This chapter may be cited as the "Wind Energy
Facility Law of the Town of Albion, New York."
The Town Board of the Town of Albion adopts
this chapter to promote the effective and efficient use of the Town's
wind energy resource through wind energy conversion systems (WECS)
without harming public health and safety and to avoid jeopardizing
the welfare of the residents.
The Town Board of the Town of Albion enacts
this chapter under the authority granted by:
A.Â
Article IX of the New York State Constitution, § 2(c)(6)
and (10).
B.Â
New York Statute of Local Governments, § 10,
Subdivisions 1, 6 and 7.
C.Â
New York Municipal Home Rule Law, § 10,
Subdivision 1(i) and (ii) and § 10, Subdivision 1a(6), (11),
(12), and (14).
D.Â
The supersession authority of the New York Municipal
Home Rule Law, § 10, Subdivision 2d(3), specifically as
it relates to determining which body shall have power to grant variances
under this chapter, to the extent such grant of power is different
from Town Law § 267.
E.Â
New York Town Law, Article 16, Zoning and Planning.
F.Â
New York Town Law, § 130, Subdivision 1,
Building Code; Subdivision 3, Electrical Code; Subdivision 5, Fire
prevention; Subdivision 7, Use of streets, highways, sidewalks and
public places; Subdivision 7-a, Location and construction of driveways,
Subdivision 11, Peace, good order and safety; Subdivision 15, Promotion
of public welfare; Subdivision 15-a, Excavated lands; Subdivision
16, Unsafe buildings and collapsed structures; Subdivision 19, Trespass;
and Subdivision 25, Building lines.
G.Â
New York Town Law § 64, Subdivision 17-a,
Historic places; and Subdivision 23, General powers.
A.Â
The Town Board of the Town of Albion finds and declares
that:
(1)Â
While wind energy is a potential abundant, renewable
and nonpolluting energy resource and its conversion to electricity
may reduce dependence on nonrenewable energy sources and decrease
the air and water pollution that result from the use of conventional
energy sources, the potential benefits must be balanced against potential
negative impacts.
(2)Â
The generation of electricity from properly sited
small wind turbines can be a cost-effective mechanism for reducing
on-site electric costs with a minimum of environmental impacts.
(3)Â
Regulation of the siting and installation of wind
turbines is necessary for protecting the health, safety, and welfare
of neighboring property owners and the general public.
(4)Â
Large-scale multiple-tower wind energy facilities
represent significant potential aesthetic impacts that may be adverse
or negative because of their large size, noise, lighting, and shadow-flicker
effects.
(5)Â
There are numerous sites in the Town of Albion that
would be significantly impaired if the viewshed included utility-scale
wind turbines. This is particularly true in Albion compared to other
communities because the flat nature of the landscape significantly
increases the viewshed, in which a large structure will be seen from
Mt. Albion Cemetery. Mt. Albion Cemetery is listed in the National
Register and is one of multiple historic and active public and private
cemeteries in the Town (Long Bridge, Annis, Union, Tanner, among others).
These resources would be negatively impacted by the noise, shadow
flicker, and visual imposition of utility-scale wind turbines in the
Town.
(6)Â
The Erie Canal runs through the Town. The canal is
an important historic, cultural, and economic asset. The canal is
a National Heritage Corridor. Clear viewsheds are essential to full
enjoyment of the canal by its users. Allowing utility-scale wind turbines
in the Town would harm the canal, reduce its use, and therefore harm
the community.
(7)Â
The Court House Square and the North Main-Bank Streets
Districts are National Register listed historic districts. These districts
include a number of historic churches, private homes, and commercial
buildings known for the unique character of their architecture and
construction methods. Full appreciation of these resources requires
that the setting remain compatible with their historic character.
Construction of utility-scale wind turbines adjacent to the Town is
inconsistent with preserving the district and the historic districts
in the Town of Albion.
(8)Â
The internationally known Cobblestone Historical District
is adjacent to Albion. In fact, 90% of the cobblestone homes in the
country are located within a ninety-mile radius of that area. This
district is a National Historic Landmark designated by the United
States Department of the Interior in 1993.
(9)Â
Installation of large-scale multiple-tower wind energy
facilities can create drainage problems associated with erosion and
lack of sediment control for facility and access road sites and harm
farmlands through improper construction methods. This is particularly
challenging in the Town, where drainage has been neglected for many
years and where the topography is essentially flat.
(10)Â
The Town of Albion has a high population density,
316 people per square mile, typically not found in wind farm host
communities. Residential density is largely in the village, from which
large-scale industrial turbines would be visible. The pattern of residentially
zoned land outside the village forms straight lines directly in front
of areas with the best wind resource. These areas are the most intrusive
on the Town, are too close to residential areas and would, for example,
compromise the viewshed of the Town's highest valued property. The
location of residences and land designated for residential development
throughout the community is inconsistent with the development of utility-scale
wind turbines in the Town.
(11)Â
There are significant resources in adjoining
towns that would be harmed by the construction of utility-scale wind
turbines in the Town. Those areas would be severely harmed by the
inclusion of a large, industrial-scale wind generating facility across
the landscape of the Town.
(12)Â
North of the Town are areas of significant recreational
activity that may be impaired by the noise and visual impact, including
shadow flicker, of utility-scale wind turbines (e.g., Lake Alice,
Lake Ontario, Oak Orchard River, Marine Park, and Lakeside Park).
(13)Â
Large-scale multiple-tower wind energy facilities
may present risks to the property values of adjoining property owners.
(14)Â
Large-scale wind energy facilities may be significant
sources of noise, which, if unregulated, may negatively impact adjoining
properties, particularly in areas of low ambient noise levels.
(15)Â
Construction of large-scale multiple-tower wind
energy facilities may create traffic problems and damage local roads.
(16)Â
If improperly sited, large-scale multiple-tower
wind energy facilities may interfere with various types of communications
(e.g., television, radio, or navigation).
(17)Â
Sufficient areas exist in the county and region
for the placement of any needed utility-scale wind turbines. The Towns
of Yates, Barre, Ridgeway, Shelby and Murray all have laws allowing
large wind farms. Numerous areas throughout the region have better
access to the electric grid and stronger wind resources than Albion.
Hundreds of megawatts of wind energy generating facilities are being
constructed throughout the region in areas where the facilities do
not present the same intrusion on the landscape and, therefore, have
fewer impacts.
(18)Â
There are private airports in Albion and the
surrounding area that may be negatively impacted by the placement
of multiple tall turbines in the area.
A.Â
No wind energy facility shall be constructed, reconstructed,
modified, or operated in the Town of Albion except in compliance with
this chapter.
B.Â
No WECS other than a small WECS shall be constructed,
reconstructed, modified, or operated in the Town of Albion. No wind
measurement tower shall be constructed, reconstructed, modified, or
operated in the Town of Albion, except in conjunction with and as
part of an application for a small WECS.
C.Â
No small WECS shall be constructed, reconstructed,
modified, or operated in the Town of Albion except pursuant to a special
use permit issued pursuant to this chapter.
D.Â
This chapter shall apply to all areas of the Town
of Albion except within the Village of Albion.
E.Â
Exemptions.
[Amended 8-10-2009 by L.L. No. 8-2009]
(1)Â
No
permit or other approval shall be required under this chapter for
a WECS utilized solely for agricultural operations in a state or county
agricultural district, as long as the facility is set back at least
1Â 1/2 times its total height from a property line and does not
exceed 120 feet in height. Towers over 120 feet in total height utilized
solely for agricultural operations in a state or county agricultural
district shall apply for a site plan in accordance with this chapter
and shall not require a height variance. Prior to the construction
of a WECS under this exemption, the property owner or a designated
agent shall submit a sketch plan and building permit application to
the Town to demonstrate compliance with the setback requirements.
(2)Â
Wind
energy conversion systems for the purpose of water aeration and/or
water pumping shall be exempt from all of the requirements of this
chapter providing a permit is to be obtained from the Code Enforcement
Office and is granted. There is a mandatory application fee of $50
to be paid. In addition to the foregoing, the following criteria must
be met:
(a)Â
The water aeration or water pumping surface can only generate compressed
air or pumping of water.
(b)Â
The system is to be utilized only by residential, recognized agricultural
use, or farm operation as defined in this chapter.
(c)Â
The tower and all associated equipment shall have a fall zone equal
to the tower height and shall meet the established setback requirements
of that district.
(d)Â
The tower height including blades shall not exceed 30 feet
(e)Â
Only one conversion system for each one surface acre of body of water
permitted.
(f)Â
Prior to issuance of the permit, a site inspection is to be completed
by the Code Enforcement Officer.
(g)Â
Upon completion of construction of the tower and prior to its use,
a final inspection shall be completed by the Code Enforcement Officer
who will issue a certificate of compliance for zoning compliance only.
(h)Â
The tower and all associated equipment shall be removed within 12
months of discontinuance of use. The cost and obligation of removing
said tower shall be the sole responsibility of the landowner upon
which the tower is located.
F.Â
Transfer. No transfer of any wind energy facility
or special use permit, or sale of the entity owning such facility,
including the sale of more than 30% of the stock of such entity (not
counting sales of shares on a public exchange), shall occur without
prior approval of the Town, which approval shall be granted upon receipt
of proof of the ability of the successor to meet all requirements
of this chapter and written acceptance of the transferee of the obligations
of the transferor under this chapter. No transfer shall eliminate
the liability of an applicant or of any other party under this chapter.
G.Â
Notwithstanding the requirements of this section,
replacement in kind or modification of a small WECS may occur without
Town Board approval when there will be:
As used in this chapter, the following terms
shall have the meanings indicated:
The land and on-farm buildings, equipment, manure processing
and handling facilities and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse-boarding
operation, as defined in Subdivision 13 of § 301 of the
New York Agriculture and Markets Law, and timber processing, as defined
in Subdivision 14 of § 301 of the New York Agriculture and
Markets Law. Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous
to each other.
An environmental assessment form used in the implementation
of the SEQRA, as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
Any dwelling for habitation, either seasonally or permanently,
by one or more persons. A residence may be part of a multidwelling
or multipurpose building and shall include buildings such as hotels,
hospitals, motels, dormitories, sanitariums, nursing homes, schools
or other buildings used for educational purposes, or correctional
institutions.
The New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and
Regulations, Part 617.
The parcel of land where the WECS is to be placed. The site
could be publicly or privately owned by an individual or a group of
individuals controlling single or adjacent properties. Where multiple
lots are in joint ownership, the combined lots shall be considered
as one for purposes of applying setback requirements.
The level which is equaled or exceeded a stated percentage
of time. An L10 - 45 dBA indicates that, in
any hour of the day, 45 dBA can be equaled or exceeded only 10% of
the time, or for six minutes. The measurement of the sound-pressure
level can be done according to the International Standard for Acoustic
Noise Measurement Techniques for Wind Generators (IEC 61400-11) or
other accepted procedures.
A wind energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 10 kilowatts and which is intended
to primarily reduce on-site consumption of utility power.
The height of the tower and the furthest vertical extension
of the WECS.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
Any wind energy conversion system, small wind energy conversion
system, or wind measurement tower, 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. Temporary (no more
than two years) towers may be allowed as part of a small WECS application,
where the requested tower meets all height, setback and other requirements
of this chapter.
A.Â
The requirements of this chapter shall apply to all
wind energy facilities proposed, operated, modified, or constructed
after the effective date of this chapter.
B.Â
Wind energy facilities for which a required permit
has been properly issued and upon which construction has commenced
prior to the effective date of this chapter shall not be required
to meet the requirements of this chapter; provided, however, that:
(1)Â
Any such preexisting wind energy facility that does
not provide energy for a continuous period of 12 months shall meet
the requirements of this chapter prior to recommencing production
of energy.
(2)Â
No modification or alteration to an existing wind
energy facility shall be allowed without full compliance with this
chapter.
(3)Â
Any wind measurement tower existing on the effective
date of this chapter shall be removed no later than 24 months after
said effective date, unless a special use permit for said wind energy
facility is obtained.
C.Â
Wind energy facilities are allowed as accessory uses.
Wind energy facilities constructed and installed in accordance with
this chapter shall not be deemed expansions of a nonconforming use
or structure.
