This chapter may be cited as the "Wind Energy Facility Law of the Town of Minden, Montgomery County, New York."
The Town Board of the Town of Minden adopts this chapter 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 such systems so that the public health, safety, and welfare shall not be jeopardized.
The Town Board of the Town of Minden enacts this chapter under the authority granted by:
C.
New York Municipal Home Rule Law, § 10, Subdivision 1(i) and (ii) and (ii)(a)(6), (11), (12) and (14).
D.
New York Town Law § 130, Subdivisions 1 (Building code); 3 (Electrical code); 5 (Fire prevention); 7 (Use of streets, highways, sidewalks and public places); 7-a (Location and construction of driveways); 11 (Peace, good order and safety); 15 (Promotion of public welfare); 15-a (Excavated lands); 16 (Unsafe buildings and collapsed structures); 19 (Trespass); and 25 (Building lines).
The Town of Minden finds and declares that:
A.
Wind energy is an abundant, renewable and nonpolluting energy resource of the Town and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.
B.
The generation of electricity from properly sited wind energy facilities, including small systems, can be cost effective, and in many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or energy consumption at that location can be reduced.
C.
Regulation of the siting and installation of wind energy facilities is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public.
D.
Wind energy facilities represent significant potential aesthetic impacts because of their size, lighting, and shadow flicker effects, if not properly sited.
E.
If not properly regulated, installation of wind energy facilities can create drainage problems through erosion and lack of sediment control for facility and access road sites, and harm farmlands through improper construction methods.
F.
Wind energy facilities may present a risk to bird and bat populations if not properly sited.
G.
If not properly sited, wind energy facilities may present risks to the property values of adjoining property owners.
H.
Wind energy facilities may be significant sources of noise, which, if unregulated, can negatively impact adjoining properties.
I.
Without proper planning, construction of wind energy facilities can create traffic problems and damage local roads.
J.
If improperly sited, wind energy facilities can interfere with various types of communications.
A.
The requirements of this chapter shall apply to all wind energy facilities proposed, operated, modified, or constructed after the effective date of this chapter.
B.
Wind energy facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided, however, that:
(1)
Any such preexisting wind energy facility which does not provide energy for a continuous period of 12 months shall meet the requirements of this chapter prior to recommencing production of energy.
(2)
No modification or alteration to an existing wind energy facility shall be allowed without full compliance with this chapter.
(3)
Any wind measurement tower existing on the effective date of this chapter shall be removed no later than 24 months after said effective date, unless a permit for said wind measurement tower is obtained.
A.
No wind energy facility shall be constructed, reconstructed, modified, or operated in the Town of Minden except in compliance with this chapter.
B.
No WECS shall be constructed, reconstructed, modified, or operated in the Town of Minden except with a wind energy facility permit approved pursuant to this chapter.
C.
No wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Minden except pursuant to a wind energy facility permit issued pursuant to this chapter.
D.
No small wind energy conversion system shall be constructed, reconstructed, modified, or operated in the Town of Minden except pursuant to a wind energy permit issued pursuant to this chapter.
E.
Exemptions. No permit or other approval shall be required under this chapter for mechanical, nonelectrical WECS utilized solely for agricultural operations.
F.
Transfer. No transfer of any wind energy facility or wind energy permit, nor sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), shall occur without written prior notification to the Town and the written acceptance of the transferee of the obligations of the transferor under this chapter. No transfer shall eliminate the liability of an applicant nor of any other party under this chapter.
G.
Notwithstanding the requirements of this section, replacement in kind or modification of a wind energy facility may occur without Town Planning Board approval when:
H.
Prior to commencement of operation of any WECS, the applicant must provide a certification that the project complies with all applicable codes, industry practices, conditions of approval, and all applicable requirements of this chapter.
A.
The Planning Board may, after a public hearing (which may be combined with other public hearings on wind energy facilities, so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this chapter if, in the opinion of the Planning Board, the grant of said waiver is in the best interests of the Town. The Planning Board may consider as reasonable factors in evaluating the request, when applicable, the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request.
B.
The Planning Board may attach such conditions as it deems appropriate to waiver approvals to minimize the impact of the waiver.
A.
The owner of each wind energy facility shall submit an annual inspection report to the Town Board or its designee on the structural and operational integrity of the facility. Such report shall be prepared by or under the direction of a professional engineer licensed by the State of New York. If such report recommends that repairs or maintenance measures be undertaken, the owner shall provide with such report a written schedule for undertaking such repairs or maintenance.
B.
Wind energy facilities shall not begin operation until all approvals required under this law are obtained and all required certifications are provided.
C.
Following the issuance of any approval required under this chapter, the Town Board or its designee shall have the right to enter onto the site upon which a wind energy facility has been placed, at reasonable times, in order to inspect such facility and its compliance with this chapter.
D.
After undertaking such inspection, the Town Board or its designated representative shall provide notice of any noncompliance with the terms of this chapter or the conditions of approval of any permit issued hereunder and shall provide the owner or applicant with a reasonable time frame to cure such violation, such time frame to be determined based upon the seriousness of the violation, its impact upon public safety, and the impact of the violation upon the residents of the Town.
The owner of every wind energy facility constructed pursuant to this chapter shall, to the extent practicable, repair or replace all real or personal property, public or private, damaged during the construction of such facility.
A.
The Planning Board shall appoint such Town staff or outside consultants as it sees fit to enforce this chapter.
B.
Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy facility in violation of this chapter or in noncompliance with the terms and conditions of any permit issued pursuant to this chapter, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $500 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $500 for each violation, and each week said violation continues shall be deemed a separate violation.
C.
In case of any violation or threatened violation of any of the provisions of this chapter, including the terms and conditions imposed by any permit issued pursuant to this chapter, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.
Any person or persons jointly or severally aggrieved by the decision of the Town in regard to the administration of this chapter may apply to the Supreme Court for review under Article 78 of the New York State Civil Practice Law and Rules.