As used in this chapter, the following terms
shall have the meanings indicated:
HEIGHT
When referring to a tower or other structure, the height
shall be measured from existing or natural grade, whichever is lower,
to the highest point on the tower or other structure, including the
base pad and any antenna. The height of a WECS shall be measured from
such grade to the apex of the blade in the vertical position.
SITE
The physical location of a WECS, including the related tower
and transmission equipment.
SMALL-SCALE (NONCOMMERCIAL) WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system consisting of one wind turbine
that is incidental and subordinate to another use on the same parcel
and that supplies electrical power solely for on-site use, except
that when a parcel on which a small-scale WECS is installed also receives
electrical power supplied by a utility company, excess electrical
power generated by the small-scale WECS, and not presently needed
for on-site use, may be used by the utility company in exchange for
a reduction in the cost of electrical power supplied by that company
to the parcel for on-site use, as long as no net revenue is produced
by such excess electrical power.
SWEPT AREA
The largest area of the WECS which extracts energy from the
wind stream. In a conventional propeller-type WECS, there is a direct
relationship between swept area and the rotor diameter.
TOWER
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine or other mechanical device is mounted.
TOWER HEIGHT
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
WIND ENERGY CONVERSION SYSTEM (WECS)
Any mechanism designed for the purpose of converting wind
energy into electrical energy. A WECS may include one or more wind
turbines, towers, associated control or conversion electronics, transformers
and/or other maintenance or control facilities or other components
used in the system. A WECS may be either a utility-scale wind energy
conversion system or a small-scale wind energy conversion system.
WIND ENERGY FACILITY
Any wind energy conversion system or wind measurement tower,
including related infrastructure, electrical lines and substations,
access roads and accessory structures.
WIND ENERGY SYSTEM
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation, generator, nacelle, rotor, tower, transformer,
turbine, vane, wire, substation, maintenance or control facilities
or other component used in the system.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
Land use tables referenced herein shall include
utility-scale wind energy conversion systems in the R-A District requiring
a special use permit.
Height shall be in compliance with all fall zone limitations set forth in Chapter
120, Zoning.
The applicant shall provide the following certifications:
A. Certification of structural components. The foundation,
tower and compatibility of the tower with the rotor and rotor-related
equipment shall be certified in writing by a structural engineer registered
in New York. The engineer shall certify compliance with good engineering
practices and compliance with the appropriate provisions of the building
code that has been adopted in New York State. This shall be provided
prior to the issuance of the special use permit.
B. Certification post-construction. After completion
of construction of the WECS, the applicant shall provide post-construction
certification from a licensed professional engineer registered in
New York State that the project complies with applicable codes and
industry practices and has been completed according to the design
plans. This certification shall be provided to the Building Safety
Inspector/Zoning Enforcement Officer and Town Engineer and shall be
maintained in a permanent file.
C. Certification of electrical system. The electrical
system shall be certified in writing by an electrical engineer registered
in New York. The engineer shall certify compliance with good engineering
practices and with the appropriate provisions of the electric code
that has been adopted by New York State. This shall be provided prior
to the issuance of the special use permit.
D. Certification of rotor overspeed control. The rotor
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. This shall be provided
prior to the issuance of the special use permit.
E. Certification of seismic design. The applicant shall
provide post-construction certification from a licensed professional
engineer registered in New York State that the design and construction
protects against anticipated seismic hazards.
Unless waived by the Town Board, with recommendation
from the Planning Board, wind turbines or towers over 150 feet in
height shall be inspected by a New York State licensed professional
engineer, who has been approved by the Town, annually or at any other
time upon a determination by the Town's Building Safety Inspector/Zoning
Enforcement Officer and Town Engineer that the wind turbine, tower
or pole may have sustained structural damage. A copy of the inspection
report shall be submitted to the Town's Building Safety Inspector/Zoning
Enforcement Officer. Any fee or expense associated with this inspection
shall be borne entirely by the permit holder.
All fees shall be determined by the Town Board.
Nothing in this chapter 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.
Any changes or alterations to the WECS, after
approval of the special use permit and site plan, shall require an
amendment to the special use permit. Such amendment shall be subject
to all the requirements of this chapter.
The Town of Holland reserves the right, by local
law, to 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person violating any of the provisions of this chapter shall
be, upon conviction thereof, punished by a fine not to exceed $250
for each offense or by imprisonment for a period of not more than
15 days, or by both such fine and imprisonment. The imposition of
all penalties for any violation of this chapter shall not excuse the
violation or permit it to continue. The application of the above penalty
or penalties or the prosecution of the violation of the provisions
of this chapter shall not be held to prevent the enforced removal
of conditions prohibited by this chapter or the taking of such other
action as may be authorized by law.