[Added 6-21-2023 by L.L. No. 2-2023]
The purpose of this article is to protect the health, safety,
and welfare of the residents of the Town of Niagara and to maintain
the status quo as to certain solar and wind energy uses, as the present
zoning regulations of the Town of Niagara do not adequately address
this type of use. This moratorium will temporarily stop the processing
of applications for and the issuance of permits, certificates of occupancy,
and approvals for certain land uses related to solar and wind energy,
included but not limited to solar and wind farms. The moratorium is
for a period of six months, allowing the Town Board to analyze and
determine potential appropriate revisions and amendments to the Town
of Niagara Zoning Code concerning this use.
The Town of Niagara Town Board hereby finds that without a temporary
halt on the processing, permitting, and approval for certain solar
land uses there is a potential that such uses could be located in
unsuitable areas within the Town and/or on particular lots without
adequate dimensional regulations in place. The potential for the unsuitable
location of and lack of proper regulations for such uses would have
materially adverse impacts on the Town. The Town Board also finds
that time is required to perform the necessary analysis of the potential
types of solar and wind energy facilities that could be located in
the Town and where such uses should be located. By maintaining the
status quo regarding such uses, the Town Board can provide for the
planned orderly growth and development of the Town.
A.
For a period of six months following the effective date of this article,
no application may be processed, and no permits, certificates of occupancy,
approvals, variances, denials, determinations or interpretations may
be issued or granted for any land uses relating to solar and wind
energy, including but not limited to solar and wind farms.
B.
The phrase "land uses relating to solar and wind energy" shall be
broadly construed to include any facility designed to generate or
store electric power to be marketed, sold or used for other than the
power demands of the improvements on the property on which such facility
is located. Not included within the scope of this moratorium are solar
and wind energy facilities designed to generate electric power solely
for the use of the improvements located on the same property. The
term "solar and/or wind farm" shall mean a collection of solar panels
and/or wind turbines covering 1/4 acre or more of land that are designed
to capture sunlight and wind and transform them into electricity.
This definition includes freestanding and ground pole-mounted photovoltaic
and parabolic solar installations. This definition does not include
photovoltaic panels that are mounted on or affixed to residential
dwellings for their use or municipal buildings or existing panels
mounted on commercial or industrial buildings.
C.
This article shall be binding on the Town Board, Planning Board,
Zoning Board of Appeals, Building Inspector/Code Enforcement Officer,
all Town officials and employees, and any applicant or real property
owner in the Town desiring to apply for or receive a permit, certificate
of occupancy, or approval in the Town of Niagara.
D.
During the period of the moratorium, the Town Board shall endeavor
to complete all reasonable and necessary review, study, analysis and,
if warranted, revisions to the Town of Niagara Zoning Code. During
the period of the moratorium, no applications will be accepted nor
permits, certificates of occupancy or approvals issued which would
authorize development within the Town for land uses relating to solar
and wind energy as described above.
E.
This moratorium does not apply to any land uses relating to solar
energy that have received site plan approval from the Town Board prior
to the effective date of this article.
This moratorium shall be in effect for a period of six consecutive
months from its effective date. This term may be extended for a cumulative
period of up to an additional six months, if necessary, by resolutions
of the Town Board.[1]
[1]
Editor's Note: This moratorium, which became effective
upon its filing with the Secretary of State on 7-6-2023, was extended
for an additional six-month term pursuant to these provisions.
To the extent that any law, ordinance, rule or regulation, or
parts thereof, are in conflict with the provisions of this article,
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 procedure and requirements, this article
shall control and supersede such law, ordinance, rule, or regulation.
An application for a variance from the terms of this moratorium
may be submitted, with a $200 fee, to the Town Clerk. Notwithstanding
the provisions of Article 16 of the Town Law and the Zoning Code of
the Town of Niagara, such variance requests shall be considered by
the Town Board in accordance with the requirements for a use variance.
Should any provision of this article be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this article as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This article shall be effective upon its filing with the Secretary
of State in accordance with the Municipal Home Rule Law.
