Permit fees, host community payments, and escrow payments are
in addition to application fees.
B.
Building permits. The Town believes the review of building and electrical
permits for wind energy facilities requires specific expertise for
those facilities. Accordingly, the permit fees for such facilities
shall be $500 per permit request for administrative costs, plus the
amount charged to the Town by the outside consultant hired by the
Town to review the plans and inspect the work. The Town and the applicant
will agree to a fee arrangement and escrow agreement to pay for the
costs of the review of the plans.
C.
Host community agreements. Nothing in this chapter shall be read
as limiting the ability of the Town to enter into host community agreements
with any applicant to compensate the Town for expenses or impacts
on the community. Unless otherwise agreed upon between the Town and
the applicant, the wind energy permit annual fee shall be $8 per kilo-Watt
of Nameplate Rating and shall be adjusted annually for inflation based
on changes in the consumer price index as published by the United
States Bureau of Labor Statistics.
A.
Staff. The Town Board shall appoint such Town staff or outside consultants
as it sees fit to enforce this chapter.
B.
Any person owning, controlling or managing any building, structure
or land who shall construct or operate a wind energy facility in violation
of this chapter or in noncompliance with the terms and conditions
of any permit issued pursuant to this chapter, or any order of the
Code Enforcement Officer, and any person who shall assist in so doing,
shall be guilty of an offense and subject to a fine of not more than
$350 or to imprisonment for a period of not more than six months.
Every such person shall be deemed guilty of a separate offense for
each week such violation shall continue. The Town may institute a
civil proceeding to collect civil penalties in the amount of $250
per day for each violation, and each week said violation continues
shall be deemed a separate violation.
C.
In case of any violation or threatened violation of any of the provisions
of this chapter, including the terms and conditions imposed by any
permit issued pursuant to this chapter, in addition to other remedies
and penalties herein provided, the Town may institute any appropriate
action or proceeding to prevent such unlawful erection, structural
alteration, reconstruction, moving and/or use and to restrain, correct
or abate such violation to prevent the illegal act.
The Town hereby exercises its right to opt out of the tax exemption
provisions of Real Property Tax Law § 487, pursuant to the
authority granted by Subdivision 8 of that law.
