A.
Purpose. It is the purpose of this article to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. This article authorizes the Town of Brutus to provide, by local law, for the installation of small wind energy systems, as specified, and to issue a permit for this purpose. This article authorizes the Town of Brutus to permit installation of these systems as specified. No other local ordinance, policy, or regulation shall be the basis for denying the siting and operation of a small wind energy system. This article also requires the Town to approve an application for a small wind energy system by right if the criteria below are met, and authorizes the Town to charge a fee for each wind mill energy installation, such fee to be posted on the approved Permit Fee Schedule[1] of the Town of Brutus.
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
B.
Findings. The Town of Brutus finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of nonrenewable energy resources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce overall power demands, and help diversify New York State's energy portfolio. Small wind energy systems also make the electricity supply market more competitive by promoting customer choice.
C. FAA SMALL WIND ENERGY SYSTEM TOWER HEIGHT TURBINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Federal Aviation Administration
A wind energy system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 250kW and which is intended primarily to reduce on-site consumption of utility power.
The height above grade of the fixed portion of the tower, excluding the wind turbine and blades.
The parts of a wind system including the blades, generator, and tail.
D.
Permitted use.
(1)
Written notice of an application for installation of a small wind energy system shall be provided to all property owners of record within 200 feet of the property boundary lines on which the proposed system is to be located. Notice and proof of service of said notice shall be in the form as provided by the Town of Brutus and shall become part of the building permit application that must be submitted for each small wind energy system proposed.
(2)
Small wind energy systems with tower heights of not more than 120 feet shall be allowed on parcels between one and five acres, in all zoning districts. For property sizes of five acres or more, in all zoning districts, there is no limitation of tower heights, except as imposed by FAA regulations, provided that the permit application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. Any limits on structure heights set forth elsewhere in the Town of Brutus Zoning Law are superseded by this section as they apply to small wind energy systems.
(3)
Setbacks and fall zones for the system tower shall be no closer in any direction to any adjoining properties than need be to assure that, in the event of a structural failure of any kind, no part of the system shall fall onto an adjoining property. In most cases this distance will be equal to the height of the tower. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.
(4)
Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for the determination that the manner of installation conforms to the National Electric Code.
(5)
Decibel levels of the system shall not exceed 60 decibels measured at the closest neighboring inhabited dwelling, except during short term events such as utility outages and severe wind storms.
(6)
The application shall include standard drawings and engineering analysis of the system's tower and certification by a professional mechanical, structural, or civil engineer. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the most stringent wind requirements.
(7)
The system shall comply with all applicable FAA requirements, including Part 77 of Title 14 of the Code of the Federal Aviation Regulations, regarding installations close to airports.
(8)
No building permit for the installation of any grid-connected customer-owned generator as part of a wind energy system shall be issued until evidence has been provided that the utility company has been informed of the customer's intent. Off-grid systems shall be exempt from this requirement. All building applications for small wind energy systems shall be accompanied by payment of any and all fees set forth in the duly approved Permit Fee Schedule[2] of the Town of Brutus.
[2]
Editor's Note: Said fee schedule is on file in the Town offices.
E.
Variances. If the proposed small wind energy system fails to meet the above requirements, it is eligible to apply for a variance and, upon satisfactorily meeting the criteria generally applicable to zoning variances, it may be issued a variance and in turn issued a permit.
F.
Pre-existing small wind energy systems. Any small wind energy systems that are in existence in the Town of Brutus prior to the effective date of this Article are deemed to be preexisting uses and may continue in accordance with regulations of the Town of Brutus Zoning Law applicable to preexisting uses.