[Adopted 3-12-2009 by L.L. No. 1-2009]
Small private-use windmills available from retail outlets shall
be considered personal-use machines. These machines are defined as
those producing fewer than 5,000 watts and are less than 75 feet in
total height. They will be subject to all the above requirements,
with the exception of the following:
A. Minimum lot size of five acres.
D. Setback. The required setback for a personal-use machine shall be
1 1/2 times the total structure height.
[Adopted 5-13-2010 by L.L. No. 2-2010]
As used in this article, the following terms shall have the
meanings indicated:
HEIGHT
When referring to a tower or other structure, the height
shall be measured from existing or natural grade, whichever is lower,
to the highest point on the tower or other structure, including the
base pad and any antennas. The height of a WECS shall be measured
from such grade to the apex of the blade in the vertical position.
SITE
The physical location of a WECS, including the related tower
and transmission equipment.
SMALL-SCALE (NONCOMMERCIAL) WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system consisting of one wind turbine
that is incidental and subordinate to another use on the same parcel
and that supplies electrical power solely for on-site use, except
that when a parcel on which a small-scale WECS is installed also receives
electrical power supplied by a utility company, excess electrical
power generated by the small-scale WECS and not presently needed for
on-site use may be used by the utility company in exchange for a reduction
in the cost of electrical power supplied by that company to the parcel
for on-site use, as long as no net revenue is produced by such excess
electrical power.
SWEPT AREA
The largest area of the WECS which extracts energy from the
wind stream. In a conventional propeller-type WECS, there is a direct
relationship between swept area and the rotor diameter.
TOWER
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine or other mechanical device is mounted.
TOWER HEIGHT
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
WIND ENERGY CONVERSION SYSTEM (WECS)
Any mechanism designed for the purpose of converting wind
energy into electrical energy. A WECS may include one or more wind
turbines, towers, associated control or conversion electronics, transformers,
and/or other maintenance or control facilities or other component
used in the system. A WECS may be either a utility-scale wind energy
conversion system or a small-scale wind energy conversion system.
WIND ENERGY FACILITY
Any wind energy conversion system or wind measurement tower,
including a related infrastructure, electrical lines and substations,
access roads and accessory structures.
WIND ENERGY SYSTEM
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation, generator, nacelle, rotor, tower, transformer,
turbine, vane, wire, substation, maintenance or control facilities
or other component used in the system.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
Land use tables referenced herein shall include utility-scale
wind energy conversion systems in the AG District requiring a special
use permit.
Height shall be in compliance with all fall-zone limitations set forth in Chapter
96, Telecommunications Facilities.
The Town Board, with recommendation from the Planning Board,
shall use the following criteria to evaluate all utility-scale wind
energy conversion systems:
A. Setbacks. All utility-scale WECS shall comply with the following
setbacks:
(1) All wind turbines and towers shall be set back from property lines
a minimum of 1.5 times the height of the structure, including to the
tip of the blade, excluding adjoining lot lines where both lots are
part of the proposed project.
(2) All wind turbines and towers shall be set back a minimum of 2,500
feet from the boundaries of any R1 and/or R2 Zoning District.
(3) All wind turbines and towers shall be set back a minimum of 1,000
feet or 2.25 times the tower height, whichever is greater, from any
residence that exists at the time that an application for a WECS is
made to the Town. For purposes of this subsection, a residence shall
be considered to be in existence if a building permit for such structure
has been issued by the Town's Building Inspector, even if construction
is not yet completed and the residence is not yet occupied.
(4) All wind turbines and towers shall be set back from all structures
and buildings, other than residences, that are in existence at the
time of the application, or for which a building permit has been issued,
a minimum of 1.5 times the height of the tower, including to the tip
of the blade. The Town Board, with recommendation from the Planning
Board, may, at its discretion, exempt minor structures such as walls,
fences, tool sheds and similar minor structures from this setback
requirement.
(5) All wind turbines and towers shall be set back from any public road
right-of-way a minimum of 1.5 times the height of the structure, including
to the tip of the blade.
B. Noise. A utility-scale WECS shall not be approved unless the applicant demonstrates that the proposed project complies with the following noise requirements. In order to enable the Town Board, with recommendation from the Planning Board, to make this determination, the applicant shall submit the noise assessment required in §
106-12C(8).
(1) Audible noise standards:
(a)
Audible noise due to wind turbine operations shall not exceed
45 dB(A) for more than five minutes out of any one-hour time period
or exceed 50 dB(A) for any time period at the boundary of the proposed
project site.
(b)
The sound level from the operation of a utility-scale WECS shall
not increase by more than 3 dB(A) the nighttime or daytime ambient
sound level at any sensitive noise receptors, i.e., residences, hospitals,
libraries, schools, places of worship and similar facilities, within
2,500 feet of the turbine and/or at other sensitive receptor points
that may be identified by the Town Board, with recommendation from
the Planning Board.
(2) Low-frequency noise. A utility-scale wind energy facility shall not
be operated so that impulsive sound below 20 Hz adversely affects
the habitability or use of any dwelling unit, hospital, school, library,
nursing home, or other sensitive noise receptor.
(3) Noise setbacks. The Town Board, with recommendation from the Planning
Board, may impose a noise setback that exceeds the other setbacks
set out in this section if it deems that such greater setbacks are
necessary to protect the public health, safety and welfare of the
community.
(4) Within one year of commencement of commercial operation, the project
proponent shall submit a noise study of operational conditions to
ensure that the project is in compliance with the standards of this
section. The study shall be based on receptor points identified during
the application review process. In addition to this noise study, the
Town Board, with recommendation from the Planning Board, may require
periodic additional noise studies.
C. Noise and setback easements. In the event that a utility-scale WECS
does not meet a setback requirement or exceeds the noise criteria
above, the Town Board, with recommendation from the Planning Board,
may grant a waiver of the setback and/or noise criteria. except for
the setback required in the following circumstances:
(1) Each application shall be accompanied by proof of service of notice
of the requested permit upon all the landowners immediately adjacent
to the subject premises extending 500 feet therefrom in all directions,
stating that the noise and/or setback limitations contained in the
Zoning Code may exceed the maximum limits otherwise allowed.
(2) In order to advise all subsequent owners of the burdened property,
the consent, in the form required for an easement, shall have been
recorded in the Erie County Clerk's office describing the benefited
and burdened properties. Such easements shall be permanent and shall
state that they may not be revoked without the consent of the Town
Board, with recommendation from the Planning Board, which consent
shall be granted upon either the completion of the decommissioning
of the benefited WECS in accordance with this article or the acquisition
of the burdened parcel by the owner of the benefited parcel or the
WECS.
D. Interference with television, microwave and radio reception. The
applicant must submit information that the proposed construction of
the utility-scale WECS will not cause interference with microwave
transmissions, cellular transmissions, residential television interference
or radio reception of domestic or foreign signals. The applicant shall
include specific measures proposed to prevent interference, a complaint
procedure, and specific measures proposed to mitigate interference
impacts.
E. Interference with aviation navigational systems.
(1) The applicant shall provide documentation that the proposed WECS
will not cause interference with the operation of any aviation facility.
(2) The applicant shall provide documentation that the proposed WECS
complies with all Federal Aviation Administration (FAA) regulations.
(3) Locking mechanisms to limit radar interference required. All utility-scale
WECS shall include a locking mechanism which prevents the blades from
rotating when not producing power, in order to limit airport radar
interference. This provision does not apply while the WECS is "free-wheeling"
during start-up and shut-down. The Town Board with recommendation
from the Planning Board may modify or eliminate the requirement for
a locking mechanism if sufficient evidence is presented that no significant
airport radar interference will be caused by the utility-scale WECS.
F. Safety and security requirements.
(1) Safety shutdown. Each wind turbine shall be equipped with both manual
and automatic controls to limit the rotational speed of the blade
within the design limits of the rotor. A manual electrical and/or
overspeed shutdown disconnect switches shall be provided and clearly
labeled on the wind turbine structure. No wind turbine shall be permitted
that lacks an automatic braking, governing, or feathering system to
prevent uncontrolled rotation, overspeeding and excessive pressure
on the tower structure, rotor blades, and turbine components.
(2) Grounding. All structures shall be grounded according to applicable
electrical codes.
(3) Wiring. All wiring between the wind turbines and the wind energy
facility substation shall be placed underground unless the Town Board,
with recommendation from the Planning Board, determines that this
is not prudent or practicable due to site-specific constraints. The
applicant is required to provide a site plan showing the locations
of all overhead and underground electric utility lines, including
substations for the project.
(4) Ground clearance. The blade tip of any wind turbine shall, at its
lowest point, have ground clearance of not less than 30 feet.
(5) Climbability. Wind turbine towers shall not be climbable up to 25
feet above ground level.
(6) Access doors locked. All access doors to wind turbine towers and
electrical equipment shall be lockable and shall remain locked at
all times when operator personnel are not present.
(7) Signage. Appropriate warning signage shall be placed on wind turbine
towers, electrical equipment, and wind energy facility entrances.
Signage shall also include two twenty-four-hour emergency contact
numbers to the owner of the wind turbine in accordance with local,
state, and federal codes.
G. Ice throw. The Town Board, with recommendation from the Planning
Board, shall determine the acceptable ice throw range based on the
activities in the area, location and calculations of the ice throw.
H. Fire hazard protection. The applicant shall submit a fire control
and prevention program that is appropriate and adequate for the proposed
facility. The proposed program may include, but is not limited to,
the following:
(1) Fireproof or fire resistant building materials.
(2) Buffers or fire retardant landscaping.
(4) An automatic fire-extinguishing system for all buildings or equipment
enclosures of substantial size containing control panels, switching
equipment, or transmission equipment, without regular human occupancy.
(5) Provision of training and firefighting equipment for local fire protection
personnel and or other emergency responders.
I. Impact on wildlife species and habitat. Development and operation
of a utility-scale wind energy facility shall not have a significant
adverse impact on endangered or threatened fish, wildlife, or plant
species or their critical habitats, or other significant habitats
as identified in the Town of Colden Master Plan and/or the studies
and plans of other regional agencies, based on criteria established
by the federal or state regulatory agencies, as determined by the
Town Board, with recommendation from the Planning Board, during SEQRA
review. The impact of a utility-scale WECS on migratory birds and
bats shall be evaluated and mitigated based on SEQRA findings.
J. Visual impact.
(1) No advertising sign or logo shall be placed or painted on any part
of any utility-scale WECS.
(2) Wind turbines shall be painted a nonobtrusive (e.g., such as white,
gray or beige) color that is nonreflective. In order to reduce any
daytime lighting requirements by the FAA, the Town Board, with recommendation
from the Planning Board, may require consultation with the FAA to
determine an appropriate color for the structures.
(3) Where more than one wind turbine is proposed, the project shall use
wind turbines whose appearance is similar throughout the project,
to provide reasonable uniformity in terms of overall size, geometry
and rotational speed.
(4) Unless required by the FAA or by the Town Board, with recommendation
from the Planning Board, no lighting shall be installed on the WECS
turbine or tower, except for ground-level security lighting.
K. Shadow flicker. The WECS shall be designed such that the project
shall minimize shadow flicker onto adjacent existing residences. Mitigation
measures, which may include landscaping, shall be incorporated into
any special use permit approval. The required shadow flicker study
shall identify areas where shadow flicker may interfere with residences
and describe measures that shall be taken to eliminate or minimize
the problem.
The applicant shall provide the following certifications:
A. Certification of structural components. The foundation, tower, and
compatibility of the tower with the rotor and rotor-related equipment
shall be certified in writing by a structural engineer registered
in New York. The engineer shall certify compliance with good engineering
practices and compliance with the appropriate provisions of the Building
Code that have been adopted in New York State. This shall be provided
prior to the issuance of the special use permit.
B. Certification of post-construction. After completion of construction
of the WECS, the applicant shall provide a post-construction certification
from a licensed professional engineer registered in New York State
that the project complies with applicable codes and industry practices
and has been completed according to the design plans. This certification
shall be provided to the Building Inspector and Town Engineer and
shall be maintained in a permanent file.
C. Certification of electrical system. The electrical system shall be
certified in writing by an electrical engineer registered in New York.
The engineer shall certify compliance with good engineering practices
and with the appropriate provisions of the Electric Code that have
been adopted by New York State. This shall be provided prior to the
issuance of the special use permit.
D. Certification of rotor overspeed control. The rotor overspeed control
system shall be certified in writing by a mechanical engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices. This shall be provided prior to the issuance
of the special use permit.
E. Certification of seismic design the applicant shall provide post-construction
certification from a licensed professional engineer registered in
New York State that the design and construction protects against anticipated
seismic hazards.
Unless waived by the Town Board, with recommendation from the
Planning Board, wind turbines or towers over 150 feet in height shall
be inspected by a New-York-State-licensed professional engineer, who
has been approved by the Town, annually or at any other time, upon
a determination by the Town's Building Inspector and Town Engineer
that the wind turbine, tower or pole may have sustained structural
damage. A copy of the inspection report shall be submitted to the
Town's Building Inspector. Any fee or expense associated with this
inspection shall be borne entirely by the permit holder.
All fees shall be determined by the Town Board. Nothing in this
article shall be read as limiting the ability of the Town to enter
into host community agreements with any applicant to compensate the
Town for expenses or impacts on the community. The Town shall require
any applicant to enter into an escrow agreement to pay the engineering
and legal costs of any application review, including the review required
by SEQRA.
Any changes or alterations to the WECS after approval of the
special use permit and site plan shall require amendment to the special
use permit. Such amendment shall be subject to all the requirements
of this article.
The Town of Colden reserves the right by local law to provide
that no exemption pursuant to the provisions of New York State Real
Property Tax Law (RPTL) § 487 shall be applicable within
its jurisdiction.