[Added 8-10-2009 by L.L. No. 1-2009]
Wind power generating facilities shall be a site plan review use in any Agricultural District as defined in § 139-12 and shall be issued only after compliance with the procedures for site plan review uses as set forth in Article XXI, Site Plan Review for Commercial, Industrial, Institutional and Multifamily Residential Uses. The Zoning Board of Appeals shall require, before permitting any such use, in addition to the requirements of Article XXI, compliance with the following standards:
A.
The site plan for a wind power generating facility shall include:
(1)
Location of the tower on the site, including the maximum height
of turbine components during use (e.g., blade tip for horizontal-axis
device), and ground clearance of moving components (e.g., blades)
and tower heights, including blades, rotor diameter and ground clearance.
(2)
All utility lines, both above and below ground, within a radius
from the tower base equal to the proposed tower height, including
blades.
(3)
Dimensional representation of the various structural components
of the tower construction, including the base and footings.
(4)
Design data indicating the basis of the design, including manufacturer's
dimensional drawings, installation and operation instructions.
(5)
Certification by a licensed professional engineer and manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures.
B.
No windmill, including blades, shall extend more than 500 feet above
the average ground level measured at the base of the tower.
C.
No windmill shalt be erected in any location where its overall height,
including blades, is greater than the distance from its base to any
property line.
D.
Access to the tower shall be limited either by means of a fence six
feet high around the tower base with a locking gate or by limiting
tower climbing apparatus to no lower than 12 feet from the ground.
E.
No windmill shall be installed in any location along the major axis
of an existing microwave communications link where the operation of
the windmill is likely to produce an unacceptable level of electromagnetic
interference.
F.
Windmills shall be located or installed in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport approach
zones (15.503) and clearance around VOR and DVOR stations.
G.
No windmill shall be installed in a location where the impact on
the neighborhood character is determined by the Zoning Board of Appeals
to be detrimental.
H.
If the windmill is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by the power company.
I.
Guy wires and anchors for towers shall not be located closer than
the required accessory structure setback.
J.
All windmills shall be designed with an automatic brake to prevent
overspeeding and excessive pressure on the tower structure.
K.
The minimum distance between the ground and any protruding blades
shall not be less than 10 feet as measured at the lowest point of
the arc of the blades.
L.
Noise limitations. The level of noise produced during wind turbine
operation shall not exceed 50 dBa beyond the present ambient sound
levels at preconstruction levels, as measured at the boundaries of
the closest parcels that are owned by non-site-owners and that abut
either the site parcels or any other parcels adjacent to the site
held in common by the owner of the site parcel, as those boundaries
exist at the time of the special use permit application. The applicant
will be required to submit technical data demonstrating satisfaction
as to this requirement. This obligation shall be a continuing legal
obligation, with exceptions only for short-term events such as utility
outages and severe windstorms.
Private wind energy conversion systems shall be a special permit use and accordingly permissible only upon the issuance of a special permit in accordance with the procedure set forth in § 139-96, Powers and duties, criteria for decisions, Subsection C, Special permit uses. In addition to the criteria required in § 139-96C, the applicant for a private wind energy conversion systems special permit would have to meet the following criteria:
A.
A private wind energy conversion system (PWECS) shall be an accessory
use with respect to every principal structure erected and used in
conformity with this chapter. A PWECS may be installed pursuant to
a special permit to be obtained from the Zoning Board of Appeals of
the Town based on an application for such a permit on a form established
by the said Zoning Board of Appeals. The purpose of the application
will be to assure compliance with the following requirements, and
such application shall include the following:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the premises involved
or that the applicant has written permission of the owner to make
such an application.
(3)
A development plan drawn in sufficient detail to clearly describe:
(a)
Property line and physical dimensions of the proposed site;
(b)
Location, dimensions, and types of existing structures and uses
of the site;
(c)
Location of the proposed PWECS;
(d)
Location of above-ground utility lines on site or within one
radius of the total height of the PWECS, including the furthest vertical
extension of the rotor assembly;
(e)
Location and size of the largest structure taller than 35 feet
or tree which may potentially grow taller than 35 feet during the
lifetime of the PWECS within a five-hundred-foot radius of the proposed
PWECS;
(f)
Where applicable, the location of all transmission facilities
proposed for installation; and
(g)
Where applicable, the location of all road and other service
structures proposed as part of the installation.
B.
The installation of all wind energy conversion systems shall comply
with the following requirements:
(1)
Size. Only PWECS whose swept area is 500 square feet or less
shall be permitted. For conventional propeller PWECS, this would be
a diameter of approximately 25 feet.
(2)
Compliance with the New York State Building and Construction
Code.
(a)
All applications shall be accompanied by standard drawings of
the structural components of the wind energy conversion system and
support structures, including base and footings. The application shall
also include engineering data and calculations to demonstrate compliance
of the support structure with seismic and structural design provisions
of the Building Code. Drawings and engineering calculations shall
be certified in writing by a New York State licensed engineer.
(b)
All equipment and materials shall be used or installed in accordance
with such drawings. The above certifications by a professional engineer
shall be deemed to satisfy all applicable requirements of the Building
Code.
(3)
Compliance with National Electrical Code.
(a)
Applications shall be accompanied by a drawing identifying the
location of metering, protection and control devices, and transformer
equipment in sufficient detail to allow for a determination that the
manner of installation will conform to Articles 250 (Grounding), 280
(Lighting Arrestors), 300 (Wiring Methods), 310 (Conductors for General
Wiring), 430 (Motors), 445 (Generators) and 450 (Transformers and
Transformer Vaults) of the National Electrical Code. The application
shall include a statement from a New York State licensed engineer
indicating that the electrical system conforms with good engineering
practices and complies with the above-mentioned articles of the National
Electrical Code. All equipment and materials shall be used or installed
in accordance with such drawings and diagrams.
(b)
The above certification by a licensed engineer shall be deemed
to satisfy all applicable requirements of the National Electrical
Code.
(4)
Rotor safety. Each PWECS must be equipped with both manual and
automatic controls to limit the rotational speed of the blade below
the design limits of the rotor. The application must include a statement
by a New York State licensed engineer certifying that the rotor and
overspeed controls have been designed and fabricated for the purposed
use in accordance with good engineering practices. The engineer must
also certify the compatibility of towers with available rotors.
(5)
Guy wires. Anchor points for guy wires shall be located within
property lines and not on or across any aboveground electric transmission
or distribution line. Guy wires shall be enclosed by a fence six feet
high or the PWECS shall be set back from the property line the total
height of the PWECS.
(6)
Tower access. Lattice towers capable of being climbed shall
be enclosed by a locked, protective fence at least six feet high.
Other towers should have either:
(7)
Electromagnetic interference: A PWECS shall comply with the
provisions of 47 CFR, Parts 15 and 18. The PWECS shall be operated
such that no harmful interference is caused. When notified by the
Zoning Enforcement Officer that a wind energy conversion system is
causing harmful interference, the operator shall promptly take steps
to eliminate the harmful interference.
(9)
Utility notification. No wind turbine shall be interconnected
with a utility company's grid until said company has been notified
and written approval has been received from said utility company.
(10)
Height. It is recognized that wind turbines require greater
heights to reach elevations with wind currents reasonably adequate
to generate energy. An on-site-use wind energy conversion system shall
not exceed a total height of 100 feet for single-family residential
applications (less than or equal to 25 kW) and shall not exceed a
total height of 150 feet for nonresidential applications [i.e., farm,
small business, etc. (less than or equal to 125 kW)] from the ground
to the top of the highest point of blade height (tip) as extended
at its highest vertical point, provided that the application includes
specific evidence that the proposed total height does not exceed the
height recommended by the manufacturer or distributor of the on-site-use
wind energy conversion system.
(11)
Setbacks. Wind energy conversion systems shall comply with all
setbacks within the affected zone. However, in addition, all on-site-use
wind energy conversion systems shall be set back a distance equal
to the height of the tower plus blade length plus an additional 25
feet from all property lines, public roads, power lines and preexisting
and future structures. Additional setbacks may be required by the
reviewing board in order to provide for the public's safety, health
and welfare, including the possibility of ice thrown from the blades.
(12)
Decommissioning. The applicant shall submit to the Zoning Board
of Appeals a letter of intent committing the owner, and his or her
successors-in-interest, to notify the Building Inspector within 30
days of the discontinuance of the use of the on-site-use wind energy
conversion system. This letter of intent shall be filed with the Zoning
Board of Appeals prior to the issuance of a special permit. The owner
shall remove the obsolete or unused wind turbines and accessory structures
within one year of such notification. Failure to notify and/or remove
the obsolete or unused tower in accordance with these regulations
shall be a violation of this section, and the cost of removing the
on-site-use wind energy deriving tower and accessory structures shall
be placed as a lien on the property owner's tax bill. In addition,
a reclamation bond shall be filed with the Town Clerk to cover the
costs of reclamation of the tower. Should the wind energy conversion
system be nonoperational for any continuous six-month period, the
approvals granted shall be deemed void, and the wind energy conversion
system shall be decommissioned subject to a new approval under this
section. Such bond shall be in place prior to the issuance of a building
permit.
