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:
ACCESSORY FACILITIES OR EQUIPMENT
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.
AMBIENT SOUND
The background sound level (predevelopment) found to be exceeded
90% of the time over which sound is measured in a noise analysis.
BUILDING INSPECTOR
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.
BUILDING PERMIT
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.
HEIGHT
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.
NYISO (NEW YORK INDEPENDENT SYSTEM OPERATOR)
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.
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production equipment.
This output is typically specified by the manufacturer with a nameplate
on the equipment.
RESIDENCE
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.
SHADOW FLICKER
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).
SITE
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.
SMALL WIND ENERGY SYSTEM
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.
SOUND PRESSURE LEVEL
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.
SPECIAL PERMIT GRANTING AUTHORITY
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.
SPECIAL USE PERMIT
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).
TOTAL HEIGHT
The height of the tower and the furthest vertical extension
of the wind turbine rotor blade.
TRANSMISSION OWNER
The owner of the electric distribution networks. Examples
include New York State Electric and Gas, National Grid and Con Edison.
WIND ENERGY FACILITY
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.
WIND ENERGY FACILITY PERMIT
A permit pursuant to this chapter granting the holder the
right to construct, maintain and operate a wind energy facility.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
WIND TURBINE
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.
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.
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.