[Adopted 7-18-2013 by L.L. No. 1-2013]
This article shall be known as the "Town of Lowville Anaerobic
Digester Local Law."
This article is enacted pursuant to the authority conferred
upon the Town Board by Article IX of the New York State Constitution,
Municipal Home Rule Law § 10, New York Town Law § 130,
and the zoning powers conferred by Article 16 of the Town Law.
As used in this article, the following terms shall have the
meanings indicated:
A facility the main purpose of which is to use anaerobic
digestion to convert livestock and poultry manure (primary catalyst)
and feedstock into biogas, which is generally burned on site to produce
electricity, heat and water as well as to manage livestock and poultry
manure. Anaerobic digesters may include codigestion in which the livestock
and poultry manure may be mixed with other organic materials (secondary
catalysts).
A series of processes in which microorganisms break down
biodegradable material in the absence of oxygen, used for industrial
or domestic purposes to manage waste and release energy.
The person or entity filing application under this article.
A fuel consisting of methane, carbon dioxide and small amounts
of water and other compounds produced as a result of anaerobic digestion.
Anaerobic digestion of multiple biodegradable materials.
Any material which may be converted to methane gas by the
process of anaerobic digestion. Nothing contained in this definition
shall be construed to permit the use of any material generated off
site in small anaerobic digesters as defined and regulated herein.
An anaerobic digester which accepts animal waste, feedstock,
and/or other organic waste generated off site or from more than one
farm. It is noted that any system with a nameplate generating capacity
of 25 megawatts or more is subject to the requirements, terms and
conditions of Article 10 of the New York State Public Service Law.
An anaerobic digester primarily intended to reduce on-site
consumption of utility power. A system is considered a small anaerobic
digester only if it supplies electricity or thermal power for on-site
use, except that when a property upon which the facility is installed
also receives electrical power from a utility company, excess electrical
power not presently needed for on-site use may be used by the utility
company. Small anaerobic digesters use livestock and poultry manure
and other feedstock generated on site by one farm and are designed
and intended solely to generate power to offset utility costs. Small
anaerobic digesters may include codigestion.
Small anaerobic digester systems are permitted as an accessory
use to farming operations in any zone where agricultural uses are
permitted subject to the definition of "small anaerobic digester”
as set forth above and also to the following:
A.
Setbacks
and lot requirements.
(1)
Small
anaerobic digesters are permitted only on lots of 10 acres or more.
(2)
Small
anaerobic digesters shall not be located within 100 feet of any side
property line, 100 feet of any rear property line, 300 feet from any
residential structure other than that of the property owner and 100
feet from any public road right-of-way. For purposes of this subsection,
the term “property owner” shall include any person or
persons who own such residential structure and who also have an ownership
interest in any corporation, limited liability company, partnership
or other entity which owns the farm property and/or operation. There
shall be no discharge of any kind on any such road right-of-way.
B.
Small
anaerobic digester permit. The installation of a small anaerobic digester
shall require a small anaerobic digester permit from the Zoning Enforcement
Officer.
C.
Design
and installation. The permit applicant shall address and document
performance standards for siting to minimize impacts on neighboring
properties which shall include considerations of:
D.
The application
shall be accompanied by documentation from a person qualified to design
and install the proposed system, explaining all details of construction,
operation, maintenance and necessary controls related to the system.
E.
Anaerobic
digester systems shall be designed and constructed in compliance with
the regulations and guidelines of the New York State Department of
Environmental Conservation and any amendments, revisions, supplements,
and successors thereto.
F.
Anaerobic
digester systems shall be designed and constructed in compliance with
all applicable local, state, and federal laws, codes and regulations.
Evidence of such compliance and of all federal and state agencies’
required approvals shall be included with the application.
G.
Utility
notification. No anaerobic digester system shall be installed until
evidence has been provided that the electric utility company has been
informed of the applicant’s intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
A.
Statement
of legislative findings.
(1)
The
Town Board finds that there are a number of concerns and negative
factors concerning the operation of large anaerobic digesters. While
small anaerobic digesters as defined above are an accessory use to
and a normal part of handling animal and other organic waste incidental
to farming, large anaerobic digesters involve factors which concern
the Town Board on a much larger scale.
(2)
These
factors include the presence of pathogens and the difficulty of monitoring
the source of such pathogens when waste is brought in from off site.
They also include odor and noise from operation of the facility, truck
traffic and the potential that waste material would be hauled through
residential areas or spilled on public highways, and the emission
of greenhouse gases, nitrogen, sulfur oxides, carbon monoxide, ammonia
and particulate matter on a much larger scale than with small anaerobic
digesters.
(3)
The
Town Board finds that these concerns and factors render large anaerobic
digesters to be an unsuitable use within the Town of Lowville.
