[Added 10-21-2021 by L.L. No. 1-2021]
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.
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.
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.
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.
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.
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.
This article shall take effect immediately upon filing with
the Secretary of State of New York.
