The people of the State of New York have in the New York State
Constitution, Article IX, Section 2, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and the general welfare of its citizenry.
More particularly, Municipal Home Rule Law of the State of New York
at § 10 grants to local governments the power to adopt and
amend local laws.
The Town of Sullivan (the "Town") through this chapter and the
terms, provisions, requirements and conditions contained within it
(collectively referred to herein as "these regulations") seeks to
promote the nonpolluting, efficient use of small wind energy systems
installed to reduce the on-site consumption of utility supplied electricity.
The Town contains areas with suitable, sustainable winds necessary
to meet the thresholds of current wind to electricity conversion technologies.
The intent of these regulations is to provide guidelines for the site,
construction and operation of on-site-use wind energy facilities,
subject to reasonable restrictions, which will preserve the public's
interest in health, safety, and character of the landscape. These
regulations are limited to small, on-site-use wind energy systems
and do not address large-scale commercial wind turbines or wind farms
intended to sell energy to power companies. All purposed on-site-use
systems require a special use permit from the Planning Board of the
Town of Sullivan prior to construction and operation within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
FAA
The Federal Aviation Administration.
HEIGHT
The height of the structure from the base to the furthest
extension of the WECS, including tower, rotor and blades.
ON-SITE WECS
A wind energy conversion system device capable of producing
100 kw or less of electrical energy to be used principally upon the
same site.
OVERSPEED CONTROL
A mechanism used to limit the speed of the windmill's blades
below design limitations of the WECS.
SITE
The parcel of land on which the WECS is to be placed.
SPECIAL USE PERMIT (SUP)
The general requirements, standards and process for review of conditioned land uses such as WECS as outlined in Article
V of Chapter
275, Zoning, of the Code of the Town of Sullivan.
VIEWSHED
Any location from which a WECS is visible.
WIND ENERGY CONVERSION SYSTEM (WECS)
A device that converts the kinetic energy in the wind into
electrical energy, commonly referred to as a "wind turbine" or "windmill."
This system includes all parts of the windmill and supporting equipment.
In addition to the SUP application, the applicant must provide
the Planning Board with the following information:
A. Site plan information:
(1) Property line and physical dimension of the site;
(2) Location and dimensions of buildings and existing utilities on site;
(3) Location and tower height of proposed WECS;
(4) Location of any on-site road proposed to service WECS; and
(5) Lighting information, if applicable.
B. Drawings and specifications of proposed WECS device.
C. Structural drawings prepared by the engineer of the tower, including
foundation and wiring design as applicable.
D. Evidence that the overspread control is appropriate for the WECS
device being proposed.
E. Information on the sound levels generated by proposed WECS.
F. The Planning Board in its review may request further information
from the applicant as deemed necessary to clarify the application.
These requests may include, but are not limited to, the description
of the viewshed with photographs and topographic maps and ambient
sound level data.
G. The applicant should provide quantitative data or anecdotal evidence
that support the sites of the proposed WECS as feasible according
to current design conditions.
The Town recognizes the variability in wind conversion devices,
lot sizes, lot layouts, topography, residential densities and wind
variability within a small geographic area. Flexibility is necessary
to maximize the energy potential at each site. Therefore, the Planning
Board in its review may waive or seek mitigation, based upon supporting
documentation, conditions or standards set forth in these regulations.
Any waiver or mitigation must be in the spirit of these regulations
and not increase the likelihood of an adverse impact upon adjacent
properties or the community as a whole.