TEMPORARY MORATORIUM ON BUILDING, ASSEMBLY AND INSTALLATION OF COMMERCIALLY – OPERATED WIND ENERGY FACILITIES
Be it enacted by the
Town Board of the Town of Hancock as follows:
Section 1. PURPOSE. It is the
purpose of this law:
To fulfill the Town’s constitutional, statutory and legal obligations
to protect the public health, welfare and safety of the citizens of the Town of
To protect the value use and enjoyment of property in the Town, and
To allow the Town Board sufficient time to thoroughly study the issues
involved in siting commercially – operated wind energy facilities, and
To develop appropriate regulations to protect the health, welfare and
safety of the citizens of Hancock.
Section 2. AUTHORITY.
The Town Board of the Town of Hancock enacts this Local Law under the
authority granted by:
Article IX of the New York State Constitutions, 2 (c) (6) and (10).
New York Statue of Local Governments, 10 (1) and (7).
New York Municipal Home Rule Law 10 (1) (i) and (ii) and 10 (a) (6),
(11), (12) and (14).
New York Town Law 130 (1) (Building Code), (3) (Electrical Code), (Fire
Prevention), (7) (Use of Streets and Highways), (7-a) (Location of Driveways),
(11) (Peace, good order and safety ), (15) (Promotion of public welfare), (15-a)
(Excavated Lands), (16) (Unsafe buildings), (19) (Trespass), and (25) (Building
New York Town Law 64 (17-a) (Protection of aesthetic interests), (23)
Section 3. IMPOSTION OF MORATORIUM
For a period of twelve (12) months from the filing of the local law, no
new commercially-operated wind energy facilities (as defined below) may be built
or installed within the Town of Hancock. This
moratorium does not apply to the siting and placement of wind measurement
(meteorological) towers. This
moratorium also does not apply to the siting and placement of small wind energy
systems designed for home and far use on the same parcel and that are primarily
used to reduce consumption of utility power at that location.
A wind energy facility is defined as all the equipment needed to convert
the kinetic energy in the wind into usable form, including all
turbines, nacelles, electrical lines and substations, access roads and
accessory structures. This
definition does not include infrastructure related to the siteing and placement
of wind measurement (meteorological) towers. This
definition also does not include infrastructure related to the siting and
placement of small wind energy systems.
Section 4. ENFORCEMENT.
In the event of a violation or attempted violation of this local law, the
Town may seek a court
order preventing such violation or an order requiring removal and/or
disassembly of any wind energy facility in violation of this local law.
In the event the Town is successful in its proceedings against an
offender, then the Town shall be entitled to recover from such offender the
costs of the enforcement proceeding including attorney’s fees, costs and
Section 5. VALIDITY.
any section, sentence, clause or phrase of this law is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of
Section 6. EFFECTIVE DATE.
law shall take effect immediately upon filing with the Secretary of State
and terminate twelve (12) months from
the date of filing.
I further certify that the local law annexed hereto, designated as local law No.
1 of 2006 of the Town of Hancock was duly passed by the Town Board on April 4,
2006, in accordance with the applicable provisions of law.
I further certify that I have compared the preceding local law with the original
on file in this office and that the same is a correct transcript there from and
of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph 1, above.
Melody R Oliver
Dated: April 5, 2006
State of New York
I, the undersigned, hereby certify that the foregoing local law contains the
correct text and that all proper proceedings have been had or taken for the
enactment of the local law annexed hereto.
Leonard E Sienko Jr.
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