Local Law 5 of 2026 — TO AMEND THE CODE OF THE TOWN OF CLAY, BY ADDING CHAPTER 209 TO BE TITLED "TOWN OF CLAY BATTERY ENERGY STORAGE SYSTEM LAW" THE PURPOSE OF THE NEW CHAPTER IS TO CREATE GUIDELINES TO ================================================================================ 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: 10 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: 12 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 13 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. 14 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; 16 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. 22 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 23 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. 24 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 Ji1JHage llPage