Read the battery storage moratorium, meeting starts at 7pm in the town hall
From the Town of Amity,
TOWN OF AMITY RESIDENTS: There will be a 2027 budget hearing on November 2, 2026, at 7:00 pm at the town hall. This is the same date and time for the proposed local law to impose a Moratorium on Large Battery Energy Storage Systems and a local law to Repeal and Replace the Local Law for Solar Energy System Regulation.
TOWN OF AMITY
Proposed Local Law No. 2 of the Year 2026
A Local Law to Impose a Moratorium on
Large Battery Energy Storage Systems
Be it enacted by the Town Board of the Town of Amity as follows:
Section Title.
This Local Law shall be known as the “Moratorium on Large Battery Energy Storage Systems.”
Section 20 Authority and Intent; Findings; Purpose.
ao Authority and Intent. This Local Law is intended to be consistent with and is adopted pursuant to the laws of the State of New York, including but not limited to the following authorities: New York State Constitution Article IX, N2(c)(ii)(10); Municipal Home Rule Law Sl 0; Statute of Local Governments S 10.
bo Findings of Fact. The Town Board makes the following Findings of Fact relating to this Local Law:
l . Amity is a community that takes great pride in and assigns great value to its rural residential character, small-town atmosphere, fine agricultural lands, Genesee River access, trails, and cultural, recreational, scenic and other natural resources.
- Preservation of the Town’s irreplaceable recreational and scenic sites, high-quality agricultural land, air quality and water quality, and priceless and unique character, is of significant value to the inhabitants of the Town and to the people who visit the Town.
- The Town’s rich natural environment is a valuable asset that creates a sense of identity and well-being for residents of the area. Preserving and protecting the scenic, recreational, other natural resources and aesthetics of the Town is important for both a healthy environment and vibrant economy.
- As renewable power sources like wind and solar provide a larger portion of New York’s electricity, energy storage systems will allow clean energy to be available when and where it is most needed and better use existing resources more efficiently and with fewer emissions. New York State has adopted policy and law to promote the installation of energy storage systems to be integrated into solar and wind energy projects and in critical locations within the electrical distribution and transmission grid.
- The Town supports the use of energy storage systems with appropriate regulations to promote and preserve the health, safety and welfare of the Town and its citizens.
- Large Battery Energy Storage Systems are battery energy storage systems that are usually integrated with Solar Energy System Facilities or connected directly into the electrical distribution or transmission grid.
- While battery energy storage systems are regulated by the New York State Uniform Fire Prevention and Building Code, the Town does not currently have regulations for the siting and installation of Large Battery Energy Storage Systems and the Town Planning Board has begun reviewing various possible regulations to address these uses.
- Allowing the activities prohibited by Section 4 (Moratorium and Prohibitions) of this Local Law without first obtaining more education and information may impair the existing character of the Town, because by their nature, such activities may have the potential to produce a combination of negative impacts upon the environment and people living in or in proximity to the communities in which they are located. Negative impacts suggested to be associated with those activities include, without limitation, noise, emergency response and fire fighting considerations, damage to roadways, damage to and loss of agricultural lands and soils, damage to and loss of open space, natural areas, and scenic views, decreased recreational opportunities, and loss of tourism.
During the effectiveness of this Local Law, the Town Board can study and draft revisions to the Existing Solar Energy System Facilities law and regulations for Large Battery Energy Storage Systems, and study the activities prohibited by Section 4 of this Local Law and determine whether to amend the Town Battery energy storage laws.
c. Purpose. The purpose of this Local Law is to enable the Town to stay any and all of the activities prohibited by Section 4 of this Local Law, and all Town-level approvals relating to those activities for a period of twelve (12) months in order to provide the Town time to study the impacts, effects, and to consider amendments to the Town ‘s Large Battery storage laws to appropriately address the same within the confines of New York State law. The Town Board believes that a twelve-month moratorium after the effective date of this Local Law, coupled with the mechanism for Land Use Permits After Appeal, as are available under Section 8.3 of the Town’s Land Use Law (Local Law No. I of 2017) , will achieve an appropriate balancing of interests between the need to safeguard the character and other resources of the Town and the health, safety and general welfare of its residents, and the rights of individual property owners or businesses desiring to conduct such activities during that period.
Section 30 Definitions.
For purposes of this Local Law, the following terms shall have the meanings set forth below: “Battery Energy Storage System” shall mean a rechargeable energy storage system consisting of batteries, battery chargers, controls, power conditioning systems and associated electrical equipment designed to provide electrical power to a building or to provide electrical grid-related services.
- “Large Battery Energy Storage System” shall mean Battery Energy Storage Systems having an aggregate energy capacity greater than 20 kilowatt-hours.
- “NYSDEC” shall mean the New York State Department of Environmental Conservation.
- “Town” shall mean the Town of Amity, Allegany County, New York.
Section 40 Moratorium ancl Prohibitiono
- For aperiod of twelve (12) months after the effective date of this Local Law, no application for a special permit, building permit, operating permit, site plan approval, subdivision plat approval, certificate of occupancy, certificate of compliance, temporary certificate, or other permit of any nature shall be accepted, processed, entertained, approved, approved conditionally, or issued by any board, employee, official or agent of the Town for the construction, establishment, or use or operation of any land, body of water, building, or other structure located within the Town for a Large Battery Energy Storage System.
- For a period of twelve (12) months after the effective date of this Local Law, no person or entity shall use, cause, or permit to be used, any land, body of water, building, or other structure located within the Town for a Large Battery Energy Storage System.
Section 50 Enforcement
ao Building Inspector. The provisions of this Local Law shall be administered and enforced by the Code Enforcement Officer and his or her Deputies. The Code Enforcement Officer and his or her Deputies are authorized to issue appearance tickets for violations of this law requiring appearance by the alleged violator in the Town of Amity Town Justice Court.
b. Criminal Penalties. Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this Local law or any written order of the Code Enforcement Officer or his or her Deputies directing compliance with this Local Law shall be guilty of an offense, and upon conviction thereof shall be subject to a fine of not more than one thousand dollars, or imprisonment for a period of not more than fifteen days, or both such fine and imprisonment for each offense. However, a person, firm or corporation convicted of a second or other repeated violation of this Local Law shall be guilty of a misdemeanor, and shall be subject to a fine of not more than two thousand dollars, or imprisonment for not more than six months, or both such fine and imprisonment for each offense.
co Civil Penalties, Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this local law or any written order of the Code Enforcement Officer or their Deputy directing compliance with this Local Law shall be deemed to have violated this Local Law, and shall be liable to pay the Town a civil penalty of up to one thousand dollars for each such violation. Such a civil penalty lilay be assessed in any action or proceeding brought by the Town to enforce the provisions of this local law.
Continuous Violations. Each day a violation or offense is continued or not corrected shall be deemed a separate violation or offense.
Injunction. Compliance with this Local Law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction, in an action brought on behalf of the Town.
Costs and Attorneys’ Fees. In the event the Town is required to take legal action to enforce this Local Law, the violator will be responsible for any and all necessary costs incurred by the Town relative to such action, including attorneys’ fees, and such amount shall be determined and assessed by the court. If such expense is not paid in full within 30 days from the date it is determined and assessed by the Court, such expense shall be charged to the property or properties within the Town on which the violation occurred, by including such expense in the next annual Town tax levy against such property, and such expense shall be a lien upon such property until paid.
Section 60 Superseding Intent and Effect.
This Local Law shall supersede any inconsistent provisions of any and all other local ordinances, laws or resolutions of the Town of Amity.
Section 70 Severability.
If any provision of this Local Law is determined to be unconstitutional or invalid, the validity and enforceability of the remainder shall not be affected.
Section 80 Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State.
