Section 1. Legislative Findings.
The Town Board finds that solar and wind energy can provide an environmentally friendly source of sustainable energy to and for the benefit of the residents of the Town of Florence. The Board also finds that there are safety issues associated with the installation and use of solar energy systems, wind power generating facilities, and commercial energy storage systems, as well as aesthetic impacts associated with the installation and use of such facilities, and the future decommissioning and removal of such facilities.
The Board further finds that the existing provisions under the Town's law do not provide adequately for the review and permitting of solar, wind energy system installations and commercial energy storage systems in the Town, and that it is necessary for the protection of the health, safety, and general welfare ofthe residents ofthe Town to develop and enact additional regulatory provisions for the installation and use of solar energy installations, wind power generating facilities, and Commercial Energy Storage Systems.
Section 2. Definitions.
The following definitions are applicable to the provisions of this Local Law:
Large Scale Solar Energy System - Any solar energy system that cumulatively on a lot meets one of the following provisions:
a. Is intended to supply energy principally into a utility grid for sale to the general public, or
b. Has a total surface area of greater than 4,000 square feet.
Small Scale Solar Energy System - Any solar energy system that cumulatively on a lot meets all of the following provisions:
a. Is an accessory use or structure designed and intended to generate energy primarily for a principal use located on site,
b. Has a total surface area no larger than 4,000 square feet.
Solar Energy System - A complete system intended for the collection, inversion, storage and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical or other usable energy. A solar energy system consists of, but is not limited to, solar collectors, mounting devices or structure, generators/turbines, water and energy storage and distribution systems, storage maintenance and/or other accessory buildings, inverters, combiner boxes, meters, transformers and all other mechanical structures.
Wind Power Generating Facilities - Wind generating facilities which generate original power on site to be transferred to a transmission system for distribution to customers. The definition of wind power generating facilities shall not include individual wind power generating facilities erected and used primarily for private use.
Commercial Energy Storage Systems - are defined, for the purpose of this local law, as any rechargeable energy storage system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems, and associated electrical equipment designed to store and provide electrical power primarily off site or for commercial purposes. Any installations by, or undertaken on behalf of individual landowners, householders, businesses or farmers, primarily for personal, residential and onsite use shall not be considered a Commercial Energy Storage System and shall be specifically exempted from this moratorium.
Section 3. Moratorium.
For a period of 12 months following the effective date of this Local Law, there is hereby imposed a moratorium on the installation of solar, wind energy, and commercial energy storage systems in the Town of Florence, with the exception of Small Scale Solar Energy Systems. During the term of this moratorium, no approvals, processing, permits, actions or decisions shall be made, undertaken, or issued by any Board, body, administrative agency, or official ofthe Town of Florence with respect to solar energy installations, wind power generating facilities, or commercial energy storage systems except as exempted above. Moratoriums shall apply to all such appUcations, whether pending or received prior to the effective date of this Local Law.
Section 4. Enforcement.
This Local Law shall be enforced by the Code Enforcement Officer of the Town of Florence.
Section 5. Supersession.
To the extent that this Local Law is inconsistent with any State statute or regulation, it is the intent of this Law to supersede any such statute or regulation.
Section 6. Severability.
Should any section or provision of this Local Law be declared null, void, voidable, or invalid, such binding shall not affect the validity of the remaining provisions of this Local Law.
Section 7. Effective Date.
This Local Law shall take effect in accordance with the provisions of the General Municipal Law.
