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.
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.
D. Any solar application made upon residential or commercial properties meeting the criteria of energy conservation devices as defined under §
217-12F of the Code of the Town of Riverhead and which are not being made pursuant to a power purchase agreement.
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.