[HISTORY: Adopted by the Town Board of the Town of Niskayuna 1-26-2010 by L.L. No.
2-2010. Amendments noted where applicable.]
The purpose of this chapter is to guide the construction and
operation of wind energy facilities, small wind energy facilities
and wind measurement towers in the Town of Niskayuna, subject to reasonable
conditions that will protect the public health, safety and welfare.
The requirements of this chapter shall apply to all wind energy
facilities, small wind energy facilities and wind measurement towers
proposed, operated, modified, or constructed within the municipal
boundaries of the Town of Niskayuna. Wind energy facilities, small
wind energy facilities and wind measurement towers shall be allowed
within the Town subject to the requirements of this chapter.
A.
Permitting authority and requirements.
(1)
No wind energy facility or wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Niskayuna except by first obtaining, as applicable, a special use permit, a site plan review and a building permit as provided under this chapter. The Town Board of the Town of Niskayuna, as established pursuant to § 220-57 of the Zoning Ordinance of the Town of Niskayuna, shall have discretion to review, consider and issue a special use permit for wind energy facilities and wind measurement towers in accordance with this chapter.
B.
Exemptions. In the event that an applicant or permittee intends to
undertake in-kind replacement of a wind energy facility, small wind
energy facility or wind measurement tower, the Town Code Enforcement
Officer, Building Inspector, or other Town designee shall be notified
prior to such replacement. The Town Code Enforcement Officer, Building
Inspector or other Town designee may approve such in-kind replacement
or refer the applicant or permittee to the Town Board to determine
whether a special use permit must first be obtained.
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 purpose of deriving, collecting or distributing energy from
such wind turbines located on or associated with a wind energy facility,
small wind energy facility or wind measurement tower.
Any federal, state, county or Town road which is open to
the public, or a private road regularly used by multiple persons for
access to separate off-site parcels of land, access to which is unrestricted
by the owner(s) of said private road.
Any dwelling located on site which is suitable for habitation
on the date a wind energy facility, small wind energy facility or
wind measurement tower application is received by the Town and deemed
complete by the Town Board and for which a valid certificate of occupancy
has been issued or should have been issued prior to such date. A residence
may be part of a multifamily dwelling or multipurpose building and
shall include buildings such as hotels, motels, hospitals, day-care
centers, dormitories, and nursing homes.
The parcel(s) of land where a wind energy facility, small
wind energy facility or wind measurement tower 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.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics and electrical
collection and distribution equipment, and accessory facilities or
equipment, which has a nameplate capacity of not more than 100 kilowatts.
Small wind energy facilities shall be considered major accessory structures
on residential building lots.
The highest point above ground level of any improvement related
to a wind energy facility, small wind energy facility or wind measurement
tower. Total height as applied to wind turbines shall include the
highest point of any wind turbine blade above the tower.
Any wind turbine or array of wind turbines designed to deliver
electricity to the power grid for sale with a combined production
capacity of more than 100 kilowatts, including all related infrastructure,
electrical collection and distribution lines and substations, access
road and accessory structures, including accessory facilities or equipment.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
A wind energy conversion system consisting of turbine blades
and hub connected to a drive train and electrical generator housed
in a nacelle mounted on a tower together with associated control or
conversion electronics and equipment.
A.
A complete application for a wind energy facility and wind measurement
tower shall include:
(1)
A completed application for a special use permit and site plan review
on the forms provided by the Town of Niskayuna Planning and Zoning
Department.
(2)
A site plan prepared by a licensed professional engineer, including:
(a)
Property line and physical dimensions of the site;
(b)
Location, approximate dimensions and types of existing structures
and uses on the site, public roads, and adjoining properties within
1,500 feet of the boundaries of any proposed wind turbine, accessory
facilities or equipment, or 1 1/2 times the total height of such
wind turbines, whichever shall be greater;
(c)
Location of each proposed wind turbine, wind measurement tower
and accessory facilities or equipment;
(d)
Location of all above- and below-ground utility lines on the
site as well as transformers, the interconnection point with transmission
lines, and other ancillary facilities or structures, including, without
limitation, accessory facilities or equipment;
(e)
Locations of setback distances as required by this chapter;
(f)
All other proposed facilities, including, without limitations,
access roads, electrical substations, storage or maintenance units,
and fencing;
(g)
All site plan application materials required under § 220-43 of the Zoning Ordinance of the Town of Niskayuna; and
(h)
Such other information as may be required by the Town Board
or Planning Board.
(3)
The proposed make, model, picture and manufacturer's specifications
of each proposed wind turbine and tower model(s), including noise
decibel data, and material safety data sheet documentation for all
materials used in the operation of the equipment. If a particular
wind turbine has not been selected by the applicant at the time of
application due to a constraint as to the availability of equipment
or the inability of the applicant to obtain appropriate supplier commitments,
such information shall nevertheless be provided to the Town Board
with an acknowledgement that the type of wind turbine may be modified
during the application review.
(4)
A proposed lighting plan to be submitted to and reviewed by the Federal
Aviation Administration for any structure equal to or more than 200
feet above the ground, or as may otherwise be required by the Federal
Aviation Administration or local, state or federal law or regulation.
(5)
A construction schedule describing anticipated commencement and completion
dates, including a traffic analysis with a description of the routes
to be used by construction and delivery vehicles.
(6)
An operations and maintenance plan providing for regular periodic
maintenance schedules and for any special maintenance requirements.
Procedures and notification requirements for restarts during icing
events should be proposed and established by the Town Board.
(7)
A list of property owners, with their mailing addresses, within 500
feet of the outer boundaries of the proposed site, or 1 1/2 times
the total height of such wind turbines, whichever shall be greater.
B.
Application requirements for wind energy facilities only:
(1)
A decommissioning plan that provides for an estimation of decommissioning
costs, the method of ensuring that funds shall be available for decommissioning
and restoration of the site and any off-site areas disturbed by or
utilized during decommissioning, the method by which the decommissioning
cost estimate and funding shall be kept current, and the manner in
which the wind energy facility shall be decommissioned.
(2)
A complaint resolution process to address complaints from nearby
residents.
(3)
A transportation plan (See § 218-10.) describing routes to be used in delivery of project components, equipment and building materials and those to be used to provide access to the site during and after construction. Such plan shall also describe any anticipated improvements to existing roads, bridges or other infrastructure, as well as measures which will be taken to restore damaged/disturbed access routes following construction.
(4)
A fire protection and emergency response plan to address emergency
response and coordinate with local emergency response providers during
any construction or operation phase emergency, hazard or other event
and funding mechanism for any special first responder equipment and/or
training, if any, to address emergency/rescue situations.
(5)
Predicted wind-turbine-only sound analysis.
(a)
A sound level analysis shall be prepared to determine predicted
sound levels at off-site property lines and residences from operation
of wind turbines. Such analysis shall be referred to as "wind-turbine-only
sound." The analysis shall include the sound level, dBA, for the wind
turbine operating at rated power output and for the wind turbine shut
down.
(b)
Wind-turbine-only sound shall be predicted based upon appropriate
ambient noise levels obtained from field or laboratory measurements
of the wind turbine proposed to be installed. Daytime and nighttime
ambient noise levels of the site and nearby off-site areas shall be
determined for wind speeds corresponding to rated operation of the
wind turbine and for wind speed of one meter per second or less.
(c)
Except as otherwise provided herein, wind turbines shall be
located so that predicted wind-turbine-only sound at ground-level
property lines shall not exceed the appropriate ambient noise level
by eight dBA, and wind-turbine-only sound at residences shall not
exceed the appropriate ambient noise level of four dBA with the turbine
operating or shut down. If the spectra of the wind-turbine-only sound
contained dominant, steady pure tones, as for instance a whine, screech
or hum, the standards for audible noise set forth in this subsection
shall be reduced by four dBA. A pure tone is defined to exist if the
one-third octave band sound pressure level in the band, including
the tone, exceeds the average of the sound pressure levels of the
two contiguous bands by five dBA for center frequencies of 500 Hz
or above, by eight dBA for center frequencies between 160 Hz and 400
Hz, or by 15 dBA for center frequencies less than or equal to 125
Hz. Exceeding these noise standards shall be deemed a violation.
(6)
Statement of projected noise measurements.
(a)
The applicant shall provide a statement listing the existing
and maximum future projected measurements of noise from the proposed
wind energy conversion facility, measured in decibels Ldn (logarithmic
scale, accounting for greater sensitivity at night), for the following:
(b)
Such statement shall be certified and signed by a qualified
engineer, stating that noise measurements are accurate and meet the
noise standards of this chapter and applicable state requirements.
(7)
A post-construction sound monitoring plan (large wind energy facility
only) shall be developed which, at a minimum, requires annual certification
by a qualified engineer of the permittee or applicant to the Town
Board that the wind energy facility remains in conformance with the
requirements of this chapter. If no complaints regarding noise are
received in a five-year period from operation, the applicant may request
that the annual certification be suspended.
C.
Application requirements for small wind energy facilities. For a
small wind energy facility, an application for site plan review is
required on the forms provided by the Town of Niskayuna Planning and
Zoning Department. Small wind energy facilities shall be considered
major accessory structures on residential building lots.
B.
Wind energy facilities. Applicants shall be required to prepare and
submit a long environmental assessment form which, unless a lead agency
other than the Town Board has already been established in accordance
with the requirements of the State Environmental Quality Review Act,
shall be distributed by the Town Board to all involved agencies prior
to any determination of significance by the lead agency. All environmental
impact statements for wind energy facilities shall contain, but not
be limited to:
(1)
Mapping of scenic resources of statewide significance, as defined
by the New York State Department of Environmental Conservation Visual
Policy (Policy DEP-00-2), and of local significance, as officially
listed by the relevant municipality within the study area.
(2)
Viewshed mapping and/or cross-section analysis to identify areas
(including the significant resources identified above) with potential
view of the project.
(3)
A description of the character and quality of the affected landscape.
(4)
Photographic simulations of what the proposed project will look like
from a reasonable number of representative viewpoints within the five-mile-radius
study area to be selected in consultation with the Town Board or Planning
Board.
(5)
Evaluation of the project's visual impact based on the viewshed mapping
and photographic simulations described above.
(6)
Recommended visual mitigation measures (in accordance with New York
State Department of Environmental Conservation Policy DEP-00-2), if
warranted, based on the results of the impact evaluation described
above.
(7)
A visual impact analysis.
(8)
An avian impact study. Appropriate bird and bat migration, nesting
and habitat studies shall be submitted. The applicant shall solicit
input from the New York State Department of Environmental Conservation
on such studies and shall follow any required protocols established,
adopted or promulgated by the Department.
(9)
Archaeological and architectural impact analysis. The applicant shall
solicit input from the New York State Historic Preservation office.
(10)
Fiscal and economic impact analysis.
(11)
An assessment of potential electromagnetic interference with
microwave, radio, television, personal communications systems, 911
and other wireless communications.
(12)
An assessment of potentially impacted wetland, surface water
and groundwater resources, and the geology and land use of the site,
as well as an assessment of construction phase impacts, traffic impacts
and adverse sound impacts which may arise from project construction
or operation.
(13)
An assessment of potential shadow flicker at off-site residences
and roadways.
C.
Applicants shall submit Part 1 of a long environmental assessment
form to the Town of Niskayuna Town Board for large wind energy facilities
or to the Planning Board for small wind energy facilities and wind
measurement towers.
A.
Large wind energy facilities and wind measurement towers.
(1)
Applicants must arrange a preapplication meeting with the Department
of Planning for application review.
(2)
Following the preapplication meeting, 12 copies of the application
shall be submitted to the Town Planner or other Town designee. Payment
of all application fees shall be made at the time of submission.
(3)
The Town Board and the Planning Board shall each hold a public hearing
on the application. Notice shall be published in the Town's official
newspaper, no less than 10 days before any hearing. All adjoining
property owners within 1,500 feet of the outer boundary of the site
shall be given written notice of a public hearing via certified mail
at the expense of the applicant.
(4)
Following the holding of the public hearing and completion of the
SEQRA process, the Town Board and Planning Board may approve, approve
with conditions, or deny the special use permit or site plan application
in accordance with the standards in this chapter.
B.
Small wind energy facilities.
(1)
The applicant will submit 12 copies of the application to the Town
Planner or other Town designee. Payment of all application fees shall
be made at the time of submission.
(2)
The Planning Board shall hold a public hearing on the application.
Notice shall be published in the Town's official newspaper, no less
than 10 days before for any hearing. All adjoining property owners
within 500 feet of the outer boundary of the property shall be given
written notice of the public hearing.
(3)
Following the holding of the public hearing and completion of the
SEQRA process, the Planning Board may approve, approve with conditions,
or deny the site plan application in accordance with the standards
in this chapter.
The following standards shall apply to large wind energy facilities
only:
A.
Unless an environmental constraint prohibits burial, all power transmission
lines from the tower to any building, substation, or other structure
shall be located underground in accordance with National Electrical
Code standards, unless an environmental constraint requires such transmission
lines to be located above ground.
B.
Wind turbines and towers must be white in color.
C.
No advertising signs are allowed on any part of the wind energy facility,
including fencing and support structures.
D.
No tower shall be lit except to comply with Federal Aviation Administration
(FAA) requirements. Minimum security lighting for ground-level facilities
shall be allowed as approved on the wind energy facility development
plan.
E.
The wind energy facility shall be designed to minimize the impact
of land clearing and the loss of important open spaces. Development
on agricultural lands shall follow the Guidelines for Agricultural
Mitigation for Wind Power Projects published by the New York State
Department of Agriculture and Markets.
F.
Stormwater runoff and erosion control shall be managed in a manner
consistent with all applicable local, state and federal laws and regulations,
and such standards shall be applied by the Planning Board.
G.
Wind turbines shall be located in a manner that minimizes shadow
flicker on residences and roadways.
H.
No wind energy facility shall be installed in any location where
its proximity with existing fixed broadcast, retransmission, or reception
antennas for radio, television, or wireless phone or personal communications
systems would produce electromagnetic interference with signal transmission
or reception. No wind energy facility shall be installed in any location
along the major axis of an existing microwave communications link
where its operation is likely to produce electromagnetic interference
in the link's operation. If it is determined that a wind energy facility
is causing electromagnetic interference, the operator shall take the
necessary corrective action to eliminate this interference, including
relocation or removal of the facilities or resolution of the issue
with impacted parties.
A.
Except as provided herein, each wind turbine associated with a wind
energy facility shall be set back as follows:
(1)
A distance no less than 1,500 feet from residences.
(2)
A distance no less than the greater of 1.5 times the total height
of the wind turbine or 500 feet from off-site property boundaries.
(3)
A distance no less than the greater of 1.5 times the total height
of the wind turbine or 500 feet from public roads.
B.
Small wind energy facility wind turbines and wind measurement towers
shall be set back from off-site property boundaries at least 1.5 times
the structure height, which includes the height of any structure the
small wind energy facility is mounted on.
C.
Except as provided herein, the sound pressure level generated by a wind energy facility or small wind energy facility shall not exceed the sound levels required and established in accordance with § 218-5 of this chapter. Compliance shall periodically be determined by the Town Code Enforcement Officer, or such other officer or employee which the Town Board may designate. The Town Board and Planning Board may also impose appropriate additional requirements in accordance with § 218-10 of this chapter.
D.
Large wind energy facilities shall not exceed 450 feet in total height.
Small wind energy facility wind turbines shall not exceed 35 feet
in total height and wind measurement towers shall not exceed 100 feet
in total height. Any small wind energy facility wind turbine or wind
measurement tower which exceeds the total height requirement shall
be reviewed by the Town Board and considered a wind energy facility
for purposes of this chapter, except that the preparation of a draft
environmental impact statement shall be at the discretion of the Town
Board and in accordance with SEQRA.
E.
Prior to issuance of a building permit for the wind energy facilities
only, the applicant shall provide the Town proof, in the form of a
duplicate insurance policy or a certificate issued by an insurance
company, of liability insurance, of a level to be determined by the
Town Board in consultation with the Town's insurer, to cover damage
or injury which might be caused by or result from the operation or
maintenance of such wind energy facility.
The provisions of this section shall apply to wind energy facilities
only.
A.
Designated traffic routes for construction and delivery vehicles
to minimize traffic impacts, wear and tear on local roads, and impacts
on local business operations shall be proposed by the applicant and
reviewed by the Planning Board.
B.
To the extent the designated traffic routes will include the use
of Town, county or state roads, the applicant is responsible for executing
a road use agreement with the appropriate agency, which shall provide
for the remediation of damaged roads upon completion of the installation
or maintenance of a wind energy facility and for adequate maintenance
of the roads during construction of the wind energy facility, such
that the roads will remain open and passable. Prior to the issuance
of any building permit, the cost of remediating road damage shall
be secured in the form of a letter of credit or other surety that
is acceptable to the appropriate agency and sufficient to compensate
the agency for any damage to public roads.
C.
The applicant shall provide pre- and post-development photographic
evidence of the condition of Town, county, or state roads to be traveled
upon by construction and delivery vehicles.
Issuance of a special use permit, site plan review, and certificates
of conformity shall be as follows:
A.
The Town Board and/or the Planning Board shall, within 180 days of
either issuing SEQRA findings or a SEQRA negative declaration or conditioned
negative declaration, issue a written decision with the reasons for
approval, conditions of approval or disapproval fully stated. This
time period may be extended with consent of the applicant.
B.
The Town Board and/or the Planning Board is empowered to impose conditions
with the approval of the special use permit and site plan approval
as well as construction and operational phases of the project which
it deems necessary and appropriate to ensure the following:
(1)
Compliance with this chapter and SEQRA;
(2)
Conformity of project construction and operation with representations
made by the applicant during the application review process, as well
as with any determinations or findings issued by the Town Board and/or
Planning Board or any other involved agency under the State Environmental
Quality Review Act; and
(3)
Compliance with any other federal, state or local laws or regulations
applicable to the project, and as may be necessary to promote the
public health, safety and welfare.
C.
If approved, the Town Board and/or the Planning Board shall direct
the Town Zoning Officer, Code Enforcement Officer, Building Inspector
or other designee authorized by the Town Board to issue a permit upon
satisfaction of any and all conditions precedent set forth under this
chapter, the terms of approval or conditions of the permit, or any
additional requirement of the Town Board and/or Planning Board imposed
in connection with any other project approval or agreement deemed
necessary to the issuance of the permit.
D.
The decision of the Town Board and/or the Planning Board shall be
filed within five days in the office of the Town Clerk, and a copy
shall be mailed to the applicant by first-class mail.
E.
If any approved wind energy facility, small wind energy facility
or wind measurement tower is not completed within 24 months of issuance
of the permit, the permit shall expire unless the Town Board and/or
Planning Board shall have granted an extension.
F.
Upon commissioning of the project, which for purposes of wind energy
facilities and small wind energy facilities shall mean the conversion
of wind energy to electrical energy for on-site use or distribution
to the electrical grid, and for purposes of wind measurement towers
shall mean the collection of wind speed and/or other data by the wind
measurement tower equipment, the Town Zoning Officer, Code Enforcement
Officer, Building Inspector or other designee authorized by the Town
Board shall determine whether the project is in compliance with the
permit. If the Town Zoning Officer, Code Enforcement Officer, Building
Inspector or other designee determines the project is in compliance
with the permit, a certificate of conformity shall be promptly issued
to the permittee.
A.
If any wind turbine stops converting wind energy into electrical
energy and/or distributing that energy for on-site use or transmission
onto the electrical grid for a continuous period of 12 months, the
applicant/permittee shall remove said system at his or her own expense
following the requirements of the decommissioning plan required under
this chapter or any permit. In measuring the period of continuous
inactivity, operations that are temporary in nature (energy is distributed
for fewer than 14 continuous days and followed by a period of inactivity)
shall not restart, suspend, or otherwise interrupt the running of
the aforesaid twelve-month time period. The Town Board may grant an
extension of this time period for up to one year only if the applicant/permittee
can demonstrate reasonable justification for not dismantling or removing
said system.
B.
At such time that a wind energy conversion facility is scheduled
to be abandoned or discontinued, the applicant will notify the Town,
by certified United States Mail, of the proposed date of abandonment
or discontinuation of operation. Such notice shall be given no less
than 30 days prior to abandonment or discontinuation of operations.
In the event that an applicant fails to give such notice, the facility
shall be considered abandoned upon such discontinuation of operations.
C.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the wind energy conversion facility within 90 days from the
date of abandonment or discontinuation of use. "Physically remove"
shall include, but not be limited to:
(1)
Removal of all machinery, equipment, equipment shelters and security
barriers from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
(3)
Restoring the location of the wind energy conversion facility to
its natural condition, except that any landscaping, grading or below-grade
foundation shall remain in the "after" condition.
D.
If an applicant fails to remove a wind energy conversion facility
in accordance with this chapter, the Town shall have the authority
to enter the subject property and physically remove the facility.
E.
The Planning Board or Town Board may require the applicant to post
a letter of credit at the time of construction to cover costs of the
removal in the event the Town must remove the facility. The amount
of such letter of credit shall be reviewed and approved by the Town
Board under the approved decommissioning plan.
All wind energy facilities, small wind energy facilities and wind measurement towers 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 or wind measurement tower become inoperable, or any part of the wind energy facility or small wind energy facility be damaged, or should a violation of a permit condition occur, the permittee, owner or operator shall remedy the failure within 90 days, except that where in the opinion of the Building Inspector such defect presents a threat to the health and safety of the public, such defect must be remedied as soon as possible. Upon a failure to perfect a timely remedy, project operation shall cease. Application of this section of the chapter shall in no way extend or interrupt any time periods set forth under § 218-12 of this chapter.
A.
Upon application for a large wind energy facility permit, the applicant
shall pay a minimum fee of $500, plus $500 per megawatt of proposed
nameplate capacity of a project. Upon application for a small wind
energy facility permit or wind measurement tower permit, the applicant
shall pay a permit fee of $100. This permit fee shall be used to offset
any internal costs the Town may incur in administering a permit and
shall be in addition to any application fee or other fee.
B.
In addition to any fees collected in accordance with Subsection A of this section, the Town Planning Board, Zoning Officer, Building Inspector, Code Enforcement Officer and Town Board may hire any consultant and/or experts necessary to assist the Town in reviewing and evaluating permit applications, including, but not limited to, site inspections, the construction and modification of a site once permitted, and any requests for certification or recertification that the project is in conformity with the permit or the law. An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and for consultation with the Town in connection with the review of the application.
A.
Waivers.
(1)
The Planning Board may grant a waiver from the strict application of the provisions of this chapter to improve the quality of any existing wind energy facility, small wind energy facility or wind measurement tower and to better protect the health, safety and welfare of the Town. Area requirements, including setbacks, noise requirements and height limits, shall not be waived by the Planning Board except as described in § 218-9 of this chapter.
(2)
The Planning Board shall consider the impact of the waiver on the
neighborhood, including the potential benefits or detriment to nearby
properties, the benefits or detriments to the applicant, feasible
alternatives and the magnitude of the request. The Planning Board
may attach such conditions as it deems appropriate to waiver approvals
to ensure that such waiver adequately protects the public health,
safety and welfare.
B.
Immaterial modifications.
(1)
Unless expressly limited by a condition imposed in the permit, the
Town Zoning Officer, Code Enforcement Officer, Building Inspector
or Town designee may, during project construction, allow immaterial
modifications to the design of the project as represented in the final
set of site plans reviewed and considered by the Planning Board. Such
immaterial modifications shall only be allowed, if at all, in response
to a written request by the applicant or permittee. Also, such requests
shall be submitted in writing, addressed to the authorized Town designee,
with copies to the Chairman of the Planning Board, the Town Planner
or other Town designee, and the Town's designated consultants. The
Planning Board Chairman shall review the proposed immaterial modifications
and if deemed necessary, require the applicant to appear before the
Planning Board to seek approvals for the modifications.
(2)
Immaterial alterations shall only include a change in location, type of material or method of construction of a wind energy facility, small wind energy facility or wind measurement tower that will not: result in any material increase in any environmental impact of the project as compared to the impacts reviewed and accepted for the project by the Town Board and/or Planning Board; cause the project to violate any applicable setbacks or other requirements of this chapter; or cause the project to not conform to the SEQRA determination or findings issued by the Town Board and/or Planning Board. The applicant or permittee shall be required to acknowledge to the Town in written form that the requested modification is immaterial in accordance with the requirements of this § 218-15. At the request of the Town designee, Planning Board, Town's designated consultants or the Town Board, the Town may commission appropriate analyses to verify this acknowledgement, and the cost of any such analysis shall be paid in accordance with § 218-14 of this chapter.
A.
Enforcement Officer. The Town of Niskayuna Town Board shall designate an officer of the Town to enforce the provisions of this chapter. Such designated officer may, with the consent of the Town Board, contract with professional consultants to assist in the enforcement and administration of this chapter. Such professional fees shall be the responsibility of the applicant to pay. (See § 218-14.) In the absence of a designated enforcement officer, the Town Code Enforcement Officer shall be considered the enforcement officer for purposes of this chapter.
B.
Penalties. Any person owning, controlling, operating or managing
a wind energy facility, small wind energy facility or wind measurement
tower 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 a violation of this chapter and subject
to a fine of up to $1,000 per day per violation.
C.
Special proceeding. The designated enforcement officer may, with
the consent of the Town Board, institute an action or proceeding available
at law to prevent, correct or abate any unlawful construction, erection,
structural alteration, reconstruction, modification and/or use of
a wind energy facility, small wind energy facility or wind measurement
tower in the Town. This shall be in addition to other remedies and
penalties herein provided or available at law.
