Harrison Town City Zoning Code

Authority. This moratorium is adopted pursuant to: the New York State Constitution, Article IX, § 2(c)(6) and (10); the New York Statute of Local Governments, Article 2, § 10, Subdivisions I and 7; Town Law §§ 261 through 263; and New York State Municipal Home Rule Law § 10. In particular, this article shall supersede those provisions of the Town Code and New York State Law which require the Town Board, Planning Board, and/or Zoning Board of Appeals to accept, process, and/or approve applications for the development of Battery Energy Storage Systems ("BESS") within specified statutory time periods.

Legislative intent. This section is adopted to impose a six-month moratorium on the acceptance and review of applications and the issuance of permits and/or approvals for Battery Energy Storage Systems. The Town of Harrison recognizes that BESS are a key component to the viability and promotion of renewable energy sources. However, since the technology of these systems is still in its infancy, there is a significant amount of recent public concern about the potentially volatile nature of lithium-ion batteries. Therefore, the Town Board, Planning Board, and Zoning Board of Appeals need additional information and assurances about the safety of these types of facilities, including, but not limited to, best practices for fire suppression and emergency response, ensuring the technology and availability of equipment necessary for the Town's local fire departments, police department and EMS services should a fire occur, precautions to take related to gas emissions and deterring any necessary fire suppression chemicals from impacting groundwater, and the adequacy of location and other standards for siting these facilities. Given these concerns and the current lack of relevant data and information on this issue, it is necessary for the Town Board to enact a six-month moratorium on the acceptance and review of applications and the issuance of permits and/or approvals for BESS while these issues are further considered and the Code is adequately revised to address any outstanding concerns.

Definitions.

Compliance with SEQRA. Pursuant to 6 NYCRR Section 617.5(c)(36), the imposition of a six-month moratorium is a Type II action, and therefore no further SEQRA review is required.

Enforcement. Any violation of the moratorium shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town of Harrison.

Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this section, as declared by the valid judgment of any court of competent jurisdiction, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Effective date. This Local Law shall take effect immediately upon filing with the Secretary of State.

Authority. This moratorium is adopted pursuant to: the New York State Constitution, Article IX, § 2(c)(6) and (10); the New York Statute of Local Governments, Article II, § 10, Subdivisions 1 and 7; Town Law §§ 261 through 263; and New York State Municipal Home Rule Law § 10. In particular, this chapter shall supersede those provisions of the Town Code and New York State Law which require the Town Board, Planning Board, and/or Zoning Board of Appeals to accept, process, and/or approve new applications for the development of Multifamily Dwellings within specified statutory time periods.

Legislative intent. This section is adopted to impose a six-month moratorium on the acceptance and review of new and pending, non-exempt, applications and the issuance of permits and/or approvals for new and pending, non-exempt, Multifamily Dwellings in the following downtown areas: Oakland Avenue; Halstead Avenue; Calvert Street; Harrison Avenue and Grant Avenue ("Areas of Concern"). The Town of Harrison recognizes the amount of recent public concern about the potential impacts of widespread development on the environment, our school system, traffic, flood mitigation, preservation of open space, impact on emergency services, and the general character and composition of the Town. Given these concerns for the public health, safety and welfare, and the current lack of clarity on these issues in these areas of concern, it is necessary for the Town Board to enact a six-month moratorium on the acceptance and review of, non-exempt, applications and the issuance of permits and/or approvals for non-exempt, development of Multifamily Dwellings to ensure the health, welfare and safety of our residents, while these issues are further considered and the Code is adequately revised to address any outstanding concerns.

Definitions.

Compliance with SEQRA. Pursuant to 6 NYCRR 617.5(c)(36), the imposition of a six-month moratorium is a Type II action, and therefore, no further SEQRA review is required.

Enforcement. Any violation of the moratorium shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town of Harrison.

Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this section, as declared by the valid judgment of any court of competent jurisdiction, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Effective date. This Local Law shall take effect immediately upon filing with the Secretary of State.