HomeMy WebLinkAbout2022#2 Moritorium Commercial Solar Energy Systems New York State Department of State
Local Law Filing Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Instructions Albany, NY 12231-0001
www.dos.ny.gov
PLEASE OBSERVE THESE INSTRUCTIONS
FOR FILING LOCAL LAWS WITH THE SECRETARY OF STATE
1. Each local law shall be filed with the Secretary of State within 20 days after its final
adoption or approval as required by section 27 of the Municipal Home Rule Law. The cited
statute provides that a local law shall not become effective before it is filed in the office of the
Secretary of State.
2. Each local law to be filed with the Secretary of State shall be an original certified copy.
3. Each local law shall be filed on a form provided by the Department of State. If additional
pages are required, they must be the same size as the form. Typewritten copies of the text
may be attached to the form. Only legible copies will be accepted.
4. File only the number, title and text of the local law.
5. In the case of a local law amending a previously enacted local law, the text must be that of
the law as amended. Do not include any matter in brackets, with a line through it, italicized or
underscored to indicate the changes made. The printed number of the bill and explanatory
matter must be omitted.
6. For the purpose of filing a local law with the Department of State, number each local law
consecutively, beginning with the number one for the first local law filed in each calendar
year. The next number in sequence should be applied to each local law when it is submitted
for filing, regardless of its date of introduction or adoption. The date of filing of a local law is
the date on which the local law is placed on file by the Department.
It is suggested that municipalities use introductory identifying bill numbers for proposed local
laws. After the local law is enacted (and approved by the voters, if required), the local law
should then be numbered with the next consecutive local law number, as described above,
and then submitted to the Department for filing.
7. Each copy of a local law filed with the Secretary of State shall have affixed to it a
certification by the Clerk of the County legislative body or the City, Town or Village Clerk or
other officer designated by the local legislative body. Certification forms are provided
herewith.
8. A copy of each local law may be mailed or delivered to:
NYS Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231.
(DO NOT FILE THIS INSTRUCTION SHEET WITH THE LOCAL LAW.)
DOS-0239-f-I (Rev.04/14) Page 1 of 4
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, NY .dos.n .got
www.dos.ny.gov
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City ❑x Town ❑Village
(Select one.)
of Groton
Local Law No. 2 of the year 2022
A local law IMPOSING A SIX (6) MONTH MORATORIUM ON COMMERCIAL SOLAR ENERGY
(Insert Title)
SYSTEMS
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County [_]City ❑x Town ❑Village
(Select one.)
of Groton as follows:
Section 1. Title
This local law shall be referred to as the "Local Law Imposing a Six (6) Month Moratorium on Commercial Solar
Energy Systems in the Town of Groton."
Section 2. Authority and Intent.
Pursuant to the statutory powers vested in the Town Board of the Town of Groton (the "Town Board") by the New
York State Constitution and New York Municipal Home Rule Law§10, to regulate and control land use and to protect
the health, safety and welfare of its residents, the Town Board hereby declares a six (6) month moratorium on the
issuance of approvals and permits for Commercial Solar Energy Systems (as defined below)within the Town of
Groton.
Section 3. Legislative findings
The Town Board desires to review on a comprehensive, Town-wide basis the laws and zoning regulations currently
in place regulating land uses relating to Commercial Solar Energy Systems, including solar panels or solar
installations and to amend, if necessary, such laws and zoning regulations. The Town Board is concerned that
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-I (Rev.04/14) Page 2 of 4
LOCAL LAW NO. 2 OF 2022
TO PLACE A MORATORIUM ON
COMMERCIAL SOLAR ENERGY SYSTEMS
IN THE TOWN OF GROTON
Be it enacted by the Town Board of the Town of Groton as follows:
Section 1. Title
This local law shall be referred to as the"Local Law Imposing a Six(6)Month Moratorium
on Commercial Solar Energy Systems in the Town of Groton."
Section 2. Authority and Intent.
Pursuant to the statutory powers vested in the Town Board of the Town of Groton (the
"Town Board") by the New York State Constitution and New York Municipal Home Rule Law
§10, to regulate and control land use and to protect the health, safety and welfare of its residents,
the Town Board hereby declares a six (6) month moratorium on the issuance of approvals and
permits for Commercial Solar Energy Systems (as defined below)within the Town of Groton.
Section 3. Legislative findings
The Town Board desires to review on a comprehensive, Town-wide basis the laws and
zoning regulations currently in place regulating land uses relating to Commercial Solar Energy
Systems, including solar panels or solar installations and to amend, if necessary, such laws and
zoning regulations. The Town Board is concerned that approval of Commercial Solar Energy
Systems under the Town's existing laws may not support the best uses for the agricultural lands
within the Town of Groton and that such uses could be located in unsuitable areas within the
Town and/or on particular lots without adequate dimensional regulations in place.
The purpose of this local law is to temporarily prohibit the processing and approval of
any application for a permit to construct and/or install Commercial Solar Energy Systems in the
Town of Groton until the Town Board can analyze and enact legislation to carefully integrate
Commercial Solar Energy Systems within the Town's existing pattern of predominately
agricultural and residential land use. By enacting this moratorium,the Town Board can evaluate
standards for Commercial Solar Energy Systems in an orderly manner,that will allow for
continued economic development,while remaining protective of property rights and existing
community character.
Section 4. Definitions
"Commercial Solar Energy Systems" shall be broadly construed to mean any installation
of solar panels,equipment and/or buildings or structures constructed with an intention of generating
power from the sun and converting such power into electricity for resale to or by a third party.
Not included within the scope of this mmoratorium are(1) large scale solar energy
projects that are subject to the siting and permitting authority of the New York State Office of
Renewable Energy Siting under the New York Executive Law § 94-c process and (2) any solar
panel collection system or array constructed by individual landowners,homeowners or farmers for
their own personal use, or the use of a business owned by them.
Section 5. Moratorium Imposed
For a period of six (6) months after the effective date hereof, neither the Town Board, the
Planning Board of the Town of Groton, the Zoning Board of Appeals of the Town of Groton, nor
the Code Enforcement Officer shall grant any approval or issue any permit that would result in the
establishment,placement,construction, installation, enlargement or erection of Commercial Solar
Energy Systems in the Town of Groton, and no such application, pending or otherwise, shall be
either deemed complete or processed for a hearing before any agency or board.
This moratorium shall apply to all zoning districts and all real property within the Town of
Groton.
Section 6. Variance
Any property owner affected by this moratorium may apply to the Zoning Board of
Appeals and make use of the existing variance procedures under the zoning laws and regulations
of the Town of Groton to seek relief from the restrictions of this local law.
Section 7. Supersession
All local laws, ordinances,resolutions, and other enactments of the Town of Groton in
conflict with the provision of this local law are hereby superseded to the extent necessary to give
the terms of this local law Ul force and effect. To the extent that any law, ordinance, rule, or
regulation, or parts thereof,are in conflict with the provisions of this local law, including all
provisions of Article 16 of the New York State Town Law concerning special use permit, site
plan, building permit, and certificate of occupancy procedures and requirements,this local law
shall control and supersede such law, ordinance, rule or regulation.
Section 8. Term
The moratorium imposed by this local law shall take effect immediately when it is filed in
the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal
Home Rule Law and shall last until the first to occur of: (1) the repeal of this local law; (2) the
enactment of a local law by the Town Board regulating Commercial Solar Energy Systems; or(3)
the date six(6)months from the effective date.
The Town Board may,by resolution, extend the duration of the moratorium for a period of
an additional six(6)months if necessary.
Section 9. Penalties for Offenses
Any person who shall violate any provision of this local law, shall be guilty of:
1. A violation and subject to a fine of not exceeding $1,000 per offense; and
2. Injunctive relief in favor of the Town to cease any and all such actions which conflict
with this local law and, if necessary, to remove any construction or improvements which
may have been built in violation of this local law.
Each week's violation shall constitute a separate offense. It shall be the duty of the Code
Enforcement Officer to enforce the provisions of this local law.
Section 10. Severability
If any portion, subsection, sentence, clause, or phrase of this local law is for any reason
held invalid or unconstitutional by any court, such portion, subsection, sentence,clause, or phrase
shall be deemed a separate, distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion of this local law.
Section 11. Effective Date
This local law shall take effect immediately upon its filing with the Office of the New York
State Secretary of State in accordance with the New York Municipal Home Rule Law and shall
remain in force and effect for a period of six(6)months from the date of such filing.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 2022 of
the (County)(City)(Town)(Village) of Groton was duly passed by the
Groton Town Board on November 15 2022 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-I (Rev.04/14) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph , above.
Clerk of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
(Seal) Date:
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