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§225-36-4 General Requirements
A. building permit, site plan review, a special use permit, and an electrical permit shall be required for installation of all battery
energy storage systems.
B. Issuance of permits and approvals by the Orchard Park Village Board and Planning Board shall include review pursuant to the
State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")].
C. All battery energy storage systems, all dedicated use buildings, and all other buildings or structures that 1) contain or are
otherwise associated with a battery energy storage system and 2) subject to the Uniform Code and/or the Energy Code shall be
designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the
Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the
Energy Code, and the Village Code.
D. Fees. Fees as set by the Village Board periodically by resolution must be paid at the time of submission of an application for site
plan approval, special use permit, a building permit, for an amended building permit, or for renewal of a building permit. The
applicant, for Tier 2 or 3 projects, shall be required to pay the costs of the engineers and attorneys or outside professional consultants
for time spent reviewing and analyzing the application.
E. The Village of Orchard Park Office and Emergency Management shall review all applications for battery energy storage systems
prior to submission to the Planning Board.
F. All setbacks shall be measured from BESS structures or equipment.
G. No Tier 2 BESS shall be located on property abutting any waterway nor shall same be located on property where an aquifer has
been designated.
§225-36-5 Permitting requirements for Tier 1 battery energy storage systems.
Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code, all other applicable codes
and the battery energy storage system permit and are exempt from site plan review.
§225-36-6 Permitting requirements for Tier 2 (2A and 2B) battery energy storage systems.
Tier 2A battery energy storage systems that are located within a structure shall be permitted in all M-1 and M-2 Zoning Districts,
subject to the Uniform Codey all other applicable codes the battery energy storage system permit, and an operating permit. Tier 2B
battery energy storage system that are located exterior of the primary building on site shall be permitted through the issuance of site
plan approval within all manufacturing zoning districts, provided same shall not be located within 500 feet of any residential zoning
districts (those districts where residential is allowed) and residential property lines (as measured from the residential property line to
the BESS structures/equipment) or located within 1,000 feet of any educational facility property line, or located within 11000 feet of
any nursing home/skilled nursing facility or hospital, or within 1 ,OOO feet of any waterway and shall be subject to the Uniform