The moratorium the town board enacted honored the request of a petition submitted to the Town Board June of 2009 ,signed by almost 800 people asking for a one year moratorium . The intention was to allow the town to update their Comprehensive plan and zoning law and to regulate wind development for the well being and safety of the community. Both of these goals have been accomplished
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 the 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.
Link here to read the 82 page petition calling for a wind development moratorium
1 comment:
As one of the authors of the petition requesting adoption of a moratorium,I would like to say publicly, I am proud of everyone that helped organize the circulation of, and also all those who signed the petition. Petitioning our government is one of the basic forms of participation in our democratic system, granted to us as part of our right to redress. It was rewarding to work together exercising this right.
I was profoundly disappointed and disgusted with every member of our previous board who refused to acknowledge that right to their own fellow citizens. To each of the claimants filing suit against the local bloggers,for supposed complicity in the loss of your political office,I maintain to you ,this blatant, outragious abuse of the constitutional rights of your constituents,taxpayers, and neighbors, had more to do with your loss of office than any nasty comment directed your way on any blog. You deserved to lose office simply on the basis of your own failure to represent your community, in a fashion deserved of the American electorate. I was embarrassed for each of you.
To the present leaders of Cape Vincent, I extend an appreciation of their deliberate, and principled reversal of that dismal action, by our previous board, with their timely adoption of the moratorium we justly petitioned for.
I cannot say, unfortunately, I approve of the results of the reprieve this moratorium provided us,or the manner in which they were produced.
You will note that nowhere in either the introduction of the petition, or the purpose clause of the moratorium, is there language indicating that the petitioners requested the town to adopt a land use law that compromised the goals and values expressed in our Comprehensive Plan.
Neither will you find any reference to asking the town to reliquish our rights to self-governance by submitting this non-the-less approved law to an insidious, abominable, and arrogant review and pre-emption by New York State.
I am disappointed not only in our present leaders for accepting this fate presented us by a totalitarian-minded ,corporate influenced State Legislature, but also in my fellow members of this community.
I am disappointed in those who beseeched the State to employ such an abrogation of local autonomy for their own personal profit, but also I am saddened by the resignation of the remaining majority, that we have no alternative except to allow this thievery of our rights go unchallenged.
Exercising our right to redress was a privilege and an honor.
Consenting to subjgation of our right to self-govern is humiliating.
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