HomeMy WebLinkAbout2021 - Local Law No. 1 of 2021 - Moratorium of Installations of Ground-Mounted Large Scale Energy Solar Systems1
TOWN OF CORTLANDVILLE
TOWN BOARD MEETING – APRIL 7, 2021
FILED WITH THE STATE EFFECTIVE APRIL 14, 2021
RESOLUTION #102 ADOPT LOCAL LAW NO. 1 OF 2021, “MORATORIUM OF
INSTALLATIONS OF GROUND-MOUNTED LARGE SCALE
ENERGY SOLAR SYSTEMS”
Motion by Supervisor Williams
Seconded by Councilman Cobb
VOTES: Supervisor Williams AYE
Councilman Cobb AYE
Councilman Guido AYE
Councilman Testa AYE
Councilman Withey AYE
ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville is committed to the encouragement of
alternative sources of renewable energy; and
WHEREAS, there has been a significant increase of interest by residents, landowners and others
in developing solar facilities/farms and similar installations in the Town; and
WHEREAS, Part II of the General Legislation of the Town of Cortlandville Code, Part 2, Article
1, Chapter 178-123.3 contain several adopted regulations and zoning measures which address solar
installations; and
WHEREAS, it is in the best interest of the residents of the Town to adopt modifications to the
existing regulations and zoning measures to address the location and technical issues related to
Ground-Mounted Large Scale Energy Solar Systems as defined in the above referenced section of
the Town of Cortlandville Code; and
WHEREAS, for purposes of this local law, any applications involving Ground-Mounted Large
Scale Energy Solar Systems include new projects or existing projects which apply for an
expansion; and
WHEREAS, a list of all Ground-Mounted Large Scale Energy Solar Systems currently in the Town
of Cortlandville is attached.
BE IT ENACTED by the Town Board of the Town of Cortlandville as follows:
1. MORATORIUM
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There is hereby established a moratorium on the review and approval of any and all
applications for the installation of Ground-Mounted Large Scale Energy Solar Systems in
the Town of Cortlandville.
A. This moratorium shall NOT apply to any and all Ground-Mounted Large Scale Energy
Solar Systems which have been approved in all respects by the Town Board, Planning
Board and/or Zoning Board of Appeals of the Town of Cortlandville.
B. This moratorium shall apply to all real property within the Town.
C. Pursuant to this moratorium, the Town Board, Planning Board and/or Zoning Board of
Appeals of the Town of Cortlandville shall NOT review any applications whatsoever
for any Ground-Mounted Large Scale Energy Solar Systems except as provided herein.
Any and all applications which have been filed with the Town that are currently under
review by the Town Board, Planning Board and/or Zoning Board of Appeals of the
Town of Cortlandville shall be tabled until this moratorium ends except as provided
herein.
D. Pursuant to this moratorium, the Code/Planning Enforcement Officer of the Town of
Cortlandville shall not issue Building Permits for any construction involving any
Ground-Mounted Large Scale Energy Solar Systems within the Town except as
provided herein.
E. Pursuant to this moratorium, no applications for variances, special use permits or other
approvals involving Ground-Mounted Large Scale Energy Solar Systems shall be
accepted or issued by the Town except as provided herein.
2. EXCEPTIONS
No part of the moratorium to be enacted by this local law shall apply to the following:
A. Any and all applications involving Ground-Mounted Large Scale Energy Solar
Systems which have been filed with the Town and have been approved in all respects
by the Town Board, Planning Board and/or Zoning Board of Appeals of the Town of
Cortlandville even if the said projects have not yet been issued a Building Permit by
the Code/Planning Enforcement Officer of the Town.
3. PENALTIES.
Any person, firm, entity or corporation which shall violate the provisions of this local
law, shall be subject to:
A. A penalty in the amount of a minimum of $100.00 and a maximum of $250.00 for
each day that such violation shall exist; and
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B. 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.
4. EFFECTIVE DATE
A. This moratorium shall expire on midnight of the date certain which is six (6) months
after this local law shall become effective or unless the Town Board of the Town of
Cortlandville adopts a resolution either extending it or ending it.
B. This Local Law shall become effective when filed with the Secretary of State as
required by law.