Cape Vincent Wind Moratorium

Notice of moratorium.

Article 1. – Statement of Authority.

The town for the town of Cape Vincent, pursuant to the authority granted it under article 60 of Tolle law and sections 10 and 20 of the municipal law of the state of New York, hereby enact as follows:

Article 2. – Statement of Purpose and Findings.

The town board of the town of Cape Vincent has been made aware of interests in wind power generating facilities desiring to locate in the town of Cape Vincent. At the same time, the town board is aware that their are many concerns and questions about the establishment of wind power in generating facilities being located in the town. Currently, the town of Cape Vincent code does not contain provisions for regulation of such facilities. It is the purpose of this local law to enact a moratorium work. Through September 7, 2012 for applications or proceedings of applications for wind power generating facilities to allow the town board to consider and implement sufficient regulations that address the development and maintenance of wind power generating facilities.

Article 3. – Enactment.
The town board the town of Cape Vincent does hereby enact as follows:

Section 1. Definitions.

When generating facilities: those facilities which generate original power to be used on-site or to be transferred to the transmission system for distribution to customers or third party utility companies. The definition of wind power generating facility shall include individual wind power generating facilities, directed and used for private use. It shall also include accessory facilities such as transmission lines, access roads, meteorological towers and other related facilities, whether the primary when generating facilities are located within or outside of the town of Cape Vincent.

Section 2.
Commencing with the effective date of this local law and for the. Through September 7, 2012, no person shall be allowed to permit or site or locate a wind power generating facility is defined in this law within the town of Cape Vincent.

Article 4. – Severability.
If any part of this chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provisions of this chapter.

Article 5. – Effective date.
This local law shall take effect immediately upon filing with the Secretary of State.