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