[Added 3-21-2012 by L.L. No. 3-2012]
The purpose of this article is to address the construction and
operation of commercial facilities that convert wind energy to electricity
and the necessary electric transmission facilities that transmit this
electric power to a commercial power grid. Commercial wind power generation
is a nonpolluting source of energy and has the potential to provide
the Town and other taxing districts with taxes or payments in lieu
of property taxes that can reduce property tax levies. In addition,
landowners with commercial wind turbines can receive income from the
power generated. The aesthetics of the Keuka Lake area as described
in the Town Comprehensive Plan are recognized and must be protected
to assure the health of the tourism industry in the region and the
character of the neighborhood in the area where the activity may be
undertaken. This article establishes a wind farm overlay zone and
standards to minimize the environmental impacts resulting from the
physical construction and operation of these commercial scale facilities.
Furthermore, it strives to maintain the existing use of land close
to the commercial wind tower. This article will address the visual,
aesthetic and land use compatibility aspects of commercial wind energy
conversion units, and more specifically will:
The Wind Energy Overlay District is that area of land within
the Town of Jerusalem bounded on the north by the Jerusalem-Potter
Town Line, on the east and southeast by the Italy Friend Road, and
on the west by the Jerusalem-Italy Town Line. (See attached map.[1])
[1]
Editor's Note: Said map is on file in the Town offices.
A.
This law is enacted pursuant to Article 16 of the New York State
Town Law and § 10 of the Municipal Home Rule Law.
B.
The Town Planning Board is hereby authorized to approve, approve
with conditions, or disapprove up to 30 commercial wind energy conversion
units (CWECUs) within the Wind Energy Overlay District in accordance
with § 264 of the New York State Town Law. No CWECU is to
be approved outside of the Wind Energy Overlay District.
C.
No CWECU or any portion thereof shall be located or operated in the
Town unless it is in accordance with a permit duly issued by the Town
Planning Board under this article.
D.
The Town Planning Board shall determine on a case-by-case basis,
based upon the specific aspects of the application and the complexity
of the application, whether an independent professional engineer or
consultant will be required to assist in the review of an application.
If the Planning Board determines that independent professional or
consulting services are required, the applicant shall be responsible
for any and all fees associated with such services. The costs of such
services shall be limited to the reasonable standard fees for such
independent third party review. The Town shall bill the incurred costs
for third party reviews. Failure to pay such billed costs shall constitute
a withdrawal of the applicant's application under this article, and
such application shall be considered null and void by the Town for
all purposes related thereto.
A.
A completed application for a CWECU or a commercial wind energy conversion
system (CWECS) shall be submitted to the Town Clerk at least 15 business
days prior to a regular meeting of the Town Planning Board. The applicant
or his duly authorized representative shall attend the meeting of
the Planning Board to discuss the application.
B.
Within 62 days after the Town Planning Board has determined the application
to be complete, it shall hold a public hearing. Notice of such public
hearing shall be published in the official newspaper of the Town at
least 10 days prior to the date thereof. The applicant shall give
notice in writing by certified mail to all property owners of record
of the land within two miles of the parcel (or parcels) where the
site is proposed. The applicant shall mail these notices at least
10 days in advance of the public hearing scheduled in the matter,
and file with the Town Clerk the United States Post Office receipts
as proof of such notification being made prior to the public hearing
date.
C.
Within 62 days of the close of the public hearing, the Town Planning
Board shall approve, conditionally approve, or disapprove the application.
The time in which the Planning Board may render its decision may be
extended by mutual consent of the applicant and the Planning Board.
The decision of the Town Planning Board on the application shall be
filed in the office of the Town Clerk within five business days after
such decision is rendered, and a copy thereof mailed to the applicant.
A.
Permitted temporary use. The construction of a temporary wind measurement
tower (WMT) for the collection of wind data in a location of a proposed
commercial wind farm shall be permitted. Such temporary use shall
be for a period of not more than 26 months, and shall be subject to
site plan review and approval by the Town Planning Board and the issuance
of a building permit by the Zoning Officer, and the posting of a surety
in a form acceptable to the Town in an amount sufficient to fund the
removal of such tower at the conclusion of the use.
B.
Requirements.
(1)
The distance between the WMT and the property line shall be
at least 1.25 times the tip height of the WMT.
(2)
Anchor points for any guy wires for a WMT shall be located within
the property on which the WMT is located and not cross any aboveground
electric wires. The point of attachment for the guy wire to the anchor
shall be sheathed in bright orange or yellow covering from three to
eight feet above the ground.
(3)
The New York State Department of Agriculture and Markets guidelines
for agricultural mitigation shall be adhered to both in and outside
the agricultural districts.
The applicant shall submit 15 copies of the application required by § 160-145 and a site plan showing the following information, unless one or more of such requirements are waived by the Town Planning Board for good cause. In addition, the Town Planning Board may request any and all additional information the Town Planning Board might deem necessary for review of such application, but such additional requested information must be reasonable in scope and relevant to the application being reviewed:
A.
Name of the project, a map indicating boundary lines of the parcel
(or parcels) that the project will include and the proposed site location(s),
date, North arrow and scale of the plan. The maps shall include an
overall map of the project, as well as individual site maps for each
proposed CWECU.
B.
Name and address of the owner(s) of record of the parcel(s) where
the project is proposed to be sited; name and address of the project
sponsor and the signed seal, including the name and address, of the
engineer, architect, or surveyor preparing, or assisting in the preparation
of, the site plan.
C.
Name and addresses of all owners of record, as indicated in the Yates
County Clerk's office, of all adjacent property owners to the project
and all property owners of any and all parcels within the property
setback requirements as specified.
D.
A map showing all existing lot lines, easements and rights-of-way,
and a sketch plan showing proposed road access, including provisions
for paving, if any, proposed transmission lines and accessory facilities,
and location of all existing and proposed utility systems to the project.
E.
A survey of the land to be leased, if applicable.
F.
A map showing existing microwave and communication links within the
project boundaries.
G.
A map showing existing and proposed topography at two-foot contour
intervals.
H.
A site plan showing all existing natural land features, trees, forest
cover, watercourses, wetlands and all proposed permanent changes to
these features, including size and type of plant material and erosion
control measures.
I.
A fully completed State Environmental Quality Review Act (SEQRA)
Environmental Assessment Form.
J.
A visual impact study assessing the visibility of the project from
key viewpoints relative to such project, existing tree lines, and
proposed elevations. This study shall be digitally enhanced to simulate
the appearance of the as-built project as such completed project would
appear from distances specified by the Planning Board within a five-mile
radius of the location of such project, or any portion thereof. Additional
pictures from specific locations may be required by the Town Planning
Board, and all such pictures shall be in color and no smaller than
five inches by seven inches.
K.
Documentation of the proposed intended capacity of energy generation
to be derived from the completed project.
L.
Preliminary report prepared by the applicant describing:
(1)
Surrounding topography in relation to the capabilities for generation
of electricity by wind and why the project site was selected for development.
(2)
Required improvements for construction activities, including
those within the public right-of-way or land controlled by the Town
of Jerusalem.
(3)
Proposed mitigation measures for visual impacts of any and all
components, structures, and materials related to the CWECS or individual
CWECU including, but not limited to, commercial wind energy conversion
units (CWECUs), substation(s), wind measurement towers, support structures
and access roads.
(4)
Proposed safety measures to mitigate any potential CWECU failure.
(5)
Documentation and justification for any proposed land clearing
around structures within the project.
M.
Elevation map showing the CWECU's height and design, including a
cross-section of the structure and components of the nacelle; statement
of compliance documenting the unit's compliance with applicable structural
standards; and the CWECU's abilities in terms of producing energy.
N.
The applicant shall provide shadow flicker and blade glint information
for the area within the boundaries of the parcel upon which the project,
or any portion thereof, is to be sited and for any additional area
located within a radius of one mile beyond the boundaries of said
parcel. Such information shall include a shadow flicker zone map and
documentation of the nonreflective coating for the blades. Accompanying
such information shall be the proposed schedule with which the nonreflecting
coating for the blades shall be reapplied as based on the manufacturer's
suggested life of the coating product.
O.
The applicant shall also state the following:
(1)
Identify the most likely locations of shadow flicker, estimate
the expected duration of such shadow flicker at these locations per
day, and calculate the potential total number of hours per year at
each location such shadow flickers may occur.
(2)
Identify potential problem zones where shadow flicker may interfere
with existing residences, and describe proposed measures to mitigate
these problems, including but not limited to a change in siting of
the unit, a change in operation of the unit, or grading or landscaping
mitigation measures.
(3)
Provide tax identification numbers for all properties within
the potential shadow flicker zones.
P.
The applicant shall submit a lighting plan. This must include location and type of lighting, as well as the expected impact on residential property within a five-mile radius of the project and must be in compliance with FAA minimum lighting requirements and meet the lighting requirements of § 160-48E.
Q.
Description of the applicant's ten-year plan for the project that
shall include the estimated market demand and long-term project expansion
needs within the Town associated with the project for the duration
of the required ten-year plan.
R.
Report showing soil logs and soil profile analysis for any area being
disturbed as part of the project.
S.
A complete stormwater pollution prevention plan to prevent the pollution
of surface or groundwater, erosion of soil both during and after construction,
excessive runoff, and flooding of other properties, in compliance
with New York State Phase II regulations and Town of Jerusalem Steep
Slopes Law.[1]
T.
The applicant shall, in consultation with the Town of Jerusalem and
Yates County, establish an emergency preparedness plan, to be implemented
in the event of an emergency requiring immediate response or attention
during the construction and operation of the commercial wind energy
conversion system or any portion thereof.
U.
The applicant shall present a spill containment response plan, to
be implemented in the event of any environmental contamination resulting
from, but not limited to, oil or other chemicals. A performance bond
or other appropriate mechanism shall be required to deal with this
possibility. Such bond or other security shall be filed with the Town
Clerk annually and kept in force.
V.
Proof of all required surety or other financial requirements related
to the project. Such proof may include, but is not limited to, proof
of liability insurance, decommissioning funds, development mitigation
funds and all other financial requirements related to the application.
W.
A proposed agreement between the owner and operator of the CWECU
or CWECS to be approved by the Planning Board that will cover the
following topics:
(1)
A payment in lieu of taxes (PILOT) if the project will be exempt
from real property tax;
(2)
A plan for repairing and maintaining Town highways due to damage
caused by traffic in excess of that for which such highways are designed;
(3)
A plan for decommissioning the improvements when they have served
their useful purpose;
(4)
Such other topics as the Planning Board shall reasonably require.
The construction of a commercial wind energy conversion unit
(CWECU) or commercial wind energy conversion system (CWECS) shall
be permitted only within the Town Wind Energy Overlay District upon
receiving prior permit approval from the Town Planning Board. Such
application for a permit shall only be granted if the application
complies with the following requirements and such other reasonable
conditions that the Town Planning Board requires as part of any conditional
approval issued hereunder: No CWECU or CWECS will be permitted outside
of the Town Wind Farm Zone.
A.
Location. All CWECUs shall be located, erected and sited in accordance
with the following requirements:
(1)
The applicant will evaluate the effects of the CWECS on any
migratory flight path of birds and bats. If such problem is found
to exist, such problem shall be resolved at the applicant's sole and
complete expense to the satisfaction of the Town Code Enforcement
Officer.
(2)
No individual commercial wind energy conversion unit (CWECU)
shall be installed in any location where such unit's proximity with
existing fixed broadcast or reception antenna (including residential
reception antenna or satellite system) for radio, television or wireless
phone or other personal communication systems where the unit would
produce interference with signal transmission or reception. The applicant
shall correct (or document significant progress toward corrective
action on) any unforeseen interference to the satisfaction of the
Code Enforcement Officer within 30 days of any complaint being given
to the applicant by the Code Enforcement officer or affected person.
To correct such problem:
(a)
The applicant shall provide the affected person(s) with service
equal to or better than the service that was interrupted, or an acceptable
alternative to such service which is agreeable to the Code Enforcement
Officer and the affected property owner.
(b)
If emergency service needs have been affected, such problem
shall be remedied by the applicant within 36 hours of notification
being given to the applicant by the Code Enforcement Officer or affected
person.
(3)
All CWECUs shall be located, installed, or constructed on the
subject parcel only in accordance with the following setbacks:
(a)
A distance not less than 625 feet as measured from any and all
public roadways or aboveground power lines in the vicinity of said
unit, to the base of such unit.
(b)
A distance not less than 1,500 feet as measured from any existing
residential building, unless waived in writing by the owner of such
neighboring residential building.
(c)
A distance not less than 625 feet as measured from the property
lines of the parcel on which said CWECU is to be sited.
(4)
Variance. The Town Zoning Board of Appeals is authorized to grant a variance to the setback requirements of Subsection A(3) of this section in accordance with Article XV of the Town of Jerusalem Zoning Ordinance, only if said Board is in receipt of a written, notarized consent form from the impacted property owner.
B.
Noise. The level of noise produced by or from the operation of the
CWECU or CWECS shall be less than six dBA over background noise at
the property lines and less than five dBC over background noise at
the property lines.
C.
Property values. The owner of the CWECU or CWECS shall agree to reimburse
any property owner within a radius of two miles of the CWECS who,
based upon an appraisal by a mutually agreed-upon licensed property
value appraiser, determines that the value of the owner's property
has been reduced due to the presence of the CWECU or CWECS. Such reimbursement
shall be made within two years of the commencement of construction
of the CWECU or CWECS. This reimbursement shall be only for the loss
of property value (all structures and land values) due to the presence
of the CWECU or CWECS. The Town Planning Board shall require the applicant
to provide a bond in the amount of 50% of the current assessed value
of the property (or other security acceptable to the Town Board) for
the purpose of complying with such agreement in case the applicant
fails to do so. Proof of this bond or other security shall be filed
with the Town Clerk before construction may begin.
D.
Emergency shutdown/safety operations.
(1)
The applicant shall file emergency contact information with
the Town Clerk, including but not limited to a telephone number and
unique ID number, for each wind energy conversion unit, and shall
post the information at the entrance of each access road to such wind
energy conversion unit so the appropriate people may be contacted
should any CWECU need immediate attention or care.
(2)
Each CWECU shall have an automatic manufacturer-certified or
engineer-certified braking, governing, or feathering system to prevent
uncontrolled rotation, over-speeding, and excessive pressure on the
tower structure, rotor blades, and turbine components or nacelle.
E.
Lighting.
(1)
No CWECU shall be artificially lighted unless such lighting
is required by a local, state or federal statute, rule or regulation.
The use of nighttime and overcast daytime condition stroboscopic lighting
shall be the minimum required by law to satisfy the lighting requirements
as issued by the Federal Aviation Administration.
(2)
Light shields, if commercially available, or other devices to
block downward lighting must be used. A study of the potential impact
of the proposed lighting, as well as any required alterations as determined
and required for approval hereunder, on the area surrounding the subject
project must be submitted.
(3)
If the minimum lighting requirement, as determined by applicable
federal, state or local rules, regulations or statutes change during
the course of operation of the wind energy conversion system, the
applicant shall alter the lighting and install such lighting in the
wind energy conversion system that is at a level equal to or better
than such revised minimum requirements.
(4)
Prior notification of any changes in the lighting plan for the
project must be communicated to the Town Planning Board prior to installation
of such new lighting scheme, and such alterations shall be approved
for installation only for good cause shown or in order to bring such
project into compliance with any and all statutory and regulatory
requirements.
F.
Utility service.
(1)
All power transmission lines servicing the project or any portion
thereof shall be underground to a minimum depth of 48 inches or to
such depth as required by the Uniform State Fire Prevention and Building
Code whichever is greater.
(2)
If this standard is deemed to be technically infeasible, rationale and alternative solutions and designs shall be submitted with the completed application for review and approval by the Town Planning Board. Such approval shall be granted if such alternative is deemed acceptable by the Town Planning Board based upon substantial evidence in the record ensuring such alternative provides the level of protection and safety afforded by the standard set forth in Subsection A this section.
(3)
In the unlikely event of a stray voltage occurrence, the applicant
shall be notified, and shall take corrective action immediately fully
remedying such occurrence.
G.
Blade sweep. The minimum height of the lowest part of the blade sweep
area shall be 30 feet above the highest existing major structure or
tree within a one-hundred-fifty-foot radius of the base of the wind
energy unit. The total tip height for each wind energy conversion
unit cannot exceed 500 feet as measured from the base of the unit
to the tip of the unit's longest blade when the blade is at its apogee.
H.
Access roads.
(1)
In an effort to minimize curb cuts, existing roadways shall
be used for access to the site whenever possible.
(2)
If existing roadways are not practicable for use as such access,
any necessary new roadways shall be constructed in such a way that
they are level with the surrounding environment. Unless the landowner
upon which such new access road is located signs a waiver requesting
such property not be gated, new access roads constructed from existing
roadways shall be gated and locked near the intersection of the access
road and the existing roadway with breakaway gates allowing emergency
access to the roadway.
I.
Accessory structures/facilities. Transmission facilities and/or buildings
shall be located along roadways, below ridgelines or behind vegetation
to screen such facilities and/or buildings from visibility. If such
a facility or building is to be located in or along the side of an
open field, the facility or building shall be landscaped in such a
way as to blend such facility or building in with the surrounding
environment.
K.
Shadow flicker. The owner shall design each proposed CWECU to comply
with the shadow flicker limit at all residences, occupied community
buildings and roadways. The shadow flicker exposure limit specifications
are:
(1)
Maximum of 25 minutes per day of shadow flicker exposure from
any individual CWECU or cumulative effect from multiple CWECUs.
(2)
Maximum of 25 hours per year of shadow flicker exposure from
any individual CWECU or cumulative effect from multiple CWECUs.
(3)
If shadow flicker exceeds these conditions, the CWECU or CWECUs
causing the shadow flicker shall be shut down until the offending
condition is remedied.
L.
Environmental contamination by oil or other chemicals. The applicant
for a wind energy conversion system, after such application has been
approved and before a permit is issued, shall submit the maximum amount
letter of credit or other mechanism necessary to ensure the cleanup
of any contamination to DEC requirements. The Town Board and the attorney
for the Town shall judge the letter of credit or other surety as adequate
and satisfactory before such a permit is granted.
M.
Below-grade foundations. The foundation top of each CWECU shall be
buried to a depth of four feet below ground, or to the specifications
of the New York State Department of Agriculture and Markets guidelines,
whichever is greater, to enable use of the land for farming/agriculture
during the life of the project.
N.
Road mitigation. To be approved, the applicant shall submit and deposit
with the Town a sum of money equal to an amount determined by the
Town Board to offset the estimated direct and indirect adverse impacts
on the Town's highway system anticipated to be incurred by the Town
as a result of the approval of such application.
O.
Decommissioning and restoration. As a condition of approval and prior
to the construction of any portion of such wind energy conversion
system, each wind energy conversion system shall have a decommissioning
plan with related financial surety to be filed with the Town.
(1)
Such plan and surety shall include the following:
(a)
The anticipated life of the project;
(b)
The estimated decommissioning cost in current dollars;
(c)
A method and schedule for updating the costs of decommissioning
and restoration;
(d)
A method of ensuring that funds will be available for decommissioning
and restoration; and
(e)
The anticipated manner in which the project will be decommissioned
and the site restored.
(2)
Prior to approval, the application shall be referred to the
Town Board for determination of the financial surety required under
this subsection.
(3)
The applicant shall agree to remove such wind energy conversion
system and related facilities if it becomes obsolete or ceases to
be used for its intended purpose for a period of 12 consecutive months.
The Town Planning Board shall require the applicant to provide a demolition
bond or other security acceptable to the Town Board for the purpose
of removing such facilities in case the applicant fails to do so as
required above. Proof of this bond or similar surety shall be filed
with the Town Clerk each year, and recalculated in an amount reflecting
the then-current estimated costs for decommissioning such system.
(4)
The applicant shall notify the Code Enforcement Officer within
30 days of the discontinuance of use of any CWECS or any portion thereof.
(5)
Should a CEWCS or any portion thereof not operate for a total period of 60 days within any ninety-day period, the Town shall notify the applicant that such offending CWECS or portion thereof shall be removed or made operational as provided in Subsection O(7) of this section.
(6)
The applicant shall remove any discontinued, decommissioned, obsolete or unused commercial wind energy conversion system or portions thereof and restore the site to preconstruction conditions, or make the wind energy conversion system or portion thereof fully operational, within 180 days of delivery or receipt of the notification set forth in Subsection O(5) of this section.
(7)
Prior to the expiration of this time, the applicant may apply
to the Town Code Enforcement Officer, and the Code Enforcement Officer
may grant, an extension of the time in which such CWECS or portion
thereof needs to be removed or made operational, up to an additional
time of 180 days. Such extension shall be granted only if the applicant
demonstrates good cause that such extension is necessary as a result
of uncontrollable events such as weather delays, repair delays or
other similar conditions requiring the need for such extension.
(8)
Failure to notify and/or remove any discontinued, decommissioned,
obsolete or unused CWECS or portion thereof in accordance with this
article shall be in violation of this article and subject the applicant
to the penalties set forth herein. In addition, the cost of removing
the offending CWECS or portion thereof shall be drawn against the
financial surety posted by the applicant for demolition or decommissioning
of the project as set forth in this section.
(9)
Any expense incurred by the Town that exceeds the amount of
such financial surety or is not covered by said surety shall be reimbursed
by the applicant.
(10)
Upon completion of all such removal activities by the Town,
any remaining portion of the posted surety shall be returned to the
applicant forthwith.
P.
Post-installation.
(1)
On an annual basis, a post-installation field report identifying
the CWECU or CWECS's generation of electricity, and impacts upon the
environment, including but not limited to any adverse drainage patterns
then existing, sites of erosion in vicinity of the system, and other
potential adverse environmental conditions, shall be submitted by
the applicant to the Town Board. This report shall also include all
complaints and remedial actions logged by the applicant and any other
reasonable items that may be requested by the Town Planning Board.
This report shall be filed annually with the Town Clerk.
(2)
If it is determined that any CWECS or portion thereof is operating
outside the parameters of the zoning requirements and conditions of
approval, the applicant shall be notified, and any and all necessary
remedies implemented. If the problem cannot be remedied within an
appropriate amount of time, based on its nature and severity, the
Code Enforcement Officer may require the CWECS or a portion thereof
be shut down until such repairs can be made. If the applicant and
the Code Enforcement Officer are unable to agree on an appropriate
time or method for remedying such problem, either party shall ask
the Town Board to determine such a reasonable time or method of remedy.
(3)
Safety issues deemed to be of an imminent significant threat
to the health, safety and/or welfare of any person affected by the
wind energy conversion system or any portion thereof as determined
by the Code Enforcement Officer shall require the immediate shut down
of the CWECS or portion thereof until corrective action is taken and
the imminent significant threat fully mitigated.
A.
Landscaping. Upon completion of installation, the site shall be returned
as close as possible to its natural state, including, but not limited
to, restoring the subsoil and topsoil to preconstruction condition
and reforestation of at least 40% for any woodlands that have been
cleared.
B.
Building and grounds maintenance. Any damaged or unused parts shall
be removed from the premises within 30 days or stored in a locked
on-site storage building. All maintenance equipment, spare parts,
oil or chemicals (cleaning, pesticides, fuels), shall also be stored
in said on-site locked storage building.
C.
Ownership changes. If the ownership of a CWECU or CWECS changes,
the approved permit shall remain in full force and effect. All requirements
of the approved permit, including bonding, letters of credit or continuing
certification requirements of the original owner shall continue to
be obligations of the succeeding owners. All such changes in ownership
shall be registered with the Town Clerk within 30 days of such transfer,
and any emergency contact information posted shall be changed accordingly.
D.
Commercial wind energy conversion unit modifications. Any and all
modifications, additions, deletions or changes to a CWECU or CWECS,
whether structural or not, shall not be made until it has been approved
by the Town Planning Board.
E.
Repairs. However, prior approval as set forth in Subsection D of this section shall not be required for repairs which become necessary in the normal course of operation of the CWECU or CWECS, become necessary as a result of natural forces such as wind or ice, as a result of any other acts of God, or for repairs caused by the malicious or negligent acts of any persons or the behavior of animals.
A.
Routine inspection report. An inspection report prepared by a qualified
professional engineer licensed in the State of New York shall be required
at the completion of the installation of the CWECU or CWECS. Said
inspection report shall certify that the wind energy system and any
portion thereof complies with all manufacturing specifications and
any and all rules, regulations and statutes pertaining thereto. Said
inspection report shall be filed with the Code Enforcement Officer
and the Town Clerk.
B.
During construction. During construction of a permitted facility,
the Code Enforcement Officer shall have access to the project for
the purpose of making inspections of the progress of construction
to insure compliance with applicable rules and regulations.
C.
Insurance, liability. Prior to the issuance of a building permit
regarding an approved CWECS, the applicant shall file with the Town
proof, in the form of a duplicate insurance policy or a certificate
issued by an insurance company, of liability insurance in a reasonable
level as determined by the Town Board in consultation with the Town's
insurer, guided by industry standards, to cover damage or injury which
might result from the CWECS or any portion thereof. Such liability
insurance shall also name the Town and the current property owner
of record as an additional insured, unless said property owner waives
such coverage in writing.
D.
National and state standards. In addition to any requirements of
this article, the applicant shall show that all applicable manufacturers,
New York State and United States standards for the construction, operation
and maintenance of the proposed CWECUs have been met or are in compliance.
CWECUs shall be built, operated and maintained to applicable industry
standards of the Institute of Electrical and Electronic Engineers
(IEEE) and the American National Standards Institute (ANSI).
E.
Continuing obligations. All requirements detailed in this article
shall remain in full force and effect for the duration of the granted
permit.
As used in this article, the following terms shall have the
meanings indicated:
Any structure, other than a CWECU, related to the use and
purpose of deriving or distributing energy from such towers located
at or near the CWECS site.
Any person applying to develop, own, locate, construct or
operate a wind energy conversion system within the Town. All requirements
placed upon an applicant under this article or by way of approval
of a permit issued hereunder shall be fully and completely binding
upon the owner, his/her/its successors, heirs and assigns of the wind
energy conversion system being submitted for review hereunder.
The intermittent reflection of the sun off the surface of
the blades of a CWECU.
More than one CWECU designed to generate power only for transfer
to a commercial utility grid including all structures and facilities
utilized or necessary for the normal operation of the project being
submitted by an applicant under this article, including, but not limited
to, wind energy conversion units, all accessory facilities and equipment
thereto, and/or any portion thereof.
Any single mechanism designed for the purpose of converting
wind energy into electrical energy, and transferring the energy to
a commercial power grid. A CWECU is capable of producing one or more
megawatts of power and does not produce power for on-site consumption.
This definition shall include the tower, monopole, or other structure
supporting the mechanism at its final working location. The height
of a CWECU shall be considered the vertical distance as measured from
the average elevation at the base of the structure to the tip of the
highest point of the structure including all blades when at their
apex position.
A commercial enterprise consisting of one or more CWECS located
and attached as a group to the commercial utility grid.
Status applied to a wind energy conversion unit when it has
been nonproductive for a period of one year, or when the unit or project
no longer provides a useful service.
Fall zone shall be a level distance perpendicular to the
base equal to the total height of the wind energy conversion unit
plus the rotor at a full and upright vertical position.
The portion of the wind energy conversion unit that connects
the rotor to the support tower and houses the generator, gearbox,
drive train and braking system.
Any permanent structure with electric power, running water
and capable of inhabitation.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer, and other similar
uses.
The area of land measured along the ground out a horizontal
distance in any direction from the structure or facility being regulated
under this article.
The effect from the sun shining through the turning blades
of the wind energy conversion unit and casting a shadow over the landscape.
Tip height is equal to the distance from the ground to the
tip of the rotor blade in a full and upright vertical position.
Tower height is equal to the distance from the ground to
the top of the tower not including the nacelle or rotor blades.
Site where one or more commercial wind energy conversion
unit(s) will be located, including all accessory facilities or equipment.
A tower installed for a temporary period of time to measure
wind velocity, direction and duration.
Any person who violates or knowingly permits the violation of
this article or any amendment thereto shall be deemed to have committed
a violation and shall be subject to the following penalties: a minimum
of $25 to a maximum of $350 per day or 15 days imprisonment, or both.
Every week such violation is determined to have existed shall be deemed
to constitute a separate and additional offense for which the person
may be subject to the penalties set forth herein.
