TOWN OF LITCHFIELD MORATORIUM ON WIND ENERGY DERIVING TOWERS AND TRANSMISSION FACILITIES LAW
ARTICLE I: ENACTMENT, AUTHORIZATION, TITLE, PURPOSE Section 101. Enactment & Authorization The Town Board of the Town of Litchfield does hereby ordain and enact the Town of Litchfield Moratorium on Wind Energy Deriving Towers and Transmission Facilities Law pursuant to authority and provisions of Section 10 of the Municipal Home Rule Law. Section 102. Title This local law shall be known as the Town of Litchfield Moratorium on Wind Energy Deriving Towers and Transmission Facilities Law. Section 103. Purpose It is the purpose of this law to prevent and avoid serious detrimental health, environmental and planning conditions which threaten the Town of Litchfield by allowing degradation of its significant environmental and agricultural resources and in order not to undermine the conscious and continuous determination by the town to resolve and lessen such threats to the health, safety and welfare of the citizens of the Town of Litchfield. ARTILE II: IMPOSITION OF MORATORIUM Section 201. Imposition of Moratorium For a period of one hundred eighty (180) days from and after the adoption date of this law, no application for construction or erection of wind energy deriving towers and transmission facilities may be filed, accepted or processed. For the purpose of this law, an application for tower construction shall be deemed to mean any request for official action by the Town Board, Planning Board, Codes Enforcement Officer, or Building Inspector, which request and approval would in any way commence or continue the process whereby a wind energy deriving tower or associated transmission facilities is or may be constructed or erected. ARTICLE III: VALIDITY Section 301. Validity If any section, sentence, clause or phrase of this law is held to be invalid or unconstitutional by any court or competent jurisdiction, the said holding shall in no way affect the validity of the remaining portions of this law. ARTICLE: EFFECTIVE DATE Section 401: Effective Date This local law shall take effect immediately upon the filing with the Secretary of State.
Local Law #1 of 2010
To amend Local Law #2 of 2009 “TOWN OF LITCHFIELD MORATORIUM ON WIND ENERGY DERIVING TOWERS AND TRANSMISSION FACILITIES LAW” Article II: IMPOSITION OF MORATORIUM Section 201. Imposition of Moratorium For a period of three hundred sixty (360) days from the filing date of Local Law 2 of 2009 of September 25, 2009, no application for construction or erection of wind energy deriving towers and transmission facilities may be filed, accepted or processed. For the purpose of this law, an application for tower construction shall be deemed to mean any request for official action by the Town Board, Planning Board, Codes Enforcement Officer, or Building Inspector, which request and approval would in any way commence or continue the process whereby a wind energy deriving tower or associated transmission facilities is or may be constructed or erected.
Local Law #2 of 2010
To amend Local Law #2 of 2009 “TOWN OF LITCHFIELD MORATORIUM ON WIND ENERGY DERIVING TOWERS AND TRANSMISSION FACILITIES LAW” Article II: IMPOSITION OF MORATORIUM Section 201. Imposition of Moratorium For a period of five hundred forty (540) days from the filing date of Local Law 2 of 2009 of September 25, 2009, no application for construction or erection of wind energy deriving towers and transmission facilities may be filed, accepted or processed. For the purpose of this law, an application for tower construction shall be deemed to mean any request for official action by the Town Board, Planning Board, Codes Enforcement Officer, or Building Inspector, which request and approval would in any way commence or continue the process whereby a wind energy deriving tower or associated transmission facilities is or may be constructed or erected.
Local Law #1 of 2011 (passed at 02/08/2011 Town Board Meeting)
To amend Local Law #2 of 2009 “TOWN OF LITCHFIELD MORATORIUM ON WIND ENERGY DERIVING TOWERS AND TRANSMISSION FACILITIES LAW” Article II: IMPOSITION OF MORATORIUM Section 201. Imposition of Moratorium For a period of nine hundred and five (905) days from the filing date of Local Law 2 of 2009 of September 25, 2009, no application for construction or erection of wind energy deriving towers and transmission facilities may be filed, accepted or processed. For the purpose of this law, an application for tower construction shall be deemed to mean any request for official action by the Town Board, Planning Board, Codes Enforcement Officer, or Building Inspector, which request and approval would in any way commence or continue the process whereby a wind energy deriving tower or associated transmission facilities is or may be constructed or erected.
