An application for a wind energy permit for individual wind
energy conversion system shall include the following:
A. Name, address, telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
physical address and telephone 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 a letter
or other written permission signed by the property owner confirming
that the property owner is familiar with the proposed applications
and authorizing the submission of the application.
C. Address, or other property identification, of each proposed tower
location, including Tax Map section, block and lot number, and coordinates.
D. A description of the project, including the number and maximum rated
capacity (i.e. 1MW, 1.5MW, etc.) of each wind energy conversion system.
E. A plot plan prepared by a licensed surveyor or engineer drawn in
sufficient detail to clearly describe the following:
(1) Property lines and physical dimensions of the site;
(2) Location, approximate dimensions and types of major existing structures
and uses on the site, public roads, and properties within 500 feet
of the boundaries of the proposed wind energy conversion system site.
(3) Location and elevation of each proposed WECS identified by specific
I.D. number, to be assigned by the Town.
(4) Location of all aboveground utility lines, transformers, power lines,
interconnection point with transmission lines and other ancillary
facilities or structures on the site or within 1,500 feet of the wind
energy conversion system.
(5) Location and size of structures above 35 feet within a one-thousand-five-hundred-foot
radius of a proposed WECS. For purposes of this requirement, electrical
transmission and distribution lines, antennas and slender or open
lattice towers are not considered structures.
(6) To demonstrate compliance with the setback requirements of this chapter,
circles drawn around each proposed tower location equal to:
(a)
Two times the total height.
(b)
Five times the total height of the proposed WECS.
(c)
Three thousand two hundred eighty feet (1,000 meters).
(7) Location of all structures with residences on the site.
(8) Location of all structures with residences within 3,280 feet of the
proposed WECS.
(9) All proposed facilities, including access roads, electrical lines,
substations, storage or maintenance units, and fencing.
(10)
The names and addresses of all property owners within a one-mile
radius of each WECS, together with evidence of the current use of
all such property.
F. Vertical drawings of the wind energy conversion system showing total
height, turbine dimensions, tower and turbine colors, ladders, distance
between ground and lowest point of any blade, location of climbing
pegs, and access doors. One drawing must be submitted for each wind
energy conversion system of the same type and total height.
G. Landscaping plan to scale depicting existing vegetation and describing
any areas to be cleared and the species proposed to be added, identified
by species and size of species at installation and their locations.
H. Lighting plan showing any FAA-required lighting and other proposed
lighting. The application should include a copy of the certification
by the Federal Aviation Administration to establish required markings
and/or lights for the structure, but if such determination is not
available at the time of the application, the wind energy permit shall
require the determination be provided prior to commencement of construction
of the WECS.
I. Decommissioning plan: The applicant shall submit a decommissioning
plan, which shall include:
(1) The anticipated life of the WECS;
(2) The estimated decommissioning costs in current dollars;
(3) How said estimate was determined;
(4) Ensuring that funds will be available for decommissioning and restoration consistent with §
175-17C;
(5) Acknowledgment that the decommissioning costs shall be reestimated,
by a licensed engineer, every three years, and that the decommissioning
cost will be kept current indexed to inflation;
(6) The manner in which the WECS will be decommissioned and the site
restored, which shall include removal of all structures and debris
to a depth of four feet, restoration of the soil, and restoration
of vegetation (consistent and in substantial compliance with preexisting
conditions and with surrounding vegetation), except any fencing or
residual minor improvements requested by the landowner and approved
by the Planning Board.
J. Complaint resolution: The application will include a statement that
the operator will adhere to the Cortlandville complaint resolution
process.
K. An application shall include information relating to the construction/installation
of the wind energy conversion facility as follows:
(1) A construction schedule describing commencement and completion dates;
(2) Blasting schedule if known at the time of application; and
(3) A description of the routes to be used by construction and delivery
vehicles, the gross weights and heights of those loaded vehicles.
L. Completed Part I of the full environmental assessment form (FEAF).
M. Applications for wind energy permits for wind measurement towers
subject to this chapter may be jointly submitted with the WECS application.
N. For each proposed WECS, include make, model, photograph and manufacturer's
specifications, including noise decibel data and wind speed specifications.
Include manufacturer's material safety data sheet documentation
for the type and quantity of all materials used in the operation of
all equipment including, but not limited to, all lubricants and coolants.
O. If the applicant agrees in writing in the application that the proposed
WECS may have a significant adverse impact on the environment, the
lead agency may issue a positive declaration of environmental significance
or 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. In either case, the following studies shall
be submitted:
(1) Shadow flicker: The applicant shall conduct a study on potential
shadow flicker. The study shall accurately identify locations where
shadow flicker may be caused by the WECS and the expected durations
of the flicker at these locations. The study shall identify areas
where shadow flicker may interfere with residences or highways and
detail measures that will be taken to mitigate or eliminate such interference.
(2) Visual impact: applications shall include a visual impact study of
the proposed WECS as installed, which shall include a computerized
photographic simulation, demonstrating any visual impacts from strategic
vantage points. Color photographs of each proposed site from at least
two locations accurately depicting the existing conditions shall be
included. The visual analysis shall also indicate the color treatment
of the system's components and any visual screening incorporated
into the project that is intended to lessen the system's visual
prominence.
(3) Fire protection/emergency response plan: A fire protection and emergency
response plan, created in consultation with the fire department(s)
having jurisdiction over the proposed wind energy facility to address
coordination with local emergency/fire protection providers during
any construction or operation phase emergency, hazard or other event.
(4) Noise analysis: A noise analysis by a competent acoustical consultant
selected by the Town of Cortlandville documenting the estimated noise
levels associated with each proposed WECS. The study shall document
worst-case estimated noise levels at property lines and at the nearest
residence not on the site (if access to the nearest residence is not
available, the Cortlandville Planning Board may modify this requirement).
The noise analysis shall be performed according to the International
Standard for Acoustic Noise Measurement Techniques for Wind Generators
(IEC 61400-11), or other procedure accepted by the Town Planning Board,
and shall include both a dBA analysis and dBC analysis. Worst-case
noise impact will be estimated at night under stable wind conditions
where minimal wind occurs at ground level, but turbines are operating.
It shall also include a report prepared by a qualified professional
that analyzes the preexisting background noise levels. The report
shall describe the project's proposed noise-control features.
(5) Property value analysis: Property value analysis prepared by a licensed appraiser and approved by the Cortlandville Planning Board in accordance with industry standards, regarding the potential impact of the project on values of properties in the Town of Cortlandville. The application must include the real estate property value assurance plan (REPVAP) as outlined in §
175-27.
(6) Electromagnetic interference: An assessment of potential electromagnetic
interference with microwave, radio, television, satellite systems,
personal communication systems, heart pacemakers, and other wireless
communication, weather and other radar shall be prepared.
(7) Transportation impacts: An analysis of impacts on local transportation
shall be prepared, regarding impacts anticipated during construction,
reconstruction, modification, or operation of each WECS. Transportation
impacts to be considered shall include, at a minimum, potential damage
to local road surfaces, road beds and associated structures; potential
traffic tie-ups by haulers of WECS' materials; impacts on school
bus routes; impacts of visitors to the WECS' facilities. Local
roads shall include all state highways, county highways, Town highways,
and village streets and highways, which will be or may be used by
the applicant.
(8) Transportation plan: A transportation plan describing routes to be
used in delivery of project components, equipment and building materials,
and those to be used to provide access to the site during and after
construction. Such plan shall also describe any anticipated improvements
to existing roads, bridges or other infrastructure, and measures to
restore damaged/disturbed access routes following construction. Roads
shall include all state highways, county highways, Town highways,
and village streets and highways, which will be or may be used by
the applicant.
(9) Environmental impacts: An analysis of impacts on local groundwater
resources shall be prepared, regarding impacts anticipated during
construction, reconstruction, modification or operation of each WECS.
An assessment of potential immediate and long-term impacts to local
flora and fauna, micro and macro habitats, and groundwater and surface
water related, but not limited to, excavation, blasting, clear-cutting
and grading during the site preparation phase. A geotechnical report
shall include soils engineering and engineering geologic characteristics
of the site based on site sampling and testing, a depth-to-bedrock
profile within one mile of the site, information on depth of well,
average flow rate, and with permission by owner, test of water quality
for all wells within 500 feet of the site, grading criteria for ground
preparation, cuts and fills, soil compaction, and a slope stability
analysis.
(10)
Cultural, historical and archeological resources plan: An analysis
of impacts on cultural, historical and archeological resources shall
be prepared, regarding impacts anticipated during construction, reconstruction,
modification or operation of each WECS. This assessment shall be conducted
in accordance with the New York State Office of Parks, Recreation
and Historic Preservation.
(11)
Wildlife impacts: An analysis of impacts on local wildlife shall
be prepared, regarding impacts anticipated during construction, reconstruction,
modification, or operation of each WECS. Wildlife impacts to be considered
shall include, at a minimum, anticipated impacts on flying creatures
(birds, bats, insects), as well as wild creatures existing at ground
level. An assessment of the impact of the proposed development on
the local flora and fauna will include migratory and resident avian
species and bat species. The scope of such assessment shall be developed
in consultation with the New York State Department of Environmental
Conservation and the United States Fish and Wildlife Service and must
at a minimum consist of preconstruction data of three years, and literature
survey for threatened and endangered species that provide relevant
information on critical flyways, and shall describe the potential
impacts of any proposed facilities on bird and bat species, and an
avoidance or mitigation plan to address any impacts, as well as plans
for three-year post-installation studies.
(12)
Operation and maintenance plan: An operation and maintenance
plan providing for regular periodic wind energy facility schedules,
any special maintenance requirements and procedures and notification
requirements for restarts during icing events.
(13)
Blade throw and ice throw report: A report from a New York State
professional engineer that calculates the maximum distance that ice
from the turbine blades and pieces of turbine blade may be thrown.
(The basis of the calculation and all assumptions must be disclosed.)
The incidence of reported ice and blade throws and the conditions
at the time of the ice and blade throw must be included.
(14)
Stray Voltage Report: An assessment, pre- and post-installation,
of possible stray voltage impacts on the site and neighboring properties
within one mile of the project boundary to show what properties need
upgraded wiring and grounding.
(15)
An analysis of the impact of vibration on structures from the
WECS on adjacent, adjoining or nonparticipating properties.
P. The applicant shall, prior to approval of this project by the Cortlandville
Planning Board, provide proof that it has executed an Interconnection
Agreement with the New York Independent System Operator and the applicable
transmission owner. Applicant shall also provide proof of complying
with Public Service Commission power purchase requirements.
Q. A statement, signed under penalties of perjury, that the information
contained in the application is true and accurate.
R. Proof of continuous liability insurance in the amount of $5,000,000
per occurrence with a total policy minimum of $20,000,000 per year.
This shall be submitted to the Town of Cortlandville indicating coverage
for potential damages or injury to landowners.
S. Disclosure of financial interests: For any financial interest held
by a municipal officer or his or her relative in any wind development
company or its assets within 10 years prior to the date of an application
for a permit under this chapter, the applicant shall disclose in a
separate section of the application the municipal officer or his or
her relative, the addresses of all persons included in the disclosure,
and the nature and scope of the financial interest of each person.
The disclosure shall include all such instances of financial interest
of which the applicant has knowledge, or through the exercise of reasonable
diligence should be able to have knowledge, and the format of the
submission shall be subject to the approval of the Town Board.
T. An accurate twelve-month survey of wind speed data obtained from
an independently installed wind measurement tower and certified by
NYSERDA to determine if it meets the minimum wind speed criteria in
New York State for efficient wind power production.
U. Copies of all applications and proposed plans shall be made available
to the public within seven days of receipt by the Cortlandville Planning
Board and placed in the Town Clerk's office and placed on the
Town of Cortlandville website by the Town Clerk.