[Added 8-10-2006 by L.L. No. 2-2006]
A.
The purpose
of this article is to preserve and protect public health and safety
without significantly increasing the cost or decreasing the efficiency
of a wind energy system and to allow for the orderly development of
land, protect property values, and aesthetic conditions. This article
does not repeal, annul, impair, or interfere with any existing ordinance
or local law.
B.
It is
unlawful for any person to construct, install, maintain, modify, or
operate a wind energy system that is not in compliance with this article
or with any condition contained in a special use or zoning permit
issued pursuant to this Zoning Ordinance.
As used in this article, the following terms shall have the
meanings indicated:
The interference to communication systems created by the
scattering of electromagnetic signals.
The alternating pattern of sun and shade caused by wind tower
blades casting a shadow.
The vertical distance from ground level to the tip of a wind
turbine blade when the tip is at its highest point.
Production model equipment installed for use exclusively
on the property on which it is installed that converts and then stores
or transfers energy from the wind into usable forms of energy, the
output of which is consumed on said property and not sold or transmitted
anywhere off that property.
A system designed to convert wind energy into electrical
or other energy which is transmitted or conducted away from the property
upon which the system is located or sold to any entity other than
the owner of the property on which it is installed. The system includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
turbine, vane, wire, substation, maintenance or control facility,
or other component used in the system.
Either a wind energy conversion system or a wind-energy-deriving
tower and transmission facility.
The monopole or freestanding structure that supports a wind
turbine generator.
A.
Special use permit. A special use permit is required for a wind-energy-deriving
tower and transmission facility and for any wind energy system, or
a component thereof.
B.
Zoning permit. A zoning permit and site plan review are required
for the installation of a wind tower that is part of any wind energy
system or for wind energy systems considered a part of a farm operation.
C.
Expiration. A permit issued pursuant to this Zoning Ordinance expires
if:
(1)
Wind energy conversion system or wind-energy-deriving tower and transmission
facility is not installed and functioning within two years from the
date the permit is issued; or
(2)
Wind energy conversion system or wind-energy-deriving towers and
transmission facilities is out of service or otherwise unused for
a continuous twelve-month period.
D.
Fees. The application for a special use permit for wind-energy-deriving
towers and transmission facilities must be accompanied by the fee
required for a special use permit.
E.
Financial assurance. The owner of a wind-energy-deriving tower and
transmission facility must provide a performance bond, completion
bond, or other financial assurance that guarantees the performance
of the complete restoration of the land developed for the wind energy
system, in an amount determined by the Town of LeRoy Planning Board.
A.
A wind energy conversion system or wind-energy-deriving tower and
transmission facility that is out of service for a continuous twelve-month
period or any wind energy system found to be unsafe by the Building
Code Enforcement Officer and not repaired by the owner to meet federal,
state and local safety standards within six months will be deemed
to have been abandoned. The Code Enforcement Officer may issue a notice
of abandonment in form of a letter to the owner of a wind energy system
that is deemed to have been abandoned. The Code Enforcement Officer
will withdraw the notice of abandonment if the owner provides information
within 30 days from the date of the notice that causes the Code Enforcement
Officer to determine that the wind energy system has not been abandoned.
B.
The owner of a wind-energy-deriving tower and transmission facility
must provide the Code Enforcement Officer with a written notice of
termination of operations if the operation of a wind energy system
is terminated.
C.
Within three months of receipt of notice of abandonment or within
six months of providing notice of termination of operations, the owner
of a wind-energy-deriving tower and transmission facility:
(1)
Remove all wind towers, turbine, aboveground improvements, and outdoor
storage;
(2)
Remove all foundations, pads, and underground electrical wires to
a depth of four feet below the surface of the ground;
(3)
Remove all hazardous material from the property and dispose of the
hazardous material in accordance with federal and state law; and
(4)
All disturbed areas will be decompacted and the topsoil will be replaced
to original depth, reestablishing original contours where possible.
In addition to those criteria set forth under other sections
of this Zoning Ordinance, the Town shall consider the following factors
when setting conditions upon special use permits or zoning permits
issued for all wind-energy-deriving tower and transmission facility
and may hire a professional engineer or consultant to assist in the
review of an application at the applicant's expense:
A.
Proposed ingress and egress.
B.
Proximity to transmission lines to link the system to the electric
power grid.
C.
Number of wind turbines and their location.
D.
Nature of land use on adjacent and nearby properties.
E.
Location of other wind energy systems in the surrounding area.
F.
Surrounding topography.
G.
Proximity to residential structures, residential zoning districts,
or areas identified for future residential use.
H.
Design characteristics that may reduce or eliminate visual obtrusiveness.
I.
Possible adverse effects on migratory birds, and other animals and
wildlife.
J.
Possible adverse effects of stray voltage, interference with broadcast
signals, shadow effect, and noise.
K.
Impact on the orderly development, property values, and aesthetic
conditions.
L.
Recommendations of the Town Board.
M.
New York State Energy Research and Development Authority Certification.
N.
Any and all other necessary or desirable permits/licenses.
O.
Any other factors that are relevant to the proposed system.
A.
Location.
(1)
A wind-energy-deriving tower and transmission facility may only be
located in areas that are zoned Agricultural - Residential (R+A) and
Industrial (I).
(2)
No wind tower may be located within 1/4 mile (1,320 feet) of any
state forest, public park, or any other area that has been set aside
for the sole purpose of preserving a unique wildlife habitat or natural
formation recognized by a state, federal, or local government designation;
or within 1,000 feet of a state-identified wetland.
(3)
No wind tower may be located within 2,500 feet from "Important Bird
Areas" as identified by Audubon New York.
B.
Setbacks. A wind tower in a wind energy conversion system and each
wind tower in a wind-energy-deriving tower and transmission facility
must be set back (as measured from the center of the base of the tower):
(1)
From the property line of the parcel on which the wind tower is located
by a minimum distance equal to twice the total height of the wind
tower, unless waived in writing by the abutting landowner.
(2)
From any residence or building that is on any parcel by a minimum
distance of 1,000 feet, unless waived in writing by the owner of such
structure.
(3)
From any public building that is on any parcel by a minimum distance
of 1,000 feet.
(4)
From the right-of-way of any public road by a minimum distance of
1,000 feet or twice its total height, whichever is greater.
A wind tower must be separated from any other wind tower by
a minimum distance equal to twice the total height of the wind tower
and by a sufficient distance so that the wind tower does not interfere
with the other wind tower.
A wind tower must be of monopole construction to the extent
practicable. If monopole construction is not practicable, a wind tower
must be of freestanding construction to the extent practicable.
The total height of a wind tower must be 175 feet or less. Other
maximum building/structure height restrictions within other sections
of this Zoning Ordinance are not applicable.
The vertical distance from ground level to the tip of a wind
tower blade when the blade is at its lowest point must be at least
30 feet.
A.
Security. A wind tower, including any climbing aids, must be secured
against unauthorized access by means of a locked barrier. A security
fence may be required.
B.
Climbing aids. Monopole wind towers shall have all climbing aids
and any platforms locked and wholly inside the tower.
C.
Operational safety. Wind towers shall have an automatic braking,
governing or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades and turbine
components.
D.
Lightning. All wind towers shall provide a continuous electrical
path to the ground to protect the tower from lightning.
E.
Access roads. All wind energy systems shall use existing roads to
provide access to the facility site, or if new roads are needed, minimize
the amount of land used for new roads and locate them so as to minimize
adverse environmental impacts.
B.
Transmission lines. All wind-energy-deriving towers and transmission
facilities shall combine transmission lines and points of connection
to local distribution lines.
C.
Substations. All wind-energy-deriving towers and transmission facilities
shall connect the facility to existing substations, or if new substations
are needed, minimize the number of new substations.
A wind tower and turbine may not be artificially lighted unless
such lighting is required by the Federal Aviation Administration (FAA),
other governmental agency, recognized safety guidelines (i.e., Mercy
Flight), or the Planning Board. If lighting is required, the lighting
must comply with FAA minimum requirements and, whenever possible,
be at the lowest intensity allowed. If more than one lighting alternative
is available, the Town Planning Board reserves the right to choose
the least obtrusive lighting option available.
Any ancillary buildings and any outside storage associated with
wind-energy-deriving towers and transmission facilities system must,
to the extent reasonably possible, use materials, colors, textures,
screening and landscaping that will blend the facility into the natural
setting and existing environment (i.e., in an agricultural setting
accessory buildings could be designed to look like barns). Appropriate
landscaping or architecture shall be provided to screen accessory
structures from roads and adjacent residences.
A.
Appearance, color, and finish. The exterior surface of any visible
components of a wind tower must be a nonreflective, neutral color.
Wind towers and turbines that are located within view, or within one
mile of each other must be of uniform design, including tower type,
color, number of blades, and direction of blade rotation.
B.
Visual impact assessment. The applicant for a wind-energy-deriving
tower and transmission facility permit shall complete a Visual Environmental
Assessment Form (Visual EAF - SEQR), as well as a visual impact assessment
of any proposed wind energy systems or any proposed modifications
to existing wind energy systems. The visual impact assessment shall
include:
(1)
"Before and after" photos or computer simulations from key viewpoints
both inside and outside of the Town, including state highways and
other major roads, from state and local parks, other public lands;
from any privately owned preserves and historic sites normally open
to the public, and from any other location where the site is visible
to a large number of visitors or travelers. A balloon test may also
be required by the Planning Board.
(2)
Alternative tower designs.
(3)
Assessment of visual impact from abutting properties and streets
of the tower base, accessory buildings and any other element of the
wind energy system identified by the Planning Board.
(4)
A viewshed map of the proposed wind-energy-deriving tower and transmission
facility with a radius of seven miles from any portion of the wind
energy system.
C.
Visual impacts offset plan. The applicant may be required to prepare
and implement a visual impacts offset plan to mitigate negative impacts
on aesthetics of a proposed wind energy system. Such a plan would
show how the applicant would protect or make improvements to the aesthetics
of another part of the Town to offset the negative impacts on aesthetics
within the viewshed.
No wind tower, turbine, building, or other structure associated
with a wind energy system may be used to advertise or promote any
product or service. A weather-resistant sign plate no greater than
two square feet in size containing the current owner or operator,
emergency phone number, and current address of such owner/operator
shall be located on the exterior surface of the tower or of the fence
surrounding each tower and viewable by a Code Enforcement Officer.
No other word or graphic representation, other than appropriate warning
signs, may be placed on a wind tower, turbine, building, or other
structure associated with a wind energy system so as to be visible
from any public road.
The following shall apply to construction areas for wind energy
systems located in county-adopted, state-certified Agricultural Districts.
The applicant is encouraged to coordinate with the New York State
Department of Agriculture and Markets (Ag. and Markets) to develop
an appropriate schedule for milestone inspections to assure that the
goals are being met. For larger projects, the applicant shall hire
an Environmental Monitor to oversee the construction and restoration
in agricultural fields.
A.
Siting.
(1)
Minimize impacts to normal farming operations by locating structures
along field edges where possible.
(2)
Locate access roads, which cross agricultural fields, along ridge
tops where possible to eliminate the need for cut and fill and reduce
the risk of creating drainage problems.
(3)
Avoid dividing larger fields into smaller fields, which are more
difficult to farm, by locating access roads along the edge of agricultural
fields where possible.
(4)
All existing drainage and erosion control structures such as diversions,
ditches, and tile lines shall be avoided or appropriate measures taken
to maintain the design and effectiveness of the existing structures.
Any structures disturbed during construction shall be repaired to
as close to original condition as possible, as soon as possible, unless
such structures are to be eliminated based on a new design.
B.
Construction.
(1)
The surface of access roads constructed through agricultural fields
shall be level with the adjacent field surface.
(2)
Where necessary, culverts and water bars shall be installed to maintain
natural drainage patterns.
(3)
All topsoil must be stripped from agricultural areas used for vehicle
and equipment traffic and parking. All vehicle and equipment traffic
and parking shall be limited to the access road and/or designated
work areas such as tower sites and laydown areas. No vehicles or equipment
will be allowed outside the work area without prior approval from
the landowner and, when applicable, the Environmental Monitor.
(4)
Topsoil from work areas (tower sites, parking areas, "open-cut" electric
cable trenches, along access roads) shall be stockpiled separate from
other excavated material (rock and/or subsoil). At least 50 feet of
temporary workspace is needed along "open-cut" electric cable trenches
for proper topsoil segregation. Topsoil stockpile areas shall be clearly
designated in the field and on the on-site "working set" of construction
drawings. Stockpiles will be located far enough from access roads
and work areas to eliminate the possibility of vehicles inadvertently
compacting this soil.
(5)
In cropland, hay land and improved pasture a minimum depth of 48
inches of cover will be required for all buried electric wires. In
unimproved grazing areas and land permanently devoted to pasture,
a minimum depth of 36 inches of cover will be required. In areas where
the depth of soil over bedrock ranges from zero to 48 inches, the
electric wires shall be buried entirely below the top of the bedrock
or at the depth specified for the particular land use, whichever is
less. At no time will the depth of cover be less than 24 inches below
the soil surface.
(6)
All excess subsoil and rock shall be removed from the site. On-site
disposal of such material may be allowed if approved by the landowner
and, when applicable, the Environmental Monitor, with appropriate
consideration given to any possible agricultural or environmental
impacts.[1]
[1]
Note: Any permits necessary for disposal under local, state
and/or federal laws and regulations must be obtained by the contractor,
with the cooperation of the landowner when required.
(7)
In pasture areas, work areas will be fenced to prevent livestock
access, consistent with landowner agreements.
(8)
All pieces of wire, bolts, and other unused metal objects will be
picked up and properly disposed of as soon as practical after the
unloading and packing of turbine components so that these objects
will not be mixed with any topsoil.[2]
[2]
Note: Any permits necessary for disposal under local, state
and/or federal laws and regulations must be obtained by the contractor,
with the cooperation of the landowner when required.
(9)
Travel of all heavy equipment (including concrete trucks and erection
cranes) will be limited to designated access roads and gravel crane
pads at all times.
(10)
Excess concrete will not be buried or left on the surface in
active agricultural areas. Concrete trucks will be washed outside
of active agricultural areas.[3]
[3]
Note: Any permits necessary for disposal under local, state
and/or federal laws and regulations must be obtained by the contractor,
with the cooperation of the landowner when required.
C.
Restoration.
(1)
Restoration scheduling will be consistent with the seasonal limitations
identified by the Department of Agriculture and Markets and will be
incorporated into the project's Agricultural District Notice of Intent
(if applicable) as well as the Stormwater Management Plan (general
permit).
(2)
Following construction, all disturbed agricultural areas will be
decompacted to a depth of 18 inches with a deep ripper or heavy-duty
chisel plow. In areas where the topsoil was stripped, soil decompaction
shall be conducted prior to topsoil replacement. Following decompaction,
all rocks four inches and larger in size will be removed from the
surface of the subsoil prior to replacement of the topsoil. The topsoil
will be replaced to original depth and the original contours will
be reestablished where possible. All rocks four inches and larger
shall be removed from the surface of the topsoil. Subsoil decompaction
and topsoil replacement should be avoided after October 1, unless
approved on a site-specific basis by the landowner in consultation
with Ag. and Markets. All parties involved should be cognizant that
areas restored after October 1 may not obtain sufficient growth to
prevent erosion over the winter months. If areas are to be restored
after October 1, some provision should be made to restore any eroded
areas in the springtime, to establish proper growth.
(3)
All access roads will be regraded to allow for farm equipment crossing
and to restore original surface drainage patterns, or other drainage
pattern incorporated into the design.
(4)
All restored agricultural areas shall be seeded with the seed mix
specified by the landowner, in order to maintain consistency with
the surrounding areas.
(5)
All surface or subsurface drainage structures damaged during construction
shall be repaired to as close to preconstruction conditions as possible,
unless said structures are to be removed as part of the project design.
(6)
Following restoration, all construction debris will be removed from
the site.
D.
Two-year monitoring and remediation.
(1)
The applicant will provide a monitoring and remediation period of
no less than two years immediately following the completion of initial
restoration. The two-year period allows for the effects of climatic
cycles such as frost action, precipitation and growing seasons to
occur, from which various monitoring determinations can be made. The
monitoring and remediation phase will be used to identify any remaining
agricultural impacts associated with construction that are in need
of mitigation and to implement the follow-up restoration.
(2)
General conditions to be monitored include topsoil thickness, relative
content of rock and large stones, trench settling, crop production,
drainage and repair of severed fences, etc. Impacts will be identified
through on-site monitoring of all agricultural areas impacted by construction
and through contact with respective farmland operators and Ag. and
Markets.
(3)
Topsoil deficiency and trench settling shall be mitigated with imported
topsoil that is consistent with the quality of topsoil on the affected
site. Excessive amounts of rock and oversized stone material will
be determined by a visual inspection of disturbed areas as compared
to portions of the same field located outside the construction area.
All excess rocks and large stones will be removed and disposed of
by the applicant.
(4)
When the subsequent crop productivity within affected areas is less
than that of the adjacent unaffected agricultural land, the applicant
as well as other appropriate parties, will help to determine the appropriate
rehabilitation measures to be implemented. Because conditions which
require remediation may not be noticeable at, or shortly after, the
completion of construction, the signing of a release form prior to
the end of the remediation period will not obviate the applicant's
responsibility to fully redress all project impacts.
(5)
Subsoil compaction shall be tested using an appropriate soil penetrometer
or other soil compaction measuring device. Compaction tests will be
made for each soil type identified on the affected agricultural fields.
The subsoil compaction test results within the affected area will
be compared with those of the adjacent unaffected portion of the farm
field/soil unit. Where representative subsoil density of the affected
area exceeds the representative subsoil density of the unaffected
areas, additional shattering of the soil profile will be performed
using the appropriate equipment. Deep shattering will be applied during
periods of relatively low soil moisture to ensure the desired mitigation
and to prevent additional subsoil compaction. Oversized stone/rock
material which is uplifted to the surface as a result of the deep
shattering will be removed.
Audible noise due to the operation of any part of a wind energy
system shall not exceed 60 dBA @ L10 for any period of time, when
measured at any residence, school, hospital, church, public park or
public library.
Prior to issuance of a building permit, the applicant shall
provide the Town proof of a level of insurance to be determined by
the Planning Board in consultation with the Town's insurer and attorney,
to cover damage or injury that might result from the failure of a
tower or towers or any other part or parts of the generation and transmission
facility.
A.
Shadow flicker maps. Maps shall be prepared showing projected annual
hours of shadow flicker impact for all sensitive areas/locations within
the project area including, but not limited to, any residence, school,
hospital, church or public library.
B.
Shadow flicker duration. Shadow flicker for all sensitive areas/locations
within the project area shall be limited to 30 hours per year and
shall not exceed 30 minutes per day.
All wind energy systems shall be properly sited, filtered and/or
shielded in order to avoid any interference with electromagnetic communications,
such as radio, telephone or television signals caused by any wind
energy system, or the applicant shall mitigate any such interference.
The provisions of this article are severable, and the invalidity
of any section, subsection, paragraph or other part of this Zoning
Ordinance shall not affect the validity or effectiveness of the remainder
of the Zoning Ordinance.
