Southtowns Record

Village Board minutes — June 22, 2026

Government
Village of Orchard Park
Board
Village Board
Meeting
Jun 22, 2026
Posted by publisher
Jun 30, 2026
Kind
Minutes
Topics
Energy and data center siting, Zoning and land use, Roads and traffic, Water, sewer and drainage, Parks and recreation, Public safety, Short-term rentals, Budget and taxes, Audits and oversight, Housing

Original document

Same meeting

Text · page 15 of 86

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Code and the site plan application requirements set forth in this section. Tier 2B battery energy storage systems associated with a
solar or wind energy project shall also only be allowed in conformance with the Village laws associated with these type projects
(only allowed in the zoning districts that allow a solar and/or wind project). Applications for the installation of a Tier 2B battery
energy storage system have the following requirements:
A. They shall be reviewed by the Code Enforcement Officer and the for completeness. An application shall be complete when it
addresses all matters listed in this article, including, but not necessarily limited to, i) compliance with all applicable provisions of
the Uniform Code and all applicable provisions of the Energy Code and ii) matters relating to the proposed battery energy storage
system and floodplain, utility lines and electrical circuitry, signage, fire safety, lighting, vegetation and tree-cutting, noise,
decommissioning, site plan and development special use and development, ownership changes, safety, and permit time frame and
abandonment. Any deficiencies in the application must be addressed prior to substantive review.
B. They shall be referred to the County Planning pursuant to General Municipal Law S 239-m, if required
C. They shall be referred to any fire company/district which would provide fire protection services for the property.
D. The Planning Board shall engage in site plan review on the application after the SEQR process is completed, which can include
approval, approval with conditions, or denial. A full EAF shall be submitted by the applicant.
E. Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new
interconnection equipment, including, without limitation, any poles, with new easements and right-of-way.
F. Signage.
(1) The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy
storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage
systems, and 24-hour emergency contact information, including reach-back phone number.
(2) As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
G. Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational
purposes and shall be reasonably shielded and downcast from abutting properties. In accordance with Village law, there shall be no
light spillage onto adjoining properties.
H. Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of
combustible vegetation and other combustible growth in accordance with all applicable codes. Single specimens of trees, shrubbery,
or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be
exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent
possible and shall only be done with prior Village approval.
l. Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary
equipment shall not exceed a noise level of 45 dBA as measured at the outside wall of any nonparticipating residence or occupied
community building. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The