Public hearing on extending battery energy storage systems moratorium in Dunkirk.

Legal Notices 



TOWN OF DUNKIRK, TOWN BOARD

NOTICE OF PUBLIC HEARING

BESS Moratorium




PLEASE TAKE NOTICE, that the Town Board of the Town of Dunkirk, will hold a Public Hearing at the Town Hall, 4737 Willow Road, Dunkirk, New York 14048 on the 3 rd day of March, 2026 at 5:00 p.m. for the purpose of considering a proposed Local Law of the Town of Dunkirk for the year 2026 which would extend the existing 6 month moratorium, on the construction, maintenance, and placement of Battery Energy Storage Systems and equipment in the Town of Dunkirk.

The proposed Local Law is set forth below:

Town of DUNKIRK

Local Law No . 1 of the year 2026 .




A local law extending the Moratorium enacted by Local Law No. 1 of the year 2025, on Energy Storage Systems in the Town of Dunkirk, for an additional 6 months.




Be it enacted by the Town Board of the Town of DUNKIRK




Section One – Purpose: The Town Board of the Town of Dunkirk, exercising the authority granted to it under the Constitution of the State of New York, the Municipal Home Rule Law, and Town Law of the State of New York to protect the health, safety, and welfare of the residents, and property owners, of the Town of Dunkirk, does hereby desire to extend the moratorium enacted by Local Law No. 1 of the year 2025 on battery energy storage systems and equipment in the Town of Dunkirk for an additional period of six months, to enable to Town Board to study and potentially enact legislation with respect to same.




Section Two – Moratorium: A. During the effective period of this Local Law, neither the Town Board, the Planning Board, the Zoning Board of Appeals, nor the Building Inspector, Code Enforcement Officer/Zoning Officer, shall grant any approval or issue any permit that would result in the establishment, placement, construction, installation, or erection of any battery energy storage system within the Town of Dunkirk.

B. The Town Board of the Town of Dunkirk reserves the right to direct the Town Code Enforcement Officer, Building Inspector, and Zoning Officer, to revoke or rescind any building permit or certificate issued in violation of this Local Law.




C. No application for construction, establishment, placement or installation, or for approval of any site plan, subdivision, variance, or special use permit, or any other permit, shall be considered by any Board or Officer or Agency of the Town of Dunkirk while the moratorium imposed by this Local Law is in effect.




Section Three – Definitions: BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600 KWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600 KWh or are comprised of more than one storage battery technology in a room or enclosed area.

UPS: A UPS is a device or system that provides an immediate, seamless, emergency power to IT equipment such as servers, networks, and storage devices, when the primary utility power source is interrupted or unstable. UPS systems utilized in the Town of Dunkirk shall be treated in the same manner and be considered an equivalent of Battery Energy Storage Systems, and shall be regulated in the same manner.




A. Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600 KWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600 KWh or are comprised of more than one storage battery technology in a room or enclosed area.

Section Four - Term: This Local Law shall be in effect for a period of six months from the effective date of this Local Law.




Section Five – Penalties: Any person, firm, or corporation that shall be found to be in violation of this Local Law shall be subject to such penalties as may otherwise be provided for by the Zoning Code or Law of the Town of Dunkirk for violations thereunder; and the Town Board of the Town of Dunkirk reserves the right to apply for injunctive relief in favor of the Town to cease any and all such other actions which conflict with the intent of this Local Law, and if necessary, to remove any construction that may be violation of this Local Law.




Section Six – Validity: The invalidity of any specific provision of this Local Law shall not effect the validity of any other provision of this Local Law that can be given effect without such invalid provision.




Section Seven – Effective Date: This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

PLEASE TAKE FURTHER NOTICE, that the environmental significance of said proposed Local Law will be reviewed by the Town Board of the Town of Dunkirk as part of the Public Hearing.

Copies of the proposed Local Law are available for review at the Town Clerk's Office during regular business hours.

Date: February 18, 2026 Dunkirk, NY

By Order of the Town Board of the Town of Dunkirk

Rebecca Yacklon, Town Clerk



 Feb 24, 2026