Niagara City Zoning Code
ARTICLE XVI
Moratorium on Certain Solar and Wind Energy Uses
§ 245-70 Purpose and intent.
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.
§ 245-71 Legislative findings.
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.
§ 245-72 Moratorium imposed; applicability.
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.
§ 245-73 Term.
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.
§ 245-74 Effect on other laws.
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.
§ 245-75 Variance; fee.
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.
§ 245-76 Severability.
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.
§ 245-77 When effective.
This article shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law.