[HISTORY: Adopted by the Town Board of the Town of Conesus 10-18-2005 by L.L. No. 3-2005; amended in its entirety 11-10-2015 by L.L. No. 3-2015. Subsequent amendments
noted where applicable.]
The intent of this chapter is to promote and protect the public
health, safety, welfare, and aesthetics of the Town of Conesus by
regulating the installation of windmills and energy-creating devices.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
A unit for measuring the volume of a sound, as determined
by a sound testing instrument. The NYS Vehicle and Traffic Law sets
unacceptable noise levels at between 72 dB and 90 dB.
The environmental assessment form as defined in 6 NYCRR Part
617.
Electromagnetic wave energy that does not produce ion reactions.
Electromagnetic radiation exhibits wave-like properties such as reflection,
refraction, diffraction, and interference, but also exhibits particle-like
properties in that its energy occurs in discrete packets, or quanta.
Though all types of electromagnetic radiation travel at the same speed,
they vary in frequency and wavelength, and interact with matter differently.
Nonionic electromagnetic radiation is energy waves produced by the
oscillation or acceleration of an electric charge. Electromagnetic
radiation can be classified into ionizing radiation and nonionizing
radiation, based on whether it is capable of ionizing atoms and breaking
chemical bonds. Nonionizing radiation is not capable of having effects
on molecules. There are three major potential hazards associated with
nonionizing electromagnetic radiation. They are: electrical, fire,
and biological. Each is listed below for clarity:
ELECTRICAL HAZARDStrong electromagnetic fields can generate an electric current in other metal objects by electromagnetic induction. The induced current can cause an electric shock to persons or animals. It can also overload and destroy electrical equipment. This can be a particular hazard in the vicinity of explosives, since an electrical overload might ignite it.
FIRE HAZARDBy electromagnetic induction a strong electromagnetic field can cause electric currents which may flow across an air gap to ground, causing sparks. These sparks can then ignite flammable materials or gases, possibly leading to an explosion or a fire.
BIOLOGICAL HAZARDMain biological effect is to cause heating. For example, touching an antenna while a transmitter is in operation can cause severe burns. This heating effect varies with the frequency. Each frequency in the electromagnetic spectrum is absorbed by living tissue at a different rate, called the specific absorption rate (SAR), which has units of watts per kilogram (W/kg). There are established safety limits for exposure to various frequencies of electromagnetic energy based on SAR.
A device that converts the kinetic energy of the wind by
the use of a set of rotating blades and is usually elevated from ground
level on a tower into electrical or mechanical power.
A windmill that provides electrical or mechanical power to
an individual home occupation, farm, or other single commercial enterprise,
and can be either the primary or secondary source of energy. Sale
or credit of excess electricity to the utility grid is permitted as
a tertiary use.
The total height of a structure, including blades at extreme
vertical position.
A windmill or series of windmills in a facility, whose primary
purpose is to generate electricity that is fed into a power grid for
sale.
A windmill that provides electrical or mechanical power to
an individual residence and can be either the primary or secondary
source of energy. Sale or credit of excess electricity to the utility
grid is permitted as a tertiary use.
The following uses are permitted in all districts in the Town
of Conesus, subject to the receipt of a special use permit in accordance
with this chapter:
A.
Residential and commercial windmills.
(1)
Application process.
(a)
Special use permit is required:
[1]
All applicants for a special use permit to construct or maintain
a facility within the Town of Conesus must make application to the
Code Enforcement Officer on forms prescribed for that purpose. A site
plan review is required for all districts.
(b)
SEQR. A SEQR review is required. All applications for windmills
shall be considered a Type I SEQR action.
(2)
Placement.
(a)
Setbacks, ice and blade throw. Setbacks from adjacent property
lines, rights-of-way, easements, public ways or power lines (not to
include individual residential feed lines) shall be two times the
maximum windmill height or 1 1/2 times the maximum calculated
ice or blade throw distance to the maximum point of impact, whichever
is greater, and that such calculation shall be determined by a certified
professional engineer at the owner's expense.
(b)
Number of windmills allowed per parcel. One multiple parcels
owned controlled or beneficially managed by a person or persons, entity,
or related entities, shall be considered to be one parcel.
(c)
Noise level limit. Individual wind turbine towers shall be located
with relation to property lines so that the level of noise produced
during wind turbine operation shall not exceed 35 dB, measured at
the boundaries of all the closest parcels that are owned by non-site
owners and that abut either the site parcel(s) or any other parcels
adjacent to the site parcel held in common by the owner of the site
parcel as those boundaries exists at the time of special use permit
application.
(d)
Guy wires and anchors. All guy wires or cables shall be marked
with high-visibility orange or yellow sleeves from the ground to a
point 10 feet above the ground. Setbacks for any windmill tower from
any property line shall be a distance of 50 feet from any anchor point
for guy wires or cables.
(e)
Lighting. No windmill shall be lighted artificially unless such
lighting is required by a state or federal agency.
(f)
Broadcast interference.
[1]
No individual tower facility shall be installed in any location
along the major access of an existing microwave communication link
where its operation is likely to produce electromagnetic interference
in the link's operation.
[2]
No individual tower facility shall be installed in any location
where its proximity with existing fixed broadcast transmission or
reception antenna (including residential reception antenna) for radio,
television, wireless phone, or other personal communication systems
would produce electromagnetic interference with signal transmission
or reception.
[3]
The recipient of the special use permit must correct any unforeseen
interference to the satisfaction of the Code Enforcement Officer within
60 days of any validated complaint.
(3)
Specifications.
(a)
Maximum height limit. Maximum height limit shall be no greater
than 75 feet.
(b)
KW limit. One hundred KW, maximum operating output.
(c)
Structure. Per manufacturer's engineered specifications.
(d)
Design and specifications. Detailed design and specification
will be required during site plan review.
(e)
Connecting cables. All power transmission lines from the windmill
electricity generation facilities shall be underground.
(f)
Blade-to-ground distance. The lowest portion of the blade may
not be closer than 15 feet to the ground.
(4)
Notice and safety considerations.
(a)
Fencing. Site plan review will determine appropriate type, height
of fencing based on tower design.
(b)
Limit tip speed. No open-bladed wind turbines shall be permitted
that lack an automatic braking, governing, or feathering system to
prevent uncontrolled rotation, over-speeding, and excessive pressure
on the tower structure, rotor blades, or turbine components.
(5)
Operating considerations.
(a)
Removal if not operational. Any windmill which has not been
in active and continuous service for a period of one year shall be
removed from the premises to a place of safe and legal disposal. Additionally,
all structures, guy cables, guy anchors and/or enclosures accessory
to such windmill shall also be removed. The site shall be restored
to a natural condition instructed by the Code Enforcement Officer.
Such removal shall be completed at the owner's expense within
15 months of cessation of active and continuous use of such windmill.
(b)
Landscaping. Upon completion of installation, the site shall
be returned as close as possible to its natural state.
(c)
Building and grounds maintenance. Any damaged or unused parts
shall be removed from the premises within 30 days. All maintenance
equipment, spare parts, oil, and the like, shall also be removed within
30 days. All tools and materials related to windmill operations must
be removed from the site or stored while the site is active or inactive.
(d)
Ownership changes. If the ownership of a windmill operating
under a special use permit changes, the special use permit shall remain
in force. All conditions of the special use permit or continuing certification
requirements of the original owner will continue to be obligations
of the succeeding owner. However, the change in ownership shall be
registered with the Code Enforcement Officer.
(e)
Windmill modification. Any and all modifications, additions
or deletions to windmills that operate under a special use permit,
whether structural or not, shall be made by special use permit, except
that such special use permit shall not be required for repairs which
become necessary in the normal course of use of such windmill or become
necessary as a result of natural forces, such as wind or ice.
(f)
If transmission services from a windmill is to be discontinued
for a period exceeding six months, the owner of such windmill shall
notify the Code Enforcement Officer within 30 days of the date of
such discontinuance.
(6)
Certifications.
(a)
National and state standards. The applicant shall show that
all applicable manufacturers, New York State, and United States standards
for the construction, operation, and maintenance of the proposed windmill
are being complied with. Windmills shall be built, operated, and maintained
to applicable industry standards of the Institute of Electrical and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI). The applicant for a windmill special use permit shall furnish
evidence, over the signature of a professional engineer licensed to
practice in the State of New York, that such windmill is in compliance
with the standards.
(b)
Lightning strikes/grounding. The applicant shall show that all
applicable manufacturers, New York State, and United States standards
for the construction, operation, and maintenance of the proposed windmill
have been or are being complied with.
(c)
Wind speed/wind load. Certification is required by a registered
professional engineer or manufacturer's certification stating
the tower design is sufficient to withstand wind-load requirements
for structures and established by the Building Code of New York State
and will shut down when wind speeds exceed manufacturer's maximum
acceptable speed specifications.
(d)
Continuing obligations. All requirements detailed in the subsections
above shall remain in force for the life of the special use permit.
(e)
No changes can be made to this special use permit. Any changes
will require a new application process.
B.
Industrial windmills.
(1)
Application process.
(a)
Special use permit is required.
[1]
All applicants for a special use permit to construct or maintain
a facility within the Town of Conesus must make application to the
Code Enforcement Officer on forms prescribed for that purpose.
(b)
A site plan review is required before a building permit may
be issued for an industrial windmill and the plan is to be reviewed
by the Town Engineer and Town Code Enforcement Officer. Any expenses
incurred by the review will be paid by the applicant.
(c)
SEQR. A SEQR review is required. All applications for windmills
shall be considered a Type I SEQR action.
(d)
The applicant must complete a Visual EAF form for the Town to
review.
(2)
Placement.
(a)
Setbacks, ice and blade throw. Setbacks from adjacent property
lines, rights-of-way, easements, public ways or power lines (not to
include individual residential feed lines) shall be two times the
maximum windmill height or 1 1/2 times the maximum calculated
ice or blade throw distance to the maximum point of impact, whichever
is greater, and that such calculation shall be determined by a certified
professional engineer at the owner's expense.
(b)
Allowed zoning districts: ARR.
(c)
Noise level limit. Individual wind turbine towers shall be located
with relation to property lines so that the level of noise produced
during wind turbine operation shall not exceed 35 dB, measured at
the boundaries of all the closest parcels that are owned by non-site
owners and that abut either the site parcel(s) or any other parcels
adjacent to the site parcel held in common by the owner of the site
parcel as those boundaries exists at the time of special use permit
application.
(d)
Distance between towers shall be a distance of 8,000 feet.
(e)
Guy wires and anchors. All guy wires or cables shall be marked
with high-visibility orange or yellow sleeves from the ground to a
point 10 feet above the ground.
(f)
Lighting. No windmill shall be lighted artificially unless such
lighting is required by a state or federal agency. Use of nighttime
and overcast daytime condition stroboscopic lighting to satisfy tower
facility lighting requirements for the Federal Aviation Administration
(FAA) shall be subject to on-site field testing before the Planning
Board, as a prerequisite to that board's approval.
(g)
Broadcast interference.
[1]
No individual tower facility shall be installed in any location
along the major access of an existing microwave communication link
where its operation is likely to produce electromagnetic interference
in the link's operation.
[2]
No individual tower facility shall be installed in any location
where its proximity with existing fixed broadcast transmission or
reception antenna (including residential reception antenna) for radio,
television, wireless phone, or other personal communication systems
would produce electromagnetic interference with signal transmission
or reception.
[3]
The recipient of the special use permit must correct any unforeseen
interference to the satisfaction of the Code Enforcement Officer within
60 days of any complaint.
(h)
Transmission lines to power grid and between shall be underground.
(3)
Specifications.
(a)
Maximum height limit. Maximum height limit shall be no greater
than 150 feet.
(b)
Tower limit. Maximum 0.3 megawatt - maximum operating output.
(c)
Color. Industrial windmills must be battleship gray unless an
agency of the state or federal government mandates otherwise.
(d)
Structure. Solid tube as per manufacturer's engineered
specifications.
(e)
Design and specifications. Detailed design and specifications
will be required during site plan review.
(f)
Bird migration study. Bird migration shall be addressed through
SEQR review.
(g)
Ice buildup sensors. Ice buildup sensors shall be required for
industrial windmills.
(h)
Connecting cables. All power transmission lines from the windmill
electricity generation facilities shall be underground.
(i)
Blade to ground distance. The lowest portion of the blade may
not be closer than 35 feet to the ground.
(4)
Notice and safety considerations.
(a)
Signs.
[1]
Caution signs. Caution signs shall be placed at the setback
limits warning of ice and blade throws. Signs shall be placed at fifty-foot
intervals and be four feet to six feet high (at eye level). Signs
shall be a minimum of one foot square and no larger than two feet
square in size and shall have the words "CAUTION: FALLING OBJECTS"
and emergency telephone numbers.
[2]
There shall be a sign affixed to the gate in the security fence
that will read "STAY OUT" in six-inch letters and have emergency contact
numbers listed on its face in one-inch lettering. Lettering will be
black on a white background.
(b)
Fencing. Access to the tower shall be limited either by means
of a fence eight feet high with a minimum six inches of security wire
on top surrounding the tower base with a locking gate monitored by
a security device and tower climbing apparatus to no lower than 12
feet from the ground, or a locked door to internal stairs if so equipped.
(c)
Limit tip speed. No wind turbines shall be permitted that lack
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, over-speeding, and excessive pressure on the tower structure,
rotor blades, or turbine components.
(d)
Use of public roads.
[1]
An applicant, owner, or operator proposing to use any county,
municipality, township, or village road(s) for the purpose of transporting
parts and/or equipment for construction, operation, or maintenance
shall: identify all such public roads and obtain applicable weight
and size permit(s) from relevant government agencies prior to construction
and, if needed, improve road surface to a paved quality capable of
supporting transport equipment.
[2]
To the extent an applicant, owner, or operator must obtain a
weight or size permit from the county, municipality, township, or
village, the applicant, owner, or operator shall: conduct a preconstruction
baseline survey to determine existing road conditions for assessing
potential future damage; and secure financial insurance, in a reasonable
amount agreed to by the relevant parties, for the purpose of repairing
any damage to public roads caused by constructing, operating, or maintaining
the windmill(s).
(5)
Operating considerations.
(a)
Removal if not operational. Any windmill which has not been
in active and continuous service for a period of one year shall be
removed from the premises to a place of safe and legal disposal. Additionally,
all structures, guy cables, guy anchors and/or enclosures accessory
to such windmill shall also be removed. The site shall be restored
to a natural condition instructed by the Code Enforcement Officer.
Such removal shall be completed at the owner's expense within
three months of cessation of active and continuous use of such windmill
or forfeit bond.
(b)
Landscaping. Upon completion of installation, the site shall
be returned as close as possible to its natural state.
(c)
Building and grounds maintenance. Any damaged or unused parts
shall be removed from the premises within 30 days. All maintenance
equipment, spare parts, oil, etc., shall also be removed within 30
days. All tools and materials related to windmill operations must
be removed from the site or stored while the site is active or inactive.
(d)
Ownership changes. If the ownership of a windmill operating
under a special use permit changes, the special use permit shall remain
in force. All conditions of the special use permit, including bonding,
letter of credit, or continuing certification requirements of the
original owner will continue to be obligations of the succeeding owner.
However, the change in ownership shall be registered with the Code
Enforcement Officer. The Town of Conesus will retain the bond throughout
the property transfer. The bond will not be returned to the previous
owner. The previous owner has the responsibility of negotiating the
cost of the bond into the property transfer transaction.
(e)
Windmill modification. Any and all modifications, additions
or deletions to windmills that operate under a special use permit,
whether structural or not, shall be made by special use permit, except
that such special use permit shall not be required for repairs which
become necessary in the normal course of use of such windmill or become
necessary as a result of natural forces, such as wind or ice.
(f)
Wildlife endangerment. If it is evidenced at any time, by the
Code Enforcement Officer or any elected official of the Town of Conesus,
that any windmill is causing the death of migratory birds, raptors,
or protected species of birds, that windmill shall cease to be allowed
to operate until an impact study is completed. All expenses incurred
will be the responsibility of the owner.
(g)
Cessation of operation. If transmission services from a windmill
is to be discontinued for a period exceeding six months, the owner
of such windmill shall notify the Code Enforcement Officer within
30 days of the date of such discontinuance.
(6)
Certification.
(a)
Inspection.
[1]
An inspection report prepared by an independent professional
engineer licensed in the State of New York will be required at the
time of installation. The inspection report required at the time of
installation will be for the structure and the electronics and will
be given to the Code Enforcement Officer.
[2]
The owner, manager, or other benefiting party in interest shall,
through an independent engineer, complete an annual inspection report.
The report will be provided to the Conesus Town Board, and it will
also be submitted to the Code Enforcement Officer.
[3]
Each facility subject to this chapter may be inspected minimally,
on an annual basis, by the Code Enforcement Officer, Town Engineer,
or any other person appointed by the Town Board to ensure compliance
with this chapter and a wildlife impact statement will be submitted
to the Town of Conesus within 30 days of any such inspection. Any
expenses incurred by the inspection or wildlife impact statement will
be paid by the applicant.
(b)
Insurance liability. Prior to issuance of a building permit,
the applicant shall provide the Town in the form of a duplicate insurance
policy or a certificate of coverage issued by an insurance company
for liability insurance of an amount to be determined by the Town
Board in consultation with the Town's insurer. This policy or
certificate shall be to cover damage or injury which might result
from the failure of a tower or towers of any other part(s) of the
generation and transmission facility.
(c)
National and state standards. The applicant shall show that
all applicable manufacturers, New York State, and United States standards
for the construction, operation, and maintenance of the proposed windmill
are being complied with. Windmills shall be built, operated, and maintained
to applicable industry standards of the Institute of Electrical and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI). The applicant for a windmill special use permit shall furnish
evidence, over the signature of a professional engineer licensed to
practice in the State of New York, that such windmill is in compliance
with the standards.
(d)
Performance bond (removal).
[1]
The owner of a windmill, after such application has been approved
and before a building permit is issued, shall submit a letter of credit
or other acceptable surety sufficient to ensure the removal of the
windmill. The Town Engineer and Town Attorney shall judge this letter
of credit or other surety adequate and satisfactory before a building
permit is issued. Said letter of credit shall be forfeited if removal
is not completed by the deadline as previously specified in this chapter.
[2]
If transmission service from a windmill is to be discontinued
for a period exceeding six months, the owner of such windmill shall
notify the Code Enforcement Officer within 30 days of the date of
such discontinuance.
[3]
Any windmill which has not been in active and continuous service
for a period of one year shall be removed from the premises to a place
of safe and legal disposal. Additionally, all structures, guy cables,
guy anchors and/or enclosures accessory to such windmill shall also
be removed. The site shall be restored to a natural condition instructed
by the Code Enforcement Officer. Such removal shall be completed at
the owner's expense within three months of cessation of active
and continuous use of such windmill or forfeit bond.
(e)
Environmental contamination. A performance bond will be required
to deal with DEC requirements. The owner of a windmill, after such
application has been approved and before a building permit is issued,
shall submit the maximum amount letter of credit or acceptable surety
necessary to ensure the cleanup of any contamination in accord with
DEC requirements. The Town Engineer and Town Attorney shall judge
the letter of credit or other surety adequate and satisfactory before
a building permit is issued.
(f)
Wind speed/wind load. Certification is required by a registered
professional engineer or manufacturer's certification stating
the tower design is sufficient to withstand wind-load requirements
for structures and established by the Building Code of New York State
and will shut down when wind speeds exceed manufacturer's maximum
acceptable speed specifications.
(g)
Continuing obligations. All requirements detailed in the subsections
above shall remain in force for the life of the special use permit.
(h)
No changes can be made to this special use permit. Any changes
will require a new application process.
Any person, firm or corporation who commits an offense against,
disobeys, neglects or refuses to comply with or resists the enforcement
of any of the provisions of this chapter shall, upon conviction, be
deemed guilty of a violation, punishable by a fine of not less than
$1,000 nor more than $5,000 or by imprisonment not exceeding 30 days,
or both such fine and imprisonment. Each week an offense is continued
shall be deemed a separate violation of this chapter and duly punishable
as such.
If any section, clause or provision of this chapter, or amendment
thereto, or the application thereof to any person or lands is adjudged
to be invalid, the adjudication shall not affect other sections, clauses
or provisions or the application thereof which can be sustained or
given effect without the invalid section, clause or provision or application,
and to this end the various sections, clauses and provisions of this
chapter are declared to be severable.
