[HISTORY: Adopted by the Town Board of the Town of Pawling 3-5-2014 by L.L. No.
2-2014. Amendments noted where applicable.]
This chapter may be cited as the "Town of Pawling Wind Energy
Facility Law."
The purpose of this chapter is to provide for the construction
and operation of wind energy facilities in the Town of Pawling, subject
to reasonable conditions that will protect the public health, safety
and welfare.
The Town Board of the Town of Pawling enacts this chapter under
the authority granted by § 10 of the New York State Municipal
Home Rule Law and the New York State Town Law.
The requirements of this chapter shall apply to all wind energy
facilities proposed, operated, modified, or constructed after this
effective date of this chapter, including modification of existing
wind energy facilities and wind measurement towers erected for the
purpose of testing feasibility of wind energy generation.
A.
Permit requirements. No wind energy facility shall be constructed,
reconstructed, modified, or operated in the Town of Pawling except
by first obtaining a wind energy facility permit as provided under
this chapter.
B.
Exemptions. No permit or other approval shall be required under this
chapter for mechanical, nonelectrical wind turbines utilized solely
for agricultural operations. Replacement in-kind or modification of
a wind energy facility may occur without Planning Board approval when
there shall be:
C.
Transfer. Neither the transfer of any wind energy facility or wind
energy facility permit nor the sale of the entity owning such facility
shall eliminate the liability of an applicant or of any party under
this chapter.
The Planning Board may, after a public hearing, grant a waiver (which may be combined with other public hearings on wind energy facilities, so long as the waiver request is detailed in the public notice) from the strict application of the provisions of this chapter to improve the quality of any wind energy facility and better protect the health, safety and welfare of the Town. Area requirements (setbacks) and/or noise requirements shall not be waived by the Planning Board except as described in § 210-17 of this chapter. The Planning Board shall consider the impact of the waiver on the neighborhood, including the potential benefits or detriments to nearby properties, the benefits or detriments to the applicants, feasible alternatives and the scope of the request. The Planning Board may attach such condition as it deems appropriate to waiver approvals to ensure public health, safety and welfare.
A.
The Town of Pawling Town Board shall designate a Code Enforcement Officer to enforce the provisions of this chapter and may employ such professional expertise as may be necessary to support these enforcement efforts and assist the Planning Board with application reviews. Such professional fees shall be the responsibility of the applicant to pay. (See § 210-24.)
B.
Any person owning, controlling or managing any building, structure
or land who shall undertake 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 a violation of this chapter and subject to a fine
of not more than $1,000. The Town of Pawling may institute a civil
proceeding to collect civil penalties in the amount of $1,000 for
each violation, and each week said violation continues shall be deemed
a separate violation.
C.
The Town may, in the case of any violation or threatened violation
of any of the provisions of this chapter, including permit terms and
conditions, 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. This shall be in addition to other remedies and penalties
herein provided.
Should any provision of this chapter be declared by the courts
to be unconstitutional or invalid, such decision shall not affect
the validity of this chapter as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This chapter shall be effective upon its filing with the Secretary
of State in accordance with the Municipal Home Rule Law.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure, other than a wind turbine, related to the
use and purpose of deriving energy from such towers located on the
wind energy facility site.
The Town of Pawling's definition for the purposes of
this chapter complies with the official New York State Agriculture
and Markets legal definition relating to agriculture. The informational
guide created by the Department of Agriculture and Markets titled
"Guidelines for Review of Local Laws Affecting Small Wind Energy Facilities
and Solar Devices" is available for review from the Town of Pawling
Code Enforcement Officer.
The background sound level (predevelopment) found to be exceeded
90% of the time over which sound is measured in a noise analysis.
The entity or person seeking a permit for the siting of a
wind energy facility.
To physically remove, and shall include, but not be limited
to:
Removal of the entire wind energy facility, including the turbine,
tower, all accessory facilities and equipment, transmission equipment,
fencing and all other related above-grade structures and improvements.
Removal of the foundations to a depth of no less than three
feet below grade.
Removal of project access roads (except for any roads that the
project landowner wishes to retain).
Restoration of the location of the wind energy facility to its
natural condition, except that any landscape, grading or below-grade
foundation may remain in the after-conditions.
The reasonable assurance from a credit-worthy party, examples
of which include a surety bond, trust instrument, cash escrow or irrevocable
line of credit, which shall be acceptable to the Town Attorney.
The owner of the land upon which wind energy facilities are
located.
A not-for-profit organization formed in 1998 as part of the
restructuring of New York State's electric power industry. Its
mission is to ensure the reliable, safe and efficient operation of
the state's major transmission system and to administer an open,
competitive and nondiscriminatory wholesale market for electricity
in New York State.
A public benefit corporation created in 1975 under Article
8, Title 9 of the State Public Authorities Law through the reconstitution
of the New York State Atomic and Space Development Authority. Its
mission is to help New York meet its energy goals, reducing energy
consumption, promoting the use of renewable energy sources, and protecting
the environment.
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility, including any third-party subcontractor.
The entity or entities with equity interest in the wind energy
facility, including such entity's or entities' respective
successors or designees.
The Planning Board of the Town of Pawling, as appointed by
the Town Board.
Any dwelling suitable for habitation existing on the date
an application is received. A residence may be part of a multifamily
dwelling or multipurpose building and shall include buildings such
as hotels or motels, hospitals, day-care centers, dormitories, sanitariums,
nursing homes, municipal buildings, senior housing, schools or other
buildings used for educational purposes or correctional institutions.
The visual effect of viewing the moving shadow of the wind
energy facility rotor blades when they are in apposition between the
receptor (person viewing them) and the sun and/or the strobe lighting
effect of this condition as perceived by receptor either directly
or indirectly (as in a reflection off a light-colored wall).
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 an agreement
for said facility or a setback agreement shall not be considered off
site.
According to the NYSDEC Program Policy on Assessing and Mitigating
Noise Impacts, sound pressure level is the sound pressure in the atmosphere,
which pressure is expressed in decibels. The sound pressure is measured
by the sound level meter satisfying the requirements of the American
National Standards specification of sound level meter, S1.4-1971,
according to a frequency-weighted decibel scale. The sound pressure
can be determined according to the International Standard for Acoustic
Noise Measurement Techniques for Wind Generators (IEC 61400-11), or
other accepted procedure. Also, the perceived loudness of a sound
as expressed in decibels (dB). For example, the A-weighted decibel
scale, dB(A), represents those frequencies most readily audible to
the human ear. The C-weighted decibel scale, dB(C), approximates response
of the human ear to low-frequency sounds. The G-weighted decibel scale,
dB(G), is designed for infrasound.
The height of the tower and the farthest vertical extension
of the wind turbine rotor plane.
The owner of the electric distribution networks. Examples
include New York State Electric and Gas, National Grid and Con Edison.
The vertical orientation of the rotation of the rotor cage
on a WECS.
The range of view from a point toward the horizon, including
natural and man-made components.
An elevated or unobstructed location, position or area that
permits an unhindered panoramic vista of particular interest or pleasure
or a unique view to or from a particular point.
Any wind energy conversion system consisting of any wind
turbine, vertical or horizontal axis wind turbines, wind measurements
tower or combination of these, including all but not limited to related
infrastructure, electrical lines and substations, access roads and
accessory structures or equipment.
Any wind turbine, small wind turbine or wind measurement
tower or combination of these, including all related infrastructure,
electrical lines and substations access roads and accessory structures.
A permit pursuant to this chapter granting the holder the
right to construct, maintain or operate a wind energy facility.
A temporary tower used for the measurement of meteorological
data such as temperature, wind speed and wind direction.
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics, which has
a rated capacity of more than 100kW and which is intended to produce
power for distribution on the utility grid.
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics, which has
a rated capacity of not more than 25 kW and which is intended primarily
to reduce consumption of utility power at that location.
A complete application for a wind energy facility permit shall
include:
A.
A site plan prepared by a licensed professional engineer, including:
(1)
Property lines and physical dimension of the site;
(2)
Location, approximate dimensions and types of major existing structures
and uses on the site, public roads, and adjoining properties within
500 feet of the boundaries of any wind turbines or 1 1/2 times
the total height of such turbines, whichever shall be greater.
(3)
Location and elevation of each proposed wind turbine.
(4)
Location of all aboveground and below-ground utility lines on the
site, as well as transformers, the interconnection point with transmission
lines, and other ancillary facilities or structures.
(5)
Location of all buffers as required by this chapter.
(6)
Location of the nearest residential structure(s) on the site and
located off the site, and the distance from the nearest proposed wind
turbine.
(7)
All proposed facilities, including access roads, electrical substations,
storage or maintenance units, and fencing.
B.
A view shed rendering: a vertical drawing of the wind turbine showing
total height, turbine dimensions, tower and turbine colors, ladders,
distance between the ground and the lowest point of any blade, location
of climbing pegs, and access doors. One drawing may be submitted for
each wind turbine of the same type and total height. The make, model,
picture and manufacturer's specifications, including noise decibels
data and material safety data sheet documentation for all materials
used in the operation of the equipment shall be provided for each
proposed wind turbine. A visual analysis of the turbine(s) as installed,
which includes a computerized photographic simulation, demonstrating
the visual impacts from nearby strategic vantage points, shall be
provided. These vantage points will be determined by the Planning
Board based on a site map to include a topographical and aerial simulation.
C.
A lighting plan showing any FAA-required lighting and other proposed
lighting. Lighting shall be directed up and out, not down.
D.
A stormwater pollution prevention plan prepared to Town of Pawling,
Town Code and New York State Department of Environmental Conservation
standards as applicable and to such standards as may be established
by the Planning Board on the recommendation of its Town Engineer or
consultants.
E.
A construction schedule describing commencement and completion dates,
including a traffic analysis with a description of the routes to be
used by construction and delivery vehicles and the gross weights and
heights of those loaded vehicles.
F.
An operations and maintenance plan providing for regular periodic
maintenance schedules, any special maintenance requirements and procedures
and notification requirements for restarts during icing events.
G.
A decommissioning plan that addresses the anticipated life of the
wind turbine, the estimated decommissioning costs, the method of ensuring
funds shall be available for decommissioning and restoration, the
method by which decommissioning cost shall be kept current, and the
manner in which the wind turbine shall be decommissioned and the site
restored, less any fencing or residential minor improvements requested
by the landowner.
H.
A list of property owners, with their mailing addresses, within 2,000
feet of the outer boundaries of the proposed site.
I.
A complaint resolution process to address complaints from nearby
residents. The process may use an independent mediator or arbitrator
and shall include a time limit for acting on a complaint. The applicant
shall make every reasonable effort to resolve any complaint, not to
exceed 60 days.
J.
A transportation plan (See § 210-15.) describing routes to be used in delivery of project components, equipment and building materials and those to be used to provide access to the site during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges or other infrastructure, as well as measures which will be taken to restore damaged/disturbed access routes following construction.
K.
A full Environmental Assessment Form (EAF), as provided by the New
York State Environmental Quality Review Act (SEQRA), shall be prepared
for the wind energy facility. This full Environmental Assessment Form
(EAF) shall, at a minimum, include:
(1)
A study of potential shadow flicker, including a graphic to identify
locations where shadow flicker may be caused by the wind turbines
and expected duration of the flicker at these locations. The study
shall identify areas where the shadow flicker may interfere with residences
and describe measurements to be taken to eliminate shadow flicker
problems. If shadow flicker impacts are of either high intensity or
high duration (more than 25 hours per year), then a second level analysis
of shadow flickers modeling will occur, including an on-site assessment
of property conditions. If shadow flicker cannot be minimized to a
shorter duration or intensity, project modifications may be required.
It is desirable to have shadow flicker on off-site residences.
(2)
A visual impact study and its impact to the viewshed with the proposed
wind turbines as installed, which may include a computerized photographic
simulation and digital elevation models demonstrating visual impacts
from strategic vantage points. Color photographs of the site accurately
depicting existing conditions shall be included, as well as a map
indicating areas where the wind turbines will be visible to a person
at five feet above ground level. The visual analysis shall also indicate
color treatment of system components and any visual screening to be
incorporated into the project to lessen the system's visual prominence.
(3)
A fire protection and emergency response plan, created in consultation
with the Fire Department(s), shall have jurisdiction over the proposed
site, as well as Pawling Emergency Services, including but not limited
to the Fire Marshal, Emergency Management and the Sheriff.
(4)
A noise analysis by a competent acoustical consultant, including:
(a)
A description and map of the project's noise-producing
features, which will include but not be limited to the range of noise
levels expected (A-weighted, C-weighted and G-weighted), the tonal
and frequency characteristics expected, the duration of sound, frequency
of occurrence, and the effects of changes in wind speed and direction;
(b)
The manufacturer's data and standards for all structures,
including designed noise levels and the noise levels determined by
testing in the field;
(c)
A survey and report prepared by an independent, qualified, New
York State engineer that analyzes the preexisting ambient noise including
seasonal and twenty-four-hour variations at residences within one
mile of the site boundary;
(d)
The analysis must be accompanied by a topographic map showing,
in increments of five decibels out to the level of 20 decibels, the
noise level contours of the site vicinity, in order to visualize the
cumulative noise impacts from the wind energy facility on surrounding
properties. All residences within greater than one mile of the site
boundary or the twenty-decibel contour shall be clearly shown;
(e)
Where noise can carry far and in unexpected directions, the
study must consider sounds carried from hilltop to hilltop, hilltop
to valley, and along valleys in a radius of 10 miles from a wind energy
facility. The study must also produce analysis of cumulative noise
impacts; and
(f)
The applicant shall submit a design for postdevelopment noise
monitoring as well as a description of proposed noise-control features,
including specific measures to protect workers, and to mitigate noise
impacts to a level of insignificance off site. A summary of the applicant's
proposed noise complaint resolution program must be included.
(5)
An assessment of potential electromagnetic interference with microwave,
radio, television, personal communication systems, 911 and other wireless
communication by an independent contractor as determined by the Planning
Board, with the applicant paying the consultant fees.
(6)
An assessment of the impact of the proposed development on the flora
and fauna, including migratory and resident avian species and bat
species. The scope of such assessment shall be developed in consultation
with the New York Department of Environmental Conservation and the
United States Fish and Wildlife Service and must at a minimum consist
of a literature survey for threatened and endangered species and provide
relevant information on critical flyways, and shall describe the potential
impacts of any proposed facilities on bird and bat species, and an
avoidance or mitigation plan to address such impacts, as well as plans
for postinstallation studies.
(7)
An assessment of potential immediate and long-term impacts to local
flora and fauna, micro and macro habitats, and groundwater and surface
water related to, but not limited to, excavation, blasting, clear
cutting and grading during the site-preparation phase, including construction
of access roads.
(8)
An assessment of archaeological resources that may be impacted by
the project. Such assessment shall be conducted in coordination with
the New York State Office of Parks, Recreation and Historic Preservation.
(9)
A report from an independent New York professional engineer that
calculates the maximum distance that ice from the turbine blades and
pieces of turbine blades could be thrown. (The basis of the calculation
and all assumption must be disclosed.) The incidence of reported ice
and blade throws and the conditions at the time of the ice and blade
throw must be included.
(10)
An assessment, preinstallation and postinstallation, of possible
stray voltage problems on the site and neighboring properties within
one mile of the project boundary, to show what properties need upgraded
wiring and grounding.
(11)
A geotechnical report that includes:
(a)
Soils engineering and engineering geologic characteristics of
the site based on site sampling and testing.
(b)
A bedrock profile within one mile of the site.
(c)
Information on the depth of the well, average flow rate, and,
with permission by owner, a test of water quality for all wells within
two miles of the site.
(d)
Grading criteria for ground preparation, cuts and fills and
soil compaction.
(e)
A slope stability analysis.
L.
A statement signed under penalties of perjury that the information
contained in the application is true and accurate.
A.
Applicants must arrange a preliminary meeting with the Planning Board
and the professional consultants retained by the Town for application
review. The applicants will be responsible for any expenses incurred
for this meeting with consultants.
B.
Twelve copies of the complete application shall be submitted to the
Planning Department Clerk. Payment of all application and escrow fees
shall be made at the time of submission.
C.
The Planning Board shall, within 45 days of receipt, or such longer
time as may be accepted by the applicant, determine if all information
required hereunder is included in the application. If the application
is deemed incomplete, the applicant shall be provided with a written
statement listing missing data. If the applicant fails to provide
such data within 45 days, the application shall expire. Upon submission
of a complete application, the Planning Board shall proceed with its
review.
D.
The Planning Board shall hold at least one public hearing on the
application. Notice shall be published in the Town's official
newspaper, no less than 14 or more than 31 days before any hearing,
but, where any hearing is adjourned by the Planning Board to hear
additional comments, no further publication will be required. All
property owners within 2,000 feet of the property lines of the proposed
wind energy facility shall be given notice of a public hearing via
certified mail at the expense of the applicant. The mailing receipts
must be submitted to the Planning Department prior to the Planning
Board meeting.
E.
Referral. The Planning Board shall comply with the provisions of
Article 12-B, §§ 239-L and 239-M, of the General Municipal
Law, as amended, and refer to the Dutchess County Department of Planning
such site plans as are within its jurisdiction.
The following standards shall apply to wind energy facilities
in the Town of Pawling:
A.
All power transmission lines from the tower to any building, substation,
or other structures shall be located underground in accordance with
National Electrical Code standards.
B.
No television, radio or other communication antennas may be affixed
or otherwise made part of any wind turbine, except with approval by
the Planning Board.
C.
No advertising signs are allowed on any part of the wind energy facility,
including fencing and support structures.
D.
No tower shall be lit except to comply with Federal Aviation Administration
(FAA) requirements. Minimum security lighting for ground-level facilities
shall appear on the wind energy facility development plan indicating
the direction of lighting and must be approved by the Planning Board
and its consultants.
E.
All applicants shall use measures to reduce the visual impact of
wind turbines to the greatest extent possible. Wind turbines shall
use tubular towers. All structures in a project shall be finished
in a single nonreflective matte-finished color or a camouflage scheme.
Wind turbines within a multiple wind turbine project shall be generally
uniform in size, geometry, and rotational speeds. No lettering, company
insignia, advertising, or graphics shall be part of the tower, hub
or blades.
F.
Guy wires shall not be permitted except to address unique safety
issues, and then only with specific permission by the Planning Board
in the form of a waiver.
G.
No wind turbines shall be installed in any location where their proximity
with existing fixed broadcast, retransmission, or reception antennas
for radio, television, or wireless phone or other communication systems
would produce electromagnetic interference with signal transmission
or reception. If it is determined a wind turbine is causing electromagnetic
interference, the operator shall take necessary corrective action
to eliminate this interference, including relocation or removal of
the facilities, or resolution of issues with affected parties. Failure
to remedy electromagnetic interference is grounds for revocation of
the wind energy facility permit for the specific wind turbine or wind
turbines causing the interference.
H.
All construction debris shall be removed from the site and disposed
of in a legal manner under the county and local waste management regulations
and recycling methods.
I.
Wind turbines shall be designed to minimize the impacts of land clearing
and the loss of important open spaces. Development on agricultural
land shall follow the Guidelines for Agricultural Mitigation for Wind
Power Projects, published by the New York State Department of Agriculture
and Markets.
J.
Wind turbines shall be located in a manner that minimizes significant
negative impacts on rare animal species in the vicinity.
K.
The stormwater erosion and sediment control shall be managed in a
manner consistent with all applicable state, federal, and Town laws,
regulations and standards and shall be applied by the Planning Board
with the advice of the Town Engineer and Stormwater Management Officer
and other Town consultants.
L.
Wind turbines shall be located in a manner that minimizes shadow
flickers on off-site residences. It is desirable to have no shadow
flicker on off-site residences.
M.
Color: The WECS shall be a nonobtrusive reflecting color. Galvanized
steel or metal is acceptable for support structures. The painting
or coating shall be kept in good repair for the life of the wind turbine.
A.
All wind turbines 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.
B.
Accessory facilities or equipment shall be gated or fenced to prevent
unrestricted public access to the facilities and reduce any attractive
nuisance aspects of use.
C.
Warning signs with a minimum size of two square feet shall be posted
at the entrances to the wind energy facility and at the base of each
tower warning of electrical shock or high voltage and must contain
emergency contact information.
D.
No climbing pegs or tower ladders shall be located closed than 15
feet to the ground level at the base of the structure for freestanding
single-pole or guyed towers.
E.
The minimum distance between the ground and any part of the rotor
or blade system shall be 30 feet.
F.
Wind energy facilities shall be designed to prevent unauthorized
external access to electrical and mechanical components and shall
have access doors that are kept securely locked at all times.
A.
The applicant is responsible for remediation of damaged roads upon
completion of the installation or maintenance of a wind energy facility.
A public improvement bond shall be required prior to the issuance
of any building permit in the amount, determined by the Planning Board,
sufficient to compensate the Town, village, county or state for any
damage done to the Town, village, county or states roads if any of
these roads will be among the designated traffic routes. The applicant
shall consult with the Town Highway Superintendent and/or the New
York State Department of Transportation or Dutchess County Department
of Public Works to obtain a written recommendation for bonding form
and amount, which form and amount shall be approved by the Planning
Board.
B.
The applicant shall provide predevelopment and postdevelopment photographic
evidence of the condition of any Town, village, state or county roads
along the proposed route. These photos will be submitted to the Planning
Board prior to the start of the project and also at the completion
of the project for review.
A.
Each wind turbine shall be set back as follows:
(1)
Residences: a distance no less than the greater of a) two times its
total height or b) 1,000 feet.
(2)
Property lines: a distance no less than 1.5 times its total height.
(3)
Public roads: a distance no less than the greater of a) 1.5 times
its total height or b) 500 feet.
(4)
State wetlands: a distance no less than 1,500 feet.
B.
The statistical sound pressure level generated by wind energy facility shall not exceed the ambient level, both A-weight and C-weight, plus five decibels measured anywhere along the site boundary. Ambient sound level measurements shall employ all practical means to reduce or compensate for the effect of wind-generated noise artifacts at the microphone so as to measure the actual sound level most accurately. Ambient sound level measurements should be performed when wind velocities aloft are sufficient to allow wind turbines operation and should report ambient sound levels for wind speeds aloft corresponding to turbine cut-in as well as the wind speed aloft corresponding to production of the greatest noise. The sound pressure level at any off-site residence shall not exceed ambient sound plus five decibels, both A-weight and C-weight, as determined in accordance with the stipulation of § 210-11K(4) of this chapter. Independent verification by an acoustical engineer certified with the Institute of Noise Control Engineering shall be provided before and after construction demonstrating compliance with its requirements.
A.
In the event a wind energy facility does not meet a setback requirement
or exceeds noise or other criteria established in this chapter as
it existed at the time the wind energy permit was granted, a waiver
may be granted from such requirements by the Planning Board.
B.
Such waiver shall be in the form required for filing of deeds, and
the waiver shall be filed with the Dutchess County Clerk's office.
The waiver shall include a statement of findings made by the Planning
Board and all conditions required by the Planning Board for the issuance
and continuation of the waiver. Such waiver shall be permanent and
shall state that it may not be revoked without the consent of the
Planning Board, which consent shall be granted upon either the decommissioning
of the benefited wind turbine, in accordance with this chapter, or
the acquisition of the burdened parcel by the owner of the wind turbine.
No such waiver shall permit noise levels at any other location within
or outside the areas prescribed to exceed the limitations of this
chapter.
A.
The Planning Board shall, within 120 days of determining the application
is complete and upon consideration of the standards in this chapter
and the record of the SEQRA review, issue a written decision with
the reasons for approval, conditions of approval or disapproval fully
stated. The time period may be extended for another 60 days at the
request of the applicant and/or if the Planning Board deems it necessary
for additional information, to seek expert and/or legal advice, or
other legitimate reasons.
B.
Upon written approval, the Planning Board shall direct the Town Code
Enforcement Officer to issue a wind energy facility permit upon satisfaction
of all conditions for the permit and upon completion of the New York
State Building Code.
C.
The decision of the Planning Board shall be filed within 15 days
in the office of the Town Clerk and a copy mailed to the applicant
by first-class mail.
D.
If any approved wind energy facility is not substantially commenced
within two years of issuance of the wind energy facility permit, the
wind energy facility permit shall expire unless the Planning Board
shall have granted an extension.
A.
If any wind turbine remains inoperative for a continuous period of
12 months, the owner shall remove said system at the owner's
expense, following the requirements of the decommissioning plan. Removal
of the system shall include at least the entire aboveground structure,
including transmission equipment and fencing, from the property. This
provision shall not apply if the owner demonstrates to the Town Board
that it has been making good-faith efforts to restore the wind turbine
to an operable condition, but nothing in this provision shall limit
the Town Board's ability to order a remedial action plan after
a public hearing.
B.
Lack of operation may be proven by reports to the Public Service
Commission, the New York State Energy Research and Development Authority
(NYSERDA), New York Independent System Operator (NYISO), or by lack
of income generation. The applicant shall make available (subject
to a nondisclosure agreement) to the Planning Board all reports to
and from the purchaser of energy from individual wind turbines, if
requested and necessary to prove the wind turbine is functioning,
which reports may be edited as necessary to protect proprietary information.
C.
The applicant, or successors, shall continuously maintain a fund
or bond payable to the Town of Pawling, in a form approved by the
Town Board, for the removal of inoperable towers and appurtenant facilities,
in the amount to be determined by the Town Board, for the period of
the life of the facility. This fund may consist of a letter of credit
from a New York licensed financial institution. All costs of the financial
security shall be fully described in the decommissioning plan.
Nothing in this chapter shall be deemed a guarantee against
any future construction or Planning Board approvals of future construction
that may in any way impact the wind flow to any wind energy facility.
It shall be the sole responsibility of the facility operator or owner
to acquire necessary wind flow or turbulence easements, or rights
to remove vegetation.
A.
The applicant shall fund periodic noise testing by a qualified independent
third-party acoustical measurement consultant, which may be required
as often as biannually, or more frequently upon request of the Code
Enforcement Officer in response to complaints by neighbors. The scope
of the noise testing shall be to demonstrate compliance with the terms
and conditions of the wind energy facility permit and this chapter
and shall also include an evaluation of any complaints received by
the Town or Planning Board and Code Enforcement Officer. The applicant
shall have 90 days after written notice from the Code Enforcement
Officer to cure any deficiency. An extension of the ninety-day period
may be considered by the Code Enforcement Officer for review, but
the total period may not exceed 180 days.
B.
A wind turbine shall be maintained in operational condition at all
times, subject to reasonable maintenance and repair outages. Operational
condition includes meeting all noise requirements and other permit
conditions. Should a wind turbine become inoperable, or should any
part of the wind turbine be damaged, or should a wind turbine violate
a permit condition, the owner or operator shall remedy the situation
within 90 days after written notice from the Code Enforcement Officer.
The applicant shall have 90 days after written notice from the Code
Enforcement Officer to cure any deficiency. An extension of the ninety-day
period may be considered by the Code Enforcement Officer for review,
but the total period may not exceed 180 days.
C.
Should a wind turbine not be repaired or made operational or brought
into permit compliance after said notice, the Town Board may, after
a public meeting at which the operator or owner shall be given opportunity
to be heard and present evidence, including a plan to come into compliance,
order either a remedial action within a particular time frame or revocation
of the wind energy facility permit for the wind turbine and require
its removal within 90 days. If the wind turbine is not removed, the
Town Board shall have the right to use the security posted as part
of the decommissioning plan to remove the wind turbine and restore
the property.
A.
Installation of wind measurement towers, also known as anemometer
towers, shall be permitted, upon the issuance of a wind energy facility
permit, to determine the wind speeds and the feasibility of using
particular sites. The distance between a wind measurement tower and
the property line shall be at least 1 1/2 times the total height
of the tower. A wind energy facility permit for wind measurement towers
shall be issued for a period of two years and shall be renewable upon
application to the Planning Board. An application for a wind measurement
tower shall include:
(1)
Name, address, telephone number and signatures of the applicant and
agent for the applicant, if any.
(2)
Name, address, telephone number and signature of the property owner,
along with written authorization by the property owner to submit the
application.
(3)
Proposed development plan.
(4)
Decommissioning plan, including a security bond for removal, should
the tower not be converted to permanent use for wind energy generation.
B.
Other development standards as set forth above for wind energy facilities
shall be applied to the maximum extent practicable, as determined
by the Planning Board, recognizing the temporary nature of wind measurement
towers.
The Planning Board is hereby authorized to approve, approve
with conditions, or disapprove small wind turbine applications designed
for residential, farm, institutional and business use on the same
parcel. Such applications shall be processed in the same manner as
those prescribed above for all wind energy facilities, but may be
appropriately modified by the Planning Board to reflect the scale
of the proposed facility. All small wind turbines shall comply with
the following standards and with all other requirements of this chapter
not in conflict herewith.
A.
A system shall be located on a lot a minimum of one acre in size;
however, this requirement can be met by multiple owners submitting
a joint application.
B.
Small wind turbines shall be used primarily to reduce the on-site
consumption of electricity.
C.
Total heights shall be a maximum of 100 feet on parcels between one
and five acres, and 150 feet or less on parcels of five or more acres.
D.
A small wind turbine shall be set back 1.5 times the height of the
tower.
E.
The maximum combined turbine power output is limited to 25 kW.
F.
Tower-climbing apparatus shall be located no closer than 12 feet
from the ground, a locked anti-climb device shall be installed on
the tower, or a locked, protective fence of at least six feet in height
that encloses the tower shall be installed to restrict tower access.
G.
Anchor points for any guy wires for a system tower shall be located
within the property that the system is located on and not on or across
any aboveground electric transmission or distribution lines. The point
of attachment for the guy wires shall be enclosed by a fence six feet
in height or sheathed in bright orange or yellow covering from the
ground up to a minimum of eight feet.
H.
If any wind turbine remains inoperative for a continuous period of
12 months, the owner shall remove said system at the owner's
expense, following the requirements of the decommissioning plan. Removal
of the system shall include at least the entire aboveground structure,
including transmission equipment and fencing, from the property. This
provision shall not apply if the owner demonstrates to the Town Board
that it has been making good-faith efforts to restore the wind turbine
to an operable condition, but nothing in this provision shall limit
the Town Board ability to order a remedial action plan after public
hearing.
A.
The Town Board shall, by resolution, establish and from time to time
modify a schedule of fees for wind energy facility permit applications.
B.
The Planning Board may hire any consultants and/or experts necessary
to assist the Code Enforcement Officer in reviewing and evaluating
the application, including, but not limited to, site inspections,
the construction and modification of the site, once permitted, and
any request for recertification. An applicant shall deposit with the
Town Board sufficient funds to reimburse the Town Board for all reasonable
costs of consultants and expert evaluation and consultation to the
Town Board in connection with the review of this application.
C.
Fees are based on the current Town of Pawling fee schedule.
The Town Board hereby reserves the right to opt out of the tax
exemption provisions of Real Property Tax Law § 487, pursuant
to authority granted by Subdivision 8 of that law.
