Livonia City Zoning Code
ARTICLE XVIII
Battery Energy Storage Systems
§ 150-175 Authority and legislative intent.
The Town Board of the Town of Livonia states the following as its findings and legislative intent:
A.
This article is adopted pursuant to New York State Town Law §§ 261, 263 and 264, which authorize the Town of Livonia to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.
B.
This article is a land use regulation and is intended and is hereby declared to address matters of local concern and not matters of statewide concern. This article is intended to act as and is hereby declared to exercise the permissive "incidental control" of a zoning law and land use law that is concerned with the broad area of land use planning and the physical use of land and property within the Town, including the physical externalities associated with certain land uses, such as potential negative impacts of such uses on a community.
§ 150-176 Definitions.
The following definitions shall apply to this article:
A rechargeable energy storage system consisting of one or more devices, including batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to provide electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle.
Any installation of a rechargeable battery energy storage system having an aggregate energy capacity of 600 kWh or more, consisting of electrochemical storage batteries or similar technology, battery chargers, controls, power conditioning systems, inverters, transformers, switchgears and associated electrical equipment designed to store electrical power received from a generating or transmission source and periodically discharging power from the battery energy storage system into the power grid.
A rechargeable battery energy storage system typically used to provide standby or emergency power and/or an uninterruptable power supply, load shedding, load sharing, or similar capabilities relating to the energy consumed by a residence, farm operation or other business on site and having an aggregate energy capacity of less than 600 kWh.
§ 150-177 Zoning districts where allowed.
Subject to the provisions of this article, battery energy storage systems shall be allowed as follows:
A.
Noncommercial battery energy storage systems are allowed as accessory uses in all zoning districts upon issuance of a zoning permit (pursuant to § 150-8B) based on special application materials supplied by the Town Building and Code Department.
(1)
All applications for noncommercial battery energy storage systems for a business or farm, to the extent that the same require modification to the existing site of such business or farm, shall be subject to site plan review pursuant to Article XIV. Applications for noncommercial battery energy storage systems for use on residential parcels may be subject to site plan review at the sole discretion of the Code Enforcement Officer.
(2)
Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county and local agencies having jurisdiction and approval powers related to the completion of a noncommercial battery energy storage system.
B.
Large-scale battery energy storage system installation shall not be permitted in any zoning district within the Town of Livonia.
§ 150-178 General regulations.
The placement, construction and major modification of any permitted battery energy storage system within the boundaries of the Town of Livonia shall be permitted only as follows:
A.
Any inconsistent provisions of the Code of the Town of Livonia which purport to or may be interpreted to allow battery energy storage systems (or similar technology as a permitted primary or accessory use) in other districts are hereby superseded.
B.
All battery energy storage systems existing on the effective date of this article shall be "grandfathered" and allowed to continue as they presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction other than routine maintenance on preexisting systems shall comply with the requirements of this article.
C.
All new permitted battery energy storage systems and all additions and modifications to any preexisting battery energy storage systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code, the NYS Energy Conservation Code and all local laws, codes, rules and regulations of the Town of Livonia.
D.
Any applications (including variance applications) pending for battery energy storage systems on the effective date of this article shall be subject to the provisions of this article.
E.
This article shall take precedence over any inconsistent provisions of the zoning regulations contained within the Zoning Ordinance of the Town of Livonia.
§ 150-179 Interpretation; conflict with other law.
In its interpretation and application, the provisions of this article shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. This article is not intended to interfere with, abrogate or annul other rules, regulations or laws, provided that whenever the requirements of this article are at a variance with the requirements of any other lawfully adopted regulations, rules or laws, the most restrictive, or those which impose the highest standards, shall govern.
§ 150-180 Severability.
If any section, subsection, phrase, sentence or other portion of this article is for any reason held invalid, void, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
§ 150-181 When effective.
This article shall take effect immediately upon filing with the Secretary of State of New York.