This chapter may be cited as the "Wind Energy
Facility Law of the Town of Albion, New York."
The Town Board of the Town of Albion adopts
this chapter to promote the effective and efficient use of the Town's
wind energy resource through wind energy conversion systems (WECS)
without harming public health and safety and to avoid jeopardizing
the welfare of the residents.
The Town Board of the Town of Albion enacts
this chapter under the authority granted by:
A. Article IX of the New York State Constitution, § 2(c)(6)
and (10).
B. New York Statute of Local Governments, § 10,
Subdivisions 1, 6 and 7.
C. New York Municipal Home Rule Law, § 10,
Subdivision 1(i) and (ii) and § 10, Subdivision 1a(6), (11),
(12), and (14).
D. The supersession authority of the New York Municipal
Home Rule Law, § 10, Subdivision 2d(3), specifically as
it relates to determining which body shall have power to grant variances
under this chapter, to the extent such grant of power is different
from Town Law § 267.
E. New York Town Law, Article 16, Zoning and Planning.
F. New York Town Law, § 130, Subdivision 1,
Building Code; Subdivision 3, Electrical Code; Subdivision 5, Fire
prevention; Subdivision 7, Use of streets, highways, sidewalks and
public places; Subdivision 7-a, Location and construction of driveways,
Subdivision 11, Peace, good order and safety; Subdivision 15, Promotion
of public welfare; Subdivision 15-a, Excavated lands; Subdivision
16, Unsafe buildings and collapsed structures; Subdivision 19, Trespass;
and Subdivision 25, Building lines.
G. New York Town Law § 64, Subdivision 17-a,
Historic places; and Subdivision 23, General powers.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL OR FARM OPERATIONS
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 § 301 of the
New York Agriculture and Markets Law, and timber processing, as defined
in Subdivision 14 of § 301 of the New York Agriculture and
Markets Law. Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous
to each other.
EAF
An environmental assessment form used in the implementation
of the SEQRA, as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
RESIDENCE
Any dwelling for habitation, either seasonally or permanently,
by one or more persons. A residence may be part of a multidwelling
or multipurpose building and shall include buildings such as hotels,
hospitals, motels, dormitories, sanitariums, nursing homes, schools
or other buildings used for educational purposes, or correctional
institutions.
SEQRA
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.
SITE
The parcel of land where the WECS is to be placed. The site
could be publicly or privately owned by an individual or a 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.
SOUND-PRESSURE LEVEL
The level which is equaled or exceeded a stated percentage
of time. An L10 - 45 dBA indicates that, in
any hour of the day, 45 dBA can be equaled or exceeded only 10% of
the time, or for six minutes. The measurement of the sound-pressure
level can be done according to the International Standard for Acoustic
Noise Measurement Techniques for Wind Generators (IEC 61400-11) or
other accepted procedures.
SMALL WIND ENERGY CONVERSION SYSTEM ("SMALL WECS")
A wind energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 10 kilowatts and which is intended
to primarily reduce on-site consumption of utility power.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension
of the WECS.
WIND ENERGY FACILITY
Any wind energy conversion system, small wind energy conversion
system, or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction. Temporary (no more
than two years) towers may be allowed as part of a small WECS application,
where the requested tower meets all height, setback and other requirements
of this chapter.