The purpose of this article is to provide standards
for small wind energy conversion systems designed for on-site home,
farm, and small commercial use and that are primarily used to reduce
on-site consumption of utility power. The intent of this article is
to encourage the development of small wind energy systems and to protect
the public health, safety, and community welfare.
A.
Applications for small WECS special use permits shall
include:
(1)
The name, address, and telephone number of the applicant
are required. If the applicant will be represented by an agent, the
name, address and telephone number of the agent are required, as well
as an original signature of the applicant authorizing the agent to
represent the applicant.
(2)
The 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
application and authorizing the submission of the application.
(3)
The address of each proposed tower site, including
the Tax Map section, block and lot number.
(4)
Evidence that the proposed tower height does not exceed
the height recommended by the manufacturer or distributor of the system.
(5)
A line drawing of the electrical components of the
system in sufficient detail to allow for a determination that the
manner of installation conforms to the Electric Code.
(6)
Sufficient information demonstrating that the system
will be used primarily to reduce on-site consumption of electricity.
(7)
Written evidence that the electric utility service
provider that serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and so states so in the application,
to connect the system to the electricity grid.
(8)
A visual analysis of the small WECS as installed,
which may include a computerized photographic simulation, demonstrating
the visual impacts from nearby strategic vantage points. The visual
analysis shall also indicate the color treatment of the system's components
and any visual screening incorporated into the project that is intended
to lessen the system's visual prominence.
All small wind energy systems shall comply with
the following standards. Additionally, such systems shall also comply
with all the requirements established by other sections of this article
that are not in conflict with the requirements contained in this section.
A.
A system shall be located on a lot a minimum of one
acre in size; however, this requirement can be met by multiple owners
submitting a joint application, where the aggregate size of their
lots is at least one acre.
B.
Only one small WECS (plus, where authorized, a temporary
wind measurement tower) per legal lot shall be allowed. Where there
are multiple applicants, their joint lots shall be treated as one
lot for purposes of this limitation.
C.
Small WECS shall be used primarily to reduce the on-site
consumption of utility-provided electricity.
D.
Tower heights shall be limited as follows:
(1)
Sixty-five feet or less on parcels between one and
five acres.
(2)
Eighty feet or less on parcels of five or more acres.
(3)
The allowed height shall be reduced if necessary to
comply with all applicable Federal Aviation requirements, including
Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of
the Code of Federal Regulations regarding installations close to airports.
E.
The maximum turbine power output is limited to 10
kilowatts.
F.
The system's tower and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporate
nonreflective surfaces to minimize any visual disruption.
G.
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, and trails). Facilities shall not exceed
the ridgeline level, where the "ridgeline" is defined as the average
height of the summertime vegetation on the parcel.
H.
Exterior lighting on any structure associated with
the system shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
I.
All on-site electrical wires associated with the system
shall be installed underground, except for tie-ins to a public utility
company and public utility company transmission poles, towers and
lines. This standard may be modified by the Town Board if the project
terrain is determined to be unsuitable due to reasons of excessive
grading, biological impacts, or similar factors.
J.
The system shall be operated such that no disruptive
electromagnetic interference is caused. If it has been demonstrated
that a system is causing harmful interference, the system operator
shall promptly mitigate the harmful interference or cease operation
of the system.
K.
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 from revolving machinery. No brand names, logo or advertising
shall be placed or painted on the tower, rotor, generator or tail
vane where it would be visible from the ground, except that a system
or tower manufacturer's logo may be displayed on a system generator
housing in an unobtrusive manner.
L.
Towers shall be constructed to provide one of the
following means of access control or other appropriate method of access:
M.
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 high or sheathed in bright orange or yellow covering
from three to eight feet above the ground.
N.
Construction of on-site access roadways shall be minimized.
Temporary access roads utilized for initial installation shall be
regraded and revegetated to the pre-existing natural condition after
completion of installation.
O.
To prevent harmful wind turbulence from existing structures,
the minimum height of the lowest part of any horizontal axis wind
turbine blade shall be at least 30 feet above the highest structure
or tree within a two-hundred-fifty-foot radius. Modification of this
standard may be made when the applicant demonstrates that a lower
height will not jeopardize the safety of the wind turbine structure.
P.
All small wind energy system tower structures shall
be designed and constructed to be in compliance with pertinent provisions
of the Uniform Building Code and National Electric Code.
Q.
All small wind energy systems shall be equipped with
manual and automatic overspeed controls. The conformance of rotor
and overspeed control design and fabrication with good engineering
practices shall be certified by the manufacturer.
R.
No chemicals may be used to control road dust during
construction.
A small wind energy system shall comply with
the following standards:
A.
Setback requirements. A small WECS shall not be located
closer to a property line than 1 1/2 times the total height of
the facility.
B.
Noise. Except during short-term events, including
utility outages and severe wind storms, a small WECS shall be designed,
installed, and operated so that the statistical sound-pressure level
generated by a small WECS shall not exceed L10 - 45 dBA, measured at the nearest off-site dwelling existing at
the time of approval (including structures under construction at said
time), nor more than 6 dBA greater than either the nighttime or daytime
preapplication background ambient noise level measured in leaf-off
conditions for a period of no less than 24 hours.
A.
A small WECS which is not used for 12 successive months
shall be deemed abandoned and shall be dismantled and removed from
the property within 24 additional months at the expense of the property
owner. Failure to abide by and faithfully comply with this section
or with any and all conditions that may be attached to the granting
of any building permit shall constitute grounds for the revocation
of the permit by the Town of Albion.
B.
All small WECS shall be maintained in good condition
and in accordance with all requirements of this section.
