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Town of New Hartford, NY
Oneida County
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Table of Contents
Table of Contents
The Town Board acknowledges that prior to construction of a small WECS, a wind site assessment may be conducted to determine the wind speeds and the feasibility of using particular sites. Installation of wind measurement towers shall be permitted upon issuance of a wind measurement tower permit.
A. 
Application contents. An application for a wind measurement tower permit shall include the following:
(1) 
Applicant information: name, address, and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
(2) 
Property owner information and authorization: name, address, and 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.
(3) 
Site information: address of each proposed WMT location, including Tax Map section, block and lot number.
(4) 
Map: a map showing proposed location of the WMT and any roads, parcel boundaries or structures within one times the height of the WMT.
(5) 
Drawings or specifications for the proposed wind measurement tower.
(6) 
A completed EAF.
(7) 
General Municipal Law § 809 disclosure form.
(8) 
Such other information as the Town Board may reasonably require.
B. 
Application submittal. Six copies of the application shall be submitted to the CEO.
C. 
Application sufficiency review. The CEO shall, within 30 days of receipt, or such longer time as agreed to by the applicant, determine if all information is included in the application.
(1) 
Unless the Town Board waives any application requirement, no application shall be considered until deemed complete.
(2) 
If the application is deemed insufficient, the Town Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made; but no additional fees shall be required upon submittal of the additional information, unless the number of WMTs proposed is increased.
D. 
Board receipt of applications. Upon submission of a sufficient application, which may include a request for waiver by the Town Board, the CEO shall transmit the application to the Town Board.
E. 
Public hearing. When the application is determined to be sufficient, the Town Board shall hold at least one public hearing on the application.
(1) 
The applicant shall provide notice of the public hearing by registered mail, return receipt, to property owners of parcels located wholly or partially within a radius of 500 feet of the proposed WMT site, and shall publish a notice in the Town's official newspaper, no less than 10 nor more than 20 days before any hearing; but where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare, publish and mail the notice of public hearing prepared by the Town and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.
(2) 
The public hearing may be combined with public hearings on any environmental impact statement or requested waivers.
F. 
Application decision. Upon the holding of the public hearing, the Town Board may, within 30 days approve, approve with conditions, or deny the application.
A. 
Setback. The distance between a wind measurement tower and the nearest property line shall be at least 1.5 times the height of the wind measurement tower. Sites for a wind measurement tower can include more than one piece of property, and the requirement shall apply to the combined properties. Exceptions for neighboring properties are also allowed with the consent of those property owners.
B. 
Height. The maximum height of a wind measurement tower shall be 50 feet.
C. 
Permit duration. Wind energy permits for wind measurement towers may be issued for a period of up to two years. Permits shall be renewable upon application to the Town Board using the procedures set forth in § 117A-14 of this Wind Energy Facilities Local Law.
A. 
Operation. All WMTs shall be maintained in good condition and in accordance with all requirements of this chapter.
B. 
Removal. A WMT which is not used for a continuous period of one year shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit.