The Town Board of the Town of Eden adopts this chapter to promote
the effective and efficient use of wind energy conversion systems
(WECS) and to regulate the placement of wind energy conversion systems
so that the public health, safety, natural resources, and aesthetics
will not be jeopardized.
As used in this chapter, the following terms shall have the
meanings indicated:
OVERSPEED CONTROL
A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
SITE
The physical location of a WECS, including the related tower
and transmission equipment.
SWEPT AREA
The largest area of the WECS which extracts energy from the
wind stream. In a conventional propeller-type WECS, there is a direct
relationship between swept area and the rotor diameter.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension
of the WECS.
WIND ENERGY CONVERSION SYSTEM (WECS)
A machine that converts the kinetic energy in the wind into
a usable form (commonly know as a "wind turbine" or "windmill"). The
WECS includes all parts of the system except the tower and the transmission
equipment; the turbine or windmill may be on a horizontal or vertical
axis, rotor or propeller. A WECS shall be designed and used for electricity
generation to be used on the property in which it is located and not
for commercial use.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction, which may be installed
prior to or in conjunction with a WECS or windmill farm.
WINDMILL FARM
More than one WECS (two or more wind turbines or windmills)
located within one site or adjacent sites designed and used for the
commercial delivery of electricity to the power grid, including all
related infrastructure, collection and distribution lines, substations/transformers,
access road(s), accessory structures, and related accessory equipment
or facilities. May also be referred to as a "utility-scale WECS" or
"wind farm."
No WECS shall be permitted in the Town of Eden unless a special
permit has been issued by the Town Board and site plan approval has
been issued by the Planning Board in accordance with the provisions
of this chapter.
A. Zoning district requirements.
(1) Districts permitted.
(a)
A WECS may be allowed in the Parkland (PK), Agricultural Priority
(AG), Rural Residential (RR), Neighborhood Residential (R2), and Light
Industrial (LI) Zoning Districts of the Town of Eden only by special
use permit, subject to the lot and setback requirements contained
herein.
(b)
A windmill farm and/or wind measurement tower may be allowed
in the Rural Residential (RR) and Light Industrial (LI) Zoning Districts
of the Town of Eden only by special use permit, subject to the lot,
setback, siting, and other requirements contained herein.
(2) Neither a WECS nor a windmill farm shall be allowed in the Mixed-Use
1/2 (MU-1/MU-2) Zoning Districts.
B. Application requirements. All site plan applications and special use permit applications for WECS and windmill farms shall meet the requirements of Chapter
225, Zoning, §§
225-30 and
225-46, of the Eden Town Code and include a drawing that depicts the following additional requirements:
(1) Property lines and physical dimensions of the site.
(2) Location, approximate dimensions and types of major existing structures
and uses on site.
(3) Location and elevation of the proposed WECS.
(4) Location of all aboveground utility lines on site or within one radius
of the total height of the WECS.
(5) Location and size of structures and trees above 35 feet within a
500-foot radius of the proposed WECS. For purposes of this requirement,
electrical transmission and distribution lines, antennas and slender
or open lattice towers are not considered structures.
(6) Show the zoning designations of the immediate and adjacent sites and the locations of any buildings or improvements that are within the fall zone of a proposed tower as set forth in Chapter
225, Zoning.
(7) Include make, model, picture and manufacturer's specifications,
including noise decibels.
C. General provisions. Approval of all site plans or special use permits
for the installation of a WECS or windmill farm shall comply with
the following requirements:
(1) WECS size. This chapter covers those WECS of any size.
(2) Water pumpers. Nonelectrical windmills used for pumping water may be exempted from the provisions of Subsection
C(3) through
(15), but they must be sited in such a manner as to maintain a clear fall zone of 1.5 times the height of the structure.
(3) Compliance with Building Code.
(a)
Building permit applications shall be accompanied by standard
drawings of structural components of the wind energy conversion system,
including support structures, tower, base and footings. Drawings and
any necessary calculations shall be certified, in writing, by a New
York State registered professional engineer that the system complies
with the current Building Code. This certification would normally
be supplied by the manufacturer.
(b)
Where the structural components or installation vary from the
standard design or specification, the proposed modifications shall
be certified by a New York State registered professional engineer
for compliance with the seismic and structural design provisions of
the Building Code.
(4) Compliance with Electrical Code.
(a)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the wind system to
be installed in sufficient detail to allow for a determination that
the manner of installation conforms to the Electrical Code. The application
shall include a statement from a New York State registered professional
engineer indicating that the electrical system conforms with good
engineering practices and complies with the Electrical Code. This
certification would normally be supplied by the manufacturer. All
equipment and materials shall be used or installed in accordance with
such drawings and diagrams.
(b)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New York State registered professional
engineer for compliance with the requirements of the Electrical Code
and good engineering practices.
(5) Rotor safety. Each WECS shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade below the design
limits of the rotor. Additionally, certification of appropriate clear
zones for ice throw or blade throw (in the case of an exploding/malfunctioning
turbine or propellor in accordance with Loss of Blade Theory) and
structural compatibility of the proposed tower with the turbine and
rotor(s) shall also be provided. The application must include a statement
by a New York State registered professional engineer certifying that
these safety components have been included and the siting, design,
and fabrication for the proposed use is in accordance with good engineering
practices. This certification would normally be supplied by the manufacturer.
(6) Guy wires. Anchor points for guy wires for the WECS tower shall be
located within property lines and not on or across any aboveground
electrical transmission or distribution line. The point of ground
attachment for the guy wires shall be enclosed by a fence six feet
high.
(7) Tower access. Towers should have either:
(a)
Tower-climbing apparatus located no closer than 12 feet to the
ground;
(b)
A locked anticlimb device installed on the tower; or
(c)
The tower shall be completely enclosed by a locked, protective
fence at least six feet high. For windmill farms, a protective fence
at least six feet high enclosing the entire site may be considered.
(8) Noise. The WECS shall meet the requirements of any existing noise
ordinance of the Town of Eden. In general, the noise of the turbine
shall not exceed 50 dba, as measured at the boundaries of all the
closest parcels that are owned by non-site owners and abut the site
parcels. The applicant shall provide this information or otherwise
provide compliance with these regulations should irregularities be
noted after construction. Waivers may be granted subject to standards
set forth in the special use permit (see § 217-5E).
(9) Electromagnetic interference. The WECS shall be operated such that
no disruptive electromagnetic interference is caused. If it has been
demonstrated to a Town Building and Zoning Inspector that a wind energy
conversion system is causing harmful interference, the operator shall
promptly mitigate the harmful interference.
(10)
Signs. At least one sign shall be posted at the base of the
tower warning of electrical shock or high voltage.
(11)
Height. The minimum height of the lowest part of the swept area
of any WECS shall be 30 feet above the highest existing major structure
or tree within a 250-foot radius. For purposes of this requirement,
electrical transmission and distribution lines, antennas and slender
or open lattice towers are not considered structures. The total height
of any WECS shall be equal to or less than 200 feet.
(12)
Setbacks.
(a)
WECS shall be set back from any property line, aboveground utility
line or other WECS a distance of 1.5 times the total height. The WECS
shall also not be placed in the front yard of any existing structure.
(b)
In the case of cluster development, a WECS shall be erected within the common open space area and shall be set back from all residences a distance greater than Subsection
C(12)(a) above.
(c)
Contiguous property owners may construct a WECS for use in common, provided that the required setback, as defined in Subsection
C(12)(a) above, is maintained relative to the property lines of nonparticipant owners.
(d)
The Zoning Board of Appeals is hereby authorized to review and approve use and area variances from the requirements contained in this chapter or in Chapter
225, Zoning.
(13)
Utility interconnection (for those WECS which will be interconnected
to a utility grid). If proposed, no wind turbine shall be installed
until evidence has been given of a signed interconnection agreement,
or letter of intent, with the interconnecting utility company. For
a WECS, interconnection is permitted as a secondary element of the
overall use, but shall in no way be used for commercial purposes.
(14)
Abatement. If a wind energy conversion system or systems are
not maintained in operational condition for a period of one year and/or
pose a potential safety hazard, the owner or operator shall take expeditious
action to remedy the situation upon notice by the Town of Eden and
its duly authorized representatives. The Town of Eden reserves the
authority to abate any hazardous situation and to pass the cost of
such abatement onto the owner or operator of the system. If the Town
of Eden determines that the WECS has been abandoned or poses a safety
hazard, the system shall be removed within 45 days of written notice
to the owner or operator of the system, with windmill farms subject
to the decommission and restoration as noted herein.
(15)
Liability insurance. The applicant, owner, lessee or assignee
shall maintain a current insurance policy which will cover installation
and operation of the wind energy conversion system at all times. As
a part of the application review process, the Town may require proof
that the applicant is carrying sufficient liability, workers'
compensation, etc. during installation and operation of proposed facility.
Limits for said policy shall be set on size and scope of each project.
(16)
Lighting of tower. Lighting of the tower for aircraft and helicopters
will conform with FAA standards for wattage and color, when required.
(17)
Environmental impact. Any WECS or windmill farm project will
be subject to the State Environmental Quality Review Act (SEQRA);
a windmill farm will require a visual assessment. The visual assessment
shall include viewshed mapping and/or cross-section analysis to identify
any areas of potential visual impact as well as the potential impact
of any adjoining properties with respect to "rotor flicker" as a result
of shadows cast from the rotating blades. This assessment shall include
an evaluation of potential impacts and recommended visual mitigation
measures.
(18)
Decommissioning and restoration. For windmill farms, the applicant
shall include the following information regarding decommissioning
of the project and restoring the site:
(a)
Decommissioning plan. A formal plan shall be submitted to include
the following elements:
[1]
The anticipated life of the project, including any potential
lease extensions;
[2]
The estimated full decommissioning costs (no including salvage
value) in current dollars as well as an inflation escalation for the
life of the project, certified by a NYS licensed professional engineer;
[3]
The method and schedule for updating the costs of decommissioning
and restoration;
[4]
The method of ensuring that funds will be available for decommissioning
and restoration; and
[5]
The anticipated manner in which the project will be decommissioned
and the site restored to original conditions.
(b)
The Planning Board and/or the Town Board shall require the applicant
to provide an appropriate and adequate demolition bond for purposes
of removing the WECS facility in case the applicant fails to do so
as required above. Proof of this bond shall be provided each year
or at renewal time of any special permit.
(c)
The sufficiency of the demolition bond shall be confirmed at
least every five years by an analysis and report of the cost of removal
and property restoration to be performed by a New York State licensed
professional engineer, the cost of same to be borne by the applicant.
If said analysis and report determine that the amount of the bond
in force is insufficient to cover the removal, disposal and restoration
costs, the bond shall be increased to the amount necessary to cover
such costs within 10 days of the applicant's receipt of such
report.
(19)
Host community agreement. To ensure that windmill farm projects
adequately benefit the overall community and that wind energy resources
are used to support and mitigate the costs and impacts the wind development
will have on the community, applicants for windmill farm projects
shall enter into a host community agreement (HCA) with the Town. The
applicant or its successors shall be required to pay the Town a mutually
agreed upon host community fee annually to compensate the Town for
any expenses (e.g., monitoring, inspections) and environmental impacts
associated with the project as may be necessary to protect the Town's
and its citizens' interest. The host community fee shall be in
addition to any payment in lieu of taxes (PILOT) which may be authorized
to be collected by the Town.
(20)
Road use agreement. To ensure that local roads are protected
and repaired and impacts to traffic and local business operations
are accounted for, the applicant shall supply the Town with a plan
for designated hauling routes for windmill farm project equipment.
A road use agreement shall be executed with the appropriate agency
of jurisdiction for the remediation of damaged roads upon completion
of the installation or maintenance of a WECS and for adequate maintenance
of the roads during construction such that the roads remain open and
passable. Prior to the issuance of any building permit, a bond or
other surety acceptable to the agency and sufficient to compensate
the Town for any damage to public roads shall be secured and provided
to the Town.
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.
The Town Code Enforcement Officer or his designee shall be provided
access, at any time, to any WECS site for the purposes of ensuring
compliance with this and any other applicable code. Such access shall
be upon providing twenty-four-hour advance notification to the owner/operator
of any such site.