[HISTORY: Adopted by the Town Board of the Town of Poestenkill 8-19-2010 by L.L. No.
6-2010. Amendments noted where applicable.]
This chapter shall be cited and may be hereafter referred to
as the "Wind Energy Law of the Town of Poestenkill."
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 Poestenkill, Rensselaer
County, subject to reasonable conditions that will protect the public
health, safety and welfare.
The Town Board of the Town of Poestenkill enacts this chapter
under the authority granted by § 10 of the Municipal Home
Rule Law.
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 Poestenkill, Rensselaer County. Wind energy
facilities, small wind energy facilities and wind measurement towers
shall be allowed throughout all areas of the Town subject to the requirements
of this chapter.
A.
Permit requirement. No wind energy facility, small wind energy facility
or wind measurement tower shall be constructed, reconstructed, modified,
or operated in the Town of Poestenkill except by first obtaining,
as applicable, a wind energy facility permit, small wind energy facility
permit, or wind measurement tower permit, as provided under this chapter.
B.
Permitting authority. The Town of Poestenkill Planning Board shall
have sole discretion to review, consider and issue wind energy facility
permits, small wind energy facility permits, or wind measurement tower
permits in accordance with this chapter.
C.
Exemptions. In the event that the 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 or other Town designee may approve such in-kind replacement
or refer the applicant or permittee to the Planning Board to determine
whether a wind energy facility, small wind energy facility or wind
measurement tower 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 turbine, located on or associated with a wind energy facility,
small wind energy facility or wind measurement tower.
A permit issued pursuant to this chapter granting the holder
the right to construct, maintain and operate 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 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 off site which is suitable for habitation
on the date a wind energy facility, small wind energy facility or
wind measurement tower permit application is received by the Town
and deemed complete by the Planning Board in accordance with this
chapter, and for which a valid certificate of occupancy has been issued.
A residence may be part of a multifamily dwelling or multipurpose
building and shall include buildings such as hotels or motels, hospitals,
day-care centers, dormitories, sanitariums and nursing homes.
Any agreement, contract, easement, covenant or right in land
which burdens land for the benefit of an applicant or permittee, such
that the burdened land is similar in character to land on which any
wind energy facility is located. A setback agreement must expressly
release any right which the owner(s) of such burdened land may have
in the enforcement of this chapter and acknowledge the applicable
requirements of this chapter. All setback agreements shall run with
the land and be recorded to apprise any potential purchasers of such
land of the same at least for as long as any permit issued under this
chapter shall remain in effect. In the event a setback agreement lapses
prior to full decommissioning of the wind energy facility, small wind
energy facility or wind measurement tower, the previously burdened
land shall be considered off site, and the applicant, permittee or
owner of the same shall be required to bring the project into conformance
with the requirements of this chapter.
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. Any property
which has a wind energy facility, small wind energy facility or wind
measurement tower or has entered an agreement for said facility or
a setback agreement shall not be considered "off site."
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.
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
roads 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 complete application for a wind energy facility, small wind
energy facility or wind measurement tower permit shall include:
A.
A completed application for a permit on a form provided by the Town
Planning Board or the Town Code Enforcement Officer.
B.
A site plan prepared by a licensed professional engineer, including:
(1)
Property lines and physical dimensions of the site;
(2)
Location, approximate dimensions and types of existing structures
and uses on the site, public roads, and adjoining properties within
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;
(3)
Location of each proposed wind turbine, wind measurement tower and
accessory facilities or equipment;
(4)
Location of all aboveground 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.
(5)
Location of setback distances as required by this chapter;
(6)
All other proposed facilities, including, without limitation, access
roads, electrical substations, storage or maintenance units, and fencing;
(8)
Such other information as may be required by the Planning Board.
C.
The proposed make, model, picture and manufacturer's specifications
of the 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, shall be provided for each
proposed wind turbine. 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 applicant to
obtain appropriate supplier commitments, such information shall nevertheless
be provided to the Planning Board with an acknowledgement that the
type of wind turbine may be modified during application review.
D.
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 ground, or as may otherwise be required by the Federal
Aviation Administration or local, state or federal law or regulation.
E.
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.
F.
An operations and maintenance plan providing for regular periodic
maintenance schedules and any special maintenance requirements. Procedures
and notifications requirements for restarts during icing events should
be proposed and established by the Planning Board.
G.
List of property owners, with their mailing addresses, within 500
feet of the outer boundaries of the proposed sites.
H.
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 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/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 the wind-turbine-only sound at residences shall
not exceed the appropriate ambient noise level by four dBA with the
turbine operating or shut down. If the spectra of the wind-turbine-only
sound contain 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, 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. Exceedence of these noise standards shall be deemed a violation
of the permit.
(d)
Statement of projected noise measurements.
[1]
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:
[2]
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.
(6)
Risk
analysis. The applicant shall provide an analysis (narrative with
the substantiating backup data) addressing ice throw from wind turbines,
the throwing distance of ice fragments, ice fall from turbines and
the suitability of the tower for use with a wind generator, taking
into account the wind direction implications of the results. This
data should relate to climatic conditions in the Town of Poestenkill.[1]
(7)
A post-construction sound-monitoring plan shall be developed which,
at a minimum, requires annual certification by a qualified engineer
of the permittee or applicant to the Planning Board that the wind
energy facility remains in conformance with the requirements of this
chapter. If no complaints regarding noise are received in a three-year
period from operation, the applicant may request that the annual certification
be suspended.
Compliance with the State Environmental Quality Review Act ("SEQRA")
shall be required.
A.
Applicants shall submit the following materials to the Town of Poestenkill
Planning Board:
(1)
Small wind energy facilities and wind measurement towers. Applicants
shall be required to prepare and submit Part 1 of a full environmental
assessment form.
(2)
Wind energy facilities. Applicants shall be required to prepare and
submit a full environmental assessment form which, unless a lead agency
other than the Planning Board has already been established in accordance
with the requirements of the State Environmental Quality Review Act,
shall be distributed by the Planning 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:
(a)
A visual impact analysis, including:
[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 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
views of the project.
[3]
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 Planning Board.
[5]
Evaluations of the project's visual impact based on the
viewshed mapping and photographic simulations described above.
[6]
Recommended visual mitigation measures (in accordance with DEC
Policy DEP-00-2), if warranted, based on the results of the impact
evaluation described above.
(b)
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.
(c)
Archaeological and architectural impact analysis. The applicant
shall solicit input from the New York State Historic Preservation
Office.
(d)
Fiscal and economic impact analysis.
(e)
An assessment of potential electromagnetic interference with
microwave, radio, television, personal communications systems, 911
and other wireless communications.
(f)
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.
(g)
An assessment of potential flicker at off-site residences and
roadways.
A.
Applicants must arrange a preapplication meeting with the Code Enforcement
Officer and consultants retained by the Town for application review.
B.
Following the preapplication meeting, 10 copies of the application
shall be submitted to the Town Planning Board. Payment of all application
fees shall be made at the time of submission.
C.
The Planning Board shall hold at least one public hearing on the
application. Notice shall be published in the Town's official
newspaper no less than five days before any hearing but, where any
hearing is adjourned by the Planning Board to hear additional comments,
no further publication shall be required. The public hearing may be
combined with public hearings on any environmental impact statement
or requested waivers. 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.
D.
Notices of the project shall also be given in accordance with the
General Municipal Law.
E.
Following the holding of the public hearing and completion of the
SEQRA process, the Planning Board may approve, approve with conditions,
or deny the permit application, in accordance with the standards in
this chapter. All approvals and denials shall be in writing, setting
forth competent reasons for such approval or denial.
The following standards shall apply to 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 impacts
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 as shall be applied by the Planning Board on the
advice of the Town consultants.
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, televisions, 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:
B.
Small wind energy facility wind turbines and wind measurement towers
shall be set back from off-site property boundaries a distance at
least 1.5 times the structure height.
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 this
chapter. Compliance shall periodically be determined by the Town Code
Enforcement Officer or such other officer or employee whom the Town
Board may designate. This shall be the only project operation phase
noise requirement applicable to a project under this chapter, except
that the Planning Board may impose appropriate additional requirements
in accordance with this chapter.
E.
Wind energy facilities shall not exceed 500 feet in total height.
Small wind energy facility wind turbines and wind measurement towers
shall not exceed 200 feet in total height. Any small wind energy facility
turbine or wind measurement tower which exceeds 200 feet in total
height shall be reviewed by the Planning 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 Planning Board and in accordance with the State Environmental
Quality Review Act.
A.
All wind turbines shall have an automatic braking, governing or feathering
system to prevent uncontrolled rotation, overspeeding and excessive
pressure on the tower structure, rotor blades and turbine components.
B.
With the exception of electrical collection and distribution lines,
accessory facilities or equipment shall be gated, fenced or secured
appropriately to prevent unrestricted public access to the facilities.
C.
Warning signs shall be posted at the entrances to the wind energy
facility and at the base of each tower warning of electrical shock
or high voltage and containing emergency contact information.
D.
The minimum distance between the ground and any part of the rotor
or blade system shall be 30 feet for any wind turbine associated with
a wind energy facility and 20 feet for any wind turbine associated
with a small wind energy facility.
E.
Wind energy facilities shall be designed to prevent unauthorized
external access to electrical and mechanical components and shall
have access doors that are kept securely locked at all times.
F.
Prior to issuance of a building permit for 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 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 bond, letter of credit or other surety
acceptable to the appropriate agency and sufficient to compensate
the Town for any damage to public roads.
C.
The applicant shall provide predevelopment and post-development photographic
evidence of the condition of Town, county, and state roads to be traveled
upon by construction and delivery vehicles.
Issuance of wind energy facility, small wind energy facility
and wind measurement tower permits and certificates of conformity
shall be as follows:
A.
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 Planning Board is hereby expressly empowered to impose conditions
governing the issuance of the permit as well as construction and operational
phases of the project which it deems necessary and appropriate to
ensure compliance with this chapter, the State Environmental Quality
Review Act, 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 Planning Board or any other involved agency under the State Environmental
Quality Review Act, 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 Planning Board shall direct the Town Code Enforcement
Officer 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 imposed in connection
with any other project approval or agreement deemed necessary to the
issuance of the permit.
D.
The decision of the Planning Board shall be filed within five business
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 Planning Board shall
grant 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 Code Enforcement Officer or
other designee authorized by the Town Board shall determine whether
the project is in compliance with the permit. If the Town Code Enforcement
Officer 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 distribution of 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 its 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 toll the running of the aforesaid twelve-month
time period. The Town Board may grant an extension to this period
for one year or less.
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 operations. 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 any 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 and
charge all costs of removal to the property owner.
E.
The Planning Board or Town Board shall require the applicant to post
a bond or 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 bond or letter or credit shall be reviewed and approved
by the Planning 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 a 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. 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 toll any time periods set forth
in this chapter.
A.
Upon application for a wind energy facility permit, small wind energy facility permit or wind measurement tower permit, the applicant shall pay a permit fee as set forth in Chapter 128, Fees. 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 fees or host community payments required of the applicant.[1]
B.
In addition to any fees collected in accordance with Subsection A of this section, the Town Planning Board, 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 the 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 evaluations and consultation to 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 § 224-11 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
my 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 Code Enforcement Officer or other 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. All 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 grant approvals for the modifications.
(2)
Immaterial alterations shall only include a change in the 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 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 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 § 224-18. 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 acknowledgment, and the cost of any such analysis shall be paid in accordance with § 224-17 of this chapter.
A.
The Town Code Enforcement Officer shall enforce the provisions of
this chapter. Such 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.
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 not more that $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.
