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LA�[0 rcnlvanbe Ml F4M MAMrMS'MM1µ '
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 20, 2020
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhel at wilhelrn o towncfriverheadn ov.
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Signature: Date: °
Town Board Meig August 18, 2020, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 18, 2020
Resolution #434
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
AUTHORIZE THE TOWN OF RIVERHEAD TO IMPOSE A TWELVE (12) MONTH
MORATORIUM ON THE DEVELOPMENT OF COMMERCIAL SOLAR ENERGY
PRODUCTION SYSTEMS IN THE TOWN OF RIVERHEAD
Sincerely,
A .
Diane M. Wilhelm
Town Clerk
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LA�[0 rcnlvanbe Ml F4M MAMrMS'MM1µ '
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 20, 2020
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhel at wilhelrn o towncfriverheadn ov.
� ' r
Signature: Date: °
Town Board Meig August 18, 2020, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 18, 2020
Resolution #434
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
AUTHORIZE THE TOWN OF RIVERHEAD TO IMPOSE A TWELVE (12) MONTH
MORATORIUM ON THE DEVELOPMENT OF COMMERCIAL SOLAR ENERGY
PRODUCTION SYSTEMS IN THE TOWN OF RIVERHEAD
Sincerely,
A .
Diane M. Wilhelm
Town Clerk
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 20, 2020
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 18, 2020
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
AUTHORIZE THE TOWN OF RIVERHEAD TO IMPOSE A TWELVE (12) MONTH
MORATORIUM ON THE DEVELOPMENT OF COMMERCIAL SOLAR ENERGY
PRODUCTION SYSTEMS IN THE TOWN OF RIVERHEAD
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
(631)208-4034
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
August 20, 2020
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhelm at wilhelm(cDtownofriverheadnVgov.
Signature: Date:
Town Board Meeting August 18, 2020, 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on August 18, 2020
Resolution #434
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
AUTHORIZE THE TOWN OF RIVERHEAD TO IMPOSE A TWELVE (12) MONTH
MORATORIUM ON THE DEVELOPMENT OF COMMERCIAL SOLAR ENERGY
PRODUCTION SYSTEMS IN THE TOWN OF RIVERHEAD
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax
(631)208-4034
10.28
08.18.2020 ADOPTED
TOWN OF RIVERHEAD
Resolution 2020-434
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO
AUTHORIZE THE TOWN OF RIVERHEAD TO IMPOSE A TWELVE (12) MONTH
MORATORIUM ON THE DEVELOPMENT OF COMMERCIAL SOLAR ENERGY
PRODUCTION SYSTEMS IN THE TOWN OF RIVERHEAD
Councilman Beyrodt Jr. offered the following resolution,
which was seconded by Councilwoman Giglio
WHEREAS, the Town has experienced a significant increase of Commercial
Solar Energy Production Systems; and
WHEREAS, the commercial solar energy production systems that have been
approved, constructed and operational are located on approximately 180 acres of land;
and
WHEREAS, the Riverhead Solar 2, LLC project to construct a 36-megawatt solar
energy project being considered under Article 10 of the New York State Public Service
Law will be sited on approximately 290 acres of land, which is primarily land used for
agricultural production; and
WHEREAS, LI Solar Generation, LLC (Nextera) has made application to the
Town of Riverhead to construct a 22.9-megawatt solar energy project on two parcels of
land which comprise approximately 190 acres of land and include land that had been
used for agricultural production; and
WHEREAS, the existing solar energy projects and the proposed solar projects
will comprise approximately 660 acres of land; and
WHEREAS, presently, the Town Code, provides that this use must be located in
an industrial zoning district and in the case of the Industrial C Zoning Use District must
be within the Calverton Zip Code; and
WHEREAS, the Town seeks to fulfill its obligation and assert the authority
vested to the Town granted and set forth under Home Rule Law and such other
provisions of law, to analyze impacts and potential liabilities, determine an appropriate
regulatory framework for this use, including analyzing impacts and secondary impacts
and mitigation of said impacts to ensure that location of and operation of Commercial
Solar Energy Production Systems are appropriate within the Town or a particularly
zoning district within the Town; evaluate and determine consistency with the
Comprehensive Plan adopted by the Town; and
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WHEREAS, on October 2, 2019, the Town Board agreed to further update of a 10.28
town-wide Comprehensive Plan by adoption of resolution number 2019-739, which
approved hiring AKRF to assist with that updated Comprehensive Plan; and
WHEREAS, 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; and
WHEREAS, additional time is needed for the Town to re-evaluate and determine
appropriate measures or regulations to minimize or mitigate any potential negative
impacts; evaluate consistency with the existing and intended update to the Town's
Comprehensive Plan; and
WHEREAS, additional time is needed for the Town to adopt such additional
regulations, local laws, amendment to zoning code, amendment to the Comprehensive
Plan; and
WHEREAS, for the reasons set forth above, the Town Board deems it necessary
and in the public interest to immediately prohibit any additional Commercial Solar
Energy Systems within the Town of Riverhead and impose a moratorium on the
issuance of any zoning, building or other licenses, permits, or other approvals to any
person, entity or premises, for establishment, location, construction or operation of a
Commercial Solar Energy System for a period of twelve (12) months, in an effort to
provide time to adopt appropriate regulations, amendment(s) to the Town's Zoning
Code and/or amendment to the Town's Comprehensive Plan for such land use in a
manner consistent with the goals and policies of the existing and intended update to the
Town's Comprehensive Plan and in the best interests of the public health, safety and
general welfare; and
NOW THEREFORE BE IT RESOLVED, that the Town Clerk is hereby
authorized to publish and post the attached public notice to consider imposing a twelve
(12) month moratorium on the zoning, building or other licenses, permits, or other
approvals to any person, entity or premises, for the development of Commercial Solar
Energy Systems within the Town of Riverhead; and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a certified copy of
same may be obtained from the Office of the Town Clerk.
THE VOTE
RESULT ADOPTED [UNANIMOUS]'
MOVER: Frank Beyrodt Jr., Councilman
SECONDER: Jodi Giglio, Councilwoman
AYES: Yvette Aguiar, Jodi Giglio, Catherine Kent, Frank Beyrodt Jr.
ABSENT Tim Hubbard
Packet Pg.224
TOWN OF RIVERHEAD .2
PUBLIC NOTICE
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PLEASE TAKE NOTICE that a public hearing will be held before the Town a-
Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue,
Riverhead, New York, on the 1st day of September, 2020 at 2:15 o'clock p.m. to hear all
interested persons to consider the adoption of a Local Law entitled MORATORIUM ON
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THE DEVELOPMENT OF COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEMS 0
WITHIN THE TOWN OF RIVERHEAD; and
PLEASE TAKE FURTHER NOTICE, that in accordance with the directive of
Executive Order 202.1 issued by Governor Andrew M. Cuomo, the meeting will be held 0
without in-person attendance by the public. Instead the public will have an opportunity to
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participate during the Town Board meeting using Zoom to offer their comments and/or
questions regarding this public hearing before the Town Board. Zoom sign in 0
credentials will be posted prior to the Town Board meeting. All written correspondence
is accepted by the Town Clerk's Office.
Be it enacted by the Town Board of the Town of Riverhead as follows:
LOCAL LAW NO. OF 2020
A LOCAL LAW adopting a new Chapter 302 of the Code of the Town of Riverhead entitled: .0
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"Moratorium of the Development of Commercial Solar Energy Systems within the Town of >
Riverhead".
BE IT ENACTED by the Town Board of the Town of Riverhead as follows: N
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SECTION 1.
302-001. 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"). 0
With the intent on establishing a comprehensive means of preserving farmland in Riverhead, 0
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".
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It's geographic location at the intersection of the North and South Forks, 4-
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Riverhead is uniquely situated to benefit from agricultural preservation. Relative
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to other communities on eastern Long Island, Riverhead still has a large amount z
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of contiguous agricultural space. Riverhead therefore has the potential to become
the agricultural nexus or"heartland" of eastern Long Island ... Because of its E
unique geographic location, Riverhead stands to benefit economically if new
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growth is well managed. To reap these benefits, Riverhead must careftilly .2
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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With regard to the current state of agriculture and agricultural lands within the Town of 0-
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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 a.
County decreased 71 percent, from 123,346 acres to 35,353 acres. According to 0
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 v
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 0
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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In an effort to further limited dependence on imported fossil fuels, and also achieve the goals of Q
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 o
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 r
placement of"Commercial Solar Energy Production Systems"was also permitted by special o
permit in the Industrial C (Ind C) Zoning Use District but limited to that district as located
within the Hamlet of Calverton.
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The location of the substation on Edwards Avenue has, in part, induced companies interested in N
locating Commercial Solar Energy System to the Calverton Hamlet; as a result, the Town has
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experienced a significant increase of Commercial Solar Energy Production Systems since co
enactment of Article LII, the Commercial Solar Energy Systems zoning text. Approved and
pending 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. o
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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
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that updated plan.
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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.
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The influx of these solar energy development applications going forward under the existing 0
policies and procedures will impair the effectiveness of proposed changes under the plan to be
developed in conjunction with AKRF, will further exacerbate the loss of agricultural and natural
resources sought to be preserved thought the implementation of forthcoming update to the s
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Comprehensive Plan. It is the desire of the Town Board to develop as part of the Comprehensive .a
Plan a chapter outlining the balancing of needs for renewable energy with a preservation strategy a
for agriculture in the Town of Riverhead. The Town will endeavor to have that chapter ready for
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adoption and implementation in approximately twelve months from the effective date of this o
local law. a.
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Pending the adoption of the update to the Comprehensive Plan, a moratorium on the Ln
development of Commercial Solar Energy Systems on lands within the Town of Riverhead will
give the Town of Riverhead the time to consider the adoption of the zoning and planning o
changes necessary to protect the public health, safety, and welfare, as well as the landscape and
agricultural heritage of the Town of Riverhead. v
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Following completion of this comprehensive plan("Plan"), the Town will need to prepare a io
Generic Environmental Impact Statement(GEIS)relating to the anticipated zoning changes U)
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.
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The moratorium is not a building moratorium. Those applicants for development who have
obtained valid building permits are excluded from the moratorium. Likewise, those applicants r
for development who have applied for site plan and/or special permit approvals for the o
construction of a"Commercial Solar Energy Production Systems" as defined in the Code of the ')
Town of Riverhead prior to January 1, 2020, are exempt. This local law recognizes the need to
balance preservation with business concerns. Those applicants for development who have o
invested considerable time and money and received their final conditional approvals, building
permits, site plan approvals or special permits are exempt from the moratorium. r
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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 E
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 o
obligations to its citizens. o
302-002. Statutory Authority/Supersession. CU
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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 o
8-0113 and 6 NYCRR Part 617 also known as the State Environmental Quality Review Act 0
(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 a
New York State Law which require the Town Board and the Planning Board to accept, process =
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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 d
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 o
applications. Furthermore, this Local Law shall supersede and suspend those provisions of the n-
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Town Code and the New York State Town Law which grant the Zoning Board of Appeals -C
authority to hear appeals from applicable zoning provisions and specifically the time frames for
decision making and holding hearings for decision making. a
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302-003 Applicability L
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The provisions of this Chapter shall apply to all Commercial Solar Energy System subdivision, �
site plan and special use permit applications for lands within the Town of Riverhead. °
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302-004. Processing of Commercial Solar Energy Subdivision Applications, Site Plans o
Applications and Special Permit Application Prohibited.
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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. N
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302-005. Time Period.
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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. o
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302-006 Applications excluded.
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The following applications are excluded from this Chapter:
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(1) Any Commercial Solar Energy System applications that were filed with the Town of
Riverhead, or which were filed with any other governmental agency, on or before January 1, a
2020.
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(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. U)
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(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 3
Renewal Area. _
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SECTION 2.
302-007 Severability. 0
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If any section or subsection, paragraph, clause, phrase or portion of this local law shall be judged N
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. o
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SECTION 3.
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302-008 Effective Date. ,°
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This Local Law shall take effect upon the filing of this Local Law with the Secretary of State o
pursuant to the Municipal Home Rule Law.
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