TOWN OF RIVERHEAD
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901, on the 21st day of September, 2021 at 6:10 o’clock p.m. to consider a local law amending Chapter 211 entitled “Moratorium of the Development of Commercial Solar Energy Production Systems within the Town of Riverhead” of the Riverhead Town Code as follows:
CHAPTER 302 A LOCAL LAW adopting a new Chapter 302 of the Code of the Town of Riverhead entitled: “Moratorium of the Development of Commercial Solar Energy Production Systems within the Town of Riverhead”.
SECTION 1.
302-1. Legislative Intent.
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”).
With the intent on establishing a comprehensive means of preserving farmland in Riverhead, Land Ethics, Inc., 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”. It’s 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.”
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:
Over the nearly fifty-year period between 1950 and 1992, farmland in Suffolk County decreased 71 percent, 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 percent of the county’s farmland (19,550) acres; nearly 30 years later in 1996, despite a 9 percent 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.
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.
The Code of the Town of Riverhead at section 301-3 defines “Commercial Solar Energy Production Systems” as “An arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-sit or off-site use pursuant to a power purchase agreement.” Accordingly, by its clear language, a “Commercial Solar Energy Production Systems” 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 section 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 section 217-12. The location of the substation on Edwards Avenue has, in part, induced companies interested in locating 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. 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.
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.
On January 2, 2020, the Town of Riverhead and AKRF entered into an agreement setting form terms and conditions regarding the update of a town-wide Comprehensive Plan in accordance with adopted resolution number 2019-739.
Any further Commercial Solar Energy Productions Systems applications as defined by section 301-3 and as regulated under Article LII of the Code of the Town of Riverhead 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 twelve months from the effective date of this local law.
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 section 301-3 and as regulated under Article LII of the Code of the Town of Riverhead 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. 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.
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 local law 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.
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.
302-2. Statutory Authority/Supersession.
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 Local Law shall supersede the New York State Environmental Conservation Law sections 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 Local Law. In particular, this Local law 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 Local Law 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 Local Law 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. 302-3 Applicability.
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 Riverhead.
302-4. Processing of Commercial Solar Energy System Subdivision Applications, Site Plans Applications and Special Permit Application Prohibited.
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.
302-5. Time Period. This Chapter shall apply for a period of twelve(12) months from the effective date hereof. This Chapter shall expire after said twelve (12) month period unless and until this time period is extended by the Town Board after adoption of a subsequent Local Law.
302-6 Applications excluded or exempt.
The following applications are excluded or exempt from this Chapter:
(1) Any Commercial Solar Energy System applications that have received final site plan approval, special permit approval, or a state siting approval.
(2) Any Commercial Solar Energy System application submitted in response to a Request for Proposals made by the Town Board of the Town of Riverhead. (3) 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.
(4) Any solar application made upon residential or commercial properties meeting the criteria of energy conservation devices as defined under section 217-12 F. of the Code of the Town of Riverhead and which are not being made pursuant to a power purchase agreement.
SECTION 2.
302-7 Severability.
If any section or subsection, paragraph, clause, phrase or portion of this local law 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. SECTION 3.
302-8 Effective Date.
This Local Law shall take effect upon the filing of this Local Law with the Secretary of State pursuant to the Municipal Home Rule Law.
- Overstrike represents deletion(s)
- Underscore represents addition(s)
Dated: Riverhead, New York
September 8, 2021 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
