A.
The purpose of this article is to promote the effective and efficient
use of the Village's wind energy resource through wind energy
conversion systems (WECS), and to regulate the placement of such systems
so that public health, safety, and welfare will not be jeopardized.
B.
This article is intended to properly regulate and site wind energy
facilities in order to capture their potential benefits, and deal
with their potential negative impacts, including the following considerations:
(1)
Wind energy is an abundant, renewable, and nonpolluting energy resource
and its conversion to electricity will reduce dependence on nonrenewable
energy resources and decrease the air and water pollution that results
from the use of conventional energy sources.
(2)
The generation of electricity from properly sited wind turbines can
be cost-effective, and in many cases, existing power distribution
systems can be used to transmit electricity from wind-generating stations
to utilities or other users, or on-site consumption can be reduced.
(3)
This article is designed to properly regulate and site wind energy
facilities and thus deal with potential problems they can create,
including aesthetic impacts, drainage problems, harm to farmlands,
a risk to bird and bat populations, risks to the property values of
adjoining properties, significant noise, traffic problems during construction,
and electromagnetic interference with various types of communication.
A.
ACCESSORY FACILITIES OR EQUIPMENT
AGRICULTURAL LAND
ENVIRONMENTAL ASSESSMENT FORM ("EAF")
NONPARTICIPATING RESIDENCE
OVERSPEED CONTROL
PARTICIPATING RESIDENCE
PERMANENT WIND MEASUREMENT TOWER
PUBLIC ROAD
SITE
STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA")
TEMPORARY WIND MEASUREMENT TOWER
TOTAL HEIGHT
TOWER
WIND ENERGY CONVERSION SYSTEM ("WECS")
(1)
(2)
(3)
WIND ENERGY FACILITY
As used in this article, the following terms shall have the meanings
indicated:
Any structure other than a wind turbine, related to the use
and purpose of deriving, collecting or distributing energy from such
wind turbines located on or associated with a wind energy facility.
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 New York Agriculture and
Markets Law § 301, and timber processing, as defined in
Subdivision 14 of New York Agriculture and Markets Law § 301.
Such operations may consist of one or more parcels of owned or rented
land which may be contiguous or noncontiguous to each other. The use
of land for agricultural production purposes, including tilling of
the soil, dairying, pasture, animal and poultry husbandry, apiculture,
arboriculture, horticulture, floriculture, viticulture, and accessory
uses for packing, storing, processing and retail sales of products,
provided that the operation of any such accessory uses shall be secondary
to that of the principal agricultural production activities.
A form used in the environmental review process under the
State Environmental Quality Review Act ("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 that have not entered into any agreement with
a wind energy developer to allow for a WECS on or near their property.
A residence may be part of a multidwelling or multi-use building and
shall include buildings such as hotels, hospitals, motels, dormitories,
sanitariums, long-term care facilities, schools or other buildings
used for educational purposes, or correctional institutions.
A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
Any dwelling for habitation, either seasonally or permanently,
by one or more persons that has entered into an agreement with a wind
energy developer to allow a WECS on or near their property. A residence
may be single-family or may be part of a multidwelling or multi-use
building and shall include buildings such as hotels, hospitals, motels,
dormitories, sanitariums, long-term care facilities, schools or other
buildings used for educational purposes, or correctional institutions.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction that is installed to
permanently monitor wind conditions for the life of a project.
Any federal, state, county, city, town or Village road which
is open to the public, or private road regularly used by multiple
persons for access to separate off-site parcels of land, access to
which is unrestricted by the owner(s) of said private road.
The parcel(s) of land where the WECS is to be placed including
related tower and transmission equipment. The site may be publicly
or privately owned by an individual or 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 New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and
Regulations, Part 617.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction installed prior to construction
of a WECS for wind site assessment which remains in place for a limited
period of time. The data provided allows the developer to determine
the economic viability of the project as well as to select the optimal
type of turbine for the location.
Height of WECS measured from ground elevation to top of tip
of blade in vertical position, at its furthest vertical extension.
Support structure, including guyed, monopole, and lattice
types, upon which wind turbine or other mechanical device is mounted.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
A WECS can be commercial or noncommercial. A WECS may include one
or more wind turbines, towers, associated control or conversion electronics,
transformers, and/or maintenance and control facilities or other components
used in the system. The turbine or windmill may be on a horizontal
or vertical axis, rotor, or propeller.
LARGE WIND ENERGY CONVERSION SYSTEMA wind energy conversion system ("WECS") consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity greater than 150 kilowatts and is intended to supply some portion of its produced electrical power for sale to a power grid. WECS with a rated capacity of 25 megawatts or more are governed by Article VI, § 94-C of the Executive Law of New York State.
SMALL WIND ENERGY SYSTEMSA WECS consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity of greater than 10 kilowatts but not more than 150 kilowatts and a total height of greater than 50 feet but not more than 100 feet.
VERY SMALL WIND ENERGY CONVERSION SYSTEMA WECS consisting of one wind turbine, one tower (or other mounting system), and associated control or conversion electronics which has a rated capacity of 10 kilowatts or less and a total height of 50 feet or less.
Any WECS or wind measurement tower, including all related
infrastructure, electrical lines and substations, access roads and
accessory structures that are under common ownership or operating
control.
A.
No wind energy facility shall be constructed, reconstructed, or modified
in the Village of Weedsport except in compliance with this article.
B.
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 article shall not be required to meet the requirements
of this article, however:
(1)
Any such preexisting wind energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this section prior to recommencing production of energy.
C.
No modification or alteration, excluding regular maintenance and
repair, to an existing wind energy facility shall be allowed without
full compliance with this article.
A.
Very small wind energy conversion systems.
(1)
Very small WECS are permitted as accessory uses in the Commercial
(C) and Industrial (I) Zoning Districts.
(2)
Very small WECS may be constructed, reconstructed, or modified
without being issued a special use permit.
(3)
A building permit is required for the installation of all very
small WECS.
(4)
Very small WECS must comply with the following safety standards:
(a)
The minimum distance from the ground to the highest point of
the wind energy conversion system shall not be less than 10 feet.
(b)
Each very small WECS shall be equipped with both manual and
automatic controls to limit the rotational speed of the blade within
the design limits of the rotor. Manual electrical and/or overspeed
shutdown disconnect switches shall be provided and clearly labeled
on the wind turbine structure. No very small WECS shall be permitted
which lacks an automatic braking, governing, or feathering system
to prevent uncontrolled rotation, overspeeding, and excessive pressure
on the tower structure, rotor blades, and turbine components.
B.
Small wind energy conversion systems.
(1)
One small WECS tower shall be allowed per legal lot to provide
energy to the home or farm on the same lot. Small WECS are permitted
in the Industrial (I) Zoning District with a special use permit, for
the purpose of producing electricity for use primarily on-site.
(2)
No small WECS shall be constructed, reconstructed, or modified
in the Village of Weedsport except pursuant to special use permit
and site plan approval from the Planning Board issued in accordance
this article.
(3)
No small WECS wind energy facility shall be constructed, reconstructed,
or modified in except pursuant to a building permit from the Code
Enforcement Officer.
A.
In addition to the requirements for special use permits in Article VII of this chapter, an application for a special use permit for a small WECS shall include the following:
(1)
Name, address, and telephone number of the applicant and land
owner and affidavit of agreement between landowner and facility owner,
if any.
(2)
Address or other property identification of each proposed facility
including tax map number, existing use and acreage of parcel, and
zoning designation.
(3)
A description of the facility and project including data pertaining
to the tower's safety and stability, including safety results
from test facilities and certification from the turbine manufacturer
that the turbine is manufactured to operate at safe speeds, and the
make, model, a picture, and manufacturing specifications including
noise decibel data and maximum rated capacity.
(4)
Vertical drawing of the WECS showing total height, turbine dimensions,
tower and turbine colors, ladders, distance between the ground and
the lowest point of any blade, and the location of climbing pegs and
access doors.
(5)
A plot plan prepared by a licensed surveyor or engineer drawn
in sufficient detail to clearly show the following:
(a)
Property lines, physical dimensions of the site, and the location,
dimensions and types of existing structures and uses on the site.
(b)
Public roads and access roads.
(c)
Adjoining properties within 500 feet of the site including zoning
designations, residences, schools, churches, hospitals, and libraries
within 1,000 feet of each tower.
(d)
The proposed location, elevation, and total height of the WECS.
(e)
Above- and below-ground utility lines within a radius of 1.5
times the total height of the WECS.
(f)
Setback lines.
(g)
All other proposed facilities on the site including transformers,
electrical lines, storage or maintenance units, ancillary equipment
or structures, transmission lines, and fencing.
(6)
A full environmental assessment form (EAF) and visual EAF addendum.
(7)
A copy of written notice of the application to the Federal Aviation
Administration (FAA), microwave communications link operators, and
electric utilities, including utility interconnection data and a proposed
lighting plan to be reviewed by the FAA showing FAA required lighting,
if applicable and other proposed lighting.
(8)
A detailed fire control and prevention and emergency response
plan to coordinate with local emergency response providers.
(9)
A preliminary transportation plan describing ingress and egress
to the proposed project site to deliver equipment and provide access
during and after construction. Such plan shall describe any anticipated
improvements to existing roads, bridges, or other infrastructure,
as well as measures which will be taken to restore damaged or disturbed
access routes following construction.
(10)
A survey map showing federal, state, county or local parks,
recognized historic or heritage sites, state-identified wetlands,
or important bird areas within a radius of five miles, as identified
in federal, state, county, local or New York Audubon's GIS databases
or other generally available documentation.
(11)
A list of property owners, with their mailing addresses, within
500 feet of the outer boundaries of the proposed site.
(12)
Studies or reports on:
(a)
Visual impact. This shall include a computerized photographic
simulation showing the site fully developed and demonstrating any
visual impacts from strategic vantage points. Color photographs of
the proposed site from at least two locations accurately depicting
the existing conditions shall be included. The study shall also indicate
the color treatment of the facility's components and any visual
screening incorporated into the project that is intended to lessen
visual prominence.
(b)
Noise. This shall include a description and map of the project's
noise-producing features and the noise-sensitive environment, including
the range of noise levels and the tonal and frequency characteristics
expected. The report shall include noise levels at property lines,
off-site residences, and any other sensitive noise-receptors, i.e.,
hospitals, libraries, schools, and places of worship, with identification
of potential problem areas. The report shall cover low frequency,
A-weighted, pure tone, and repetitive/impulsive noise. It shall also
include a report prepared by a qualified professional that analyzes
the preexisting ambient noise. The report shall describe the project's
proposed noise-control features, including specific measures proposed
to protect construction workers and mitigate noise impacts for sensitive
receptors, consistent with levels in this article.
(c)
Electromagnetic interference. This shall include an analysis
of the potential for electromagnetic interference with microwave,
radio, television, personal communication systems, 911, and other
wireless communication.
(d)
Avian impact. This shall include an analysis of bird and bat
migration, nesting, and habitat that would be affected by the proposal.
The applicant shall solicit input from the New York State Department
of Environmental Conservation on such studies and shall follow any
pertinent protocols established, adopted, or promulgated by the Department.
(e)
Geotechnical impact. This shall at a minimum include an analysis
of soils engineering and engineering geologic characteristics of the
site based on on-site sampling and testing, foundation design criteria
for all proposed structures, slope stability analysis, grading criteria
for ground preparation, cuts and fills, and soil compaction.
(f)
Engineer's report. This shall be prepared by a professional
engineer licensed in New York State and provide information regarding:
[1]
Ice throw. The report shall calculate the maximum
distance that ice from the turbine blades could be thrown.
[2]
Blade throw. The report shall calculate the maximum
distance that pieces of the turbine blades could be thrown.
[3]
Catastrophic tower failure. The report shall include
a statement from the turbine manufacturer detailing the wind speed
and conditions that the turbine is designed to withstand.
[4]
Certification by a registered New York State professional
engineer that the foundation and tower design are sufficient to withstand
wind-loading requirements for structures as established by the New
York State Uniform Construction Code.
(g)
Shadow flicker. This shall identify locations where shadow flicker
may interfere with off-site residences and roadways and the expected
duration of the flicker. The study shall identify measures that shall
be taken to eliminate or mitigate the problem.
(h)
Land use and water impacts. This shall detail potentially impacted
wetlands, surface water and groundwater resources, and the geology
and land use of the site.
A.
Application. Applicants for a special use permit for a small WECS
must submit the application to the Planning Board Chair, who shall
within 30 calendar days determine if all required information is included
in the application. If the application is incomplete, the applicant
will be provided with a written statement detailing the missing information.
B.
Review procedure. In addition to the requirements of this article, the procedure and criteria for the Planning Board's review and approval of a special use permit for a small WECS shall be in accordance with the procedures in Article VII.
C.
Findings. To grant the special use permit, the Planning Board must
find that the wind energy facility will not unreasonably interfere
with the Village's orderly land use and development plans, the
benefits to the applicant and the public exceed the burdens, the project
is not detrimental to the public health, safety, or general welfare
of the community, and the project complies with all of the relevant
provisions of the zoning law or will comply with those requirements
based on conditions that may be attached to the approval unless variances
have been granted.
D.
Consultants. The Village reserves the right to hire any consultants and/or experts reasonably necessary to assist the Planning Board in reviewing and evaluating permit applications. All fees for such consultants shall be borne by the applicant in accordance with Article XX, § 215-165, of this chapter.
A.
Any applicant for a wind energy project of more than 10 kilowatts
shall complete an environmental impact statement (EIS) in accordance
with SEQR or other state equivalent pursuant to 6 NYCRR Part 617.
B.
In addition to any other requirements mandated in 6 NYCRR Part 617,
the EIS shall include the following:
(1)
A detailed construction and installation plan for the wind energy
facility, including a construction schedule, hours of operation, routes
to be used by vehicles, gross weights and heights of vehicles, traffic
impacts, drawings of access roads, adverse sound impacts, a detailed
plan for disposal of debris, and the name and phone number of a contact
person in the field.
(2)
An operation and maintenance plan that provides for regular
maintenance schedules for the small WECS and any special maintenance
requirements.
(3)
A final transportation plan describing ingress and egress to
the project site to deliver equipment and provide access during and
after construction. Such plan shall describe any anticipated improvements
to existing roads, bridges, or other infrastructure, as well as measures
which will be taken to restore damaged or disturbed access routes
following construction.
(5)
A landscaping plan showing the current vegetation, describing
the area to be cleared, listing the specimens proposed to be added,
and detailing regrading and restoration measures to be taken after
construction according to New York State Agriculture and Markets and
New York State Department of Environmental Conservation guidelines.
The plan should also include details regarding how erosion and sediment
control will be dealt with.
C.
Hearings. The Planning Board shall conduct at least one public hearing
on the draft EIS with notice given to the public in the accordance
with 6 NYCRR Part 617.12(c)(2).
A.
Safety standards.
(1)
The total height of each small WECS shall not be more than 100
feet.
(2)
The minimum distance from the ground to the rotor blade tips
shall not be less than 15 feet.
(3)
Small WECS shall not be climbable up to 10 feet above the ground.
This can be achieved through anticlimbing devices or a fence around
the tower with locking portals at least six feet high.
(4)
All access doors on towers or to electrical equipment shall
be locked or fenced.
(5)
There shall be clearly visible signs on all small WECS, electrical
equipment warning of electrical shock or high voltage and harm from
revolving machinery. Signage shall also include a twenty-four-hour
emergency contact number.
(6)
Small WECS shall comply with all applicable FAA requirements
for air traffic warning lights.
(7)
No artificial lighting shall be allowed on small WECS except
to the extent required by the FAA or other air safety authority. Minimal
ground-level security lighting is permitted.
(8)
Each small WECS shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within the design
limits of the rotor. Manual electrical and/or overspeed shutdown disconnect
switches shall be provided and clearly labeled on the wind turbine
structure. No small WECS shall be permitted which lacks an automatic
braking, governing, or feathering system to prevent uncontrolled rotation,
overspeeding, and excessive pressure on the tower structure, rotor
blades, and turbine components.
(9)
The Planning Board may require a reasonable setback for ice throw based upon the report submitted pursuant to § 215-103A(12)(f)[1] herein.
B.
Siting and installation.
(1)
Road access to project site. Subject to the property owner's
preference, entrances to access roads must be gated and kept locked.
The applicant must only use designated traffic routes established
in the application review process. Routes should be chosen to minimize
traffic impacts taking into consideration wind energy facility related
traffic during school bus times, wear and tear on local roads, and
impacts on local businesses. Existing roads should be used to the
extent possible or if new roads are needed they should minimize the
amount of land used and the adverse environmental impacts. The applicant
is responsible for remediation of any damaged roads due to siting
and installation of the wind energy facility.
(2)
Power lines. Power lines between turbines and any other buildings
or structures should be completely underground. Power lines for connection
to the public utility company and transmission poles, towers, and
lines may be aboveground.
(3)
Connection of transmission lines from the wind energy facility
to local distribution lines.
(a)
No construction of any small WECS shall be started until evidence
is given of a signed interconnection agreement or letter of intent
with an interconnecting utility company.
(b)
The wind energy facility shall meet the requirements for interconnection
and operation as set forth in the electric utility's then current
service regulations applicable to wind power generation facilities.
(c)
Transmission lines and points of connection to local distribution
lines should be combined to the extent possible. The wind energy facility
should be connected to existing substations if possible, or if new
substations are needed, the number should be minimized.
(4)
Any construction on agricultural land shall be conducted according
to the New York State Department of Agriculture and Markets "Guidelines
for Agricultural Mitigation for Wind Power Projects" and shall not
be located on active farmland and shall be located towards the edge
of fields and tillage acreage to the fullest extent practical. Prime
agricultural soils and soils of statewide significance shall also
be avoided.
C.
Setbacks.
(1)
Each small WECS shall be set back 1.5 times tower height from
all existing residences, structures, and buildings on a nonparticipating
landowner's property.
(2)
Each small WECS shall be set back 1.5 times tower height from
the nearest school, hospital, church, or public library.
(3)
Each small WECS shall be set back 1.5 times tower height from
all property lines, overhead utility or transmission lines, other
towers, electrical substations, meteorological towers, and public
roads.
(4)
Waivers. Setbacks may be waived by the Planning Board if there
is written consent from the affected property owners at the beginning
of construction stating that they are aware of the small WECS and
the setback limitations imposed by this article and that their consent
is granted to allow reduced setbacks.
(5)
In order to advise all subsequent owners of the burdened property,
the consent, in the form required for an easement describing the benefited
and burdened properties, must be recorded in the County Clerk's
office. The easement shall be permanent and may not be revoked without
the consent of the Village Board of Trustees, which consent shall
be granted upon either the completion of decommissioning of the benefitted
small WECS in accordance with this article, or the acquisition of
the burdened parcel by the owner of the benefitted parcel. If written
consent is not obtained, a variance from the Zoning Board of Appeals
shall be required to waive setback requirements.
D.
Nuisance.
(1)
Noise:
(a)
The noise level generated by a small WECS shall not exceed 45
A-weighted decibels (dBA) for more than six minutes out of any one-hour
time period, or exceed 50 dBA for any time period, as measured at
the site property line of a nonparticipating residence.
(b)
The noise level generated by a small WECS must also not increase
ambient sound levels by more than three dBA at any sensitive noise
receptors, including residences, hospitals, libraries, schools, and
places of worship, within 2,500 feet of the site property line.
(c)
If the ambient noise level measured at the site property line
exceeds the standard, the standard shall be equal to the ambient noise
level plus three dBA.
(d)
Independent certification shall be required after construction
demonstrating compliance with this requirement.
(2)
Interference with electromagnetic communications, radio signals,
microwave and television signals. No wind energy facility shall be
installed in any location where its proximity with microwave communications,
fixed broadcast, retransmission or reception antenna for radio, wireless
phone, or other personal communications systems would produce substantial
electromagnetic interference with signal transmission or reception.
Any interference with television signals shall be mitigated by the
wind energy developer.
E.
Environmental and visual effects.
(1)
Advertising. No advertising shall be allowed on any part of
the wind energy facility including the fencing and support structures.
No lettering, company insignia, brand names, logo, or graphics shall
be allowed on the tower or blades. Reasonable identification of the
turbine manufacturer, facility owner, and facility operator is permitted.
(2)
Colors and surfaces of small WECS. Colors and surface treatment
of all small WECS shall minimize visual disruption by using white,
beige, off-white, gray, or another nonreflective, unobtrusive color.
Subject to the preceding sentence and all applicable FAA requirements,
other small WECS components (excluding the tower and blades) shall
make use of materials, textures, screening, and landscaping that blend
the facility into the natural setting and existing environment to
the extent practicable.
(3)
Landscaping. Subject to the landowner's preference, the
landscaping of the wind energy facility should be appropriate to screen
accessory structures from roads and adjacent residences. It should
be designed to minimize the impacts of land clearing and loss of open
space.
(4)
Ecosystems and animals. Wind energy facilities may not cause
any violations of the Endangered Species Act or of New York State's
Endangered Species Regulations.
(5)
Visual setbacks. Small WECS should be set back from the tops
of visually prominent ridgelines and designed and located to minimize
adverse visual impacts to neighboring residential areas. Small WECS
shall not be installed in any location that would substantially detract
from or block the view of all or a portion of a recognized scenic
vista as viewed from any public viewing areas such as public parks,
roads, trails, or open space.
(6)
Shadow flicker. Small WECS shall be located in a manner that
makes reasonable efforts to minimize shadow flicker to any occupied
building, residences, or roadway on a nonparticipating landowner's
property. Wind energy developers shall be required to undertake reasonable
mitigation measures for shadow flicker in accordance with the preferences
of the land owner provided it allows the continued operation of the
small WECS. This mitigation obligation shall be incorporated into
any special use permit approval.
F.
Operation.
(1)
Maintenance. The owner of the small WECS shall submit an annual
report of operations and maintenance to the Code Enforcement Officer.
(a)
All small WECS must be maintained in operational condition meeting
all of the requirements of this article and other permit conditions
at all times, subject to reasonable maintenance and repair outages.
If the small WECS becomes inoperative, damaged, unsafe, or violates
a permit condition or standard, the owner/operator shall remedy the
situation within 90 calendar days after written notice from the Code
Enforcement Officer. The Code Enforcement Officer may extend the period
by an additional 90 calendar days if good cause can be shown by the
owner.
(b)
If the small WECS is not repaired or brought into permit compliance
within the time frame stated above, the Planning Board may, after
a public hearing, order remedial action or revoke the special use
permit and order removal of the small WECS within 90 calendar days.
(2)
Inspections. All wind energy facilities shall be inspected annually
for structural and operational integrity by a New-York-State-licensed
professional engineer, who has been approved by the Village. The Village's
Code Enforcement Officer and a New-York-State-licensed engineer have
the right to enter the premises of the wind energy facility at any
reasonable time to inspect the small WECS for the purpose of said
annual inspection.
A.
Abatement and decommissioning. If the wind energy facility is not
operated for a continuous period of 12 months, the Code Enforcement
Officer will contact the applicant by registered mail and provide
45 calendar days for a response. The applicant is required to respond
and set forth reasons for the stoppage and a timetable for action.
If the Code Enforcement Officer has made all reasonable efforts to
notify the applicant but the applicant does not satisfactorily respond,
the Code Enforcement Officer can request the Village Board of Trustees
to contract for removal and restoration using the money in the decommissioning
bond, after salvage value, and charge the applicant any difference
in cost.
B.
Decommissioning and site restoration plan.
(1)
The plan shall include:
(a)
The anticipated life of the small WECS;
(b)
Triggering events for decommissioning and removal;
(c)
The estimated decommissioning costs in current dollars;
(d)
How the estimate was determined;
(e)
Provision for a reestimate of such decommissioning costs every
five years by a professional engineer licensed in New York State;
and
(f)
The manner in which the small WECS will be decommissioned and
the site restored including removal of all structures, turbines, cabling,
electrical components, debris, and foundations to a depth of 36 inches,
restoration of the soil and vegetation, and restoration of roads and
driveways, less any fencing or residual minor improvements requested
by the landowner.
C.
Bond.
(1)
A decommissioning bond payable to the Village of Weedsport in
an amount to be determined by the Village Board of Trustees for removal
of nonfunctional small WECS and restoration of the wind energy facility
site shall be maintained by the applicant.
(2)
The bond, letter of credit, or other equivalent form of security
must be confirmed to be sufficient to cover decommissioning and site
restoration costs every five years.
Prior to issuance of a building permit for a small WECS, the
applicant shall provide the Code Enforcement Officer with proof of
a general liability insurance policy at a level to be determined by
the Village Board of Trustees in consultation with the Village's
insurer, to cover damage or injury that might result from failure
of any part of the WECS.
A.
If ownership of a small WECS changes, the new owner must present
full contact information and proof to the Code Enforcement Officer
that all required bonds and insurance policies remain in full force
30 calendar days prior to the transfer of ownership.
B.
Any replacement of or modification or alteration to a small WECS,
excluding regular maintenance and repair, requires an amendment to
the special use permit, which amendment shall not be unreasonably
withheld.
C.
Replacement of a small WECS may occur without Planning Board approval
when there will be:
A.
The Village Board of Trustees acknowledges that prior to construction
of a small WECS, a wind site assessment is conducted to determine
the wind speeds and the feasibility of using particular sites. Installation
of wind measurement towers, also known as "anemometer towers," shall
be permitted as a special use in the Industrial (I) Zoning District.
B.
Anyone seeking to build a temporary or permanent wind measurement
tower must submit an application for a special use permit to the Planning
Board. The special use permit for a temporary wind measurement tower
is valid for up to two years and may be renewed.
(1)
An application for a wind measurement tower shall include:
(a)
Name, address, and telephone number of the applicant.
(b)
Name, address, and telephone number of the property owner. If
the property owner is not the applicant, the application 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 application.
(c)
Address of each proposed tower site, including tax map section,
block, and lot number.
(d)
Site plan.
(e)
Decommissioning plan, based on the criteria in this article
for small WECS, including a security bond or cash for removal.
C.
Wind measurement towers must be set back from property lines at least
1.5 times the total height of the tower and shall not be located on
active farmland and shall be located towards the edge of fields and
tillage acreage to the fullest extent practical. Prime agricultural
soils and soils of statewide significance shall also be avoided.
D.
Removal.
(1)
Temporary wind measurement towers shall be removed no later
than date that the temporary wind measurement tower special use permit
expires.
(2)
Subsequent to removal of temporary or permanent wind measurement
towers, installation sites shall be restored to a condition substantially
similar to the site's condition upon installation of wind measurement
tower.
A.
The Village Board of Trustees shall appoint such Village staff, including
the Code Enforcement Officer, or outside consultants as it sees fit
to enforce this article.
B.
During construction, the Code Enforcement Officer may issue a stop-work
order at any time for violations of this chapter, the special use
permit, building permit, or site plan approval.
C.
Any person owning, controlling, or managing any building, structure, or land who undertakes a wind energy facility in violation of this article or in noncompliance with the terms and conditions of any permit issued pursuant to this article, or any order of the Code Enforcement Officer, and any person who assists in so doing, shall be guilty of a violation and subject to the fines, penalties, and procedures in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport.
D.
In case of any violation or threatened violation of any of the provisions of this article, including any permits issued pursuant to this article, the Village 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 in accordance with the provisions in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport.
