[HISTORY: Adopted by the Town Board of the Town of Geneseo 12-11-2003 by L.L. No. 3-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 106.
Subject to the provisions set forth hereinafter, WECS shall
be a use which shall be allowed only in Agricultural (A) Zoning Districts.
Any WECS shall be treated as a single unit and will require
a special use permit issued by the Town Planning Board and shall be
subject to site plan review under § 106-35 of the Code of
the Town of Geneseo.[1]
A.
In addition to any information, drawings or plans required by § 106-35
of the Code of the Town of Geneseo,[1] each application for a permit shall be accompanied by
an accurate site plan prepared by a professional land surveyor or
professional engineer licensed to practice in New York State, containing
the following information:
B.
The application shall also include the following information:
(1)
A dimensional representation of the various structural components,
including the conversion system, supporting structures or tower, guy
wires, if any, base and footings.
(2)
Design data which shall include the basis of design, foundation,
manufacturer's dimensional drawings, installation, backup braking
system, and operation instructions.
(3)
Certification by a professional engineer registered to practice in
New York State or a manufacturer's certification that the design
of the supporting structure or tower is sufficient to withstand wind
load requirements as set forth in the New York State Building Construction
Code and any other stresses imposed by the conversion unit on the
structure.
C.
In addition to the site plan material listed above, the Planning
Board may, at its discretion, require the following materials:
(1)
A digital-elevation-model-based project visibility map showing the
impact of topography upon visibility of the project from other locations
to a distance radius of three miles from the center of the project.
The scale used shall depict the three-mile radius as no smaller than
2.7 inches, and the base map used shall be a published topographic
map showing cultural features.
(2)
No fewer than four color photos no smaller than four inches by six
inches, taken from locations within a three-mile radius of the proposed
project which are selected by the Planning Board and which are computer-enhanced
to simulate the appearance of the aboveground site facilities as they
would appear upon completion from these locations.
(3)
Visual environmental assessment form (EAF) addendum under the New
York State Environmental Quality Review Act.
The minimum setback distance between a wind power unit and all
surrounding property lines, overhead utility lines, dwellings, and
other generation units, shall be equal to no less that 1.5 times the
proposed structures height plus the rotor radius. No experimental,
home-built, or prototype wind turbines shall be allowed without documentation,
substantiated by a professional engineer licensed to practice in New
York State, of their maximum probable blade throw distance in the
event of failure and determination by the Planning Board of appropriate
setback distances based on that documentation.
A WECS shall not produce a noise level at any lot line greater
than the ambient nighttime level of the area.
Contiguous resident property owners may construct a wind energy
conversion system for their use in common. If property held by more
than one single owner is used to meet setback requirements, a site
plan establishing easements or reserved areas must be submitted to
the Planning Board for approval. The common property owners must appoint
one owner to be the joint spokesperson and agent authorized to act
for the group. Applicants shall provide written evidence of the legal
arrangement for common use, by contract or other written legal instrument.
A.
Interconnection. The WECS, if connected to an electrical utility
distribution system, shall meet the New York State Standard Interconnection
Requirements (SIR).
B.
Any WECS tower and all guy wires capable of conducting electricity
shall be adequately grounded.
C.
At least one high-voltage warning sign shall be placed at eye level
on any tower when the voltage generated by a WECS will exceed 50 volts.
D.
All wind turbines shall have an automatic braking, governing, or
feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades, and turbine
components.
E.
Towers shall be enclosed by security fencing not less than six feet
in height and shall also be equipped with an appropriate anti-climbing
device; provided, however, that the Planning Board may waive such
requirements as it deems appropriate.
The total height of the structure shall not exceed 120 feet,
as measured from the highest point of the arc of the blades to the
ground level at the base, unless otherwise prohibited by any state
or federal statute or restriction. The Planning Board may permit a
higher height, at its discretion, taking into consideration the location
of the unit(s) and the impact on the viewshed.
The minimum distance between the ground and any protruding blades
utilized on a WECS shall be 15 feet as measured radially from the
point of the arc of the blades to the ground.
No individual tower facility shall be installed in any location
that would substantially detract from or block view of a portion of
a recognized scenic viewshed, as viewed from any public road right-of-way
or publicly owned land within the Town of Geneseo or that extends
from the Town of Geneseo.
Use of nighttime and overcast daytime condition stroboscopic
lighting shall be required only if otherwise required by law to satisfy
tower facility lighting requirements for the Federal Aviation Administration.
Such lighting shall be subject to on-site field testing before the
Planning Board as a prerequisite to that Board's approval.
No individual tower facility shall be installed in any location
where its proximity to existing fixed broadcast, retransmission, or
reception antennas (including residential antennas) for radio, television,
or wireless phone or other personal communication systems would produce
electromagnetic interference with signal transmission or reception.
Alternately, WECS generators and alternators shall be properly filtered
and/or shielded in order to avoid electromagnetic interference and
shall comply with the rules and regulations of the Federal Communications
Commission contained in 47 CFR parts 15 and 18.
Prior to issuance of a building permit, the applicant shall
provide the Town proof, in the form of a duplicate insurance policy
or a certificate issued by an insurance company, of liability insurance
of a level to be determined by the Town Board in consultation with
the Town's insurer to cover damage or injury which might result
from the failure of a tower or towers or any other part(s) of the
energy generation and transmission facility.
A.
A WECS may not begin its initial operation until inspections required
by the Town have been made and all necessary approvals have been given.
B.
After initial operations have begun, the Code Enforcement Officer
or his designated representative shall have the right at any reasonable
time to enter the premises on which a WECS has been placed to inspect
any or all parts of said installation. After conducting an inspection,
the Code Enforcement Officer may order the owner of a WECS to render
it inoperative for reasons related to safety, noise, or electromagnetic
interference.
C.
The owner of the WECS shall not return it to service until any and
all of the reasons for the shutdown have been addressed and corrected.
D.
Prior to allowing a WECS to resume operations, the Code Enforcement
Officer may require the owner of the WECS to have an inspection made
and a report issued by a professional engineer licensed to practice
in the State of New York, certifying that the WECS and/or tower is
safe.
A.
Failure to comply with these regulations will be subject to a penalty
up to $250 per day.
B.
In addition to the above, the Town may elect to seek injunctive relief
in the Supreme Court of the State of New York. In the event that the
Town so elects and prevails, the violator shall be subject to a civil
penalty equal to the Town's expenses of such enforcement action
including statutory costs and attorneys' fees.
Emergency shutdown procedures shall be filed with the Code Enforcement
Office.
Any WECS that is not operated for a continuous period of 12
months shall be considered abandoned, and the owner of such WECS shall
remove same within 90 days of receipt of notice notifying the owner
of such abandonment. Failure to remove an abandoned WECS within said
90 days shall be grounds to remove the WECS at the owner's expense.
As a condition to the approval of any special use permit, the Planning
Board may require the posting of a performance bond to secure compliance
with this section.
