HomeMy WebLinkAboutSH 0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ry1 Ink VIC
January 21, 2025
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamntontownnv.aov.
Signature: Date:
Please be advised that the Town Board, at a meeting held on January 14, 2025 1:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-202S-80 Adopted [Unanimous]
Notice of Public Hearing to Consider Amending Town Code Chapter 330 Section 320 to
Reduce the Number of Members on the Landmarks & Historic Districts Board from Eleven to
Nine
Town Board Resolution RES-202S-82 Adopted [Unanimous]
Notice of Public Hearing to Consider Amendments to Town Code Section 330-248U entitled
"Fairfield Southampton Residential Planned Development District (FSRPDD)" to Allow for a
Gated Entrance and Market-Rate Owners to Rent Their Units Pursuant to the Rental Code
(Chapter 270).
Town Board Resolution RES-202S-83 Adopted [Unanimous]
Assume Lead Agency and Notice of Public Hearing for the Request to Change the Zoning
Classification on Three (3) Adjacent Parcels with Existing Commercial Businesses (2000
County Road 39, 2036 County Road 39, and 161 Hills Station Road) from Residential (R-40)
to Highway Business (HB) in Shinnecock Hills
Sincerely Yours,
<__� K5c �
Sundy A Schermeyer
Town Clerk
Generated 1/21/2025 Page 1
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ryC Ink VIC
January
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Please be advised that the Town Board, at a meeting held on January 14, 2025 1:00
PM, reviewed the following resolution(s):
Town Board Resolution RES-202S-80 Adopted [Unanimous]
Notice of Public Hearing to Consider Amending Town Code Chapter 330 Section 320 to
Reduce the Number of Members on the Landmarks & Historic Districts Board from Eleven to
Nine
Town Board Resolution RES-202S-82 Adopted [Unanimous]
Notice of Public Hearing to Consider Amendments to Town Code Section 330-248U entitled
"Fairfield Southampton Residential Planned Development District (FSRPDD)" to Allow for a
Gated Entrance and Market-Rate Owners to Rent Their Units Pursuant to the Rental Code
(Chapter 270).
Town Board Resolution RES-202S-83 Adopted [Unanimous]
Assume Lead Agency and Notice of Public Hearing for the Request to Change the Zoning
Classification on Three (3) Adjacent Parcels with Existing Commercial Businesses (2000
County Road 39, 2036 County Road 39, and 161 Hills Station Road) from Residential (R-40)
to Highway Business (HB) in Shinnecock Hills
Sincerely Yours,
Sundy A Schermeyer
Town Clerk
Generated 1/21/2025 Page 1
Southampton Town Board - Letter Board Meeting of January 14, 2025
TOWN BOARD RESOLUTION 2025-80 Item#7.63
ADOPTED DOC ID:48587
Notice of Public Hearing to Consider Amending Town Code
Chapter 330 Section 320 to Reduce the Number of Members on
the Landmarks & Historic Districts Board from Eleven to Nine
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on February 11, 2025 at 1:00 p.m., both in-person at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against "A LOCAL LAW to consider amending Article XXVIII entitled
'Landmarks and Historic Districts and Heritage Resource Areas' Chapter 330 Section 320 of
the Town Code of the Town of Southampton to reduce the number of members to serve on
the Landmarks and Historic Districts Board from eleven to nine" which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Article XXVIII entitled 'Landmarks and Historic Districts and
Heritage Resource Areas' Chapter 330 Section 320 of the Town Code of the Town of
Southampton to reduce the number of members to serve on the Landmarks and Historic
Districts Board from eleven to nine.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Board of the Town of Southampton seeks to reduce the number of members to
serve on the Landmarks and Historic Districts Board from eleven to nine in order to allow
the Board to conduct business more efficiently.
SECTION 2. Amendment.
Town Code §330-320(A) is hereby amended by deleting the stricken words and adding the
underlined words as follows:
§330-320. Landmarks and Historic Districts Board.
A. The Town Landmarks and Historic Districts Board is hereby established. The Board shall
consist of 11 9 Town residents to be appointed by the Town Board and, to the extent
available in the community, shall be representative of the entire Southampton Town
community and drawn from the following disciplines: architecture, architectural history,
archaeology, local history, law, historic preservation and real estate. All members shall have
demonstrated significant interest in and commitment to the field of historic preservation or
related fields and shall have a known interest in historic, cultural, and architectural
development within the Town of Southampton. The Southampton Town Historian shall serve
as an ex-officio nonvoting member of the Landmarks and Historic Districts Board.
SECTION 3. Authority.
This amendment is enacted pursuant to Municipal Home Rule Law §10.
Generated 1/21/2025 Page 2
Southampton Town Board - Letter Board Meeting of January 14, 2025
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this proposed
local law to the Suffolk County Planning Commission, as well as the Southampton Town
Planning Board, for its review and comments;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of
Southampton on February 11, 202S at 1:00 p.m., both in-person at the Southampton
Town Hall, 116 Hampton Road, Southampton, New York, and via videoconferencing, to hear
any and all persons either for or against "A LOCAL LAW to consider amending Article XXVIII
entitled 'Landmarks and Historic Districts and Heritage Resource Areas' Chapter 330 Section
320 of the Town Code of the Town of Southampton to reduce the number of members to
serve on the Landmarks and Historic Districts Board from eleven to nine"; and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;p_ .irk,C�.sir.u.tlh .irnptontowninyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This amendment proposes to reduce the number of members of the Landmarks and Historic
Districts Board from eleven to nine.
Copies of the proposed local law, sponsored by Supervisor Maria Z. Moore are on file in the
Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
Generated 1/21/2025 Page 3
Southampton Town Board - Letter Board Meeting of January 14, 2025
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maria Z. Moore, Supervisor
SECONDER: Michael A. Iasilli, Councilman
AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell
Generated 1/21/2025 Page 4
Southampton Town Board - Letter Board Meeting of January 14, 2025
TOWN BOARD RESOLUTION 2025-82 Item#7.65
ADOPTED DOC ID:48218
Notice of Public Hearing to Consider Amendments to Town Code
Section 330-248U entitled "Fairfield Southampton Residential
Planned Development District (FSRPDD)" to Allow for a Gated
Entrance and Market-Rate Owners to Rent Their Units Pursuant
to the Rental Code (Chapter 270).
WHEREAS, an application was submitted on September 12, 2024 requesting certain changes
by the Homeowner's Association of Southampton Pointe Condominiums, related to the
conditions of the Planned Residential Development District zoning entitled "Fairfield
Southampton"; and
WHEREAS, at the public work session of November 7, 2024, the Town Board indicated they
would consider the request and scheduled a public hearing; now, therefore
BE IT RESOLVED, that the Town Board elects to consider the proposed changes to the
Planned Development District entitled "Fairfield Southampton RPDD" and directs that a
public hearing shall be held on Tuesday, February 25, 2025 at 6:00 p.m. both in-person
at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled: "A LOCAL LAW to consider amending Town Code Sections §330-248U "Fairfield
Southampton Residential Planned Development District (FSRPDD)" as it relates to a request
from the homeowner's association to install entry gates and for market rate owners to be
allowed to rent their units pursuant to the rental code".
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Town Code Sections §330-248U (FSRPDD).
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The overall goal of these amendments is to provide improved quality of life for the residents
of the community by allowing controlled access to the development and to allow for rental
of the market rate units, in accordance with the Town rental code.
SECTION 2. Amendment.
Town Code §330-248(U) (Fairfield Southampton Residential Planned Development District
(FSRPDD) Section (7) entitled, "Specific Development Standards", subsection (d), entitled
"Site Plan elements" subsection [2][a],[v] is hereby amended by deleting the stricken words
and adding the additional underlined words as follows:
[v] Gatehouse or driveway entrance gates shall may be permitted; provided that the
gates are not internally lit and emergency_personnel can readily access the development.
Generated 1/21/2025 Page 5
Southampton Town Board - Letter Board Meeting of January 14, 2025
SECTION 3. Amendment.
Town Code §330-248(U) (Fairfield Southampton Residential Planned Development District
(FSRPDD) Section (8) entitled, "Conditions", subsection (a)[4] is hereby amended by
deleting the stricken words and adding the additional underlined words as follows:
r4l All dwellonci units (both Mafket Rate and Gengn9un0tv Benefit Units) shall—be owneF
eccuomed. No dwellonci unit shall be elocimble fE)F Fent, and, as such, s-19-all not be elic��
f4l All community benefit units shall be owner-occupied and certified in accordance with
Town Code Chapter 216-5C(3)(b). Market rate dwelling units may be rented by their
owners as per the requirements in Town Code Chapter 270. No short-term rentals shall be
permitted.
SECTION 4. Authority.
The Town Board may adopt local laws providing for regulation of signs pursuant to New York
State Constitution, Article 9, §2(B)(3); the Statute of Local Governments §10(6); Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), and §10(1)(ii)(d)(3), and Article 16 of the New
York State Town Law.
SECTION S. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 6. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that upon adoption any related covenants shall be
amended and re-filed to reflect these changes; and be it further
RESOLVED, that the Town Clerk shall refer this resolution to the Planning Board and Suffolk
County Planning Commission for review and recommendations; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of
Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of
Southampton on Tuesday, February 2S, 202S at 6:00 p.m. both in-person at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled: "A LOCAL LAW to consider amending Town Code Sections §330-248U "Fairfield
Southampton Residential Planned Development District (FSRPDD)" as it relates to a request
from the homeowner's association to install entry gates and for market rate owners to be
allowed to rent their units pursuant to the rental code"; and take
FURTHER NOTICE, that, pursuant to Local Law No. 14 of 2022, the public will have an
Generated 1/21/2025 Page 6
Southampton Town Board - Letter Board Meeting of January 14, 2025
opportunity to see and hear the meeting live both in person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If via videoconferencing, the public can watch the live meeting online from the Town of
Southampton website on the Town Clerk's Meeting Portal or through the Zoom App. If any
interested members of the public would like to provide comments on the public hearing,
comments can be called in during the meeting via telephone or the Zoom App. Comments
can also be emailed up until one hour before the start of the meeting to the Town Clerk at
bawn_c;p_ .irk.@ o atlh .irm_ptontownnyogoy_.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
To provide improved quality of life for the residents of the Southampton Pointe community
by allowing controlled access to the development and to allow for rental of the market rate
units, in accordance with the Town rental code Chapter 270.
Copies of the proposed local law, sponsored by Supervisor Moore, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maria Z. Moore, Supervisor
SECONDER: Michael A. Iasilli, Councilman
AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell
Generated 1/21/2025 Page 7
Southampton Town Board - Letter Board Meeting of January 14, 2025
TOWN BOARD RESOLUTION 2025-83 Item#7.66
ADOPTED DOC ID:48634
Assume Lead Agency and Notice of Public Hearing for the
Request to Change the Zoning Classification on Three (3)
Adjacent Parcels with Existing Commercial Businesses (2000
County Road 39, 2036 County Road 39, and 161 Hills Station
Road) from Residential (R-40) to Highway Business (HB) in
Shinnecock Hills
WHEREAS, the property owner of a parcel identified as SCTM No. 900-177-2-58.1 located at
2036 County Road 39, Shinnecock Hills submitted a request pursuant to Town Code section
330-185C (1), for a public work session to discuss a proposed application for a change-of-
zoning classification from Residential (R-40) to Highway Business (HB); and
WHEREAS, the subject 1.1-acre parcel currently is developed with a two-story office
building as is situated on the south side of County Road 39, approximately 500 ft. from Hills
Station Road in Shinnecock Hills; and
WHEREAS, on May 9, 2024, the Town Board held a work session to consider the proposal
and requested the applicant's representative to determine if the other two (2) adjacent
parcels with commercial uses that are similarly zoned R-40 would be party to the application
so that the change in zoning would be comprehensive for an entire node within Quadrant
One of the CR39 roadway in order to benefit the general welfare of the community and not
just one property owner; and
WHEREAS, a second work session was held on August 1, 2024 where the owners of parcels
identified as 2000 County Road 39 (SCTM# 900-177-2-60), and 161 Hills Station Road
(SCTM # 900-177-2-59) submitted letters to the Board indicating they would join in a
formal application if elected to consider; and
WHEREAS, pursuant to Town Code section 330-185(C)(1), the Town Planning &
Development Administrator has submitted a report that recommends that the Town Board
consider the application; and
WHEREAS, in accordance with the procedures of §330-185, the Town Board elected to
consider a formal application for a change-of-zone petition affecting three (3) parcels
identified as 2036 County Road 39 (SCTM No. 900-177-2-58.1); 2000 County Road 39
(SCTM # 900-177-2-60), and 161 Hills Station Road (SCTM # 900-177-2-59) on August 13,
2024; and
WHEREAS, on October 29, 2024, the Town Clerk received a formal application for the
change of zone, with additional information submitted in December 2024; and
WHEREAS, the proposed Change of Zone is preliminarily classified as an Unlisted Action
pursuant to the State Environmental Quality Review 6 NYCRR Part 617 and the Town Board
has not identified any other involved agencies; and
WHEREAS, the following are identified as interested agencies:
Generated 1/21/2025 Page 8
Southampton Town Board - Letter Board Meeting of January 14, 2025
1. Suffolk County Planning Commission, c/o John Corral
100 Veterans Memorial Highway, 4th Floor, Hauppauge, NY 11788
2. Southampton Town Planning Board, c/o Jacqui Lofaro, Chair
3. Southampton Volunteer Ambulance-c/o Ian King (District Supervisor)
1232 North Sea Road Southampton, NY 11968
4. Southampton Fire Department c/o David Price (Chairman)
33 Flying Point Road, Southampton, NY 11968
5. Southampton Town Engineering Department c/o Thomas Houghton, P.E.
6. Southampton Town Building Department c/o Sean McDermott, Chief Building
Inspector
7. Southampton Town Department of Public Safety c/o John Rankin, Chief Fire
Marshal
S. Southampton Town Highway Department c/o Charles McArdle, Superintendent of
Highways
9. Southampton Town Architectural Review Board c/o Michael Charrier, Chairman
10.Southampton Town Police Department c/o Chief James Kiernan
11.Southampton/Shinnecock Hills/Tuckahoe Citizen Advisory Committee c/o Elaine
Bodtmann - Co-Chair
NOW, BE IT RESOLVED, that the Department of Land Management is hereby directed to
post the application materials and EAF online, and that the Town Clerk is hereby directed to
send this resolution to all interested agencies who are hereby notified to access SEQRA
information at www.southamptontownnygov/692/Change-of-Zone-ApplicationsPDD; and be
it further
RESOLVED, that the Town Board of the Town of Southampton hereby directs the Town Clerk
to forward a copy of this proposed local law to the Southampton Town Planning Board, as
well as the Suffolk County Planning Commission pursuant to General Municipal Law §239-m,
for their review and recommendations; and be it further
RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on February 25, 2025 at 6:00 p.m., at Southampton Town Hall, 116
Hampton Road, Southampton, NY, to hear any and all persons either for or against a local
law entitled: "A LOCAL LAW to change the zoning classification from Residential (R-40) to
Highway Business (HB) on the parcels identified as 2036 County Road 39 (SCTM No. 900-
177-2-58.1); 2000 County Road 39 (SCTM # 900-177-2-60), and 161 Hills Station Road
(SCTM # 900-177-2-59), Shinnecock Hills" which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW to change the zoning classification of three (3) parcels identified 2036 County
Road 39 (SCTM No. 900-177-2-58.1); 2000 County Road 39 (SCTM # 900-177-2-60), and
Generated 1/21/2025 Page 9
Southampton Town Board - Letter Board Meeting of January 14, 2025
161 Hills Station Road (SCTM # 900-177-2-59), Shinnecock Hills from Residential (R-40) to
Highway Business (HB).
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
Pursuant to Chapter 330, Section 185, a petition has been received requesting a change in
the zoning classification of certain parcels identified as 2036 County Road 39 (SCTM No.
900-177-2-58.1); 2000 County Road 39 (SCTM # 900-177-2-60), and 161 Hills Station
Road (SCTM # 900-177-2-59). Specifically, the applicants seek change the zoning
classification from Residential (R-40) to Highway Business (HB), in order to more accurately
reflect the commercial nature of the neighborhood.
The properties have commercial businesses on them and therefore do not reflect the single-
family residential designation.
The subject properties are located in Quadrant 1 of the County Road 39 Corridor Land Use
Plan and is part of the stretch of highway that serves as the "gateway" into the Hamptons.
As stated on page 25 of the Plan, "the median at the junction of SR27 and CR29 provides an
opportunity for a gateway treatment to create a sense of place and signal the entrance to
"the Hamptons,"as the phrase is commonly used to signify the resort communities east of
the Shinnecock Canal.'
At the first work session discussion on May 9, 2024, the Town Board expressed concerns
related to spot zoning for consideration of only one property. The applicant's representative
asked the adjacent hotel and gas station if they would want to join and by letters dated
June 6, 2024 both property owners indicated that they would join together in the zone
change application if the Board elected to consider it. This alleviates concerns about spot
zoning as the designation would be for a larger area or node and would make the existing
uses conforming.
SECTION 2. Map Amendment.
Those certain parcels identified as SCTM No. 900-177-2-58.1, 900-177-2-60, and 900-177-
2-59 are hereby changed from Residential (R-40) to Highway Business.
SECTION 3. Authority.
The Town Board may adopt local laws providing for zoning map amendments pursuant to
Town Law §§264 and 265, as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
Generated 1/21/2025 Page 10
Southampton Town Board - Letter Board Meeting of January 14, 2025
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of
Southampton on Tuesday, February 25, 2025, at 6:00 p.m., both in-person at
Southampton Town Hall, 116 Hampton Road, Southampton, NY, and via videoconferencing,
to hear any and all persons either for or against a proposed local law entitled: "A LOCAL
LAW to change the zoning classification change in the zoning classification of certain parcels
identified as 2036 County Road 39 (SCTM No. 900-177-2-58.1); 2000 County Road 39
(SCTM # 900-177-2-60), and 161 Hills Station Road (SCTM # 900-177-2-59) from
Residential (R-40) to Highway Business (HB)" to more accurately reflect the commercial
nature of this node of the highway as the parcels all have active commercial businesses
(gas station, hotel and offices); and take
FURTHER NOTICE, that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from the
Town of Southampton website on the Town Clerk's Meeting Portal, or through the Zoom
App. If any interested members of the public would like to provide comments on the public
hearing, comments can be called in during the meeting via telephone or the Zoom App.
Comments can also be emailed up until one hour before the start of the meeting to the
Town Clerk at tow ind irk.0gso thairnDtointowinin o y.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated, including the specific meeting Zoom link and/or more
information on how to access the meeting virtually.
Summary of Proposed Law
The subject change of zone a change in the zoning classification of certain parcels identified
as 2036 County Road 39 (SCTM No. 900-177-2-58.1); 2000 County Road 39 (SCTM # 900-
177-2-60), and 161 Hills Station Road (SCTM # 900-177-2-59) to more accurately reflect
the commercial nature of this node of the highway as the parcels all have active commercial
businesses (gas station, hotel and offices)
Copies of the proposed local law, sponsored by Supervisor Maria Z Moore, are on file in the
Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
Generated 1/21/2025 Page 11
Southampton Town Board - Letter Board Meeting of January 14, 2025
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maria Z. Moore, Supervisor
SECONDER: Michael A. Iasilli, Councilman
AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell
Generated 1/21/2025 Page 12
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ry1 Ink VIC
January 23, 2025
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamntontownnv.aov.
Signature: Date:
Please be advised that the Town Board, at a meeting held on January 23, 2025
10:00 AM, reviewed the following resolution(s):
Town Board Resolution RES-202S-92 Adopted [Unanimous]
Notice of Public Hearing to Enact New Article VIIA entitled "Energy Storage" to Chapter 330,
Zoning, of the Southampton Town Code
Town Board Resolution RES-202S-93 Adopted [Unanimous]
Notice of Public Hearing to Repeal and Replace Section 330-162.21 of Chapter 330 Article
XVII, regarding Battery Energy Storage Systems within the Town of Southampton
Sincerely Yours,
<--� K5c �
Sundy A Schermeyer
Town Clerk
Generated 1/23/2025 Page 1
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ry1 Ink VIC
January
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Please be advised that the Town Board, at a meeting held on January 23, 2025
10:00 AM, reviewed the following resolution(s):
Town Board Resolution RES-202S-92 Adopted [Unanimous]
Notice of Public Hearing to Enact New Article VIIA entitled "Energy Storage" to Chapter 330,
Zoning, of the Southampton Town Code
Town Board Resolution RES-202S-93 Adopted [Unanimous]
Notice of Public Hearing to Repeal and Replace Section 330-162.21 of Chapter 330 Article
XVII, regarding Battery Energy Storage Systems within the Town of Southampton
Sincerely Yours,
Sundy A Schermeyer
Town Clerk
Generated 1/23/2025 Page 1
Southampton Town Board - Letter Board Meeting of January 23, 2025
TOWN BOARD RESOLUTION 2025-92 Item#4.1
ADOPTED DOC ID:48797
Notice of Public Hearing to Enact New Article VIIA entitled
"Energy Storage" to Chapter 330, Zoning, of the Southampton
Town Code
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on February 11, 202S at 1:00 p.m., both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW enacting Article VIIA
entitled "Energy Storage" within Chapter 330, Zoning, of the Code of the Town of
Southampton", which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW enacting Article VIIA entitled "Energy Storage" within Chapter 330, Zoning, of
the Code of the Town of Southampton.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
It is intended that this article be enacted to further a comprehensive approach and tiering
system in order to regulate energy storage infrastructure throughout the Town of
Southampton. By doing so, the Code will provide clear guidance for the desired locations for
installation of utility scale (over 600 kWh but no greater than 5MW) with corresponding
special exception standards for BESS facilities proposed for location on Industrially Zoned
lands. This is necessary in order to streamline local emergency management, maintain
spatial separation from residences/occupied community building(s), and facilitate
interconnection with the existing transmission and distribution infrastructure of the Long
Island Power Authority electrical grid.
The legislation also provides for additional Town Board oversight of Battery Storage facilities
in excess of 5 MW to a maximum of 19 MW. This is done to retain local authority over BESS
systems, allow for host-community benefits and ensure that their overall size and
placement does not impact public health, safety or welfare.
SECTION 2. Amendment.
Chapter 330 of the Southampton Town Code is hereby amended by enacting a new Article
VIIA entitled "Energy Storage" by adding the underlined words within new Sections §330-
38.1 to §330-38.7 as follows:
330-38.1 Purpose
A. The Town Board of the Town of Southampton hereby finds and declares it to be the public
policy of the Town to minimize the hazards, environmental impacts, and visual impacts of
battery energy storage systems in the process of helping to achieve the green energy
transition, provide an adequate energy supply to the citizenry, increase the resiliency of
the electrical transmission system, and reduce fossil fuel dependence and the associated
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production of harmful greenhouse gas emissions.
B. The Town further recognizes the goals of the 2019 New York State Climate Leadership
and Community Preservation Act as well as the Town's Comprehensive Plan documents
("Sustainable Southampton 400+" and "Southampton Climate Action Plan") which require
the Town to take action on developing a long-term and comprehensive energy plan that
supports improvements to the electrical grid infrastructure. The Long Island Power
Authority estimates that by 2030 more than half of the energy used could come from
renewable sources, making battery storage critically essential to a successful transition to
a clean energy future.
C. To encourage the use of existing Industrially-zoned lands (LI-40, LI-200) for BESS
facilities and consider opportunities to re-use brownfields or phase out pre-existing
conforming uses such as sand mines where appropriate with legislative oversight by the
Town Board.
D. To consider the use of municipal lands for Community Distributed Generation (CDG)
deployment, provided any such installation is found compatible with the objectives of this
article and surrounding land uses.
330-38.2 Legislative Findings.
A. It is intended that this article be enacted to further a comprehensive approach and
tiering system which shall regulate energy storage infrastructure throughout the Town of
Southampton and provide clear guidance for the desired locations for installation of
utility scale (over 600 kWh but no greater than 5MW) BESS facilities on Industrially
Zoned lands. This is necessary in order to streamline local emergency management,
maintain spatial separation from residences/occupied community building(s), and
facilitate interconnection with the existing transmission and distribution infrastructure of
the Long Island Power Authority electrical _ rid.
B. Fire incidents at battery storage facilities have highlighted the need to adequately
address fire safety, including measures to prevent and respond to battery storage fires.
The Town Board has considered the draft findings of the New York State Interagency
Fire Safety Working__group, last released in July of 2024 and will incorporate
recommendations such as mandatory peer review; alternative explosion controls;
certification of fire miti__atepersonnel; enhanced signage; full-time network operation
monitoring; video surveillance; regimented training for first responders; refined
parameters for fire alarm triggering; special inspections; root cause analysis; proper
usage of water to extinguish Li-ion fires; and distances to oil-insulated transformers.
Such recommendations in final form and any adopted amendments thereto pursuant to
subsection F shall be incorporated by reference herein.
C. Although the Town Board is including the best practices identified by the working_group,
the fact remains that the Town of Southampton is relatively isolated on the eastern end
of Long Island with only two roadways serving as coastal evacuation routes. The Town
is empowered to regulate and restrict the development and use of property for the
purpose of promoting the health, safety, morals, and general welfare of the
community. Restricting land uses that may result in extensive disaster losses is an
important objective, especially in locations that are in close proximity to existing
residences, occupied community buildings or any other location that may significantly
impact the safety and welfare of the community.
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D. To ensure the safety of our citizenry, the Town Board finds that utility scale battery
energy storage is not appropriate as a land use in residential zones (this excludes pre-
existing sand mines which are of considerable size and already cleared of vegetation
making them potential candidates for renewable energy generation if determined
suitable and subject to the landing of a Renewable Energy Overlay District by the Town
Board). In order to balance safety with the need for some local renewable energy
storage, the Board finds that the appropriate location for battery storage above 600
kWH to a maximum of five (5) megawatts (MW) is only within existing Light Industrial
(LI-40, LI-200) zones of the Town. Establishing an upper threshold limitation of five (5)
megawatts that will be considered as a special exception use by the Planning Board
without an overlay district zoning first put in place by the Town Board is found to be
reasonable and necessary for this type of land use.
E. The Town is also mindful of its own Climate Action goals and objectives, and that there
is a need for local renewable energy generation and storage thereof. To achieve this,
the Town Board herewith establishes a Renewable Energy Overlay District as a floating
zone that will only be landed by legislative action once a particular proposal is
determined by the Town Board to be in accordance with all the applicable standards
herein and as found within �330-162.21 for siting a facility from 5 MW to a maximum of
19MW. This is done to ensure compatibility with surrounding land uses, protect and
retain the attractiveness, health, safety, general welfare and property values of the
community for the location, siting, design and vegetative screening, and supplemental
community benefits of these systems.
F. To ensure that the Battery Energy Storage Systems are designed, installed, operated,
and maintained to the most rigorous standards and codes, the most current New York
State Uniform Code, International Building Code, National Electric Code, International
Fire code, National Fire Protection Association standards, Underwriters Laboratory
Testing standards, and the International Electrotechnical Commission standards for
Battery Energy Storage Systems, as may be amended from time to time will be
incorporated by reference herein.
G. Battery energy storage systems have a wide variety of designs and underlying
chemistries. Lithium-ion batteries are the dominant electrochemical grid energy storage
technology because of their extensive development history in consumer products and
electric vehicles. Characteristics such as high energy density, high power, high efficiency,
and low self-discharge have made them suitable for many grid applications. The Town
recognizes that energy storage systems are continually being improved upon through
technological advances and innovation. To ensure that a BESS battery technology and
equipment design has a proven track record, permitting will be restricted to battery
energy storage systems having a current Certificate of Approval issued by the City of
New York Fire Department Bureau of Fire Prevention and listed in UL 9540 or an
approved equivalent.
�330-38.3. Definitions. In addition to those found in �330-5, the following definitions shall
apply:
BATTERY MANAGEMENT SYSTEM (BMS)
An electronic 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. A host network operations center (NOC) or remote
operations center (ROC) that is staffed 24/7 shall monitor the system and
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immediately communicate critical failure notifications.
BEHIND THE METER (BTM)
A term used to describe energy generation or storage systems that are located on
the customer's side of the utility meter, typically used for self-consumption or backup
power, and potentially providing grid support services through demand response or
net metering programs.
CABINET
A small to medium sized storage enclosure designed for the housing of battery cells.
Resembles a commercial sized refrigerator. Personnel are not able to enter the
enclosure other than reaching in to access components for maintenance purposes.
CERTIFICATE OF APPROVAL
A list of energy storage systems, approved by the Fire Department Bureau of Fire
Prevention, New York City, that have demonstrated compliance with energy systems
national and state codes and standards. The equipment includes manufacturer,
product name, model number, certificate numbers, and expiration date of certificate.
CERTIFICATE OF FITNESS (COF B28)
A certificate issued by the Fire Department of New York to ensure an individual is
able to handle, use, maintain, inspect, test, or transport battery energy storage
systems and associated equipment.
COMMUNITY BENEFIT AGREEMENT (CBA)
A legally binding contract between a developer and a community organization or
government body that specifies benefits the developer will provide in exchange for
community support.
COMMUNITY DISTRIBUTED GENERATION (CDG)
A program that allows customers to purchase renewable electricity from a facility,
such as a solar farm, without installing or maintaining equipment. The electricity
generated at the facility is shared with participants as monthly credits.
CONTAINER
A large size storage enclosure used to store the components of the ESS. Resembles
a maritime ISO container.
COORDINATED ELECTRIC SYSTEM INTERCONNECT REVIEW (CESIR)
A comprehensive engineering study of the impact the project has on the electric
utility system.
DECOMISSIONING
A systematic process that provides documentation and procedures that allow an
energy storage system to be safely de-energized, disassembled, readied for
shipment or storage, and removed from the premises in accordance with applicable
code requirements.
EMERGENCY BATTERY SYSTEMS (MOBILE BATTERY ENERGY STORAGE)
A portable battery storage system that may be mounted on trailers and towed to
locations, in the same way as emergency generators or other mobile power and
heating trailers for a limited specified time during emergency situations.
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FIRE MITIGATION PERSONEL
A trained and qualified representative of the site owner /operator with knowledge of
the installation who can be deployed on-site to support local emergency first
responders. Must hold a "Certificate of Fitness" from the FDNY B28 Program or
similar state license.
GRID-SCALE ENERGY STORAGE (UTILITY-SCALE ENERGY STORAGE)
Grid Large-scale energy storage systems, typically with capacities greater than
600kWh to multiple megawatt-hours or more, designed to provide grid support
services, such as frequency regulation, load shifting, and backup power, to help
maintain grid reliability and accommodate the integration of renewable energy
sources.
INTERCONNECT AGREEMENT
A business contract between the utility and the customer for the purpose of
interconnecting a distributed energy (DE) project located at the customer site to the
utility's electrical distribution system
INVERTER / RECTIFIER
A device that changes DC power to AC power or AC power to DC power.
LITHIUM-ION BATTERIES
A system comprised of one or more lithium-ion batteries assembled together,
capable of storing energy in order to supply electrical energy at a future time.
NAMEPLATE AC CAPACITY
The amount of energy that an energy storage system can store, typically
measured in kilowatt-hours (kWh) or megawatt-hours (MWh).
NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA)
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, R, as defined in the International
Building Code, including but not limited to schools, colleges, day-care facilities,
hospitals, correctional facilities, public libraries, theaters, stadiums, apartments,
hotels, and houses of worship.
POWER PURCHASE AGREEMENT (PPA)
an arrangement in which a third-party developer installs, owns, and operates an
energy system on a customer's property
RENEWABLE ENERGY
Energy generated from sustainable resources, such as solar, wind, hydro,
geothermal, and biomass, which have little to no negative impact on the
environment.
ROUND-TRIP EFFICIENCY
The efficiency of an energy storage system when accounting for both charging and
discharging processes, typically expressed as a percentage.
330-38.4 Applicability.
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A. Applications for the installation of "behind the meter" battery energy storage with an
aggregate nameplate A/C energy capacity up to and inclusive of 20 kWH (indoor) or
80 kWH (outdoor) as per the NYS Uniform Fire Code Section 1206, as may be
amended shall be subject to all Building and Electrical Permit requirements pursuant
to �123-39.3.
B. Applications for the installation of battery energy storage with an aggregate
nameplate A/C energy capacity greater than 80 kWh up to and inclusive of 600 kWH
of battery energy storage in non-residential zones shall be considered 'Tier One' and
as such shall be subject to review by the Planning Board pursuant to the procedures
of � 330-183, the special exception general standards of �- 330-122, as may be
amended; and all applicable standards within this Article and �123-39.1 inclusive of
any building and electrical permit requirements and all inspections.
C. Applications for the installation of battery energy storage with an aggregate
nameplate A/C energy capacity greater than 600 kWH up to and inclusive of 5 MW
shall be considered 'Tier Two' and as such shall be subject to review by the Planning
Board pursuant to the procedures of � 330-183, the special exception eq neral
standards of � 330-122 and the specific special exception criteria described in �330-
162.21; and all applicable standards within this Article and �123-39.1 inclusive of
any building and electrical permit requirements and all inspections.
D. Applications for the installation of battery energy storage with an aggregate
nameplate A/C energy capacity greater than 5 MW up to a maximum of 19MW shall
be considered 'Tier Three' and as such, the Town Board shall first land a "Renewable
Energy Overlay District" pursuant to �330-185 and any applicable standards and
procedures within this Article. Energy storage systems in this category shall be co-
located with, and sized proportionately for, the storage of renewable energy
produced on-site and shall be found by the Town Board to meet the Special
Exception standards of � 330-162.21.
E. Tiers Two and Three shall be considered Type I Actions pursuant to SEQRA and
Chapter 157 of the Town Code.
F. Exemptions
(1) New or refurbished batteries installed in the equipment, devices, vehicles they
are designed to power.
(2) New or refurbished batteries packed for use in the equipment, devices,
vehicles they are designed to power
(3) Batteries in original retail packaging that are rated at 300 watt or less or
contain 25 grams or less of lithium metal.
(4)Temporary storage of batteries or battery components during the service of a
battery electric vehicle.
(5) Modifications to approved site plans:
(a) Scheduled battery replacement identified during maintenance inspection
or to replace damaged or improperly functioning battery cells of the
same electrochemical composition and design.
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(b) Upgrades/servicing to electrical equipment, safety equipment,
interconnect devices, and associated hardware that support a certified
and approved BESS.
G. Temporary emergency power supply. Mobile units with an energy storage capacity
rating greater than 80 kWh but less than 600 kWH may be permitted in an
emergency on a case-by-case basis with documentation certifying that the mobile
unit conforms with UL 9540, NFPA 855, and NFPA 111 and will be located/connected
in coordination with the Emergency Management Administrator, Fire Marshal/Chief
Building Inspector or an approved designee.
H. Modifications to, retrofits or replacements of approved battery systems that increase
the total battery energy storage, designed discharge, duration or power rating,
changes in electrochemical design, shall be subject to this Article.
$330-38.5 Compatibility with Relevant Codes
A. This BESS code is adopted pursuant to provisions within the NYS Uniform Code,
federal law, and national standards, as may be amended from time to time.
B. Peer review will be required to demonstrate compliance with all applicable codes
identified in Town Code Section �123-39.3 prior to issuance of a building permit and
the estimated cost shall be collected in escrow for the plan review as per the
procedures set forth by the Town Planning & Development Administrator.
�330-38.6 General Requirements
A. All applications shall include a project narrative that specifies the type of energy
storage system and product description, which includes the storage technology type,
manufacturer, kW and kWh capacity, roundtrip efficiency and the intended uses of
the energy storage system.
(1) Owner's endorsement or other documentation that demonstrates the
applicant has obtained or is under a binding contract to obtain title or a
leasehold interest in all properties comprising the facility site.
(2) Facilities above 600 kWH shall provide a "Certificate of Fitness" issued by the
Fire Department of New York Fire Prevention Bureau (Form B28 as may be
amended) substantiating the developer is qualified to commission a BESS
facility. In place of this certification, a letter attesting to the technical
expertise and prior experience commissioning BESS facilities the developer
has achieved shall be submitted from NYSERDAs Office of Technical
Certification and Research Review or approved equivalent.
B. In Business and Industrial Districts, a battery energy storage system with an
aggregate nameplate AC capacity from 80 kWh up to 5 MW (Tier One and Tier Two)
is considered accessory conditioned that the aggregate nameplate AC capacity is less
than 24 times the average daily energy usage on the parcel. BESS in excess of this
threshold shall constitute a principal use and as such parcels shall comply with the
maximum number of uses as per � 330-31 <https://ecode360.com/print/8700934>
and be subject to principal setbacks.
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C. Battery storage may be considered accessory when the primary use of a parcel is for
the generation of electricity from a renewable energy system utilizing solar panels,
wind turbines, compressed air, hydro, tidal, spinning wheels, or other approved
renewable energy technology. The aggregate nameplate AC capacity of the battery
energy storage system shall be designed to store no greater than the average total
daily kWh produced by the renewable energy system (e.g. 4,000 kWh generated in a
day = 4,000KWh maximum AC storage capacity).
D. Avoidance areas. Tier Two and Tier Three applications shall not be located in the
following avoidance areas:
(1) Coastal Erosion Hazard Areas (CEHA).
(2) Special Flood Hazard Areas (SFHA).
(3) Central Pine Barrens (Core Preservation Area), unless first approved by the
Central Pine Barrens Joint Policy and Planning Commission.
(4) Agricultural lands and open space/greenbelt areas.
(5) Historically and culturally significant resources, unless it can be demonstrated
that an installation will not adversely affect the historic resource and is fully
reversible.
(6) Designated conservation areas, including, but not limited to, lands purchased
through the Town's Community Preservation Fund.
(7) Designated Scenic corridors or viewsheds.
(8) Within 500 feet of designated Coastal Evacuation routes.
(9) Wetlands, both tidal and freshwater.
(10)Parcels within 300 ft. of an occupied community building or single-family
residence, as measured from property line to property line.
E. Insurance, Indemnification and Waiver.
(1)The facility operator shall indemnify the Town and hold the Town harmless
from and against any and all claims, causes of action, liability, damage, loss,
cost or expense (including reasonable attorneys' fees) arising out of or related
to the use, maintenance, or operation of the BESS or arising out of or related
to the license.
(2) Prior to the site plan / special exception approval and subject to review by the
Town Attorney's office, the applicant shall furnish the Town with a
comprehensive liability insurance policy, insuring the applicant and/or
property owner against liability for damage to persons or property, with limits
as established by resolution of the Town Board, which policy shall name the
Town as an additional insured and shall not be cancelable without at least 30
days' prior written notice to the Town. Additional comprehensive liability
insurance policies, naming the Town as an additional insured, may be
required.
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(3) Notwithstanding anything to the contrary set forth in this chapter, the Town
Board may waive or modify any of the requirements set forth herein.
�330-38.7 Renewable Energy Overlay District.
A. Minimum site size. The site shall be of sufficient size and shape so as to provide for
perimeter buffer areas which are intended to screen the facility from adjacent
properties, the road corridor, and the railroad right-of-way, as necessary. The
minimum site size required for the establishment of a Renewable Energy Overlay
Zone shall be five (5) acres or 200,000 square feet, and, in any case, the site shall be
of such shape, dimension, topography and location as will allow for proper setbacks,
screening and a harmonious relationship with adjoining land uses and the natural
physical terrain.
B. Opportunity sites. The Town Board may elect to consider a Renewable Energy Overlay
(REO) Zoning District in the following locations:
(1) Light Industrial zones.
(2) Pre-existing sand mines.
(3) Municipally-owned properties.
(4) Designated Brownfields.
(5) Existing community distributed generation sites.
C. Traffic access. The site shall have direct frontage on an improved, existing state,
county, or Town road having a right-of-way of at least 50 feet in width and adequate
fire suppression (hydrants).
D. Submission.
(1) Applicants shall be subject to the procedures of �330-185, with an 'Elect to
Consider' authorized by resolution of the Town Board prior to a formal
submission.
(2) For the work session, the following additional information shall be provided:
(a) Prior to scheduling a work session with the Town Board, the project
sponsor shall meet with members of the local Civic and/or Citizens
Advisory Committee (CAC) or other active community _groups to
discuss the proposal.
(b) A qualitative assessment of the electrical supply and demand in the
project area coupled with the charge / discharge hosting capacity
of the grid infrastructure where the interconnect is proposed.
(c) An assessment and evaluation that demonstrates how the facility
will meet the requirements related to noise, traffic, and visual
impacts with current and planned uses have been minimized to the
extent practicable.
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(d) Aerial maps and site plans with existing topography at 2 ft. contour
intervals to a size and level of detail appropriate to substantially
inform the public of the location of the proposed facility site.
(e) List of sites that are currently permitted or under review for the
development of a BESS project 600 kWH and above.
(f) A safety record for the proposed batteries and equipment shall be
provided with an explanation for the selection of the proposed
battery cell chemistry with a comparative analysis other
electrochemical batteries that are on the FDNY approved list.
E. Findings by the Town Board.
(1) In determining whether to establish a Renewable Energy Overlay Zone, the Town
Board, in addition to its usual discretion in considering a change of zone, shall
also consider the need for energy generation and storage capacity in the
particular hamlet, the nature and extent to which the applicant intends to provide
community benefits, the appropriateness of the site, environmental
considerations, the proposed development design, and any potentially significant
negative impacts pursuant to SEQRA.
(2) In addition, the Town Board shall find that the landing of a Renewable Energy
Overlay Zone is consistent with the recommendations of the Comprehensive Plan,
will be beneficial, compatible and harmonious with the surrounding land uses and
will not have a significant adverse impact upon the environment, or upon a
special assessment district in which the site is located.
(3) In considering a Renewable Energy Overlay District, the Town Board shall
consider the layout and the provision of staging areas for emergency response
personnel in order to keep roadway travel lanes open in the event of an
emergency.
(4)The Town Board shall ensure perimeter buffers and fencing are adequate and any
noise or other impacts are miti aq ted prior to the establishment of an energy
overlay district.
(5)The lot coverage and conceptual layout with attendant setbacks shall be
determined at the discretion of the Town Board as part of the Overlay District
Zoning.
(6)The Town Board shall coordinate the application with the Planning Board and
affirm that the proposed BESS facility is consistent with all Special Exception
standards set forth in � 330-162.21 prior to enacting a Renewable Energy
Overlay District
F. As a change of zone or amendment to the Zoning Map is a discretionary act by the
legislative body, the Town Board may find that any development or redevelopment
of the property is best accommodated under its existing zoning or an alternative
zoning overlay district or zoning classification.
G. In furtherance of a collaborative community approach, the developer / owner shall
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enter into a legally binding community benefit agreement with the Town of
Southampton for the duration of the proposed Tier Three BESS/renewable use. Such
agreement shall be vetted in coordination with a Community Benefit Group which
may consist of a coalition of neighborhood associations, faith-based organizations,
unions, environmental groups and others representing the interests of a community
that will be directly impacted by a BESS development. Said agreement shall stipulate
the benefits a developer agrees to fund or furnish, in exchange for community
support of a project. Benefits may include but are not limited to commitments to hire
directly from a community, contributions to economic trust funds, local workforce
training_guarantees.
H. The Town Board may act either to approve, approve with modifications or disapprove
the preliminary development concept plan together with the establishment of the
Renewable Energy Overlay District. The Town Board's approval shall be deemed to
authorize the applicant to proceed with the detailed design of the proposed facility in
accordance with such concept plan and the specific requirements of �330-162.21. A
copy of the resolution containing the Town Board's decision shall be forwarded to the
Planning Board and to the applicant. A copy shall also be placed on file in the office
of the Town Clerk and, if in the form of an approval, the official copy of the Town
Zoning Map shall be amended accordingly.
I. Approval of the establishment of a REO District shall expire within 18 months of the
date of Town Board approval unless the appropriate Planning Board approvals and
building permit(s) have been obtained and substantial construction has begun. The
Town Board, upon request of the applicant, may extend the above time periods for
two additional periods of not more than six months each. In the event of expiration
of approval, the REO District may, after proper notice and a public hearing, revert to
its prior zoning classification. Thereafter, the Geographic Information System (GIS)
Manager shall amend the official copy of the Zoning Map accordingly and updated
maps shall be kept as the official record by the Town Clerk.
Section 2. Authority.
This local law is adopted pursuant to NYS Town Law Article XVI, New York Environmental
Conservation Law Section 617.4 as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and
(12), as well as §10(1)(ii)(d)(3).
Section 3. Severability.
If any section or subdivision, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provision so adjudged to be invalid or unconstitutional.
SECTION 4. Effective Date.
This local law shall take effect immediately upon filing with the Secretary of State pursuant
to the Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for its review and comments;
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AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to
publish the following Notice of Public Hearing:
Notice of Public Hearing
TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a
public hearing shall be held on Tuesday, February 11, 202S, at 1:00 p.m., both in-
person, at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against: "A LOCAL LAW enacting
Article VIIA entitled "Energy Storage" within Chapter 330, Zoning, of the Code of the Town
of Southampton"; and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal, or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;p_ .irk,C�.sir.u.tlh .irnptontowninyoggy
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
It is the intent of this local law ad a new Article VIIA, entitled Energy Storage to the
Southampton Town Code Section 330, Zoning to provide appropriate zoning and locational
standards for reviewing applications in connection with Battery Energy Storage Systems and
to create a tiering system for facilities in excess of 600kwh to a maximum of 5 MW and a
requirement for the Town Board to approve a Renewable Energy Zoning Overlay for
systems 5MW to a maximum of 19 MW.
Copies of the proposed law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. until 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maria Z. Moore, Supervisor
SECONDER: Bill Pell, Councilman
AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell
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TOWN BOARD RESOLUTION 2025-93 Item#4.2
ADOPTED DOC ID:48801
Notice of Public Hearing to Repeal and Replace Section 330-
162.21 of Chapter 330 Article XVII, regarding Battery Energy
Storage Systems within the Town of Southampton
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on February 11, 2025 at 1:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW to repeal in its entirety
Town Code Chapter 330-162.21 entitled "Battery Energy Storage Systems in Excess of 600
kWH", and replace §330-162.21 with new Special Exception Standards entitled "Battery
Energy Storage Systems 600 kWH to 5 MW (Tier Two) and parcels designated within a
Renewable Energy Overlay District to a Maximum of 19 MW (Tier Three)" within the Town of
Southampton," which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW to repeal Town Code Chapter 330-162.21 entitled "Battery Energy Storage
Systems in Excess of 600 kWH" in its entirety, and replace Chapter 330-162.21 with new
Special Exception Standards entitled "Battery Energy Storage Systems 600 kWH to 5 MW
(Tier Two) and parcels designated within a Renewable Energy Overlay District to a
Maximum of 19 MW (Tier Three)" within the Town of Southampton.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Board seeks to create legislation that provides clear guidance for the permitting
of battery energy storage systems (BESS) using a tiering system within a newly enacted
Article VIIA based on storage capacity, with maximum thresholds of storage provided within
each tier. The three tier system will allow for the consideration of appropriately sized BESS
facilities to be designed, located, operated, and maintained to minimize risks associated
with facility equipment and fire potential by first establishing that systems over 600 kWH to
a maximum of 5 MW may only be requested within Light Industrial zones as part of a
Special Exception Review by the Planning Board; and for systems over 5 MW to a maximum
of 19 MW, the Town Board will affirm the standards have been met through a Renewable
Energy Overlay District. All systems greater than 600 kWH must be placed a minimum
distance of 300 ft. away from the property lines of parcels containing existing residential
uses and occupied community buildings. The standards require a significant amount of
information and review than was previously required, especially related to grid
interconnection studies and agreements. This legislation corresponds to the findings of a
select Town based BESS Steering Committee that reviewed public concerns expressed at
many Board meetings, Town Board input, the New York State Inter-Agency Fire Safety
Working Group, recent updates to relevant codes, standards, testing methods and
procedures regulating the BESS industry as well as input from NYSERDA and the Long
Island Power Authority.
SECTION 2. Amendment.
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Southampton Town Board - Letter Board Meeting of January 23, 2025
Chapter 330-162.21 of the Southampton Town Code is hereby repealed in its entirety and
new Chapter 330 Section 162.21 entitled "Battery Energy Storage Systems 600 kWH to 5
MW (Tier Two) and parcels designated within a Renewable Energy Overlay District to a
Maximum of 19 MW (Tier Three)" is hereby enacted by adding the underlined words as
follows:
330-162.21 Battery energy storage systems 600 kWh to 5MW (Tier Two) and parcels
designated within a Renewable Energy Overlay District to a maximum of 19 MW (Tier
Th ree).
A. Tier Two Applications for the installation of battery energy storage systems (BESS)
with an aggregate capacity in excess of 600 kWh up to a maximum of 5 megawatts
(MW) located in existing Industrial zones (LI-40 or LI-200) shall be reviewed by the
Planning Board pursuant to � 330-183, the special exception general standards of §
330-122 and the specific criteria and application process described herein. The
requirements of �330-38.5 and �330-38.6 and any other relevant section within
Article VIIA of the Town Code shall be incorporated as part of the application review.
B. Tier Three Applications for the installation of battery energy storage systems with an
aggregate capacity in excess of 5 MW but no greater than 19MW located in an
established Renewable Energy Overlay (REO) Zone pursuant to �330-38.7 shall be
reviewed by the Planning Board pursuant to the conditions of the Town Board, Site
Plan � 330-183 and the specific criteria and application process described herein.
Any other relevant section within Article VIIA of the Town Code shall be incorporated
as part of the application review.
C. General Requirements for Tier Two and Tier Three BESS facilities.
(1) Height. The maximum height of any structure used for battery storage shall
be fifteen (15) feet, as measured pursuant to � 330-5, Height of structure or
building.
(2) Screening. The minimum screening within required yards shall include
landscape plantings to be erected and maintained by the applicant along the
front, side and rear property lines; the Planning Board may modify these
requirements for screening where the same or better screening effect is
accomplished by the natural terrain or foliage.
(3) Design and access. Battery energy storage systems shall where feasible, 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 existing terrain, character of
the property and surrounding area. Fire apparatus shall be given adequate
access throughout the site to the satisfaction of the Fire Marshal and areas
within the site that may be utilized for staging an emergency response shall
be indicated on the plans and arranged to not impede the normal operation of
adjacent roadway networks.
(4) All battery energy storage systems shall be housed in permanent stationary
cabinets or containers certified to the applicable standards and codes listed in
�330-38.5 and placed upon a poured concrete pad that shall be specified in
the plans to the satisfaction of the Town Engineer.
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(5) Vegetation and tree cutting. Areas within 20 feet on each side of a storage
container shall be cleared of combustible vegetation and other combustible
growth. Removal of trees should be minimized to the maximum extent
possible and buffers at property lines established without interfering with
ventilation or exhaust ports.
(6) Ground cover. Native vegetation shall be planted and maintained in
accordance with a landscape maintenance plan approved by the Planning
Board. Incorporation of native plant species that are drought tolerant, and the
limited use of pesticides and fertilizers with low toxicity, persistence, and
bioavailability shall be used, as determined by the Planning Board. When
feasible, ground cover shall incorporate native perennial vegetation designed
to attract pollinators.
(7) Adjoining street right-of-way.
(a) The minimum required transitional front yard shall be in accordance with
�330-83(H) but in no case less than 50 feet, unless the Planning Board
finds for aesthetic and/or safety reasons that additional setback is
necessary.
(b) Overhead wires connecting the BESS facility to an energy generation
station or substation shall not be permitted, unless the parcel containing
the energy generation station or substation immediately abuts the parcel
on which the BESS is proposed and existing overhead connections are
present. Overhead wires shall not be permitted to cross other private
property, public property, or public right-of-way to connect with an energy
generation station or substation.
(8) Aquifer Protection.
(a) Water used during an emergency fire suppression event shall be gathered
and retained on-site within an impermeable retention pond(s) meeting the
design requirements of the Town Engineer and the appropriate Fire
District.
(b) The required retention pond(s) shall require a severable storm drain
connection to be closed during emergency situations so that potentially
contaminated water cannot drain from the site.
(c) Water retained during an emergency event shall be tested for
contaminants and filtered if pollutants exceed the total maximum daily
load, prior to release.
(d) Conformance with State Pollutant Discharge Elimination Systems permits
(SPDES) and stormwater design pursuant to Chapter 285 and any
additional applicable pollution control measures and best practices shall be
followed.
(9) Fencing requirements.
(a) Battery energy storage systems, including all mechanical equipment and
appurtenances dedicated to battery energy storage systems shall be
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enclosed by a fence having a maximum height of ten feet from natural
grade with a self-locking gate to prevent unauthorized access and shall
not interfere with ventilation or exhaust ports.
(b) Fencing shall be constructed with approved non-flammable materials.
(c) Vehicle Impact Protection, such as bollards, shall will be required pursuant
with NFPA 855 and the NYS Uniform Fire Code.
(d) Site shall always be accessible to emergency response officials and be
maintained to prevent the accumulation of snow and / or other
obstructions to site access.
(e) All required fencing shall comply with front yard setbacks pursuant to the
table of dimensional regulations for the (LI) zoning district.
(f) Failure to maintain the security fencingprovide adequate access for
emergency response personnel may result in the revocation of the
certificate of occupancy until such time this requirement is met.
(10) Signage.
(a) All signage shall be in compliance with ANSI (American National
Standards Institute) Z535, as may be amended. The signage shall include
the type of technology associated with the battery energy storage
systems, any special hazards associated, the type of suppression system
installed in the area of battery energy storage systems, the type of
generation, twenty-four-hour emergency contact information for the fire
miti__atepersonnel, including reach-back phone number, a map of the
site with isolation distances response personnel should maintain, locations
of standpipes, service points, utility meters, AC and DC disconnects,
inverters, photovoltaic array or other type of generator connected to the
batteries.
(b) As required by the NEC (National Electric Code), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage shall
be placed at the base of all pad-mounted transformers and substations.
(c) Signs shall be posted in accordance with the Fire Code and additionally
placed along the outside of the outermost facility_perimeter fence line. The
site plans shall indicate this signage location.
(11) Lighting. Lighting of the battery energy storage systems shall be limited to
that minimally required for safety, security and operational purposes and shall
with the Dark Sky standards within Article XXIX of the Town Zoning Code.
(12) Noise. The one-hour average noise generated from the battery energy
storage systems, components, and associated ancillary equipment shall
comply with noise standards found in Town Code �235-3B. Applicants may
submit equipment and component manufacturer's noise ratings to
demonstrate compliance. The applicant may be required to provide operating
sound pressure level measurements from a reasonable number of sampled
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locations at the perimeter of the battery energy storage system to
demonstrate compliance with this standard.
(13) Drainage.
(a) All site contours will be confirmed with site surveys to confirm drainage
patterns and not assumed from Lidar.
(b) A stormwater pollution prevention plan shall be required pursuant to
&285-9 for all applications.
(c) Road conditions shall be recorded prior to construction and restored back
to the original condition after construction has finished.
(d) Retention ponds, stormwater interconnections, culvert sizing, and detailed
drawings for proposed culverts in the right-of-way prior shall be submitted
in accordance with the design requirements of the Stormwater
Management Officer.
D. Submission. For Tier Two and Tier Three BESS facilities a complete site plan shall be
provided pursuant to �330-183, Article VIIA and as follows:
(1) Name, address, phone number, electronic mail address, and signature of the
project applicant, as well as all the property owners, demonstrating their
consent to the application and the use of the property for the battery energy
storage system.
(a) Documentation that the applicant has obtained or is under a binding
contract to obtain, title or a leasehold interest in all properties comprising
the facility in addition to an Owner's Endorsement.
(b) A copy of the interconnection application and any finding sq / reports
generated through the processing of the interconnection application.
(c) Interconnection agreement /contract or interconnect permission to
operate letter if applicable.
(d) Power Purchase Agreement if applicable.
(e) Coordinated Electric System Interconnect Review (CESIR) if applicable.
(2) A peer review report, conducted by an independent, third-party consultant
and/ or industry expert provided by NYSERDA's Office of Technical
Certification and Research Review (Siting Specialist).
(a) In addition to the fee schedule, the Planning Board require an applicant to
pay an amount, to be held in escrow and ultimately disbursed, to pay the
costs incurred by the Town for all consulting services it may reasonably
seek to engage such as a peer review or other technical expertise. Such
amount deemed necessary for escrow shall be reasonably related to costs
attendant to the Town's review, and such amount shall be computed in
consultation with the applicant. Further, if such escrow payment is
deemed necessary, this fee shall be in addition to and exclusive of any
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fee(s) properly assessed to the applicant in connection with the SEQRA
process.
(b) The Planning Board shall have the authority to waive the requirement for
peer review if the application does not warrant additional expert analysis,
however the Planning Board must adopt a resolution stating its findings.
(c) The Planning Board may amend the list of required studies to be
conducted for the peer review report and require further technical
expertise as necessary.
(d) The report shall be a comprehensive assessment to fulfill the technical
assistance requested by the Town on items including but not limited to the
following:
f it Compliance with all applicable safety, performance, and design
standards referenced in �330-38.5.
f2l The suitability of the site including but not limited to an analysis of
neology, hydrology, groundwater, soil, threatened/ endangered
species, cultural resources, electrical grid hosting capacity-,
interconnection requirements, and man-made /natural hazards.
f3l An examination of alternate sites. The peer review shall include an
inventory of approved and proposed BESS facilities, of which the
applicant is aware that are within one mile of the applicant's project
area. Said submission shall include specific information about the
location, size and design of each BESS facility.
f4l Air dispersion modeling to determine the extent and resulting effects
of a deflagration event.
f5l Proximity to forested woodlands and, if within 500 feet, an assessment
of forest health conditions and the incidence of blight associated with
invasive species such as the Southern Pine Beetle or other ecological
conditions that would present a significant fire hazard.
(3) For the purposes of SEQRA, all applications for battery energy storage with a
nameplate aggregate AC capacity- greater than 600 kWh shall be considered a
Type I Action and reviewed pursuant to the procedures within 6 NYCRR Part
617 and . 157-11.
(4) A one- or three-line electrical diagram detailing the battery energy storage
system layout, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and over
current devices.
(5) A preliminary equipment specification sheet that documents the proposed
battery energy storage system components, inverters and associated
electrical equipment that are to be installed.
(a) All proposed equipment must be tested and certified by the Underwriters
Laboratories UL or another nationally recognized testing facility-.
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(b) Where appropriate, equipment shall have an accompanying root cause
analysis finding from the original equipment manufacturer specifying
reported fire incidents involving any make and/ or model of the proposed
equipment.
(c) A final equipment specification sheet and final interconnect agreement
from LIPA or the local energy provider (or successor) shall be submitted
prior to the issuance of building permit and kept on-site and filed with the
Office of Emergency Management and /or the Fire Marshal.
(6) Commissioning plan. Such plan shall document and verify that the system
and its associated controls and safety systems are in proper working condition
per requirements set forth in the Uniform Code. Where commissioning is
required by the Uniform Code, battery energy storage system commissioning
shall be conducted by an industry expert provided by NYSERDA's Office of
Technical Certification and Research Review or a NYSERDA Siting Specialist,
after the installation is complete but prior to final inspection.
(a) A corrective action plan shall be developed for any open or continuing
issues that are allowed to be continued after commissioning.
(b) A report describing the results of the system commissioning, and including
the results of the initial acceptance testing required in the Uniform Code
shall be provided to the Planning Board prior to final inspection and
approval and maintained at an approved on-site location.
(7) 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, applicable Underwriters Lab testing, NFPA, updated 2024
International Code Council, and the NYS Fire Safety Working Group July 2024
draft recommendations.
(a) Alternative explosion control systems, outside of NFPA 69 and NFPA 68
may be considered as substantiating documentation proving the efficacy
of the proposed alternative explosion control system if found necessary by
peer review.
(b) Nothing shall hall preclude requiring additional information if recommended by
the NYS Fire Safety Working_ Group.
(8) Operation and maintenance (O&M) manual. Such plan shall describe
continuing battery energy storage system maintenance and property upkeep,
as well as design, construction, installation, testing and commissioning
information and shall meet all requirements set forth in the Uniform Code,
applicable Underwriters Lab testing, NFPA 855. In addition, the O&M shall
include the following:
(a) A battery management system shall be supported by a network operations
center (NOC) and/ or remote operations center (ROC) staffed by
personnel 24/7 who are trained and have a working knowledge of the site
and all BESS equipment therein.
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(b) Closed circuit television systems are required for continuous real-time
monitoring of site conditions for all systems 600 kWH or greater.
(c) Data from the system shall be monitored 24/7 and saved for post incident
analysis. Data should include, but is not limited to high resolution sensor
information on temperature, voltage, state of charge for each cell or series
of cells.
(d) The NOC or ROC shall have the ability to immediately relay alarm
notifications to the emergency first responders, the fire miti aq tion
personnel, system owner, O&M personnel, and other relevant parties.
(9) A stormwater management plan shall be prepared and submitted pursuant to
285-4E.
(10) Emergency operations /response plan. The plan will consist of a
comprehensive strategy for addressing potential emergencies 24 hours a day.
A copy of the approved emergency operations/ response plan shall be _ iven
to the system owner, the NOC/ ROC, designated Fire District, and the
Emergency Management Administrator. A permanent copy shall also be
placed on-site in an approved location (as determined by the Fire Marshal
such as a lockbox) to be accessible to facility fire miti__atepersonnel, fire
code officials, and other pertinent emergency responders. The emergency
operations plan shall include the following information:
(a) Contact information for fire mitigation personnel, who are available for
dispatch within 15 minutes of the mechanical and/ or manual activation of
an emergency alarm system and on-site within four hours.
(b) The Applicant, in coordination with the Fire Marshal and /or Emergency
Management Administrator, will present an industry funded analysis of the
manpower and equipment needs for an emergency response to any
thermal runaway (defla_ ration) event.
(c) The Emergency Operations / Response Plan will additionally cover:
f it Facility organization.
f2l Emergency response approach, including the role of water and /or
other approved fire suppression techniques during the different phases
of a deflagration event or other potential emergency scenario.
f3l Hazardous materials analysis including testing for polyfluoroalkyl/
perfluoroctane sulfonic acid substances (PFAS/PFOS).
f4l Emergency response specifics.
f5l Baseline testing of wells, bodies of water within a specified distance of
the project site, based on the particulars of the application.
f6l On-site sound analysis.
f7l Vibration analysis and monitoring_program survey of existing
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structures within 250 feet of a potential blast area.
f8l Air quality analysis.
f9l Routine schedule for emergency training and drills to be offered
f 10] Incident investi__ate
(d) All BESS over 600 kWh require that fire miti__atepersonnel are available
for dispatch within 15 minutes of the mechanical and/ or manual
activation of an emergency alarm system and on-site within four hours.
(e) The system owner, agent, or lessee shall, at their expense shall be
responsible for ensuring that re_ ular (TBD by Fire Marshall and not less
than once a year) scheduled training exercises, involving the necessary
manpower and equipment needed to respond to a thermal runaway event
are conducted. A log of training records should be maintained and update
the plan yearly.
(f) Procedures for safe shutdown, de-enerclizincl, or isolation of equipment
and systems under emergency conditions to reduce the risk of fire,
electric shock, and personal injuries, and for safe start-up following
cessation of emergency conditions.
(q) Procedures for inspection and testing of associated alarms, interlocks, and
controls. The Fire Marshal shall determine the cadence of periodic special
inspections, to be conducted by a holder of a Certificate of Fitness and
conducted by a specialized, third-party expert who possess the necessary
expertise in the BESS facility.
(h) Procedures to be followed in response to notifications from the battery
energy storage management system, when provided, that could signify
potentially dangerous conditions, including shutting down equipment,
summoning service and repair personnel, and providing agreed upon
notification to Fire Department personnel for potentially hazardous
conditions in the event of a system failure.
(i) Emergency procedures to be followed in case of fire, explosion, release of
liquids or vapors, damage to critical moving parts, or other potentially
dangerous conditions. Procedures can include sounding the alarm,
notifying the Fire Department, evacuating_personnel, de-enerclizincl
equipment, and controlling and extinguishing the fire.
(i) Response considerations similar to a safety data sheet (SDS) that will
address response safety concerns and extinguishment when an SDS is not
required.
(k) Procedures for removal of battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove any damaged
battery energy storage system equipment from the facility in accordance
with all applicable rules and regulations.
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(1) Other procedures as determined necessary by the Planning Board to
provide for the safety of occupants, neighboring_properties, and
emergency responders.
(m) Specific educational materials for training local first responders on the
plans and response procedures required.
E. Ownership changes. If the owner of the battery energy storage system chan eq s or
the owner of the property changes, the special exception approval shall remain in
effect, provided that the successor, owner or operator assumes in writing all of the
obligations of the special use permit, site plan approval, insurance, community
benefit agreement, decommissioning plan, and decommissioning fund. A new owner
or operator of the battery energy storage system shall notify the Planning
Department of such change in ownership or operator in writing within 30 days of the
ownership change. All permits and approvals for the battery energy storage system
shall be void if a new owner or operator fails to provide written notification to the
Planning Department within the required timeframe. Reinstatement of a voided
special exception/site plan will be subject to approval process for new applications.
F. Decommissioning. All site plan applications shall include a decommissioning plan. The
decommissioning plan shall include the following_
(1) A narrative description of the activities to be accomplished, including who will
perform that activity and at what point in time, for complete physical removal
of all battery energy storage system components, structures, equipment,
security barriers, and transmission Tines from the site.
(2) Disposal of all solid and hazardous waste in accordance with local, state, and
federal waste disposal regulations.
(1)The anticipated life of the battery energy storage system.
(2)The estimated decommissioning costs and how said estimate was determined.
(3) A diagnostics analysis of the battery cells/ racks/ cabinets or containers to
assess the potential for refurbishment or recycling of the batteries for a
second life deployment or to close the materials loop for battery fabrication.
(4)The method of ensuring that funds will be available for decommissioning and
restoration.
(5)The method by which the decommissioning cost will be kept current.
(6)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 limited to, structural
elements, building 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.
(7) A listing of any contingencies for removing an intact operational energy
storage system from service, and for removing an energy storage system
from service that has been damaged by a fire or other event.
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(8)The owner and/or operator of the energy storage system shall implement said
plan upon abandonment and/or in conjunction with removal from the facility.
G. Decommissioning fund. The owner and/or operator of a Tier two or Tier three BESS
facility shall continuously maintain a fund that is made payable to the Town of
Southampton, in an amount determined by the Planning Board and accepted by the
Town Board with a surety agreement for the removal of said battery energy storage
system. Said fund shall be annually adjusted for inflation and remain active for the
period of the life of the BESS facility. All costs of the financial security shall be borne
by the applicant.
H. Insurance, Indemnification and Waiver.
(1)The facility operator shall indemnify the Town and hold the Town harmless
from and against any and all claims, causes of action, liability, damage, loss,
cost or expense (including reasonable attorneys' fees) arising out of or related
to the use, maintenance, or operation of the BESS or arising out of or related
to the license.
(2) Prior to the site plan / special exception approval and subject to review by the
Town Attorney's office, the applicant shall furnish the Town with a
comprehensive liability insurance policy, insuring the applicant and/or
property owner against liability for damage to persons or property, with limits
as established by resolution of the Town Board, which policy shall name the
Town as an additional insured and shall not be cancelable without at least 30
days' prior written notice to the Town. Additional comprehensive liability
insurance policies, naming the Town as an additional insured, may be
required.
(3) Notwithstanding anything to the contrary set forth in this chapter, the Town
Board may waive or modify any of the requirements set forth herein.
I. Additional standards for Tier Two battery energy storage systems.
(1) The minimum lot area shall in no case be less than 40,000 square feet.
(2) All setbacks shall adhere to �330-38, Industrial Districts Table of Dimensional
Regulations.
(3) Approved parcels may not share a common property line with another
approved BESS facility unless a Renewable Energy Overlay District has first
been established.
(4) All Tier Two applications shall include a Pre-Application Report provided by
PSEG Long Island or its successor/designee of LIPA and the completed
application materials provided to the Utility as per Appendix F and J of the
'Smart Grid Small Generator Interconnection Procedures', as may be
amended.
J. Additional standards for Tier Three battery energy storage systems.
In addition to meeting all the requirements of �330-3-38.6 and approval by the
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Town Board for siting of the BESS, co-located with a renewable energy
generation system, in the energy overlay District the following shall apply:
(1)The minimum lot area shall in no case be less than 200,000 square feet or
five (5) acres.
(2) Setbacks shall be established by the Town Board.
(3) Any application from 5MW to 10 MW shall include a Pre-Application Report
provided by PSEG Long Island or its successor/designee of LIPA and the
completed application materials provided to the Utility as per Appendix F and
J of the 'Smart Grid Small Generator Interconnection Procedures', as may be
amended.
(4) All applications over 10 MW shall include a Pre-Application Report provided by
PSEG Long Island or its successor/designee of LIPA and the completed
application materials provided to the Utility of the 'Large Grid Interconnection
Procedures', as may be amended.
(5) All applications over 10 MW shall include findings and evaluations resulting
from for the Interconnection Procedure (inclusive of Standard, Transmission
and Load) and project approvals from the Transmission Expansion and
Interconnection process provided by New York Independent System Operator
(NYISO) or other required interconnection procedure according to
transmission ownership or jurisdiction.
(6) A preliminary report on all proposed upgrades to the transmission and
distribution lines required to align the hosting capacity of the grid to the
charging and discharging load of the BESS and the energy load created by the
renewable energy generator. Said report shall provide a description of
potential power supply disruptions,
(7) A Preliminary project description and timeline for the implementation of the
community benefit agreement pursuant to 38.7(G.
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
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AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, February 11, 2025 at 1:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW to repeal in its entirety Town Code Chapter 330-162.21 entitled
"Battery Energy Storage Systems in Excess of 600 kWH", and replace §330-162.21 with
new Special Exception Standards entitled "Battery Energy Storage Systems 600 kWH to 5
MW (Tier Two) and parcels designated within a Renewable Energy Overlay District to a
Maximum of 19 MW (Tier Three)" within the Town of Southampton," and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;.eirk,C�.sir.u.tlh .irnptontowninyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law repeals existing §330-162.21 in its entirety and enacts new Special Exception
Standards within this section for the review of Battery Energy Storage Systems, limiting
their placement to Light Industrial Zones and limiting storage potential to a maximum of 5
MW. Battery Energy Storage in excess of 5 MW to a maximum of 19 MW will first be
required to have the property zoned with a Renewable Energy Overlay District by the Town
Board, who will also affirm all special exception standards are met.
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
Generated 1/23/2025 Page 26
Southampton Town Board - Letter Board Meeting of January 23, 2025
RESULT: ADOPTED [UNANIMOUS]
MOVER: Maria Z. Moore, Supervisor
SECONDER: Cynthia McNamara, Councilwoman
AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell
Generated 1/23/2025 Page 27
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ry1 Ink VIC
February 14, 2025
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamntontownnv.aov.
Signature: Date:
Please be advised that the Town Board, at a meeting held on February 11, 2025
1:00 PM, reviewed the following resolution(s):
Town Board Resolution RES-202S-268 Adopted as Amended [Unanimous]
Notice of Public Hearing to Extend the Moratorium on Battery Energy Storage Systems for 3
Months
Sincerely Yours,
<--� K5c �
Sundy A Schermeyer
Town Clerk
Generated 2/14/2025 Page 1
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ry1 Ink VIC
e ruary 14,
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Please be advised that the Town Board, at a meeting held on February 11, 2025
1:00 PM, reviewed the following resolution(s):
Town Board Resolution RES-202S-268 Adopted as Amended [Unanimous]
Notice of Public Hearing to Extend the Moratorium on Battery Energy Storage Systems for 3
Months
Sincerely Yours,
Sundy A Schermeyer
Town Clerk
Generated 2/14/2025 Page 1
Southampton Town Board - Letter Board Meeting of February 11, 2025
TOWN BOARD RESOLUTION 2025-268 Item#7.74
ADOPTED DOC ID:48999
Notice of Public Hearing to Extend the Moratorium on Battery
Energy Storage Systems for 3 Months
RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, February 25, 2025 at 6:00 pm, both in-person, at
Southampton Town Hall 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a local law entitled,
"Amendment to Southampton Town Code Chapter 314, Entitled, "Moratorium on Battery
Energy Storage Systems" by Amending Section 314-4. Entitled, "Moratorium Period" to
Extend the moratorium period for an additional three (3) months" which provides as
follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW "Amendment to Southampton Town Code Chapter 314, Entitled, "Moratorium
on Battery Energy Storage Systems" by Amending Section 314-4. Entitled, "Moratorium
Period" to Extend the moratorium period for an additional three (3) months"
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent
As stated in Local Law No. 1 of 2024, which extended the Battery Energy Storage Code
Moratorium, the Town Board acknowledges that battery storage systems play an important
role in reducing demand and costs associated with grid infrastructure, add capacity while
lessening the burden on existing infrastructure, and deter the use of fossil fuels putting the
Town closer to its reduced emission goals as a Climate Smart Community. The Town Board
remains dedicated to those goals; however, significant public health and safety concerns
relative to the potentially volatile nature of lithium-ion batteries and battery storage
operations remain, especially with regard to locating mega-watt scale facilities in close
proximity to established residential areas.
In response to the growing concern of public safety, in August of 2023 New York State
Governor Kathy Hochul convened an Inter-Agency Fire Safety Working Group of
representatives from the Division of Homeland Security and Emergency Services (DHSES)
Office of Fire Prevention and Control (OFPC), New York State Energy Research and
Development Authority (NYSERDA), New York State Department of Environmental
Conservation (NYSDEC), the Department of Public Service (DPS) and the Department of
State (DOS) who are tasked with analyzing data, assessing public vulnerability and making
recommendations for safety training and equipment. On February 6, 2024, the Working
Group released 15 proposed recommendations regarding revisions and additions to the
FCNYS related to BESS, as well as several other BESS considerations. While those
recommendations remain to be finalized, the Town of Southampton established a Steering
committee and has been meeting regularly with representatives from LIPA and NYSERDA as
well as the public and industry representatives to work out parameters for Code
amendments. In addition, the Town has updated the County Planning Commission on its
progress. As a result thereof, that steering committee met several times and submitted an
interim report to The Town Board with several recommendations. As result of those
recommendations, and the coordinated efforts with all levels of government and all
Generated 2/14/2025 Page 2
Southampton Town Board - Letter Board Meeting of February 11, 2025
stakeholders, the Town of Southampton has recently set public hearings on proposed
Comprehensive Code amendments in connection with Battery Energy Storage Systems. In
light of the timing of the commencement of those hearings and the expiration of the current
moratorium now in place, the Town Board feels that a three-month extension would serve
the public and the Board in moving through the process with reverence of due consideration
and deliberation of the proposed Code Amendments and any public in-put during the course
of those proceedings.
SECTION 2. Amendment
§314-4. Moratorium Period.
This moratorium shall be in effect during the period between the adoption of this Amending
Local Law No. of 2024 2025 and the filing of same and shall run for a period of 3-6
months following said adoption of this local law, to wit: From August 13, '_^'_^. th- tj-
February 13, 2025 through May 27, 2025 and the filing of the same with the Secretary of
State. The same may be extended by appropriate action of the Town Board.
SECTION 3. Severability.
If any section or subsection, paragraph, clause, phrase, or provisions of this law shall be
judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other
than the part or provision so adjudged to be invalid or unconstitutional.
SECTION 4. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION S. Effective Date.
This Local Law shall become operative upon its adoption and take effect upon filing with the
Secretary of State pursuant to Municipal Home Rule Law, and shall expire after the 3-month
period after the effective date of the moratorium as so noted within the law.
AND BE IT FURTHER RESOLVED, the Town Clerk is hereby directed to forward copies of this
proposed local law to the Suffolk County Planning Commission and the Town Planning Board
for review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that, The Town Board of the Town of Southampton hereby directs that a
public hearing shall be held on Tuesday, February 2S, 202S at 6:00 pm, both in-person,
at Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing to hear any and all persons either for or against a proposed local law
entitled, "Extending Southampton Town Code Chapter 314, Entitled "Amendment to
Southampton Town Code Chapter 314, Entitled, "Moratorium on Battery Energy Storage
Systems" by Amending Section 314-4. Entitled, "Moratorium Period" to Extend the
moratorium period for an additional three (3) months" of the Southampton Town Code.
This proposed extension will continue the suspension review of, or any further action on,
development applications for Battery Energy Storage Systems pursuant to Section 330-
Generated 2/14/2025 Page 3
Southampton Town Board - Letter Board Meeting of February 11, 2025
162.21. If adopted, said Moratorium shall expire on May 27, 2025. And take;
FURTHER NOTICE that, pursuant to Local Law No. 14, 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with transcript provided upon
request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: townclerk@southamptontownny.gov
Please continue to check the Town Clerk's website and Meeting portal as the hearing date
approaches for any updated information including the specific meeting Zoom link and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law will extend the suspended review of, or any further action on, development
applications for Battery Energy Storage Systems pursuant to §330-162.21 for another 3
months, until May 27, 2025.
Copies of the proposed local law, sponsored by Supervisor Moore, Councilperson McNamara,
Councilperson Pell, and Councilperson Iasilli are on file in the Town Clerk's Office, Monday
through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Maria Z. Moore, Bill Pell
SECONDER: Michael A. Iasilli, Councilman
AYES: Maria Z. Moore, Cynthia McNamara, Michael A. Iasilli, Bill Pell
Generated 2/14/2025 Page 4
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ry1 Ink VIC
April 10, 2025
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamntontownnv.aov.
Signature: Date:
Please be advised that the Town Board, at a meeting held on April 8, 2025 1:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES-202S-S46 Adopted [Unanimous]
Notice of Public Hearing to Amend Chapter 330 Section 183.1A(9) to clarify requirements
for Administrative approval of municipal projects and enacting a new standard, 330-183.1 A
(11), to allow for approval of any plans so-ordered by a court stipulation of settlement
Sincerely Yours,
<__� K5c �
Sundy A Schermeyer
Town Clerk
Generated 4/10/2025 Page 1
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ryC Ink VIC
April ,
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Please be advised that the Town Board, at a meeting held on April 8, 2025 1:00 PM,
reviewed the following resolution(s):
Town Board Resolution RES-202S-S46 Adopted [Unanimous]
Notice of Public Hearing to Amend Chapter 330 Section 183.1A(9) to clarify requirements
for Administrative approval of municipal projects and enacting a new standard, 330-183.1 A
(11), to allow for approval of any plans so-ordered by a court stipulation of settlement
Sincerely Yours,
Sundy A Schermeyer
Town Clerk
Generated 4/10/2025 Page 1
Southampton Town Board - Letter Board Meeting of April 8, 2025
TOWN BOARD RESOLUTION 2025-546 Item#7.69
ADOPTED DOC ID:49549
Notice of Public Hearing to Amend Chapter 330 Section
183.1A(9) to clarify requirements for Administrative approval
of municipal projects and enacting a new standard, 330-183.1 A
(11), to allow for approval of any plans so-ordered by a court
stipulation of settlement
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 13, 2025 at 1:00 p.m., both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW amending Chapter 330
(Zoning) Section 183.1 A (9) to clarify requirements for Administrative approval of
municipal projects and enacting a new standard, Section 183.1 A (11), to allow for approval
of any plans as so-ordered by a court stipulation of settlement", which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Chapter 330 (Zoning) Section 183.1 A (9) to clarify requirements
for Administrative approval of municipal projects and enacting a new standard, Chapter 330
Section 183.1 A (11) of the Code of the Town of Southampton to allow for Administrative
approval of plans as so-ordered by a court stipulation of settlement.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Planning & Development Administrator is authorized and empowered to grant
administrative approval of minor plans and amendments as well as projects undertaken by
the Parks Department, Community Preservation, Highway Department or Municipal Works.
In order to streamline the process, amendment of 330-183.1A (9) clarifies that public
hearings are only required for activities classified under SEQRA as Unlisted or Type I. This
means that Type II Actions, which are considered to have no impact on the environment,
can be approved and undertaken after the procurement process. This saves the taxpayer
costs associated with delays and allows the Departments engaged in a capital improvement
to schedule mobilization of contractors and equipment.
Adding Section A (11) will allow for Administrative approval, where appropriate, when a
court requires the Town to do so as per a signed stipulation of settlement.
SECTION 2. Amendment.
Chapter 330 (Zoning) Section 183.1 A (9) of the Southampton Town Code is hereby
amended by adding the underlined words as follows:
Approval of solar installations and other capital improvements to municipally owned
properties that are the subject of a RFP/bid and approval process at the Town Board level so
long as for Unlisted and Type I Actions, said municipal project is the subject of a public
hearing and the Town Board refers said project to the Planning Board for recommendations.
Generated 4/10/2025 Page 2
Southampton Town Board - Letter Board Meeting of April 8, 2025
In such cases, the Town Planning and Development Administrator shall also request a
written determination of the Public Safety Administrator/Chief Fire Marshal regarding safety
and fire considerations.
SECTION 3. Amendment.
Chapter 330 (Zoning) Section 183.1 A (11) of the Southampton Town Code is hereby
enacted by adding the underlined words as follows:
(11) Approval of plans as so-ordered by a court stipulation of settlement.
SECTION 4. Authority.
The proposed law is enacted pursuant to Home Rule.
SECTION S. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 6. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 13, 202S at 1:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW amending Chapter 330 (Zoning) Section 183.1 A (9) to clarify
hearing requirements for Administrative approval of municipal projects and enacting a new
standard, Section 183.1 A (11), to allow for approval of any plans as so-ordered by a court
stipulation of settlement" and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
Generated 4/10/2025 Page 3
Southampton Town Board - Letter Board Meeting of April 8, 2025
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to inc;.eirk,C�.sir.u.tlh .irinptgntgWnnyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law clarifies that Public Hearings will be held on SEQRA Unlisted or Type I Actions
related to municipal projects undertaken by the Town as well as provide for Administrative
approval of plans that are required by a court order.
Copies of the proposed local law, sponsored by Councilman Bill Pell are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Pell, Councilman
SECONDER: Cynthia McNamara, Councilwoman
AYES: Moore, McNamara, Iasilli, Pell, Martel
Generated 4/10/2025 Page 4
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ryC lllt��hC
May 2, 2025
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Responding to this letter will serve as an acknowledgement of receipt of the attached
copies of resolutions adopted by the Southampton Town Board. Please sign this letter and
return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may
scan and email it back to townclerk@southamntontownnv.aov.
Signature: Date:
Please be advised that the Town Board, at a meeting held on May 1, 2025 10:00 AM,
reviewed the following resolution(s):
Town Board Resolution RES-202S-611 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 330-33 as it relates to Business
District Uses
Town Board Resolution RES-202S-612 Adopted [Unanimous]
Notice of Public Hearing to Repeal Southampton Town Code Section 330-162.21, Entitled "
Battery Energy Storage Systems in Excess of 600kWH"
Town Board Resolution RES-202S-613 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 330-37 Entitled "Industrial Districts
Table of Use Regulations"as it relates to Battery Energy Storage Systems
Town Board Resolution RES-202S-614 Adopted as Amended [Unanimous]
Notice of Public Hearing to Amend Southampton Town Code Chapter 123 entitled "Building
Construction" sub-section 123-39.3, entitled "Battery Energy Storage Systems"
Town Board Resolution RES-202S-61S Adopted as Amended [Unanimous]
Notice of Public Hearing Amending Southampton Town Code Chapter 330, entitled, "Zoning"
by Adding New Article XXXIII, entitled" Battery Energy Storage Systems"
Town Board Resolution RES-202S-616 Adopted [Unanimous]
Notice of Public Hearing Amending Southampton Town Code Chapter 330, entitled,
"Zoning"; sub-section 330-76, entitled, "Placement of accessory buildings, structures and
uses in all districts."
Town Board Resolution RES-202S-617 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 157, entitled "Type I Actions" to add
new subsection (8) as it relates to Battery Energy Storage Systems with a capacity of
600kWH up to a maximum of 5MW as Type I actions for purposes of SEQRA
Generated 5/2/2025 Page 1
Southampton Town Board - Letter Board Meeting of May 1, 2025
Town Board Resolution RES-202S-618 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 330 section 330-10 as it relates to
Residential Use Tables
Sincerely Yours,
<' K sc'�
Sundy A Schermeyer
Town Clerk
Generated 5/2/2025 Page 2
0,111
` 1640
Southampton Town Board Sundy A Schermeyer Town Clerk
116 Hampton Road Telephone: (631) 287-5740
Southampton, NY 11968 Fax: (631) 283-5606
!`1ryC lllt��hC
May 2,
Honorable Denis Noncarrow
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Honorable Denis Noncarrow:
Please be advised that the Town Board, at a meeting held on May 1, 2025 10:00 AM,
reviewed the following resolution(s):
Town Board Resolution RES-202S-611 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 330-33 as it relates to Business
District Uses
Town Board Resolution RES-202S-612 Adopted [Unanimous]
Notice of Public Hearing to Repeal Southampton Town Code Section 330-162.21, Entitled "
Battery Energy Storage Systems in Excess of 600kWH"
Town Board Resolution RES-202S-613 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 330-37 Entitled "Industrial Districts
Table of Use Regulations"as it relates to Battery Energy Storage Systems
Town Board Resolution RES-202S-614 Adopted as Amended [Unanimous]
Notice of Public Hearing to Amend Southampton Town Code Chapter 123 entitled "Building
Construction" sub-section 123-39.3, entitled "Battery Energy Storage Systems"
Town Board Resolution RES-202S-61S Adopted as Amended [Unanimous]
Notice of Public Hearing Amending Southampton Town Code Chapter 330, entitled, "Zoning"
by Adding New Article XXXIII, entitled" Battery Energy Storage Systems"
Town Board Resolution RES-202S-616 Adopted [Unanimous]
Notice of Public Hearing Amending Southampton Town Code Chapter 330, entitled,
"Zoning"; sub-section 330-76, entitled, "Placement of accessory buildings, structures and
uses in all districts."
Town Board Resolution RES-202S-617 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 157, entitled "Type I Actions" to add
new subsection (8) as it relates to Battery Energy Storage Systems with a capacity of
600kWH up to a maximum of 5MW as Type I actions for purposes of SEQRA
Town Board Resolution RES-202S-618 Adopted [Unanimous]
Notice of Public Hearing Amending Town Code Chapter 330 section 330-10 as it relates to
Residential Use Tables
Generated 5/2/2025 Page 1
Southampton Town Board - Letter Board Meeting of May 1, 2025
Sincerely Yours,
Sundy A Schermeyer
Town Clerk
Generated 5/2/2025 Page 2
Southampton Town Board - Letter Board Meeting of May 1, 2025
TOWN BOARD RESOLUTION 2025-611 Item#4.1
ADOPTED DOC ID:49666
Notice of Public Hearing Amending Town Code Chapter 330-33
as it relates to Business District Uses
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled "A LOCAL LAW amending Chapter
3 3 0(Zoning ) of the Town Code, Section §330-33, entitled Business Districts
Table of Use Regulations, to change / update the designation of Battery Energy
Storage Systems (BESS) small scale facilities (less than 80 kWh outdoor and 40
kWh indoor) pursuant to §123-39.3 as "Permitted (P)", Tier One BESS, (greater than 80
kWh outdoor and 40 kWh indoor up to 600 kWh) pursuant to Article XXXIII as a "Special
Exception (SE) and Tier Two BESS, (greater than or equal to 600 kWh up to 5 MW)
pursuant to Article XXXIII as a "Not Permitted (X)" use in the stipulated business zoning
districts" which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Chapter 330 (Zoning ) of the Town Code, Section
§330-33, entitled Business Districts Table of Use Regulations, to change / update the
designation of Battery Energy Storage Systems (BESS) small scale facilities
(less than 80 kWh outdoor and 40 kWh indoor) pursuant to §123-39.3 as "Permitted (P)",
Tier One BESS, (greater than 80 kWh outdoor and 40 kWh indoor up to 600 kWh) pursuant
to Article XXXIII as a "Special Exception (SE) and Tier Two BESS, (greater than or equal to
600 kWh up to 5 MW) pursuant to Article XXXIII as a "Not Permitted (X)" use in the
stipulated business zoning districts.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and updated § 123-39.3 which regulates BESS under 80 kWh up
to 600 kWh in the Town Code. To allow for a transition to more renewable sources of
energy generation and to enhance the performance /reliability of the energy grid for
commercial uses, Small scale BESS facilities will be permitted in all business zones when the
batteries are subject to §123-39.3 and thus less than 80 kWh in exterior locations, or less
than 40 kWh in interior locations. Tier One BESS, (greater than 80 kWh outdoor and 40
kWh indoor up to 600 kWh) pursuant to Article XXXIII §330-426 B is designated as a
"Special Exception (SE). Tier Two BESS (600 kWh up to 5 MW) pursuant to Article XXXIII
§330-426 C is designated as "Not Permitted (X)" use in the stipulated business zoning
district. To protect the health and safety of the community and prevent a dangerous BESS
fire incident, BESS applications with an energy storage capacity that exceeds 600 kWh will
Generated 5/2/2025 Page 3
Southampton Town Board - Letter Board Meeting of May 1, 2025
not be permitted in any business districts.
SECTION 2. Amendment
Chapter 330-33 (Business Districts Table of Use Regulations) of the Southampton Town
Code is hereby amended by inserting underlined words and deleting words and a letter with
a strikethrough as follows:
P= Permitted use
SE= Special Exception Use
X= Prohibited use
ALL UNLISTED USES ARE PROHIBITED IN ALL DISTRICTS
Town of Southampton
§ 330-33, Business Districts Table of Use Regulations (Cont'd)
SIC Code Use Classification VB HB SCB OD MTL RWB HO HC
Villag Highwa Shopping Office Motel Resort Hamlet Hamlet
e y Center Busine Busines and Office/ Commer
Busin Busine Business ss s Waterf Reside cial/
ess ss ront ntial Residen
Busine tial
ss
7535 Auto paint shops X SE X X X X X X
7542 Auto cleaning and carwashes X SE X X X X X X
7549 Other auto services X SE X X X X X X
762 General electrical repair shops X P X X X X X X
763 Watch, clock and jewelry repair P X X X X X X P
764 Reupholstery and furniture X P X X X X SE SE
repair
769 Other repair services, welding X SE X X X X X X
4121 Taxicab services, including X SE X X X X X X
repairs
7399 Business services, not X SE X X X X X X
elsewhere classified
Battery energy storage SE—P SE—P SE—P SE—P X-P X-P SE—P SE—P
systems, on excess ef cnn !EWh
Small scale pursuant to §123-39.3.
Battery energy storage systems,Tier SE SE SE SE SE SE SE SE
One,pursuant to Article XXXIII.(33)
Battery energy storage systems,Tier X_ X_ X_ X_ X_ X_ X_ X_
Two pursuant to Article XXX 1 3-3
Commercial-scale,solar energy X* SE SE SE SE SE SE SE
systems
5993 Nonmedical cannabis dispensary X SE SE X X X X X
(6)Amusement and recreational
business category.
782 Motion-picture,film and tape P X P X X X X SE
distribution
783 Motion-picture theaters,community SE SE SE X X X X X
791 Dance halls,studios or schools SE SE SE X X X SE SE
793 Bowling alleys or billiards X SE SE X SE SE X X
799 Physical fitness facilities P P P X X X X X
Generated 5/2/2025 Page 4
Southampton Town Board - Letter Board Meeting of May 1, 2025
7999 Other indoor activities X SE SE X SE SE X X
7999 Miniature golf,driving ranges,pitch-n- X SE X X SE X X X
putt, batting cages,go-carts,bumper
cars or similar outdoor recreation
7999 Art galleries p X p p X X p p
(7)Other business uses.
Hotels and motels,transient X X X X SE X X X
Motels,resort X X X X X SE X X
Marinas and yacht clubs,for profit X X X X X SE X X
Waterfront business complex X X X X X SE X X
B.Industrial uses:
(1)Nonmanufacturing industry.
422 Warehousing X p X X X X X X
Self-service storage facility X SE X X X X X X
(2)Manufacturing industry. X
025 Bakeries,wholesale X p X X X X X X
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law to
the Suffolk County Planning Commission, as well as the Southampton Town Planning Board,
for their recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on May 27 at 6:00 p.m. both in-person, at Southampton Town Hall,
116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a proposed local law entitled, "A LOCAL LAW amending
Chapter 3 3 0 (Zoning ) of the Town Code, Section §330-33, entitled Business
Districts Table of Use Regulations, to change / update the designation of Battery
Energy Storage Systems (BESS) small scale facilities (less than 80 kWh outdoor
and 40 kWh indoor) pursuant to §123-39.3 as "Permitted (P)", Tier One BESS, (greater
Generated 5/2/2025 Page 5
Southampton Town Board - Letter Board Meeting of May 1, 2025
than 80 kWh outdoor and 40 kWh indoor up to 600 kWh) pursuant to Article XXXIII as a
"Special Exception (SE) and Tier Two BESS, (greater than or equal to 600 kWh up to 5 MW)
pursuant to Article XXXIII as a "Not Permitted (X)" use in the stipulated business zoning
districts" and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: townclerk@southamptontownnygov.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and updated § 123-39.3 which regulates BESS under 80 kWh up
to 600 kWh in the Town Code. To allow for a transition to more renewable sources of
energy generation and to enhance the performance /reliability of the energy grid for
commercial uses, Small scale BESS facilities will be permitted in all business zones when the
batteries are subject to §123-39.3 and thus less than 80 kWh in exterior locations, or less
than 40 kWh in interior locations. Tier One BESS, (greater than 80 kWh outdoor and 40
kWh indoor up to 600 kWh) pursuant to Article XXXIII §330-426 B is designated as a
"Special Exception (SE). Tier Two BESS (600 kWh up to 5 MW) pursuant to Article XXXIII
§330-426 C is designated as "Not Permitted (X)" use in the stipulated business zoning
district. To protect the health and safety of the community and prevent a dangerous BESS
fire incident, BESS applications with an energy storage capacity that exceeds 600 kWh will
not be permitted in any business districts.
Copies of the proposed local law, co-sponsored by the entire Town Board are on file in the
Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
Generated 5/2/2025 Page 6
Southampton Town Board - Letter Board Meeting of May 1, 2025
TOWN BOARD RESOLUTION 2025-612 Item#4.2
ADOPTED DOC ID:49620
Notice of Public Hearing to Repeal Southampton Town Code
Section 330-162.21, Entitled " Battery Energy Storage Systems
in Excess of 600kWH"
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW to repeal in its entirety
Town Code Chapter 330-162.21 entitled "Battery Energy Storage Systems in Excess of 600
kWH"," which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW to repeal Town Code Chapter 330-162.21 entitled "Battery Energy Storage
Systems in Excess of 600 kWH" in its entirety.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Board seeks to create legislation that provides clear guidance for the permitting
of battery energy storage systems (BESS) using a tiering system within a newly enacted
Article XXXIII based on storage capacity, with maximum thresholds of storage provided
within each tier. The tier system will allow for the consideration of appropriately sized BESS
facilities to be designed, located, operated, and maintained to minimize risks associated
with facility equipment and fire potential by first establishing that systems over 600 kWH to
a maximum of 5 MW may only be requested within Light Industrial zones as part of a
Special Exception Review by the Planning Board. All systems greater than 600 kWH must
be placed a minimum distance of 300 ft. away from the property lines of parcels containing
existing residential uses and occupied community buildings. The standards require a
significant amount of information and review than was previously required, especially
related to compliance with National Codes standards and Testing methods, the requirement
for Peer review, enhanced fire safety plans/procedures and grid interconnection studies and
agreements. This legislation corresponds to the findings of a select Town based BESS
Steering Committee that reviewed public concerns expressed at many Board meetings,
Town Board input, the New York State Inter-Agency Fire Safety Working Group, recent
updates to relevant codes, standards, testing methods and procedures regulating the BESS
industry as well as input from NYSERDA and the Long Island Power Authority.
SECTION 2. Amendment.
Chapter 330-162.21 of the Southampton Town Code is hereby repealed in its entirety by
deleting the words with a strike through as follows:
A--d d d 1.:....:.........:.2 2.:1:. wr o .11.:::: IL:::: e: w ....: :Y 2:1:.
Generated 5/2/2025 Page 7
Southampton Town Board - Letter Board Meeting of May 1, 2025
eapaeity greater than 600 l(Wh shall be reviewed by the Planning Beard pursuant-t��
B. Utility lines and eleetrieal eireuitry. All en site utility lines shall be . rie.. Ipplicatiens fer the ristallatmen ef battery energy sterage systerns with an aggregate
feet,G. Pareels upen whieh battery energy sterage systerns are placed shall adhere te -
battery sterage in exeess ef 600 I(Wh shall be 41101,1011011.1 square feet.
(3) The maximurn height ef any building er strueture used fer battery sterag-
as
measured pursuantr
urn required transitienal side and rear yards shall be 50 feet-whe-n-
(5) Th�- sereening within required yards shall inelude landseape-pfafft��
te be erected and maintained by the applieant aleng the frent, side and rear prepefty
"nes
the
Beard
orerrients
r where the
features,(6) Design and visibility. Battery energy sterage systerns shall have views minimized
earth
berms,
terrain,with the existing
interfering with ventilatien er exhaust .
(a) The rninirriurn required transitienal frent yard shall be 20
unless the
Beard fond fer aesthetie and/er safety that additie
see-I-.ael. feet,neeessary-
plantings, ineludin evergreen shrubs net less than feur feet On height,
and
.deem d...•us street- t-rees ttrot- rn et- Tr... n spee-ifieatiens.
buildings dedmeated te battery energy sterage systerns shall be enclesed by a fenee
te a maximurn height ef six feet with a self leel,;__ gate te prevent unautherozed
I'VI All required feneing shall eernply with frent yard setbaeks pursuant te the table
Generated 5/2/2025 Page 8
Southampton Town Board - Letter Board Meeting of May 1, 2025
(3) The Planning Beard shall require landscaping located between the fence and the
E. Aeeessery/prineipal use.
(1) Battery ste'-age in excess ef 6110 l(Wh shall net be permitted as accessery te the
(2) in Business and industrial Districts, battery ster ge i'' ^---ess ef 6-0-0 l(Wh shall
ee,nstitute a principal use and as such parcels- sh-all eeeernply with the maximum
primary use ef a parcel is fer the generatien ef electricity via selar panels.
F. Avemdanee area. Battery energy sterage systerns facilities shall net be leeated On the
(1) Reed hazard zenes, unless eernplianee with FEMA can be achieved w0theut,
�quifer Preteetien Overlay District where the elearing standards eannet be rn
Agricultural lands and epen areas.
IA" Histermeally and culturally significant reseurces, unless it can be dernenstrated
will net adversely affect the histerie reseurce and- is fully
;� „
T-e�=eT3ffJ�f�
Generated 5/2/2025 Page 9
Southampton Town Board - Letter Board Meeting of May 1, 2025
upkeep,submitted prier to the issuance ef building pern4t,
I A'I Cernmissiening plan. Such plan shall deeurnent and verify that the systern and
requirements set fel-th ;in the Uniferm Cede. Where eernrnissiening is required by the
Uniform Cede, 'battery energy sterage systern cernmissiening shall be cendueted by-a-
New Yerk State (NYS) licensed prefessienal engineer after the installatien is
ee Plete but prier te final Onspecti-en and appreval. A eerreetive aetien plan shall be
including the results ef the initial acceptance testing required On the Uniform Cede
shall be previded te the Planning Beard prier te final inspeetien and appreval and
maintained at an appreved en site leeatien.
(5) Fore safety eernpliance plan. Such plan shall deeurnent and verify that the
sy-stern and ;its asseemated eentrels and safety systerns are in eernplianee with the
Uniform Cede-.
(6) Operatien and maintenance manual. Such plan shall describe eentonuing battery
as well .-I- edessign,
struetieni i
and te such standards as may be established by the Planning Beard On eensultatien
(1) The signage shall be on eernplianee with ANSI (American Natienal Standards
institute) Z535 and shall include the type ef teehnelegy asseemated with the battery
energy sterage requirements set feFth in the Uniferm Cede.
any special hazards asseemated, the type ef suppres-s-len
systern ;installed On the area ef battery energy systerns, and twenty feur
ION% AS
IL�j � requ red by the NEC (Natienal Electric Cede), diseennect and ether
ergeney shuteff shall be clearly di--Played en a light reflective surfa
A clearly visible
Lighting. Lighting ef the 'battery energy sterage systerns shall be limited te that minimally
required fer safety and eperatienal purpeses and shall be reasenably shielded and dewneast
frern abutting preperties and must adhere te Article XXIX ef the Tewn Zening Cede.
3. Nemse. The ene heur average neise generated frern the battery energy sterage Systerns,
eerripenents, and asseemated ancillary e-quiPIF-ent shall eernply with neise standards found on
pressure level measurements frern a reasenable number ef sampled lee-atie n q at, th-e
rand.
Generated 5/2/2025 Page 10
Southampton Town Board - Letter Board Meeting of May 1, 2025
alarms,emergency eperatieenss plan shall be given te the systern ewner, the leeal Fore Depal-'Ernent,
and leeal Fore Cede Offiemal. A permanent cepy shall alse be plaeed On an appreved- leeatmen
systerns under ernergeney eenditiens te reduce the risk ef fore, eleetrie sheek, and
interleeks, and
eentrels.IAX
% I ...... oreeedures te be fellewed On ease ef fire, explesien, release ef liquids
(5) Respense censideratmens similar te a safety data sheet (SIDS) that will address
(6) Preeedures fer dealing with battery energy sterage system I equipi—I lent I—sj—
in a fore er ether emergency event, ineluding maintaining eentaet fe
p-efsennel qualified te safely rerneve darnaged battery energy �Y—
(7) ether preeedbires as determined neeessary by the Planning Beard te previde fer
training leeal first responders en the centents ef the plan and apprepriate. ressperissee
pfeeedures.
L. Ownership ehanges. if the ewner ef the battery energy sterage systern changes er the
use permit, site plan appreval, and deeernmissiening plan IIIAI
ehange On ewnership er eperater in writing within 30 days ef thee ewnership eh nge. All
permits and apprevals fer the battery energy sterage systern shall be vemd Of a new-ewnef-&r
eperater fails te previde written notifieatien te the Planning Department within the required
torriefrarne. Reinstatement ef a vemded peeial exeeptien/site plan will be subject
M. Deeernmissiening. All site plan applieatiens shall a -I-
plan. The
Generated 5/2/2025 Page 11
Southampton Town Board - Letter Board Meeting of May 1, 2025
r
including whe will
battery energy sterage systern r r r r
r
r
dispesal state, and
r
-^--t, mated deeernmissienin eests and hew said estimate was r
(5) The rnethed ef ensuring that funds will be available fer deeernmissiening and
te -tie
r
sterage r eh r t net r
r S elf and rrequiredr
r
(9) The ewner and/er eperater ef the energy sterage systern shall implement said
eentinueusly maintain a fund payable te the Tewn ef Seuthampten, On a form and arneunt,
and
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
Generated 5/2/2025 Page 12
Southampton Town Board - Letter Board Meeting of May 1, 2025
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 27, 202S at 6:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW to repeal in its entirety Town Code Chapter 330-162.21 entitled
"Battery Energy Storage Systems in Excess of 600 kWH and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;p_ .irk,C�.sir.u.tlh .irnptontowninyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law repeals existing §330-162.21, entitled "Battery Energy Storage Systems in
Excess of 600 kWH" in its entirety.
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
Generated 5/2/2025 Page 13
Southampton Town Board - Letter Board Meeting of May 1, 2025
TOWN BOARD RESOLUTION 2025-613 Item#4.3
ADOPTED DOC ID:49667
Notice of Public Hearing Amending Town Code Chapter 330-37
Entitled "Industrial Districts Table of Use Regulations" as it
relates to Battery Energy Storage Systems
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, at 6:00 p.m., both in person at, Southampton Town Hall located at 116
Hampton Road, Southampton, New York and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW amending C h a p t e r 3 3 0
(Zoning) of the Town Code, Section §330-37, entitled Industrial Districts Table
of Use Regulations, to update the designation of Battery Energy Storage
Systems (BESS) small scale facilities (less than 80 kWh outdoor and 40 kWh indoor)
pursuant to §123-39.3 as "Permitted (P)", Tier One BESS (greater than 80 kWh outdoor
and 40 kWh indoor up to 600 kWh) pursuant to Article XXXIII and Tier Two BESS, (greater
than or equal to 600 kWh up to 5 MW) pursuant to Article XXXIII as a "Special Exception
(SE)" use in the LI-40 and LI-200 zoning districts" which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Chapter 330 (Zoning ) of the Town Code, Section
§330-37, entitled Industrial Districts Table of Use Regulations, to update the
designation of Battery Energy Storage Systems (BESS) small scale facilities
(less than 80 kWh outdoor and 40 kWh indoor) pursuant to §123-39.3 as "Permitted (P)",
Tier One BESS (greater than 80 kWh outdoor and 40 kWh indoor up to 600 kWh) pursuant
to Article XXXIII and Tier Two BESS, (greater than or equal to 600 kWh up to 5 MW)
pursuant to Article XXXIII as a "Special Exception (SE)" use in the LI-40 and LI-200
zoning districts.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and updated § 123-39.3 Small Scale BESS under 80 kWh of the
Town Code. To allow for a transition to more renewable sources of energy generation and
to enhance the performance /reliability of the energy grid for industrial uses, Small scale
BESS facilities will be permitted in all LI-40 and LI-200 zones when the batteries are subject
to §123-39.3 and thus less than 80 kWh in exterior locations, or less than 40 kWh in interior
locations. To incorporate a more comprehensive review of BESS applications that have an
energy capacity greater than 80 kWh in exterior locations, or greater than 40 kWh in
interior locations, with a maximum capacity of 5 MW, Tier One and Tier Two BESS facilities
subject to Article XXXIII §330-426 B-C will be allowed in LI-40 and LI-200 by Special
Exception (SE) with additional Special Exception Standards applied to Tier Two subject to
§330-429. To protect the health and safety of the community and prevent a dangerous
Generated 5/2/2025 Page 14
Southampton Town Board - Letter Board Meeting of May 1, 2025
BESS fire incident, BESS applications that have an energy capacity in excess of 5 MW will
not be permitted in any industrial districts.
SECTION 2. Amendment
Chapter 330-37 (Industrial Districts Table of Use Regulations) is hereby amended by
inserting underlined words and deleting words and a letter with a strikethrough as follows:
P= Permitted use
SE= Special Exception Use
X= Prohibited use
ALL UNLISTED USES ARE PROHIBITED IN ALL DISTRICTS
Town of Southampton
§ 330-37, Industrial Districts Table of Use
Regulations (Cont'd)
sIC Use Classification LI-40 LI-200
Code Light Light
Industry Industry
3949 Sporting and athletic goods,not elsewhere classified P P
F.Accessory uses.
(1)Customary accessory structure and/or use,except those prohibited by this
chapter.
(2)Home occupation other than home professional office. P P
(3)Private garage or private off-street parking area pursuant to§3-W 330-92 P P
through 330-101.
(4)Private swimming pool. P P
(5)Signs pursuant to§330-85 through 330-91. P P
(6)Greenhouse,private. P P
(7)Hotel or motel,transient,integral to planned industrial park or other SE SE
permitted or special exception use,as determined by the Planning Board.
(8)Wind energy conversion system. P P
(9)Accessory apartment pursuant to Article IIA of this chapter. P P
(10)Battery energy storage systems,less than or .,... l te600l""j Small scale P P
pursuant to§123-39.3.
(11)Battery energy storage systems,:i .*eegg e f cnn 1-1—,Tier One,pursuant P-SE P-SE
to Article XXXIIL(33)
(12)Battery energy storage systems,Tier Two,in excess of 600 kWh to SE SE
5MW,pursuant to Article XXXIIL(33)
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
Generated 5/2/2025 Page 15
Southampton Town Board - Letter Board Meeting of May 1, 2025
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on May 27 at 6:00 p.m. both in-person, at Southampton Town Hall,
116 Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a proposed local law entitled, "A LOCAL LAW amending
Chapter 330 (Zoning) of the Town Code, Section §330-37, entitled Industrial
Districts Table of Use Regulations, to update the designation of Battery Energy
Storage Systems (BESS) small scale facilities (less than 80 kWh outdoor and 40
kWh indoor) pursuant to §123-39.3 as "Permitted (P)", Tier One BESS (greater than 80
kWh outdoor and 40 kWh indoor up to 600 kWh) pursuant to Article XXXIII and Tier Two
BESS , (greater than or equal to 600 kWh up to 5 MW) pursuant to Article XXXIII as a
"Special Exception (SE)" use in the LI-40 and LI-200 zoning districts" and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: townclerk@southamptontownnygov.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
Generated 5/2/2025 Page 16
Southampton Town Board - Letter Board Meeting of May 1, 2025
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and updated § 123-39.3 Small Scale BESS under 80 kWh of the
Town Code. To allow for a transition to more renewable sources of energy generation and
to enhance the performance /reliability of the energy grid for industrial uses, Small scale
BESS facilities will be permitted in all LI-40 and LI-200 zones when the batteries are subject
to §123-39.3 and thus less than 80 kWh in exterior locations, or less than 40 kWh in interior
locations. To incorporate a more comprehensive review of BESS applications that have an
energy capacity greater than 80 kWh in exterior locations, or greater than 40 kWh in
interior locations, with a maximum capacity of 5 MW, Tier One and Tier Two BESS facilities
subject to Article XXXIII §330-426 B-C will be allowed in LI-40 and LI-200 by Special
Exception (SE) with additional Special Exception Standards applied to Tier Two subject to
§330-429. To protect the health and safety of the community and prevent a dangerous
BESS fire incident, BESS applications that have an energy capacity in excess of 5 MW will
not be permitted in any industrial districts.
Copies of the proposed local law, co-sponsored by the entire Town Board are on file in the
Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
Generated 5/2/2025 Page 17
Southampton Town Board - Letter Board Meeting of May 1, 2025
TOWN BOARD RESOLUTION 2025-614 Item#4.5
ADOPTED DOC ID:49632
Notice of Public Hearing to Amend Southampton Town Code
Chapter 123 entitled "Building Construction" sub-section 123-
39.3, entitled "Battery Energy Storage Systems"
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW to amend Town Code
Chapter 123, entitled " Building Construction" sub-section 123-39.3, entitled "Battery
Energy Storage Systems" as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW to amend Town Code Chapter 123, entitled "Building Construction" sub-
section 123-39.3, entitled "Battery Energy Storage Systems".
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
This Code is intended as a companion to the changes for Battery Storage within Article
XXXIII of the Town Code. Once all of the planning and zoning reviews are completed, a
building permit and electrical permit must be applied for. With the proposed changes,
Chapter 123 will adopt the most stringent fire protection codes to ensure the health and
safety of Southampton residents and businesses. The Code also allows for expert/peer
review so that the Building Department can ensure that the applicable codes are adhered
to.
SECTION 2. Amendment.
Chapter 123, entitled, "Building Construction" sub-section 123-39.3, entitled " Battery
Energy Storage Systems, is hereby amended by adding the words with an underline and
deleting the words with a strike-through as follows:
§ 123-39.3 Battery energy storage systems.
[Added 1-26-2021 by L.L. No. 3-2021]
A. All Battery energy storage systems "BESS" must be designed and installed in
accordance with all applicable provisions of the New York State Uniform Fire, Energy
PFeve,men and Building Code as may be amended from time to time and applicants
must provide adequate documentation FefeFenced within the peFngmt application to
demonstrate how th+s the proposed system meets these FequiFengents the applicable
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Southampton Town Board - Letter Board Meeting of May 1, 2025
national standards, testing methods and codes.
(1)
shall be installed and maintained On acceFdance with the NYS Residential OF
CengngeFemal Building Code, depending on the peFn9itted use of the pFepeFty.-
Exemption. The temporary use of an owner's or occupant's electric-powered
vehicle as an energy storage system shall be permitted in accordance with
applicable sections of the NYS Residential Code.
(2) Storage limitations. Individual battery energy storage system units shall
have a maximum rating of 20 kWh. The aggregate rating for Small Scale
installations shall not exceed:
(a) Forty L40) kWh within utility closets and storage utility spaces.
(b)Eighty LUO kWh in attached or detached garages and detached accessory
structures.
(c) Eighty LUO kWh on exterior walls.
(d) Eighty LUO kWh outdoors on the ground (on an approved poured concrete
padj.
(e) Battery energy storage system installations exceeding the permitted
aggregate ratings are considered to be Tier One and shall be installed in
accordance with Section 1206.2 through 1206.17.7.7 of the Fire Code of
New York State, as may be amended and Article XXXIII Battery Energy
Storage Systems.
B.
any installation of a batteFy eneFgy steFage systeng less than eF equal to 600 l(Wh'. A
building permit and an electrical permit shall be required for any installation of a
battery energy storage system., except as exempted in �330-428A PUFsUant to the
Code, Applications for small scale
battery energy storage systems with an aggregate capacity greater than 699 &$
'H the storage limitations specified in �123-39.3 A (2) above shall first obtain site
plan and special exception appFeval fFeng the Planning BeaFd all required planning
and zoning approvals and then shall sub prior to submission of a
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Southampton Town Board - Letter Board Meeting of May 1, 2025
building/electrical permit application.
C. All applications feF any batteFy eneFgy steFage systeng within the Town shall n9eet
applicable . . . f the New YeFl( State UnmfeFng Code and the following safety
standards: All BESS applications within the Town shall adhere to the most current
edition of the following codes, standards and testing methods for design,
construction, installation, commissioning, operation, maintenance, decommissioning,
and safety standards.
(1) System certification. All battery energy storage systems and equipment shall
at a minimum be listed and labeled by a nationally recognized testing
laboratory (NRTL) to UL 9540 (Standard for Battery Energy Storage Systems
and Equipment)
and compliance with the following list of standards and codes
as may be amended shall be required by the Building Inspector when
applicable:
(a) , Vehicle AuxiliaFy
PeweF and Light ElectFic Ram! 2021 International Fire
Code (IFC).
(b) ; NFPA 1, Fire Code, 2021
NFPA1 .
(c) UL 1741 eF UL 62109 (Inverters and Pewee Converters), NFPA 855
Standards for the Installation of Stationary Energy Storage Systems,
2023 (NFPA855).
(d) Altematively, field evaluation by an appFeved testing labeFateFy for
compliance with UL 9540 and applicable codes, Fegulations and safety
NFPA 68 Standard on Explosion Protection by Deflagration Venting,
2018 (NFPA68)*.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
(e) NFPA 69 Standard on Explosion Prevention Systems, 2019 (NFPA69)*
(f) IEC 60529 Degrees of Protection Provided by Enclosures, edition 2.2,
January 2019 (IP Code).
(CO IEC 62619 Secondary cells and batteries containing alkaline or other
non-acid electrolytes- Safety requirements for secondary lithium cells and
batteries for use in industrial applications, 2017(IEC62619).
(h) IEC 62933-5-2- Safety Requirements for grid integrated ESS Systems,
2023 (IEC62933-5-2).
(i) UL 1973 Standards for Batteries in Stationary, Vehicle Auxiliary Power,
and Light Electric Rail Applications, ed. 2, February 7, 2018 (UL1973).
(i) UL 1642 Standards for Lithium Batteries, ed. 6, September 29, 2020
(UL1642).
(k) UL9540 Standard for Safety of ESS and Equipment, ed. 2, February
27, 2020 (UL9540).
(1) UL 9540A Test Method for Evaluating Thermal Runaway and
Propagation in BESS, ed. 4, November 12, 2019 (UL9540A).
(m) UL 1741 and Supplement SA Standard for Inverters, Converters, and
Interconnection Equipment for Use with Distributed Energy Resources, ed.
3, October 23, 2024 (UL1741).
(n) UL 1974 Evaluation for Repurposing or Remanufacturing Batteries, ed.
2, November 10, 2023 (UL1974).
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Southampton Town Board - Letter Board Meeting of May 1, 2025
(o) UL 1487 Battery Containment Enclosures, ed. 1, February 10, 2025
(UL1974).
(p) NFPA 111, Standard on Stored Electrical Energy Emergency and
Standby Power Systems.2025 (NFPA111).
(q) NFPA 853 Standard for the Installation of stationary Fuel Cell Power
Systems, 2025 (NFPA853).
(r) NFPA 70E Standard on Protective Ensembles and Proximity
Firefighting, 2024 (NFPA70E).
(s) 2024 NFPA 76 Battery Ventilation Code Requirements.
(t) 2025 NFPA 13 Sprinkler Systems.
(u) 2022 NFPA 15 Water Spray Fixed Systems for Fire Protection.
(v) 2025 NFPA 72 Fire Alarm and Signaling.
(w) 2023 IEEE C2 National Electric Safety Code, 2023(IEEE C2).
(x) IEEE 1547 Standards for Interconnection and Interoperability of
Distributed Energy Resources to Power Grid, 2018 (IEEE1557).
* Alternative explosion control systems, outside of NFPA 69 and NFPA 68
may be considered as substantiating documentation proving the efficacy
of the proposed alternative explosion control system if found necessary by
peer review.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
(2) Access. Access to the battery energy storage system in the required cabinet
or container shall be maintained, including snow removal and any other
obstruction (other than required fencing/ screening).
(3) 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 National Fire Protection
Association (NFPA) 70- NFPA 855, and UL1487.
(4) System design and compliance with all required safety standards referenced
above may be confirmed by the Building Department by utilizing a third-party
peer review of a qualified industry expert from a list of vendors established by
the Town Board, or from a list provided by NYSERDA or other qualified entity .
Such referral shall be at the applicant's expense and shall be paid to the Town
according to procedures set forth by the Town Planning and Development
Administrator.
D. Cessation of use. All battery energy storage systems shall be maintained in good
working order and in accordance with industry standards. A system shall be
considered abandoned when it ceases to operate consistently for a period of one year
or lacks proof of compliance with all inspections required by the New York State
Uniform Codes.
E. As part of the approval for battery storage installation, the applicant shall be required
to affix a warning label next to all utility meters, indicating the kind of operating
battery storage installation system on site. A certificate of compliance shall not be
issued unless said warning label has been affixed.
F. The Town n9ust shall maintain a fi-st database by addFess of all battery energy storage
system installations, including listing battery type, aggregate nameplate capacity,
make, model, manufacturer and model year to be shared with relevant first
responder organizations. All relevant inspection logs shall be kept on site and
accessible to the Office of Public Safety and Fire Prevention.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
G. Connection. Applications for battery energy storage systems that are designed to
operate in parallel with the Long Island Power Authority's transmission / distribution
system shall provide the Building Department with a Smart Grid Small Generator
Interconnection application (fast track, expedited or full) with PSEG Long Island, or a
Standardized Interconnection Agreement (for UL 1741 certified inverter -based
systems that are 50 kW and less). This information may be provided for third-party
review as provided in C (4) herein.
H. Proof that the system owner, lessee, or owner's designee is the holder of a minimum
10-year warranty for the proposed BESS equipment shall be provided to the Building
Department in addition to any insurance required.
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 27, 202S at 6:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW to amend Town Code Chapter 123, entitled " Building Construction"
sub-section 123-39.3, entitled "Battery Energy Storage Systems" and take:
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
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Southampton Town Board - Letter Board Meeting of May 1, 2025
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;.eirk,C�.sir.u.tlh .irnptontowninyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law amends Southampton Town the Town Code Chapter 123, Building
Construction, by amending section 123-39.3 for Battery Energy Storage Systems.
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
Generated 5/2/2025 Page 25
Southampton Town Board - Letter Board Meeting of May 1, 2025
TOWN BOARD RESOLUTION 2025-615 Item#4.7
ADOPTED DOC ID:49627 A
Notice of Public Hearing Amending Southampton Town Code
Chapter 330, entitled, "Zoning" by Adding New Article XXXIII,
entitled" Battery Energy Storage Systems"
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW to add new Article XXXIII,
to entitled "Battery Energy Storage Systems" to Chapter 330, entitled "Zoning" which
provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW to add new Article XXXIII, to entitled "Battery Energy Storage Systems" to
Chapter 330, entitled "Zoning".
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
The Town Board seeks to create legislation that provides clear guidance for the permitting
of battery energy storage systems (BESS) using a tiering system within a newly enacted
Article XXXIII based on storage capacity, with maximum thresholds of storage provided
within each tier. The tier system will allow for the consideration of appropriately sized BESS
facilities to be designed, located, operated, and maintained to minimize risks associated
with facility equipment and fire potential by first establishing that systems over 600 kWH to
a maximum of 5 MW may only be requested within Light Industrial zones as part of a
Special Exception Review by the Planning Board. All systems greater than 600 kWH must
be placed a minimum distance of 300 ft. (as measured property line to property line) from
the property lines of parcels containing existing residential uses and occupied community
buildings. The standards require a significant amount of information and review than was
previously required, especially related to compliance with National Codes standards and
Testing methods, the requirement for Peer review, enhanced fire safety plans/procedures
and grid interconnection studies and agreements. This legislation corresponds to the
findings of a select Town based BESS Steering Committee that reviewed public concerns
expressed at many Board meetings, Town Board input, the New York State Inter-Agency
Fire Safety Working Group, recent updates to relevant codes, standards, testing methods
and procedures regulating the BESS industry as well as input from NYSERDA and the Long
Island Power Authority.
SECTION 2. Amendment.
Chapter 330, entitled. "Zoning", is hereby amended by adding new Article XXXIII entitled,
"Battery Energy Storage Systems" by adding the words with an underline as follows:
ARTICLE XXXIII BATTERY ENERGY STORAGE SYSTEMS
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Southampton Town Board - Letter Board Meeting of May 1, 2025
a 330-424 Purpose.
A. The Town Board of the Town of Southampton hereby finds and declares it to be the
public policy of the Town to minimize the hazards, environmental impacts, and visual
impacts of battery energy storage systems (BESS) in the process of helping to
achieve the green energy transition, provide an adequate energy supply to the
citizenry, increase the resiliency of the electrical transmission system, and reduce
fossil fuel dependence and the associated production of harmful greenhouse gas
emissions.
B. The Town further recognizes the goals of the 2019 New York State Climate
Leadership and Community Preservation Act as well as the Town's Comprehensive
Plan documents ("Sustainable Southampton 400+" and "Southampton Climate Action
Plan") which require the Town to take action on developing a long-term and
comprehensive energy plan that supports improvements to the electrical cirid
infrastructure. The Long Island Power Authority estimates that by 2030 more than
half of the energy used could come from renewable sources, making battery storage
critically essential to a successful transition to a clean energy future.
C. It is intended that this article be enacted to further a comprehensive approach and
tiering system which shall regulate BESS equipment/facilities throughout the Town of
Southampton and provide clear guidance for the desired locations for installation of
utility scale (over 600 kWh) up to 5 MW BESS facilities on Industrially Zoned lands.
This is necessary in order to streamline local emergency management, maintain
spatial separation from residences/occupied community building(s), and facilitate
interconnection with the existing transmission and distribution infrastructure of the
Long Island Power Authority electrical _ rid.
D. Fire incidents at battery storage facilities have highlighted the need to adequately
address fire safety, including measures to prevent and respond to battery storage
fires. The Town Board has considered the draft findings of the New York State
Interagency Fire Safety Working__group, last released in July of 2024 and the
Proposed amendments to the 2024 NYS Uniform Code (March 19, 2025 New York
Department of State Proposed Rule Making) and will incorporate recommendations
such as mandatory peer review; alternative explosion controls; certification of fire
mitigation personnel; enhanced signage; full-time network operation monitoring;
video surveillance; regimented training for first responders; refined parameters for
fire alarm triggering; special inspections; root cause analysis; proper usage of water
to extinguish Li-ion fires; and distances to oil-insulated transformers. Such
recommendations in final form and any adopted amendments thereto per subsection
G shall be incorporated by reference herein.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
E. Although the Town Board is including the best practices identified by the working
group, the fact remains that the Town of Southampton is relatively isolated on the
eastern end of Long Island with only two roadways serving as coastal evacuation
routes. The Town is empowered to regulate and restrict the development and use
of property for the purpose of promoting the health, safety, morals, and general
welfare of the community. Restricting land uses that may result in extensive
disaster losses is an important objective, especially in locations that are in close
proximity to existing residences, occupied community buildings or any other location
that may significantly impact the—safety, welfare, and unique environmental
attributes of the community.
F. To ensure the safety of our citizenry, the Town Board finds that utility scale battery
energy storage is not appropriate as a land use in residential zones. In order to
balance safety with the need for some local renewable energy storage, the Board
finds that the appropriate location for battery storage above 600 kWh to a
maximum of five (5) megawatts (MW) is only permissible within existing Light
Industrial (LI-40, LI-200) zones of the Town. Establishing an upper threshold
limitation of five (5) megawatts is considered a practical and necessary first step to
allow for the gradual introduction of battery storage technology.
G. To ensure that the Battery Energy Storage Systems are designed, installed,
operated, and maintained to the most rigorous standards and codes, the most
current New York State Uniform Code, International Building Code, National Electric
Code, International Fire code, National Fire Protection Association standards,
Underwriters Laboratory Testing standards, and the International Electro-technical
Commission standards for Battery Energy Storage Systems, as may be amended
from time to time will be incorporated by reference herein.
H. Battery energy storage systems have a wide variety of designs and underlying
chemistries. Lithium-ion batteries are the dominant electrochemical grid energy
storage technology because of their extensive development history in consumer
electronics and electric vehicles. Characteristics such as high energy density, high
power, high efficiency, and low self-discharge have made them suitable for many
grid applications. The Town recognizes that energy storage systems are continually
being improved upon through technological advances and innovation. To ensure that
a BESS battery technology and equipment design has a proven track record,
permitting will be restricted to battery energy storage systems that have been
deployed elsewhere.
15 330-425 Definitions.
AUGMENTATION
The process of supplementing or replacing some or all of the system components to
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Southampton Town Board - Letter Board Meeting of May 1, 2025
maintain the nameplate capacity.
BATTERY MANAGEMENT SYSTEM (BMS)
An electronic 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. A host network operations center (NOC) or remote operations center (ROC) that is
staffed 24/7 shall monitor the system and immediately communicate critical failure
notifications.
BEHIND THE METER (BTM)
A term used to describe energy generation or storage systems that are located on the
customer's side of the utility meter, typically used for—on-site load consumption or backup
power, and potentially providing grid support services through demand response or net
metering programs.
CABINET
A small to medium sized storage enclosure designed for the housing of battery cells.
Resembles a commercial sized refrigerator. Personnel are not able to enter the enclosure
other than reaching in to access components for maintenance purposes.
CERTIFICATE OF APPROVAL
A list of energy storage systems, approved by the Fire Department Bureau of Fire
Prevention, New York City, that have demonstrated compliance with energy systems
national and state codes and standards. The equipment includes manufacturer, product
name, model number, certificate numbers, and expiration date of certificate.
CERTIFICATE OF FITNESS (COF B28)
A certificate issued by the Fire Department of New York to ensure an individual is able to
handle, use, maintain, inspect, test, or transport battery energy storage systems and
associated equipment.
COMMUNITY BENEFIT AGREEMENT (CBA)
A legally binding contract between a developer and a community organization or
government body that specifies benefits the developer will provide in exchange for
community support.
COMMUNITY DISTRIBUTED GENERATION (CDG)
A program that allows customers to purchase renewable electricity from a facility, such as
a solar farm, without installing or maintaining equipment. The electricity generated at the
facility is shared with participants as monthly credits.
CONTAINER
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A large size storage enclosure used to store the components of the battery energy storage
system; resembles a maritime ISO container.
COORDINATED ELECTRIC SYSTEM INTERCONNECT REVIEW (CESIR)
A comprehensive engineering study of the impact the project has on the electric utility
system.
DECOMISSIONING
A systematic process that provides documentation and procedures that allow an energy
storage system to be safely de-energized, disassembled, readied for shipment or
storage, and removed from the premises in accordance with applicable code requirements.
DEFLAGRATION
An exothermic reaction, such as the extremely rapid oxidation of a flammable dust or
vapor in air, in which the reaction progresses through the unburned material at a rate less
than the velocity of sound. A deflagration can have an explosive effect.
EMERGENCY BATTERY SYSTEMS (MOBILE BATTERY ENERGY STORAGE)
A portable battery storage system that may be mounted on trailers and towed to locations,
in the same way as emergency generators or other mobile power and heating trailers for a
limited specified time during emergency situations.
FIRE MITIGATION PERSONEL (A Certificate of Fitness Holder)
A trained and qualified representative of the site owner /operator, who holds a Certificate of
Fitness, with knowledge of the installation who can be deployed on-site to support local
emergency first responders. Such person shall be responsible for being present during
activation; maintaining_proper signage; coordinating emergency communications with local
fire departments; notifying the Department as well as the Town of any repairs taking place
and overseeing both commissioning and de-commissioning.
GRID SCALE ENERGY STORAGE (see also UTILITY SCALE ENERGY STORAGE)
Grid scale energy storage systems, typically with capacities greater than 600kWh to
multiple megawatt-hours up to 5 MW, designed to provide _ rid support services, such as
frequency regulation, load shifting, and backup power, to help maintain grid reliability and
accommodate the integration of renewable energy sources.
INTERCONNECT AGREEMENT
A business contract between the utility and the customer for the purpose of interconnecting
a distributed energy (DE) project located at the customer site to the utility's electrical
distribution system
INVERTER / RECTIFIER
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Southampton Town Board - Letter Board Meeting of May 1, 2025
A device that changes DC power to AC power or AC power to DC power.
LITHIUM-ION BATTERIES
A system comprised of one or more lithium-ion batteries assembled together, capable of
storing energy in order to supply electrical energy at a future time.
NAMEPLATE AC CAPACITY
The maximum rated alternating current (AC) output that an energy storage
system can store, typically expressed in kilowatt-hours (kWh) or megawatt-hours (MWh).
NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA)
OCCUPIED COMMUNITY BUILDING
Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code,
including but not limited to schools, colleges, day-care facilities, hospitals, correctional
facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
POWER PURCHASE AGREEMENT (PPA)
An arrangement in which a third-party developer installs, owns, and operates an energy
system on a customer's property
RENEWABLE ENERGY
Energy generated from sustainable resources, such as solar, wind, hydro, geothermal, and
biomass, which have little to no negative impact on the environment.
REPOWERING
The process of reconficlurincl, supplementing, or replacing some or all of the system
components to increase the nameplate capacity.
ROUND-TRIP EFFICIENCY
The efficiency of an energy storage system when accounting for both charging and
discharging processes, typically expressed as a percentage.
UTILITY SCALE ENERGY STORAGE
A BESS facility that is capable of storing an amount of energy in excess of 600 kilowatt-
hours (kWh), noting that the Town prohibits storage in excess of 5 MW.
15 330-426 ADDlicability.
A. All battery energy storage systems ("BESS") must be designed and installed in
accordance with all applicable provisions of the New York State Uniform Fire Code,
Building Code, and Energy Code as may be amended from time to time and
applicants must provide adequate documentation to demonstrate how the proposed
system meets these requirements.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
LO Small scale, behind the meter installations that fall within the storage
limitations of (2) below shall comply with �123-39.3 and �330-76 in order to
obtain a building and electrical permit.
(2) Storage limitations for specific placement of batteries. Individual battery
units shall have a maximum rating of 20 kWh. The aggregate (more than one
battery) rating that may be permitted for "behind the meter" installations is
identified below:
Lal Forty (40) kWh within utility closets and storage utility spaces.
Lbj Eighty (80) kWh in attached or detached __garages and detached accessory
structures.
(c) Eighty (80) kWh on exterior walls.
(d) Eighty (80) kWh outdoors on the ground (on an approved poured concrete
pad).
(3) Battery energy storage system installations exceeding the permitted aggregate
ratings listed above, and less than or equal to 600 kWh, are considered Tier One and
shall be installed in accordance with Section 1206.2 through 1206.17.7.7 of the Fire
Code of New York State, as may be amended, and shall comply with the review
procedures of B, herein.
B. Tier One. Applications for the installation of battery energy storage with an aggregate
nameplate AC energy capacity greater �330-426 (A)(2)(a)-(d) to a maximum of 600 kWh of
battery energy storage shall be considered 'Tier One' and shall be subject to review by the
Planning Board pursuant to the procedures of �330-183, the special exception eq neral
standards of � 330-122, as may be amended; and all applicable standards within this Article
and �123-39.3 inclusive of any building and electrical permit requirements and all
inspections related thereto.
Minimum lot area 40,000 sq. ft.
Permissible in non-residential zoning districts only.
Parcels upon which BESS are placed shall adhere to the corresponding
dimensional regulations for the zoning district in which they are located.
C. Tier Two. Applications for the installation of battery energy storage with an aggregate
nameplate AC energy capacity greater than 600 kWh up to and inclusive of 5 MW shall be
considered 'Tier Two' and as such shall be subject to review by the Planning Board pursuant
to the procedures of �330-183, the special exception general standards of �330-122 and
the specific special exception criteria described in �330-429; and all applicable standards
within this Article and �123-39.3 inclusive of any building and electrical permit requirements
and all inspections.
Minimum lot area 80,000 sq. ft.
Permissible in Light Industrial (LI-40, LI-200) zoning districts only.
Parcels upon which BESS are placed shall adhere to �330-38, Industrial
Districts Table of Dimensional Regulations and as set forth in this article.
D. All Battery Energy Storage Systems approved by the Planning Board shall require a
building permit and an electrical permit.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
E. Modifications, repowering, retrofits, or replacements of approved battery systems that
increase the aggregate nameplate AC energy capacity, designed discharge, duration or
power rating, changes in electrochemical design, and project footprint shall be subject to
this Article.
F. Applications for the installation of battery energy storage with an agqreqate nameplate
AC energy capacity greater than 5 MW shall not be permitted in any zoning district
throughout the Town.
15 330-427 General requirements.
A. All applications shall include a project narrative that specifies the type of energy storage
system and product description, which includes the storage technology type, manufacturer,
kW and kWh capacity, roundtrip efficiency and the intended uses of the energy storage
system.
(1) Owner's endorsement or other documentation that demonstrates the applicant
has obtained or is under a binding contract to obtain title or a leasehold interest in all
properties comprising the facility site.
(2) Applicants shall provide credentials that demonstrate that legal entities involved
in commissioning, operating, maintaining, and decommissioning of the BESS facility
possess the requisite financial ability to complete the contract, accountability,
reliability, skill, sufficiency of capital resources, judgment, integrity and "moral
worth, to be determined as a matter of fact on a case-by-case basis. Proof may
include, but is not limited to current licenses, certificates of fitness, inclusion on New
York State compiled lists of qualified entities for commercial and industrial BESS
facilities and/ or a track record of the successful commissioning of similar BESS
facilities.
B. Lot size. For purposes of determining whether the installation of BESS facility complies
with zoning regulations, including, but not limited to, setback requirements, lot coverage
requirements and other such requirements, the dimensions of the entire lot shall clovern
even though BESS, inverter, or other associated equipment may be located on leased
parcels within such lot.
C. Principal or accessory use. BESS facilities may be considered either principal or
accessory uses. The Chief Building Inspector shall make such determinations as appropriate
based on the following:
(1)Business and Industrial Districts, a battery energy storage system with an
aggregate nameplate AC capacity from 80 kWh up to 5 MW (Tier One and Tier Two)
is considered accessory conditioned that the agqreqate nameplate AC capacity is less
than or equal to 24 times the average daily load on the parcel. BESS in excess of
this threshold and/ or greater than 600 kWh, shall constitute a principal use and as
such parcels shall comply with principal setbacks and the maximum number of uses
as per _ 33� 031.
(2) Battery storage may be considered accessory when the primary use of a parcel is
for the generation of electricity from a renewable energy system utilizing solar
panels, wind turbines, or other approved renewable energy technology. The
agqreqate nameplate AC capacity of the battery energy storage system shall be
designed to store no greater than the average total daily kWh produced by the
renewable energy system (e.g. 4,000 kWh generated in a day = 4,000 kWh
maximum storage capacity).
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Southampton Town Board - Letter Board Meeting of May 1, 2025
D. Avoidance areas. Tier Two applications shall not be located in the following avoidance
areas:
(1) Parcels within 300 ft. of an occupied community building parcel, single-
family residential parcel, and/or any residential district, as measured from
property line to property line.
Industrial District parcels that share any property line with a residential parcel
or are within 300 ft. of a residence, hospital, school, daycare, church/reliclious
or other similar high occupancy building, as measured from one property line
to another.
Coastal Erosion Hazard Areas (CEHA).
(4) Special Flood Hazard Areas (SFHA).
Central Pine Barrens (Core Preservation Area), unless a hardship exemption
waiver is first approved by the Central Pine Barrens Joint Policy and Planning
Commission in accordance with �330-215 and �330-219.
Aquifer Protection Overlay District where the clearing standards cannot be
met.
L7JAcIricultural lands and open space/greenbelt areas.
Historically and culturally significant resources, unless it can be demonstrated
that an installation will not adversely affect the historic resource and is fully
reversible.
(9) Designated conservation areas, including, but not limited to, lands purchased
through the Town's Community Preservation Fund.
(10) Designated Scenic corridors or viewsheds.
(11) Within 500 feet of the right-of-way of designated Coastal Evacuation routes
as established by the New York State Emergency Management Office.
(12) Wetlands, both tidal and freshwater.
E. All Tier Two Battery Energy Storage Systems shall be considered Type I Actions pursuant
to SEQRA and Chapter 157 of the Town Code.
F. Insurance, indemnification and waiver.
(1) The facility operator/ owner shall indemnify the Town and hold the Town
harmless from and against any and all claims, causes of action, liability, damage,
loss, cost or expense (including reasonable attorneys' fees) arising out of or related
to the use, maintenance, or operation of the BESS or arising out of or related to the
license.
(2) Prior to the site plan / special exception approval and subject to review by the
Town Attorney's office, the applicant shall furnish the Town with a comprehensive
liability insurance policy, insuring the applicant and/or property owner against
liability for damage to persons or property, with limits as established by resolution of
the Planning Board, which policy shall name the Town as an additional insured and
shall not be cancelable without at least 30 days' prior written notice to the Town.
Additional comprehensive liability insurance policies, naming the Town as an
additional insured, may be required.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
15 330-428 Exemptions.
A. The following are exempt from the provisions of this article.
LQ New or refurbished batteries installed in the equipment, devices, vehicles they
are designed to power.
(2) New or refurbished batteries packed for use in the equipment, devices,
vehicles they are designed to power.
(3) Batteries in original retail packaging that are rated at 300 watt or less or
contain 25 grams or less of lithium metal.
(4)Temporary storage of batteries or battery components during the service of a
battery electric vehicle as it relates to auto-repair use.
B. Modifications/ augmentation/ repair. The following are exempt from site plan review
but shall require a building permit, an electrical permit and delivery and/or removal
from the site must also be coordinated (date/time/Route) with emergency services.
LQ Replacement of battery cells of the same electrochemical composition, design
and quantity (i.e. not increasing the aggregate nameplate AC energy
capacity).
(2) Upgrades or servicing to electrical equipment, safety equipment, interconnect
devices, and associated hardware that support a certified and approved BESS,
provided that it shall not increase the BESS enclosure area/footprint.
C. Temporary emergency_power supply. Mobile units with an energy storage capacity
rating greater than 80 kWh but less than 600 kWh may be permitted, in an
emergency, on a case-by-case basis with documentation certifying that the mobile
unit conforms with UL 9540A, NFPA 855, and NFPA 111 and will be
located/connected in coordination with the "Incident Commander" be it the
Emergency Management Administrator, Fire Marshal, Chief of Police or an approved
designee.
D. The temporary use of an electric-powered vehicle as an energy storage system shall
be permitted in accordance with applicable sections of the NYS Residential Code.
15 330-429 Special exception standards; special conditions and safeguards
for Tier Two.
A. General. In cirantincl a special exception use, the Planning Board may impose
conditions to the extent that the Planning Board determines such conditions are
reasonably necessary to minimize any adverse impacts from the proposed BESS
facility on adjoining properties and maximize public safety.
(1) The minimum lot area shall in no case be less than 80,000 square feet.
(2) All setbacks shall adhere to �330-38, Industrial Districts Table of
Dimensional Regulations.
(3) Parcels with BESS facilities shall not be aggregated in any fashion to
exceed 5MW of energy storage.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
(4) Height. The maximum height of any structure used for battery storage
shall be fifteen (15) feet, as measured pursuant to � 330-5, Height of
structure or building.
(5) Screening and access. Battery energy storage systems shall, where
feasible, 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 existing terrain,
character of the property and surrounding area. Fire apparatus shall be _ iven
adequate access throughout the site to the satisfaction of the Fire Marshal
and areas within the site that may be utilized for staging an emergency
response shall be indicated on the plans and arranged to not impede the
normal operation of adjacent roadway networks.
Lal The Planning Board shall ensure that the proposed site has direct
frontage on an improved, existing state, county, or Town road having
a right-of-way of at least 50 feet in width and adequate fire
suppression hydrants.
Lbj Site plans shall demonstrate compliance with screening for all required
yards.
Lcl Landscape maintenance shall limit the use of pesticides to those with
low toxicity and persistence. The use of fertilizers shall be limited by
the Planning Board.
L6) Enclosure. Battery energy storage systems shall be housed in permanent
stationary cabinets or containers constructed in accordance with all applicable
standards and codes including but not limited to those listed in �123-39.3 C.
and placed upon a poured concrete pad that shall be specified in the plans to
the satisfaction of the Town Engineer.
La I Containers, indoors and outdoors, that are not currently certified as
being in accordance with UL1741, Standards on Battery Containment
Enclosures, shall be installed in accordance with the amended 2024
NYS Fire Code (March 19, 2025) section 320.4.
Lb I Areas within 20 feet on each side of a BESS enclosure shall be cleared
of vegetation and any tree stumps removed. Site design shall ensure
that the removal of mature/large caliper trees is minimized.
Lc I Gravel or other suitable material shall be placed within the 20 ft. area
around an enclosure.
(7) Fencing requirements.
Lal Battery energy storage systems, including all dedicated mechanical
equipment and appurtenances shall be enclosed by a fence having a
maximum height of ten feet from natural grade with a self-locking
gate to prevent unauthorized access and shall not interfere with
ventilation or exhaust ports.
Lbj Fencing shall be constructed with approved non-flammable materials.
Lcl Vehicle Impact Protection, such as bollards or other barriers, shall be
required pursuant to NFPA 855 and the NYS Uniform Fire Code.
to Site shall be maintained and accessible to emergency vehicle access
year round in coordination with the Chief Fire Marshal.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
Lel Failure to maintain the security fencingprovide adequate access
for emergency response personnel may result in the revocation of the
certificate of occupancy until such time as this requirement is met.
Right of Way and Utility lines.
(a) The minimum required transitional front yard shall be in accordance with �330-
83(H) but in no case less than 50 feet, unless the Planning Board finds for aesthetic
and/or safety reasons that additional setback is necessary.
(b) All on-site utility lines shall be placed underground to the extent feasible and as
permitted by the serving utility, with the exception of the main service connection at
the utility company right-of-way and any interconnection equipment, including
without limitation any poles, with new easements and right-of-way.
(c) Overhead wires connecting the BESS facility to an energy generation station or
substation shall not be permitted, unless the parcel containing the energy generation
station or substation immediately abuts the parcel on which the BESS is proposed
and existing overhead connections are present.
(9) Protection of aquifer (for BESS in excess of 1 MW).
(a) Water, or other liquid agents used to suppress fire or other emergency event
shall be collected and retained on-site in accordance with any design
recommendations of the Town Engineer and the Fire Marshal.
(b) The emergency runoff retention system shall be sized to hold at least 10,000
gallons, designed to collect emergency runoff within 20 feet of the battery
enclosures, and further require a severable storm drain connection to be closed
during emergency situations so that potentially contaminated water/ agents cannot
drain from the site.
Lcl Agents/ liquids for firefighting retained during a fire or other emergency event
shall be tested for contaminants and filtered if pollutants exceed the total maximum
allowable concentration established by the NYS Water Quality Standards Program
guidelines, prior to disposal.
to Conformance with State Pollutant Discharge Elimination Systems permits
(SPDES) and stormwater design pursuant to Chapter 285 and any additional
applicable pollution control measures and best practices shall be followed.
(e) Fire suppression systems dependent on PFAS (polyflouroalkyl substances) are
prohibited.
(10) Signage.
(a) All signage shall be in compliance with ANSI (American National Standards
Institute) Z535, and NFPA 855 as may be amended. The signage shall include the
type of technology associated with the battery energy storage systems, any special
hazards associated, the type of suppression system installed in the area of battery
energy storage systems, the type of generation, twenty-four-hour emergency
contact information for the fire mitigation personnel, including reach-back phone
number, a map of the site with isolation distances response personnel should
maintain, locations of standpipes, service points, utility meters, AC and DC
disconnects, inverters, photovoltaic array or other type of generator connected to the
batteries.
(b) As required by the NEC (National Electric Code), disconnect and other emergency
shutoff information shall be clearly displayed on a light reflective surface. A clearly
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Southampton Town Board - Letter Board Meeting of May 1, 2025
visible warning sign concerning voltage shall be placed at the base of all pad-
mounted transformers and substations.
(c) Signs shall be additionally placed along the outside of the outermost facility
perimeter fence line. The site plans shall indicate this signage location.
(11) Lighting. Lighting of the battery energy storage systems shall be limited to that
minimally required for safety, security and operational purposes and shall with Dark
Sky standards of Article XXIX of the Town Zoning Code.
(12) Noise. The one-hour average noise generated from the battery energy storage
systems, components, and associated ancillary equipment shall comply with noise standards
found in Town Code �235-3B. Applicants may submit equipment and component
manufacturer's noise ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable number of
sampled locations at the perimeter of the battery energy storage system to demonstrate
compliance with this standard.
(13) Drainage.
(a) All site contours will be confirmed with site surveys to confirm drainage patterns
and not assumed from Lidar.
(b) A stormwater pollution prevention plan shall be required pursuant to �285-9 for
all applications.
(c) Public roadways that are impaired by construction of a BESS facility shall be
restored back to the original condition after construction has finished.
(d) Water retention systems, stormwater interconnections, culvert sizing, and
detailed drawings for proposed culverts in the right-of-way shall be submitted in
accordance with the design requirements of the Stormwater Management Officer.
330-430 Application requirements.
A. Tier One submission. Applications that qualify for Tier One shall be subject to site
plan review pursuant to �330-122 and �330-183.
(1) Peer review may be required for all Tier One BESS facilities to ensure compliance
and provide additional technical expertise. The Planning Board may contract with
firms qualified to conduct BESS peer reviews; use a list of vendors established by the
Town Board, or may use a list provided by NYSERDA or other qualified entity.
(a) In addition to the fee schedule, the Planning Board may require an
applicant to pay an amount, to be held in escrow and ultimately disbursed, to
pay the costs incurred by the Town for all consulting services it may
reasonably seek to engage such as a peer review or other technical expertise.
Such amount deemed necessary for escrow shall be reasonably related to
costs attendant to the Town's review, and such amount shall be computed in
consultation with the applicant. Further, if such escrow payment is deemed
necessary, this fee shall be in addition to and exclusive of any fee(s) properly
assessed to the applicant in connection with the SEQRA process.
(b) The Planning Board shall have the authority to waive the requirement
for peer review if the application does not warrant additional technical
analysis, however the Planning Board must adopt a resolution stating the
reasoning for its findings.
(c) The Planning Board may amend the list of required studies found in
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Southampton Town Board - Letter Board Meeting of May 1, 2025
�330-430(B)(3)(c) to be conducted for the peer review report and require
further technical analysis as necessary.
B. Tier Two submission. In addition to all site plan requirements for Tier One and the
requirements listed in �330-426, an application for a Tier Two BESS facility, which is
subject to site plan and special exception application procedures shall also include:
(1) Site control. Applicant shall demonstrate site control depending on the
organization of involved parties with either:
(a) A sworn affidavit statement from the project applicant, developer and all
the property owners, demonstrating their consent to the application and the
use of the property for the battery energy storage system.
(b) Documentation that the applicant has obtained or is under a binding
contract to obtain, title or a leasehold interest in all properties comprising the
facility in addition to an Owner's Endorsement.
(2) Compliance with technical interconnection requirements if applicable.
(a) A copy of the interconnection application and any findin sq / reports
generated through the processing of the interconnection application.
(b) Interconnection agreement /contract or interconnect permission to
operate letter.
(c) Power Purchase Agreement.
(d) Coordinated Electric System Interconnect Review (CESIR).
(3) Peer review shall be required for all Tier Two BESS facilities to ensure compliance
and provide additional technical expertise. The Planning Board may contract with
firms qualified to conduct BESS peer reviews; use a list of vendors established by the
Town Board, or may use a list provided by NYSERDA or other qualified entity.
(a) In addition to the fee schedule, the Planning Board may require an
applicant to pay an amount, to be held in escrow and ultimately disbursed, to
pay the costs incurred by the Town for all consulting services it may
reasonably seek to engage such as a peer review or other technical expertise.
Such amount deemed necessary for escrow shall be reasonably related to
costs attendant to the Town's review, and such amount shall be computed in
consultation with the applicant. Further, if such escrow payment is deemed
necessary, this fee shall be in addition to and exclusive of any fee(s) properly
assessed to the applicant in connection with the SEQRA process.
(b) The Planning Board may amend the list of required studies to be
conducted for the peer review report and require further technical analysis as
necessary.
(c) The Peer review process shall result in a comprehensive assessment
report to fulfill the technical assistance requested by the Town on items
including but not limited to the following_
f it Compliance with all applicable safety, performance, and design
standards referenced in �123-39.3 C. (1).
f2l The suitability of the site including but not limited to an analysis of
neology, hydrology, groundwater, soil, threatened/ endangered
species, scenic resources, cultural/ historical resources, electrical cirid
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Southampton Town Board - Letter Board Meeting of May 1, 2025
hosting capacity, interconnection requirements, and man-made
/natural hazards.
f3l An examination of alternate sites. The peer review shall include an
inventory of approved and proposed BESS facilities, of which the
applicant is aware that are within one mile of the applicant's project
area irrespective of municipal and county jurisdictional boundaries.
Said submission shall include specific information about the location,
size and design of each BESS facility.
f4l Air dispersion modeling to determine the potential extent and
resulting effects of a deflagration event.
f5l Proximity to forested woodlands and, if within 500 feet, an
assessment of forest health conditions and the incidence of blight
associated with invasive species such as the Southern Pine Beetle or
other ecological conditions that would present a significant fire hazard.
(4) An environmental assessment form, Part 1, per �330-157, Environmental Quality
Review, of this Code.
(5) A one- or three-line electrical diagram detailing the BESS layout, associated
components, and electrical interconnection methods, with all National Electrical Code
compliant disconnects and over current devices.
(6) Augmentation plan (if applicable). A project description of the phases and
timeframes of development, accompanied by an annotated site plan with anticipated
augmentation phases depicting structures/ components.
(7) A preliminary equipment specification sheet that documents the proposed BESS
components, inverters, and associated electrical equipment that are to be installed.
(a) All proposed equipment shall be listed with their associated
certifications.
(b) Where appropriate, equipment shall have an accompanying root cause
analysis finding from the original equipment manufacturer or publically
available safety datasets specifying reported fire incidents involving any make
and/ or model of the proposed equipment.
(c) A final equipment specification sheet and final interconnect agreement
from LIPA or the local energy provider (or successor) shall be submitted prior
to final inspection and maintained on-site and filed with the Office of
Emergency Management and /or the Fire Marshal.
(8) Commissioning plan. Such plan shall document and verify that the system
and its associated controls and safety systems are in proper working condition per
requirements set forth in the Uniform Code, NFPA 855, and all applicable national
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Southampton Town Board - Letter Board Meeting of May 1, 2025
standards codes /testing methods. Where commissioning is required, BESS
commissioning shall be conducted by a qualified individual or firm identified during
the BESS peer review process or taken from a list provided by NYSERDA after the
installation is complete but prior to final inspection.
(a) A Certificate of Fitness Holder is required to be on site during activation
and is responsible for: maintaining proper signage; coordinating emergency
communications with local fire Departments; and notifying the Department as
well as the Town of any repairs taking place.
(b) A corrective action plan shall be developed for any open or continuing
issues that are allowed to be continued after commissioning.
(c) A post-construction appendix describing the results of the system
commissioning, the results of the initial acceptance testing required in the
Uniform Code, and including contact information for the final system
installer(s) shall be provided to the Planning Board prior to the
commencement of operations and maintained at an approved on-site location.
(9) Fire safety compliance plan (FRP). Such plan shall document and verify that
the system and its associated controls and safety systems are in compliance with the
Uniform Code, applicable Underwriters Lab testing, NFPA, updated 2024
International Code Council, the NYS Fire Safety Working Group July 2024 draft
recommendations and the draft March 2025 amendments to the 2024 NYS Uniform
Code.
Lal A description of all on-site equipment and systems to be provided to
prevent or handle fire emergencies.
LbI A description of all contingency_plans to be implemented in response to
the occurrence of a fire emergency, including evacuation control measures
and community notification measures.
Lcl The results of a toxic and flammable gas plume air dispersion analysis for
the anticipated BESS equipment in a severe fire emergency scenario to
assess potential impacts on surrounding communities.
to A commitment to conduct, or provide funding to conduct, site-specific
training drills with emergency responders before commencing operation,
and at least once per year while the facility is in operation, at the expense
of the project owner. Training shall be designed to familiarize the
associated fire district personnel with the project, hazards, procedures,
and current best practices.
Lel A commitment to review and update the FRP with the Office of Emergency
Management, and Chief Fire Marshal , and Suffolk County emergency
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Southampton Town Board - Letter Board Meeting of May 1, 2025
managers and /or designees, at least once every three years.
An analysis of whether plans to be implemented in response to a fire
emergency can be fulfilled by existing local emergency response capacity.
The analysis should include identification of any specific equipment or
training deficiencies in local emergency response capacity and
recommendations for measures to mitigate deficiencies.
Lcjj Other information as determined necessary by the Planning Board.
(10) Operation and maintenance (O&M) manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as well as design,
construction, installation, testing and commissioning information and shall meet all
requirements set forth in the Uniform Code, applicable Underwriters Lab testing,
NFPA 855. In addition, the O&M shall include the following:
(a) A battery management system shall be supported by a network
operations center (NOC) and/ or remote operations center (ROC) staffed by
personnel 24/7 who are trained and have a working knowledge of the site and
all BESS equipment therein.
(b) Externally mounted Ultraviolet/Infrared (UV/IR) cameras linked to a
24-hour alarm system are required for continuous real-time monitoring of site
conditions for all systems 600 kWh or greater.
(c) Data from the system shall be monitored 24/7 and saved for post
incident analysis. Data should include, but is not limited to high resolution
sensor information on temperature, voltage, state of charge for each cell or
series of cells.
(d) The NOC or ROC shall have the ability to immediately relay alarm
notifications to the emergency first responders, the fire mitigation personnel,
system owner, O&M personnel, and other relevant parties.
(11) A stormwater management plan shall be prepared and submitted pursuant to
&285-4E, "Applicability", �330-429A(9) "Protection of aquifer" and �330-429A(13)
"Drainage".
(12) Emergency operations /response plan. The plan will consist of a comprehensive
strategy for addressing potential emergencies 24 hours a day inclusive of severe
weather events, sabotage events, wildfires, and other reasonably foreseeable
hazardous conditions. A copy of the approved emergency operations/ response plan
shall be given to the system owner, the NOC/ ROC, designated Fire District, and the
Emergency Management Administrator. A permanent copy shall also be placed on-
site in an approved location to be accessible to facility fire miti__atepersonnel, fire
code officials, and other emergency responders. The emergency operations plan shall
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Southampton Town Board - Letter Board Meeting of May 1, 2025
include the following information:
(a) Contact information for fire mitigation personnel, who are available for
dispatch within 15 minutes of the mechanical and/ or manual activation of an
emergency alarm system and on-site within four hours.
(b) The applicant or designee, in coordination with the Fire Marshal and
/or Emergency Management Administrator, will present an industry funded
analysis of the manpower and equipment needs for an emergency response
to any thermal runaway or other emergency event.
f it Deficiencies in manpower shall be met with an inter-municipal
agreement for sharing of personnel.
f2l Deficiencies in specialized equipment for fire suppression shall be
identified and met by the owner and or developer of the BESS facility.
(c) The Emergency Operations / Response Plan shall additionally cover
site specific or geographic considerations, but shall not be limited to:
f it Facility organization.
f2l Emergency response approach, including the role of water and /or
other approved fire suppression techniques during the different phases
of a deflagration event or other potential emergency scenario. Said
assessment shall include an analysis of water pressure at the hydrant
and impacts associated with continuous use for extended periods of
time.
f3l Hazardous materials analysis including testing for polyfluoroalkyl/
perfluoroctane sulfonic acid substances (PFAS/PFOS).
f4l Emergency response specifics.
f5l Procedures for testing of wells, bodies of water within a specified
distance of the project site, based on the particulars of the application.
f6l Spill response including_procedures for dewatering on-site
retention wells.
f7l Vibration analysis and monitoring_program survey of existing
structures within 250 feet of a potential blast area.
f8l Procedures for air quality analysis.
f9l Routine schedule for emergency training and drills to be offered.
f 10] Incident investigation and root cause analysis.
(d) Procedures for safe shutdown, de-enerclizincl, or isolation of equipment
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Southampton Town Board - Letter Board Meeting of May 1, 2025
and systems under emergency conditions to reduce the risk of fire, electric
shock, and personal injuries, and for safe start-up following cessation of
emergency conditions.
(e) Procedures for inspection and testing of associated alarms, interlocks,
and controls. The Fire Marshal shall determine the cadence of periodic special
inspections and updates to the ERP, to be conducted by a specialized, third-
party expert who possess the necessary expertise in the BESS facility in
coordination with the network operations center.
(f) Procedures to be followed in response to notifications from the battery
energy storage management system, when provided, that could signify
potentially dangerous conditions, including shutting down equipment,
summoning service and repair personnel, and providing agreed upon
notification to Fire Department personnel for potentially hazardous conditions
in the event of a system failure.
(q) Emergency_procedures to be followed in case of fire, explosion, release
of liquids or vapors, damage to critical moving parts, or other potentially
dangerous conditions. Procedures can include sounding the alarm, notifying
the Fire Department, potential approach and departure routes for emergency
responders, evacuating personnel, de-enerclizincl equipment, and controlling
and extinguishing the fire.
(h) Response considerations similar to a safety data sheet (SDS) that will
address response safety concerns and extinguishment when an SDS is not
required.
(i) Procedures for removal of battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining contact
information for personnel qualified to safely remove any damaged battery
energy storage system equipment from the facility in accordance with all
applicable rules and regulations.
(j) Other procedures as determined necessary by the Planning Board to
provide for the safety of occupants, neighboring properties, and emergency
responders.
(k) Specific educational materials for training local first responders, such as
"hotsheets", on the plans and response procedures required.
(13) Decommissioning. All site plan applications shall include a decommissioning plan. The
decommissioning plan shall include the following_
(a) A narrative description of the activities to be accomplished, including who will
perform that activity and at what point in time, for complete physical removal of all
battery energy storage system components, structures, equipment, security barriers,
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Southampton Town Board - Letter Board Meeting of May 1, 2025
and transmission lines from the site.
(b) A Certificate of Fitness Holder is required to be on site during activation and is
responsible for: maintaining proper signage; coordinating emergency
communications with local fire Departments; and notifying the Department as well as
the Town of any repairs taking place
(c)Disposal of all solid and hazardous waste in accordance with local, state, and
federal waste disposal regulations.
(d) The anticipated life of the battery energy storage system.
(e) The estimated decommissioning costs and how said estimate was determined.
(f) The method of ensuring that funds will be available for decommissioning and
restoration shall be subject to Town Attorney review and approval.
(g) The method by which the decommissioning cost will be kept current.
(h) 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 limited to, structural elements, building
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.
(i) A listing_ of contingencies for removing an intact operational energy storage
system from service, and for removing an energy storage system from service that
has been damaged by a fire or other event.
(j) The owner and/or operator of the BESS shall implement said plan upon
abandonment and/or in conjunction with removal from the facility.
(k) Decommissioning fund. The owner and/or operator of the energy storage system
shall continuously maintain a fund payable to the Town of Southampton, in a form
and amount approved by the Town for the removal of the battery energy storage
system, for the period of the life of the facility. All costs of the financial security shall
be borne by the applicant.
(14) Fee.
(a) The fee schedule shall be established, and changed as needed, by resolution of
the Southampton Town Board. A copy of the fee schedule is on file with the Town
Clerk's office and the Department of Land Management.
(b) The Planning Board shall have the authority to waive or modify the fee pursuant
to �330-183(B.
330-431 Code compatibility standards.
A. This BESS code is adopted pursuant to provisions within the NYS Uniform Code, federal
law, and national standards, as may be amended from time to time.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
B. Peer review shall be required to demonstrate compliance with all applicable codes
identified in Town Code Section �123-39.3 prior to issuance of a building permit and the
estimated cost shall be collected in escrow for the plan review as per the procedures set
forth by the Town Planning & Development Administrator.
� 330-432 Penalties for offenses.
A. Violations. Where a violation of this article has been committed or shall exist, the owner
and the agent or contractor of the BESS facility where such violation has been committed or
shall exist, the lessee or tenant of the part of or of the entire BESS facility where such
violation has been committed or shall exist, and the agent, contractor, or any other person
who takes part or assists in such violation or who maintains any BESS facility in which any
such violation shall exist shall be _ uilty of a violation of this article.
B. Criminal penalties. A violation of this article is hereby declared to be an offense,
punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction of a second offense, both of
which were committed within a period of five years, punishable by a fine of not less than
$750 nor more than $1,500 or imprisonment for a period not to exceed six months, or both;
and, upon conviction for a third or subsequent offense, all of which were committed within a
period of five years, punishable by a fine of not less than $1,500 nor more than $2,500 or
imprisonment for a period not to exceed six months, or both. However, for the purpose of
conferring_jurisdiction upon courts and judicial officers in general, violations of this article
shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
C. Administrative and civil penalty.
(1) In addition to all administrative, civil, and other remedies available, where a
person has been found cluilty of a violation of this article after trial or a plea of cluilty,
and the Building Inspector determines that the violation continues to exist 30 days
after such conviction, the Building Inspector shall certify the violation in writingto o all
other local agencies responsible for the issuance of approvals and permits under this
article. A copy of the certification shall be mailed to the owner of the property as
listed on the most recent assessment roll on file in the Tax Assessor's office.
However, failure to notify the property owner shall not have any effect on the validity
of the certification.
(2) The certification shall include the location of the property by Suffolk County Tax
Map number, the name of the individual or entity convicted of the violation and his
or her relationship to the property and the nature of the violation.
(3) After receipt of the certification, no local board or agency shall accept, determine
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Southampton Town Board - Letter Board Meeting of May 1, 2025
to be complete or otherwise process a new application or issue any approval with
respect to a pending application under this article for the subject property.
(4) Until the violation identified in the certification has been removed or corrected or
the Building Inspector has determined that the illegality no longer exists by virtue of
a valid approval having been obtained to permit the structure or use that was
certified as a violation, any time periods contained in the Town Law or in this article
for action on an application shall be tolled for all purposes.
(5) After the violation has been removed or corrected or no longer exists by virtue of
a valid approval having been obtained to permit the structure or use that was
certified as a violation, the Building Inspector shall immediately rescind the
certification and notify all boards and agencies that received the certification, in
writing, that administrative review of applications on the property may be resumed.
(6) After the violation has been removed or corrected or no longer exists by virtue of
a valid approval having been obtained to permit the structure or use that was
certified as a violation, the Building Inspector shall immediately rescind the
certification and notify all boards and agencies that received the certification, in
writing, that administrative review of applications on the property may be resumed.
D. In addition to any other remedies provided by law, any appropriate action or proceeding,
whether by legal process or otherwise, may be instituted or taken to prevent unlawful
erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance
or use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct,
business or use in or about such premises.
�330-433 through 15 330-440. (Reserved)
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 27, 202S at 6:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW amending Town Code Chapter 330, Entitled, "Zoning" by adding
New Article XXXIII, entitled, "Battery Energy Storage Systems" and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;p_ .irk,C�.sir.u.tlh .irnptontowninyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law adds New Article XXXIII, entitled, "Battery Energy Storage Systems" to
Chapter 330, entitled 'Zoning".
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
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TOWN BOARD RESOLUTION 2025-616 Item#4.8
ADOPTED DOC ID:49618
Notice of Public Hearing Amending Southampton Town Code
Chapter 330, entitled, "Zoning", sub-section 330-76, entitled,
"Placement of accessory buildings, structures and uses in all
districts."
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW amending Southampton
Town Code Chapter 330, entitled "Zoning", subsection 330-76, entitled, " Placement of
accessory buildings, structures and uses in all districts." which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Town Code Chapter 330, entitled, "Zoning" subsection 330-76,
entitled, " Placement of accessory buildings, structures and uses in all districts." within the
Town of Southampton.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and amended §123-39.3 which regulates small scale BESS in the
Town Code. To allow for a transition to more renewable sources of energy generation and
to enhance the performance /reliability of the energy grid for residential and commercial
uses, Small scale BESS facilities will be permitted as accessory to residential and
nonresidential when the batteries are subject to §123-39.3 and thus less than 80 kWh in
exterior locations, or less than 40 kWh in interior locations. Bess facilities that exceed these
energy capacities, considered Tier One or Tier Two, will be subject to Article XXXIII and
further restrictions. With the proposed changes, §330-76 will establish protective setback
clearances and energy capacity limitations to ensure the health and safety of Southampton
residents and businesses.
SECTION 2. Amendment.
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Chapter 330, entitled "Zoning", sub-section 330-76, entitled "Placement of accessory
buildings, structures and uses in all districts." is hereby amended by adding all the words
with an underline and deleting all the words with a strike-through as follows:
§ 330-76 Placement of accessory buildings, structures and uses in all districts.
[Amended 5-13-1986 by L.L. No. 7-1986; 8-23-2005 by L.L. No. 44-2005]
A. Accessory buildings, including garages, if detached from a main building or if
connected only by an open breezeway-type structure, shall be not less than five feet
from the main building.
B. A private garage may be constructed as a structural part of a main building, provided
that when so constructed the garage walls shall be regarded as the walls of the main
building in applying the front, rear and side yard regulations of this chapter.
C. No accessory building, structure, or use shall be permitted on a lot or plot unless a
main or principal building already exists on said lot or plot and has a valid certificate
of occupancy or a valid building permit has been issued and is in effect for the
construction or erection of a main or principal building. This restriction shall not
apply to agricultural or farm buildings or structures.
[Amended 6-8-2010 by L.L. No. 17-2010; 7-13-2010 by L.L. No. 21-2010]
(1) However, where a property owner owns two or more contiguous conforming
residential lots in common ownership, at least one of which is improved with a
single-family dwelling, an accessory building or structure may be constructed
on any vacant conforming contiguous lot, provided that the applicant
demonstrates the existence of sufficient buildable area to construct a principal
structure on the lot upon which the accessory structure is to be constructed.
Should common ownership of the contiguous lots cease, the accessory
building or structure must be removed within six months or the owner of the
lot without a principal structure must obtain a building permit for a principal
building or structure within six months. For purposes of this provision only,
"common ownership" shall be deemed to refer to:
(a) Title to contiguous properties being held in the same name(s);
(b) Title to contiguous properties being held by a married or registered
domestic couple with any combination of one or both names on either
deed; or
(c) An individual or married or registered domestic couple holding title to one
or both of the contiguous properties in the name of one or more
corporations, limited-liability companies, trusts, family limited
partnerships, or any other similar beneficial entities.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
(2) Prior to the issuance of any permit for said accessory building or structure on
the conforming contiguous lot, the Building Inspector shall take into
consideration any applicable overlay district(s) on the parcel and its resultant
impact, including, but not limited to, clearing restrictions in the Aquifer
Protection Overlay District (APOD).
(3) The Building Department shall note, on the certificate of occupancy or
certificate of compliance issued for said accessory building or structure on the
conforming contiguous lot, that said building or structure is permitted
pursuant to Town Code § 330-76C and, thus, is subject to change upon
conveyance of either parcel.
D. Accessory buildings and structures, including private garages, shall not be placed
within a required front yard, a required side yard nor the total required side yard for
a principal building, except as allowed elsewhere in this chapter.
E. An access driveway may be located within a required yard.
F. Accessory off-street parking or truck loading areas shall be improved in accordance
with Town specifications.
G. Required accessory off-street parking areas or truck loading space shall not be
encroached upon by buildings, open storage or any other use.
H. The storage of manure or of odor- or dust-producing substances as an accessory use
shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of
any front lot line.
I. All accessory buildings, structures or land used for animal husbandry shall conform to
the provisions of § 330-79.
J. The keeping of more than two dogs more than six months old in outdoor shelters or
pens or the keeping of any horses or farm livestock on the premises shall conform to
the provisions of § 330-79, except in the case of a veterinarian, veterinary hospital
or kennel.
K. A wind energy conversion system may be constructed or erected in the applicable
zones as prescribed in the Tables of Use Regulations, provided that:
(1) Such wind energy conversion systems shall be set back from all property
lines, aboveground utility lines, radio or television towers or other wind
energy conversion systems a distance equal to or greater than the distance
from existing grade at the foot of the tower to the top of the sweep of the
blade or rotor system.
(2) No such system shall be located in a required yard.
(3) All guy guide wires and anchors shall be located at least 10 feet from any
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Southampton Town Board - Letter Board Meeting of May 1, 2025
property lines.
(4) No wind energy conversion system shall be constructed until a building permit
has been issued to the property owner by the Building Inspector. Each
application shall be accompanied by a complete plan drawn to scale showing
the location of the tower on site, existing grade elevation, location of all
structures, aboveground power lines or other utility lines within a radius equal
to the distance from existing grade at the foot of the tower to the top of the
sweep of the blade or rotor system and dimensions and sizes of the various
structural components of the tower's construction. Also submitted shall be a
detail design of the entire structure, including footings, tower, rotor or blade
system and any other component of the wind energy conversion system, with
computations submitted by a registered professional engineer licensed in the
State of New York certifying that the tower (including footings and rotor
system) is designed to comply with the wind load requirements of the New
York State Building Construction Code. It shall also be certified by said
engineer that the energy conversion system is designed so as not to exceed
the peak load requirements of the user(s) of the system.
(5) No climbing pegs shall be located closer than 12 feet to the ground level at
the base of the structure for freestanding single pole or guyed towers. A six-
foot-high fence with a locking portal shall be required to enclose lattice
towers.
(6) The minimum distance between the ground and any part of the rotor or blade
system shall be 15 feet.
(7) An automatic braking, governing or feathering system shall be required to
prevent uncontrolled rotation at wind speeds greater than 40 miles per hour.
(8) All power transmission lines from the tower to any building or other structure
shall be located underground.
(9) No television, radio or other communication antennas may be affixed or
otherwise made part of such wind energy conversion system.
(10) Wind energy conversion systems shall not cause interference with radio
and/or television broadcasting or reception and shall comply with the
provisions of 47 CFR 15 (Federal Communications Commission), as exists or
as may be amended.
(11) Evidence satisfactory to the Building Inspector shall be submitted that the
wind energy conversion system complies with the regulations of the Federal
Aviation Administration Part 77, Subchapter B, as exists or as may be
amended.
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(12) All necessary approvals of other agencies having jurisdiction over such
installation, including but not limited to a New York Board of Fire Underwriters
inspection certificate, shall be presented to the Building Inspector of the Town
of Southampton prior to the issuance of a building permit. In addition, the
owner of the premises on which said system is to be erected shall sign a
statement prepared by the Town acknowledging the provisions of § 330-
76K(16) of this article and agreeing that the issuance of a permit for the
construction of said wind energy conversion system is subject to such
provisions. No person other than the owner of the premises may sign such
statement.
[Amended 1-10-2006 by L.L. No. 2-2006]
(13) Property owners may construct a wind energy conversion system for their
use in common, but such a system may not be rented or leased to any other
corporation or individual and shall be for the sole use and benefit of the
owners of property which utilize such system or the tenants or lessees of such
property. The mechanical or electrical energy produced or generated by such
system may not be sold or otherwise made available to any individual or
corporation other than the owner, tenant or lessee of the subject properties,
or a public utility regulated by the Public Service Commission. If such wind
energy conversion system is to be used in common, all owners and users of
such system shall be made part of the application, and appropriate
underwriter certificates, etc., shall be submitted for all properties, buildings
and structures to be served by such system.
(14) A certificate of compliance indicating that the wind energy conversion
system has been built in conformance with the plans and specifications filed
with the Building Department shall have been issued prior to the operation of
the wind energy conversion system.
(15) No alterations, additions, modifications, substitutions or deletions shall be
made to such wind energy conversion system without approval of the same
pursuant to the provisions of this article.
(16) The Building Inspector and/or the Town Engineer shall have the right at any
reasonable time to enter, in the company of the owner or his agent, the
premises on which a wind energy conversion system has been constructed to
inspect all parts of said wind energy conversion system installation and
require that repairs or alterations be made if, in his judgment, there exists a
deficiency in the operation or in the structural stability of the system. If
necessary, the Building Inspector or Town Engineer may order the system
secured or otherwise cease its operation. It shall not be required that the
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Southampton Town Board - Letter Board Meeting of May 1, 2025
owner or his agent be present in the event of an emergency situation
involving danger to life, limb or property.
L. Solar energy systems. All such systems are permitted as an accessory use in all
zoning districts when the primary purpose is for producing electricity or thermal
energy for on-site consumption.
and § 330 162.21. [Added 9-27-2016 by L.L. No. 10-2016; amended 2-28-2023 by
L.L. No. 9-2023]
(1) Roof-mounted solar energy systems.
(a) All such systems are subject to the requirements of § 123-39.1.
(b) Height: shall not exceed the maximum height restrictions of the zoning
district within which they are located.
(c) Aesthetics. Roof-mounted solar energy system installations shall
incorporate the following design requirements:
[1] When feasible, solar energy equipment shall be installed inside
walls and attic spaces to reduce its visual impact. If solar energy
equipment is installed externally, then it shall be placed in the side
or rear yard of the subject building so as not to be visible from a
public right-of-way. If solar energy equipment is visible from a
public right-of-way, it shall match the color scheme of the
underlying structure or otherwise be screened/shielded to the
extent reasonable feasible without compromising the effectiveness
of the solar collectors.
[2] Panels facing the front yard shall be mounted at the same angle as
the roof's surface, with a maximum distance of six inches between
the roof and highest edge of the system.
[3] Building-mounted solar energy systems shall not extend
horizontally beyond any roof overhang.
[4] Solar panels installed as awnings or attached as shade elements
are permitted so long as the provisions of this and other applicable
requirements are met.
(2) Ground-mounted solar energy systems.
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Southampton Town Board - Letter Board Meeting of May 1, 2025
(a) Maximum height shall not exceed 15 feet.
(b) Shall adhere to the setback requirements pursuant to § 330-77G, as well
as transition yard requirements pursuant to § 330-83, as may be
applicable, but in no case shall be located closer than 10 feet to any
property line, unless screened/shielded so as not to be visible to adjoining
properties or public streets.
(c) All such systems shall be installed in the side or rear yards.
(3) Solar canopy.
(a) A solar canopy shall be designed and approved as per § 330-183.1 and
shall meet applicable drainage requirements of the Town Engineer.
(b)_Racking and/or mounting equipment shall be fit with a decorative veneer
so as to be attractive and representative of the upscale design aesthetic of
Southampton.
(c) Height. The minimum clear height to the lowest structural member of the
canopy shall be 14 feet as measured from finished grade. The maximum
height of the highest edge of the canopy and/or photovoltaic panels shall
be 21 feet as measured from the finished grade.
(d) The site plan shall demonstrate an interior circulation plan accommodating
all modes of vehicle transportation, including pedestrians and emergency
vehicles.
(e) Solar canopies constructed in flood hazard zones, shall comply with all
applicable FEMA standards.
M. Battery energy storage systems.
[Added 1-26-2021 by L.L. No. 3-2021]
(1) All battery energy storage systems and structure(s) that contain or are
otherwise associated with battery energy shall be designed, erected, and
installed in accordance with all applicable provisions of the New York State
Uniform Fire Prevention and Building Code, Energy Conservation Construction
Code and all applicable provisions within the Southampton Town Code
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Southampton Town Board - Letter Board Meeting of May 1, 2025
including_&123-39.3 and Article XXXIII.
(2) Battery energy storage systems with an aggregate capacity less than or equal
to 80 l(Wh the storage limitations listed in �123-39.3 A(2) shall be permitted
as accessory to residential and nonresidential uses, in attached or detached
garages, accessory buildings, along exterior walls, and outdoors and shall
meet applicable zoning setbacks and as well as transition yard requirements
pursuant to §330-83.
(3-}LajThe Chief Building Inspector shall determine the s+ze area limits of
any proposed accessory structure utilized for accessory storage for
battery energy storage systems. All BESS equipment located outdoors
shall be housed in permanent stationary cabinets or containers and
placed on a poured concrete pad that shall be specified in plans to the
satisfaction of the Building Inspector.
WfAhAII such systems are subject to accessory structure setbacks in the
district in which they are located, as well as all transition yard
requirements pursuant to §330-83, but in no case shall be located in a
required front yard or closer than 10 feet to any property line.
(b)AII such systengs shall be enclosed by a sox feet high fence with a s
locking gate to pFevent unautheFized access. Fencing shall congply with
(c)When placed cenningeFeial distFicts, all such systengs shall be scFeened
with eveFgFeen landscaping at a n9iningung of feuF feet On height.
(d)Maxongung height of any steFage centaineF shall not exceed 10 feet.
(f)AFeas within 10 feet on each side of batteFy eneFgy steFage systengs
shall be cleaFed of combustible vegetation and etheF combustible gFew
gFeen gFass, ivy, succulents, eF singilaF plants used as gFound ceveFs ng-a-Y
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Southampton Town Board - Letter Board Meeting of May 1, 2025
L31{5) All such systems are subject to the requirements of § 123-39.3.
{6- Applications for battery energy storage systems with an aggregate
capacity greater than h the storage limitations listed in �123-39.3 A
ahshall be tFeated as pFin9aFy use and is subject to the tiering system found
in �330-426 and principal or accessory use determination pursuant to §330-
427 C. and site plaR and the special exception standaFds set fE)Fth §
i G�-
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
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Southampton Town Board - Letter Board Meeting of May 1, 2025
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 27, 2025 at 6:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW amending Southampton Town Code Chapter 330, entitled, "Zoning",
sub-section 330-76, entitled " Placement of accessory buildings, structures and uses in all
districts" and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: townclerk@southamptontownnygov.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law amends Southampton Town Code section 330-76 as it relates to accessory
buildings, structures and uses in all districts relative to Battery Energy Storage and its new
requirements that any such storage comply with Southampton Town Code Section 123-
39.3, Town Code Article XXXIII and all existing state and local laws.
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
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Southampton Town Board - Letter Board Meeting of May 1, 2025
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
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TOWN BOARD RESOLUTION 2025-617 Item#4.9
ADOPTED DOC ID:49662
Notice of Public Hearing Amending Town Code Chapter 157,
entitled "Type I Actions" to add new subsection (8) as it relates
to Battery Energy Storage Systems with a capacity of 600kWH
up to a maximum of 5MW as Type I actions for purposes of
SEQRA
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW amending Southampton
Town Code Chapter 157, entitled "Type I Actions" by adding new subsection (8) regarding
Battery Energy Storage Systems from 600kWH up to a maximum of 5MW. which provides
as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Southampton Town Code Chapter 157, entitled "Type I Actions" by
adding new subsection (8) regarding Battery Energy Storage Systems from 600kWH up to a
maximum of 5MW.
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
This Code is intended as a companion to the changes for Battery Energy Storage Systems
within the Town Code of Article XXXIII. To incorporate environmental factors into the
comprehensive review of all Tier Two applications, the Town, by authority of Municipal
Home Law Rule and the State Environmental Quality Review Act, may include certain
actions to the list given in Section 4 of Part 617. With the proposed changes, Chapter 157
will ensure that a full EAF must be prepared and that a reasoned determination of
environmental impact based on a hard look of all available information will be adopted and
given the appropriate public notice for all Tier Two BESS projects.
SECTION 2. Amendment.
Chapter 157, entitled "Type I actions", is hereby amended by adding all the words with an
underline as follows:
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Southampton Town Board - Letter Board Meeting of May 1, 2025
§iS7-11 Type I actions. Amended 7-24-1990 by L.L. No. 21-1990; 10-23-2001 by L.L.
No. 41-2001; 12-12-2006 by L.L. No. 60-2006]
A. For purposes of this chapter, Type I actions include all those given in Section 4 of Part
617.
B. In addition, the following are deemed Type I actions:
(1) Motel and hotel complexes of 20 units or greater.
(2) New sand, gravel or beach mining operations.
(3) Parking facilities or other facilities with an associated parking area where the
total number of parking spaces, including both existing and proposed parking, is 50
spaces or greater.
(4) Subdivisions of residential land within the Agricultural Overlay District, except
Conservation Opportunities Subdivisions that do not exceed the thresholds of this
section.
(5) Within a critical area designated to protect cultural, historic, archaeological or
educationally important resources under § 157-10B, no Type I action or unlisted
action shall cause land to be cleared, regraded, filled, excavated or built upon until
an archaeological examination of the site area has been conducted and submitted to
the Planning Board for review. An application for a building permit for a one-family
dwelling within an approved subdivision plat which has undergone archaeological
examination is not a Type I action under this chapter.
(6) Motel conversions to residential condominiums or cooperatives pursuant to §
330-155I.
(7) Formal planned development district (PDD) applications pursuant to § 330-244C.
[Added 5-24-2011 by L.L. No. 18-2011]
(a) In reviewing Agricultural PDD applications, the Town Board shall consider
the Town of Southampton's Final Generic Environmental Impact Statement
(FGEIS) for Agricultural Opportunities Subdivision dated March 2001.
(b) Further SEQRA review shall be required if and when an applicant submits
a subdivision application for a parcel that has been zoned as an agricultural
PDD.
(8) Battery energy storage systems (BESS), Tier Two with an aggregate nameplate
A/C energy capacity in excess of 600 kWh up to a maximum of 5 MW.
SECTION 3. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, NYS Environmental
Conservation Law Section 617.4 as well as Municipal Home Rule Law §§10(1)(ii)(a)(11) and
(12), as well as §10(1)(ii)(d)(3).
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Southampton Town Board - Letter Board Meeting of May 1, 2025
SECTION 4. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION S. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 27, 202S at 6:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
Videoconference "A LOCAL LAW amending Southampton Town Code Chapter 157, entitled
"Type I Actions" by adding new subsection (8) regarding Battery Energy Storage Systems
600 kWH up to a maximum of 5MW, and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: townclerk@southamptontownnygov.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This local law amends Southampton Town Code Chapter 157 as it relates to designating
Battery Energy Storage Systems with a 600kWH capacity up to a maximum of 5MW as a
type I action for purposes of SEQRA review..
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Southampton Town Board - Letter Board Meeting of May 1, 2025
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
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Southampton Town Board - Letter Board Meeting of May 1, 2025
TOWN BOARD RESOLUTION 2025-618 Item#4.10
ADOPTED DOC ID:49664
Notice of Public Hearing Amending Town Code Chapter 330
section 330-10 as it relates to Residential Use Tables
BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be
held on May 27, 2025 at 6:00 pm, both in-person, at Southampton Town Hall, 116
Hampton Road, Southampton, New York, and via videoconferencing, to hear any and all
persons either for or against a local law entitled: "A LOCAL LAW amending Chapter 330
(Zoning) of the Town Code, Section §330-10, entitled Residential Districts Table of Use
Regulations, to change the designation of Battery Energy Storage Systems
(BESS) Small scale pursuant to §123-39.3 as "Permitted (P)" and Tier One
and Tier Two BESS, (greater than 80 kWh outdoor and 40 kWh indoor up to 5 MW)
pursuant to Article XXXIII as "Not Permitted (X)" use in the stipulated residential zoning
districts" which provides as follows:
LOCAL LAW NO. OF 2025
A LOCAL LAW amending Chapter 330 (Zoning) of the Town Code, Section §330-10, entitled
Residential Districts Table of Use Regulations, to change the designation of Battery
Energy Storage Systems (BESS) Small scale pursuant to §123-39.3 as
"Permitted (P)" and Tier One and Tier Two BESS, (greater than 80 kWh outdoor and
40 kWh indoor up to 5 MW) pursuant to Article XXXIII as "Not Permitted (X)" use in the
stipulated residential zoning districts" which provides as follows:
BE IT ENACTED by the Town Board of the Town of Southampton as follows:
SECTION 1. Legislative Intent.
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and updated § 123-39.3 which regulates BESS under 80 kWh up
to 5 MW in the Town Code. To allow for a transition to more renewable sources of energy
generation and to enhance the performance /reliability of the energy grid for residential
uses, Small scale BESS facilities will be permitted in all residential zones when the batteries
are subject to §123-39.3 and thus less than 80 kWh in exterior locations, or less than 40
kWh in interior locations. To protect the health and safety of the community and prevent a
dangerous BESS fire incident, Tier One and Tier Two BESS applications with an energy
storage capacity that exceeds 80 kWh in exterior locations, or 40 kWh in interior locations
will not be permitted in any residential districts.
SECTION 2. Amendment.
Chapter 330 (Zoning) of the Town Code, Section §330-10, entitled Residential Districts
Table of Use Regulations is hereby amended by adding the words with an underline and
deleting the words with a strikethrough as follows:
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Southampton Town Board - Letter Board Meeting of May 1, 2025
330-10 Table of Use Regulations: Part 1, C and D
P= Permitted use
SE= Special Exception Use
X= Prohibited use
ALL UNLISTED USES ARE PROHIBITED IN ALL DISTRICTS
Use CR-200 CR-120 CR-80 CR-60 CR-40 R-120 R-80 R-60
Classification Country Country Country Country Country Residen Residen Residen
Residen Residen Residen Residen Residen ce ce ce
ce ce ce ce ce
F. Accessory P P P P P P P P
Uses (16)BESS
less than of
equal to 6-GG
k41h,, Small
scale pursuant
to �123-39.3
SECTION 3. Amendment
Town Code §330-10 Residence Districts, Table of Use Regulations, F. "Accessory Uses" (17)
is hereby amended by inserting underlined words and deleting words and a letter with a
strikethrough as follows:
330-10 Table of Use Regulations: Part F "Accessory Uses", C and D
P= Permitted use
SE= Special Exception Use
X= Prohibited use
ALL UNLISTED USES ARE PROHIBITED IN ALL DISTRICTS
Use R-80 R-60 R-15 R-10 MF- MHS- SC-44 MFPR OSC
Classification Reside Reside Reside Residen 44 40 Senior D
nce nce nce ce Multi Mobile Citizen
- Home Housin
Fami Subdi g
ly vision
Resi Reside
denc nce
e
F. Accessory SEX S€X X X S€X X S€X X X
Uses
(17)BESS in
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Southampton Town Board - Letter Board Meeting of May 1, 2025
excess600
',`�, Tier
One and Tier
Two
pursuant to
Article
XXXIII.(33)
SECTION 4. Authority.
The proposed law is enacted pursuant to NYS Town Law Article XVI, as well as Municipal
Home Rule Law §§10(1)(ii)(a)(11) and (12), as well as §10(1)(ii)(d)(3).
SECTION S. Severability.
If any section or subsection, paragraph, clause, phrase or provision of this law shall be
adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part
thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 6. Effective Date.
This local law shall take effect upon filing with the Secretary of State pursuant to Municipal
Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Town Clerk shall forward a copy of this local law
to the Suffolk County Planning Commission, as well as the Southampton Town Planning
Board, for their review and recommendations;
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the
following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
TAKE NOTICE that the Town Board of the Town of Southampton hereby directs that a public
hearing shall be held on Tuesday, May 27, 202S at 6:00 p.m., both in-person, at
Southampton Town Hall, 116 Hampton Road, Southampton, New York, and via
videoconferencing, to hear any and all persons either for or against a proposed local law
entitled, "A LOCAL LAW amending Chapter 330 (Zoning) of the Town Code, Section §330-
10, entitled Residential Districts Table of Use Regulations, to change the designation
of Battery Energy Storage Systems (BESS) Small scale pursuant to §123-
39.3 as "Permitted (P)" and Tier One and Tier Two BESS, (greater than 80 kWh
outdoor and 40 kWh indoor up to 5 MW) pursuant to Article XXXIII as "Not Permitted (X)"
use in the stipulated residential zoning districts. and take
FURTHER NOTICE that, pursuant to Local Law No. 14 of 2022, the public will have an
opportunity to see and hear the meeting live both in-person as well as via
videoconferencing, and to provide comments in either format, with a transcript provided
upon request.
Generated 5/2/2025 Page 66
Southampton Town Board - Letter Board Meeting of May 1, 2025
If participating via videoconferencing, the public can watch the live meeting online from
either the Town of Southampton website on the Town Clerk's Meeting Portal or through the
Zoom App. If any interested members of the public would like to provide comments on the
public hearing, comments can be called in during the meeting via telephone or the Zoom
App. Comments can also be emailed up until one hour before the start of the meeting to
the Town Clerk at: to irn_c;.eirk,C�.sir.u.tlh .irnptontowninyoggy.
Please continue to check the Town Clerk's website and Meeting Portal as the hearing date
approaches for any updated information, including the specific meeting Zoom link, and/or
more detailed instructions on how to access the meeting virtually.
Summary of Proposed Law
This Code is intended as a companion to the introduction of Article XXXIII for Battery
Energy Storage Systems, and updated § 123-39.3 which regulates BESS under 80 kWh up
to 5MW in the Town Code. To allow for a transition to more renewable sources of energy
generation and to enhance the performance /reliability of the energy grid for residential
uses, Small scale BESS facilities will be permitted in all residential zones when the batteries
are subject to §123-39.3 and thus less than 80 kWh in exterior locations, or less than 40
kWh in interior locations. To protect the health and safety of the community and prevent a
dangerous BESS fire incident, Tier One and Tier Two BESS applications with an energy
storage capacity that exceeds 80 kWh in exterior locations, or 40 kWh in interior locations
will not be permitted in any residential districts.
Copies of the proposed local law, sponsored by the Town Board, are on file in the Town
Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHAMPTON, NEW YORK
SUNDY A. SCHERMEYER, TOWN CLERK
Financial Impact:
None
RESULT: ADOPTED [UNANIMOUS]
MOVER: Cynthia McNamara, Councilwoman
SECONDER: Michael A. Iasilli, Councilman
AYES: Moore, McNamara, Iasilli, Pell, Martel
Generated 5/2/2025 Page 67