Little Falls adopts eight-month moratorium on certain solar energy systems

The Town of Little Falls Board unanimously adopted an eight-month moratorium on certain solar energy systems at a special meeting July 30, 2024.

Supervisor Dan Casler and the five-member Board approved Local Law No. 2 of 2024, formally titled “A local law establishing an Eight Month Moratorium on Applications, Approvals, and/or Construction or Installation of Solar Energy Systems and/or Solar Farms within the Town of Little Falls.” The motion to adopt was made by Councilman Anthony Viscomi and seconded by Councilman Kirk Schwasnick; the adoption was recorded by roll call vote with all five members voting aye.

The local law says its purpose is to protect the health, safety and welfare of town residents and to maintain the status quo while the Town analyzes and determines appropriate zoning regulations for solar energy uses. The moratorium bars the processing of applications and the issuance of permits, certificates of occupancy, and approvals for "land uses relating to solar energy" for eight months from the law's effective date unless an application already completed SEQRA review and received a determination of significance.

The text defines "land uses relating to solar energy" broadly to include facilities designed to generate electric power for market, sale, or off-site use. It explicitly excludes solar facilities designed solely to supply power to the improvements on the same property (for example, typical residential rooftop systems) and excludes existing building-mounted panels on commercial or industrial buildings. A "solar farm" is defined in the law as a collection of solar panels covering one-quarter acre or more, including freestanding and ground pole-mounted photovoltaic and parabolic installations.

The law sets the moratorium term at eight consecutive months and allows the Town Board to extend it for up to an additional eight months by resolution if necessary. It also provides a variance process: applicants may seek a variance from the moratorium by submitting a request and paying a $500 fee; such requests will be considered by the Town Board in accordance with requirements for a use variance.

The local law states it will control and supersede conflicting local provisions to the extent of any conflict and cites the New York State Town Law (Article 16) in describing impacts on related local procedures. It also includes standard severability language and makes the law effective upon filing with the New York State Secretary of State under the Municipal Home Rule Law.

Clerk Sandra Regan told the Board that the town's attorney, Attorney Macri, had notified the Herkimer-Oneida County Planning Board, which returned "no recommendations," clearing the way for the town to adopt the moratorium. The law text and its definitions are recorded in the meeting record.

The Board did not discuss specific permit applications or identify particular projects as part of this vote; the moratorium applies to any application that, as of the law's effective date, has not completed SEQRA review and received a determination of significance. The Board did not set a timetable at the meeting for completing the zoning review that prompted the moratorium.

The Board adjourned at 7:10 p.m.