This chapter may be cited as the "Wind Energy Facility Law of
the Town of Cortlandville, New York."
The Town Board of the Town of Cortlandville adopts this chapter
to promote the effective and efficient use of the Town's wind
energy resource through wind energy conversion systems (WECS), and
to regulate the placement of such systems so that the public health,
safety, and welfare will not be jeopardized.
The Town Board of the Town of Cortlandville enacts this chapter
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.
New York Town Law § 130(1) (Building code), (3) (Electrical
code), (5) (Fire prevention), (7) (Use of streets and highways), (7-a)
(Location of driveways), (11) (Peace, good order and safety), (15)
(Promotion of public welfare), (15-a) (Excavated lands), (16) (Unsafe
buildings), (19) (Trespass), and (25) (Building lines).
E.
New York Town Law § 135 and 138.
F.
New York Town Law § 64(17-a) (protection of aesthetic interests),
(23) (General powers).
The Town Board of the Town of Cortlandville finds and declares
that:
A.
Wind energy is an abundant and renewable energy resource of the Town
and its conversion to electricity may reduce dependence on nonrenewable
energy sources and decrease the air and water pollution that results
from the use of conventional energy sources.
B.
The generation of electricity from properly sited wind turbines,
including small systems, can be cost effective, and existing power
distribution systems can be used to transmit electricity produced.
C.
Regulations of the siting and installation of wind turbines are necessary
for the purpose of protecting the health, safety, and welfare of participating
and nonparticipating neighboring property owners and the general public.
D.
If not properly sited, wind energy facilities can represent significant
potential aesthetic impacts because of their large size, lighting,
and shadow flicker effects.
E.
If not properly regulated, installation of wind energy facilities
can create drainage problems through erosion and lack of sediment
control for facility and access road sites, and harm farmlands through
improper construction methods.
F.
If not properly sited, wind energy facilities may present an undue
risk to bird, bat and other wildlife populations.
G.
If not properly sited, wind energy facilities could conceivably present
the risk of diminution of property values of nonparticipating or adjoining
properties.
H.
Wind energy facilities may be significant sources of noise, shadow
flicker and vibrations, which can negatively impact the health of
nonparticipating or adjoining property residents.
I.
Without proper planning, regulation, and construction of wind energy
facilities can create traffic problems and damage local roads.
J.
If improperly sited, wind energy facilities can cause electromagnetic
interference issues with various types of communications.
K.
The installation of wind energy facilities may affect ground water
supplies.
L.
Distance of setbacks should take into consideration the potential
hazards of ice throws, blade breakage, and tower collapse.
M.
Wind energy facilities may have an effect on future subdivisions,
commercial, residential, or any other development.
A.
A wind energy permit is required for any wind energy facility constructed
in the Town of Cortlandville.
B.
All construction and any restoration or modifications of any wind
energy facility, WECS, small wind energy conversion system, wind measurement
tower or part thereof that is located in agricultural areas will be
done to the maximum extent practicable according to the New York State
Department of Agriculture and Markets Guidelines for Agricultural
Mitigation for Wind Power Projects, subject to landowner approval.
Local zoning laws shall govern the placement of each WEF.
C.
No wind measurement tower greater than 18 feet high shall be constructed,
reconstructed, modified, or operated in the Town of Cortlandville
except pursuant to a wind energy permit issued pursuant to this chapter.
No permit shall be issued for such construction, reconstruction, modification
or operation except in those areas zoned Agricultural.
D.
No small wind energy conversion system shall be constructed, reconstructed,
modified, or operated in the Town of Cortlandville except pursuant
to a wind energy permit issued pursuant to this chapter. This chapter
shall not govern small wind energy conversion systems constructed
prior to the effective date of this chapter unless they are reconstructed
or modified.
E.
Exemptions. No permit or other approval shall be required under this chapter for mechanical nonelectrical WECS utilized solely for agricultural operations, provided the Town Board finds such proposed system or structure exempt or otherwise issues a waiver pursuant to provisions of Article V hereof. In considering an exemption, the Town Board shall find that the proposed location and height of such structure/system does not adversely affect the public health, safety and welfare of the adjoining parcels and property owners.
F.
Transfer. No transfer of any wind energy facility, wind energy permit
or sale of the entity holding the permit for such facility or the
sale of more than 15% of the stock of said permittee (not counting
sales of shares on a public exchange), to a third party, will occur
without prior approval of the Town. Said approval shall be granted
only upon the Town Board finding that the transferee has provided
a written assumption of all the transferor obligations under this
chapter of the wind energy permit, including but not limited to the
host agreement, pilot agreement, cash deposits and such other agreements
relative to the wind energy facility, in a form acceptable to the
Town Attorney. No transfer shall reduce the permittee or any other
party's total obligations owed to the Town under this chapter,
except in the manner as provided herein.
G.
Notwithstanding the requirements of this section, replacement in
kind of a wind energy facility requires Town Board approval. Due to
technology changes, the possible reasons for all WEF replacements
require full review under this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Ambient sound encompasses all sound present in a given environment,
being usually a composite of sounds from many sources near and far.
It includes intermittent noise events, such as, from aircraft flying
over, dogs barking, wind gusts, mobile farm or construction machinery,
and the occasional vehicle traveling along a nearby road. The ambient
also includes insect and other nearby sounds from birds and animals
or people. The nearby and transient events are part of the ambient
sound environment but are not to be considered part of the long-term
background sound.
Refers to or means the American National Standards Institute.
The person or entity filing an application and seeking license
under this chapter.
Background sounds are those heard during lulls in the ambient
sound environment and represent the quietest 10% of the time, for
example, the quietest six minutes during a sixty-minute interval.
A-weighted sound pressure level. A measure of overall sound
pressure level designed to reflect the response of the human ear,
which does not respond equally to all frequencies. It is used to describe
sound in a manner representative of the human ear's response.
It reduces the effects of the low frequencies with respect to the
frequencies centered around 1000 Hz. The resultant sound level is
said to be "weighted" and the units are "dBA." Sound level meters
have an A-weighting network for measuring A-weighted sound levels
(dBA) meeting the characteristics and weighting specified in ANSI
Specifications for Integrating Averaging Sound Level Meters, 51.43-1997,
for Type 1 instruments and be capable of accurate readings (corrections
for internal noise and microphone response permitted) at 20 dBA or
lower. In this chapter dBA means LAeq unless specified otherwise.
C-weighted sound pressure level. Similar in concept to the
A-weighted sound level (dBA) but C-weighting does not de-emphasize
the frequencies below 1k Hz as A-weighting does. It is used for measurements
that must include the contribution of low frequencies in a single
number representing the entire frequency spectrum. Sound level meters
have a C-weighting network for measuring C-weighted sound levels (dBC)
meeting the characteristics and weighting specified in ANSI SI.43-1997,
Specifications for Integrating Averaging Sound Level Meters for Type
1 instruments. In this chapter dBC means L unless specified otherwise.
A standard unit for measuring the sound pressure level. It
is equal to 20 times the logarithm to the base 10 of the ratio of
the pressure of the sound measured to a reference pressure, which
is 20 micropascals.
Environmental assessment form used in the implementation
of the SEQRA as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
Any and all Cortlandville landowners having no contractual
relationship with a wind developer.
Any and all Cortlandville landowners having any contractual
relationship with a wind developer.
A person with demonstrated competence in the specialty of
community noise testing and evaluation who is contracted by the Town
for purposes of noise measurement or evaluation of noise analysis
or noise complaints. An example is a person with full membership in
the Institute of Noise Control Engineers (INCE) or other specialist
who is qualified by education and experience in acoustics and regularly
engaged in community noise testing. While such a consultant is preferably
also a licensed professional engineer, such licensure does not by
itself establish qualification for community noise testing or analysis
without further qualification. The qualified independent acoustical
consultant can have no financial relationship with the wind energy
facility developer or related entity.
Any building suitable for habitation existing in the Town
of Cortlandville on the date an application is received. A residence
may be part of a multi-dwelling or multipurpose building, but shall
not include buildings such as hunting camps, hotels, hospitals, motels,
dormitories, sanitariums, nursing homes, schools or other buildings
used for educational purposes, or correctional institutions.
The diameter of the largest swept area of a rotating turbine
blade.
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.
A distance measured from the centerline of the road right-of-way,
property lines, village limits, edge of wetlands, or closest point
of nonparticipating property line to the base of the turbine or measurement
tower.
The visual effect of viewing the moving shadow of the wind
energy conversion system (WECS) rotor blades when they are in a position
between the receptor (person viewing them) and the sun and/or the
"strobe" lighting effect of this condition as perceived by the receptor
whether directly or indirectly (as in a reflection off a light-colored
wall).
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 a group of individuals controlling single or adjacent properties.
Where multiple contiguous lots are in the same ownership, the combined
lots shall be considered as one for purposes of applying setback requirements.
Any property, which has a wind energy facility or has entered an agreement
for said facility or a setback agreement should not be considered
off-site.
A wind energy conversion system that consists of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 10 kW and which is intended to primarily
reduce consumption of utility power at that location.
Also referred to as "noise level"; the sound pressure level
(SPL) obtained by the use of a sound level meter and frequency weighting
network, such as A, B, or C as specified in American National Standards
Institute specifications of sound level meters (ANSI SI.4-1971, or
the latest approved revision thereof). The unit of measurement is
the decibel. If the frequency weighting employed is not indicated,
the A-weighting shall apply.
The level which is equaled or exceeded a stated percentage
of time. An L10 - 50 dBA indicates that in any hour of the day 50
dBA can be equaled or exceeded only 10% of the time, or for six minutes
in an hour. The measurement of the sound pressure level can be done
according to the International Standard for Acoustic Noise Measurement
Techniques for Wind Generators (IEC 6 1400-1 1), or other accepted
procedures, utilizing the most current method applicable to wind turbines
as determined by either the Town of Cortlandville Town Engineer, or
by the Town of Cortlandville qualified independent acoustical consultant.
The height of the tower to the furthest vertical extension
of the WECS. This is to be measured from preexisting original grade.
The height of the tower from the finished ground elevation
at the tower base to the center of the hub forming the attachment
point for turbine blades.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a wind turbine or windmill), and
is intended for commercial use, as opposed to the small WECS.
Any wind energy conversion system, small wind energy conversion
system or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures
to such systems.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
A permit granted pursuant to this chapter granting the holder
the right to construct, maintain and operate a wind energy facility.
As used in this chapter, a year shall be measured from the
date of permit issue.
A.
The requirements of this chapter shall apply to all wind energy facilities
proposed, operated, modified, or constructed after the effective date
of this chapter, including any wind energy facility applied for, but
not yet approved, prior to the date of this chapter.
B.
Wind energy facilities for which a required permit has been properly
issued and upon which construction has commenced prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter; 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 chapter prior to recommencing production of energy.
(2)
No modification or alteration to a preexisting wind energy facility
shall be allowed without full compliance with this chapter.
(3)
Any wind measurement tower greater than 18 feet high existing on
the effective date of this chapter shall be removed no later than
24 months after said effective date, unless a wind energy permit for
a wind energy facility is obtained.
