[HISTORY: Adopted by the Town Board of the Town of Colden
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 108.
[Adopted 3-12-2009 by L.L. No. 1-2009]
A.
The Town of Colden finds and declares that wind energy is an abundant,
renewable and nonpolluting resource of the Town and that its conversion
to electricity will reduce our dependence on nonrenewable energy sources
and decrease the air and water pollution that results from the use
of conventional energy sources.
B.
The Town of Colden further declares that the primary purpose of a
proposed windmill will be to provide power for the principal and private
use of the property whereon said windmill is to be located and shall
not be for the generation of power for commercial purposes, although
this provision shall not be interpreted to prohibit the sale of excess
power generated from time to time from a windmill designed to meet
the energy needs of private use.
A.
A site plan must be submitted containing and describing the following:
B.
The minimal lot size required for erection, construction or placement
of a windmill on a property shall be five acres.
C.
A minimum distance of 200 feet from boundaries or habitable buildings
is required.
D.
The wind energy conversion system must be equipped with both manual
and automatic controls to limit the rotational speed of the blade
to below the design limits of the rotor. The application must contain
a statement certifying that the rotor and overspeed controls have
been designed and fabricated for the proposed use in accordance with
good engineering practices. This certification would normally be supplied
by the manufacturer.
A.
Prior to the issuance of a building permit, the wind energy conversion
system manufacturer shall provide sufficient data and documentation
to establish that the wind energy conversion system will not produce
noise levels in excess of those stipulated in the following table:
|
Ambient Readings Without Windmill
(decibels)
|
Maximum Permitted Reading With Windmill Operating
(decibels)
|
|---|---|
|
45
|
55.4
|
|
50
|
56.2
|
|
55
|
61.0
|
|
60
|
61.2
|
|
65
|
65.4
|
B.
Decibel level readings shall be measured at the closest property
line to the wind energy conversion system.
A.
After the wind energy conversion system has been approved and installed,
sound measurements shall be performed to determine ambient and operating
decibel levels. The sound level shall be measured on a sound level
meter using the A-weighting network, with measurements being done
by a professional normally engaged in this type of work. Such reports
shall be filed with the Town Clerk by June 1 of each biennial year
after construction.
B.
If a wind energy conversion system is not maintained in an operational
condition for a period of one year and poses a potential safety hazard
as determined by the Town of Colden Code Enforcement Officer, the
owner shall take expeditious action to remedy the situation. The Town
of Colden reserves the authority to abate any hazardous situation
and to pass the cost of such abatement on to the owner of the system.
If the Town of Colden determines that the wind energy conversion system
has been abandoned and poses a safety hazard, the system shall be
removed within 45 days of written notice to the owner of the system.
A.
Electromagnetic interference.
(1)
The wind energy conversion system shall be operated such that no
disruptive electromagnetic interference is caused. If it has been
demonstrated to a Town Building and Zoning Inspector, or designated
agent of the Town, that a wind energy conversion system is causing
harmful interference, the operator shall promptly mitigate the harmful
interference.
(2)
Upon complaint of an abutter citing electromagnetic interference,
an investigation shall be performed by an agent designated by the
Town. The agent shall submit his findings to the Town Board for review
and evaluation. After the review and evaluation of the report, the
Town Board shall determine if the installation causes electromagnetic
interference to any abutter. The cost for the report shall be paid
for by the complainant unless the Town Board determines that there
is electromagnetic interference with an abutter, in which case the
wind energy conversion system owner shall pay the cost.
(3)
If electromagnetic interference is caused by the installation of the wind energy conversion system, the installation shall be deemed a public nuisance in violation of this Subsection A. The violation shall be corrected within 90 days of the date of notification. If the electromagnetic interference cannot be remedied, the wind energy conversion system shall be removed or relocated.
B.
Upon complaint of an abutter, ambient and maximum permitted decibel
measurements shall be performed by an agent designated by the Town.
The agent shall submit recorded sound measurements to the Town Board
for review and evaluation. The cost shall be paid for by the complainant
unless maximum permitted decibel readings have been exceeded, in which
case the wind energy conversion system owner shall pay the cost.
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:
[Adopted 5-13-2010 by L.L. No. 2-2010]
A.
The purpose of these regulations for utility-scale wind energy conversion
systems (WECS) is to ensure that development of these facilities will
have a minimal impact on adjacent properties and to protect the health,
safety and welfare of residents of the Town.
B.
The Town of Colden recognizes that wind energy is an abundant, renewable
and nonpolluting energy resource of the Town and that its conversion
to electricity will reduce dependence on nonrenewable energy resources
and decrease air and water pollution that results from the use of
conventional energy sources.
As used in this article, the following terms shall have the
meanings indicated:
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.
The physical location of a WECS, including the related tower
and transmission equipment.
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.
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.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine or other mechanical device is mounted.
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
A wind energy conversion system that is intended solely to
generate electrical power for sale to the power grid.
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.
Any wind energy conversion system or wind measurement tower,
including a related infrastructure, electrical lines and substations,
access roads and accessory structures.
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.
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.
A.
Prior to construction of any utility-scale WECS, the project proponent
shall first obtain special use permit and site plan approval from
the Town of Colden Town Board and a building permit from the Town
Building Inspector. A detailed host agreement must also be submitted.
B.
Initial application materials. All applications for a utility-scale
WECS shall include the following information:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the property or has the
written permission of the owner to make such an application.
(3)
A site plan drawn in sufficient detail to show the following:
(a)
Location of the tower(s) on the site and the tower height, including
blades, rotor diameter and ground clearance.
(b)
Utility lines, both above and below ground, within a radius
equal to the proposed tower height, including the blades. Utility
lines currently in place must be shown in the site plan.
(c)
Property lot lines and the location and dimensions of all existing
structures and uses on site within 1,000 feet of the wind energy conversion
systems.
(d)
Surrounding land use and all off-site structures within 1,000
feet or 2.25 times the tower height, whichever is greater, of the
wind energy conversion systems.
(e)
Description of the various structural components of the tower
construction, including the base and footing.
(f)
Existing topography.
(g)
Proposed plan for grading and removal of natural vegetation.
(4)
A utility-scale WECS shall be treated as a Type I action under the
State Environmental Quality Review Act and shall require the use of
a full environmental assessment form.
(5)
Notification of application for WECS to neighbors residing within
2,500 feet of proposed location. Such notification must be made by
certified mail or hand-delivered with the signature of the resident.
(6)
Such additional information as may be reasonably required by the
Town Engineer, Town Board and Planning Board for an adequate assessment
of the proposed project.
C.
Studies and information required prior to decision on the application.
After a review of the environmental assessment form and the proposed
project, the Town Board, with recommendation from the Planning Board,
shall provide direction to the applicant on the methodology and parameters
of the studies to be provided, below:
(1)
Proposed plan for site restoration after construction, prepared according
to New York State Department of Agriculture and Markets and New York
State Department of Environmental Conservation guidelines.
(2)
Plan for ingress and egress to the proposed project site, including:
(a)
A description of the access route from the nearest state-, county-,
and/or Town-maintained roads.
(b)
Road surface material, stating the type and amount of surface
cover.
(c)
Width of a minimum of 30 feet and length of access route.
(d)
Dust control procedures during construction and transportation.
(e)
A road maintenance schedule or program.
(3)
Detailed construction plan including but not limited to construction
schedule; hours of operation; designation of heavy haul routes; a
list of material equipment, and loads to be transported; identification
of temporary facilities intended to be constructed; and contact representative
in the field with name and phone number.
(4)
Erosion and sediment control plan (a stormwater pollution prevention
plan [SWPPP] will meet this requirement).
(5)
Specific information on the type, size, height, rotor materia, rated
power output, performance, safety, and noise characteristics of each
utility-scale wind turbine model, tower, and electrical transmission
equipment.
(6)
Photographs and detailed drawings of each wind turbine model, including
the tower and foundation.
(7)
Visual assessment, including a detailed or photographic simulation
showing the site fully developed with all proposed wind turbines and
accessory structures. The Town Board, with recommendation from the
Planning Board, shall determine which viewpoints the visual assessment
shall include.
(8)
Noise analysis. A noise analysis shall be furnished, which shall
include the following:
(a)
A description and map of the project's noise-producing features,
including the range of noise levels expected, and the tonal and frequency
characteristics expected. The noise report shall include low frequency,
infrasound, pure tone, and repetitive/impulsive sound.
(b)
A description and map of the noise-sensitive environment, including
any sensitive noise receptors, i.e., residences, hospitals, libraries,
schools, places of worship and similar facilities, within 1,000 feet
or 2.25 times the height of the proposed facilities.
(c)
A survey and report prepared by a qualified professional that
analyzes the preexisting ambient sound level (including seasonal variation),
including but not limited to separate measurements of low frequency
and A-weighted noise levels across a range of wind speeds (including
near cut-in), turbulence measurements, distance from the turbines,
location of sensitive receptors relative to wind direction, and analyses
at affected sensitive noise receptors located within 1,500 feet of
the turbine, as identified by the Town Board, with recommendation
from the Planning Board.
(d)
A description and map showing the potential noise impacts, including
estimates of expected noise impacts from both construction and operation
and estimates of expected noise levels at sensitive receptor locations.
(e)
A description of the project's proposed noise-control features,
including specific measures proposed to protect workers and specific
measures proposed to mitigate noise impacts for sensitive receptors
consistent with the requirements of this article.
(f)
Manufacturers' noise design and field testing data, both audible
[dB(A)] and low frequency (deep bass vibration), for all proposed
structures.
(9)
A geotechnical report shall be furnished which shall at a minimum
include the following:
(a)
Soils and geologic characteristics of the site, based on on-site
sampling and testing, to provide an assessment of the soil suitability
for construction of the proposed WECS.
(b)
Foundation design criteria for all proposed structures.
(c)
Slope stability analysis.
(d)
Grading criteria for ground preparation, cuts and fills, and
soil compaction.
(10)
An engineer's report, prepared by a professional engineer licensed
in New York State, which provides information regarding the following
potential risks. The results of the engineer's report shall be used
to determine the adequacy of setbacks from the property line to mitigate
any effects from potential ice throw, tower failure, or blade throw.
(a)
Ice throw calculations: A report that calculates the maximum
distance that ice from the turbine blades could be thrown and the
potential risk assessment for inhabitants and structures. (The basis
of the calculation and all assumptions must be disclosed.)
(b)
Blade throw calculations: A report that calculates the maximum
distance that pieces of the turbine blades could be thrown and the
potential risk assessment for inhabitants and structures. (The basis
of the calculation and all assumptions must be disclosed.)
(c)
Catastrophic tower failure: A report from the turbine manufacturer
stating the wind speed and conditions that the turbine is designed
to withstand and the potential risk assessment for inhabitants and
structures (including all assumptions).
(d)
Certification by a registered New York State professional engineer
that the tower's design is sufficient to withstand wind loading requirements
for structures as established by the New York State Building Code.
(11)
Lighting plan. The applicant shall submit a lighting plan that
describes all lighting that will be required, including any lighting
that may be required by the FAA. Such plan shall include, but is not
limited to, the planned number and location of lights, light color,
whether any such lights will be flashing, and mitigation measures
planned to control the light so that it does not spill over onto neighboring,
properties.
(12)
Shadow flicker study. The applicant shall conduct a study on
potential shadow flicker. The study shall identify locations where
shadow flicker may be caused by the WECS and the expected durations
of the flicker at these locations. The study shall identify areas
where shadow flicker may interfere with residences and describe measures
that shall be taken to eliminate or mitigate the problem.
(13)
Study of potential impacts to birds and bats, using methodology
approved by the New York State Department of Conservation or another
agency acceptable to the Town Board, with recommendation from the
Planning Board.
(14)
Decommissioning and site restoration plan and decommissioning
bond plan.
(15)
FAA notification: A copy of written notification to the Federal
Aviation Administration.
(16)
Utility notification: Utility interconnection data and a copy
of a written notification to the utility of the proposed interconnection.
(17)
Notification to microwave communications link operators. An
application that includes any wind turbine which is located within
two miles of any microwave communications link shall be accompanied
by a copy of a written notification to the operator of the link.
(18)
Other information: Such additional information as may be reasonably
required by the Town Engineer, Town Board and Planning Board for an
adequate assessment of the proposed project.
(19)
The Town Board, with recommendation from the Planning Board,
may determine that not all of these application materials are necessary
for a particular proposed project.
D.
State Environmental Quality Review (SEQR). Pursuant to Section 617.13
of New York State Environmental Quality Review Regulations, the Town
may hire consultants to assist the Planning Board in its review of
the potential impacts of a proposed project and the assessment of
impacts provided by the applicant. The Town will charge the applicant
for the cost of such consultant to the extent allowed in Section 617.13.
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.
(3)
Availability of water.
(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.
A.
The applicant shall submit a decommissioning and site restoration
plan, including cost estimate, to the Town Board with recommendation
from the Planning Board for its review and approval, prior to the
approval of any special use permit. The restoration plan shall identify
the specific properties it applies to and shall indicate removal of
all buildings, structures, wind turbines, access roads and/or driveways
and foundations to 3.5 feet below finish grade; road repair costs,
if any; and all regrading and revegetation necessary to return the
subject property to the condition existing prior to establishment
of the utility-scale WECS. The restoration shall reflect the site-specific
character, including topography, vegetation, drainage, and any unique
environmental features. The plan shall include a certified estimate
of the total cost (by element) of implementing the removal and site
restoration plan. The decommissioning plan shall include information
regarding the anticipated life of the project. Any variation from
the submitted decommissioning plan must be approved by the Town Board,
with recommendation from the Planning Board.
B.
As a condition of special use permit approval, the Town Board, with
recommendation from the Planning Board, shall require the project
sponsor to execute and file with the Town Clerk a bond or other form
of security acceptable to the Town Board and Town Attorney as to the
form, content and manner of execution, in an amount sufficient to
ensure the faithful performance of the removal of the tower, wind
turbine, and other components of the WECS and the restoration of the
site subsequent to such removal, in accordance with the approved decommissioning
and site restoration plan.
C.
The sufficiency of such bond shall be confirmed at least every five
years by an analysis and report of the cost of removal and site restoration,
such report to be prepared by a New-York-State-licensed engineer.
The project sponsor/operator shall pay the cost of such report. If
said analysis and report determines that the amount of the bond in
force is insufficient to cover the removal, disposal and site restoration
costs, the bond shall be increased to the amount necessary to cover
such costs within 10 days of the applicant's receipt of such report.
The report and increased amount of the bond shall be filed with the
Town Clerk.
D.
All bond requirements shall be fully funded before a building permit
is issued.
E.
The decommissioning and site restoration bond shall be in effect
for the entire duration of the special use permit.
F.
The applicant and his/her successors or assigns in interest shall
maintain the required bond funds for the duration of the special use
permit.
A.
Construction of a WECS poses potential risks because of the large
size of construction and transport (delivery) vehicles and their impact
on traffic safety and their physical impact on local roads. Construction
and delivery vehicles shall use traffic routes established as part
of the application review process. Factors in establishing such corridors
shall include minimizing traffic impacts from construction and delivery
vehicles; minimizing WECS-related traffic during times of school bus
activity; minimizing wear and tear on local roads; and minimizing
impacts on local business operations. Permit conditions may limit
WECS-related traffic to specified routes and include a plan for disseminating
traffic route information to the public.
B.
The applicant is responsible for remediation of damage to public
roads caused by WECS-related traffic, after completion of the installation
of the WECS. To ensure that this remediation occurs, prior to the
issuance of a building permit, the project sponsor shall post a public
improvement bond in an amount, as determined by the Town Board, Highway
Superintendent and Town Engineer, sufficient to repair any damage
that occurs to Town roads during the construction phase of the project
and up to six months following the construction phase. The Town Attorney
shall approve the form of the bond.
C.
In the event that any post-construction maintenance or replacement
of components, which could affect Town roads, is necessary, the project
owner/operator shall notify the Town and a new bond for any potential
damage to Town roads shall be posted.
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.
A.
Prior to the issuance of a building permit, the project sponsor shall
provide proof, in the form of a duplicate insurance policy or a certificate
issued by an insurance company, that liability insurance has been
obtained to cover damage or injury which might result from failure
of the tower, turbine or other component of the WECS. Such policy
shall provide coverage of not less than $5,000,000 and shall name
the Town of Colden as co-insured. The sponsor shall provide the Town
annually with proof of continuing coverage in compliance with this
requirement.
B.
Liability insurance shall be carried for the life of the project,
through decommissioning. Proof of liability insurance shall be filed
annually with the Town Clerk. Such policy shall provide coverage of
not less than $5,000,000 and shall name the Town of Colden as co-insured.
The sponsor shall provide the Town annually with proof of continuing
coverage in compliance with this requirement.
A.
If the ownership of the WECS facility changes, the new owner shall
present proof to the Town Clerk that all the required bonds and insurance
policies remain in full force and effect. The new owner shall provide
a written statement that he/she is aware of the conditions and requirements
of the special use permit, which continue to govern the operation
of the facility.
B.
In order to ensure compliance with this provision, the person/company
to whom the special use permit is originally issued, and subsequent
owners, shall provide notification to the Town Clerk 90 days prior
to the change of ownership.
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.
A.
A WECS shall be maintained in operational condition at all times,
subject to reasonable maintenance and repair outages. Operational
condition includes meeting all noise requirements, all other standards
and requirements of this article and other permit conditions.
B.
Should a WECS become inoperative, or should any part of the WECS
be damaged or become unsafe or should a WECS violate a permit condition,
or violate a standard or requirement of this article, the owner/operator
shall remedy the situation within 90 days after written notice from
the Code Enforcement Officer. The Code Enforcement Officer or Town
Board may extend this period by another ninety-day period, for a total
period not to exceed 180 days.
C.
Upon notice from the Code Enforcement Officer or Town Board that the WECS is not repaired or made operational or brought into permit compliance after said notice pursuant to § 106-20B above, the Town Board shall hold a public hearing at which both the public and the owner/operator are given the opportunity to be heard and present evidence, including a plan to come into compliance. Following the close of the public hearing, the Town Board may either:
A.
Nonfunctional and/or inoperative WECS.
(1)
If any utility-scale WECS remains nonfunctional or inoperative for
a continuous period of one year, the permittee shall remove the WECS
at his/her own expense and restore the site, in accordance with the
approved decommissioning and site restoration plan. A utility-scale
WECS shall be deemed nonfunctional and/or inoperative if it has not
generated power within the preceding twelve months.
(2)
The Code Enforcement Officer requires that the applicant submit documentation
quarterly reporting the power output generated by each WECS.
B.
Use of decommissioning bond.
(1)
Any nonfunctional or inoperative WECS, or any WECS for which the
special use permit has been revoked, shall be removed from the site
and the site restored in accordance with the approved decommissioning
and site restoration plan within 90 days of the date on which the
facility becomes nonfunctional or inoperative, as defined above, or
of the revocation of the special use permit.
(2)
If removal of the WECS is required and the applicant, permittee or
successor fails to remove the WECS and restore the site in accordance
with the approved decommissioning and site restoration plan, the Town
Board may contract for such removal and restoration and pay for the
removal and restoration from the posted decommissioning and site restoration
bond.
(3)
If the bond is not sufficient, the Town shall charge the permit holder
for the costs over and above the amount of the bond.
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.
A.
The Planning Board may recommend to the Town Board to grant the special
use permit, deny the special use permit, or grant the special use
permit with written stated conditions. Denial of the special use permit
shall be by written decision based upon substantial evidence submitted
to the Board. Upon issuance of the special use permit, the applicant
shall obtain a building permit for each tower.
B.
Prior to issuing a special use permit for a utility-scale WECS, the
Planning Board shall make all of the following findings:
(1)
The proposed utility-scale WECS project is consistent with the Town
of Colden Code.
(2)
The proposed utility-scale WECS project will not unreasonably interfere
with the orderly land use and development plans of the Town of Colden.
(3)
The benefits to the applicant and the public of the proposed utility-scale
WECS project will exceed any burdens to the Town and residents therein.
(4)
The proposed utility-scale WECS project will not be detrimental to
the public health, safety or welfare of the community.
(5)
The proposed utility-scale WECS project complies with all required
provision of the Town's Zoning Ordinance, or will comply with those
requirements based on conditions that may be attached to any approval,
unless variances have been properly granted by the Town of Colden
Zoning Board of Appeals.
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.
