GENERAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND MERANTE:
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GENERAL ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON BATTERY ENERGY STORAGE SYSTEMS WITHIN THE CITY OF YONKERS PENDING APPROPRIATE REVIEW
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The City Council of the City of Yonkers does hereby ordain and enact as follows:
Section 1. Background, Purpose, Intent, and Findings
General Ordinance 08-2024, which was adopted by the City Council of the City of Yonkers (the “City Council”) on July 16, 2024, established a temporary moratorium on battery energy storage systems (“BESS”) within the City of Yonkers (the “City”) pending appropriate review. As described more fully in General Ordinance 08-2024, the temporary moratorium was established for the purpose of providing the City sufficient time to adequately study BESS, which have myriad associated impacts including fire, chemical release, standard energy hazards, and noise, and prepare appropriate regulations concerning BESS within the City. General Ordinance 08-2024 established the temporary moratorium for a period of 180 days and authorized the extension of the temporary moratorium for an additional 180 days if deemed by the City Council to be necessary to carry out the stated purpose of the ordinance.
General Ordinance 01-2025, which was adopted by the City Council on January 14, 2025, extended the temporary moratorium on BESS established by General Ordinance 08-2024 for an additional 180 days for the purpose of carrying out the objectives and purpose set forth in General Ordinance 08-2024.
During the pendency of the temporary moratorium, in furtherance of the stated objectives and purpose of General Ordinance 08-2024, the City issued a request for proposals for a consultant to assist the City with studying and preparing appropriate regulations concerning BESS (the “Work”) and selected and retained a consultant to perform this Work. The City is actively working with the consultant to carry out the Work, however the Work is ongoing and requires additional time to be completed. BESS are a relatively new technology, pose potentially significant impacts their surroundings, and the City is composed of a diverse array of land uses. For these, and many additional reasons, the Work requires significant time and effort.
Section 2. Moratorium Extension
The City Council hereby extends the temporary moratorium established by General Ordinance 08-2024, as extended by General Ordinance 01-2025, through October 31, 2025 for the purpose of carrying out the objectives and purpose set forth in General Ordinance 08-2024.
Except as expressly modified or amended herein, all terms and conditions set forth in General Ordinance 08-2024 and General Ordinance 01-2025 shall remain in full force and effect. Should any of the terms or conditions of General Ordinance 08-2024, General Ordinance 01-2025, or this General Ordinance potentially conflict, conflict, or be inconsistent, the most recent General Ordinance shall govern over all prior.
Section 3. New York State Environmental Quality Review Act
The extension of the temporary moratorium established by General Ordinance 08-2024 is classified as a Type II action under the New York State Environmental Quality Review Act and its implementing regulations. Type II actions are determined to not have a significant adverse effect on the environment and therefore do not require further environment review.
Section 4. Severability
If any section, subsection, clause, phrase or other portion of this ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, the portion of the ordinance declared to be invalid will be deemed a separate, distinct, and independent portion and the declaration will not affect the validity of the remaining portions hereof, which will continue in full force and effect.
Section 5. Effective Date and Term
This general ordinance shall take effect immediately and shall continue through October 31, 2025.