Intent. This section regulates and provides standards for small
wind energy systems (WECS) designed for on-site home and farm use,
and that are primary used to reduce on-site consumption of public-utility-generated
and distributed electricity. The intent of this section is to encourage
the development of small wind energy systems and to protect the public
health, safety and community welfare.
A. Permit required.
(1) No WECS shall be constructed, reconstructed, modified or operated
in the Town of Cortlandville except in compliance with this section.
(2) No wind measurement tower shall be constructed or operated except
in conjunction with and as part of an application for a small WECS.
(3) No transfer of real property on which a small WECS is situated shall
eliminate the liability of the owner of such property from compliance
with this section and the conditions of the conditional permit issued
for such WECS.
(4) Notwithstanding the requirements of this section, replacement in
kind of a small WECS may occur without Town approval when there will
be:
(a)
No increase in total height;
(c)
No additional lighting or change of facility color;
(d)
No increase in noise produced by the WECS.
B. Permitted areas:
(1) Agricultural District on lots greater than two acres.
(2) R-1 District on lots greater than two acres.
C. Height limitations.
(1) Agricultural District: 100 feet.
(2) R-1 District on lots less than three acres: 40 feet.
(3) R-1 District on lots greater than three acres: 60 feet when documentation
shows a need for a height greater than 40 feet.
D. Setback. All WECS shall be set back from all property lines a minimum
of 1.5 times the total height of the WECS.
E. Application. A conditional permit (Article
XIV) is required for all WECS. The Planning Board shall hold a public hearing with notification of all property owners adjacent to the proposed tower site or within one mile of the proposed tower site.
F. Standards.
(1) Only one small WECS per lot shall be allowed. More than one may be
permitted as long as each has the required minimum lot size and the
applicant demonstrates that the electric needs of the user exceed
the power generation capability of one WECS.
(2) The height allowed shall be reduced if necessary to comply with all federal aviation requirements and §
178-115 of the Code of the Town of Cortlandville.
(3) The maximum turbine power output is limited to 10 KW unless the applicant
demonstrates to the Town Planning Board that a larger turbine is necessary
to meet the historical or projected energy needs of the applicant.
(4) The system tower and components shall be painted a nonreflective,
unobtrusive color that blends the system and components into the surrounding
landscape.
(5) The system shall be designed and located in such a manner to minimize
adverse visual impacts from public viewing areas (e.g., public parks,
roads, trails) and from adjacent properties.
(6) Exterior lighting on any structure associated with the system shall
not be allowed except that which is specifically required by the Federal
Aviation Administration.
(7) All on-site electric wires associated with the system shall be installed
underground except for "tie-ins" to a utility company and public utility
transmission poles, towers and lines. The Planning Board may modify
this standard if the project terrain is determined to be unsuitable
due to reasons of excessive grading, biological impacts, or similar
factors.
(8) The system shall be operated such that no electromagnetic interference
is caused. If it has been demonstrated to the Planning Board that
a system is causing harmful interference, the system operator shall
promptly mitigate the harmful interference or cease operation of the
system.
(9) At least one sign shall be posted on the tower at a height of five
feet warning of electrical shock or high voltage and harm therefrom.
No brand names, logo or advertising shall be placed or painted on
the tower or components where it would be visible from the ground,
except that a system or tower manufacturer's logo may be displayed
on a system housing in an unobtrusive manner.
(10)
Towers shall be constructed to provide one of the following
means of access control, or other appropriate method of access:
(a)
Tower climbing apparatus located no closer than 12 feet from
the ground.
(b)
A locked anti-climbing device installed on the tower.
(c)
A locked, protective fence at least six feet in height that
encloses the tower.
(11)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet in height or sheathed in bright orange or yellow
covering from three feet to eight feet above the ground.
(12)
The minimum height above the ground of the lowest part of the
wind turbine blade shall be at least 15 feet.
(13)
The level of noise produced during WECS operation shall follows the levels established in §
175-15A, measured at the boundaries of the closest parcel to the WECS site.
(14)
All small WECS tower structures shall be designed and constructed
to be in compliance with applicable provisions of the New York State
Uniform Fire Prevention Building Code, and generally accepted engineering
practices.
(15)
All WECS shall be equipped with manual and automatic overspeed
controls. The manufacturer shall certify the conformance of rotor
overspeed control design and fabrication, with good engineering practices.
(16)
No WECS shall be constructed or operated so as to create artificial
habitat for raptor prey. Electrical boxes, perching opportunities,
etc., shall to the maximum extent possible be minimized.
(17)
No experimental, home built, or prototype wind turbine shall
be allowed without documentation by the applicant of their maximum
probable blade throw distance in the event of failure and determination
by the Planning Board of appropriate setback distances on the basis
of that documentation.
(18)
A WECS shall be set back at least 1,000 feet from any important
bird area as identified by The New York Audubon Society and from state-listed
wetlands.
(19)
All WECS shall be maintained in good condition and in accordance
with all requirements of this section.
G. Abandonment of use. A small WECS which is not used to produce electricity
for 12 successive months shall be deemed abandoned and shall be dismantled
and removed from the property at the expense of the property owner
within nine months after notice from the Town Planning Board.