Ask what the battery would serve
Evans Article XV defines Type 1 utility storage by capacity and/or its grid-serving purpose. Type 2 commercial storage is over 80 through 600 kWh, serves the host property only and cannot sell excess electricity to the utility. Type 3 covers smaller systems.
Ask for a plain description of where electricity would go. Would the battery supply an existing business, send power to the grid or do something else? Request the proposed capacity, the named project company and its explanation of the local category. Have the Town confirm how the actual design is treated.
Do not compare a business battery proposal with a grid-storage land lease solely because the cabinets look similar. The owner’s role could be different. Are you being asked to buy equipment, give access to an electrical account, lease land or sell part of the property? Ask the company to identify each requested commitment.
If the proposal changes, revisit that explanation. A different size, purpose or connection arrangement may change the work, rights and public review involved. Keep the latest description with the drawing and agreement you are considering.
Reference: Town of Evans: battery energy storage chapter, Article XV
Compare the whole site with the land you want to retain
The published Type 1 section identifies General Industrial zoning and special-use review, a site maximum of 25 acres, 50% maximum lot coverage, 200-foot property-line setbacks and 300-foot public-road separation. These provisions are not parcel approval.
Ask for a drawing showing the property boundary, proposed project site, equipment, entrance and connection route. If you own a larger tract, ask what the company means by “site” and have the reviewing office confirm the interpretation. Do not assume either that a large property is excluded or that dividing a drawing resolves the question.
Mark the areas you need for buildings, farming, tenants, deliveries or future plans. Ask how the design would leave those uses accessible. Equipment space is only part of the request: an entrance, cable route, drainage work or restrictions around the installation could also affect retained land.
Ask who would prepare the survey and review the layout. You do not need to commission technical work before an initial inquiry. A rough boundary and an explanation of current uses can help the team identify the next questions.
Reference: Town of Evans: battery energy storage chapter, Article XV
| Area on the drawing | Question to resolve |
|---|---|
| Battery installation | Where would the equipment and fence sit? |
| Access route | Can existing uses continue safely? |
| Connection route | Which additional land rights are requested? |
| Retained property | What restrictions would remain outside the lease area? |
Read the owner authorization before signing it
The site-plan requirements call for property-owner signatures consenting to the application and property use. Before signing, ask what the authorization permits and which dated drawing accompanies it.
Does the document allow only a filing, or does it also authorize entry, testing, recording a document or acceptance of conditions? Have your adviser explain the wording. Ask who will receive notices and how you will see revised plans before they are submitted.
Identify everyone whose approval may be needed for the private agreement. Tell the team about co-owners, tenants, mortgages and existing easements. If the property is held by a company or trust, clarify who can sign on its behalf. A project representative should not guess at that authority.
Keep copies of signed permissions and submitted drawings. If the layout later needs another entrance or a wider cable route, compare it with the rights already granted. Ask for a clear explanation and an updated agreement where necessary before accepting more work or restrictions.
Reference: Town of Evans: battery energy storage chapter, Article XV
Want to ask about your land?
Send the location and what you know. You don’t need a project plan.
Tell us about your landPlan for a different project company or property owner
Section 200-84 addresses written assumption of permit obligations and ownership notices within 30 days; missed notice can void local approvals. Ask how the project team would handle a transfer.
Find out which company would owe your option payments, rent or purchase price. Is that the same company applying for permits? If the project is transferred, ask how you would learn about it and who would remain responsible for unpaid amounts, damage and restoration.
Discuss what happens if you sell your property during the agreement. Which documents would a buyer need? Who would arrange required notices, explain recorded rights and update contacts? Keep a practical handover checklist with your agreement rather than relying on someone to remember years later.
Ask how the new operator would take over maintenance, emergency contacts, insurance and removal funding. Public approval and the private land agreement are different documents. A transfer should account for both, including the evidence you receive that the required steps have been completed.
Reference: Town of Evans: battery energy storage chapter, Article XV
Match removal funding to the work promised to you
For Type 1 projects, Evans requires removal and restoration security, maintained through completion and adjusted for cost and ownership changes. Ask for the actual approved plan and security documents.
Walk through what would be left when operations end. Would the plan address cabinets, foundations, fencing, roads, buried lines and disturbed soil? Compare the proposed restoration with the use you want afterward. An owner returning land to cultivation may have different practical needs from an owner keeping an improved access road.
Ask who holds the funds, who can claim them and what happens if the operator disappears. Have your adviser compare the public security with the company’s promises to you. Do not assume that a security instrument payable to the Town gives you direct access to funds or covers every private obligation.
Keep removal costs, contact details and handover information current. If the equipment or footprint changes, ask whether the removal plan and funding change too. Include temporary study equipment in your private discussions, so an abandoned proposal does not leave unfinished work behind.
Reference: Town of Evans: battery energy storage chapter, Article XV
Start with your location and the kind of agreement you would consider
Send your name, email and phone number, then the property location in the Town of Evans, Erie County. Approximate acreage, a parcel reference and a brief description of current use are helpful if you know them; the extra property details are optional.
Tell Sunland whether you would consider leasing, selling or using only part of the property. Mention an existing offer, a requested owner signature or a proposed transfer if that is why you are reaching out. You can ask for an explanation before deciding whether to proceed.
The code directory listed no known uncodified laws when checked. Confirm current requirements with the Town for the actual parcel and proposal. A mailing address alone should not be used to choose the reviewing office.
An inquiry does not reserve land or authorize studies. Further work would need to establish current rules, land rights, electrical connection costs and commercial fit. We do not treat a zoning pathway as proof that a buyer is available or a project will be built.
Reference: Town of Evans: uncodified legislation directory · Town of Evans: Code Enforcement
Questions landowners ask
Is a battery beside a business automatically commercial storage?
No. Ask what it serves and how Evans classifies the proposed design; its location beside a business does not settle the category.
Does a zoning pathway guarantee an offer?
No. The actual parcel, connection work, project costs and commercial fit still need review.
Should I sign an owner authorization before seeing a drawing?
Ask for the dated drawing and an explanation of the permissions requested. Have your adviser review the actual authorization.
What should I ask when the project company changes?
Ask who takes over payments, land obligations, public approvals, insurance, emergency contacts and removal funding, and what proof you will receive.
Do I need a completed survey to contact Sunland?
No. Begin with contact details and the property location. Share acreage or a parcel reference if available.
Sources & further reading
Sources checked 2026-10-05. Local rules and program details can change. Check the requirements for the actual project.