[HISTORY: Adopted by the Town Board of the Town of Geneseo 7-15-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
The Town Board of the Town of Geneseo states the following as its findings of legislative intent:
A. 
This chapter is adopted pursuant to New York State Town Law §§ 261, 263 and 264, which authorize the Town of Geneseo to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.
B. 
This chapter 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 chapter 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 chapter:
BATTERY ENERGY STORAGE SYSTEM
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 12-volt car battery or an electric motor vehicle.
LARGE SCALE BATTERY ENERGY STORAGE SYSTEM INSTALLATION(S)
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.
NON-COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS
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 chapter, 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 § 106-50.6.) based on special application materials supplied by the Town Building and Code Department.
(1) 
All applications for noncommercial battery energy storage systems for 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 52[1]. 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.
(a) 
Any application under this section that requires site plan review shall meet substantive site plan requirements in § 106-52.7 that, in the judgment of the Town Planning Board, are applicable to the solar energy system being proposed.
[1]
Editor's Note: See now Ch. 106, Part 5, Article 52, Site Plan Review.
(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 Geneseo.
The placement, construction and major modification of any permitted battery energy storage system within the boundaries of the Town of Geneseo shall be permitted only as follows:
A. 
Any inconsistent provisions of the Code of the Town of Geneseo which purport to or may be interpreted to allow battery energy storage system (or similar technology as a permitted primary or accessory use) in other districts are hereby superseded by this law.
B. 
Any battery energy storage system existing on the effective date of this chapter shall be "grand fathered" 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 pre-existing systems shall comply with the requirements of this chapter.
C. 
All new permitted battery energy storage systems and all additions and modifications to any pre-existing 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 Geneseo.
D. 
Any applications (including variance applications) pending for battery energy storage systems on the effective date of this chapter shall be subject to the provisions of this chapter.
E. 
This chapter shall take precedence over any inconsistent provisions of the Zoning regulations contained within the Consolidated Zoning Law of the Town of Geneseo.
In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. This chapter is not intended to interfere with, abrogate or annul other rules, regulations or laws, provided that whenever the requirements of this chapter 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 chapter 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.