[HISTORY: Adopted by the Town Board of the Town of Riverhead 10-20-2021 by L.L. No.
13-2021. Amendments noted where applicable.]
A.
In order to carry out the 2003 Comprehensive Plan, the Town of Riverhead
had hired as a consultant the firm of Abeles, Phillips, Preiss &
Shapiro ("A, P, P & S").
B.
With the intent on establishing a comprehensive means of preserving
farmland in Riverhead, Land Ethics, Inc., a subcontractor to the Town's
Comprehensive Plan consultant, Abeles, Phillips, Preiss & Shapiro
("A, P, P & S"), developed a draft chapter for the 2003 Comprehensive
Plan entitled "Preservation Strategy for Agriculture in the Town of
Riverhead."
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Its geographic location at the intersection of the
North and South Forks, Riverhead, is uniquely situated to benefit
from agricultural preservation. Relative to other communities on eastern
Long Island, Riverhead still has a large amount of contiguous agricultural
space. Riverhead, therefore, has the potential to become the agricultural
nexus or "heartland" of eastern Long Island. Because of its unique
geographic location, Riverhead stands to benefit economically if new
growth is well managed. To reap these benefits, Riverhead must carefully
balance three areas of actions: the revitalization of downtown, the
accommodation of new growth, and the maintenance of rural character
in its outlying regions.
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C.
With regard to the current state of agriculture and agricultural
lands within the Town of Riverhead Land Ethics, Inc. further stated
in that draft chapter:
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Over the nearly fifty-year period between 1950 and
1992, farmland in Suffolk County decreased 71%, from 123,346 acres
to 35,353 acres. According to the Suffolk County Planning Department,
farmland continues to decline at a rate of roughly 1,300 (1,289) acres
per year. In 1968, Riverhead has 30% of the county’s farmland
(19,550) acres; nearly 30 years later in 1996, despite a 9% drop in
the Town agricultural acreage, Riverhead had 38% of the county’s
farmland - 17,662 acres. These figures indicate that Riverhead has
a critical role to play in the protection of prime agricultural lands
in eastern Long Island.
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D.
In an effort to further limited dependence on imported fossil fuels,
and also achieve the goals of providing sources of renewable energy
as outlined in the 2003 Comprehensive Plan, the Town Board of the
Town of Riverhead, in 2014, amended the Code of the Town of Riverhead
to allow for the placement of commercial solar energy production systems
by special permit in the Light Industrial (LI) Zoning Use District,
Industrial A (Ind A) Zoning Use District, Industrial B (Ind B) Zoning
Use District, and Planned Industrial Park (PIP) District. In addition,
the placement of commercial solar energy production systems was also
permitted by special permit in the Industrial C (Ind C) Zoning Use
District but limited to that district as located within the Hamlet
of Calverton.
E.
The Code of the Town of Riverhead at § 301-3 defines "commercial solar energy production system" as "an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement." Accordingly, by it's clear language, a commercial solar energy production system would not include any residential application, nor any other application made which does not include a power purchase agreement. Further, the Code of the Town of Riverhead, in Chapter 217, and more particularly at § 217-12, sets forth conditions for installation of residential or commercial energy conservation devices, which include roof surface solar installations. This moratorium would not be applicable to, nor preclude residential or commercial energy conservation devices proposed under § 217-12.
F.
The location of the substation on Edwards Avenue has, in part, induced
companies interested in locating a commercial solar energy system
to the Calverton Hamlet; as a result, the Town has experienced a significant
increase of commercial solar energy production systems since enactment
of Article LII, the commercial solar energy systems zoning text.[1] Approved applications will encompass approximately 660
acres of land in the Calverton zip code, with a large portion of that
660 acres being lands that are now, or were in the past, used for
agricultural production.
G.
On October 2, 2019, the Town Board agreed to further update of a
Town-wide Comprehensive Plan by adoption of Resolution Number 2019-739,
which approved hiring AKRF to assist with that updated plan.
H.
On January 2, 2020, the Town of Riverhead and AKRF entered into an
agreement setting forth terms and conditions regarding the update
of a Town-wide Comprehensive Plan in accordance with adopted Resolution
Number 2019-739.
I.
Any further commercial solar energy productions systems applications as defined by § 301-3 and as regulated under Article LII of the Code of the Town of Riverhead[2] may impair the effectiveness of proposed changes under
the plan to be developed in conjunction with AKRF, may further exacerbate
the loss of agricultural and natural resources sought to be preserved
through the implementation of forthcoming update to the Comprehensive
Plan. It is the desire of the Town Board to develop, as part of the
Comprehensive Plan, a chapter outlining the balancing of needs for
renewable energy with a preservation strategy for agriculture in the
Town of Riverhead. The Town will endeavor to have that chapter ready
for adoption and implementation in approximately 12 months from the
effective date of this chapter.
J.
Pending the adoption of the update to the Comprehensive Plan, a moratorium on the further development of commercial solar energy production systems, as defined by § 301-3 and as regulated under Article LII of the Code of the Town of Riverhead[3] on lands within the Town of Riverhead, will give the Town
of Riverhead the time to consider the adoption of the zoning and planning
changes necessary to protect the public health, safety, and welfare,
as well as the landscape and agricultural heritage of the Town of
Riverhead.
K.
Following completion of this Comprehensive Plan ("plan"), the Town
will need to prepare a generic environmental impact statement (GEIS)
relating to the anticipated zoning changes necessary to implement
the plan. Following the adoption of a GEIS, the Town may conduct public
hearings on any recommended zoning changes and thereafter adopt those
zoning changes. It is anticipated that these processes will be completed
within the next 12 months. This continuation of moratorium will protect
the status quo while the Town Board completes the necessary tasks
of determining the future of solar in Calverton.
L.
The moratorium is not a building moratorium. Those applicants for
development who have obtained final site plan approval, special permit
approval or state siting approval for the construction of a "commercial
solar energy production systems" as defined in the Code of the Town
of Riverhead are exempt. This chapter recognizes the need to balance
preservation with business concerns as well as stated goals, by local
government and by the state as well as federal levels of government
for establishment of and dependence upon, renewable energy sources.
M.
In short, sound planning will lead to a higher quality of life for
all of Riverhead's citizens. By briefly pausing for one-year period,
rather than for a longer period of several years or more, in order
to enact the recommendations of the plan for agriculture in the Town
of Riverhead, the Town is making an important investment for the future
and upholding its commitments and obligations to its citizens.
This chapter is adopted pursuant to Municipal Home Rule Law
and the State Environmental Quality Review Act and its implementing
regulations. It expressly supersedes any provisions of the Town Code
of the Town of Riverhead, and §§ 267, 267-a, 267-b,
267-c, 274-a and 274-b of the Town Law of the State of New York. Furthermore,
this chapter shall supersede the New York State Environmental Conservation
Law §§ 3-0301(1)(b), 3-0301(2)(m), 8-0107 and 8-0113
and 6 NYCRR Part 617 also known as the "State Environmental Quality
Review Act" (SEQRA) as it pertains to applications that are neither
excluded nor exempt from this chapter. In particular, this chapter
shall supersede and suspend those provisions of the Town Code and
New York State Law which require the Town Board and the Planning Board
to accept, process and approve commercial solar energy system applications
within certain statutory time periods. In addition, this chapter shall
supersede and suspend those provisions of the Town Code of the Town
of Riverhead as well as the Town Law of the State of New York which
require the Town Board and the Planning Board to accept, process and
approve site plan and special permit applications. Furthermore, this
chapter shall supersede and suspend those provisions of the Town Code
and the New York State Town Law which grant the Zoning Board of Appeals
authority to hear appeals from applicable zoning provisions and specifically
the time frames for decision making and holding hearings for decision
making.
The provisions of this chapter shall apply to all commercial
solar energy production systems subdivision, site plan and special
use permit applications for lands within the Town of Riverhead made
under Article LII of the Code of the Town of Riverhed.[1]
Neither the Planning Board, nor the Town Board, shall process
any commercial solar energy system subdivision applications, site
plans applications or special permit applications except as set forth
herein.
This chapter shall apply for a period of 12 months from the
effective date hereof. This chapter shall expire after said twelve-month
period unless and until this time period is extended by the Town Board
after adoption of a subsequent local law.
[Added 10-18-2022 by L.L. No. 20-2022]
This chapter shall extend the moratorium on the development
of commercial solar energy production systems in the Town of Riverhead
for a period of 12 months from the effective date hereof. This chapter
shall expire after said twelve-month period, unless and until this
time period is extended by the Town Board after adoption of a subsequent
local law.
The following applications are excluded or exempt from this
chapter:
A.
Any commercial solar energy system applications that have received
final site plan approval, special permit approval, or a state siting
approval.
B.
Any commercial solar energy system application submitted in response
to a request for proposals made by the Town Board of the Town of Riverhead.
C.
Any commercial solar energy system application upon property designated
pursuant to Articles 15 and 15-A of the General Municipal Law of the
State of New York as an urban renewal area.
If any section or subsection, paragraph, clause, phrase or portion
of this chapter shall be judged invalid or held unconstitutional by
a court of competent jurisdiction, any judgment made thereby shall
not affect the validity of this law as a whole or any part thereof
other than the part of provision so adjudged to be invalid or unconstitutional.
This chapter shall take effect upon the filing of this chapter
with the Secretary of State pursuant to the Municipal Home Rule Law.
