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HomeMy WebLinkAboutResolution 2026-209 DENTS NONCARROW Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER L www•southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK . ' TOWN OF SOUTHOLD MAI 2026 SOUTHOLD TOWN PLANNM SOAR March 4, 2026 Re: Resolution 2026-209 "A Local Law in Relation to a twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities" Mr. James Rich, III, Chairman Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold, New York 11971 Dear Mr. Rich, III, The Southold Town Board at their regular meeting held on February 26, 2026 adopted the resolution referenced above. A Certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed Local Law and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing. The date and time for this public hearing is 6:00 P.M., Tuesday, April 21,2026 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Sabrina M. Born Deputy Town Clerk Enclosures DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK t so Box 1179 Southold,New York 11971 Fax REGISTRAR OF VITAL (631) 765-6145 Telephone(631) 765-1800 STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT wwwsoutholdtownny.gov OFFICER FREEDOM OF INFORMATION OFFICER 01411 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-209 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2026: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of February 2026, a Local Law entitled, "A Local Law in relation to a twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities"now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,New York, on the 21st day of April 2026 at 6:00 P.M. at which time all interested persons will be given an opportunity to be heard, RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, "A Local Law in relation to a twelve(12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities"reads as follows: LOCAL LAW NO. 2026 A Local Law entitled, "A Local Law in relation to a twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. PURPOSE - Moratorium Extension In furtherance of Local Law 2025-4, which extended the Battery Energy Storage System(BESS) moratorium, the Town Board acknowledges that BESS facilities are a key component to the viability and promotion of renewable energy sources. The Town Board acknowledges the 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. However, significant public health and safety concerns relative to the potentially volatile nature of lithium-ion batteries and battery storage operations remain. These public health and safety concerns include location of mega-watt scale facilities in close proximity to established residential areas. On February 6, 2024, Governor Hochul's Inter-Agency Fire Safety Working Group released recommendations for inclusion in the New York Fire Code. In July 2025, the Code Council adopted the Fire Safety Working Group's recommendations for the 2025 NYS Fire Code, which took effect January 1, 2026. 1. The Town Board finds that in order to review and comply with the newly effected Code, it will require extensive time and would not be resolved in the next months. The Town Board acknowledges and understands the need for clear and concise laws to successfully work toward a safe and effective Bess Code; 2. With the new State Fire Code in effect, the Town Board now must reconvene the Town of Southold BESS Task Force to review the new Code, make recommendations to the Town Board for adopting a BESS Code that complies and aligns with the NYS Fire Code; 3. Due to unforeseen circumstances which include discontinuing the work with the Zoning Code Consultants, and other matters, the ongoing comprehensive zoning update project being conducted by the Town is not near completion. The new Zoning Code is expected to be advertised for public comment in the next few months,which will require an extensive public comment time and may delay the adoption by additional months. The Town Board does not find it possible now to adopt a BESS code where the zoning update is still being forinulated. The BESS code is an integral part of the Zoning Code for the Town. The zoning update, in conjunction with the Town's Comprehensive Plan and other applicable town laws that will affect the BESS facilities, require guidance from the NYS Fire Code as well as the Towns Task Force. The timeline for the Zoning Update, due to circumstances beyond the Towns control, will be extended considerably. A one (1)year moratorium was enacted by the Town Board of the Town of Southold as Local Law 8-2023, on January 31, 2023,with an effective date of April 11, 2023. The one (1) year moratorium was further extended by the Town Board of the Town of Southold as Local Law 2024-6 with an effective date of April 3, 2024. Further extension was adopted by Local Law 2025-4 effective April 22, 2025 and the current moratorium is set to expire on April 22, 2026. The moratorium as originally enacted, extended, and still intended to provide sufficient time for the Town to undertake a thorough examination of these systems to identify any possible threats to public health, safety and welfare as well as evaluate the potential for environmental degradation. The Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character,public health, safety and welfare of the residents of the Town of Southold. II. ENACTMENT OF A TEMPORARY MORATORIUM Until twelve (12) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the twelve (12)month period, no agency,board, board officer or employee of the Town of Southold including,but not limited to,the Town Board, the Zoning Board of Appeals, the Trustees,the Planning Board, or the Building Inspector(s), issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception,variance, site plan, building permit, subdivision, or permit for any use identified as a Battery Energy Storage System(BESS) facility. III. EXCLUSIONS This Local Law shall not apply: 1) To any person or entity who/which has,prior to the effective date of this Local Law, obtained all permits required for such a facility and,relying upon such permission,has undertaken significant development of such facility. 2) To any application by a municipal corporation or special district or fire district W. AUTHORITY TO SUPERSEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law, this Local Law is intended,pursuant to Municipal Home Rule Law, to supersede any said inconsistent authority. V. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the proposed use from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code. VI. SEVERAEILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. VH. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. � 9 Denis Nonearrow Southold Town Clerk I.ESLJU17 Adopted MOVER:: Councilwoman Doherty SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess, Supervisor Krupski,Jr. NAYES: None