[Added 10-13-2011 by L.L. No. 1-2011]
The provisions of this article shall be referred to as the "Residential
Wind Energy Facilities Regulations of the Town of Eaton."
The purpose of this article is to provide standards for residential
wind energy conversion systems with maximum generating capacity of
100 kilowatts or less designed for on-site home and/or farm use and
that are primarily used to reduce on-site consumption of utility power
(hereinafter "RWECS"). The intent of this article is to encourage
the development of RWECS and to protect the public health, safety,
and community welfare.
No person, firm, or corporation being the owner or occupant
of any land or premises within the Town of Eaton shall use or permit
the use of said land or premises for the construction of a RWECS without
obtaining a special permit and site plan approval therefor as hereinafter
provided.
All applications for a special permit and site plan approval
for the construction of a RWECS to be used to generate electrical
energy shall be determined by the Planning Board. Each application
for a special permit and site plan approval shall be accompanied by:
A.
A complete plan, drawn to scale, showing the design and location
of the facility on the site;
B.
The location of all structures, power lines or other utility lines
within a radius equal to 150% of the proposed structure height from
ground to tip of any rotating blades;
C.
Dimensions and sizes of the various structural components of the
support tower's construction;
D.
Manufacturer's data sheets and such other information as may be necessary
to fully describe the make, model, features, generating capacity of
the proposed facilities and the manufacturer's installation specifications
and recommendations.
E.
Certification by a registered professional engineer or manufacturer's
certification that the tower was designed to withstand wind load requirements
for structures as set forth in the New York State Building Code.
F.
No experimental, home-built, or prototype wind turbines shall be
allowed without documentation by the applicant of their maximum probable
blade throw distance in the event of failure, and a determination
by the Planning Board of appropriate setback distances on the basis
of that documentation.
The following restrictions and standards apply to all residential
wind energy facilities:
A.
Placement of facilities on site.
(1)
Maximum height shall be determined on a case-by-case basis as
hereafter specified.
(2)
Facilities may be placed in rear or side yards but shall not
be placed in front yards.
(3)
Property line setback requirements include guy wires or cables.
(4)
No individual tower facility shall be installed in any location
that would substantially detract from or block the view of a portion
of a recognized scenic viewshed, as viewed from any public road right-of-way,
publicly owned land within the Town of Eaton, privately owned land
within the Town of Eaton or that extends beyond the border of the
Town of Eaton.
B.
Setbacks. All portions of the facility, including support and accessory
facilities, shall be set back a distance from all residential structures
and property lines equal to 150% of the maximum height of the proposed
facilities, including the maximum height of any rotating blades.
C.
A maximum of one RWECS facility shall be permitted per parcel, except
wind energy conversion systems for farms. Each parcel upon which a
RWECS is located must include a principal used residential structure.
A maximum of three RWECS facilities shall be allowed to support the
agricultural purposes on any farm actively used for agricultural production.
E.
Signage. The type and placement of warning signs shall be determined
on an individual basis as safety needs dictate. No advertising signs
will be permitted.
F.
Safety.
(1)
All power lines connecting the RWECS facilities to public utility
interconnection equipment shall be located underground and installed
by certified professionals and must meet all applicable national,
state and local electrical codes.
(2)
All turbines shall have an overspeed control device built in
by the manufacturer.
(3)
All turbines shall be shielded at the alternator and the cables
shall be armored to prevent any electromagnetic interference with
radio, cell phone, and other electromagnetic signal transmissions.
(4)
All guy wires and cables shall be marked with high-visibility
orange or yellow sleeves from the ground to a point 10 feet above
the ground.
G.
Color. Towers and rotating blades shall be painted white or gray
or another nonreflective, unobtrusive color. No advertising or commercial
logos or insignias may be visible on the structure(s).
H.
Height. The RWECS shall not exceed the total minimum height established
by the New York State Energy Research and Development Authority ("NYSERDA")
for grant funding at a wind speed of 10 miles per hour.
I.
Noise. The level of noise produced during operation of a windmill
shall not exceed 50 dba, as measured at the property lines owned by
anyone other than the site owner, as those boundaries exist at the
time of the special permit application. The applicant will be required
to submit technical data proving such performance standard to the
satisfaction of the Planning Board as to this requirement.
J.
Lighting. No RWECS shall be artificially lighted, unless so required
by the FAA.
K.
Removal of vegetation. The construction of a RWECS shall only remove
the natural vegetation necessary for the construction, operation,
and maintenance of the system.
L.
Abandonment. A RWECS, or any portion thereof, that 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
permit for the facility shall constitute grounds for the revocation
of all permit approvals by the Town. In addition, failure to remove
an obsolete or unused facility in accordance with this section shall
be a violation of this section. If said abandoned facility is not
dismantled and removed within six months of abandonment, the Town
may dismantle and remove said facility, and the cost of removing the
facility shall be a lien of the property, and, if unpaid by the owner,
said expense shall be added to the property owner's tax bill. Any
and all structures, guy wires, cables and/or enclosures accessory
to such facility shall also be removed. The site shall be restored
to as natural a condition as possible.
In granting approval, the Planning Board may impose other conditions
and restrictions deemed necessary for the maintenance and safety of
such towers and/or necessary to minimize any adverse effect or impact
of the proposed use on neighboring properties.
