooms and areas containing battery energy storage systems are limited to personnel
that operate, maintain, service, test, and repair the battery energy storage system and other energy
systems;
C. No other occupancy types are permitted in the building; and
D. Administrative and support personnel are perriiitted in incidental-use areas within the buildings that do
not contain battery energy storage system, provided the tollowing:
(1) The areas do not occupy more than 10-percent of the building area of the story in which they are
located; and
(2) A means of egress is provided from the incidental-use areas to a public way that does not require
occupants to traverse through areas containing battery energy storage systems or other energy
systems.
DISASTER RESPONSE FACILITY: Any building or structure that serves a disaster response role for the
community, including, but not lirnited to, schools, hospitals, police stations, fire stations, public libraries,
animal or human detention or shelter facilities, and garages or marina berths (and the berthing access
pathways) provithng dedicated storage of emergency response equipment.
DWELLING UNIT: One or niore rooms arranged for complete, independent housekeeping purposes with space
for eating, living, and sleeping, facilities for cooking, and provisions for sanitation.
ENERGY CODE: The New York State Energy Conservation Constru€tion code adopted pursuant to Article 11of
the Energy Chapter, as currentíy in effect and as hereafter amended from time to tíme.
FIRE CODE: The fire code section ofthe New Vork State Uniform Fire Prevention and Building Code adopted
pursuantto Article 18 ofthe Executive Chapter, as currently in effect and as hereafter amended from time to
time.
6
FLOW BATTERY: A type of rechargeable battery that uses typically 1arge1 separated liquid reservoirs of
eiectrolytes that flow through a reaction zone to store, charge, and discharge energy. These electrolytes are
typically nonfiammable.
INSTALLED HEIGHT: The height above average finished grade ofthe lowest point on an installed luminaire. KELVIN: A unit increment of temperature which is used as a color temperature scale ot a light bulb. The symbol for Kelvin is K. LEAD-ACID BATTERY: A rechargeable battery that is comprised of lead electrodes immersed in sulfuric acid electrolyte. These batteries may be flooded, vented, sealed, or may come in other form factors. They may produce hazardous gases during normal operations. LITHIUM-ION BAflERY: A storage battery with lithium ions serving as the charge carriers of the battery. The electrolyte is typically a mixture of organic solvents with an inorganic salt and can be in a liquid or a gelled polymer form. LUMENS PER NET ACRE: The total number of iumens produced by all lamps utilized in outdoor lighting on a property dMded by the number of acres, or part of an acre, ofthe property to be illuminated. For the purpose of this calculation, the initial lumen rating declared by the manufacturer, which consists of the lumen rating of a lamp at the end of 100 hours of operation, shall be used. LUMINAIRE: An individual lighting assembly, including the lamp and any housings, reflectors, globes, lenses, shields, orother components designed to block ordistribute light. Forthe purposes ofthis Chapter, an internally illuminated sign is not considered a luminaire. MODULE: A combination of muitiple battery cells electrically connected and housed within a protective casing.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL): A U.S. Department of Labor designation
recognizing a private sector organization to perform certification for certain products to ensure that they meet
the requirements of both the construction and general industry OSHA electrical standards.
NEC: National Flectric Code.
NFPA: National Fire Protection Association.
NICKEL-BASED BAflERY: A rechargeable battery in which the positive active material is nickel oxide, the
negative contains either cadmium (tlickel-cadniium, Ni-Cd), hydrogen ions stored in a metal-hydride
structure (Nickel-metal hydride, Ni-MH), or zinc (Nickel-zinc, Ni-Zn) as the electrode and the electrolyte is
potassium hyd roxide.
NON-DEDICATED-USE BUILDING: All buildings that contain a battery energy storage system and do not
comply with the dedicated-use building requirements, including all other occupancy types such as, but not
limíted to, commercial, industrial, offices, and multifamily housing.
NONPARTICIPATING PROPERTY: Any property that is not a participating property.
OCCUPIED COMMUNITV BUILDING: Any building in Occupancy Group A, B, E, l, R, as defined in the
lnternational Building Code, including but not limited to schools, colleges, day-care facilities, hospitals,
correctional facilìties, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
ONE- TO TWO-FAMILV DWELLING: A building that contains not more than two dwelling units with independent cooking and bathroom facilities. PARTICIPATING PROPERTY: A battery energy storage system h9st property or any real property that is the subject of an agreement tbat provides for the payment of monetay compensation to the Iandowner from the battery energy storage system owner (or affiliate), regardless ofwhether any part of a battery energy storage sytem is constructed on the property. SPECIAL FLOOD HAZARD AREA: The land area covered by the flooJwaters ofthe base flood is the special flood hazard area (SFHA) on NFIP maps. The SFHA is the area where the National Flood lnsurance Programs (NFIPs) íloodplain management regulations must be enforced andthe area where the mandatory purchase oíflooð insurance applies. THERMAL RUNAWAV: A condition whereby individual battery cells enter an uncontrollable, self-heating state in which heat is generated at a higher rate than it can be dissipated. Thermal runaway events can result in ejection of shrapnel, particulates, and/or toxic/flammable gas, as well as extremely high temperatures, smoke, and fire. Fires caused by thermal runaway or the thermal runaway itself can heat adjacent cells to critical ternperatures, restlting in a cascading thermai runaway. TOWN: The Town of Clay. TOWN BOARD: The Town of Clay Town Board.
UNIFORM CODE: The New York State uniform Fire Prevention and Building Code adopted pursuant to Article
18 of the Executive Chapter, as currently in effect and as hereafter amended from time to time.
§209-4 Applicability.
A. The requirenients of this Local Chapter shall apply to all Battery Energy Storage Systems permitted,
installed, or modified in the Town after the effective date of this Chapter, excluding general
maintenance and repair, but including all battery energy storage systems for which an application of any
type was pending as ofthe effective date of Local Chapter Number # ofthe Vear 2026.
B. Battery energy storage systems constructed or installed prior to the effective date of this Local Chapter
shall not be required to meet the requirements ofthis Local Chapter.
C. Modifications to, retrofits, or replacements of a battery energy storage system constructed or installed
prior to the effective date of this Chapter that increase the total battery energy storage system designed
discharge duration, storage capacity, or power rating shall be subject to this Chapter.
§209-S General Requirements.
A. A Building Permit and Battery Energy Storage System Permit sFall be required for installation ofall battery
energy storage systems.
B. lssuance of permits and approvals by the Town ßoard and Planning ßoard shall include review pursuant to
Article 8 of the Environmental Conservation Chapter and its implementing regulations at 6 NYCRR 617,
also known as the State Environmental Quaiity Review Act or SEQRA.
C. Prior to operatšon, electrical connections must be inspected by an appropriate licensed electrica(
inspection person or agency, as determined by the Town. An electrical inspector must supply written
verification that all electrical connections pass inspection.
D. All battery energy storage systems, all dedicated use buildings, and all other buildings or structures that
contaìn or are otherwise assocìated with a battery energy storage system and subject to the Uniform Code
and/or the Energy Code shall be desígned, erected, and installed in accordance with all applicable
provisions ofthe Uniform Code, all applicable provisions ofthe Energy Code, and al( applícable provisions
of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code,
and the Town Code.
E. All battery energy storage systems, regardless ofTier, shall require the issuance of a ßuilding Permit. Tier
2 and Tìer 3 battery energy storage systems shal! addìtional!y require the issuance of applicable Town
approvals and permits, including Site Plan approval and a BESS Special Use Permit. Applicable fees shall
be established by the Town Board and may be amended fron time to time by resotution.
F. Tier 2 and Tier 3 battery energy storage systems may be permitted on sites occupied by approved solar
farms located within Commercial Zoning Districts.
G. Where a conflict exists between two or more codes, the more stringent code(s) shall apply.
H. For battery energy storage systems subject to Site Plan review, the Town shall impose, and may update
as appropriate, a schedule ot fees or a deposit, to recover expenses associated with engineering,
environmental, other professional services, and/or legal services determined to be reasonably necessary
in the processing of an application under this Chapter. All fees for outside professionals shall be paid by
the applicant. All approved sites and buildings shall be demarcated with a weatherproofdecal, sticker, or
sìgn to uniformly identifythe presence of a battery energy storage system. such deca!, sticker, or sign shall
be consistent with the requirements of Uniform Code Section 1206.11.8, and shall be placed on the electric
meter, on the main electrical switch panel, and by the front entry door.
l. Nothing listed herein shall be deemed to restrict the Planning Board or Town Board, as appropriate, from
requiring stricter standards for safety, the mitigation of environmental impacts, and/or to protect the
character of existing neighborhoods.
§209-6 Permitting Requirements for Tier 1 Battery Energy Storage Systems.
Tier 1 battery energy storage systems shall be permitted in all zoning districts through the issuance of a
Building Permit and shall be exempt from Site Plan review by the Planning Board.
§209-7 Permitting Requirements for Tier 2 Battery Energy Storage Systems.
Tier 2 battery energy storage systems shall be permitted only within the Highway Commercial (Hc-1), Regional
Commercial (RC-1), lndustrial 1 (1-1), and lndustrial 2 (1-2) Zoning Districts, and only upon the approval of a
Site Plan by the Planning Board, the issuance of a ßattery Energy Storage System Special Use Permit by the
Town Board, and a Building Permit. The Site Plan Appiication shall contain the information and materials
required pursuant to Sectiorì 209-9 of this Chapter.
§209-8 Permitting Requirements and Procedures forTier 3 Battery Energy Storage Systems.
Tìer 3 battery energy storage systerns shall be permìtted only within the lndustrial 1 (1-1) and lndustrial 2 (1-2)
Zoning Districts, and only upon the approval of a Site Plan by the Planning Board, the granting of a BESS Special
Use Permit by the Town Board and the issuance of a Building Permit. The Site Plan Applicatíon shatt contain
the information and materials required pursuant to Section 209-9 of this Chapter.
A. Applications for the installation of Tier 3 battery energy storagesystem shall be:
(1) Reviewed by the Commissioner of Planning & Development for completeness. An application shall be
comptete when it addresses all matters listed in this Chapter, including, but not necessarily limited to
compliance with all applicable provisions of the Uniform Code and all applicable provisions of the
Energy Code and 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 shatl be advised within 45 calendar days ofthe 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. The Town Board shall
have a notice printed in a newspaper ofgeneral circulation in the Town at Jeast 10 days in advance of
such hearing. Applicants shall have delivered the notice by first-class mait to adjoining landowners or
landowners within 1,000 feet ofthe property at least 10 days prior to such a hearing. Proof of mailing
shalt be provided to the Town Board at the public hearing
(3) Referred to the Onondaga County Planning Department pursuant to General Municipal Chapter
§239-m and the Town Planning Board for Site Plan review and advisory report.
B. Upon ctosing of the public hearing, the Town Board shall take action on the apptication within 62 days of
the public hearing, which can include approval, conditional approval, or denial. The 62-day period may be
extended upon consent ofthe Town Board and applicant.
C. Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and
as permitted by the serving utiiity, wíth the exceptíon ofthe main service connection at the utitity company
right-of-way and any new interconnection equipment, including without limitation any poles with new
easements and rights-of-way.
D. vehicular paths. vehicular paths within the site shall be designed to minimize the extent of impervious
materials and soil compaction.
E. Signage.
(1) Pursuant to NFPA 855 Annex B, Section B.4 — Hazard CQnsiderations Under EmergencyjAbnormal
Conditions, NFPA 704 placarding in connection with all battery energy storage systems and signage in
compliance with ANSI 7535 shall be of an appropriate size and material and shall be placed outside the
access gate or facility door. Such placard shall also include the following:
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a. The type of battery technology;
b. Any special hazards associated with said technology;
c. The type of fire-suppressian system installed in the area of the battery energy storage systems;
d. Twenty-four-hour emergency contact information (name/number), including applicable local,
public, and private entities.
(2) As required by the Nationai Electric Code (NFC), disconnect and other emergericy 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-rnounted transformers and substations.
F. Lighting.
(1) Except as otherwise provided hereiri, all outdoor lighting at Tier 3 battery energy storage systern sites
shall be designed, instaried, and operated in such a manner as to reduce light poliution. where
practicabie, and ifconsistent with appiicable Chapter, reflective paints and self-luminous rnarkers shall
be used for signs, curbs, steps, and other locations to reduce the need for perrnanently installed
outdoor lighting.
(2) Luminaires:
a. All outdoor lurninaires shall be fully shielded and installed in the proper orientation to achieve
fully shielded performance with respect to the horizontal plane.
b. The installed height of an outdoor luminaire shall not exceed twenty-five (25) feet.
c. Ail light sources shall have a correlated color temperature of 3,0000 Kelvin or less.
d. Upward-directed lighting is prohibited.
e. All outdoor luminaires shall be controlled by a system that automatically extinguishes them when
sufficient daylight is available using a control device or systenl such as a photoelectric switch,
astronornic tme swtch, or equïvalent tunctions trorn a prograniable lghting controller, buldng
automatiori systern, or lighting energy management systern.
(3) The total light output from all luminaires used for outdoor lighting shall not exceed 100,000 lumens
per net acre. Lighting installations located under canopies shall contribute 50-percent of their light
output toward this lirnit.
(4) Exemptons. The tollowing are exempt troni the lighting restrictions set torth herein:
a. Lighting required by Town,county, state, or federal Chapter, including single-purpose emergency
egress lighting on a structhre;
b. Portable lighting temporarily used for maintenance or repair, provided that it does not create a
11
hazard or nuisance and is deployed in such a manner as to minimize transniission cf light offsite;
c. Upward-directed lighting to illuminate a flag. Flag illumination shall have a maximum inclination
of 45° with a light output of up to 1,100 lumens and 60° with a light output of up to 800 lumens;
d. upward-directed lighting to illuminate a ground-mounted, non-internally illuminated sign. Sign
illumination shall have a maximum inclination of45° and a maximum light output is 1,100 lumens;
e. Lighting contrDlled a motion-activated sensor that illuminates the luminaire for no more than five
(S) minutes upon activation, provided that said luminaire has the necessary shielding and/or
beam-angle control such that the light source is not visible along any property line, as viewed at
a height of 36 inches above grade;
f. Lighting activated automatically in response to an alarm, provided that said lighting is
programmed to deactivate no more than thirty (30) minutes after the event that triggered the
alarm has ended; and
g. Lighting under canopies and garage entrances are exempt from the automatic lighting control
requirement only.
G. Vegetation and tree cutting. Areas within 20 feet on each side of Tier 3 battery energy storage systems shall be cleared of combustible vegetation and other combùstible 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 tht they do not form a means of readily transmitting fire. Removal oftreesshould be minimizedtothe extent possible.
H. Noise. The 10-minute 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 extremities
of the battery energy storage system-sited property, as well as the outside wall of any nonparticipating
property and occupied community building. The average noise requirement shall be conducted when all
cooling systems and associated fans/blowers are running at their loudest speed setting. Applicants may
subrïiit equipment and component manufacturers1 noise ratings to demonstrate initial compliance only if
in situ readings are also provided as taken by a qualified acoustical consultant or engineer upon
commissioning of the project. 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. No momentary noise generation shall
exceed 90 dBA.
Decommissioning
(1) Battery energy storage systems that have been abandoned for one year shaJi be removed at the
owners and/or operators expense which, at the owners option, may come in part or whole from any
security made with the Town.
(2) 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. The decommissioning plan shall also include:
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a. The anticipated life ofthe battery energy storage system;
b. The anticipated years to large (>10-percent of initial equipment capital cost) reinvestments or
component replacements;
c. A narrative description of the activities to be accomplished for removing all battery energy storage
system components, structures, equipment, security barriers, and transmission lines from the
site;
d. The manner in which the site will be restored, including a description of how any changes to the
surrounding areas and other systems adjacent to the battery energy storage system, such as, but
not liniiteci to, structuraì elements, buiìding penetrations, means of egress, and required fire
detection suppression systems, will be protected during decommissioning and confirmed as being
acceptable after the system is removed;
e. Disposal of all solid, liquid, and/or hazardous waste in accordance with local, state, and federal
waste disposal regulations; and
f. A listing of any contingencies for removing an intact operational energy storage system from
service, and for removing an energy storage system that has been damaged by a fire or other
event.
(3) The Town at its option may obtain its own decommissioning plan, the cost of which shall be borne by
the applicant.
(4) Security, limited access agreement, assessment of expenses, and iilsurance.
a. The Town of Clay recognizes the importance ofthe need to possess adequate security in an easily
convertible and usable form in the event the Town is forced to act to decommission the arrays
and remediate a property if a permitted operation is abandoned. Clay also recognizes the long-
term nature ofsome ofthese projects and the need to have a full cash security posting before the
life of the project expiration date. Accordingly, the Town of Clay will require the posting of a cash
component of no less than 50-percent ofthe totar security amount determined, in addition to the
initial posting of an irrevocable retter of credit. The Town shall require ali applícants to post
additional cash with corresponding decreases in the letter of credit posting throughout the terni
of the project life until the Town has a full cash security posting. The deposit, executions, or filing
with the Town Comptroller of cash and/or irrevocable letter ofcredit shall be in an amount set by
the Town Engineer or Attorney, and sufficient to ensure the good-faith performance of the terms
and conditions of the permit issued pursuant hereto and to provide for the removal and
restorations ofthe site subsequent to removal. ln addition to the NYSERDA guidelines, the security
amount shall factor in: mobilization costs, a minimum 2.5-percent escalation, a 30-percent
contingency and consideration that prevailing wage rates will be required should the
deconimissioning fall to the Town.
b. ln the event of default upon performance of such conditions, after proper notice and expiration
of any cure periods, the cash and/or letter of credit security shall be forfeited to the Town, which
shall be entitled to maintain an action thereon. The cash deposit and/or security shall remain in
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full torce and efíect until restoration of the property as set forth in the decommissìoning plan is
completed. The Town may also bring legal action against the applicantfor any unrecovered losses.
c. ln the event of default or abandonment ofthe battery energy storage system, the system shall be
decommissioned as set forth herein.
d. Any expenses or losses incurred by the Town and not reimbursed by any security in connection
with the cost of removal of abandoned equipment or other related items and legal fees and
expenses shall be levied and collected in the same mnner as provided in the Town Chapter for
the levy and collection of a special ad valorem levy çn the real property on which the battery
energy storage system is located. This assessment shall be assessed on the next assessment
against said property, and the same shaíl be íevied and collected in the same manner as the
regular Town tax.
e. lnsurance. The applicant and/or owner shall maintain a current insurance policy which will cover
the installation and operation of the Tier 3 project at all times in the minimum amount of
$5,000,000 property and personal liability coverage and provide proof ot such policy to the Town
on an annual basis.
f. Limited site access agreement. The Town of Clay shallrequire all applicants to enter into a limited
site access agreement upon the posting of security to ensure the Town may access the property
in the event the Town is forced to act to decommission the project. The agreement shall be
prepared by the Town Attorney in a form and content acceptable to the Town Board.
K. System Owners Representative.
(1) Any applicant and subsequent system owner shall have an individual on-site within two hours of any
emergency at any time to manage the emergency scene in conjunction with Town authorities, fire
department(s), and other first responders. All emergency response activities shall be under the
command of the local fire authority in accordance with the lncident Command System (ICS). For the
purposes ofthis provision, emergencies include but are not limited to fire, explosions, smoke, leakage,
excessive noise, and requests for medical assistance.
(2) Any applicant and subsequent system owner shall have a trained representative available by
telephone within fifteen (15) minutes to provide direction to first responders in case of an emergency.
Said representative shall be fluent in the English language. The applicant and system owner shall
consult with local fire departments to determine if two-way communication can be established from
the site location or if a landline must be added to provide for such communication
(3) A system owner shall provide and maintain in working order a first responder panel that displays, in
real-time, the operationaJ status of the facility as well as clear language for fire response procedures
The system owner shall provide and keep operational a system for automated notification of any
emergency events to inform local first responders.
L. Setbacks.
(1) All Battery Energv Storage System (BESS) proposals shall comply with the minimum yard, setback, and
dimensional requirements applicable to the underlying zoning district in which the project is located.
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Required setbacks sha(l be measured from the nearest property line of the subject parcel to the
closest exterior component of the BESS facility, including but not limited to equipment enclosures,
battery units, inverters, transformers, and security fencing.
ln recognition of the scale and potential operational impacts associated with larger facilities, Tier 2
and Tier 3 BESS installations shall provide an additional fifty (50) feet of setback beyond the minimum
setback otherwise required by the applicable zoning district along any property line directly abutting
an existing residence and/or a residential zoning district. The additional setback requirement shall
appty only to those portions of the site adjoining the residence and/or residentiat zoning district and
shall not be construed to apply to the entire perimeter ofthe BESS site.
No portion ofthe ßESS facility, including fencing or associated equipment, shalr be located within any
required setback area.
M. Roads.
(1) Applicants shall avoid damaging roads and shall be responsible for mitigation of damage, if any. lfthe
Town Board shall so direct, a Town Roads Damage Avoidance and Mitigation Plan may be required and
shall contain the following:
a. ldentiflcation of potential road usage. The applicant shall identify, with the approval of the
Highway Superintendent and Towii Engineer, all state, county, and Town roads to be used within
the Town of Clay to transport equipment, parts, and material for construction, operation, and/or
maintenance of the battery energy storage system and related components.
b. Documentation of road conditions. Prior to construction and decommissioning, the Highway
Superintendent, Town Engineer, and/or their designee shall document the then-current road
conditions of the Town rpads identified for use, with all associated costs paid by the applicant
as provided in this Chaptçr. Conditions shall be reassessed and documented within thirty (30)
days after the comptetion of construction and decommissioning, or as soon thereafter as weather
allows.
(2) Any road preparation and/or maintenance necessitated or occasioned by the construction or
decommissioning of the proposed battery energy storage system or damage caused by the applicant,
operator? and/or their contractors during construction and decommissioning shall be prompt(y
completed or required, as appropriate, at the applicant or operators expense.
(3) lf a Town Roads Damage Avoidance and Mitigation Plan is prepared, a copy shall be forwarded to the
Onondaga County Department of Transportation and the New York State Department of
Tra ns portation.
§209-9 Site Plan Application.
A. Site Plan approval by the PlanningBoard is required for Tier 2 and Tier 3 battery energy storage systerns.
ln addition to the requirements imposed by Section 230-27 ofthe Zoning Ordinance, Site Plan Applications
shall include the following information:
(1) Property lines and physical features, including roads, and all improvements for the project site as
15
shown on a current survey prepared and certified by a licensed land surveyor;
(2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior
lighting, and screeningvegetation orstructures;
(3) A one- or three-line (as determined by the Planning Board) electrical diagram detailing the battery
energy storage system layout, associated components, afld electrical interconnection methods, wìth
all National Electrical Code-compliant disconnects and over-current devices;
(4) A preliminary equipment specification sheet that documents the proposed battery energy storage
system components, inverters, and associated electricalequipment that are to be installed. A final
equipment specification sheet shall be submitted prior to the issuance ofa Building Permit;
(5) Name, address, and contact information ofthe proposed or potential system installer and the owner
and/or operator of the hattery energy storage system. Such inforniation of the fìnal system installer
shall be submitted prior to the issuance of a Building Permit, name, address, phone number, and
signature of the project applicant as well as all the property owners, demonstrating their consent to
the applicatian and the use of the property for the battery energy storage system;
(6) Zoning district designation for the parcel(s) comprising tlie project site and all parcels immediately
adjacent thereto, including the identification of any exising residences and/or residential zoning
districts adjoining the project site;
(7) Commissioning plarì.
a. Such plan shall document and verify that the system and its associated controls and safetysystems
are in proper working condition per requirenients set forth in the Uniform Code. Battery energy
storage systeni 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 commissioriing. A report describing the results of the system
commissioning and including the results ofthe initial acceptance testing required in the Uniform
Code shall be provided to the Town Board priorto final inspection and approval and maintained at
an approved on-site location.
b. Such plan shall comply with the Uniform Code and include, at a minimum, the following
information:
i. A narrative description of the activities that will be accomplished during each phase of
commissioning, including the personnel intended to accomplish each ofthe activities;
ii. A listing ofthe specific battery energy storage system and associated components, controls
and safety-related devices to be tested, a description of the tests to be performed and the
functions to be tested;
iii. Conditions under which all testing will be performed that are representative ofthe conditions
during normal operation of the system;
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iv. Documentation of the owners project requirements and the basis of design necessary to
understand the installation and operation ofthe battery energy storage system;
v. Verification that required equipment and systenis are installed in accordance with the
approved plans and spedfications;
vi. lntegrated testing for all fire and safety systems;
vii. Testing for any required thernial nianagement, ventilation, or exhaust systems associated
with the battery energy storage system installation;
viii. Preparation and delivery of operation and niaintenance documentation;
ix. Traning offacility operating and maintenance staff;
x. ldentification and docunientation of the requirements for niaintaining system performance
to meet the original design intent during the operation phase; and
xi. ldentification and documentation of personnel who are qualified to service, maintain, and
decommission the battery energy storage system, and respond to incidents involving the
battery energy storage system, including documentation that such service has been
contracted for.
c. Energy storage system commissioning shall not be required for lead-acid and nickel-cadmium
battery systems at facilities under the exclusive control of communications utilities that comply
with NFPA 76 and operate at less than 50 VAC and 60 VDC;
(8) 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.
(9) System and property operation and maintenance manuar.
a. Such manual or 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.
b. The operation and maintenance manual shall be provided to both the battery energy storage
systern owner and their operator before the system is put into operation. The battery energy
storage system shall be operated and maintained in accordance with the manual and a copyofthe
documentation shall be retained at an approved on-site location to be accessible to facility
personnel, fire code officials, and emergency responders.
c. ln addition to complying with the Uniform Code, the battery energy storage system operation and
maintenance manuar shajl, at a minimum, include design, construction, installation, testing, and
commissioning informatiori associated with the battery energy storage system as initially
approved after being commissioned, as well as the following information:
17
i. Manufacturers operatian manuals and maintenance manuals for the entire battery energy
storage system or for each component of the system requiring niaintenance, that clearly
identify the required routine maintenance actions;
ii. The name, address, and telephone number of a service agency that has been contracted to
service the battery energy storage system and its associated safety systems;
iii. Maintenance and calibration information, including wiring diagranis, control drawings,
scheniatics, system programming instructions, and control sequence descriptions for all
energy storage control systems;
iv. Desired or field-determined control set points that are permanently recorded on control
drawings at control devices or, for digital control systems, in systeni programming
instructions;
v. A schedule for inspecting and recalibrating all battery energy storage system controls;
vi. A service record log form that lists the schedule for all required servicing and maintenance
actions and space for logging such actions that are completed overtime and retained on site;
and
vii. lnspection and testing records;
(1O)Erosion and sediment control and stormwater nianagement plans prepared to New Vork State
Department of Environmental Conservation standards, ifapplicable, and to such standards as may be
established by the Town Board;
(11)Emergency operations plan.
a. An emergency operations plan shall include the following information:
i. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under
eniergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for
safe startLip following cessation of emergency conditions;
ii. Procedures for inspection and testing of associated alarnis, interlocks, and controls;
iii. Procedures to be followed in response to notifications from the battery energy storage
nianagement system, when provided, that could signify potentially dangerous conditions,
including shutting down equipment, sunimoning service and repair personnel, and providing
agreed-upon notification to fire department personnel for potentially hazardous conditions
in the event of a system failure;
iv. Emergency procedures to be followed in case offire, explosion, release of liquids or vapors,
damage to critical moving parts, or other potentially dangerous conditions. Procedures shall
include at a minimuni activation ofan alarm, notification ofa local fire department, evacuation
of personnel, de-energization of equipment and control/extinguishing of the fire if
18 -
appropriate;
v. Response considerations similarto a safety data sheet {SDS) that will address response safety
concerns and extinguishment when an SDS ís not required;
vi. Procedures for dealing with battery energy storage system equipment damaged in a fire or
other emergency event, including maintaining contact information for personnel qualified
to safely remove damaged battery energy storage system equipment from the facility;
vii. Other procedures as determined necessary by the Town to provide for the safety of occupants
and eniergency responders;
viii. Procedures and schedules forconducting drills ofthese procedures and fortraining local first
responders on the contents ofthe plan and appropriate response procedures;
ix. A map efthe area indicating emergency access roads with turning radii dimensions and a turn-
around loop; and
x. A listing of the required personal protective equipment (including self-contained breathing
apparatus) to be on-site irnniecliately;
(12)ln the case of a battery energy storage system utilizing lithium-ion batteries, a Hazard Mitigation
Analysis (HMA) and Fire Risk Assessment pursuant to NFPA 855 Annex G and New York State Fire
Code.
a. Such analysis and assessment shail include, in addition to or supplemental to the requirements
of NFPA 85S Annex G:
A detailed analysis of the available water supply for the fire suppression system and intended
fire suppression system design. Capacity for a minimum of two external fire hose streams
shall be included for potential fire department use of intervention is required by the local fire
department, provided, however, that the required quantity of hose streams may be increased
based on consultation with the local responsible and backup fire departments;
ii. Emergency equipment avaitabitity;
iii. Availabiifty of operator supervision in a timely rnanner in accordance with the current New
York State Fire Code (Uniform Code) as well as any requirements set forth herein;
iv. Capability and required actions of local first responders. special concerns shall be given to
prior response data of the local fire departnients and the applicant, and the documentation
shall be clear as to who has decision making power in an emergency. This shall be reinforced
through the first responc1er panel;
v. Environmental considerations in the event of an emergency; and
vi. A determination as to whether a backup natural gas or propane generator with a power
19
output and runtime satisfactory to the Planning Board shall be required sufficient to operate
the cooling system and other critical components if the electric grid is not delivering power;
b. The Hazard Mitigation Analysis shall be a living document which shall be updated to reflect
changes in operation, configuration, and response requirements, including a post-installation
update to account for changes in design, if any, that occurred between its initial preparation and
final installation;
(13)A traffic safety circulation plan, taking into account general internal circulation, loading/truck
movements, and similar factors. The plan shall identify appropriate impact protection including but
not limited to traffic barriers, bollards, and walls; and
(14)Any other procedure or measure deemed necessary by the Planning Board to provide for the safety
of occupants, neighboring properties, and first responders.
B. Height. The maximum height for Tier 2 and Tier 3 battery energy storage systems shall be 16 feet.
C. Fencing requirements. Tier 2 and Tier 3 battery energy storage systems, including all mechanical
equipment, shall be erclosed by a fence at least eight (8) feet high with a self-locking gate to prevent
unauthorized access unless housed in a dedicated-use building. Fences shall not interfere with ventilation
or exhaust ports and shall bearwarning/no trespassing signs in the English and Spanish languages no greater
than fifty (50) feet apart.
D. Screening and visibilfty. Tier 2 and Tier 3 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 not interfere with ventilation or exhaust ports.
E. Special and additionl requirements forTier3 applications:
(1) Plans and drawings of the proposed Tier 3 installation signed, marked and/or stamped by a
professional engineer or architect registered in New York State showing the proposed layout of the
entire site along with a description of all components whether on-site or off-site, existing vegetation
and proposed clearing and grading of all sites involved. The plans and development plan shall be
drawn in sufficient detail and shall further describe:
a. Property lines and physical dimensions of the proposed site, including contours at five-foot
interva ls;
b. Location, approximate dimensions and types of all existing structure(s) and uses on the site;
c. Location ancl elevation ofthe proposed Tier 3 installation;
d. Location of all existing aboveground utility lines showing the connection of the system to the
utility line within 1,500 linear feet ofthe site;
e. where applicable, the location of all transrnission facilities proposed for installation. All
20
transmission lines and wiring associated with a Tier 3 project shall be buried underground and
include necessary encasements in accordance with the Nattonal Etectric Code and Town
requirements. The Town Board may waive this requirement if sufficient engineering data s
submitted by the applicant demonstrating that underground transmission lines are not feasible or
practical. The applicant is required to show the locations of all proposed overhead electric
utility/transmission lines, including substations and junction boxes and other electrical
components for the project on the site plan. All transmission lines and electrical wiring shall be in
compliance with the public utility companys requirements for interconnection. Any connection to
the public utility grid must be inspected by the appropriate public utility;
t. Location of all structures proposed as part of the installation;
g. Documentation of access to the project site(s), including location of all access roads, gates,
parking areas, and similar features;
A plan for clearing and/orgrading ofthe site and a stormwater pollution prevention plan (SWPPP)
for the site;
. Documentation of utility notification, including an electric service order number; and
j. The manufacturers or installers identification and appropriate warning signage shall be posted at
the site and be clearly visible.
F. Prior to the issuance of the Buijding Permit or final approval by the Town Board, engineering documents
must be signed and sealed by a New York State licensed professional engineer or registered architect.
§209-10 ownership Changes. lf the owner or operator of a battery energy storage system changes or the owner of the property upon which a battery energy storage system is sited changes, the BESS Special Use Permit shall remain in effect, provided that the successor owner or operator assumes in writing all ofthe obligations ofthe BESS Special Use Permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system or the property upon which a battery energy storage system is sited shall notify the Town of such change in ownership or operator within 30 days of the ownership change by certified mail to both the Town Clerk and Town Supervisor and addressed to the Clay Town Hall. The BESS Special Use Permit and all other local approvals for the battery energy storage system shall be void if a new owner or operator fails to provide written notification to the Town as set forth above. Reinstatement of a void BESS Special Use Permit shall be subject to the same review and approval processes for new applications under this Chapter. §209-11 Safety. A. syswm certification,
(1) Eattery energy storage systems and equipment shall be listed by a nationally recognized testing
laboratory to UL 9540 or CAN 9540 (standard for battery energy storage systems and equipment) with
subcomponents meeting each ofthe following standards that are applicable based on the storage type
(electrochemical, therrnal, mechanical):
i. UL 1973 (Standard for bafteries for use in stationary, vehicle auxiliary power and light electric rail
21
applications);
b. UL 1642 (Standard for lithium batterìes);
c. UL 1741or UL 62109 (inverters and power converters);
d. Certified underthe applicable electrìcal, building, and fire prevention codes as required; and
e. Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and
applicable codes, regulations and safety standards may be used to meet system certification
requirements.
(2) Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of
communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76
are not required to be listed.
B. 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 ìs 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.
C. Where deemed necessary by the Planning Board in the case of a Tier 2 application or the Town Board in
the case of a Tier 3 application, the Applicant shall ensure emergency access to the Facility Area for local
first responders by installing an emergency lock box or similar device, in a location and of a type subject
to approval by the Fire Chief of the volunteer fire department responsible for fire protection at the site.
D. The system owner or operator shall notify local fire departments, the Onondaga County Department of
Emergency Management, and the Town of Clay at least one (1) week prior to any scheduled maintenance
or battery removal/installation.
E. Security cameras shall be installed if required as part ofthe Hazard Mitigation Analysis or if recommended
by the Town Supervisor or his/her designee.
F. Compliance with the Uniform Code and applicable standards of NFPA 855 shall be certified annually to
the Code Fnforcement Officer.
§209-12 Permit Timeframe and Abandonment.
A. The BESS Special Use Permit and Site Plan approvals shall remain valid for a period of twelve months from
the date ofapproval, provided that a Building Permit is issued and substantial construction is commenced
within such period. lf construction is not completed in accordance with the approved final Site Plan, as
may be amended, within twelve months of approval, the Commissioner of Planning & Development may
authorize an extension oftime upon a determination that substantial progress has been made, and the
applicant is proceeding in good faith toward completion. lf anextension is not granted, all approvals shall
become null and void.
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B, ftheownerand/oroperatorfailsto complywith decommissioning upon anyabandonment, theTown niay,
at its discretion, utilize the bond and/orsecurityforthe removal ofthe Tier 3 battery energy storage system
and restoration ofthe site in accordance wtth the decommisstoning plan.
§209-13 Adclitional Environmental Regulations.
A. Avoidance Areas. ßattery energy storage systems shall not be located in the following areas:
(1) Flood Hazard Zones, unless compliance with FEMA regulations can be achieved withoutsigniticant
visual or safety impacts;
(2) Open space;
(3) Near historically and culturally significant resources, unless it can be demonstrated that an installation
will not adversely affect the resource and is fully reversible;
(4) Areas ofexceptional or unique,social archaeological, recreational, or educational value;
(5) Designated conservation areas;
(6) Areas adjacent to public, parklands, trails, or active recreation; and
(7) Any Critical Environmentai Areas adopted pursuant to SEQRA and/or the habitats of endangered
species.
(8) Wetlands Compliance.
All BESS proposals shaii comply with all appiicable federal and New York 5tate freshwater wetland
Chapters and rcgulations, including those administered by the New York State Department of
Environmental Conservation (NYSDEC). Where regulated wetlands or adjacent areas are present on
or near the project site, the applicant shall identify and delineate such resources and obtain all
required permits, approvals, and jurisdictional determinations from NYSDEC prior to the issuance of
any locai approval, ßuilding Permit, or commencement of construction.
The applícant shall provide documentation satisfactory to the reviewing authoríty demonstrating
compliance with all applicable NYSDEC wetland requirernents. No iand disturbance, clearing, gradíng,
or construction activity shall occur within any regulated wetland or adjacent area except in
accordance with duly issued permits.
B. lf ethyiene glycol is used as part of a liquid cooling system, a containment pan shall be installed
underneath the facility as a supplernentai secondary containment, together with an off-site disposal plan
satisfactory to the Planning Board.
C. ln the event of a fire or explosion, all expenses related to cleanup and remediation shall be paid or
reimbursed by the system owner or operator.
§209-14 Enforcement.
Any violation of this Battery Energy Storage System Chapter shall be subject to the same enforcement
requirements, includingthe civil and crirninal penalties, provided forin the zoning or land use regulations ofthe
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Town ofclay.
§209-15 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase
ofthis Chapter, as declared bythe valid judgment ofany court ofcompetent jurisdiction to be unconstitutíonal
or in any way null and/or void, 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.
§209-16 Waiver.
The Town Board niay, under appropriate conditions or circumstances, and in its absolute discretion, waive
one or more ofthe submìssion requirements contained herein.
§209-17 Fees.
Fees for application are those as established by the Town of Clay by the resolution of the Town Board, and it
shall be the responsibility of the applicant to reimburse the Town for any and all reasonable and necessary
legal, engineering, and other professional fees incurred by the Town in reviewing and administering an
application for a battery energy storage system under this Chapter.
§209-18 Community Host Agreement Authorization.
For any proposed Tier 2 or Tier 3 BESS, the Town Board shall have the authority, but not the obligation, to
require the applicant to enter into negotiations for a Host Comnìunity Agreement (HCA) as a condition of
approval.
The Town Board may authorize such negotiations upon receipt of a complete application or at any time during
the review process. The purpose ot the Host Community Agreement shall be to address potential impacts
associated with the project and to ensure that the Town and its residents are appropriately protected and
compensated. Such agreernent may include, but shall not be limited to, provisions relating to community
benefits, impact mitigation, emergency services coordination, infrastructure improvements,
decommissioning assurances, and other matters deemed necessary by the Town Board.
Execution of a Host Community Agreement, in a form acceptable to the Town Board and Town Attorney, may
be required prior to the issuance of any BESS special Use Permit, Site Plan approval, Building Permit, or
certiticate of occupancy for a Tier 2 or Tier 3 BESS.
Nothing herein shall be construed to limit the Town Boards authority to deny an application or to impose
conditions pursuant to its zoning and police powers in the absence of a Host Community Agreement.
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Othce of the Town clerk
Town Clerk
Jill Haqeman-Clark
TOWN&,CC LAY 4401 State Route 31 Phone: (315) 652-3800 Clay, New York 13041-8707 Fax: (315) 622-7259 Website: www.townofclayny.gov A greatplace to live, work, ancl raise a mily. E-maU: townclerktownofclayny,gov June 30, 2026 RE: Approved Resohition — Local Law No. 5 of the year 2026 (Town of Clay Battery Energy Storage System Law) J hereby certi, at the Special Meeting ofthe Town Board, Town ofclay, County ofonondaga and State ofNew York, helð on June 29, 2026, at the Town ofclay Town Ha11, located at 4401 State Route 31, Clay New York, the following Resolution was passed: Councilor Capria moved the adoption of a resolution that LOCAL LAW NO. 5 OF THE YEAR 2026 creating a new Town Code, Chapter 209 to be titled the Town ofClay Battery Energy Storage System Law, is an unlisted action with a completed EAF and involves no other perniit granting agency outside the Town. The proposed project will not have a significant effect on the environment and therefore does not require the preparation ofan EIS. Motion was seconded by Councilor Russell.
couneilor Capria moved the adoption ofa resolution approving LOCAL LAW NO. 5 OF THE YEAR
2026 creating a new Town Code, Chapter 209 to be titled the Town of Clay Battery Energy Storage
System Law The Town recognizes battery storage systems represent a reliable and renewable energy
storage system but also recognizes the teehnology is new and that we do not have a governing ordinance
to address the use. The purpose ofthe new Chapter is to create guidelines to help the Town properly site
batteiy energy storage systems and to balance protection ofour enviromnent and the health and safety of
our residents with the promotion ofsafe battery energy system uses. Motion was seconded by Councilor
Russell.
VOTIING:
Courtney (3authier - infavor
Ryan Russell - infavor
David Capria - infavor
Ed Wisnowski - infavor
Eugene Young - infavor
Joseph Biek - infavor
The Resolution was thereupon duly adopted.
pectfh
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