Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
(Use
this form to file a local law with the Secretary of State.)
Text of law should be given as
amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
County
City
of CHAMPION
Town
Local
Law No. 1 of
the year 2006
A
local law A Local Law creating a
180 day Moratorium on Construction of Wind Energy Facilities
Be it enacted by Town
Board of
the
(Name
of Legislative Body)
County
City
of Town of Champion as
follows:
Town
Section 1. Title.
This Local Law shall be referred to as the “Temporary 180 Day Moratorium
on Construction of Wind Energy Facilities.”
Section 2. Definitions.
A. Wind
Energy Facility as used in this Law shall mean any structure used for the
generation of electrical energy through wind power including wind mills or wind
turbines.
Section 3. Purpose and Intent. Pursuant to the statutory powers vested in
the Town of
The Town of
The Town of
The Town Board desires to address the establishment,
placement, construction, enlargement and erection of Wind Energy Facilities on
a comprehensive Town-wide basis, and to adopt a zoning ordinance to regulate
same.
Section 4. Scope of Controls.
A.
During the effective period of this Local Law:
1)
The Town Board shall not grant any approvals which would have as the
result the establishment, placement, construction, enlargement or the erection
of Wind Energy Facilities.
2)
The Town of
3)
The Zoning Board of Appeals shall not grant any variance for any use
which would result in the establishment, placement, construction, enlargement
or the erection of Wind Energy Facilities.
4)
The Zoning Enforcement Officer shall not issue any permit which would
result in the establishment, placement, construction, enlargement or the
erection of Wind Energy Facilities.
B.
The Town Board reserves the right to direct the Zoning Enforcement
Officer or Building Code Inspector to revoke or rescind any Zoning Permits,
Building Permits or Certificates of Occupancy issued in violation of this Local
Law.
Section 5. No Consideration of New Applications. No applications for construction effected by
this Local Law or for approvals for site plan, special use permit, subdivision,
variance or wetlands permit shall be considered by any board or agency of the
Town of champion while this Local Law is in effect.
Section 6. Term.
This Local Law shall be in effect for a period of 180 days from its
effective date.
Section 7. Penalties. Any person, firm, or corporation that shall
establish, place, construct, enlarge or erect any Wind Energy Facilities in
violation of the provisions of this Local Law or shall otherwise violate any of
the provisions of this Local Law shall be subject to:
A.
Such penalties as may otherwise be provided by laws, rules and
regulations of the Town of
B.
Injunctive relief in favor of the Town of Champion to cease any and all
such actions which conflict with this Local Law and, if necessary, to remove
any construction which may have taken place in violation of this Local Law.
Section 8. Validity.
The invalidity of any provision of this Local Law shall not effect the
validity of any other provision of this Local Law which can be given effect
without such invalid provision.
Section 9. Effective Date.
This Local Law shall take effect immediately upon filing
with the Office of the Secretary of State as provided in Section 27 of the
Municipal Home Rule Law.
(If additional space is needed,
attach pages the same size as this sheet, and number each.)
(Complete
the certification in the paragraph that applies to the filing of this local law
and
strike
out that which is not applicable.)
1.
(Final adoption by local legislative body only.)
I hereby certify that the local law
annexed hereto, designated as local law No. 1
of 2006 of the (County)(City)(Town)(Village)
of Champion was duly passed by the
Town Board on June 5, 2006, in accordance with the applicable
(Name of Legislative body) provisions of law.
2.
(Passage by local legislative body with approval, no disapproval or
repassage after disapproval by the Elective Chief Executive Officer*.)
I hereby certify that the local law
annexed hereto, designated as local law No. of
2006 of the (County)(City)(Town)(Village) of was duly passed by the on 2006
, and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and
was deemed duly adopted
(Elective Chief Executive Officer)
on 2006 , in accordance with the applicable
provisions of law.
3.
(Final adoption by referendum.)
I hereby certify that the local law
annexed hereto, designated as local law No. of 2006 of the (County)(City)(Town)(Village)
of Champion was duly
passed by the on , and was (approved)(
not
(Name of Legislative Body)
approved) (repassed after disapproval) by the on .
(Elective Chief Executive Officer*)
Such local law was
submitted to the people by reason of a (mandatory)(permissive)
referendum, and received the affirmative
vote of a majority of the qualified
electors voting thereon at the (general) (special)(annual) election held on
November 2, 2006 , in accordance with the applicable provisions of law.
4.
(Subject to permissive referendum and final adoption because no valid
petition was filed requesting referendum.)
I hereby certify that the local law
annexed hereto, designated as local law No. of
2006 of the (County)(City)(Town)(Village) of was duly passed by the on 2006, and was
(approved)( not approved) (repassed after
disapproval)
(Name of Legislative Body) by the on 2006 .
(Elective Chief Executive Officer*)[1]
Such local law was subject to
permissive referendum and no valid petition requesting such referendum was
filed as of 2006
, in accordance with the applicable provisions of law.
5. (City local law concerning
Charter revision proposed by petition.)
I hereby certify that the local law
annexed hereto, designated as local law No. of
2006 of the Town of having
been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such
town voting thereon at the (special)(general) election held on 2006 , became
operative.
6. (County local law concerning
adoption of Charter.)
I hereby certify that the local law
annexed hereto, designated as local law No. of
2006 of the County of State of
New York, having been submitted to the electors at the General Election of November ,
20 , pursuant to subdivisions 5 and 7
of section 33 of the Municipal Home Rule Law, and having received the
affirmative vote of a majority of the qualified electors of the cities of said
county as a unit and a majority of the qualified electors of the towns of said
county considered as a unit voting at said general election, became operative.
(If any other authorized form of
final adoption has been followed, please provide an appropriate certification.)
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 therefrom and of the whole of such
original local law, and was finally adopted in the manner indicated in
paragraph ,
above.
Clerk of the county legislative body,
City, Town or Village Clerk or
officer
designated by local legislative body
Christina
M. Vargulick
(Seal)
Date:
(Certification to be executed by
STATE OF
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.
Signature Timothy A.
Farley
Title: Town Attorney
Town
of
Date:
[1] [1]* Elective Chief Executive Officer means or includes
the chief executive officer of a county elected on a county-wide basis or, if
there be none,
the chairperson of the county legislative body, the
mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-239 (Rev. 11/99)