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.
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.