[Added 2-17-2009 by L.L. No. 2-2009]
The purpose of this article is to:
As used in this article, the following terms
shall have the meanings indicated:
The tower, base plate, anchors, guy wires and hardware, anemometers
(wind speed indicators), wind direction vanes, booms to hold equipment,
anemometers and vanes, data logger, instrument wiring, and any telemetry
devices that are used to monitor or transmit wind speed and wind flow
characteristics over a period of time for either instantaneous wind
information or to characterize the wind resource at a given location.
The cross-sectional dimension of the circle swept by the
rotating blades of a small wind energy system.
A wind energy system that:
For purposes of a small wind energy system, the vertical
distance from ground level to the tip of a wind generator blade when
the tip is at its highest point.
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy. This equipment includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries, guy wire or other component used
in the system.
The individual who owns, or intends to own, the property
upon which the small wind energy system will be operated.
Blades and associated mechanical and electrical conversion
components mounted on top of the wind tower.
The monopole, freestanding, or guyed structure that supports
a wind generator.
A small wind energy system shall be an accessory
use in all zoning districts subject to the following requirements:
A.
Setbacks. A wind tower for a small wind energy system
shall be set back a distance equal to its total height plus an additional
20 feet from:
B.
Access.
C.
Electrical wires. All electrical wires associated
with a small wind energy system, other than wires necessary to connect
the wind generator to the wind tower wiring, the wind tower wiring
to the disconnect junction box, and the grounding wires, shall be
located underground.
D.
Lighting. A wind tower and generator shall not be
artificially lighted unless such lighting is required by the Federal
Aviation Administration (FAA). Lighting of other parts of the small
wind energy systems, such as appurtenant structures, shall be limited
to that required for safety purposes and shall be reasonably shielded
from abutting properties.
E.
Appearance, color, and finish. The wind generator
and wind tower shall remain painted or finished the color or finish
that was originally applied by the manufacturer, unless a different
color is approved by the Planning Board.
F.
Signs. All signs, other than the manufacturer's or
installer's identification, appropriate warning signs, or owner identification
on a wind generator, wind tower, building, or other structure associated
with a small wind energy system, visible from any public road are
prohibited.
G.
Utility notification and interconnection. Small wind
energy systems that connect to the electric utility shall comply with
the requirements for interconnection and operation as set forth in
the electric utility's service regulations applicable to wind power
generation facilities.
H.
Met towers. A met tower shall be permitted under the
same standards, requirements, and procedures as a small wind energy
system.
The owner of the property on which the small
wind energy system is located shall maintain the small wind energy
system in good condition. Maintenance shall include, but not be limited
to, painting, structural repairs, and safety/security measures.
A.
A small wind energy system that is out of service
for a continuous twelve-month period will be deemed to have been abandoned.
The Director of Zoning may issue a notice of abandonment to the owner
of a small wind energy system that is deemed to have been abandoned.
The owner shall have the right to respond in writing to the notice
of abandonment, setting forth the reasons for operational difficulty
and providing a reasonable timetable for corrective action, within
30 days from the date of the notice. The Director of Zoning shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn if the owner provides information that demonstrates
the wind energy system has not been abandoned.
B.
If the small wind energy system is determined to be
abandoned, the owner of a small wind energy system shall remove the
wind generator from the wind tower at the owner's sole expense within
three months following the date of notice of abandonment. If the owner
fails to remove the wind generator from the wind tower, the Town may
pursue a legal action to have the wind generator removed at the owner's
expense.
All small wind energy systems shall comply with the limitations contained in Chapter 160 of the Town Code, unless the Planning Board agrees that those provisions shall not be applicable.
Notwithstanding anything contained in the Town
Code, including this chapter, to the contrary, variances to the distance
requirements and other requirements and standards contained in this
article are not permitted.
A.
Applications for site plan approval shall be by written
application on forms provided by the Department of Planning and Zoning.
The application shall include a site plan setting forth specific site
data on a map, which shall be prepared to scale and in sufficient
detail and accuracy and which shall show the following:
(1)
The location of property lines, utilities, and
permanent easements;
(2)
The location of all structures on the subject
property and all structures on any adjacent property within 200 feet
of the subject property, together with the distance on these structures
to the proposed small wind energy system;
(3)
The names of all adjoining landowners as appear
on the Town Assessor's records;
(4)
The location, nature, and extent of any proposed
fencing, landscaping, and/or screening;
(5)
The location and nature of proposed utility
easements and access road, if applicable;
(6)
Standard drawings of the small wind energy system
structure, including the tower, base, and footings; drawings of access
road(s); and including an engineering analysis and certification of
the tower; and
(7)
Data pertaining to the tower's safety and stability.
B.
Such site plan applications required under this section
shall also include:
(1)
A completed environmental assessment form;
(2)
A project visibility map, based on a digital
elevation model, showing the impact of topography upon visibility
of the project from other locations, to a radius of one-half mile
from the center of the project. The base map used shall be a published
topographic map showing man-made features, such as roads and buildings;
and
(3)
At least three color photos, taken from locations
within a one-half-mile radius from the site and to be selected by
the Planning Board and computer-enhanced to simulate the appearance
of the as-built small wind energy system as it would appear from these
locations.
It is unlawful for any person to construct,
install, or operate a small wind energy system that is not in compliance
with this article or with any condition contained in a building permit
issued pursuant to this article.
All other local laws and ordinances of the Town
inconsistent with the provisions of this article are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this article shall be
in addition to such other local laws or ordinances regulating and
governing the subject matter covered by this article.
