[HISTORY: Adopted by the Town Board of the Town of Geneva 12-11-2007
by L.L. No. 3-2007. Amendments noted where applicable.]
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:
The person or entity filing an application under these regulations.
The entity or entities having an equity interest in the wind energy
facility, including their respective successors and assigns.
The distance measured from the surface of the tower foundation to
the height of the wind turbine hub, to which the blade is attached.
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.
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.
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
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.
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.
The height above grade of the fixed portion of the tower, excluding
the wind turbine itself.
The distance measured from the surface of the tower foundation to
the highest point of the turbine rotor plane.
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.
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.
A.
These regulations apply to all wind energy facilities
proposed to be constructed after the effective date of this chapter, except
that this chapter is not intended to apply to stand-alone wind turbines constructed
primarily for small wind energy systems.
B.
Wind energy facilities constructed prior to the effective
date of this chapter shall not be required to meet the requirements of this
chapter, provided that any physical modification to an existing wind energy
facility that materially alters the size, type and number of wind turbines
or other equipment shall require a permit under this chapter.
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.
No wind energy facility or addition of a wind turbine
to an existing wind energy facility shall be constructed unless a special
use permit has been issued to the facility owner or operator approving construction
of the facility under this chapter.
B.
Special use permits will only be considered on permitted properties as detailed in § 163-5, Permitted areas.
C.
The permit application or amended permit application
shall be accompanied by a fee as determined by the Town Board.
D.
Any physical modification to an existing and permitted
wind energy facility that alters the size, type and number of wind turbines
or other equipment shall require a permit modification under this chapter.
Like-kind replacements, however, shall not require a permit modification.
E.
The use shall not have an adverse effect on the agriculture
of the area.
A.
The permit application shall demonstrate that the proposed
wind energy facility will comply with this chapter.
B.
Among other things, the application shall contain the
following:
(1)
A narrative describing the proposed wind energy facility,
including an overview of the project, the project location, the approximate
generating capacity of the wind energy facility, the approximate number, representative
types and height or range of heights of wind turbines to be constructed, including
their generating capacity, dimensions and respective manufacturers, and a
description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between
the property owner and the facility owner or operator demonstrating that the
facility owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the wind energy facility.
(3)
Identification of the properties on which the proposed
wind energy facility will be located and the properties adjacent to where
the wind energy facility will be located.
(4)
A site plan showing the planned location of each wind
turbine, property lines, setback lines, access road and turnout locations,
substations, electrical cabling from the wind energy facility to the substations,
ancillary equipment, buildings, and structures, including permanent meteorological
towers, associated transmission lines and layout of all structures within
the geographical boundaries of any applicable setback.
(5)
Documents related to decommissioning.
(6)
A completed New York State Environmental Impact Assessment/SEQR.
(7)
Dimensional representation of the structural components
of the tower construction, including the base and footings.
(8)
Manufacturer's specifications and installation and
operation instructions.
(9)
Certification by a registered professional engineer that
the tower and base design is sufficient to withstand wind load requirements.
(10)
Necessary recorded access easements and necessary recorded
utility easements, copies of which shall be submitted with the application.
(11)
A transportation plan showing how vehicles would access
the site and describing the impacts of the proposed energy project on the
local and regional road system during construction and operation.
(12)
A revegetation plan that complies with the New York State
Department of Agriculture and Markets restoration guidelines and that addresses
how areas that are temporarily disturbed during construction will be restored
as well as restoration after decommissioning.
(13)
A drainage plan for construction and operation as well
as an erosion plan must be developed and submitted for approval by the Town
of Geneva Code Enforcement Officer and the Planning Board as per the normal
site plan review process.
(14)
Other relevant studies, reports, certifications and approvals
as may be reasonably requested by the Town of Geneva to ensure compliance
with this chapter. This may include but not be limited to bird migration and
flicker impact studies.
(15)
A written plan for storage, usage and disposal of all
hazardous materials, lubricants, cleaning supplies, etc., in accordance with
DEC regulations, and the written plan shall be approved by DEC.
C.
All turbines shall be new equipment commercially available. Used,
experimental or prototype equipment still in testing shall be approved by
the Town of Geneva Planning Board as per the normal special use permit process.
A.
Design safety certification. The design of the wind energy
facility shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit certificates
of design compliance obtained by the equipment manufacturers from Underwriters
Laboratories, Det Norske Veritas, Germanishcer Lloyd wind Energies or other
similar certifying organizations.
B.
Uniform Construction Code. To the extent applicable,
the wind energy facility shall comply with the New York State Building Code,
National Electrical Code, NFPA and other national or state codes as deemed
applicable by the Town of Geneva Code Enforcement Officer.
C.
Controls and brakes. All wind energy facilities shall
be equipped with a redundant braking system. This includes both aerodynamic
over-speed controls (including variable pitch, tip and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking system
for over-speed protection.
D.
Electrical components. All electrical components of the
wind energy facility shall conform to relevant and applicable local, state
and national codes.
E.
Visual appearance; lighting; power lines.
(1)
Wind turbines shall be a nonreflective, nonobtrusive
color such as white, off-white or gray.
(2)
Wind energy facilities shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety. Lighting shall not be a nuisance
to surrounding residences and, when installed on multiple turbines, shall
not be synchronized but rather designed to flash independently. If FAA approval
is gained to allow for upward-facing-only lights, all lighting shall be retrofitted
with such lighting.
(3)
Wind turbines shall not display advertising, except for
reasonable identification of the turbine manufacturer, facility owner and
operator at the base of the tower in no larger than six-inch letters.
(4)
On-site transmission and power lines between wind turbines
shall, to the maximum extent practicable, be placed underground and in accordance
with the New York State Department of Agriculture and Markets recommendations
and relevant building codes.
F.
Warnings.
(1)
A clearly visible warning sign concerning voltage must
be placed at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective, colored objects, such as flags,
reflectors or tape shall be placed on the anchor points of guy-wires and along
the guy-wires up to a height of 10 feet from the ground.
H.
Meteorological (MET) tower construction. Meteorological
towers shall be monopoles rather than lattice construction and shall use no
guy-wires, where possible.
A.
Occupied buildings.
(1)
Wind turbines shall be set back from the nearest occupied
building a distance not less than the normal setback requirements for that
zoning classification or 1.25 times the turbine height, whichever is greater.
The setback distance shall be measured from the center of the wind turbine
base to the nearest point on the foundation of the occupied building.
(2)
Wind turbines shall be set back from the nearest occupied
building located on a nonparticipating landowner's property a distance
of not less than two times the turbine height, as measured from the center
of the wind turbine base to the nearest point on the foundation of the occupied
building.
B.
Property lines. All wind turbines shall be set back from
the nearest property line a distance of not less than the normal setback requirements
for that zoning classification or 1.25 times the turbine height, whichever
is greater. The setback distance shall be measured to the center of the wind
turbine base.
C.
Public roads. All wind turbines shall be set back from
the nearest public road a distance of not less than 1.25 times the turbine
height, as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
Property owners may not waive setback requirements and must adhere to setbacks as defined in § 163-9.
A.
The applicant shall identify all state and local public
roads to be used within the Town of Geneva to transport equipment and parts
for construction, operation or maintenance of the wind energy facility.
B.
The Town of Geneva's engineer or a qualified third-party
engineer hired by the Town of Geneva and paid for by the applicant shall document
road conditions prior to construction. The engineer shall document road conditions
again 30 days after construction is complete or as weather permits.
C.
The Town of Geneva may bond the road in compliance with
state regulations.
D.
Any road damage caused by the applicant or its contractors
shall be promptly repaired at the applicant's expense, returning the
road to a condition satisfactory to the Town Highway Superintendent or his
or her representatives.
E.
The applicant shall demonstrate that it has appropriate
financial assurance to ensure the prompt repair of damaged roads.
A.
The applicant shall provide a copy of the project summary
and site plan to local emergency services, including all local paid or volunteer
fire and ambulance departments.
B.
Upon request, the applicant shall cooperate with emergency
services to develop and coordinate implementation of an emergency response
plan for the wind energy facility.
A.
Audible sound from a wind energy facility shall not exceed
50 dBA, as measured at the exterior of any occupied building on a nonparticipating
landowner's property. Methods for measuring and reporting acoustic emissions
from wind turbines and the wind energy facility shall be equal to or exceed
the minimum standards for precision described in AWEA Standard 2.1 - 1989,
titled "Procedures for the Measurement and Reporting of Acoustic Emissions
from wind turbine Generation Systems Volume I: First Tier."
B.
The facility owner and operator shall make reasonable
efforts to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
A.
No individual tower facility shall be installed in any
location along the major axis of an existing microwave communications link
where its operation is likely to produce electromagnetic interference in the
link's operation.
B.
No individual tower facility shall be installed in any
location where its proximity with existing fixed broadcast, retransmission
or reception antennas (including residential reception antennas) for radio,
television, or wireless phone or interference with signal transmission or
reception.
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.
A.
The facility owner and operator shall, at its expense,
complete decommissioning of the wind energy facility, or individual wind turbines,
within 12 months after the end of the useful life of the facility or individual
wind turbines.
B.
The wind energy facility or individual wind turbines
will presume to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months.
C.
Decommissioning shall include removal of wind turbines,
buildings, cabling, electrical components, roads, foundations to a depth of
36 inches, and any other associated facilities.
D.
Disturbed earth shall be graded and reseeded, unless
the landowner requests, in writing, that the access roads or other land surface
areas not be restored.
E.
An independent and certified professional engineer shall
be retained to estimate the total cost of decommissioning (decommissioning
costs), without regard to salvage value of the equipment, and the cost of
decommissioning with the net salvage value of the equipment ("net decommissioning
costs"). Said estimates shall be submitted to the Town of Geneva after the
first year of operation and every fifth year thereafter.
F.
The facility owner or operator shall post and maintain
decommissioning funds in an amount equal to net decommissioning costs, provided
that at no point shall decommissioning funds be less than 25% of decommissioning
costs. The decommissioning funds shall be posted and maintained with a bonding
company or federal- or state-chartered lending institution chosen by the facility
owner or operator and participating landowner posting the financial security,
provided that the bonding company or lending institution is authorized to
conduct such business within New York State and is approved by the Town of
Geneva.
G.
Decommissioning funds may be in the form of a performance
bond, surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to the Town of Geneva.
H.
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection A, the landowner shall have six months to complete decommissioning.
I.
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsections A and H, then the Town of Geneva may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Town of Geneva shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Town of Geneva may take such action as necessary to implement the decommissioning plan.
J.
The escrow agent shall release the decommissioning funds
when the facility owner or operator has demonstrated and the municipality
concurs that decommissioning has been satisfactorily completed or upon written
approval of the municipality in order to implement the decommissioning plan.
A.
The owner or operator of the wind facility must submit,
on an annual basis, a summary of the operation and maintenance reports to
the Town of Geneva. In addition to the above annual summary, the owner or
operator must furnish such operation and maintenance reports as the Town reasonably
requests.
B.
Any physical modification to the wind facility that alters
the mechanical load, mechanical load path, or major electrical components
shall require recertification. Like-kind replacements shall not require recertification.
Prior to making any physical modification (other than a like-kind replacement),
the owner or operator shall confer with the Town of Geneva Code Enforcement
Officer to determine whether the physical modification requires a special
use permit modification.
C.
The Town of Geneva staff, along with licensed third-party
professionals retained by the Town for the specific purpose of conducting
inspections of the wind facility shall have the right, once annually and with
sufficient prior notice, to accompany the owner or operator, or his or her
agent, on the premises where a wind facility has been constructed to inspect
all parts of said wind facility installation and to require that repairs or
alterations be made. The owner or operator of a wind facility may retain a
licensed third-party professional engineer familiar with the specific wind
facility system to prepare and submit to the Town a written report which addresses
the repairs or alterations requested and which suggests alternate methods
for addressing the concerns or provides evidence that said repairs or alterations
are unnecessary. This report must be submitted within 30 days after receiving
notice from the Town of Geneva that repairs or alterations are requested unless
both parties have agreed to a longer period of time. The Town of Geneva will
consider any such written report and determine whether the repairs or alterations
should be made as originally requested or as suggested in the written report.
D.
Inspections, at a fee to be determined from time to time
by the Town of Geneva and paid by the applicant, may be made by the Town of
Geneva Code Enforcement Officer, or by a qualified inspector for equipment
of this type selected by the Town of Geneva, no more than once annually to
certify the safety and maintenance of the wind facility and accessory structures.
A.
The facility owner and operator shall maintain a phone
number and identify a responsible person for the public to contact with inquiries
and complaints throughout the life of the project.
B.
The facility owner and operator shall make reasonable
efforts to respond to the public's inquiries and complaints.
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.
