[HISTORY: Adopted by the Town Board of the Town of Schroeppel 7-22-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention— See Ch. 38.
Zoning — See Ch. 95.
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.[1]
[1]
Editor's Note: See Ch. 38, Building Construction and Fire Prevention.
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,[1] 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.
[1]
Editor's Note: The current Fee Schedule is on file in the Town Clerk's office.
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.
A. 
The Code Enforcement Officer shall be responsible for enforcing this chapter.
B. 
Any person owning, controlling or managing any building, structure or land who shall undertake a SWECS 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 Code Enforcement Officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $500 or imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $500 for each violation and each week said violation continues.