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.
A. 
Completed applications for siting small WECS shall be submitted to the Town Clerk at least 10 days prior to the regular meeting of the Planning Board. Applications may be made by the owner of the property or his/her duly authorized representative, who shall attend the meeting of the Planning Board to discuss the application.
B. 
Within 62 days after the Planning Board meeting where the complete application is submitted, a public hearing shall be held. Notice of such public hearing shall be published in the official newspaper of the Town at least 10 days prior to the date thereof. The applicant shall give notice in writing by certified mail to all property owners of the land immediately adjacent to the proposed parcel where site is proposed. The applicant shall mail these notices at least 10 days in advance of the hearing and furnish the Planning Board with post office receipts as proof of notification.
C. 
Within 62 days of the public hearing, the Planning Board may approve, conditionally approve, or disapprove the application. The time in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
D. 
Applications for small WECS are subject to classification and review pursuant to SEQRA.
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.
A. 
A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Town.
B. 
All small WECS shall be maintained in good condition and in accordance with all requirements of this section.