This chapter may be cited as the "Wind Energy Facilities Local
Law" of the Town of New Hartford, New York.
The Town Board of the Town of New Hartford adopts this Wind
Energy Facilities Local Law to promote the effective and efficient
use of the Town's wind energy resource through wind energy conversion
systems (WECS), without harming public health and safety, and to avoid
jeopardizing the welfare of the residents.
The Town Board of the Town of New Hartford enacts this Wind
Energy Facilities Local Law under the authority granted by:
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), and § 10(1)(d)(3).
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 § 64(17-a) (protection of aesthetic interests)
and (23) (General powers).
F.
New York Real Property Tax Law § 487.
A.
The Town Board of the Town of New Hartford finds and declares that:
(1)
While wind energy is a renewable energy resource, there are significant
impacts, including noise, shadow flicker, and aesthetic and physical
hazards, such that the potential benefits must be balanced against
potential impacts.
(2)
The generation of electricity from properly sited small wind turbines
can be a mechanism for reducing on-site electric costs, with a minimum
of environmental impacts.
(3)
Regulation of the siting and installation of wind energy facilities
is necessary for protecting the health, safety, and welfare of neighboring
property owners and the general public.
(4)
Utility-scale wind energy facilities represent significant potential
aesthetic impacts because of their large size, noise, lighting, and
shadow flicker effects.
(5)
One of the key aspects of the Town of New Hartford, and one that
set it apart from many communities in the state, are the unique viewsheds
created by the Town of New Hartford's location. In the Town of
New Hartford the viewshed is a significant part of the residential
property value of many communities within the Town. There are numerous
areas in the Town of New Hartford which would be significantly impaired
if the viewshed included utility-scale wind energy facilities.
(6)
Installation of utility-scale wind energy facilities can create drainage
problems, through erosion and lack of sediment control for facility
and access road sites, and harm farmlands and residential growth through
improper construction methods.
(7)
The Town of New Hartford does not have the low density of residences
typically found in wind farm host communities where wind energy facilities
have found their greatest acceptance and the wind resource is strongest,
such as in North Texas, Iowa or Wyoming. Residential density is spread
out evenly along a few key roads, The pattern of residentially used
land creates a pattern with residential properties intermingled with
agricultural properties.
(8)
There are significant historic and recreational resources in the
Town of New Hartford and in adjoining towns that would be harmed by
the construction of utility-scale wind energy facilities in the Town,
including parks, golf courses, trails, hunting grounds and historic
properties. There would be a negative impact on these resources by
the inclusion of one or more utility-scale wind energy facilities
across the landscape of the Town.
(9)
Utility-scale wind energy facilities may present risks to the property
values of adjoining property owners.
(10)
Utility-scale wind energy facilities may be significant sources
of noise, which, if not properly and adequately regulated, can negatively
impact adjoining properties, particularly in areas of low background
noise levels.
(11)
Numerous residents of other towns have complained about high
sound levels from operation of large industrial wind energy facilities
installed near homes. These complaints have occurred despite the fact
that preconstruction analytical predictions concluded that sound levels
would be within acceptable limits. This may be due to facts such as
atmospheric conditions, temperature inversions, wind layers, geography
and low-frequency noise which travels farther with greater intensity
than higher frequency noise. In addition, at night when air stabilizes
near ground level, elevated wind turbine noise can travel farther
than expected and can be five to 15 dBA louder than predicted with
conventional models. (See Kamperman and James 2008; Acoustic Ecology
Institute Special Report: Wind Farm noise, Science and Policy 2011.)
This leads to the conclusion that preconstruction analytical predictions
of sound must comply with appropriate standards and be independently
verified. Minimum setbacks from residences are necessary to mitigate
noise impacts due to the uncertainty of these models.
(12)
While mechanical sounds of wind turbines have been reduced by
modern designs, aerodynamic sounds by air turbulence around the turbine
blades have increased with increasing turbine size.
(13)
The closer people live to wind energy facilities the more likely
they will experience noise annoyance or develop adverse health effects
from noise. However, it is common for those located very close to
a wind energy facility or facilities to hear less noise than those
farther away, due to the formation of a shadow zone upwind of the
turbine. This has been demonstrated by the on-going problems reported
by residents in the Town of Fairfield in which industrial wind energy
facilities have become operational recently. This has also been demonstrated
by continuing reports of problems related to noise at other recent
wind energy projects throughout the United States. Further, the degree
of difficulties resulting from the sound of wind energy facilities
seems clearly related to the distance from the turbines, though the
literature has studied a variety of turbine sizes in a variety of
locations. A setback of 2,460 feet from residences would eliminate
most noise complaints. Research conducted by Bajdek (2007) showed
that at approximately 0.8 km (1/2 mile) from wind turbines, 44% of
the population would be highly annoyed by wind turbine noise. At a
distance of approximately 1.62 km (1 mile) from wind turbines, the
percentage of highly annoyed people is expected to drop to 4%. Kamperman
and James reviewed several studies to determine the impact of wind
turbine noise on nearby residents. Their review showed that some residents
living as far as two miles from wind turbines complained of sleep
disturbance from turbine noise, and many residents living 1,000 feet
from wind turbines experienced major sleep disruption and other health
problems from nighttime turbine noise. Van den Berg (2006) studied
a wind farm in northwestern Germany and discovered that residents
living 500 meters (1,640 feet) from the wind turbines reacted strongly
to wind turbine noise and residents up to 1,900 meters (1.18 miles)
from the wind turbines expressed annoyance. A survey conducted be
Pedersen and Waye (2008) found that less than 10% of the respondents
experienced sleep disturbance at distances of 1,984 feet to 3,325
feet and found that the sound from wind turbines was of greater concern
in rural environments because of the lower ambient noise. The Town
of New Hartford notes with approval that wind project developer NorthWind
and Power LLC (November 23, 2009) has stated in its marketing literature
that the "minimum distance from residences owned by nonparticipating
landowners: 2,500 feet.
(14)
Several studies recommend that wind turbines be located between
1/2 mile to over one mile from residences. To avoid adverse noise
impacts, the Western Australia Planning Commission Bulletin recommends
that wind energy systems include sufficient buffers or setbacks to
residences of 1 km (0.62 mile). The National Wind Collaborating Committee
states that an appropriate setback distance may be up to 1/2 mile.
The National Research Council states that noise produced by wind turbines
generally is not a major concern for humans beyond one mile or so.
The Wisconsin Towns of Woodville, Clay Banks, Magnolia, Wilton and
Ridgeville recently adopted large-wind-turbine ordinances with setbacks
of 1/2 mile from residences. The French National Academy of Medicine
and the UK noise Association suggest a 1.5 km (approximately one mile)
distance between large wind turbines and residences. See Gueniot (2006);
Dr. Amanda Harry (2007), Dr. Nina Pierpont (2006), and Frey and Hadden
(2007) recommend a setback greater than one mile.
(15)
It is noted that the Wind Turbine Handbook (Burton, 2001, January
2008 Printing) notes that a ten-rotor-diameter setback is likely necessary
to protect from the impact of noise, shadow flicker and visual domination.
The Department of the Environment, Northern Ireland (2009), establishes
a best practice guideline of a separation distance between a WECS
and occupied property of 10 times the rotor diameter.
(16)
It is noted that The New York State Department of Environmental
Conservation document Assessing and Mitigating Noise Impacts (2001)
teaches that sound levels that are zero to five decibels above ambient
are unnoticed to tolerable, whereas noise increases over five decibels
are considered intrusive. This document further states: "Appropriate
receptor locations may be either at the property line of the parcel
on which the facility is located or at the location of use or inhabitance
on adjacent property," and "The most conservative approach uses the
property line."
(17)
Background sound levels in rural residential areas in New York
are commonly in the range of 20 dBA to 30 dBA at night. See Kamperman
and James (2008), pg. 2.
(18)
A C-weighted sound determination dBC is needed to minimize adverse
health effects from low-frequency noise. A dBC requirement will likely
result in setbacks between large wind turbines and nearby residences
of one km (0.62 mile) or greater for 1.5- to three-megawatt wind turbines
if wind turbines are located in rural areas where L90A background
levels are close to 30 dBA. (See Kamperman & James: WHO 1999;
Bajdek Noise-Con 2007; Pedersen and Waye 2008.)
(19)
Wind turbines may present a risk to bird and bat populations
if not properly sited.
(20)
Utility-scale wind energy facilities have a life of approximately
20 years and can potentially operate 24 hours a day. It is expected
that, over 20 years, land use patterns will change with the long-term
trend being increased in residential use as compared to agricultural
use. Thus, prediction of sound impact should consider property lines
at locations authorized for residential purposes rather than preexisting
residences.
(21)
Construction of utility-scale wind energy facilities can create
traffic problems and damage local roads.
(22)
Many seasonal and year-round residents rely on wireless telephone
service for both routine and emergency communications. Similarly,
many residents rely on broadcast data and television. If improperly
sited, utility-scale wind energy facilities can interfere with these
or other types of communications. It is difficult to analytically
predict the impact on radio communications from utility-scale wind
energy facilities, yet the potential impairment of access to emergency
services is an unacceptable risk.
(23)
Sufficient areas exist in the County of Oneida and region for
the placement of any needed utility-scale wind energy facilities.
Wind energy facilities are being constructed in other communities
in the region. Hundreds of megawatts of wind-energy-generating facilities
are being constructed throughout the region in areas where the facilities
do not present the same intrusion on the landscape and therefore have
less impact.
(24)
According to a National Agricultural Aviation Association article
on meteorological ("met") towers, "Met testing towers are used for
gathering wind data during the development and siting of wind energy
conversion facilities. The met towers consist of galvanized tubing
that are assembled at the site and raised and supported using guy
wires. Agricultural pilots, emergency medical services (EMS) operations,
fish and wildlife, animal damage control, aerial fire suppression,
and any other low-level flying operation may be affected. The fact
that these towers are narrow, unmarked, and grey in color makes for
a structure that is nearly invisible under some atmospheric conditions."
This has led to at least one fatality, described in National Transportation
Safety Board, Preliminary Report Aviation NTSB ID: WPR11LA094. Wind
measurement towers are typically sized to avoid regulatory review
by the FAA.
(25)
The Town of New Hartford is unique from other area towns that
are hosting or considering the hosting of utility-scale wind energy
facilities inasmuch as it is an affluent suburban town and regional
economic center. These factors make the Town of New Hartford an attractive
area for future residential and commercial development.
(26)
The Town of New Hartford is situated at a significantly higher
elevation than adjacent population centers. This results in more moderate
summers and colder winters, often with more snowfall than surrounding
areas. The enjoyment of the outdoors in the summer and snow sports
in winter combined with the peaceful character are factors which are
frequently cited by local residents as attractive aspects of the Town
despite the more severe winter conditions.
(27)
A utility-scale wind energy facility is typically hundreds of
feet tall. Decommissioning of such a structure is complex, dangerous
work. Material scrap values vary greatly on daily to yearly time scales.
Thus, it is inappropriate to accept scrap values as security for decommissioning.
(28)
Adverse health effects from wind turbine noise can be exacerbated
by the rotating blades and shadows from the wind turbines. As wind
turbine blades rotate in front of a rising or setting sun, they cast
a strobe-like flicker that cannot be avoided by occupants. Shadow
flicker can cause some people to become dizzy, nauseated or lose their
balance when they see the movement of the shadow. Shadow flicker from
wind turbines at greater than three Hz poses a potential risk of inducing
photosensitive seizures. While turbines are generally designed to
avoid shadow flicker of this frequency, higher frequencies can be
generated if the shadows from two of more turbines are combined. Recent
research has indicated that the risk of seizures does not decrease
appreciably until the viewing distance exceeds 100 times the height
of the hub, a distance typically more than 4 km. [See Harding, et
al., (2008).] Smedley, et al. (2010), however, concluded that the
risk of seizures diminished when the observer was greater than 1.2
times the turbine height and looking directly into the sun but noted
that eye closure is a natural immediate protective action when exposed
to flicker, and so has the unfortunate consequence of exacerbating
its adverse effect in this context. Considering that an observer might
close the eyes, Smedley et al. found that "For the scenarios considered,
we find the risk is negligible at a distance more than about nine
times the maximum height reached by the turbine blade, a distance
similar to that in guidance from the United Kingdom planning authorities."
Further, the National Wind Coordinating Committee (1998) recommends
a setback of 10 rotor diameters to avoid shadow flicker on occupied
structures. [See also: Cummings (2008); Burton et al. (2001); UK Noise
Association (2006); and Pierpont (2006a and 2006b]. The Town of New
Hartford concludes that wind turbines should be sited such that shadows
from wind turbine blades do not fall upon the windows of nearby residences
or within 100 feet of residences for any considerable period.
(29)
Low-frequency vibrations or infrasound may cause health impacts
even if inaudible. Recent field testing in Falmouth, MA, indicated
that in a home located 1,300 feet from one turbine and 1,700 feet
from another, excessive infrasound was present inside the home while
not measurable outside the home [See Ambrose and Rand (2011).] Previous
studies of infrasound from wind turbines have shown levels to be low
in outdoor testing, while others have effectively measured infrasound
outdoors near turbines when the atmosphere is stable, for example
at night [See Van den Berg (2006).] In the Ambrose and Rand study,
testing indicated that infrasound was magnified (10-decibel gain)
by a whole-house cavity response and was likened to "living in a drum."
The investigators were surprised to experience the same adverse health
symptoms described by residents of the house and those near other
large industrial wind turbine sites. The onset of adverse health effects
was swift, within 20 minutes, and persisted for some time after leaving
the study area. Ambrose and Rand correlated their symptoms to turbine
operation and infrasound measurements and found that infrasound pulsations
at levels sufficient to stimulate the ear's outer hair cells
(OHC) and thus cause vestibular dysfunction (see Dr. Salt 2011) were
present when the turbines were operating. Dysfunctions in the vestibular
system can cause disequilibrium, nausea, vertigo, anxiety, and panic
attacks, which have been reported near a number of industrial wind
turbine facilities. Similar adverse health symptoms have been associated
with noise complaints such as sick building syndrome, correlated by
field study to low-frequency pulsations emanating from ventilation
systems. [See Burt, (1996); Shwartz (2008).] That is, adverse health
effects from low-frequency noise exposure in buildings have been studied
and confirmed by the acoustics profession. Ambrose and Rand conclude
that their study underscores the need for more effective and precautionary
setback distances for industrial wind turbines.
(30)
If placed too close to a road, the movement of the wind turbine
blades and resulting shadow flicker can distract drivers and lead
to accidents. [See National Research Council (2007), pg. 161.]
(31)
The Town of New Hartford does not have as abundant energy resources
as many other areas of the State of New York. The Town Board of the
Town of New Hartford notes that according to the National Renewable
Energy Lab, wind energy densities at a height of 50 meters in and
around the Town of New Hartford are generally rated as poor or marginal,
whereas utility-scale wind energy facilities located in Lewis County
are located in areas rated as fair or good at the same height. By
comparison, offshore areas in the Great Lakes, Long Island Sound or
the Atlantic Ocean are rated as good, excellent or outstanding; see
NREL (2009). The wind resource is often not available in the Town
of New Hartford when needed to meet peak load. The Town Board of the
Town of New Hartford notes that GE Energy (2005, p. 2.5) reports that
"The results show that the effective capacities, UCAP, of the inland
wind sites in New York are about 10% of their rated capacities, even
though their energy capacity factors are on the order of 30%. This
is due to both the seasonal and daily patterns of the wind generation
being largely out-of-phase with NYISO load patterns. The offshore
wind generation site near Long Island exhibits both annual and peak
period effective capacities on the order of 40%, nearly equal to their
energy capacity factors. The higher effective capacity is due to the
daily wind patterns peaking several hours earlier in the day than
the rest of the inland wind sites and therefore being much more in
line with the load demand." According to NYSERDA's small Wind
Explorer program, several areas of the Town are predicted to have
an adequate wind resource for construction of small WECS at heights
of 80 to 120 feet above ground level.
(32)
Wind turbines present risks of physical hazards of collapse,
blade fragmentation and blade throw which must be considered in establishing
setback distances. The California Department of Energy funded a study
of the risk of blade throw and fragmentation as an aid in determining
setback distances. (See Larwood and van Dam, 2006.) The researchers
used a physics-based model which predicted blade fragmentation distances
based on the rotor speed but excluded aerodynamic effects such as
a blade or fragment being carried by the wind. Since the model did
not include the effect of debris being carried by the wind, it may
understate throw distances. For example, one catastrophic failure
of a wind turbine in Denmark was featured on the Discovery Channel
television show Destroyed in Seconds. In that event, blade fragments
were thrown a distance equivalent to 11.6 rotor diameters. In the
Larwood and van Dam study, the researchers concluded that the risk
of a blade throw or fragmentation even ranged from 2% to 0.1% per
turbine per year. The Town Board makes note of two blade fragmentation
events and one tower collapse event at the wind energy facility in
the Town of Fenner through 2009, resulting in a catastrophic failure
rate of 1.9% per turbine per year through 2009.
As used in this chapter, the following terms shall have the
meanings indicated:
A use customarily incidental and subordinate to the principal
use or building, located on the same lot or premises as the principal
use or building.
The land and on-farm buildings, equipment, manure-processing
and -handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation and timber processing. Such farm operation may consist of
one or more parcels of owned or rented land, which parcels may be
contiguous or noncontiguous to each other.
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. Ambient sound 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.
The American National Standards Institute.
The individual or business entity that seeks to secure a
license under this chapter of the Town's municipal Code.
The residual sound heard during lulls in the ambient sound
environment, as defined by ANSI Standard 12.9, Part 2, and represents
the quietest 10% of the time, during any given hour.
A property which meets the requirements for issuance of a
building permit as set forth in the local building code. However,
for a property which is used for agricultural and farm operations
and which is not subdivided into lots for purposes of residential
construction, only that portion of the property abutting a public
highway and extending not more than 500 feet therefrom which meets
the minimum road frontage requirements for issuance of a building
permit shall be considered a buildable lot for purposes of this chapter.
The Code Enforcement Officer appointed by the Town Board
of the Town of New Hartford.
The A-weighted sound pressure level, in decibels; 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 low frequencies and
emphasizes frequencies centered around 1,000 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,
S 1.43-1997 for Type 1 instruments. In this chapter, "dBA" means "LAeq"
unless specified otherwise.
The C-weighted sound pressure level, in decibels; similar
in concept to the A-weighted sound level (dBA), but C-weighting emphasizes
sound frequencies between 20 and 200 Hz and does not de-emphasize
the frequencies below 200 Hz as A-weighting does. dBC 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 S 1.43-1997, Specifications for Integrating Averaging Sound Level
Meters for Type 1 Instruments. In this chapter "dBC" means "Leq" unless
specified otherwise.
A dimensionless unit describing the amplitude of sound and
denoting the ratio between two quantities that are proportional to
power, energy, or intensity. One of these quantities is equal to 20
times the logarithm to the base 10 of the ratio of the measured pressure
to the reference pressure, which is 20 micropascals.
Full 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.
The number of oscillations or cycles per unit of time. Acoustical
frequency is usually expressed in units of hertz (Hz) where one Hz
is equal to one cycle per second.
The total distance measured from the grade of the property
as existed prior to the construction of the wind energy system, facility,
tower, turbine, or related facility at the base to its highest point.
Height shall include the blade extended in a fully vertical position.
Frequency of sound expressed by cycles per second.
A structure is presumed to be historically significant to
the Town of New Hartford if it is located within the Town limits and
was built prior to 1900 or if located outside of the Town of New Hartford
and was built prior to the Town's founding in 1788. Structures
that are associated with important historical figures or events may
also be historically significant regardless of when constructed. All
structures listed on the New York State or Federal Register of Historic
Places are considered significant.
Sound with energy in the frequency range of zero to 20 Hz
is considered to be infrasound. It is normally considered to not be
audible for most people unless in relatively high amplitude. However,
there is a wide range between the most sensitive and least sensitive
people to perception of sound, and perception is not limited to stimulus
of the auditory senses. The most significant exterior noise-induced
vibration in residences occurs in the frequency range between five
Hz and 50 Hz. Levels below the threshold of audibility can cause measurable
vibrations within residence interiors. Conditions that support or
magnify such vibrations may also exist in human body cavities and
organs under certain conditions. See "low-frequency noise (LFN)" for
more information.
International Standards Organization.
A wind energy conversion system larger than 50 kW; a wind
energy facility consisting of a wind turbine, a tower, and associated
control or conversion electronics, which has a nameplate rating of
more than 50 kW (50,000 watts).
The equivalent steady-state sound level which contains the
same acoustic energy as the time-varying sound level during a one-hour
period. It is not necessary that the measurements be taken over a
full one-hour time interval, but sufficient measurements must be available
to allow a valid extrapolation to a one-hour time interval [taken
verbatim from NYSDEC landfill regulations, 6 NYCRR 260.1.14(p)]. Leq
must be reported as an A-weighed or C-weighted sound level, as appropriate,
i.e., LAeq or LCeq. For more information, see "sound pressure level,"
below. Leq is also considered the average sound level during an hour.
Sounds with energy in the lower frequency range of 20 to
200 Hz. Low-frequency noise is deemed to be excessive when the difference
between a C-weighted sound level and an A-weighted sound level is
greater than 20 decibels at any measurement point outside a residence
or other occupied structure.
The location where sound measurements are taken such that
no significant obstruction blocks sound from the site. The measurement
point should be located so as to not be near large objects such as
buildings and in the line-of-sight to the nearest turbines. Proximity
to large buildings or other structures should be twice the largest
dimension of the structure, if possible. Measurement points should
be at quiet locations remote from streetlights, transformers, street
traffic, flowing water and other intermittent noise sources.
For measurements conducted to establish the background noise
levels (LA90 10 min, LC90 10 min, etc.), the maximum wind speed, sampled
within five meters (m) of the microphone and at its height, shall
be less than two meters per second (m/s) (4.5 mph) for valid background
measurements. The wind speed at the WECS blade height shall be at
or above the nominal rated wind speed and operating in its highest
sound output mode. For purposes of enforcement, the wind speed and
direction at the WECS blade height shall be selected to reproduce
the conditions leading to the enforcement action while also restricting
maximum wind speeds at the microphone to less than four m/s nine mph).
For purposes of models used to predict the sound levels and sound
pressure levels of the WECS to be submitted with the application,
the wind speed shall be the speed that will result in the worst-case
LAeq and LCeq sound levels at the nearest nonparticipating properties
to the WECS. If there may be more than one set of nearby sensitive
receptors, models for each such condition shall be evaluated and the
results shall be included in the application.
The maximum rated electrical output of a WECS.
Any unwanted sound. Not all noise needs to be excessively
loud to represent an annoyance or intrusion, thereby becoming unwanted.
The external property boundaries of parcels owned by or leased
by the WECS developers. It is represented on a plot plan view by a
continuous line encompassing all WECS(s) and related equipment associated
with the WECS project.
An historical structure is protected under this chapter if
it is listed on the New York State or Federal Register of Historical
Places or it if predates the Town's founding in 1788, whether
or not located in the Town of New Hartford.
The recognized and mapped property parcel boundary line.
The owner of a parcel within the project boundary.
Any residence for habitation, either seasonally or permanently,
by one or more persons. A residence may be part of a multiresidence
or multipurpose building and shall include buildings such as hotels,
hospitals, motels, dormitories, sanitariums, nursing homes, schools
or other buildings used for educational purposes, or correctional
institutions. In addition to existing residences, properties with
a validly issued building permit for a residential structure shall
also be deemed to be residences for purposes of this chapter.
The swept diameter of the rotating blades of a WECS.
A place or property intended for human habitation, whether
inhabited or not, including but not limited to public parks, state
and federal wildlife areas, the manicured areas of recreational establishments
designed for public use, including but not limited to golf courses,
camp grounds and other nonagricultural state- or federal-licensed
businesses, hunting grounds, whether private or public, schools, day-care
centers, elder-care facilities, hospitals, places of seated assemblage,
nonagricultural businesses and residences. These areas are more likely
to be sensitive to the exposure of the noise, shadow or flicker, etc.,
generated by a wind energy facility.
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.
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 lots are in joint 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 into
an agreement for said facility or a setback agreement shall be considered
a site.
A wind energy facility consisting of a wind turbine, a tower,
and associated control or conversion electronics, which has a nameplate
rating of not more than 50 kW (50,000 watts) or height greater than
120 feet.
The level, expressed in decibels, which is equaled or exceeded
a stated percentage of time. Sound pressure level is spectrally weighted
to correspond to a frequency spectrum of interest. For example, the
A-weighted decibel scale (dBA) represents those frequencies most readily
audible to the human ear. The C-weighted decibel scale (dBC) approximates
response of the human ear to low-frequency sounds. The G-weighted
decibel scale (dBG) is designed to measure infrasound.
A vantage point is a location from which to assess the visual
impact of a wind energy facility. A vantage point is considered strategic
if the public can be expected to congregate there for educational
or civic purposes, religious observance, enjoyment of historic or
cultural resources, or for recreation, whereby the enjoyment of the
natural environment is a key aspect of the recreational activity.
Strategic vantage points include both public and private venues. Some
examples include schools, golf courses, churches, public buildings,
historically significant structures, parks, museums and cemeteries.
Additionally, roads and highways are considered strategic vantage
points.
The Wind Energy Facilities Local Law of the Town of New Hartford.
The structural mast on which a turbine is mounted.
The Town of New Hartford.
The Town Board of the Town of New Hartford.
The height of the WECS to its farthest vertical extension
above ground level.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill"),
but excluding wind measurement towers.
Any wind energy conversion system or wind measurement tower,
including all related infrastructure, electrical lines and equipment,
access roads and accessory structures and facilities.
A permit issued for a wind energy facility other than a wind
measurement tower pursuant to this chapter.
A tower used for the measurement of meteorological data,
such as temperature, wind speed and wind direction.
A permit issued for a wind measurement tower pursuant to
this chapter.
A.
No Large WECS shall be constructed, reconstructed, modified, or operated
anywhere in the Town of New Hartford.
B.
No small WECS (under 50 kW; height under 120 feet) or wind energy
facility comprising a small WECS shall be constructed, reconstructed,
modified, or operated in the Town of New Hartford except pursuant
to and in compliance with a wind energy permit issued pursuant to
this chapter.
C.
No wind measurement tower shall be constructed, reconstructed, modified,
or operated in the Town of New Hartford except in connection with
an application for a small WECS and pursuant to and in compliance
with a wind measurement tower permit issued pursuant to this chapter.
D.
This chapter shall apply to all areas of the Town of New Hartford.
E.
Should any wind energy facility be proposed for siting pursuant to Public Service Law Article X, no Town road may be crossed or licensed for use to permit said facility.
F.
Transfer. No transfer of any WECS, wind energy facility or wind measurement
tower, or permit therefor, nor sale of the entity owning such facility
or holding such permit, including the sale of more than 30% of the
stock of such entity (not counting sales of shares on a public exchange),
shall occur without prior approval of the Town Board, which approval
shall be granted upon receipt of proof of the ability of the successor
to meet all requirements of this chapter; and written acceptance by
the transferee of the obligations of the transferor under this chapter.
No transfer shall eliminate the liability of an applicant or any other
party under this chapter.
G.
Notwithstanding the requirements of this section, replacement in
kind or modification of a permitted WECS may occur without Town Board
approval when there will be no increase in turbine height; no change
in the location of the WECS; no additional lighting or change in facility
color; and no increase in noise produced by the WECS.
A.
The requirements of this Wind Energy Facilities Local Law shall apply
to all wind energy facilities proposed, operated, modified, or constructed
in the Town of New Hartford after the effective date of this Wind
Energy Facilities Local Law.
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 an existing wind energy facility shall be allowed except as allowed under § 117A-6G without full compliance with this chapter.
(3)
Any wind measurement tower 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 said wind energy facility is
obtained.
C.
Wind energy facilities are allowed as an accessory use. Wind energy
facilities constructed and installed in accordance with this chapter
shall not be deemed expansions, extensions or enlargements of a nonconforming
use or structure.
