The purpose of this article is to provide standards
for small wind energy conversion systems (small WECS) designed for
residential, farm, institutional and business use on the same parcel
and that are primarily used to reduce consumption of utility power
at a single location. The intent of this article is to encourage the
development of small WECS and to protect the public health, safety,
and community welfare.
The Planning Board is hereby authorized to approve,
approve with conditions, or disapprove small WECS applications in
accordance with this chapter. The Planning Board may hire a professional
engineer or consultant to assist in the review of an application at
the applicant's expense.
Applications for small WECS permits shall include:
A. Property owners contact information. If the applicant
shall be represented by an agent, the name, address and telephone
number of the agent as well as an original signature of the applicant
authorizing the agent to represent the applicant.
B. Site plan map of the proposed tower, at a scale to
be established by the Planning Board consistent with the size of the
site, including Tax Map section, block and lot number.
C. Manufacturer's drawings and specifications of the proposed system as indicated in §
87-13A(4), along with evidence that the proposed total height does not exceed the maximum height recommended by the manufacturer or distributor of the system.
D. Engineering drawings of the electrical components
of the system in sufficient detail to allow for a determination that
the manner of installation conforms to the New York State Uniform
Fire Prevention and Building Code.
E. The applicant must provide a written statement demonstrating
that the system shall be used primarily to reduce consumption of electricity
at that location.
F. Written evidence that the electric utility service
provider that serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and states so in the application,
to connect the system to the electricity grid.
G. A visual analysis of the small WECS as installed,
which may include a computerized photographic simulation, demonstrating
the visual impacts from nearby strategic vantage points. The visual
analysis shall also indicate the color treatment of the system's components
and any visual screening incorporated into the project that is intended
to lessen the system's visual prominence.
All small WECS shall comply with the following
standards. Additionally, such systems shall also comply with all the
requirements established by other sections of this chapter that are
not in conflict with the requirements contained in this article.
A. A system shall be located on a lot a minimum of one
acre in size; however, this requirement can be met by multiple owners
submitting a joint application.
B. Only one small WECS per legal lot shall be allowed,
unless there are multiple applicants, in which case their joint lots
shall be treated as one site for purposes of this article.
C. Small WECS shall be used primarily to reduce the on-site
consumption of electricity.
D. Total heights may be allowed as follows:
(1) On parcels between one and five acres: 65 feet or
less.
(2) On parcels of five or more acres: 80 feet or less.
(3) The allowed height shall be reduced if necessary to
comply with all applicable FAA requirements, including Subpart B (commencing
with Section 77.11) of Part 77 of Title 14 of the Code of Federal
Regulations regarding installations close to airports.
E. The maximum turbine power output is limited to 100
kW.
F. The system's tower and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporate
nonreflective surfaces to minimize any visual disruption.
G. The system shall be designed and located in such a
manner to minimize adverse visual impacts from public viewing areas.
H. Exterior lighting on any structure associated with
the system shall not be allowed except that which is specifically
required by the FAA.
I. All on-site electrical wires associated with the system
shall be installed underground except for "tie-ins" to a public utility
company and public utility company transmission poles, towers and
lines. This standard may be modified by the Planning Board if the
project terrain is determined to be unsuitable due to reasons of excessive
grading, biological impacts, or similar factors.
J. The system shall be operated such that no disruptive
electromagnetic interference is caused. If it has been demonstrated
that a system is causing harmful interference, the system operator
shall promptly mitigate the harmful interference or cease operation
of the system.
K. At least one sign shall be posted on the tower at
a height of five feet warning of electrical shock or high voltage
and harm from revolving machinery. No brand names, logo or advertising
shall be placed or painted on the tower, rotor, generator or tail
vane where it would be visible from the ground, except that a system
or tower's manufacturer's logo may be displayed on a system generator
housing in an unobtrusive manner.
L. Towers shall be constructed to provide one of the
following means of access control or other appropriate method of access:
(1) Tower-climbing apparatus located no closer than 12
feet from the ground.
(2) A locked anticlimb device installed on the tower.
(3) A locked, protective fence at least six feet in height
that encloses the tower.
M. Anchor points for any guy wires for a system tower
shall be located within the property that the system is located on
and not on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
from three feet to eight feet above the ground.
N. Construction of on-site access roadways shall be minimized.
Temporary access roads utilized for initial installation shall be
regraded and revegetated to the preexisting natural condition after
completion of installation.
O. To prevent harmful wind turbulence from existing structures,
the minimum height of the lowest part of any horizontal axis wind
turbine blade shall be at least 30 feet above the highest structure
or tree within a two-hundred-fifty-foot radius. Modification of this
standard may be made when the applicant demonstrates that a lower
height shall not jeopardize the safety of the wind turbine structure.
P. All small WECS structures shall be designed and constructed
to be in compliance with pertinent provisions of the Uniform Fire
Prevention and Building Code.
Q. All small WECS shall be equipped with manual and automatic
overspeed controls. The conformance of rotor and overspeed control
design and fabrication with good engineering practices shall be certified
by the manufacturer.
Small WECS shall comply with the following standards:
A. Setback requirements. A small WECS shall not be located
closer to a property line than one and a half times the total height
of the facility.
B. Noise. Except during short-term events, including
utility outages and severe wind storms, a small WECS shall be designed,
installed, and operated so that noise generated by the system shall
not exceed ambient noise levels (exclusive of the development proposed)
by more than six dBA, as measured at the closest neighboring inhabited
dwelling or property line. In the event that the ambient sound pressure
level exceeds 50 dBA, the noise generated by the small WECS shall
not exceed ambient noise levels by more than 5 dBA. Independent certification
shall be provided before and after construction demonstrating compliance
with this requirement.