[HISTORY: Adopted by the Town Board of the
Town of Van Buren 7-15-2008 by L.L. No. 8-2008. Amendments noted where
applicable.]
A.
Purpose. The purpose of this chapter is to regulate
the placement, construction, and modification of small wind energy
systems while promoting the safe, effective and efficient use of such
systems. These regulations relate to small wind energy systems and
do not address large-scale wind turbines (wind farms) which are typically
intended to sell energy directly to power companies or retail users.
B.
Findings.
(1)
The Town Board of the Town of Van Buren finds and
declares that wind energy is an abundant, renewable and nonpolluting
energy resource of the Town and that its conversion to electricity
will reduce the Town's dependence on nonrenewable energy sources and
decrease the air and water pollution that results from the use of
conventional energy sources.
(2)
The Town Board of the Town of Van Buren further finds
and declares that the regulation of the siting and installation of
wind turbines is necessary for the purpose of protecting the health
and safety of neighboring property owners and the general public,
and for preserving the aesthetics of the community.
C.
RADIO, TELEVISION, TELEPHONE AND WIRELESS INTERNET SYSTEMS
SMALL WIND ENERGY SYSTEM
SYSTEM HEIGHT
TOWER
TOWER HEIGHT
TURBINE
Definitions of terms. As used in this chapter, the
following terms shall have the meanings indicated:
Commercial towers and structures that support the transmission
of radio, television, telephone and wireless Internet signals.
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics which has
a rated capacity of no more than 15 kW for single-family residential
use only and no more than 125 kW for farming applications, and is
not for resale to any other individual and/or commercial entity. Commercial
wind energy systems are not addressed within this chapter.
With regard to a small wind energy system, the combination
tower height plus blade length.
With regard to a small wind energy system, the structure
on which the wind turbine is mounted.
With regard to a small wind energy system, the height above
grade of the fixed portion of the tower.
The parts of a small wind energy system including the blades,
generator and tail.
A.
Required permits. No person, firm or corporation,
or other entity being the owner or occupant of any land or premises
within the Town of Van Buren shall use or permit the use of land or
premises for the construction of a tower for an on-site small wind
energy system without first obtaining a special use permit from the
Zoning Board of Appeals and site plan approval from the Planning Board.
B.
Special use permit. In addition to the criteria established pursuant to § 196-2A, the following criteria are hereby established for purposes of granting a special use permit for a small wind energy system:
(1)
Ownership. Ownership of the small wind energy system
must be the same as the owner of the fee interest in the real property
upon which it is located. In the event of transfer of ownership of
the property, the ownership of the small wind energy system must also
be transferred to the new owner or the tower must be decommissioned.
(2)
Zoning district/lot requirements. Small wind energy
systems are permissible in the AR-80 and R-40 districts only. A small
wind energy system shall not be allowed on any parcel unless a main
structure occupied by inhabitants more than 25% of the time exists
thereon. In any event, there shall be no more than two small wind
energy systems per parcel for farming applications in the AR-80 district
and no more than one small wind energy system per parcel in the R-40
district.
(3)
Net metering requirements. The applicant shall certify
that he/she will comply with the requirements contained in the New
York State net metering law and accompanying regulations unless the
applicant intends, and so states on the application, that the small
wind energy system will not be connected to the utility grid.
(4)
Proximity to radio, television, telephone and wireless
Internet systems. Small wind energy systems shall not be located in
any area where their proximity interferes with existing fixed broadcast,
retransmission, or reception antennae for radio, television, or any
microwave transmission systems such as cell phone towers or wireless
Internet transmission systems.
(5)
Noise limitations. Noise emanating from small wind
energy systems shall not exceed 50 decibels, as measured at the closest
property line. The maximum noise level may be exceeded during short-term
events such as severe storms involving high wind speeds (greater than
30 mph).
(6)
Height. The height of the tower shall not exceed 80
feet for residential applications and 150 feet for farming applications
measured from the ground to the top of the highest point with the
blade tip rotated to its highest vertical point.
(7)
Lightning protection. All small wind energy systems
shall have lightning protection.
(8)
Utility service. All power lines from the wind turbines
to the interconnection equipment must be located underground, must
meet all applicable national and state electrical codes and must be
recorded with the New York Underground Facility Protection Organization
(UFPO).
C.
Setbacks. Small wind energy systems shall comply with
all setbacks within the affected zoning district, in addition to the
requirements listed below. If setback requirements overlap between
the affected zone and this chapter, the more stringent requirement(s)
supersede:
(1)
All towers will be placed in the rear yard;
(2)
Setback distances shall be equal to 125% of the tower
height plus the blade length from all adjacent property lines;
(3)
Setback distances shall be equal to 125% of the tower
fall/collapse zone from any dwelling inhabited by humans on the proposed
site; and
(4)
Anchor points for guy wires for the on-site use of
a small wind energy system tower shall be located no closer than five
feet from the property line and shall not be placed on or across any
aboveground electric transmission distribution lines.
A.
Site plan review. The following submission guidelines
and requirements must be observed for the site plan approval process:
(1)
Tower design.
(a)
The tower shall be designed to handle the maximum
potential load as certified by a New York State licensed engineer.
In addition, under no circumstances shall the height of the system
exceed the height recommendations specified by the manufacturer of
the system.
(b)
The minimum distance between the ground and
the turbine blades must be 25 feet, measured at the lowest point of
the blade arc.
(c)
The tower shall maintain a galvanized finish.
(d)
No wind tower, turbine, building or other structure
associated with a small wind energy system may be used to advertise
or promote any product or service. A weather-resistant sign plate
no greater than two square feet in size containing the current owner
or operator, emergency phone number, and current address of such owner/operator
shall be located on the exterior surface of the tower or of the fence
surrounding each tower and viewable by a Code Enforcement Officer.
Such sign shall also warn of electrical shock or high voltage. No
other word or graphic representation, other than appropriate warning
signs, may be placed on a wind turbine, tower, building or other structure
associated with a small wind energy system so as to be viewable from
any public road.
(e)
The small wind energy system shall not be artificially
lighted unless required by the Federal Aviation Administration or
other appropriate authority with jurisdiction. The use of stroboscopic
lighting to satisfy tower facility lighting requirements for the Federal
Aviation Administration may be subject to on-site field testing before
the Planning Board as a prerequisite to the Board's site plan approval,
with notice to be provided to existing residential uses within 2,000
feet of each tower for which such strobe lighting is proposed.
(f)
The tower shall be enclosed with a six-foot
tall fence or the base of the tower shall not be climbable for a distance
of 15 feet from the base of the tower.
(g)
To the greatest extent possible, existing roadways
shall be used for access to the tower. In case any new roadways must
be constructed to access the small wind energy system, they shall
be constructed in such a way as to allow for the passage of emergency
vehicles in the event of an emergency. Each application shall be accompanied
by correspondence from the responding fire department and emergency
care provider as to the acceptability of the proposed ingress and
egress to the tower.
(h)
The small wind energy system shall be equipped
with an automatic braking, governing or feathering system to prevent
uncontrolled rotation, overspeeding and excessive pressure on the
tower structure, rotor blades, turbine components or enclosed shelter.
The applicant shall file a document explaining how the small wind
energy system may be shut down in case of an emergency with the Town
of Van Buren Code Enforcement Office.
(2)
Plot plan and development drawings prepared by a New
York State licensed engineer that describe all of the following:
(a)
Property lines and physical dimensions of the
proposed site, including contours at five-foot intervals;
(b)
Location, dimensions and types of all existing
structures and uses on the site;
(c)
Location and elevation of the proposed on-site
small wind energy system;
(d)
Location and size of structures or trees above
30 feet within a five-hundred-foot radius of the proposed small wind
energy system;
(e)
Location of all roads and other service structures
proposed as part of the installation;
(f)
Location of all existing aboveground utility
lines, transmission towers and existing small wind energy systems
within 1,200 linear feet of the site;
(g)
Where applicable, the location of all transmission
facilities proposed for installation;
(h)
Soil type at construction site along with an
engineering analysis of the tower showing compliance with the Uniform
Statewide Building Code;
(i)
Line drawing of the electrical components in
sufficient detail to allow for a determination that the manner of
installation conforms to the National Electrical Code. This information
can be supplied by the manufacturer;
(j)
Compliance with the requirements contained in
the New York State net metering law and accompanying regulations unless
the applicant intends, and so states on the application, that the
small wind energy system will not be connected to the utility grid;
(k)
Wind survey or other substantiation demonstrating
that proposed site is capable of meeting the manufacturer's specified
electrical output. Any such wind survey or other substantiation must
be conducted at the exact proposed construction site so as to demonstrate
the existence of sufficient wind to power the system;
(l)
Landscape plan showing all existing natural
land features, trees, forest cover, and all proposed changes to these
features, including size and type of plant material; and
(m)
A full environmental assessment form, including
a visual impact analysis. The following additional material may be
required by the Planning Board:
[1]
Digital elevation model-based project visibility
map showing the impact of topography upon visibility of the project
from other locations, to a distance radius of three miles from the
center of the project. Scaled use shall depict a three-mile radius
as not smaller than 2.7 inches, and the base map shall be a published
topographic map showing cultural features.
[2]
No fewer than four color photographs taken from
locations within a three-mile radius from the proposed location, as
selected by the Planning Board, and computer enhanced to simulate
the appearance of the as-built aboveground small energy system site
facilities as they would appear from these locations.
B.
Public hearing. No action shall be taken by the Planning
Board to issue a site plan approval until after a public notice and
hearing. Notice of the public hearing shall be published in the official
newspaper of the Town of Van Buren at least five days before the date
set for such hearing(s), and written notice of the hearing shall be
mailed to the applicant or his/her agent at the address provided in
the application at least 20 days before such hearing. The applicant,
in turn, shall be responsible for notifying, by certified mail, all
property owners of record within 300 feet of the boundary line of
the property to which the application relates of the time, date and
place of such public hearing at least 10 days prior to such hearing.
Notice shall be deemed to have been given if mailed to the property
owner at the tax billing address listed on the property tax records
of the Town Assessor. At least seven days prior to such public hearing,
the applicant shall file with the Planning Board an affidavit verifying
that notice was properly mailed to nearby property owners. Failure
of the property owners to receive such notice shall not be deemed
a jurisdictional defect.
C.
Waiver. The Planning Board may, under appropriate
circumstances, waive one or more of the submission requirements contained
herein.
A.
Insurance. Prior to the issuance of any special use
permit under this chapter, the applicant shall provide the Zoning
Board of Appeals proof, in the form of a duplicate insurance policy
or a certificate issued by an insurance company, that liability insurance
has been obtained to cover any property damage or personal injuries
which might result from the failure of the small wind energy system
or any part thereof. In the event of a transfer of ownership of the
property containing a small wind energy system, the new owner shall
be required to provide the Zoning Board of Appeals proof that it has
obtained the requisite property and personal liability insurance coverage
under this section. An insurance policy issued under this section
shall provide for notice to the Zoning Board of Appeals in the event
that such policy is cancelled. Such insurance policy may be an existing
homeowners' or farm insurance policy for the property on which the
small wind energy system is to be located. The Town Board, in consultation
with the Town of Van Buren's insurers, may set the level of insurance
required under this section at whatever level it deems adequate.
B.
Power to impose conditions. In granting any site plan
approval, special use permit or variance for an on-site small wind
energy system, the Zoning Board of Appeals or Planning Board, as the
case may be, may impose reasonable conditions to the extent that such
Board finds that these conditions are necessary to minimize any adverse
effect or impact on neighboring properties or on the community.
C.
Fees. Fees for applications and permits under this
chapter shall be established by resolution of the Town Board of the
Town of Van Buren.
D.
Inspections. The Code Enforcement Officer shall have
the right at any reasonable time to enter, in the company of the owner
or his/her agent, the premises on which a small wind energy system
is being or has been constructed to inspect all components of the
installation. When practicable, the Code Enforcement Officer shall
provide the owner with written notice of his/her intent to conduct
an inspection at least 24 hours before such inspection. Upon inspection,
the Code Enforcement Officer may order the owner to make repairs or
alterations to the system in the event that the system is deemed deficient
or dangerous, and may order that the wind energy system cease operation
until such repairs or alterations are made. In the event that the
wind energy system is deemed to pose an immediate danger to life or
property, the Code Enforcement Officer shall have the right to enter
the property forthwith, without the owner being present, and to take
such action as is deemed reasonably necessary to eliminate such danger.
E.
Failure to repair. In the event the owner of a small
wind energy system fails to make the repairs or alterations requested
by the Code Enforcement Officer within six months, the Code Enforcement
Officer shall order the owner to remove the wind turbine and all accessory
structures from the property within 45 days. If the owner fails to
remove the tower within such time, the Town shall arrange to have
the wind turbine and all accessory structures removed. The total expense
of such removal shall constitute a lien on the real property on which
the wind turbine and accessory structures were located until paid
or otherwise satisfied or discharged.
F.
Nonuse. If any small wind energy system is not operated
for a continuous period of 12 months, the Town will notify the owner
by registered mail and provide 45 days for a response.
(1)
In the response, the owner shall set forth reasons
for the operational disruption and provide a timetable for corrective
action. Such timetable for corrective action shall not exceed 45 days.
(2)
If the owner is unable to place the small wind energy
system back in service on or before 120 days from the date the Town
mailed the notice required under this section, the owner shall remove
the wind turbine and all accessory structures from the site, as well
as restore the site to its original condition, within 30 days. Failure
to remove the wind turbine/accessory structures and restore the site
in accordance with these regulations shall be a violation of this
chapter. In the event the owner fails to remove the wind turbine/accessory
structures and restore the site as required by this section, the Town
may arrange to have such work completed. The total expense of such
work shall constitute a lien on the real property upon which the wind
turbine and accessory structures were located until paid or otherwise
satisfied or discharged.
G.
Penalties. Any person who violates any provision of
this chapter shall be guilty of a violation and subject to a fine
of not more than $250, imprisonment not to exceed 15 days, or both
such fine and imprisonment. For purposes of imposing a fine under
this subsection, a person shall be guilty of a separate and additional
violation for each day he/she fails to correct a violation of any
provision of this chapter.
If any clause, sentence, paragraph, subdivision,
section or part of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgment is rendered.
