[HISTORY: Adopted by the Town Board of the Town of Coxsackie 6-29-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
This chapter may be cited as the "Town of Coxsackie Small Wind
Energy Facility Law."
The purpose of this chapter is to provide for the construction
and operation of small wind energy facilities in the Town of Coxsackie
subject to reasonable conditions that will protect the public health,
safety and welfare. The criteria will be utilized by building inspectors
charged with issuing building permits for small wind energy systems.
Any proposed nonconforming small wind energy systems will be addressed
through a special permit process under the review of the special permit
granting authority. The small wind energy systems bylaw should provide
a streamlined and efficient administrative permitting process to allow
for responsibly sited small wind systems.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure, other than a wind turbine, related to the
use and purposes of deriving energy from such towers, located on the
wind energy facility site.
The background sound level (predevelopment) found to be exceeded
90% of the time over which sound is measured in a noise analysis.
The Inspector of Buildings, Building Commissioner or local inspector, or if there are none in a town, the Board of Selectmen, or person or board designated by local ordinance or bylaw charged with the enforcement of Chapter 201, Zoning, of the Code of the Town of Coxsackie.
A building permit is a required approval of a project by a licensed Building Inspector which is consistent with the local, state and federal building codes. In addition, the permit must meet the criteria set forth under Chapter 201, Zoning, regarding small wind energy systems.
Manufacturer-trained and/or NYSERDA eligible wind turbine
installer.
The height of a wind turbine measured from natural grade
to the tip of the rotor blade at its highest point, or blade-tip height.
A not-for-profit organization formed in 1998 as part of the
restructuring of New York State's electric power industry. Its
mission is to ensure the reliable, safe and efficient operation of
the state's major transmission system and to administer an open,
competitive and nondiscriminatory wholesale market for electricity
in New York State.
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a nameplate
on the equipment.
Any dwelling suitable for habitation existing on the date
an application is received. A residence may be part of a multifamily
dwelling or multipurpose building, and shall include buildings such
as hotels or motels, hospitals, day-care centers, dormitories, sanitariums,
nursing homes, municipal buildings, schools or other buildings used
for educational purposes or correctional institutions.
The visual effect of viewing the moving shadow of the wind
energy facility rotor blades when they are in a position between the
receptor (person viewing them) and the sun and/or the strobe lighting
effect of this condition as perceived by the receptor either directly
or indirectly (as in a reflection off a light colored wall).
The parcel(s) of land where a wind energy facility is to
be placed. The site can be publicly or privately owned by an individual
or a group of individuals controlling single or adjacent properties.
Where multiple lots are in joint ownership, the combined lots shall
be considered as one for purposes of applying setback requirements.
Any property which has a wind energy facility or has entered an agreement
for said facility or a setback agreement shall not be considered off
site.
All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, storage, electrical collection and supply equipment,
transformers, service and access roads, and one or more wind turbines,
which has a rated nameplate capacity of 100 kilowatts or less.
According to the NYSDEC Program Policy on Assessing and Mitigating
Noise Impacts, sound pressure level is the sound pressure in the atmosphere,
which pressure is expressed in decibels. The sound pressure is measured
by the sound level meter satisfying the requirements of the American
National Standards specification of sound level meter, S1.4-1971,
according to a frequency-weighted decibel scale. The sound pressure
can be determined according to the International Standard for Acoustic
Noise Measurement Techniques for Wind Generators (IEC 61400-11), or
other accepted procedure. Also, the perceived loudness of a sound
as expressed in decibels (db). For example, the A-weighted decibel
scale dB(A) represents those frequencies most readily audible to the
human ear. The C-weighted decibel scale dB(C), approximates response
of the human ear to low-frequency sounds. The G-weighted decibel scale
dB(G) is designed for infrasound.
The special permit granting authority shall be the Board
of City Council, Board of Appeals, Planning Board, or Zoning Administrator
as designated by zoning ordinance or bylaw, for the issuance of special
permits, or by this section of the issuance of special permits to
construct and operate small wind energy systems.
A permit provided by the special permitting authority for
nonconforming small wind systems (e.g., a small wind system that does
not meet the criteria for small wind systems set forth by the Building
inspector).
The height of the tower and the furthest vertical extension
of the wind turbine rotor blade.
The owner of the electric distribution networks. Examples
include New York State Electric and Gas, National Grid and Con Edison.
Any wind turbine, small wind turbine or wind measurement
tower or combinations of these, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
A permit pursuant to this chapter granting the holder the
right to construct, maintain and operate a wind energy facility.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
If the proposed small wind energy system does not satisfy the
criteria of the building permit set forth under the adopted bylaws,
then the applicant must seek review and petition the permit granting
authority for a special use permit. The special use permit will provide
for a variance from the prescribed bylaw requirements. This variance
from the building permit criteria will only be applicable to that
specific nonconforming project.
No small wind energy system shall be erected, constructed, installed
or modified as provided in this section without first obtaining a
building permit from a licensed Building Inspector. All such wind
energy systems shall be constructed and operated in a manner that
minimizes any adverse visual, safety and environmental impacts. Such
permits may also impose reasonable conditions, safeguards and limitations
on time and use and may require the applicant to implement all reasonable
measures to mitigate unforeseen adverse impacts of the small wind
energy system, should they occur.
A.
Permit requirements.
(1)
Building permit. A building permit shall be required for the installation
of a small wind energy system. The fee shall be $150 for each wind
energy system.
(2)
Certified installer. A certified installer's supervision is
required for the siting and installation of wind turbines.
(3)
Documents. The building permit application shall be accompanied by
deliverables, including the following:
(a)
Plot plan showing:
[1]
Property lines and physical dimensions of the subject property
within one time the total height from the tower location;
[2]
Location, dimensions, and types of existing major structures
on the property;
[3]
Location of the proposed wind system tower, foundations, guy
anchors and associated equipment;
[4]
The right-of-way of any public road that is contiguous with
the property;
[5]
Any overhead utility lines;
[6]
Wind system specifications, including manufacturer and model,
rotor diameter, tower height, tower type (freestanding or guyed);
[7]
Tower foundation blueprints or drawings signed by the manufacturer
or a professional engineer;
[8]
Tower blueprints or drawing signed by the manufacturer or a
professional engineer.
B.
Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this chapter or with any condition contained in a building permit
issued pursuant to this chapter. Small wind energy systems installed
by the prior to the adoption of this chapter are exempt.
C.
Administration and enforcement.
(1)
This chapter shall be administered and enforced by the Building Inspector
or other officials as designated.
(2)
The Building Inspector may enter any property for which a building
permit has been issued under this chapter to conduct an inspection
to determine whether the conditions stated in the permit have been
met.
Any person who fails to comply with any provision of this chapter
or a building permit issued pursuant to this chapter shall be subject
to enforcement and penalties as allowed by applicable law.
A.
The construction
and operation of all such proposed small wind energy systems shall
be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
environmental, electrical, communications and FAA aviation requirements.
B.
Utility
notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
C.
Temporary
meteorological towers (MET towers). MET towers shall be permitted
under the same standards as a small wind system, except that the requirements
apply to a temporary structure. A permit for a temporary MET tower
shall be valid for a maximum of three years after which an extension
may be granted.
A.
Lot size: minimum lot size of 1/2 acre.
B.
Lot size waiver: written acceptance from neighbors within 500 feet.
C.
Turbine height: no higher than 120 feet tall from natural grade.
D.
Turbine height waivers. A special use permit is required.
E.
Setbacks. Wind turbines shall be set back a distance equal to the
total height of the wind turbine from all neighboring inhabited structures,
overhead utility lines, public road or right-of-way, and property
boundaries.
F.
Setback waiver. The Building Inspector may reduce the minimum setback
distance if written permission is granted by the entity with care
and control over the affected asset.
A.
Appearance, color and finish. The wind generator and tower shall
remain painted or finished with the nonreflective color or finish
that was originally applied by the manufacturer, unless approved in
the building permit.
B.
Lighting and signage.
(1)
Lighting. Wind turbines shall be lighted only if required by the
Federal Aviation Administration. Lighting of other parts of the small
wind energy system, such as appurtenant structures, shall be limited
to that required for safety and operational purposes, and shall be
reasonably shielded from abutting properties.
A.
Unauthorized access. Wind turbines or other structures part of a
small wind energy system shall be designed to prevent unauthorized
access; for instance, the tower shall be designed and installed so
as to not provide step bolts or a ladder readily accessible to the
public for a minimum height of eight feet above the ground.
B.
Noise. The small wind energy system and associated equipment shall
conform with the provisions of the Department of Environmental Protection,
Division of Air Quality Noise Regulations (310 CMR 7.10), unless the
Department and the permit granting authority agree that those provisions
shall not be applicable.
C.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to that which is necessary for the construction,
operation and maintenance of the small wind energy system and is otherwise
prescribed by applicable laws, regulations and ordinances.
A.
System
conditions. The applicant shall maintain the small wind energy system
in good condition. Maintenance shall include, but not limited to,
painting, structural repairs and security measures, if needed or required.
A.
If any wind turbine remains nonfunctional or inoperative for a continuous
period of 12 months, the owner shall remove said system at its own
expense, following the requirements of the decommissioning plan. Removal
of the system shall include at least the entire aboveground structure,
including transmission equipment and fencing from the property. This
provision shall not apply if the owner demonstrates to the Town that
it has been making good faith efforts to restore the wind turbine
to an operable condition, but nothing in this provision shall limit
the Town's ability to order a remedial action plan after public
hearing.
B.
Nonfunction or lack of operation may be proven by reports to the
Public Service Commission, NYSERDA, New York Independent System Operator,
or by lack of income generation. The applicant shall make available
(subject to a nondisclosure agreement) to the Planning Board all reports
to and from the purchaser of energy from individual wind turbines
if requested and necessary to prove the wind turbine is functioning,
which reports may be redacted as necessary to protect proprietary
information.
Nothing in this chapter shall be deemed to give any applicant
the right to cut down surrounding trees and vegetation on any property
to reduce turbulence and increase wind flow to the wind energy facility.
Nothing in this chapter shall be deemed a guarantee against any future
construction or Town approvals of future construction that may, in
any way, impact the wind flow to any wind energy facility. It shall
be the sole responsibility of the facility operator or owner to acquire
any necessary wind flow of turbulence easements or rights to remove
vegetation.
A.
A wind turbine shall be maintained in operational condition at all
times, subject to reasonable maintenance and repair outages. Operational
condition includes meeting all noise requirements and other permit
conditions. Should a wind turbine become inoperable, or should any
part of the wind turbine be damaged, or should a wind turbine violate
a permit condition, the owner or operator shall remedy the situation
with 90 days after written notice from the Planning Board. The applicant
shall have 90 days after written notice from the Planning Board to
cure any deficiency. An extension of the ninety-day period may be
considered by the Planning Board, but the total period may not exceed
180 days.
B.
Should a wind turbine not be repaired, or made operational, or brought
into permit compliance after said notice, the Town may, after a public
meeting at which the operator or owner shall be given opportunity
to be heard and present evidence, including a plan to come into compliance,
order either remedial action within a particular time frame, or order
revocation of the wind energy facility permit for the wind turbine
and require its removal within 90 days. If the wind turbine is not
removed, the Planning Board shall have the right to use the security
posted as part of the decommission plan to remove the wind turbine.
A.
Installation of wind measurement towers, also known as anemometer
towers, shall be permitted upon the issuance of a wind energy facility
permit to determine the wind speeds and the feasibility of using particular
sites. The distance between a wind measurement tower and the property
line shall be at least one time the total height of the tower. Wind
energy facility permits for wind measurement towers shall be issues
for a period of two years and shall be renewable upon application
to the Planning Board. An application for a wind measurement tower
shall include:
(1)
Name, address, telephone number and signatures of the applicant and
agent for the applicant, if any.
(2)
Name, address, telephone number and signature of the property owner
along with written authorization by the property owner to submit the
application.
(3)
Proposed development plan.
(4)
Decommissioning plan, including a security bond for removal, should
the tower not be converted to permanent use for wind energy generation.
B.
Other development standards as set forth above for wind energy facilities
shall be applied to the maximum extent practicable, as determined
by the Planning Board, recognizing the temporary nature of wind measurement
towers.
