Town of Riverhead, NY Article L Wind-Energy Systems for Agricultural Uses

§ 301-265 Purpose and intent.

This article is designed to promote the safe, efficient and effective use of small wind-energy systems attendant to bona fide agricultural operations. The Town Board finds it appropriate to encourage the development of these small wind-energy systems to promote the reduction of on-site consumption of utility-supplied electricity, while protecting from any adverse effects of such systems.[1]

[1] Editor's Note: Original § 108-28 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage.

§ 301-266 Where permitted.

Small wind-energy systems shall be permitted on parcels greater than seven acres in size in the Agriculture Protection Zone where such parcels are dedicated primarily to uses necessary for bona fide agricultural production, as defined in § 301-36A.

§ 301-267 Application for permit.

Applications for small wind-energy systems shall be submitted to the Town of Riverhead Building Department and shall include:

A. Name, address and 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 and 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:

(1) Confirming that the property owner is familiar with the proposed applications; and

(2) Authorizing the submission of the application.

C. Address of each proposed tower site, including Tax Map section, block and lot number.

D. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

E. A plot plan on an approved property survey, at a scale of one inch equals 100 feet, depicting the limits of the fall zone distance from structures, property lines, public roads, and projected noise-level decibels (DBA) from the small wind-energy system to the nearest occupied dwellings.

F. 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 Electric Code of the Town of Riverhead and the New York State Building Code.

§ 301-268 Development standards.

A. Tower height. Tower height shall not exceed 120 feet and shall be exempt from the height restrictions pursuant to § 301-241 of Article XLVI, Supplementary Height Regulations, of this chapter. To prevent harmful wind turbulence to the small wind-energy system, the minimum height of the lowest part of any horizontal or vertical axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

B. Setbacks. Notwithstanding the provisions of the Bulk Schedule,[1] the following standards shall apply to small wind-energy systems:

(1) A small wind-energy system shall be set back from a property line a distance no less than the total height of the small wind-energy system, plus 10 feet.

(2) No part of the wind system structure, including guy wire anchors, may extend closer than 10 feet to the property boundaries of the installation site.

(3) A small wind-energy system shall be set back from the nearest public road a distance no less than the total height of the small wind-energy system, plus 10 feet, and in no instance less than 100 feet.

(4) There shall be no habitable structures on the applicant's property within the fall zone.

[1] Editor's Note: The Schedules of Dimensional Regulations are included as attachments to this chapter.

C. Noise. Small wind-energy systems shall not exceed 60 DBA, as measured at the closest neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

D. Compliance with New York State Uniform Building Code. Building permit applications for small wind-energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer.

E. Compliance with National Electric Code. Building permit applications for small wind-energy systems shall be accompanied by a line drawing of the electrical components on the plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer.

F. Compliance with FAA regulations. Small wind-energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable federal aviation requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

G. Utility notification. No small wind-energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

§ 301-269 Construction standards.

A. Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.

B. The system's tower and blades shall be 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 disruption.

C. 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.

D. At least one sign shall be posted on the tower at a height of five feet warning of potential electrical shock or high voltage and potential harm from revolving machinery.

E. 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's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

F. Towers 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 anti-climb device installed on the tower (if tower is a climbable type).

(3) A locked, protective fence at least six feet in height that encloses the tower.

G. Anchor points for any guy wires for a system tower shall be located within the property that the system 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 to eight feet above the ground.

H. All small wind-energy systems shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer.

I. Capacity. Small wind-energy systems shall generate no more than 110% of the agricultural operation's anticipated demand at the time of application.

§ 301-270 Fees.

The Building Department fee for small wind-energy system applications shall be $250.

§ 301-271 Abandonment of use.

All small wind-energy systems which are 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 Building Department.

§ 301-272 Enforcement authority; penalties for offenses; additional remedies.

A. The Building Inspector, Code Enforcement Officer and Town Attorney shall have authority to enforce this article.

B. Any person owning, controlling, or managing any building, structure or land who shall undertake a wind-energy conversion facility or wind monitoring tower in violation of this article or in noncompliance with the terms and conditions of any permit issued pursuant to this article, or any order of the enforcement officer and any agent who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $1,000 or to imprisonment for a period of not more than 30 days, 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 $1,000 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 by any permit issued pursuant to this article, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding 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.