Town of Cortlandville, NY Article IV Small Wind Energy Conversion Systems

§ 175-23 Small wind energy systems (WECS).

Intent. This section regulates and provides standards for small wind energy systems (WECS) designed for on-site home and farm use, and that are primary used to reduce on-site consumption of public-utility-generated and distributed electricity. The intent of this section is to encourage the development of small wind energy systems and to protect the public health, safety and community welfare.

A. Permit required.

(1) No WECS shall be constructed, reconstructed, modified or operated in the Town of Cortlandville except in compliance with this section.

(2) No wind measurement tower shall be constructed or operated except in conjunction with and as part of an application for a small WECS.

(3) No transfer of real property on which a small WECS is situated shall eliminate the liability of the owner of such property from compliance with this section and the conditions of the conditional permit issued for such WECS.

(4) Notwithstanding the requirements of this section, replacement in kind of a small WECS may occur without Town approval when there will be:

(a) No increase in total height;

(b) No change in location;

(c) No additional lighting or change of facility color;

(d) No increase in noise produced by the WECS.

B. Permitted areas:

(1) Agricultural District on lots greater than two acres.

(2) R-1 District on lots greater than two acres.

C. Height limitations.

(1) Agricultural District: 100 feet.

(2) R-1 District on lots less than three acres: 40 feet.

(3) R-1 District on lots greater than three acres: 60 feet when documentation shows a need for a height greater than 40 feet.

D. Setback. All WECS shall be set back from all property lines a minimum of 1.5 times the total height of the WECS.

E. Application. A conditional permit (Article XIV) is required for all WECS. The Planning Board shall hold a public hearing with notification of all property owners adjacent to the proposed tower site or within one mile of the proposed tower site.

F. Standards.

(1) Only one small WECS per lot shall be allowed. More than one may be permitted as long as each has the required minimum lot size and the applicant demonstrates that the electric needs of the user exceed the power generation capability of one WECS.

(2) The height allowed shall be reduced if necessary to comply with all federal aviation requirements and § 178-115 of the Code of the Town of Cortlandville.

(3) The maximum turbine power output is limited to 10 KW unless the applicant demonstrates to the Town Planning Board that a larger turbine is necessary to meet the historical or projected energy needs of the applicant.

(4) The system tower and components shall be painted a nonreflective, unobtrusive color that blends the system and components into the surrounding landscape.

(5) The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails) and from adjacent properties.

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

(7) All on-site electric wires associated with the system shall be installed underground except for "tie-ins" to a utility company and public utility transmission poles, towers and lines. The Planning Board may modify this standard if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.

(8) The system shall be operated such that no electromagnetic interference is caused. If it has been demonstrated to the Planning Board that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.

(9) At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm therefrom. No brand names, logo or advertising shall be placed or painted on the tower or components where it would be visible from the ground, except that a system or tower manufacturer's logo may be displayed on a system housing in an unobtrusive manner.

(10) Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:

(a) Tower climbing apparatus located no closer than 12 feet from the ground.

(b) A locked anti-climbing device installed on the tower.

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

(11) 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 enclosed by a fence six feet in height or sheathed in bright orange or yellow covering from three feet to eight feet above the ground.

(12) The minimum height above the ground of the lowest part of the wind turbine blade shall be at least 15 feet.

(13) The level of noise produced during WECS operation shall follows the levels established in § 175-15A, measured at the boundaries of the closest parcel to the WECS site.

(14) All small WECS tower structures shall be designed and constructed to be in compliance with applicable provisions of the New York State Uniform Fire Prevention Building Code, and generally accepted engineering practices.

(15) All WECS shall be equipped with manual and automatic overspeed controls. The manufacturer shall certify the conformance of rotor overspeed control design and fabrication, with good engineering practices.

(16) No WECS shall be constructed or operated so as to create artificial habitat for raptor prey. Electrical boxes, perching opportunities, etc., shall to the maximum extent possible be minimized.

(17) No experimental, home built, or prototype wind turbine shall be allowed without documentation by the applicant of their maximum probable blade throw distance in the event of failure and determination by the Planning Board of appropriate setback distances on the basis of that documentation.

(18) A WECS shall be set back at least 1,000 feet from any important bird area as identified by The New York Audubon Society and from state-listed wetlands.

(19) All WECS shall be maintained in good condition and in accordance with all requirements of this section.

G. Abandonment of use. A small WECS which is not used to produce electricity for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner within nine months after notice from the Town Planning Board.