Town of Albion, NY Article III Miscellaneous Provisions

§ 104-14 Variances.

A. The Zoning Board of Appeals, in accordance with its normal procedures, may grant variances for small WECS, but in no event shall the Zoning Board of Appeals grant a variance allowing a larger WECS than permitted by this chapter, or a WECS primarily designed to generate electricity for off-site use, or any large-scale multiple-tower wind facilities.

B. If a court of competent jurisdiction orders the Zoning Board of Appeals to consider a use variance for any wind energy facility other than a small WECS or if the prohibition on any wind energy facility other than a small WECS is invalidated, no wind energy facility shall be allowed except upon issuance of a special use permit issued by the Town Board after a public hearing, which permit shall require a decommissioning plan and removal bond, site plan approval by the Planning Board pursuant to Article X of chapter 103, Zoning and a public improvement bond to protect public roads, and shall comply with the following minimum setbacks (the Zoning Board, upon a request for a use variance, may consider these standards in establishing conditions, but nothing in this section shall be read as deviating from the standards for granting use variances under state law nor limiting the Zoning Board's powers under SEQRA):

(1) The statistical sound-pressure level generated by a 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. If the ambient sound-pressure level exceeds 45 dBA, the standard shall be ambient dBA plus 5 dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.

(2) One thousand five hundred feet from the nearest site boundary property line.

(3) One thousand five hundred feet from the nearest public road.

(4) Two thousand five hundred feet from the nearest off-site residence existing at the time of approval, measured from the exterior of such residence.

(5) One and one-half times the total height of the WECS from any non-WECS structure or any aboveground utilities.

(6) Two hundred fifty feet from federal or state-identified wetlands, to protect bird and bat populations. This distance may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land cover, land uses and other factors that influence the flight patterns of resident birds.

§ 104-15 Fees.

See the Wind Energy Facilities Fee Schedule, Attachment 1, Local Law No. 2-2008.[1]

[1] Editor's Note: The Fee Schedule is on file in the Town Offices.

§ 104-16 Tax exemption.

The Town hereby exercises its right to opt out of the tax exemption provisions of Real Property Tax Law § 487, pursuant to the authority granted by subdivision 8 of that section of that law.

§ 104-17 Enforcement; penalties for offenses; remedies.

A. The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this chapter.

B. Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy facility in violation of this chapter or in noncompliance with the terms and conditions of any permit issued pursuant to this chapter or any order of the enforcement officer and any person who shall assist in so doing shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $350 for each violation, and each week said violation continues shall be deemed a separate violation.

C. In case of any violation or threatened violation of any of the provisions of this chapter, including the terms and conditions imposed by any permit issued pursuant to this chapter, in addition to other remedies and penalties herein provided, the Town 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.

D. The penalties established by this section may be changed by Town Board resolution, adopted after a duly noticed public hearing.