[HISTORY: Adopted by the Town Board of the
Town of Cicero 8-25-2008 by L.L. No. 16-2008. Amendments noted
where applicable.]
The purpose of this article is to promote the
effective and efficient use of the Town's wind energy resources through
wind energy conversion systems (WECS) and to regulate the placement
of WECS in a manner that does not jeopardize the public health, safety
or welfare. This article shall strive to provide adequate regulations
to properly site WECS in a manner that mitigates potential negative
impacts associated with WECS. The demand in the Town for WECS has
been for those that produce relatively small amounts of electrical
power for on-site use. Thus, with this article, the Town seeks to
regulate WECS that are capable of producing 100 kilowatts or less
of electrical power.
The Town Board finds and declares that:
A.
Wind energy is an abundant, renewable and nonpolluting
energy resource, and the conversion of wind energy to electricity
may reduce dependence on nonrenewable energy sources as well as decrease
the pollution associated with the use of conventional energy sources.
B.
The generation of electricity from properly sited
WECS, including small systems, can be cost-effective. In many cases,
existing power distribution systems can be used to transmit electricity
from wind-generating stations to utilities or other users.
C.
Regulation of the siting and installation of WECS
is necessary to protect the health, safety and welfare of neighboring
property owners and the general public.
D.
WECS can result in significant aesthetic impacts because
of their large size, lighting and shadow flicker effects.
E.
The installation of WECS can create drainage problems
if not properly regulated.
F.
WECS technology evolves quickly and is increasingly
in demand. Safer, smaller and more efficient WECS than those presently
available to the public at the time this article is adopted may be
available in the near future. The Cicero Town Board wishes to grant
the Planning Board the flexibility to allow for new WECS technology
in the Town of Cicero that may otherwise be prohibited by this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure having a roof supported by columns or walls and
intended for the shelter or enclosure of persons, animals or chattel.
The height of the structure from finished grade at the base
of the WECS to the furthest vertical extension of the WECS, including
the tower, turbine, rotors, blades and other associated appurtenances.
A mechanism used to limit the speed of blade rotation below
the design limits of the WECS.
The parcel of land on which the WECS is to be placed.
Those points from which the WECS is visible.
A machine that converts kinetic energy in the wind to a usable
form, commonly referred to as a "wind turbine" or a "windmill." The
WECS includes all parts of the system. The turbine or windmill may
be on a horizontal or vertical axis, rotor or propeller.
B.
Application. Every application for a site plan shall be made, in writing, to the Planning Board and shall be accompanied by the fees as established by the Town Board, which fees may include post-construction inspection fees if determined necessary by the Planning Board. In addition to a site plan application and associated information required by § 210-27, a WECS application shall include the following information:
(1)
A site plan with the information required by § 210-27C, and illustrating:
(a)
Property line and physical dimensions of the
proposed site;
(b)
Location, approximate dimensions and types of
existing buildings, structures and uses at the site;
(c)
Location and elevation of the proposed WECS;
(d)
Location of all aboveground utility lines and
other WECS on site, or within one radius of the total height of the
proposed WECS, including the furthest vertical extension of the rotor
assembly;
(e)
Location of all transmission facilities proposed
for installation, as applicable;
(f)
Location of all road and other service structures
proposed as part of the WECS installation, as applicable; and
(g)
Lighting information, as applicable.
(2)
Drawings or a narrative indicating the method of making
the WECS inaccessible to unauthorized personnel.
(3)
A written and signed statement indicating that the applicant and owner, if different, will comply with § 207-5A(5).
(4)
Drawings and specifications prepared and stamped by
a registered professional engineer of the generator, hub and blades,
and electrical support facilities, including transformers, cables
and control devices.
(5)
Structural drawings prepared and stamped by a registered
professional engineer of the tower, including foundation design and
guy wire design, as applicable. Such drawings shall evidence that
the WECS complies with the NYS Building Code, other applicable regulations
and sound engineering practices.
(6)
A statement by a registered professional engineer
certifying that the rotor and overspeed controls have been designed
and fabricated for the proposed use in accordance with sound engineering
practices. The engineer should also certify the structural compatibility
of possible towers with available rotors.
(7)
A project visibility map, such as a USGS or similar
map, that shows the limits of the viewshed.
(8)
A photographic rendering of the WECS from at least
three selected locations within the viewshed. The photographic renderings
should reflect the view from residential areas or areas where a large
number of people will view the WECS.
(9)
Information on sound generation from the WECS and associated appurtenances that indicates compliance with Cicero Town Code Chapter 143.
(10)
Information on compliance with Federal Aviation
Administration requirements.
(11)
Evidence that the applicant has notified the
utility company that it intends to establish a WECS at the site.
A.
General provisions. WECS shall comply with the following
requirements:
(1)
Setbacks.
(a)
WECS shall be set back from any property line,
aboveground utility line, other WECS or buildings a distance greater
than 105% of their overall height.
(b)
Contiguous property owners may construct a WECS
for use in common, provided that the required setback is maintained
relative to the property lines of the property on which the WECS is
located.
(2)
Lighting of WECS. WECS shall have no additional lighting
unless required by the Federal Aviation Administration. If FAA rules
and regulations require lighting at the WECS, such lighting shall
conform with FAA standards for wattage and color.
(3)
Utility notifications. For those WECS which will be
interconnected to a utility grid, the WECS shall not be interconnected
until evidence has been given that the utility company has accepted
such interconnection in writing.
(4)
WECS access. The WECS shall not be accessible to unauthorized
personnel. The WECS and appurtenances shall be enclosed with a six-foot
fence if the WECS can be climbed or WECS appurtenances are exposed
at ground level.
(5)
Abatement. If a WECS is not maintained in operational
condition for a period of one year, the owner shall take expeditious
action to remedy the situation. The Town of Cicero reserves the right
to abate any hazardous situation and to pass the cost of such abatement
to the owner of the WECS. If the Town determines that the WECS has
been abandoned and poses a safety hazard, the WECS shall be removed
within 45 days of written notice to the owner of the WECS.
(6)
Height. The minimum height of the WECS rotor, blade
or other moving parts shall be 20 feet above the ground. The maximum
height of the WECS shall be 60 feet in general commercial, general
commercial plus, regional commercial, and industrial districts, and
shall be 35 feet in neighborhood commercial and agricultural districts.
(7)
Guy wires. Anchor points for guy wires for the WECS
tower shall be located a distance from the property line equal to
the required building setback for the district in which the WECS is
located, and not on or across any aboveground electric transmission
or distribution line, or any building not solely utilized as an accessory
to the WECS.
(8)
Rotor safety. Each WECS must be equipped with both
manual and automatic overspeed controls to limit the rotational speed
of the blade below the design limits of the rotor.
(9)
Environmental impact. The project must be viewed for
visual pollution and for a possible environmental impact statement.
(10)
Color. The WECS shall be matte white or galvanized
metal.
(11)
Noise. The WECS shall meet the requirements of Chapter 143 of the Town Code of the Town of Cicero.
(12)
Electromagnetic interference. The WECS shall
be operated such that no disruptive electromagnetic interference is
caused. If it has been demonstrated to the Town Zoning Office that
a WECS is causing harmful interference, the owner shall promptly mitigate
the harmful interference.
(13)
Signs. At least one sign shall be posted at
the base of the tower warning of electrical shock or high voltage,
which sign shall be a maximum of 144 square inches. There shall be
no advertisement signs on the WECS.
(14)
WECS shall be allowable in neighborhood commercial, general commercial, general commercial plus, regional commercial and industrial zoning districts, and in agricultural districts on sites of two acres in size or greater. WECS are prohibited in agricultural districts on sites less than two acres in size, and residential districts, except in accordance with § 207-6C.
(15)
No more than one WECS shall be permitted on
a site, and it shall be an accessory use for the site.
(16)
WECS shall be installed on the natural grade
of the site.
B.
Building permit application for a WECS. Building permit
applications for a WECS shall be accompanied by a plot plan not less
than two years old prepared by a licensed land surveyor, and in sufficient
detail to clearly describe the following:
(1)
Property lines and physical dimensions of the site.
(2)
Location, dimensions and types of 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 105% of the total height of the WECS.
(5)
The make, model, picture and manufacturer's specifications,
including noise decibels.
C.
Certificate of compliance and inspections.
(1)
Each WECS shall be required to obtain a certificate
of compliance from the Zoning Department after it has been installed.
No certificate of compliance shall be issued unless the WECS complies
with the site plan for the same approved by the Planning Board and
the WECS is in full compliance with all other provisions of this chapter.
(2)
Prior to obtaining a certificate of compliance, the applicant shall submit evidence satisfactory to the Zoning Department that the WECS is not in violation of Chapter 143.
(3)
All WECS towers shall be inspected annually for structural
integrity by a qualified inspector, and the inspection report shall
be filed with the Zoning Department within 30 days of the annual anniversary
date on which the WECS received a certificate of compliance. Any deficiencies
noted by the inspector must be corrected within 30 days of the inspection,
and certification that the deficiency has been corrected must be provided
to the Zoning Department.
A.
Water pumpers. Nonelectrical WECS used for pumping water may be exempted from the provisions of §§ 207-4 and 207-5. However, they must be sited so that any tip-over will be harmless to buildings, shall not exceed 35 feet in height, shall comply with applicable setbacks, and shall only be permitted in agricultural districts.
B.
Ornamental WECS. WECS used solely for decorative or
aesthetic purposes are allowable in any zoning district. Such ornamental
WECS shall be no greater than six feet in height in all districts
except agricultural, in which case such ornamental WECS shall be no
higher than 35 feet. Ornamental WECS shall comply with applicable
setbacks, and must be sited so that any tip-over will be harmless
to buildings.
C.
Waivers. The Planning Board shall have the ability to waive any requirement of § 207-4 or 207-5, including, but not limited to, the requirement that WECS are prohibited in certain districts, upon a written finding by the Zoning Department that advancements in technology make such requirement unnecessary for the preservation of the health, safety and welfare of the public. Such written finding shall detail why such requirement is unnecessary, and may be appealed to the Zoning Board of Appeals in accordance with the applicable provisions of Chapter 210 and the New York State Town Law.
A.
Failure to comply with any of the provisions of this
chapter shall constitute a violation punishable either:
(1)
By the imposition of a fine not exceeding $350 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense; for a conviction of a second offense, both of
which were committed within a period of five years, by a fine of not
less than $350 but no more than $700, or imprisonment for a period
not exceeding 15 days, or both; and, for conviction of a third or
subsequent offense, all of which were committed within a period of
five years, by a fine of not less than $700 but no more than $1,000
or imprisonment for a period not exceeding six months, or both; and/or
(2)
By the imposition of a civil penalty in the above
amounts, which said penalty may be assessed and recoverable against
the violator in a small claims proceeding instituted by the Town in
the Town Justice Court, pursuant to the provisions of Article 18 of
the Uniform Justice Court Act.
B.
Each week's continued violation shall constitute a
separate, additional violation for which separate and additional fines
or civil penalties in the above amounts may be imposed or recovered.
