This chapter shall be known as a "Local Law Regulating Small
Wind Energy Conversion Systems in the Town of Schroeppel."
The purpose of this chapter is to provide standards for small
wind energy conversion systems designed for on-site home, farm and
small commercial use, and that are primarily used to reduce on-site
consumption of utility power. The intent of this chapter is to encourage
the development of small wind energy systems and to protect the public
health, safety, and community welfare.
Small wind energy systems (hereinafter "SWECS") are permitted
in all zoning districts in the Town of Schroeppel. SWECS shall be
located on a site (or combined site) that is a minimum of one acre
in size upon issuance of a special use permit.
Applications for special use permits for SWECS shall include:
A. Name, address, telephone number of the applicant. If the applicant
will be represented by an agent, the name, address and telephone number
of the agent as well as an original signature of the applicant authorizing
the agent to represent the applicant.
B. Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter
or other written permission signed by the property owner confirming
that the property owner is familiar with the proposed applications
and authorizing the submission of the application.
C. Address of each proposed site, including Tax Map section, block and
number.
D. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the SWECS.
E. A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation
conforms to the New York State Building Code.
F. Sufficient information demonstrating that the system will be used
primarily to reduce on-site consumption of electricity.
G. Written evidence that the electric utility service provider that
serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and so states in the application,
to connect the system to the electricity grid.
H. A visual analysis of the SWECS as installed, which may include a
computerized photographic simulation demonstrating the visual impacts
from nearby strategic vantage points. The visual analysis shall also
indicate the color treatment of the system's components and any
visual screening incorporated into the project that is intended to
lessen the system's visual prominence.
I. A map showing all existing lot lines, easements and rights-of-way,
and a sketch plan showing proposed road access, including provisions
for paving, if any, proposed transmission lines and accessory facility,
and location of all existing and proposed utility systems to the facility.
All SWECS shall comply with the following standards. Additionally,
such systems shall also comply with all the requirements established
by other sections of this chapter that are not in conflict with the
requirements contained in this section.
A. A SWECS shall be located on a lot a minimum of one acre in size,
however, this requirement can be met by multiple lot owners submitting
a joint application.
B. Only one SWECS per lot shall be allowed, except in the case of multiple
applicants, in which their joint lots shall be treated as one lot
for purposes of this chapter.
C. SWECS shall be used primarily to reduce the on-site consumption of
electricity.
D. The height of a SWECS shall include the height of the tower and the
furthest vertical extension of the blades. Tower heights shall be
no more than:
(1) Sixty-five feet or less on parcels between one and three acres in
size.
(2) Eighty feet or less on parcels of more than three acres and less
than five acres in size.
(3) Over 80 feet on parcels of five acres or more in size.
(4) The allowed height shall be reduced if necessary to comply with all
applicable Federal Aviation requirements.
E. The maximum turbine power output is limited to 10 KW.
F. The SWECS's tower and blades shall be painted a nonreflective, unobtrusive
color that blends the system and its components into the surrounding
landscape to the greatest extent possible and incorporate nonreflective
surfaces to minimize any visual description.
G. The system shall be designed and located in such a manner to minimize
adverse visual impacts from public viewing areas (e.g., public parks,
roads, trails). To the greatest extent feasible a SWECS:
(1) Shall not project above the top of ridgelines.
(2) If visible from public viewing areas, to the greatest extent feasible,
a SWECS shall use natural landforms and existing vegetation for screening.
(3) Shall be screened to the maximum extent feasible by natural vegetation
or other means to minimize potentially significant adverse visual
impacts on neighboring residential areas.
H. Exterior lighting on any structure associated with the system shall
not be allowed except that which is specifically required by the Federal
Aviation Administration.
I. All on-site electrical wires associated with the system shall be
installed underground except for tie-ins to a public utility company
and public utility company transmission poles, towers and lines. This
standard may be modified by the decisionmaker if the project terrain
is determined to be unsuitable due to reasons of excessive grading,
biological impacts, or similar factors.
J. The SWECS shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the SWECS.
K. At least one sign shall be posted on the tower at a height of five
feet warning of electrical shock or high voltage and harm from revolving
machinery. No brand names, logo or advertising shall be placed or
painted on the tower, rotor, generator or tail vane where it would
be visible from the ground, except that a system or tower manufacturer's
logo may be displayed on system generator housing in an unobtrusive
manner.
L. Tower of a SWECS shall be constructed to provide one of the following
means of access control or other appropriate method of access:
(1) Tower-climbing apparatus located no closer than 12 feet from the
ground.
(2) A locked anticlimb device installed on the tower.
(3) A locked, protective fence at least six feet in height that encloses
the tower.
M. Anchor points for any guy wires for a SWECS tower shall be located
within the property that the SWECS is located on and not on or across
any aboveground electric transmission or distribution lines. The point
of attachment for the guy wires shall be sheathed in bright orange
or yellow covering from three feet to eight feet above the ground.
N. Construction of on-site access roadways shall be minimized. Temporary
access roads utilized for initial installation shall be regraded and
revegetated to the preexisting natural condition after completion
of installation.
O. To prevent harmful wind turbulence to existing structures, the minimum
height of the lowest part of any horizontal axis SWECS blade shall
be at least 20 feet above the highest structure or tree within a two-hundred-fifty-foot
radius. Modification of this standard may be made when the applicant
demonstrates that a lower height will not jeopardize the safety of
the SWECS.
P. All SWECS shall be designed and constructed to be in compliance with
pertinent provisions of the Uniform Building Code.
Q. All SWECS shall be equipped with manual and automatic over-speed
controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by
the manufacturer.
R. An inspection report prepared by an independent professional engineer
licensed in the State of New York will be required at the time of
installation. The inspection report required at the time of installation
will be for the structure and the electronics and shall be provided
to the Code Enforcement Officer prior to the issuance of a certificate
of compliance.
A SWECS shall comply with the following standards:
A. Setback requirements. A SWECS shall be located no closer to a property
line or residence than 105% the total height of the SWECS.
B. Noise. Except during short-term events, including utility outages
and severe wind storms, a SWECS shall be designed, installed, and
operated so that noise generated by the system shall not exceed the
50 decibels (dBA), as measured at the closest inhabited dwelling.
A SWECS which is not used for 12 successive months shall be
deemed abandoned and shall be dismantled and removed from the property
at the expense of the property owner. Failure to abide by and faithfully
comply with this section or with any and all conditions that may be
attached to the granting of any building permit shall constitute grounds
for the revocation of the permit by the Town of Schroeppel. Failure
to notify and/or remove the obsolete or unused SWECS in accordance
with these regulations shall be a violation of this chapter, and the
cost of removing the SWECS and accessory structures shall be placed
as a lien on the property owner's tax bill.
All SWECS shall be maintained in good condition and in accordance
with all requirements set forth in this chapter. All SWECS shall be
inspected annually for structural integrity by a qualified inspector,
and the inspection report shall be filed with the Code Enforcement
Officer within 30 days of the annual anniversary date on which the
SWECS received a certificate of compliance. Any deficiencies noted
by the inspector must be corrected within 30 days of the inspection,
and certification that the deficiency has been corrected must be provided
to the Code Enforcement Officer.
The Town believes the review of building and electrical permits
for wind energy facilities requires specific expertise for those facilities.
Accordingly, the permit fees for such facilities shall be pursuant
to the Town's Fee Schedule as set from time to time by the Town
Board, plus the amount charged to the Town by any outside consultant
hired by the Town to review the plans and inspect the work. In the
alternative, the Town and the applicant may enter into an agreement
for an inspection and/or certification procedure for these unique
facilities. In such case, the Town and the applicant will agree to
a fee arrangement and escrow agreement to pay for the costs of the
review of the plans, certifications or conduct inspections as agreed
by the parties.
The Town hereby exercises its right to opt out of the tax exemption
provisions of Real Property Tax Law § 487, pursuant to the
authority granted by Subdivision 8 of that law.