Town of Cortlandville, NY Article II Wind Energy Conversion Systems

§ 175-10 Applications for wind energy permits.

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.

§ 175-11 Application review process.

A. Applicants may request a preapplication meeting with the Planning Board or with any consultants retained by the Planning Board for application review. Meetings with the Planning Board shall be conducted in accordance with the Open Meetings Law.

B. Ten copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any waiver of any provision of this article is requested then an application for a waiver and fee shall be submitted, together with the application for a WECS. The waiver application shall comply with Article V and provide in detail the requirement that is being requested to be waived and address the factors in Article V. All waiver requests shall be publicly noticed and shall be heard and may be considered with, prior to or concurrently with the application for a wind energy permit. Applicant may submit a combined application for WECS and associated WEF.

C. The Town Clerk shall forward notice of the application to the Planning Board. The Planning Board shall designate a consultant to review the application and direct the Clerk to forward a copy of the application to the consultant. The consultant shall, within 45 days of receipt, review the application to determine if all information required under this chapter has been provided. With the written consent of the Planning Board, this period may be extended no more than an additional 90 days. If the application is found not to comply, the consultant shall provide the Planning Board a written statement detailing the missing information.

D. If the application is incomplete, the Planning Board shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional application fee shall be required upon submittal of the additional information unless the number of WECS proposed is increased or the application is substantially changed, for the purpose of this provision adding additional properties to the WECS site shall be deemed a substantial change. Upon a resubmission, the application shall be returned to the consultant for their determination as provided in Subsection C hereof, any additional fees for review by the consultant shall be paid by the applicant.

E. Upon receipt of a notice from its consultant that the application is complete, the Town Clerk shall transmit the application to the Planning Board to schedule a hearing as required hereunder. No application shall be noticed for hearing until it has been found to comply with the provisions of this article. The consultant's finding that the application complies with the filing requirement of this article shall not be a finding on the merits or sufficiency of the content in the application or otherwise preclude a review of the EAF or DEIS for the SEQR process on the application, nor shall it restrict the need for further information for said SEQR process determination.

F. The Planning Board shall hold at least one public hearing on the application, and the applicant is required to attend. The public hearing shall be held only after the Town Clerk has advised the Planning Board that the application complies with filing requirements of this article and the Planning Board accepts the application. Notice of the application being found compliant, together with a summary of the application, shall be given by first-class mail to all property owners within three miles of the boundaries of any property where a WECS is proposed (site), and published in the Town's official newspaper, no less than 10 nor more than 20 days before any public hearing. Where any public hearing is adjourned by the Planning Board to hear additional comments, no further publication or mailing shall be required, but in the discretion of the Planning Board such additional notice may be directed. The applicant shall mail the notice of public hearing to all property owners within three miles of the site, and shall submit an affidavit of service indicating all persons and entities to whom mailed. The assessment roll of the Town shall be used to determine mailing addresses. The Town shall publish the notice. Failure of any addressee to receive the notice shall not in any manner affect the validity of the proceedings taken thereon.

G. The Town Board shall act as lead agency for purpose of SEQR review subject to SEQR rules.

H. The public hearing for an application hereunder may be combined with public hearings on any environmental impact statement, other SEQR process or requested waivers (see Article V).

I. SEQRA reviews. Applications for WECS are deemed a Type I project under SEQRA.

J. The Town shall require an escrow agreement and deposit for the engineering, legal, and all reasonable costs related to the review of the application and any environmental impact statements before commencing its review. The Town Board shall determine the amount of such deposit.

K. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town shall issue a statement of findings, which statement may also serve as the Town's decision on the application.

L. Once the Town has accepted the application, held a public hearing, and completed the SEQRA process, the Town Board may then approve, approve with conditions, or deny the application, in accordance with the standards in this article.

§ 175-12 Standards for WECS.

A. The following standards shall apply to all wind energy conversion systems, unless specifically waived by the Town Board as part of a wind energy permit.

(1) All power transmission lines from the tower to any building or other structure shall be located underground unless a variance is granted where it is impossible to bury underground or where actual duress can be shown.

(2) No television, radio or other communication antennas may be affixed or otherwise made part of any wind energy conversion system, except pursuant to the Town Code. Applications may be jointly submitted for wind energy conversion system and telecommunications facilities.

(3) No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.

(4) No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan. All such lighting required for the project shall be dark sky compliant. The application shall include a commitment to retrofit the project with a radar-activated system within two years of being notified by the Town Board. It is understood that these systems are not currently available, but may be in the future.

(5) The applicant shall use measures to reduce the visual impact of wind energy conversion system to the extent possible. The wind energy conversion system shall use tubular towers. All structures in a project shall be finished in a single, nonreflective, matte finish color or a camouflage scheme. Wind energy conversion systems within a multiple wind energy conversion system project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the project to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

(6) The use of guy wires is prohibited.

(7) No wind energy conversion systems shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No wind energy conversion system shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a wind energy conversion system is causing electromagnetic interference, the operator shall take the corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties. If a signal transmission or reception problem occurs with any existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems, it shall be the WECS' operators responsibility to prove that the WECS is not the cause of the problem or else shut down the WECS until the problem is otherwise resolved. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy permit for the specific wind energy conversion system or the entire site causing the interference.

(8) All solid waste, hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all applicable local, New York State, and federal rules and regulations. Any environmental hazard created must be cleaned up to the maximum extent possible, restoring the area to its preexisting condition.

(9) WECS shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided. The use of previously developed areas will be given priority wherever possible. All topsoil disturbed during construction, reconstruction or modification of each WECS will be stockpiled and returned to the site upon completion of the activity which disturbed the soil. Compliance with the current New York State Department of Agriculture and Markets Guidelines for Agricultural Mitigation for Wind Power Projects is required.

(10) Wind energy conversion systems shall be located in a manner that minimizes significant negative impacts on rare, threatened or endangered species in the vicinity, particularly bird and bat species.

(11) Wind energy conversion facilities shall be located in a manner consistent with all applicable state and federal wetland laws and regulations.

(12) Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable local, state and federal laws and regulations.

(13) The maximum total height of any wind energy conversion system shall not exceed 500 feet from existing/original grade.

(14) Construction of the wind energy conversion system shall be limited to the hours of 7:00 a.m. to 7:00 p.m. No work shall be completed on Saturday or Sunday. The Town may impose reasonable conditions to any requested change in work hours, and may issue waivers of this requirement in its sole discretion.

(15) If it is determined that a WECS is causing stray voltage issues, the operator shall take the necessary corrective action to eliminate these problems including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy stray voltage issues is grounds for revocation of the approval for the specific WECS causing the problems.

(16) WECSs shall be located in a manner that minimizes significant negative impacts on the historical and cultural aspects of the community (i.e., high concentration of historic stone houses and buildings). This shall be done in coordination with the New York State Office of Parks, Recreation and Historic Preservation. In addition, the review of New York's Department of State guidelines for Scenic Areas of Statewide Significance should be respected. Negative impacts must be eliminated to the maximum extent possible.

§ 175-13 Required safety measures.

A. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.

B. Fencing: A ten-foot-high fence with a locking portal shall be required to enclose each substation and each tower or group of towers, unless the applicant demonstrates in its application that the towers are nonclimbable and otherwise safe. The color and type of fencing for each WECS installation shall be determined on the basis of individual applications, as safety needs dictate.

C. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of any fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information. The Town may require additional signs based on safety needs.

D. No climbing pegs or tower ladders shall be located closer than 20 feet above ground level at the base of the structure.

E. The minimum distance between the ground and any part of the rotor or blade system shall be 50 feet, provided it complies with all other provisions of this chapter.

F. Wind energy conversion systems shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.

G. WECS shall be set back from residences a sufficient distance, based on a flicker study, to demonstrate that shadow flicker does not adversely affect residences, whether such residences are in or outside of the Town of Cortlandville.

§ 175-14 Traffic routes.

A. Construction of WECS poses potential risks because of the large-size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECS or the associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include minimizing traffic impacts from construction and delivery vehicles; minimizing WECS-related traffic during times of school bus activity; minimizing wear and tear on local roads; and minimizing impacts on local business operations. Wind energy permit conditions may limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public. No land can be taken by eminent domain to create any route.

B. Roads shall remain in existing condition status throughout construction and the applicant shall insure that such roads shall be usable by the general public during construction. The applicant shall fix any damage to the roadways as required by the Town within 48 hours.

C. The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a WECS. A cash deposit shall be made prior to the issuance of any wind energy permit in an amount, determined by the Town, sufficient to compensate the Town for any damage to local roads. Such deposit shall be made in a banking institution in which the Town has a banking relationship.

§ 175-15 Setbacks and noise standards.

A. Requirements.

(1) The equivalent noise level (LEQ), for any ten-minute period of the day, generated by a noise source shall not exceed the limits listed in the table below when measured at the property line.

		Daytime 7:00 a.m. to 7:00 p.m.	Evening 7:00 p.m. to 10:00 p.m.	Nighttime 10:00 p.m. to 7:00 a.m.
	A-weighted (dB)	45	40	35
	C-weighted (dB)	63	58	53

(2) In all cases, the corresponding C-weighted limit shall be the operable A-weighted limit (from the table above) plus 18 dB.

(3) In the event audible noise is due to any operation that contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in the table above shall be reduced by five dB; for impulsive noises the standards in the table above shall be reduced by seven dB; and the standards shall be reduced by 12 dB for highly impulsive noise (ANSI S12.9 Pt. 4).

B. Estimating noise impacts: At the discretion of the Planning Board and at applicant's expense, an application will require certification by an independent acoustical engineer as to the estimated maximum A- and C-weighted sound levels at potentially impacted residential property lines. The firm with which the engineer is associated shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the independent acoustical engineer shall be a member, Board certified of the Institute of Noise Control Engineering of the USA. The predicted noise levels shall then be reviewed by the Town's consulting engineer, or their agent, to establish the validity of the predicted impacts.

C. Enforcement.

(1) Enforcement shall be by measurement. The Town, using the services of the Town Engineer, shall be responsible for and may contract for any enforcement measurements. The Town's engineering contractor shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the consultant's project leader shall be a member, Board certified, of the Institute of Noise Control Engineering of the USA. The following protocol may be modified as certain situations may require by the acoustical engineer as long as modifications are in general conformance with the procedure described below.

(2) Initially a preliminary study shall be conducted for 30 consecutive minutes during the period of highest expected noise level exposure. During the thirty-minute period, the equivalent level (LEQ) generated by the noise source shall be measured. The measurement location shall be on complainant's property line, nearest the noise source. Measurements shall be entirely within the appropriate time period, e.g., during nighttime for nighttime enforcement, and the noise source shall operate continuously (if normal operation) during the thirty-minute measurement.

(3) If the noise source is intermittent or if the noise is not present at the time of the preliminary enforcement survey, a more extensive and detailed survey shall be undertaken to monitor noise levels over a longer period. The applicant shall fully cooperate with Town officials and their agents to ensure accurate measurements, including turning on and off as required.

(4) For both types of surveys, the microphone shall be situated between four and 4.5 feet above the ground. Measurements shall be conducted within the general provisions of ANSI S1.13-2005, and using a meter that meets at least the Type 2 requirements of ANSI S1.4 and S1.4A-1985 (R2006). The instrument noise floor shall be at least 10 dB below the lowest level measured.

(5) A calibrator shall be used as recommended by the manufacturer of the sound-level meter. The fundamental level of the calibrator and the sensitivity of the sound-level meter shall be verified annually by a laboratory using procedures traceable to the National Institute of Standards and Technology.

(6) A windscreen shall be used as recommended by the sound-level meter manufacturer.

(7) An anemometer shall be used to document wind speed and shall have a range of at least five to 15 miles per hour (2.2 to 6.7 meters per second) and an accuracy of at least ± 2 miles per hour (± 0.9 meters per second).

(8) For the detailed, long-term study a compass shall be used to measure wind direction to at least an eight-point resolution: N, NE, E, SE, S, SW, W, NW. Measurements shall be A-weighted, or, alternatively, in one-third-octave bands. For A-weighted measurements, the uncertainty (tolerance) of measurements shall be one dB for a Type 1 meter and two dB for a Type 2 meter. For one-third-octave-band measurements, the meter shall meet the Type 1 requirements of ANSI S12.4 and S12.4a-1985 (R2006), and the uncertainty of measurements shall be less than five dB in each and every one-third-octave band.

(9) For all measurements, the surface wind speed, measured at a height of 1.5 meters, shall be less than five meters per second.

(10) The report shall include a sketch of the site showing distances to the structure(s), to the property line, etc., and several photographs showing the structure(s), the property, and the acoustical instrumentation. All instrumentation shall be listed by manufacturer, model, and serial number. This instrumentation listing shall also include the A-weighted and C-weighted noise floor due to weather or other natural phenomena and the one-third octave band noise floors, if utilized, for each sound-level meter used.

D. Setback distances. Each WECS shall be set back from site boundaries, measured from the center of the WECS:

(1) Three thousand two hundred eighty feet from the nearest site boundary property line.

(2) Five times the total height of the proposed WECS from the nearest public road.

(3) Three thousand two hundred eighty feet from the Village of McGraw and City of Cortland boundaries.

(4) Five times the total height of the proposed WECS from any non-WECS structure or aboveground utilities.

(5) Two times the total height of the proposed WECS from state and federal wetlands.

(6) Five thousand feet from the property lines of a school, hospital, community center, or church (not to include a church-owned cemetery).

(7) Notwithstanding the foregoing, in the event of a difference in setback requirements herein and those recommended by the manufacturer of the equipment to be installed, the larger setback shall apply.

(8) From all site boundary lines, the first 100 feet shall be a green buffer zone to provide natural screening. For the purpose of this chapter a green buffer zone shall be defined as an area without structures and left naturally vegetated or in an agricultural use. Cutting and clearing within the green buffer zone is prohibited except in connection with agricultural uses or as necessary to construct and maintain WEF access roads and electric lines.

§ 175-16 Issuance of wind energy permits.

A. Upon completion of the review process, the Planning Board shall, upon consideration of the standard in this chapter, issue a written decision with its findings in support of its approval, approval with conditions or disapproval, fully stated, and forward such decision and its recommendation to the Town Board.

B. If approved, the Town Board will issue a wind energy permit upon satisfaction of all conditions for said permit and completion of the SEQRA process, and upon applicant demonstrating compliance with the Uniform Fire Prevention and Building Code and the other preconstruction conditions of this chapter.

C. The decision of the Town Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by registered mail, return receipt requested.

D. If any approved wind energy facility has not commenced construction within one year of issuance of the wind energy permit, the wind energy permit shall expire. Upon written request of the owner, the wind energy permit may be extended for one year so long as the project is unchanged.

§ 175-17 Abatement.

A. The applicant will supply an annual report of electrical production by turbine. If any WECS fails to generate electricity for a continuous period of one year, the Town Board may determine that it is "nonfunctional or inoperative," and require the owner (for the purpose of this § 175-17, an owner is the holder of the wind energy permit) to remove said WECS at its own expense. Removal of the WECS shall include at least the entire aboveground structure and connected facilities down to four feet below grade, including transmission equipment and fencing and such other associated parts as the Town Board may direct. This provision shall not apply if the Town finds that the owner has been making good faith efforts to restore the wind energy conversion system to an operable condition, or if the nonfunctional or inoperative condition is the result of a force majeure event beyond the owner's control. Nothing in this provision shall limit the Town's ability to order a remedial action plan after hearing. The Town shall provide the owner with at least 15 days notice of the hearing. The owner may present evidence at the hearing on the functioning or operation of the system, or explanation for delay in repair during such period. At such hearing, in order to warrant decommissioning of the system or any part thereof, the Town must first find by a preponderance of the evidence submitted and presented, that the WECS or any part thereof has been nonfunctional or inoperative continuously for 12 months. The Town after such hearing may order the removal of the WECS system or any part thereof (down to four feet below grade) that it finds has been nonfunctional or inoperative. Upon direction by the Town Board to the owner of a WECS to remove any system or part thereof and the failure of the owner to comply with such directive or to substantially commence such removal within 30 days of the directive, then the Town may proceed against the cash deposit as established hereinafter in compliance with § 175-17C hereof.

B. Generation of electricity (or lack thereof) by a WECS may be proven by reports or documents provided to the Public Service Commission, NYSERDA, New York Independent System Operator, or other reporting agencies or by lack of generation of revenues from the sale of energy. The owner shall make available (subject to a nondisclosure agreement) to the Town Board all reports to and from the purchaser of energy from the wind energy conversion systems, if requested, and such other reports it finds necessary to prove the WECS is functioning. All such reports submitted by the owner may be redacted as necessary to protect proprietary information. Failure to provide such information as requested shall be the basis for the revocation of any operating permit.

C. Decommissioning fund: The owners shall continuously maintain a cash deposit, in a form and from a provider approved by the Town for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This cash deposit shall be adjusted every three years for changes in costs of decommissioning and restoration as well as adjusted for inflation. The cash deposit shall be maintained in a bank licensed and authorized to do business in the State of New York, or such other financial institution so authorized and approved by the Town Board. All costs of the financial security shall be borne by the owner. The cash deposit shall be fully in place before commencement of construction of any portion of wind energy conversion system. Any wind energy permit issued shall restrict construction until the deposit has been approved and accepted by the Town Board.

§ 175-18 Limitations on approvals; easements on Town property.

A. Nothing in this chapter shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.

B. Future construction of residence or dwellings within a distance of 1 1/2 times the tower height from any tower on an approved site shall be restricted and not allowed unless an application for a waiver and modification of such approved site is made and approved by the Town Board. The application for the waiver shall comply with Article V hereof.

C. Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state or local law.

§ 175-19 Permit revocation.

A. Testing fund: A wind energy permit shall contain a requirement that the owner fund periodic noise testing by a qualified independent third-party acoustical measurement consultant approved by the Town Board, which may be required every two years, or more frequently upon request of the Town Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the wind energy permit and this chapter and shall also include an evaluation of any complaints received by the Town. The owner shall have 15 days after written notice from the Town Board, to cure any deficiency. An extension of the fifteen-day period may be considered by the Town Board, but the total period may not exceed 90 days. The complainant shall be notified of any request for such extension. The Town Board has the right to shut down the WEF immediately if the Town Board determines that an emergency has occurred.

B. Operation: A wind energy conversion system shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a wind energy conversion system become inoperable, or should any part of the wind energy conversion system be damaged, or should a wind energy conversion system violate a permit condition, the owner shall remedy the situation within 15 days after written notice from the Town Board. The owner shall have 15 days after written notice from the Town Board, to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 90 days.

C. Notwithstanding any other abatement provision under this chapter, and consistent with § 175-19A, if the wind energy conversion system is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public hearing at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance: 1) order either remedial action within a particular time frame, or 2) order revocation of the wind energy permit for the wind energy conversion system and require the removal of the wind energy conversion system within 90 days. If the wind energy conversion system is not removed, the Town Board shall have the right to use part or all of the cash deposit to remove the wind energy conversion system.