[Adopted 2-19-2009 by L.L. No. 1-2009]
The title of this article shall be and such article may be cited
as the Town of Lowville "Wind Energy Facilities Law."
The Town Board of the Town of Lowville adopts this article to
regulate and promote the effective and efficient use of a wind energy
conversion system (WECS) and to regulate by a wind energy permit (WEP),
the placement of such systems so that the public health, safety, welfare,
natural resources, aesthetics, land use for residential, agriculture
and/or economic development will not be jeopardized.
The Town Board of the Town of Lowville enacts this article under
the authority granted by:
A.
Article IX of the New York State Constitution, § 2(c)(6)
and (10).
B.
New York Statute of Local Governments, § 10(1) and (7).
C.
New York Municipal Home Rule Law, § 10(1)(i) and (ii) and
§ 10(1)(a)(6), (11), (12), and (14).
D.
The supersession authority of New York Municipal Home Rule Law, § 10(2)(d)(3),
specifically as it relates to determining which body shall have power
to grant variances under this article, to the extent such grant of
power is different than under Town Law § 267.
E.
New York Town Law § 130(3) (Electrical code), § 130(5)
(Fire prevention), § 130(7) (Use of streets and highways),
§ 130(7-a) (Location of driveways), § 130(11)
(Peace, good order and safety), § 130(15) (Promotion of
public welfare), § 130(15-a) (Excavated lands), § 130(16)
(Unsafe buildings), § 130(19) (Trespass), and § 130(25)
(Building lines).
[Amended 12-29-2011 by L.L. No. 1-2012]
F.
New York Town Law § 64(17-a) (protection of aesthetic interests),
and § 64(23) (General powers).
The Town Board of the Town of Lowville finds and declares that:
A.
Wind energy is a renewable and nonpolluting energy resource and its
conversion to electricity may reduce dependence on nonrenewable energy
sources and decrease air and water pollution that results from the
use of conventional energy sources. WECS enhance the reliability of
power quality of the power grid, reduce peak power demands and help
diversify the state's energy supply portfolio.
B.
The generation of electricity from a properly sited wind turbine
can be cost effective and an existing power distribution system can
be used to transmit electricity from wind generating facilities to
utilities or other users.
C.
Small systems can be cost effective and can supply electrical power
solely for on-site use, except when a parcel on which a noncommercial
WECS is installed also receives electrical power supplied by a utility
company.
D.
Regulation of the siting and installation of wind turbines is necessary
for the purpose of protecting the health, safety and welfare of neighboring
property owners.
E.
The height of WECS can affect potential aesthetic impacts that include
lighting, shadow flickering, and impair a scenic vista or corridor.
F.
WECS can cause electromagnetic interference issues with various types
of communications.
G.
If not properly sited, WECS may present risks to the property values
of adjoining property owners.
H.
Construction of WECS can create traffic problems, damage local roads,
create drainage, sediment problems, harm farmland and damage environmentally
sensitive areas if not regulated properly.
I.
The revenue sources for larger landowners can change, therefore affecting
the local economic base of the community.
K.
WECS may be a source for elevated noise levels which unregulated
can impact adjoining properties.
L.
Agricultural land used for wind power generation is exempt from penalties
that can be assessed when land use is converted to a nonagricultural
use in an agricultural district.
M.
Construction of WECS facilities could limit emergency medical transport
by helicopter from the Lewis County General Hospital and limit flights
when there is a low cloud ceiling because of turbine height.
As used in this article, the following terms shall have the
meanings indicated:
Any land use that is considered production agriculture by the State of New York Agriculture and Markets Law or by Chapter 250, Zoning, of the Code of the Town of Lowville.
A form of security filed with the Town Clerk that is acceptable
to the Town Board and Town Attorney as to the form, content and matter
of execution, and amount sufficient to ensure faithful performance.
Environmental assessment form used in the implementation
of the SEQRA as a term defined in Part 617 of Title 6 of the New York
Codes, Rules and Regulations.
Licensed professional engineer.
A windmill or wind turbine used for pumping water for agricultural
purposes.
Any dwelling suitable for habitation existing in the Town
of Lowville on the date the application is received. A residence may
be part of a multidwelling or multipurpose building but shall not
include buildings such as seasonal homes, hotels, motels, hospitals,
nursing homes, private or public schools, government office buildings
or public safety buildings, churches, day-care facilities, restaurants,
banquet facilities, tourist homes or bed-and-breakfasts.
A small wind-generating facility as hereinafter defined which
generates original power on site for on-site use by property owner,
and which are mounted on the principle building roof with a maximum
height of no greater than 10 feet for residential and 20 feet for
commercial users.
The New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules,
and Regulations, Part 617.
The physical location of a WECS, including the related tower
and transmission equipment.
The parcel(s) of land where a wind energy facility is to
be placed. The site can be publicly or privately owned by an individual
or entity or a group of individuals or entities controlling single
or adjacent properties. Where there are multiple adjacent properties
under one controlling ownership, the combined lots shall be considered
as one for the purposes of applying setback requirements.
An individual wind energy conversion system consisting of
a wind turbine, a tower, and associated control or conversion electronics,
that converts the kinetic energy of the wind, with a rated capacity
not to exceed on-site use, to primarily reduce consumption of utility
power.[1]
The level which is equaled or exceeded a stated percentage
of time.
The height of the tower and furthest vertical extension of
the WECS.
The Town of Lowville Attorney appointed by the Town Board
of the Town of Lowville.
The Town of Lowville Clerk appointed by the Town Board of
the Town of Lowville.
The Code Enforcement Officer appointed by the Town Board
of the Town of Lowville.
The Highway Superintendent appointed by the Town Board of
the Town of Lowville.
Use or area variance from the strict application of the provision of this article that may be given by the Town Board based on the criteria of § 100-23.
A machine that converts the kinetic energy in the wind into
a usable form ("wind turbine" or "windmill"). The WECS includes all
parts of the system except the tower and the transmission equipment;
the turbine or windmill may be on a horizontal or vertical axis, rotor
or propeller. The WECS definition will apply to any conversion system,
including those that sell to and/or are not metered to a grid.
An energy facility that consists of one or more wind turbines
or other devices and their related or supporting facilities that produce
electric power from wind and are:
The permit issued pursuant to this article by the Town Board
of the Town of Lowville, subject to the advice and recommendation
of the Town Attorney, Town Code Enforcement Officer and Town Highway
and Special Districts Superintendent, for the applicant to construct,
reconstruct, modify, operate and maintain a WECS or small WECS in
the Town of Lowville.
The anemometer ("met") tower shall be permitted on issuance
of a wind energy permit.
A.
Application. Every application for a wind energy permit (WEP) shall
be made in writing to the Town Board in accordance with requirement
of the Town set forth by this article. All fees set forth by the Town
shall accompany the application.
B.
A wind energy permit (WEP) shall not be granted to the applicant
until the following have been approved by resolution of the Town Board
and other taxing jurisdictions that are impacted by the proposed WECS:
(1)
With respect to any property on or for which a violation of any law,
code, or regulation currently exists, proof of the correction of such
violation.
(2)
A wind energy special use permit shall not be issued for a use on
a property where there is an existing violation of this article unless
and until proof of the correction of such violation is submitted.
(3)
The applicant shall execute a road agreement with the Town of Lowville
that is subject to approval by resolution of the Town Board and approved
by the Town Highway Superintendent that the applicant is responsible
for remediation of damaged roads upon completion of the installation
or maintenance of a WECS.
(4)
The applicant shall enter into an agreement for a payment in lieu
of taxes (PILOT). The Town of Lowville opted out of the tax exemption
provisions of Real Property Tax Law § 487, pursuant to the
authority granted by Paragraph 8 of that law so as to enter into a
host community agreement with any applicant to compensate the Town
of expense and/or impacts on the community.
(5)
The Town Board shall require any applicant to enter into an escrow
agreement to pay the engineering and legal costs for any application
review, including the review required by State Environmental Quality
Review Act (SEQRA) and special inspectors' costs if required by the
Town of Lowville Town Board, Town Attorney, Town Code Enforcement
Officer or Town Highway Superintendent during construction and completion
of a WECS.
(6)
The applicant shall post a bond or file a letter of credit, the amount
to be determined by the Town Board, with the Town Clerk, to cover
possible electromagnetic interference with television, radio and other
various types of communication. The financial and remedial obligation
by the applicant shall continue for one year after the WEP is issued
or the WECS is installed, whichever is later.
A.
The requirements of this article shall apply to all wind energy facilities
proposed, operated, modified, or constructed after the effective date
of this article.
B.
Wind energy facilities for which a required permit has been properly
issued and upon which construction has been completed or commenced
prior to the effective date of this article, shall not be required
to meet the requirement of this article; provided, however, that:
(1)
Any such preexisting wind energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this article prior to recommencing production of energy.
(2)
No modification or alteration to an existing wind energy facility
shall be allowed without full compliance with this article.
(3)
Any wind measurement tower existing on the effective date of this
article shall be removed no later than 30 months after said effective
date, unless a wind energy permit for wind energy facility is obtained.
A.
A WECS or windmill farm may be allowed in an Agricultural (AG) or
Conservation Zone (OC) at or above the 1,400 feet above sea level
elevation by WECS use permit.
B.
A WECS or windmill farm may be allowed in an Agricultural Zone or
Conservation Zone in the Town by WECS use permit.
C.
Neither a WECS nor a windmill farm shall be allowed in a Residential (R-30A, R-30B, R-30C, R-40), Commercial (CB), Industrial Overlay Zone (I-1, I-2), Commercial Residential Zone (CB-R) as identified in Chapter 250, Zoning, adopted by the Town Board of the Town of Lowville November 16, 1995, or a sewer or water district.
D.
WECS that are mechanical, nonelectrical and used for pumping water
for agricultural purposes may be exempt from the general provisions
of these requirements but they must be sited so as any tipover will
be harmless to others; otherwise no permit or other approval shall
be required.
E.
Small WECS shall be allowed in all zones, but shall be limited to
10 feet in height on the roofs of residential buildings, garages and
outbuildings; 20 feet on commercial or industrial buildings.
An application for a WEP for individual WECS shall include the
following:
A.
Name, address, telephone, fax number of the applicant. If the applicant
is represented by an agent, the application shall contain the name,
address, telephone and fax number of the agent as well as an original
signature of the applicant authorizing the representation.
B.
Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include written
permission signed by the property owner or power of attorney:
C.
Address or property identification of each tower location, including
Tax Map location, block and lot number.
D.
A description of the project, including the number and maximum rated
capacity of each WECS.
E.
A plot plan prepared by a licensed surveyor drawn in sufficient detail
to clearly describe the following:
(1)
Property lines and physical dimensions of the site.
(2)
Location and elevation of each proposed WECS.
(3)
Location, dimensions and types of existing structures and uses on
site, public roads, and adjoining properties with 500 feet of boundaries
of the proposed WECS site.
(4)
Location, size, height and use of structures located within a one-thousand-foot
radius of a proposed WECS. For purposes of this requirement, electrical
transmission and distribution lines are not considered structures.
(5)
Location of all aboveground utility lines on the site or within one
radius plus 10% of total height of the WECS, transformers, power lines,
interconnection point with transmission lines and other ancillary
facilities or structures.
(7)
All proposed facilities, including access roads electrical lines,
substations, storage or maintenance units and fencing.
F.
Vertical drawings of WECS showing total height, turbine dimensions,
tower and turbine colors, ladders, distance between ground an lowest
point on any blade or moving part of the structure, location of climbing
ladder or pegs, and access doors. One drawing may be submitted for
each WECS of the same type and total height.
G.
Landscaping plan depicting existing vegetation and reclamation of
disturbed areas, for a WECS, topsoil shall be stripped, stockpiled
and used for reclamation.
H.
Lighting plan showing any Federal Aviation Administration (FAA) required
lighting or other purpose lighting. No WEP shall be issued until a
copy of the determination by the FAA to establish required markings
and/or lights for a WECS.
I.
List of property owners, with mailing address, within 1,000 feet
of the boundaries of the proposed site.
J.
Decommissioning plan. The applicant shall submit a decommissioning
plan which shall include:
(1)
The anticipated life of the WECS;
(2)
The estimated decommissioning cost in current dollars;
(3)
How said estimate was determined;
(4)
The method of ensuring the funds will be available for decommissioning
or restoration;
(5)
The method, such as by annual re-estimate by a licensed engineer,
that the decommissioning or restoration costs will be kept current;
and
(6)
The manner in which the WECS will be decommissioned and the site
restored, which shall include the removal of all structures and debris
to a suitable depth, restoration of the soil and vegetation that is
consistent and comparable with surrounding area, less any fencing
or residual minor improvements requested by the landowner.
K.
Complaint resolution. The applicant will include a complaint resolution
process to address complaints from the Town's residents. The
applicant shall make every reasonable effort to resolve any complaint,
and may use an independent mediator or arbitrator. The process shall
include in the process that the applicant will provide requested information
and documentation and will agree to a time limit for acting set by
the Town Board.
M.
Completed Part 1 of full environmental assessment form (EAF).
N.
For each proposed WECS, include make, model, picture and manufacturer's
specifications, including noise decibels data. The type and quantity
of all materials used in the operation of all equipment, but not limited
to all lubricant and coolants, shall be documented as well as any
other information requested by the Town Code Enforcement Office.
O.
If a positive declaration of environmental significance is determined
by the SEQRA lead agency, the following information shall be included
in the draft environmental impact statement (DEIS) prepared for a
wind energy facility. Otherwise, the following studies shall be submitted
with the application.
(1)
Shadow flicker. The study shall identify location and duration where
shadow flicker may be caused by WECS and describe measures that shall
be taken to eliminate or mitigate the problem.
(2)
Visual impact. Application shall include a visual impact study of
the proposed WECS as installed, which may include a computerized photographic
simulation, demonstrating any visual impacts from strategic vantage
points. The visual analysis shall indicate the color treatment of
the system's components and any visual screening incorporated
to lessen the system's visual prominence.
(3)
A fire and emergency response plan.
(4)
Noise analysis. The study shall document noise levels at property
lines, nearest resident or public assembly building not on site. Further
documentation may be requested by the Town Code Enforcement Officer
to assure noise levels associated with the proposed WECS are within
acceptable sound pressure levels.
(5)
An assessment of potential electromagnetic interference with microwave,
radio, television, personal communication systems and other wireless
communications.
P.
The applicant shall, prior to receipt of a building permit, provide
proof that it has executed an interconnection agreement with the New
York Independent System Operator and the applicable transmission owner.
A.
Applicants shall request a preapplication meeting with the Town Board
and the Town Code Enforcement Officer.
B.
Six copies of the application shall be submitted to the Town Clerk.
Payment of any application fees shall be made at the time of application
submission.
C.
The Code Enforcement Officer shall, within 60 days of receipt, determine
if all information required under this article is included in the
application. Unless the Town Board waives any application requirement,
no application shall be considered until deemed complete.
D.
If the application is deemed incomplete, the Town Board or the Town
Code Enforcement Officer will provide the applicant with a written
statement listing the missing information.
E.
Upon submission of a complete application, the Town Board shall hold
at least one public hearing on the application. The public hearing
may be combined with public hearings on any environmental impact statement
or requested waivers.
F.
SEQRA review. Applications for WECS are deemed Type I projects under
SEQRA.
G.
The Town may require an escrow agreement for engineering and legal
review of the application and any environmental impact statement before
commencing its review. If a positive declaration of environmental
significance is issued and an environmental impact statement prepared
at the completion of the SEQRA review process, the Town shall issue
a statement of findings, which statement may also serve as the Town's
decision on the application.
The following standards shall apply to all WECS, unless specifically
waived by the Town Board as part of a wind energy permit:
A.
All power transmission lines shall be located underground to the
maximum extent possible.
B.
No television, radio or communication antennas may be affixed or
otherwise made part of the WECS.
C.
No advertising signs are allowed on any part of the wind energy facility.
D.
Lighting of tower shall comply with FAA requirements. Security lighting
for ground level facilities shall be allowed as approved on the development
plan.
E.
All applications shall incorporate appropriate measures to reduce
visual impacts of WECS to the extent possible.
F.
If it is determined that a WECS is causing electromagnetic interference,
the operator shall take necessary corrective action to eliminate this
interference or resolution of the issue with impacted parties. Failure
to remedy electromagnetic interference is grounds for revocation of
the WEP for specific WECS.
G.
Solid waste, hazardous waste and construction material shall be removed
from the site.
H.
WECS shall be designed to minimize the negative impacts on the environment.
A.
Each WECS shall be equipped with both manual and automatic controls
to limit rotational speed of the rotor blade so it does not exceed
design limits.
B.
Fencing shall be required for each WECS installation or group of
towers and shall be determined on the basis of individual application
as safety needs dictate.
C.
Appropriate signage shall be posted as required by the Town Board
or Town Code Enforcement Officer to warn of electrical shock or high
voltage on entry area of fence around each tower.
D.
No climbing pegs or ladders located closer than 15 feet to ground
level on tower structures.
E.
Access doors shall be kept securely locked at all times to electrical
and mechanical components of any WECS.
B.
The applicant shall be responsible for remediation of damaged roads
upon completion of the installation or maintenance of a WECS. A public
bond shall be posted prior to issuance of any building permit in an
amount to be determined by the Town Board, sufficient to compensate
the Town for any potential damage to Town roads.
A.
The statistical sound pressure level generated by a WECS shall not
exceed L-55 dBA measured at the nearest residence or public building
located off site.
B.
Each WECS shall be set back from site boundaries, measured from the
center of the WECS. Setbacks shall be required so as to minimize the
level of audible or ambient nuisance noise at the property line site,
off-site residence, public buildings and businesses as follows:
(1)
A distance equal to 1 1/2 times the total height from the nearest
site boundary property line.
(2)
Two hundred fifty feet and 1 1/2 times total height from all
public roads.
(3)
No WECS shall be within 1,000 feet of an off-site residence, whether
or not the said residence is located in the Town of Lowville, measured
at the exterior of the residence.
(4)
Two thousand feet from the property line of any public or private
school, church, hospital or nursing home facility, government office
building, correctional facility, public assembly buildings (convention
centers, restaurants, funeral homes, libraries), or active cemeteries.
(5)
A distance equal to 1 1/2 times the total height of the WECS
from any non-WECS structure or aboveground utilities unless waived
by the utility companies.
In the event a wind energy facility does not meet a setback
or exceeds noise or other criteria established in this article as
it existed at the time the WEP is granted, a waiver may be granted
from such requirements by the Town Board in the following circumstances:
B.
In order to advise all subsequent owners of the burdened property,
the consent in the form required for an easement has been recorded
in the County Clerk's office. Such easements shall be permanent
and shall state that they may not be revoked without consent of the
Town Board, which consent shall be granted upon completion of decommissioning
or the acquisition of the burdened parcel by the owner of the benefited
parcel or the WECS.
C.
Waivers granted under this section differ from waivers requested under § 100-23 of this article. If an adjoining property owner will not grant an easement pursuant to this section an § 100-23 waiver must be sought. No § 100-23 waiver is required if waiver is granted under this section of this article.
A.
Upon completion of the review process, the Town Board shall, upon
consideration of the standards in this article and the record of SEQRA
review, issue a written decision with reasons and conditions of approval
or disapproval.
B.
If approved, the Town Board will direct the Town Clerk to issue a
WEP and direct the Code Enforcement Officer to issue a building permit
upon compliance satisfaction of all conditions.
C.
The decision of the Town Board shall be filed within five working
days in the office of the Town Clerk and a copy mailed to the applicant.
D.
In the event of any approved wind energy facility that has not substantially
commenced construction within one year of issuance of a WEP, the permit
will expire.
A.
If any WECS remains nonfunctional or inoperative for a continuous
period of one year, the applicant shall agree, without further action
by the Town Board, to remove said system at its own expense. Removal
shall include at least the entire aboveground structure. This provision
shall not apply if the applicant demonstrates that it has been making
good faith efforts to restore the WECS to an operable condition.
B.
Nonfunction or lack of operation may be proven by reports to the
Public Service Commission, NYSERDA, New York Independent System Operator,
or lack of income generation. The applicant shall make available (subject
to a nondisclosure agreement) to the Town Board all reports to and
from the purchaser of energy from WECS, which reports may be redacted
as necessary to protect proprietary information.
C.
Decommissioning bond or fund. The applicant or successor shall continuously
maintain a fund or bond payable to the Town, in a form approved by
the Town, for the removal of nonfunctional towers and appurtenant
facilities, in the amount to be determined by the Town for the period
of life for the facility. All costs of the financial security shall
be borne by the applicant and bond requirements shall be fully funded
before a building permit is issued.
A.
Operation. A WECS shall be maintained in operational condition at
all times, subject to reasonable maintenance and repair outage. Operational
condition includes meeting all noise requirement and other permit
conditions. Should a WECS become inoperable, damaged or violate a
permit condition, the owner or operator shall remedy the situation
with 90 days after written notice from the Code Enforcement Officer.
An extension of the ninety-day period may be considered by the Town
Board.
B.
If the WECS is not repaired or made operational or brought into permit
compliance after said notice, the Town may, after a public meeting
at which the operator or owner shall be given the opportunity to be
heard and present evidence, including a plan to come into compliance:
1) order either remedial action within a particular time frame; or
2) order revocation of the WEP or the WECS or require removal. If
the WECS is not removed in the particular time frame set by the Town
Board, the Town Board shall have the right to use the security posted
as part of the decommission plan to remove the WECS.
The Town Board acknowledges that prior to construction of a
WECS, a wind site assessment may be conducted. Installation of wind
measurement towers, also known as anemometer ("met") towers, shall
be permitted on the issuance of a WEP in accordance with this article.
An application for a wind measurement tower shall include.
A.
Names, address, and telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address, and telephone number of the agent as well as an original
signature of the applicant authorizing the representation.
B.
Name, address, and telephone number of 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:
C.
Address of each proposed tower location, including Tax Map section,
block and lot number.
D.
Proposed development plan and map.
E.
Decommissioning plan, including a security bond for removal.
A.
The distance between a wind measurement tower and the property line
shall be at least 1 1/2 times the total height of the tower.
B.
Wind energy permits for wind energy measurement towers may be issued
for a period of up to two years, and permits shall be renewable upon
application to the Code Enforcement Officer.
A.
Purpose
and intent. The purpose of this section is to provide standards for
small wind energy conversion systems designed for home, farm and commercial
use on the same parcel, and that are used to reduce consumption of
utility power at that location. The intent of this section is to encourage
the development of small wind energy systems and to protect the public
health, safety and community welfare.
B.
Applications.
Applications for small WECS wind energy permit shall include:
(1)
Name, address and telephone number of the applicant and/or property
owner. If 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
and/or property owner.
(2)
A map with sufficient detail as to the location of the tower on the
site.
(3)
Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
(4)
A professional engineer shall certify, as part of the building permit
application, that the foundation and tower design of the wind power
facilities are within accepted professional standards, given local
soil and climate conditions.
[Amended 12-29-2011 by L.L. No. 1-2012]
(5)
Sufficient information demonstrating that the system is used to reduce
the total consumption of electricity at that location.
(6)
Written evidence that the electric utility service provider that
serves the proposed site has been informed of the applicant's intent
to install an on-site small WECS.
(7)
A visual analysis of the small WECS as installed, that may include
computerized photographic simulations, visual impacts from strategic
vantage points, color treatment of the system's components and
visual screening that is intended to lessen the visual prominence
of the system.
C.
Development
standards. All small wind energy systems shall comply with the following
standards:
(1)
A system shall be located on a lot of one acre in size, however,
this requirement can be met by multiple owners submitting a joint
application.
(2)
Small WECS shall be used only to reduce the on-site consumption of
electricity.
(4)
The maximum turbine power output shall be limited to on-site production
of electricity.
(5)
The system's tower and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding neighborhood and landscape to the greatest extent possible.
(6)
The system shall be designed and located to minimize adverse visual
impacts from the viewing public.
(7)
Exterior lighting shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
(8)
All on-site electrical wires associated with the system shall be
installed underground.
(9)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it is demonstrated that a system is causing
interference, the system operator shall promptly mitigate the interference
or cease operation.
(10)
All towers and electrical components that have climbing ladders
or pegs, including guy wires, shall be enclosed by a six-foot-high
lock protective fence.
(11)
At least one sign posted at a height of five feet warning of
electrical shock, high voltage or revolving machinery.
(12)
No logo, brand names or advertising shall be displayed.
(13)
A temporary access road may be utilized for initial installation
but shall be regraded and revegetated to the preexisting natural condition
after completion of installation.
(14)
All small wind energy systems over six feet in total height
from ground level shall be equipped with manual and automatic overspeed
controls and shall be certified by the manufacturer.
(15)
All roof top installations of a small wind energy systems shall
have to be equipped with manual and automatic overspeed controls and
be certified by the manufacturer.
D.
Standards.
Small wind energy systems shall comply with the following standards:[1]
(1)
Setback requirements. A small WECS shall not be located closer than
1 1/2 times the total height of the facility to a property line.
(2)
Noise. Except during short-term events, including outages or severe
wind storms, a small WECS shall be designed and operated so that noise
generated shall not exceed 55 decibels (dBA) as measured at the closest
neighboring property line.
(3)
No small WECS shall be allowed to interconnect to an electric utility
provider that serves that site, an on-site residential, farm, or commercial
wind energy system.
E.
Abandonment
of use.
(1)
A small WECS 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 comply
with this section or with any or all conditions that may be attached
to the granting of the building permit shall constitute ground for
the revocation of the permit by the Town.
(2)
All small WECS shall be maintained in good working condition and
in accordance with all requirements of this section.
A.
The Town Board may grant a waiver from the provisions of this article
where its strict application would cause undue or unnecessary hardship
and such waiver is otherwise in the best interest of the Town. Applications
for waivers shall be made in writing and shall specify in detail the
nature and circumstances of the claimed hardship. The Town Board shall
hold a public hearing upon each such application after publishing
notice of such hearing in the Town's official newspaper at least
five days before such hearing. The public hearing may be combined
with other public hearings on wind energy facilities as long as the
waiver request is detailed in the public notice.
B.
The Town Board may attach such conditions as it deems appropriate
and necessary to waiver approvals as to minimize the impact of the
waiver. Any waivers which are granted shall be the minimum waiver
necessary to alleviate the claimed hardship.
C.
A small WECS may apply for a waiver to interconnect to a public utility
company for excess on-site electrical generation that will result
with the public utility's system using net metering. The applicant
shall be required to meet all applicable provisions of this article
and required conditions that, in the opinion of the Town Board, the
grant of said waiver is in the best interest of the Town.
D.
The Town Board may waiver setback requirements for any extension
of any wind energy facility or windmill farm existing as of the effective
date of this article or proposed WECS located 1,400 feet or more above
sea level, providing the WECS meets all setback requirements, conditions,
and restrictions of property boundaries, and off-site structures as
provided in the provisions of this article.
B.
Building permits shall also be required and a fee for such building
permit applications charged as provided for in the Code of the Town
of Lowville.
C.
Nothing in this article shall be read as limiting the ability of
the Town to enter into host community agreements with any applicant
to compensate the Town for expenses or impacts on the community. The
Town shall require any applicant to enter into an escrow agreement
to pay engineering and legal costs of any application review, including
the review required by SEQRA.
The Town hereby exercises its right to opt out of the tax exemption
provision of Real Property Tax Law § 487, pursuant to the
authority granted by Paragraph 8 of that law.
A.
The Town Board shall appoint the Town Attorney and such Town staff
or outside consultants as it sees fit to enforce this article.
B.
Any person owning, controlling or managing any building, structure
or land who shall undertake a wind energy facility in violation of
this article or in noncompliance with the terms and conditions of
any permit issued pursuant to this article, or any order by the Code
Enforcement Office, shall be guilty of an offense and subject to a
fine of not more than $250 for each offense. Such person shall be
deemed guilty of a separate offense for each week such violation continues,
and the Town may institute a civil proceeding to collect civil penalties
in amount of $250 for each violation, and each week said violation
continues shall be deemed a separate violation.
C.
In case of any violation or threatened violation of any of the provisions
of this article, including the terms and conditions imposed on any
permit issued pursuant to this article, in addition to other remedies
and penalties herein provided, the Town may institute any appropriate
actions or proceedings to prevent such unlawful erection, structural
alteration, reconstruction, moving and/or use, and to restrain, correct
or abate such violation, to prevent the illegal act.
