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 19 of 86

Read the whole document on one page (all 86 pages, each with its own heading)

M. A bond shall be put in place to ensure that in the event of a fire or other emergency situation, the developer and/or company using
a Tier 2 system shall provide for the cost of any required evacuations of residential properties as so determined by the Village or any
emergency first responder agency. Such costs shall include, but not be limited to, emergency housing/shelter and food.

§225-36-7 Permitting requirements for Tier 3 battery energy storage systems.

Tier 3 battery energy storage systems are not permitted in any zoning district in the Village of Orchard Park.

§225-36-8 Safety

A. System certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing
laboratory to UL 9540 (Standard for Battery Energy Storage Systems and Equipment) with subcomponents meeting each of the
following standards as applicable, as amended:
(1) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power, and Light Electric Rail Applications), as
amended.
(2) UL 1642 (Standard for Lithium Batteries), as amended.
(3) Other standards for other battery types, as revised.
(4) UL 1741 or UL 62109 (Inverters and Power Converters), as amended,
(5) Certified under the applicable electrical, building, NFPA, and fire prevention codes as required.
(6) Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations
and safety standards may be used to meet system certification requirements.
(7)  All systems shall comply with NFPA 855, as amended.
B. Site access maintenance. Battery energy storage systems shall be maintained in good working order and in accordance with
industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and
the Code Enforcement Officer.
C. Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances,
and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of
exposure in compliance with NFPA 70.

§225-36-9 Permit time frame and abandonment.

A. The special use permit and site plan approval for a battery energy storage system shall be valid for a period of 18 months,
provided that a building permit is issued for construction and/or construction is commenced. In the event construction is not