Town of Croghan Public Hearing – Proposed Local Law 1 of 2024, Moratorium 05-01-2024

The Meeting of the Town Board of the Town of Croghan, County of Lewis and the State of New York was held at the Town Municipal Building, 9882 State Route 126 Beaver Falls, on the 1st day of May, 2024.

Town Officers Present:        Larry F. Boliver, Supervisor

Yvonne Hamlin-Boliver, Councilmember

David Hardy, Councilmember

Richard Meyer, Councilmember

Alex Virkler, Councilmember

Megan E. Simpson, Clerk

James Burrows, Town Attorney

Attended by:  17 Individuals

Supervisor Boliver called the meeting to order at 6:00pm with the Pledge of Allegiance.

RESOLUTION NO. 49 OF 2024

OPEN PUBLIC HEARING ON MORATORIUM, PROPOSED LOCAL LAW 1 OF 2024

On a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the following resolution was

ADOPTED       Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler    Nays  (0)

RESOLVED, the public hearing was opened at 6:01pm.

Proposed Local Law 1 of 2024, entitled:

“Establishing a Townwide Six (6) Month Moratorium

For all Renewable Energy Facilities and Battery Energy Storage Systems”

ARTICLE I      INTENT

Due to clean energy desires and technological changes, there is an increased

possibility of development of Renewable Energy Facilities within the Town of Croghan.

The potential for such development within the Town is not fully addressed by the current

zoning laws. The Town Board, in order to consider, formulate, and potentially amend both

the Town of Croghan Zoning Law, and/or uses authorized within the Town and to

safeguard the public health, safety and general welfare of its population, determines it to

be reasonably necessary to provide a Moratorium for six (6) months to perform a review

of the same.

ARTICLE II      DEFINITIONS

BATTERY ENERGY STORAGE SYSTEMS – One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery

energy storage system is classified as a small, medium, or large battery energy storage system as follows:

(1)       Small battery energy storage systems have an aggregate energy capacity

less than or equal to 200 kWh and, if in a room or enclosed area, consist of

only a single energy storage system technology.

(2)       Medium battery energy storage systems have an aggregate energy capacity

greater than 201 kWh to 600 kWh or are comprised of more than one

storage battery technology in a room or enclosed area.

(3)       Large battery energy storage systems have an aggregate energy capacity

greater than 600 kWh or are comprised of more than one storage battery

technology in a room or enclosed area.

PERMIT/APPROVAL – No Renewable Energy Facilities or Battery Energy Storage Systems shall be constructed, reconstructed, modified or operated in the Town of Croghan, except in compliance with the Zoning Law.

RENEWABLE ENERGY FACILITIES – An electrical energy facility composed of a combination of both solar panels and solar energy equipment.

This provision applies equally to Wind Energy Conversion Systems and Solar Energy

Conversion Systems, however those renewable energy systems may be defined.

ARTICLE III      APPLICATION

This Local Law shall apply to all areas within the Town of Croghan.

ARTICLE IV      DURATION

This law shall be in effect for a period of six (6) months from the effective date of

this Local Law. It may be terminated by a Town Board Resolution.

ARTICLE V      PROHIBITIONS

Neither the Town of Croghan Zoning Enforcement Officer, nor the Zoning Board

of Appeals, nor the Town of Croghan Planning Board nor any other officer/agent who

administers the Town’s Zoning Laws shall process, review, render any determination, nor

grant any variance, or any approval, in respect to any Renewable Energy Facilities and

Battery Energy Storage Systems within the Town during the duration of this Moratorium.

No person shall construct a new Renewable Energy Facilities or establish a Renewable

Energy Facilities activity anywhere within the Town during the duration of this Moratorium

unless municipal approval was granted in advance of the effective date of this local law.

ARTICLE VI      ENFORCEMENT

This Local Law shall be enforced by the Town of Croghan Zoning Enforcement

Officer or any other person so designated by the Town Board.

ARTICLE VII      VIOLATIONS

Any person violating any provision of this Local Law shall be guilty of an offense,

and upon conviction thereof be punishable by a fine not to exceed Two Hundred Fifty

Dollars ($250) or imprisonment for a period not to exceed fifteen (15) days or both. Each

week’s continued violation after notice shall constitute a separate and additional violation.

ARTICLE VIII      SEVERABILITY

Should any portion of this Local Law be declared invalid, such decision shall not

affect the validity of the remaining portions of this Local Law.

ARTICLE IX      EFFECTIVE DATE

This Local Law shall become effective after filing in the Office of the NYS Secretary of State.

There was discussion between the public, Attorney Burrows, the Town Board and Jack Donelan with AES regarding the pros and cons of establishing a moratorium.  Attorney Burrows mentioned that if the Board decided to move forward with the moratorium, it can at any time be terminated with a simple resolution. Ultimately, the Board was unable to come to a decision regarding the moratorium.

RESOLUTION NO. 50 OF 2024

TABLE PUBLIC HEARING ON MORATORIUM UNTIL MAY 20, 2024 MEETING

On a motion by Councilmember Virkler, seconded by Councilmember Hardy, the following resolution was

ADOPTED       Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler    Nays  (0)

RESOLVED, the public hearing is tabled until the May 20, 2024 meeting.

RESOLUTION NO. 51 OF 2024

ENTER INTO EXECUTIVE SESSION WITH LEGAL COUNCIL TO DISCUSS THREATENED PROPOSED LITIGATION

On a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the following resolution was

ADOPTED       Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler    Nays  (0)

RESOLVED, the Board and Attorney Burrows enter into executive session at 7:23pm.

During executive session, Jack Donelan with AES gave a presentation to those in attendance regarding the Sugar Maple Solar Project.

RESOLUTION NO. 52 OF 2024

EXIT EXECUTIVE SESSION AND RETURN TO MEETING

On a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the following resolution was

ADOPTED       Ayes (5) Boliver, Hamlin-Boliver, Hardy, Meyer, Virkler    Nays  (0)

RESOLVED, the Board and Attorney Burrows exit executive session at 8:15pm.

UPCOMING MEETING (s)

The next regular meeting will be on May 20, 2024 at 6pm.

Public Hearing on proposed Local Law 1 of 2024 – May 20, 2024 at 6pm.

With no further business, on a motion by Councilmember Meyer, seconded by Councilmember Hamlin-Boliver, the meeting adjourned at 8:15pm. Carried unanimously.

Megan E. Simpson, Clerk