The purpose of these regulations is to provide for the construction
and operation of wind energy facilities in the Town of Geneva, subject to
reasonable conditions that will protect the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
The person or entity filing an application under these regulations.
FACILITY OWNER
The entity or entities having an equity interest in the wind energy
facility, including their respective successors and assigns.
HUB HEIGHT
The distance measured from the surface of the tower foundation to
the height of the wind turbine hub, to which the blade is attached.
NONPARTICIPATING LANDOWNER
Any landowner except those on whose property all or a portion of
a wind energy facility is located or who has an agreement with the facility
owner or operator.
OCCUPIED BUILDING
A residence, barn, shop, garage, school, hospital, church, public
library or other building used for public gathering that is occupied or in
use when the permit application is submitted.
OPERATOR
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
PARTICIPATING LANDOWNER
Any landowner on whose property all or a portion of a wind energy
facility is located or who has an agreement with the facility owner or operator.
SMALL WIND ENERGY SYSTEM
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 250 kW and which is intended to primarily reduce
on-site consumption of utility power.
TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding
the wind turbine itself.
TURBINE HEIGHT
The distance measured from the surface of the tower foundation to
the highest point of the turbine rotor plane.
WIND ENERGY FACILITY
An electric generating facility, whose main purpose is to supply
electricity, consisting of one or more wind turbines and other accessory structures
and buildings, including substations, meteorological towers, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
WIND TURBINE
A wind energy conversion system that converts wind energy into electricity
through the use of a wind turbine generator, and includes the nacelle (structure
which houses all of the generating components, gearbox, drive train, etc.),
rotor, tower, and pad transformer, if any.
Wind energy facilities shall not be permitted nor constructed in the
R-1 Residence District, R-2 Residence District, B-1 General Business District
and B-2 Special Business District.
Wind energy facilities shall be permitted within the Town of Geneva
in the following locations:
A. On properties that are:
(1) Zoned A Agricultural; and
(2) Located west of County Road 6, south of Hastings Road,
east of the Town of Geneva/Seneca line and north of the Ontario County/Yates
County line.
B. On properties that are:
(1) Zoned I-1 Industrial; and
(2) Located east of Route 14N, south of the Phelps/Geneva
Town line, west of Pre-Emption Street and north of the City of Geneva/Town
of Geneva line.
Property owners may not waive setback requirements and must adhere to setbacks as defined in §
163-9.
Prior to the issuance of a building permit, the applicant shall provide
the Town of Geneva with proof in the form of a duplicate insurance policy
or a certificate issued by an insurance company of liability insurance of
a level to be determined by the Town Board in consultation with the Town's
insurer to cover damage or injury which might result from the failure of a
tower or towers or any other parts of the generation and transmission facility.
Small wind energy systems shall only be a permitted use in A Agricultural
and I-1 Industrial-zoned area classes, subject to certain requirements as
set forth below:
A. Tower height. For property sizes between 1/2 acre and
one acre the tower height shall be limited to 80 feet. For property sizes
of one acre or more, the tower height shall be limited to 200 feet, except
where such height does not conform to regulations imposed by the FAA.
B. Setback. No part of the wind system structure, including
guy-wire anchors, may extend closer than 1.25 times the turbine height to
the property boundaries of the installation site.
C. Noise. Small user wind energy systems shall not exceed
50 dBA, as measured at the closest nonparticipating landowner's occupied
building. The level, however, may be exceeded during short-term events such
as utility outages and/or severe windstorms.
D. Approved wind turbines. Small user wind turbines must
have been approved under the Emerging Technologies Program of the California
energy Commission or any other small wind certification program recognized
by the American wind energy Association.
E. Compliance with Uniform Building Code. Building permit
applications for end-user wind energy systems shall be accompanied by standard
drawings of the wind turbine structure, including the tower, base and footings.
An engineering analysis of the tower showing compliance with the Uniform Building
Code and certified by a licensed professional engineer shall also be submitted.
This analysis is frequently supplied by the manufacturer. Wet stamps shall
not be required.
F. Compliance with FAA regulations. Small wind energy systems
must comply with applicable FAA regulations, including any necessary approvals
for installations close to airports.
G. Compliance with National Electrical Code. Building permit
applications for small wind energy systems shall be accompanied by a line
drawing of the electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical Code.
This information is frequently supplied by the manufacturer.
H. Utility notification. No end-user wind energy system
shall be installed until evidence has been given that the utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this requirement.
Wind power construction projects located in county-adopted, state-certified
agricultural districts shall comply with the following guidelines:
A. The project sponsor is encouraged to coordinate with
the New York State Department of Agriculture and Markets (Ag. and Markets)
to develop an appropriate schedule for milestone inspections to assure that
the goals of these guidelines are being met. For larger projects, the project
sponsor shall hire an Environmental Monitor to oversee the construction and
restoration in agricultural fields.
B. Siting recommendations and goals:
(1) Minimize impacts to normal farming operations by locating
structures along field edges and in nonagricultural areas, where possible.
(2) Locate access roads which cross agricultural fields along
ridge tops where possible to eliminate the need for cut and fill and reduce
the risk of creating drainage problems.
(3) Avoid dividing larger fields into smaller fields, which
are more difficult to farm, by locating access roads along the edge of agricultural
fields and in nonagricultural areas where possible.
(4) All existing drainage and erosion control structures
such as diversions, ditches and tile lines shall be avoided or appropriate
measures taken to maintain the design and effectiveness of the existing structures.
Any structures disturbed during construction shall be repaired to as close
to original condition as possible, as soon as possible, unless such structures
are to be eliminated based on a new design.
C. Construction guidelines.
(1) The surface of access roads constructed through agricultural
fields shall be level with the adjacent field surface.
(2) Where necessary, culverts and waterbars shall be installed
to maintain natural drainage patterns.
(3) All topsoil must be stripped from agricultural areas
used for vehicle and equipment traffic and parking. All vehicle and equipment
traffic and parking shall be limited to the access road and/or designated
work areas such as tower sites and laydown areas. No vehicles or equipment
will be allowed outside the work area without prior approval from the landowner
and, when applicable, the Environmental Monitor.
(4) Topsoil from work areas (tower sites, parking areas,
open-cut electric cable trenches, along access roads) shall be stockpiled
separate from other excavated material (rock and/or subsoil). At least 50
feet of temporary workspace is needed along open-cut electric cable trenches
for proper topsoil segregation. All topsoil will be stockpiled immediately
adjacent to the area where stripped/removed and shall be used for restoration
on that particular site. Topsoil stockpile areas shall be clearly designated
in the field and on the on-site working set of construction drawings.
(5) In cropland, hayland and improved pasture, a minimum
depth of 48 inches of cover will be required for all buried electric cables.
In unimproved grazing areas and land permanently devoted to pasture, a minimum
depth of 36 inches of cover will be required. In areas where the depth of
soil over bedrock ranges from zero to 48 inches, the electric cables shall
be buried entirely below the top of the bedrock or at the depth specified
for the particular land use, whichever is less. At no time will the depth
of cover be less than 24 inches below the soil surface.
(6) All excess subsoil and rock shall be removed from the
site. On-site disposal of such material may be allowed if approved by the
landowner and, when applicable, the Environmental Monitor, with appropriate
consideration given to any possible agricultural or environmental impacts.
(Any permits necessary for disposal under local, state and/or federal laws
and regulations must be obtained by the contractor, with the cooperation of
the landowner when required.)
(7) In pasture areas, work areas will be fenced to prevent
livestock access, consistent with landowner agreements.
(8) All pieces of wire, bolts and other unused metal objects
will be picked up and properly disposed of as soon as is practical after the
unloading and packing of turbine components so that these objects will not
be mixed with any topsoil. (Any permits necessary for disposal under local,
state and/or federal laws and regulations must be obtained by the contractor,
with the cooperation of the landowner when required.)
(9) Excess concrete will not be buried or left on the surface
in active agricultural areas. Concrete trucks will be washed outside of active
agricultural areas. (Any permits necessary for disposal under local, state
and/or federal laws and regulations must be obtained by the contractor, with
the cooperation of the landowner when required.)
D. Restoration guidelines.
(1) Following construction, all disturbed agricultural areas
will be decompacted to a depth of 18 inches with a deep ripper or heavy-duty
chisel plow. In areas where the topsoil was stripped, soil decompaction shall
be conducted prior to topsoil replacement. Following decompaction, all rocks
four inches and larger in size will be removed from the surface of the subsoil
prior to replacement of the topsoil. The topsoil will be replaced to original
depth and the original contours will be reestablished where possible. All
rocks four inches and larger shall be removed from the surface of the topsoil.
Subsoil decompaction and topsoil replacement should be avoided after October
1, unless approved on a site-specific basis by the landowner in consultation
with Ag. and Markets. All parties involved should be cognizant that areas
restored after October 1 may not obtain sufficient growth to prevent erosion
over the winter months. If areas are to be restored after October 1, some
provision should be made to restore any eroded areas in the springtime to
establish proper growth.
(2) All access roads will be regraded to allow for farm equipment
crossing and to restore original surface drainage patterns or other drainage
pattern incorporated into the design.
(3) All restored agricultural areas shall be seeded with
the seed mix specified by the landowner in order to maintain consistency with
the surrounding areas.
(4) All surface or subsurface drainage structures damaged
during construction shall be repaired to as close to preconstruction conditions
as possible, unless said structures are to be removed as part of the project
design.
(5) Following restoration, all construction debris will be
removed from the site.
E. Two-year monitoring and remediation period.
(1) The project sponsor will provide a monitoring and remediation
period of no less than two years immediately following the completion of initial
restoration. The two-year period allows for the effects of climatic cycles
such as frost action, precipitation and growing seasons to occur, from which
various monitoring determinations can be made. The monitoring and remediation
phase will be used to identify any remaining agricultural impacts associated
with construction that are in need of mitigation and to implement the follow-up
restoration.
(2) General conditions to be monitored include topsoil thickness,
relative content of rock and large stones, trench settling, crop production,
drainage and repair of severed fences, etc. Impacts will be identified through
on-site monitoring of all agricultural areas impacted by construction and
through contact with respective farmland operators and the Department of Agriculture
and Markets.
(3) Topsoil deficiency and trench settling shall be mitigated
with imported topsoil that is consistent with the quality of topsoil on the
affected site. Excessive amounts of rock and oversized stone material will
be determined by a visual inspection of disturbed areas as compared to portions
of the same field located outside the construction area. All excess rocks
and large stones will be removed and disposed of by the project sponsor.
(4) When the subsequent crop productivity within affected
areas is less than that of the adjacent unaffected agricultural land, the
project sponsor, as well as other appropriate parties, will help to determine
the appropriate rehabilitation measures to be implemented. Because conditions
which require remediation may not be noticeable at or shortly after the completion
of construction, the signing of a release form prior to the end of the remediation
period will not obviate the project sponsor's responsibility to fully
redress all project impacts.
(5) Subsoil compaction shall be tested using an appropriate
soil penetrometer or other soil compaction measuring device. Compaction tests
will be made for each soil type identified on the affected agricultural fields.
The subsoil compaction test results within the affected area will be compared
with those of the adjacent unaffected portion of the farm field/soil unit.
Where representative subsoil density of the affected area exceeds the representative
subsoil density of the unaffected areas, additional shattering of the soil
profile will be performed using the appropriate equipment. Deep shattering
will be applied during periods of relatively low soil moisture to ensure the
desired mitigation and to prevent additional subsoil compaction. Oversized
stone/rock material which is uplifted to the surface as a result of the deep
shattering will be removed.
Any person who violates this chapter shall be subject to penalties as provided in Chapter
1, General Provisions, Article
III.