HomeMy WebLinkAbout2017 #3 MoratoriumProposed Local Law #3 for the Year 2017
Moratorium for the Establishment of Commercial Energy Facilities in the Town of Groton for a
Period of One Hundred Eighty (180) Days
Section I . Title.
This Local Law shall be referred to as the "Moratorium for the Establishment of Commercial Energy
Facilities in the Town of Groton for a Period of One Hundred Eighty (180) Days."
Section 2. Purpose.
Pursuant to the statutory powers vested in the Town of Groton to regulate and control land-use, and to
protect the health, safety and welfare of its residents, the Town Board hereby declares a 180 day
moratorium on the establishment, placement, construction, enlargement and erection of commercial
energy facilities in the Town of Groton.
For the purpose of this local law, the term “commercial energy facility” shall mean electricity generated
from any energy source and is being produced for anything other than one single family home or one
agricultural use.
The Town of Groton presently has no regulations that govern commercial energy facilities. However, the
Town anticipates the receipt of applications for the construction of these facilities, particularly solar
arrays. Due to the rapidly evolving technology, the current push for “green energy”, and the rural
location of the Town of Groton it is anticipated that the requests to construct solar arrays as well as other
types of commercial energy facilities will increase over time.
The Town Board desires to study and address the establishment, placement, construction, enlargement
and erection of solar arrays and other types of commercial energy in a comprehensive manner, taking into
account the present and proposed land-use development in the Town and to amend its present Land Use
and Development Code to adequately address these concerns and to regulate said use.
Section 3. Scope of Controls.
A. During the effective period of this local law:
1. The Town Board shall not grant any approvals for the establishment, placement, construction,
enlargement and the erection of a commercial energy facility by zone change or otherwise.
2. The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat,
site plan, land use permit or any other approval which would result in the establishment,
placement, construction, enlargement or erection of a commercial energy facility.
3. The Town Zoning Board of Appeals shall not grant any variance for any use which would
result in the establishment, placement, construction, enlargement or erection of a commercial
energy facility
4. The Town Code Enforcement Officer will not issue any permit which would result in the
establishment, placement, construction, enlargement or erection of a commercial energy
facility.
B. The Town Board reserves the right to direct the Town Code Enforcement Officer to revoke or rescind
any Building Permits or Certificates of Occupancy issued in violation of this Local Law.
Section 4. No consideration of new applications.
No applications for construction affected by this Local Law or for approvals for site plan, subdivision,
variance or any other such permits shall be considered by any board or agency of the Town of Groton
while this Local Law is in effect.
Section 5. Term
This Local Law shall be in effect for a period of 180 days from its effective date.
Section 6. Penalties
Any person, firm or corporation that shall establish, place, construct, enlarge or erect any commercial
energy facility in violation of the provisions of this Local Law or shall otherwise violate any of the
provisions of this Local Law shall he subject to:
1. Such penalties as may otherwise be provided by law, rule or regulation of the Town of Groton
for violations; and
2. Injunctive relief in favor of the Town of Groton to cease any and all such actions which conflict
with this Local Law and, if necessary, to remove any construction which may have taken place
in violation of this Local Law.
Section 7. Validity
The invalidity of any provision of this Local Law shall not affect the validity of any other
provision of this Local Law which can be given effect without such invalid provisions.
Section 8. Effective Date
This Local Law shall take effect immediately upon filing with the New York Secretary of State