2012-12-05
crown of Poug Ii kg epsie
SU~~N J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
November 15th, 2012
OFFICE OF TOWN CLERK
PHONE: (845}485-3620
FAX: (845}485-8583
Dutchess County Dept. of Planning
Dutchess County Legislature
Town Planning Board
Town Zoning Board
Town Clerk, Town of Pleasant Valley
City Clerk, Poughkeepsie, New York
Town Clerk, Town of Lagrange
Town Clerk, Town of Hyde Park
Town Clerk, Town of Wappinger
Town Clerk, Village ofWappingers Falls
Town Clerk, Town of Marlborough
Town Clerk, Town of Lloyd
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law that the
Town Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, December 5th, 2012
at 7 :00 p.m. as and for the time, date and place of a public hearing to consider adoption of a disposition of
legislation entitled "Energy Facilities and systems moratorium" which will enact a temporary moratorium
on any installation of wind power or solar power facilities.
Please find copies of Resolution 11: 14- # 15 of 20 12 and also the Public Hearing notice for your review and
recommendation. .
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Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
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RESOLUTION 11:14 - # J.S" of 2012
Town of Poughkeepsie Town Board
Energy Facilities and Systems Moratorium
WHEREAS, the Town Board has received a communication from the Director of
Municipal Development recommending consideration of the adoption of a disposition of
legislation entitled "Energy Facilities and Systems Moratorium" which will enact a
temporary moratorium on any installation of wind power or solar power facilities; and
WHEREAS, a copy of the proposed disposition of legislation is attached hereto and
made part of this resolution and a verbatim reading of said amendment is hereby waived
and the Town Clerk is directed to spread the proposed amendment across the record as if it
had been read verbatim; and
WHEREAS, the action to adopt the disposition of legislation is a Type II Action
under the New York State Environmental Quality Review Act and its implementing
regulations, 6 NYCRR Part 617.5(30), ("SEQRA"), and requires no environmental review;
and
WHEREAS, adoption of the disposition of legislation requires a public hearing.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby sets a public hearing on the proposed amendment for
December 5, 2012 at 7:00 PM, or as soon thereafter as the matter may come to be
heard, in the Town Hall, One Overocker Road, Poughkeepsie, New York; and
2. The Town Board refers this matter to the Dutchess County Department of Planning
and Economic Development for a recommendation pursuant to GML 239-m; and
3. The Town Board directs the Town Clerk to notify the Town Clerks of each of the
surrounding municipalities ofthe public hearing pursuant to GML 239-nn; and
4. That said local law, if adopted, shall take effect immediately upon filing with the
Secretary of State.
Dated: ~~I{N )~I ~O~
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AYE
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Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
2
Local Law #_ 2012
Town of Poughkeepsie
Energy Facilities and Systems Moratorium
BE IT ENACTED BY, the Town Board of the Town of Poughkeepsie as follows:
Section 1. PURPOSE
Although the development of sustainable energy systems to capture wind and solar power for
residential and commercial use is desirable as a green energy alternative, the Town Board of the
Town of Poughkeepsie has determined that the placement and location of such facilities is of concern.
In particular, ground mounted solar arrays and roof mounted wind generating systems can have a
deleterious effect on the visual quality of residential and non-residential neighborhoods. Presently
the Town does not separately regulate where wind and solar power facilities may be located, instead
treating such facilities as accessory uses to an underlying principal use.
Ill-planned wind and solar power facilities may significantly reduce or impair the visual quality of
residential and non-residential areas, and can adversely affect open space lands as well. Decisive
measures are needed to protect the quality of the Town's neighborhoods, open space, and natural
resources while planning appropriately for wind and solar power facilities.
The Town's existing procedures and laws should have the practical effect of ensuring that new
development and redevelopment are in accordance with the Town's planning objectives. The
practical reality, however, is that wind and solar power generating facilities are not separately
regulated in a manner designed to protect the visual and scenic quality of the Town's residential and
non-residential areas. The Town Board therefore finds it necessary to impose a temporary
moratorium on the processing and granting of approvals and permits for the siting, and installation
of wind power and solar power generating facilities. This action is necesr;;ary in order to protect the
public health, safety and welfare of Town residents.
Section 2. AUTHORITY
This moratorium is enacted by the Town Board of the Town of Poughkeepsie pursuant to its
authority to adopt local laws under the New York State Constitution Article IX and Municipal Home
Rule Law S 10.
Section 3. ENACTMENT OF TEMPORARY MORATORIUM
For a period of eight (8) months following the effective date of this Local Law, after which date this
Local Law shall lapse and be without further force and effect, and subject to any other Local Law
adopted by the Town Board during the eight (8) month period:
1) The Town Board, the Planning Board, the Zoning Board of Appeals, and the Building
Department shall not accept for review, continue review, hold a hearing make any decision
or grant any approval or permit in regard to any application for the installation of solar or
wind energy equipment or solar or wind energy facilities, whether such application was
submitted prior to or after the effective date of this law. Any statutory and locally-enacted
time periods for processing and making decisions on such application or permit and all
aspects of approval are suspended and stayed while this Local Law is in effect;
Page 1 of 3
2) For the purpose of this Section, the terms Town Board, Planning Board, Zoning Board of
Appeals, and Building Department shall be interpreted to include all Departments,
employees, consultants, and representatives of the Town involved in the review of
applications as cited in preceding Paragraphs l.
3) For purposes of this Temporary Moratorium the following definitions shall apply:
a. "Solar or wind energy equipment". shall mean collectors, controls, energy storage
devices, heat pumps and pumps, heat exchangers, windmills, and other materials,
hardware or equipment necessary to the process by which solar radiation or wind is
(i) collected, Gi) converted into another form of energy such as thermal, electrical,
mechanical or chemical, (iii) stored, (iv) protected from unnecessary dissipation and
(v) distributed. The term shall not include pipes, controls, insulation or other
equipment which are part of the normal heating, cooling, or insulation system of a
building, or insulated glazing or insulation to the extent that such materials exceed
the energy efficiency standards required by law.
b. "Solar or wind energy facilities" shall mean an arrangement or combination of solar
or wind energy equipment designed to provide heating, cooling, hot water, or
mechanical, chemical, or electrical energy by the collection of solar or wind energy
and its conversion, storage, protection and distribution.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of the Town Law this Local Law supersedes, amends and takes
precedence over the Town Law pursuant to the Town's municipal home rule powers, pursuant to
Municipal Home Rule Law ~lO(1)(ii)(d)(3); ~lO(1)(ii)(a)(14) and ~22 to supersede any inconsistent
authority.
This Local Law supersedes any inconsistent provisions of Article 16 of the Town Law and chapters
68, 91, 154, and 210 of the Town of Poughkeepsie Code which require any board, agency, or
department of the Town to act upon, hold hearings on, and make decisions concerning approvals and
permits for the installation of solar or wind energy equipment or solar or wind energy facilities
within specified time periods. This Local Law suspends and stays the running of time periods for
processing, action upon, holding hearings on, making decisions and taking action on such
applications provided for in those laws.
This Local Law supersedes any inconsistent provisions of the Town Law ~~267, 267-a, 267-b and
267-c, and Chapter 210- of the Town of Poughkeepsie relating to the authority to grant variances,
waivers or other relief from the Town Zoning Code within specified time periods with respect to any
permit or approval for the installation of solar or wind energy equipment or solar or wind energy
facilities.
This Local Law supersedes any inconsistent provisions of the Town Law ~274-a and Article XIII of
Chapter 210 of the Town of Poughkeepsie Town Code which requires the Planning Board to process,
review, hold hearings on, and act upon applications for site plans or special use permits within
specified time periods with respect to any permit or approval for the installation of solar or wind
energy equipment or solar or wind energy facilities.
This Local Law supersedes any inconsistent provisions of Chapter 17-A of the Energy Law as such
law may require any board, agency, or department of the Town to act upon, hold hearings on, and
make decisions concerning approvals and permits within specified time periods with respect to any
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permit or approval for the installation of solar or wind energy equipment or solar or wind energy
facilities.
This Local Law suspends and stays the running of time periods for processing, reVlew, holding
hearings on, making decisions, and taking action on such applications provided for in those laws and
is intended to supersede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any provision
of this Local Law, in its legislative discretion, upon its determination, that such variance or
waiver is required to alleviate an unnecessary hardship affecting a parcel of property. To
grant such a request, the Town Board must find that a variance or waiver will not
adversely affect the purpose of the local law, the health, safety or welfare of the Town of
Poughkeepsie. The Town Board shall take into account the existing land use in the
immediate vicinity of the subject property and the impact of the variance or waiver on open
space and recreational areas, neighborhood and community character, and natural
resources of the Town. The application must comply with all other applicable provisions of
the Poughkeepsie Town Code.
b. Any application for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of two hundred :fifty ($250.00) dollars for the processing of such application,
along with copies of such plat or plan showing all required improvements in accordance
with the procedures of the Poughkeepsie Town Code.
c. All applications for a variance or waiver of this local law shall, within five (5) days of
receipt by the Town Board, be referred to the Planning Board. The Planning Board shall
have forty-five (45) days following receipt of the application to make a recommendation to
approve, modify or disapprove a variance or waiver of this Local Law. The failure of the
Planning Board to issue a recommendation within 45 days following receipt of the
application shall be deemed a recommendation to approve said application. The Planning
Board's recommendation shall be transmitted to the Town Board which may conduct a
public hearing and make a final decision on the application, with or without conditions.
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudicated by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as
a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
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LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 5th day of December, 2012 at 7:00 p.m. at the Town of Poughkeepsie,
Town Hall, One Overocker Road, Poughkeepsie, NY, as and for the time, date and place
of a public hearing to consider the adoption of a disposition of legislation entitled
"Energy Facilities and Systems Moratorium" which will enact a temporary moratorium
on any installation of wind power or solar power facilities,
AND ALSO PLEASE TAKE FURTHER NOTICE, that the said proposed local
law is available in full form at the Town Clerk's Office, One Overocker Road,
Poughkeepsie, NY, Monday thru Friday between the hours of 8:00 AM-4:00 PM
AND ALSO PLEASE TAKE FURTHER NOTICE, that said local law, if
adopted, shall take effect immediately upon filing with the Secretary of State.
Susan J. Miller, Town Clerk
Town ofPougbkeepsie
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November 15 ,2012