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:
A. Article
IX of the New York State Constitution, § 2(c)(6) and (10).
B. New York Statute of Local Governments § 10(1) and (7).
C. New York Municipal Home Rule Law § 10(1)(i) and (ii) and
§ 10(1)(a)(6), (11), (12), and (14), 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.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY USE
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.
AGRICULTURAL OR FARM OPERATIONS
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.
AMBIENT SOUND
Encompasses all sound present in a given environment, being
usually a composite of sounds from many sources near and far. It includes
intermittent noise events, such as from aircraft flying over, dogs
barking, wind gusts, mobile farm or construction machinery, and the
occasional vehicle traveling along a nearby road. 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.
ANSI
The American National Standards Institute.
APPLICANT
The individual or business entity that seeks to secure a
license under this chapter of the Town's municipal Code.
BACKGROUND SOUND
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.
BUILDABLE LOT
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.
dBA
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.
dBC
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.
DECIBEL
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.
EAF
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.
FREQUENCY
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.
HEIGHT
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.
HERTZ (Hz)
Frequency of sound expressed by cycles per second.
HISTORICALLY SIGNIFICANT STRUCTURE
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.
INFRASOUND
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.
ISO
International Standards Organization.
LARGE WIND ENERGY CONVERSION SYSTEM or LARGE WECS
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).
Leq
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.
LOW-FREQUENCY NOISE (LFN)
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.
MEASUREMENT POINT (MP)
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.
MEASUREMENT WIND SPEED
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.
NOISE
Any unwanted sound. Not all noise needs to be excessively
loud to represent an annoyance or intrusion, thereby becoming unwanted.
PROJECT BOUNDARY
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.
PROJECTED HISTORIC STRUCTURE
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.
PROPERTY LINE
The recognized and mapped property parcel boundary line.
RESIDENCE
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.
SENSITIVE RECEPTOR
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.
SEQRA
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.
SITE
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.
SMALL WIND ENERGY CONVERSION SYSTEM or SMALL WECS
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.
SOUND PRESSURE LEVEL
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.
STRATEGIC VANTAGE POINT
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.
THIS CHAPTER
The Wind Energy Facilities Local Law of the Town of New Hartford.
TOWER
The structural mast on which a turbine is mounted.
TOWN
The Town of New Hartford.
TOWN BOARD
The Town Board of the Town of New Hartford.
TURBINE HEIGHT
The height of the WECS to its farthest vertical extension
above ground level.
WIND ENERGY CONVERSION SYSTEM or WECS
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.
WIND ENERGY FACILITY
Any wind energy conversion system or wind measurement tower,
including all related infrastructure, electrical lines and equipment,
access roads and accessory structures and facilities.
WIND ENERGY PERMIT
A permit issued for a wind energy facility other than a wind
measurement tower pursuant to this chapter.