[HISTORY: Adopted by the Town Board of the
Town of Wales 8-26-2008 by L.L. No. 4-2008. Amendments noted where
applicable.]
A.
The placement, construction, and major modification
of all commercial WECS within the boundaries of the Town of Wales
shall be permitted only by special use permit in the AG Zoning District
upon concurrent site plan approval issued by the Town of Wales Town
Board as provided herein, after SEQR review, with the Town of Wales
Town Board designated as lead agency, and upon issuance of a building
permit, and shall be subject to all provisions of this code.
B.
Applications under this code shall be made as follows:
(1)
Applicants for a special use permit to place, construct,
or modify commercial WECS within the Town of Wales shall submit the
following information to the Town Board:
(a)
Name and address of the applicant.
(b)
Evidence that the applicant is the owner of
the property involved or has the written permission of the owner to
make such an application.
(c)
Full environmental assessment form (EAF) including
the visual EAF Addendum, landscaping plan, and visual assessment report,
including appropriate models and photography assessing the visibility
from key viewpoints identified in the visual EAF, existing tree lines
and proposed elevations. The visual EAF shall include a detailed or
photographic simulation showing the site fully developed with all
proposed wind turbines and accessory structures.
(d)
A site plan in sufficient detail to show the
following:
[1]
Location of the tower(s) on the site and the
tower height, including blades, wind turbine diameter and ground clearance;
[2]
Utility lines, both above and below ground,
within a radius equal to the proposed tower height, including the
blades;
[3]
Property lot lines and the location and dimensions
of all existing structures and uses on site;
[4]
The location and dimension of all existing structures
and uses on all adjacent properties, including across the street or
other rights-of-way;
[5]
Dimensional representation of the various structural
components of the tower construction, including the base and footing;
[6]
Certification by a licensed New York State professional
engineer that the tower's design is sufficient to withstand wind loading
requirements for structures as established by the New York State Uniform
Construction Code;
[7]
Existing topography;
[8]
Proposed plan for grading and removal of natural
vegetation;
[9]
Proposed plan for restoration after construction
according to NYS Agriculture and Markets and NYS Department of Environmental
Conservation guidelines;
[10]
Wind characteristics and dominant wind direction
from which 50% or more of the energy contained in the wind flows;
[11]
[12]
Detailed construction plan, including but not
limited to a construction schedule, hours of operation, designation
of heavy haul routes, a list of material equipment and loads to be
transported, identification of temporary facilities intended to be
constructed, and contact representative in the field with name and
phone number; and
[13]
All groves of trees shall be located on the
site plan at time of application. No grove or woodlots of trees shall
be removed without approval of the Town Board.
(e)
Specific information on the type, size, height,
rotor material, rated power output, performance, safety, and noise
characteristics of all commercial WECS components.
(f)
Photographs or detailed drawings of each commercial
WECS component including the tower and foundation.
(g)
A noise report shall be furnished which shall
include the following:
[1]
A description and map of the project's noise-producing
features, including the range of noise levels expected and the tonal
and frequency characteristics expected. The noise report shall include
low frequency, infra-sound, pure tone, and repetitive/impulsive sound;
[2]
A description and map of the noise-sensitive
environment, including any sensitive noise receptors, i.e., residences,
hospitals, libraries, schools, place of worship, and other facilities
where quiet is important, within two miles of the proposed facilities;
[3]
A survey and report prepared by a qualified
engineer that analyzes the preexisting ambient noise regime (including
seasonal variation), including but not limited to separate measurements
of low frequency and A-weighted noise levels across a range of wind
speeds (including near cut-in), turbulence measurements, distance
from the turbines, location of sensitive receptors relative to wind
direction, and analyses at affected sensitive receptors located within
two miles of the proposed project site;
[4]
A description and map showing the potential
noise impacts, including estimates of expected noise impacts upon
construction and operation workers and estimates of expected noise
levels at sensitive receptor locations;
[5]
A description and map of the cumulative noise
impacts;
[6]
A description of the projects proposed noise-control
features, including specific measures proposed to protect workers
and specific measures proposed to mitigate noise impacts for sensitive
receptors consistent with levels in this chapter;
[7]
Identification of any problem areas;
[8]
Manufacturers' noise design and field testing
data, both audible (dBA) and low frequency (deep bass vibration) for
all proposed structures; and
[9]
A report that outlines issues and considerations
for individuals that use hearing aids.
(h)
A geotechnical report shall be furnished which
shall, at minimum, include the following:
(i)
Ice throw calculations. A report from a licensed
New York State professional engineer that calculates the maximum distance
that ice from the wind turbine blades could be thrown. (The basis
of the calculation and all assumptions must be disclosed.)
(j)
Blade throw calculations. A report from a licensed
New York State professional engineer that calculates the maximum distance
that pieces of the turbine blades could be thrown. (The basis of the
calculation and all assumptions must be disclosed.)
(k)
Catastrophic tower failure. A report from the
turbine manufacturer stating the wind speed and conditions that the
wind turbine is designed to withstand (including all assumptions).
(l)
Federal Aviation Administration (FAA) notification.
A copy of written notification to the FAA.
(m)
Utility notification. Utility interconnection
data and a copy of a written notification to the utility of the proposed
interconnection.
(n)
Notification to microwave communications link
operators. An application that includes any commercial WECS which
is located within two miles of any microwave communications link shall
be accompanied by a copy of a written notification to the operator
of the link.
(o)
Floodplain. An application that includes any
commercial WECS which is located within a one-hundred-year floodplain
area, as such flood hazard areas are shown on the floodplain maps,
shall be accompanied by a detailed report which shall address the
potential for wind erosion, water erosion, sedimentation, and flooding,
and which shall propose mitigation measures for such impacts.
(p)
Other information. Such additional information
as may be reasonably requested by the Town Engineers or Town Board.
C.
Special use permits issued for commercial WECS shall be subject to the applicable provisions of Article VII of Chapter 200 and the following conditions.
(2)
Setbacks. Any commercial WECS shall adhere to the
following setbacks:
(a)
From all property lines:
[1]
A minimum of 2,000 feet for the commercial WECS
from any property line, excluding adjoining lot lines of project participants.
(b)
From residential zoning districts:
[1]
A minimum 1,000 feet from any residential district
boundary line.
(d)
From public roads and public railroads:
[1]
A minimum of 2,000 feet for the commercial WECS
from any public road or public railroad;
[2]
Where the lot line abuts a public right-of-way,
the setbacks specified above shall be measured from the center line
of such right-of-way; and
[3]
The required setbacks shall be 1,000 feet for
private roads, private driveways or private railroads.
(3)
Maximum overall height:
(a)
The maximum overall height of any commercial
WECS shall be 500 feet, consistent with Federal Aviation Administration
(FAA) regulations. The maximum height shall be measured from the ground
elevation to the top of the tip of the blade in the vertical position.
(4)
Signage.
(a)
No advertising sign or logo shall be placed
or painted on any commercial wind energy facility.
(5)
Color and finish.
(a)
Wind turbines and towers shall be painted a
nonobtrusive (e.g., light environmental color such as white, gray
or beige) color that is nonreflective.
(b)
The design of commercial WECS buildings and
related structures shall, to the extent reasonably possible, use materials,
colors, textures, screening and landscaping that will blend the facility
to the natural setting and the existing environment.
(6)
Lighting.
(a)
The applicant shall submit a commercial wind
energy facility lighting plan that describes all lighting that will
be required, including any lighting that may be required by the FAA.
Such plan shall include, but is not limited to, the planned number
and location of lights, light color, whether any such lights will
be flashing, and mitigation measures planned to control the lights
so that it does not spill over onto the neighboring properties.
(7)
Compliance with regulatory agencies.
(a)
The applicant is required to obtain all necessary
regulatory approvals and permits from all federal, state, county and
local agencies having jurisdiction and approval related to the completion
of the commercial WECS.
(8)
Safety and security requirements. The applicant shall
adhere to the following safety and security requirements.
(a)
Safety shutdown. Each commercial WECS shall
be equipped with both manual and automatic controls to limit the rotational
speed of the blade within the design limits of the wind turbine. A
manual, electrical and/or over-speed shutdown disconnect switch shall
be provided and clearly labeled on the commercial WECS. No wind turbine
shall be permitted that lacks an automatic braking, governing or feathering
system to prevent uncontrolled rotation, over-speedway and excessive
pressure on the tower structure, rotor blades and wind turbine components.
(b)
All structures which may be charged with lighting
shall be grounded according to applicable electrical codes.
(c)
All wiring between the wind turbines and the
commercial WECS substation shall be underground. The applicant is
required to provide a site plan showing the locations of all overhead
and underground electric utility lines, including substations for
the project.
(d)
All transmission lines from commercial WECS
to on-site substations shall be underground.
(e)
Ground clearance. The blade tip of any wind
turbine shall, at its lowest point, have ground clearance of not less
than 50 feet.
(f)
Climbability. Wind turbine towers shall not
be climbable up to 15 feet above ground level.
(g)
Access doors locked. All access doors to commercial
WECS structures and electrical equipment shall be lockable and shall
remain locked at all times when operator personnel are not present.
(h)
Self-supporting structures. All towers shall
be of monopole construction (single pole). No lattice structures or
guy wire supported structures shall be permitted.
(i)
Signage. Appropriate warning signage shall be
placed on commercial WECS and at all entrances. Signage shall also
include two twenty-four-hour emergency contact numbers to the owner
of the commercial WECS in accordance with local, state and federal
codes.
(j)
Ice throw. Permit shall determine the acceptable
ice throw range based on the activities in the area, location and
calculations of the ice throw.
(9)
Noise requirements. The applicant shall adhere to
the following noise requirements:
(a)
Compliance with noise regulations required.
A commercial WECS permit shall not be granted unless the applicant
demonstrates that the proposed project complies with all noise regulations.
(b)
Noise study required. The applicant shall submit
a noise study based on the requirements set out herein. The Town Board
shall determine the adequacy of the noise study, and, if necessary,
may require further submissions. The noise study shall consider the
following:
(c)
Noise setbacks. The Town Board may impose a
noise setback that exceeds the other setbacks set out in this code
if it deems that such greater setbacks are necessary to protect the
public health, safety and welfare of the community.
(d)
Audible noise standard. The audible noise resulting
from the operation of any commercial WECS shall not be created which
causes the noise level at the boundary of the proposed project site
to exceed that of the mean twenty-four-hour dBA operating noise that
currently exists for more than five minutes out of any one-hour time
period.
(e)
Operations: low-frequency noise. A commercial
WECS shall not be operated so that impulsive sound below 20 Hz adversely
affects the habitability or use of any dwelling unit, hospital, school,
library, nursing home or other sensitive noise receptor.
(f)
Noise complaint and investigation process required.
The applicant shall submit a noise complaint and investigation process.
The Town Board shall determine the adequacy of the noise complaint
and investigation process.
(10)
Fire hazard protection. The applicant shall
submit a Fire Control and Prevention Program that is appropriate and
adequate for the proposed facility. The proposed program may include,
but is not limited to, the following:
(a)
Fireproof or fire-resistant building materials;
(b)
Buffers or fire-retardant landscaping;
(c)
Availability of water;
(d)
An automatic fire-extinguishing system for all
buildings or equipment enclosures of substantial size containing control
panels, switching equipment or transmission equipment without regular
human occupancy; and
(e)
Provision of training and fire-fighting equipment
for local fire protection personnel.
(11)
Impact on wildlife species and habitat. The
applicant shall adhere to the following regarding the impact on wildlife
species and habitat:
(a)
Endangered or threatened species. Development
and operation of a commercial WECS shall not have a significant adverse
impact on endangered or threatened fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
in the Town of Wales Comprehensive Plan and/or the studies and plans
of the regional planning commissions based on criteria established
by the federal or state regulatory agencies.
(b)
Migratory birds. Development and operation of
a commercial WECS shall be evaluated based on SEQR findings.
(12)
Unsafe and inoperable commercial WECS; site
reclamation. The applicant shall adhere to the following:
(a)
Removal and site restoration. Unsafe commercial
WECS, inoperable commercial WECS, and commercial WECS for which the
permit has expired shall be removed by the owner. All safety hazards
created by the installation and operation of the commercial WECS shall
be eliminated, and the site shall be restored to its natural condition
to the extent feasible. A bond or other appropriate form of security
shall be required to cover the cost of the removal and site restoration.
(b)
Removal and site restoration plan required.
The applicant shall submit a removal and site restoration plan and
removal and site restoration plan cost estimate to the Town of Wales
Town Board for its review and approval. The restoration plan shall
identify the specific properties it applies to and shall indicate
removal of all buildings, structures, wind turbines, access roads
and/or driveways, foundations to four feet below finish grade, road
repair costs, if any, and all regrading and revegetation necessary
to return the subject property to the condition existing prior to
establishment of the commercial WECS. The restoration shall reflect
the site-specific character, including topography, vegetation, drainage
and any unique environmental features. The plan shall include a certified
estimate of the total cost (by element) of implementing the removal
and site restoration plan.
(c)
Public nuisance. Every unsafe commercial WECS
and every inoperable commercial WECS is hereby declared a public nuisance
which shall be subject to abatement by repair, rehabilitation, demolition
or removal. An inoperable commercial WECS shall not be considered
a public nuisance provided that the owner can demonstrate that modernization,
rebuilding or repairs are in progress or planned and will be completed
within no more than six months.
(d)
"Inoperable" defined. A commercial WECS shall
be deemed inoperable if it has not generated power within the preceding
six months.
(13)
Interference with residential television, microwave,
radio reception and electrical medical devices.
(a)
The applicant must submit information that the
proposed construction of the commercial WECS will not cause interference
with microwave transmissions, cellular transmissions, residential
television interference, or radio reception of domestic or foreign
signals. The applicant shall include specific measures proposed to
prevent interference, a complaint procedure, and specific measures
proposed to mitigate interference impacts.
(14)
Interference with aviation navigational systems.
The applicant shall adhere to the following:
(a)
No interference with aviation facilities. No
commercial WECS shall be installed or operated in a manner that causes
interference with the operation of any aviation facility.
(b)
Compliance with FAA regulations. All commercial
WECS siting shall comply with FAA regulations.
(c)
Locking mechanisms to limit radar interference
required. All commercial WECS shall include a locking mechanism which
prevents the blades from rotating when not producing power in order
to limit airport radar interference or "clutter." This provision does
not apply while the commercial WECS is freewheeling during the startup
and shutdown. The Town Board may modify or eliminate the requirement
for a locking mechanism if sufficient evidence is presented that no
significant airport radar interference or clutter will be caused by
the commercial WECS.
(15)
Erosion control. The applicant shall adhere
to the following:
(a)
Erosion control plan required. Before the Town
of Wales shall issue a grading or building permit for the commercial
WECS, the applicant shall submit an Erosion Control Plan to the Town
Board and Town Engineer for review and approval. The plan shall minimize
the potential adverse impacts on wetlands and Class I and II streams
and the banks and vegetation along those streams and wetlands and
minimize erosion or sedimentation.
(b)
If the proposed project disturbs over one acre,
the applicant must comply with the New York State Department of Environmental
Conservation (NYSDEC) SPDES General Permit for Stormwater Discharges
from Construction Activity (Permit No. GP-02-01). A copy of the Notice
of Intent (NOI) and Stormwater Pollution Presentation Plan (SWPPP),
as required by the general permit, must be filed with the Town of
Wales prior to construction. Per the general permit, construction
cannot begin until the required time period for NYSDEC review has
passed.
(16)
Certification. The applicant shall provide the
following certifications:
(a)
Certification of structural components. The
foundation, tower, wind turbine and compatibility of the tower with
related equipment shall be certified in writing by a structural engineer
registered in New York State. The engineer shall certify compliance
with good engineering practices and compliance with the appropriate
provisions of the Uniform Construction Code that have been adopted
in New York State.
(b)
Certification of postconstruction. After completion
of the commercial WECS, the applicant shall provide a postconstruction
certification from a licensed New York State professional engineer
that the project complies with applicable codes and industry practices
and has been completed according to the design plans.
(c)
Certification of electrical system. The electrical
system shall be certified in writing by an electrical engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices and with the appropriate provisions of the electric
codes that have been adopted by New York State.
(d)
Certification of wind turbine overspeed control.
The wind turbine overspeed control system shall be certified in writing
by a mechanical engineer registered in New York State. The engineer
shall certify compliance with good engineering practices.
(e)
Certification of project. Certificate of completion
must be supplied by the applicant and approved by the Town of Wales
Code Enforcement Officer.
D.
Monitoring requirements for commercial WECS.
(1)
Right to enter premises for monitoring. Upon reasonable
notice, Town of Wales officials or their designated representatives
may enter a lot on which a commercial WECS permit has been granted
for the purpose of compliance with any permit requirements. Twenty-four
hours advance notice by telephone to the owner/operator or designated
contact person shall be deemed reasonable notice.
(2)
Avian/bat impact study plan. The applicant shall submit
a plan for monitoring the avian impact of the commercial WECS to the
Town Board for its review and approval. Such plan shall document and
follow accepted scientific study procedures.
(3)
Periodic reporting required. The Town Board may request
that the applicant periodically submit documentation reporting the
environmental impacts of the operational WECS and shall contain content
to be in the form prescribed by the Town Board.
(4)
Power production report required. The Town Board may
request that the applicant periodically submit documentation that
the commercial WECS is producing power.
(5)
Inspections. Unless waived by the Town Board, a commercial
WECS shall be inspected annually by a licensed New York State professional
engineer that has been approved by the Town Board or at any other
time, upon a determination by the Town's Code Enforcement Officer,
that the wind turbine, tower or other WECS component have sustained
structural damage, and a copy of the inspection report shall be submitted
to the Town Code Enforcement Officer. Any fee or expense associated
with this inspection shall be borne entirely by the permit holder.
(6)
General complaint process:
(a)
During construction, the Town of Wales Code
Enforcement Officer can issue a stop order at any times for any violation
of the permit.
(b)
Postconstruction. After construction is complete,
the permit holder shall establish a contact person, including name
and phone number, for receipt of any complain concerning any permit
requirements. Upon receipt of complaint from the Town of Wales Code
Enforcement Officer, the permit holder/contact person shall have seven
working days to reply to the Town in writing.
E.
Application and permit fees and costs:
(1)
Application fee. The applicant shall pay all costs
associated with the Town of Wales' review and processing of the application.
The applicant shall submit a deposit with the application in the amount
as determined by resolution by the Town Board. The Town of Wales may
require additional deposits to cover the costs of reviewing and processing
the application. Such additional deposits, if requested, shall be
promptly submitted by the applicant. Following action on the application,
any unused amount of the deposit(s) shall be returned to the applicant
with a summary of the costs incurred.
(2)
Permit fee. The applicant shall pay a permit fee,
in the amount as determined by resolution by the Town Board, to cover
the costs incurred by the Town associated with a commercial WECS special
use permit and building permit such as administration, inspections
and enforcement.
(3)
Proof of applicable permits. Prior to the issuance
of a building permit, the applicant shall document that all applicable
federal, state, county and local permits have been obtained.
(4)
Proof of insurance. Prior to the issuance of a building
permit, the applicant shall provide the Town Clerk with proof of insurance
in a sufficient dollar amount to cover potential personal and property
damage associated with construction and operation thereof.
(5)
The Town of Wales reserves the right to, by local
law, provide that no exemption pursuant to the provisions of the New
York State Real Property Tax Law (RPTL) § 487 shall be applicable
within its jurisdiction.
F.
Findings.
(1)
Findings necessary to grant a commercial WECS permit.
In order to grant a commercial WECS permit, the Town of Wales shall
review the application, all filings by any other party, and conduct
a public hearing. A commercial WECS special use permit shall not be
granted unless the Town of Wales Town Board makes the following findings
based on substantial evidence:
(a)
The proposed commercial WECS project is consistent
with the Town of Wales Comprehensive Plan.
(b)
The proposed commercial WECS project will not
unreasonably interfere with the orderly land use and development plans
of the Town of Wales.
(c)
That the benefits to the applicant and the public
of the proposed commercial WECS project will exceed any burdens.
(d)
The proposed commercial WECS project will not
be detrimental to the public health, safety or general welfare of
the community.
G.
The Town Board may grant the special use permit, deny
the special use permit, or grant the special use permit with written
stated conditions. Denial of the special use permit shall be by written
decision based upon substantial evidence submitted to the Board. Upon
issuance of the special use permit, the applicant shall obtain a building
permit for each tower.
H.
The Town Board shall have the authority to waive any
of the requirements of this commercial WECS Code, provided that any
waivers are only granted for extenuating circumstances and do not
reduce the intent or protection of the code.
(1)
In granting any waivers, the Town Board shall take
into consideration:
(a)
The benefit of the waiver weighed against the
detriment to the health, safety and welfare of the adjacent properties
and community; and
(b)
Whether an undesirable change will be produced
in the character of the project or neighborhood, or a detriment to
nearby properties will be created by the waiving of certain requirements.
(2)
The Town Board, in waiving any requirements, shall
grant the minimum waivers deemed necessary. The Board must provide,
in writing, its reasoning for issuing waivers.
I.
Before a commercial WECS special use permit can be
assigned or transferred to another operator or owner, notification
shall be given to the Town Board and the new operator or owner shall
be made aware of and accept the conditions of the WECS special use
permit.
J.
Amendments to commercial WECS special use permit.
Any changes, modifications, or alterations postconstruction to the
commercial WECS shall be done only by amendment to the special use
permit subject to all requirements of this code.
K.
Repair or replacement to a commercial WECS. Any repairs
made to any component of a commercial WECS or any replacement of any
component of a commercial WECS with a similar component, provided
the use, size, and character are not altered and requirements of the
special use permit are not violated, shall be done only by review
and approval of the Building Inspector.
The Town Board acknowledges that prior to construction
of a commercial wind energy conversion system, a wind site assessment
is conducted to determine the wind speeds and feasibility of using
particular sites. Installation of wind measurement towers, also known
as anemometer ("Met") towers, shall be permitted by special use permit
in the same zoning districts as the commercial WECS.
A.
An application for a wind measurement tower shall
include:
(1)
Name, address and telephone number of the applicant.
If the applicant is represented by an agent, the application shall
include the name, address and telephone number of the agent as well
as an original signature of the applicant authorizing the representation.
(2)
Name, address and telephone number of the property
owner. If the property owner is not the applicant, the applicant shall
include a letter or other written permission signed by the property
owner confirming that the property owner is familiar with the proposed
applications and authorizing the submission of the application.
(3)
Address of each proposed tower site, including Tax
Map section, block and lot number.
(4)
Site plan.
(5)
Decommission plan, including a security bond or cash
for removal.
A.
Testing fund. A commercial WECS special use permit
shall contain a requirement that the applicant fund periodic noise
testing by a qualified independent third-party acoustical measurement
consultant, which may be required as often as every two years or more
frequently upon the request of the Town of Wales Town Board in response
to complaints by residents. The scope of the noise testing shall be
to demonstrate compliance with the terms and conditions of the special
use permit and this code and shall also include an evaluation of any
complaints received by the Town. The applicant shall have 90 days
after written notice from the Town Board to cure any deficiency. An
extension of the ninety-day period may be considered by the Town Board
but the total period may not exceed 180 days.
B.
Operation. A commercial WECS shall be maintained in
operational condition at all times, subject to reasonable maintenance
and repair outages. Operational condition includes meeting all noise
requirements and other permit conditions. Should a commercial WECS
become inoperable, or should any part of the commercial WECS be damaged,
or should a commercial WECS violate permit conditions, the owner or
operator shall remedy the situation within 90 days after written notice
from the Town Board. The applicant shall have 90 days after written
notice from the Town Board to cure any deficiency. An extension of
the ninety-day period may be considered by the Town Board but the
total period may not exceed 180 days.
C.
Notwithstanding any other abatement provision under
this code, if the commercial WECS is not repaired or made operational
or brought into permit compliance after said notice, the Town Board
may, after a public hearing at which the operator or owner shall be
given opportunity to be heard and present evidence including a plan
to come into compliance, order either medial action within a particular
time frame, or order revocation of the commercial WECS special use
permit and require removal of the commercial WECS within 90 days.
If the commercial WECS is not removed, the Town Board shall have the
right to use the security posted as part of the decommission plan
to remove the commercial WECS.
All fees shall be approved by the Town Board.
Nothing in this code shall be read as limiting the ability of the
Town to enter into host community agreements with any applicant to
compensate the Town for expenses or impacts on the community. The
Town shall require any applicant to enter into an escrow agreement
to pay the engineering and legal costs of any application review,
including the review required by SEQRA.
A.
Any person owning, controlling or managing any building,
structure or land who shall undertake the construction or operation
of a commercial WECS in violation of this code or in noncompliance
with the terms and conditions of any permit issued pursuant to this
code or any order of the Code Enforcement Officer, and any person
who shall assist in so doing shall be guilty of an offense and subjected
to a fine of not more than $250 or to imprisonment for a period of
not more than six months or both. Every such person shall be deemed
guilty of a separate offense for each week such violation shall continue.
The Town may institute a civil proceeding to collect civil penalties
in the amount of $250. For each violation and each week said violation
continues shall be deemed a separate violation.
B.
In case of any violation or threatened violation of
any of the provisions of this code, including the terms and conditions
imposed by any permit issued pursuant to this code, in addition to
other remedies and penalties herein provided, the Town may institute
any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain,
correct or abate such violation to prevent the illegal act.
As used in this chapter, the following terms
shall have the meanings indicated:
A wind energy conversion system consisting of one wind turbine,
one tower and associated control or conversion electronics, which
has a rated capacity greater than 250 kilowatts, and a total height
or more than 150 feet, and is intended to solely supply electrical
power into a power grid for sale.
A wind energy conversion system consisting of one wind turbine,
one tower and associated control or conversion electronics, which
has a rated capacity of not more than 250 kilowatts and a total height
of not more than 150 feet, and is intended to solely supply electrical
power for the use on the subject property.
The height of the wind energy conversion system measured
from the ground elevation to the top of the tip of the blade in the
vertical position.
A structure to support antennas, a wind turbine and other
mechanical devices. It includes, without limit, freestanding towers,
guyed towers, monopole and lattice types and similar structures which
do or which do not employ camouflage technology.
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
One or more mechanical devices which are designed and used
to convert wind energy into a form of electric energy.
Any wind energy conversion system, wind measurement tower,
or wind energy system, including all related infrastructure, electrical
lines and substations, access roads and accessory structures.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
Any piece of electrical generating equipment that converts
wind energy into electrical energy through the use of airfoils, rotating
turbine blades or similar devices to capture the wind.
A.
A noncommercial wind energy conversion system is a
wind energy conversion system consisting of one wind turbine, one
tower and associated control or conversion electronics which has a
rated capacity of not more than 250 kilowatts and a total height of
not more than 150 feet, including blades, and is intended to solely
supply electrical power for the use on the subject property.
[Amended 10-11-2011 by L.L. No. 4-2011]
B.
All provisions of this chapter in regard to commercial
wind energy conversion systems shall be applicable to noncommercial
wind energy conversion systems as determined by the Town Board in
its sole discretion on a case-by-case basis, taking into account the
facts and circumstances of each noncommercial wind energy conversion
system.
D.
Site plan. A site plan drawing in sufficient detail
to show the following:
(1)
Location of the tower(s) on the site and the tower
height, including blades, wind turbine diameter and ground clearance;
(2)
Utility lines, both above and below ground, within
a radius equal to the proposed tower height, including the blades;
and
(3)
Property lot lines and the location and dimensions
of all existing structures and uses on site.
