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Also attached to this agenda item: Croton-on-Hudson Conservation Advisory... DRAFT 1 - Local Law Introductory No. 22 of 2023 DRAFT 2 - Local Law Introductory No. 22 of 2023... December 20th Resolution 270-2023 LL Intro 22 of 2023... EAF I Solar Full EAF - Part 1 January 24th Resolution 11-2024 LL Intro 22 of 2023... Local Law Solar CAF Memo to Village Board from Planning Board - Local Law 22-2023 Model-Battery-Energy-Storage-Systems-Law Updated Memo from WAC to VB Local Law 22

Pursuant to Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code George Latimer County Executive 432 Michaelian Office Building 148 Martine Avenue White Plains, New York 10601 Telephone: (914) 995-4400 Website: westchestergov.com February 7, 2024 Paula DiSanto, Village Clerk Village of Croton-on-Hudson One Van Wyck Street Croton-on-Hudson, New York 10520-2501 County Planning Board Referral File CRO 24-001B – Battery Energy Storage Systems Zoning Text Amendment Dear Ms. DiSanto: The Westchester County Planning Board has received a revised local law to amend the text of the Croton- on-Hudson Zoning Ordinance to establish regulations regarding the construction of Battery Energy Storage Systems (BESS). Two tiers of BESS systems would be established. Tier One would include installations of 600 kWh and lower, and would not require site plan approval. Tier Two would include larger installations and would require Special Use and Site Plan review, and would only be permitted within the RA-40, RA-60, C-2 and LI zones. The updated proposal also includes revisions to the solar energy system portion of the Code, including canopy-mounted systems over parking lots as a Tier 1 solar system, regulating Tier 3 systems to under one acre, and creating a new Tier 4 for systems larger than one acre. We previously reviewed this matter under the provisions of Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code and responded with a letter dated January 8, 2024. We thank the Village for providing this clarification of the proposed law, and continue to commend the Village for considering the adoption of regulations permitting and guiding the development of BESS installations and solar energy systems. Please inform us of the Village’s decision so that we can make it a part of the record. Thank you for calling this matter to our attention. By: Blanca P. Lopez Commissioner BPL/MV