[HISTORY: Adopted by the Town Board of the Town of Alden 2-2-2009 by L.L. No. 1-2009 (Ch. 19E of the 1981 Code). Amendments noted where applicable.]
This chapter shall be known as Local Law No. 1 of the Year 2009
entitled "Windmill Law of the Town of Alden."
The purpose of this chapter is to promote the effective and
efficient use of wind energy conversion systems (also commonly known
as "windmills" or "wind turbines") and to regulate the placement of
wind energy conversion systems so that the public health, safety and
general welfare, natural resources, and aesthetics will not be jeopardized.
The further purpose of this chapter is to amend the Alden Town Code
to add a new law regulating the size, location, setback requirements,
installation, operation and maintenance of wind energy conversion
systems within the Town of Alden. This chapter is intended to insure
that wind energy conversion systems constructed within the Town of
Alden are not detrimental to other property owners, do not create
a nuisance and are not detrimental to the health, safety and general
welfare of the residents of the Town of Alden.
A.
The Alden Town Board finds and declares that wind energy is an abundant,
renewable and nonpolluting energy resource of the Town of Alden and
that its conversion to usable forms of energy, including electricity,
will reduce dependence on nonrenewable energy sources and decrease
the air and water pollution that results from the use of conventional
energy sources.
B.
The Alden Town Board further finds and declares that:
(1)
Wind energy conversion systems that convert wind energy to usable
forms of energy, including electricity, are currently available on
a commercial basis (for both residential and commercial uses) from
many manufacturers;
(2)
The generation of usable forms of energy, including electricity,
from properly sited wind energy conversion systems can be cost effective
and, in many cases, existing power distribution systems can be used
to transmit electricity from wind energy conversion systems to utilities
or to other users; and
(3)
The regulation of the siting and installation of wind energy conversion
systems is necessary for the purpose of protecting the health and
safety of neighboring property owners and the general public and for
the aesthetics of the Town of Alden.
As used in this chapter, the following terms shall have the
meanings indicated:
In compliance with New York State Agriculture and Markets
Law (AML) § 305-a(1), as well as eligible for an agricultural
property tax assessment or exemption.
Collectively, the Town of Alden Building Code,[1] the New York State Building Construction Code, and the
New York State Uniform Fire Prevention and Building Code.
The New York State Electrical Code.
The radius around a wind energy conversion system within
which all portions of the wind energy conversion system would fall
in the event of a structural failure of the wind energy conversion
system, equal to 1.5 times the total height of the wind energy conversion
system.
The center portion of the blade cluster that connects the
blades to the wind energy conversion system base.
A mechanism used to limit the speed of blade rotation to
below the design limits of the wind energy conversion system.
A building in which the main or principal use of the lot
is conducted.
The New York State Environmental Quality Review Act.
The decrease of light intensity of 20% or more.
The alternating pattern of sun and shade caused by wind energy
conversion system blades casting a shadow.
The physical location of a wind energy conversion system,
including the related tower, and transmission equipment.
The largest area of a wind energy conversion system which
extracts energy from the wind stream. In a conventional propeller-type
wind energy conversion systems, there is a direct relationship between
swept area and the rotor diameter.
The height of the tower and the furthest vertical extension
of a wind energy conversion system.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine and other mechanical devices are
mounted.
A machine that converts the kinetic energy in the wind into
a usable form of energy. A WECS includes all parts of the system,
including the tower and the transmission equipment. The wind turbine
may be on a horizontal or vertical axis, rotor or propeller.
COMMERCIAL WECSA WECS that has the capacity to generate greater than 25 kilowatts.
NONCOMMERICAL WECSA WECS that has the capacity to generate 25 kilowatts or less.
NONELECTRICAL WECSA WECS that generates a usable form of energy other than electricity.
Any piece of energy-generating equipment that converts wind
energy into a usable form of energy, including electrical energy,
through the use of airfoils, rotating turbine blades or similar devices
to capture wind.
More than one WECS located within a single site, or on adjacent
sites, when more than one WECS owners are working jointly.
COMMERCIAL WINDMILL FARMA windmill farm where the combined capacity of all WECS on the site or adjacent sites, when more than one commercial WECS owners are working jointly, can generate greater than 25 kilowatts.
NONCOMMERCIAL WINDMILL FARMA windmill farm where the combined capacity of all WECS on the site or adjacent sites, when more than one noncommercial WECS owners are working jointly, can generate 25 kilowatts or less.
A.
B.
Site plan review application requirements. All site plan review applications for commercial WECS and commercial windmill farms shall meet the requirements of Article XII of Chapter 365, Zoning, of the Alden Town Code and shall include the following additional requirements:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the site involved or
that the applicant has written permission of the site owner to make
such an application.
(3)
A drawing that depicts:
(a)
Property lines, lease lines and/or easement lines, and physical
dimensions of the site;
(b)
Location, approximate dimensions and types of existing structures
and uses on the site;
(c)
Location and elevation of each proposed commercial WECS;
(d)
Location of all aboveground and of all underground utility lines
on the site and within two times the radius of the total height of
each proposed commercial WECS;
(e)
Location and size of any structures and trees with a height
greater than 35 feet within a five-hundred-foot radius of each proposed
commercial WECS. For purposes of this requirement, electrical transmission
and distribution lines, antennas and slender or open lattice towers
are not considered structures. In the case of wooded areas, the wooded
area must be located but individual trees need not be located;
(f)
Show the zoning designations of the immediate site and adjacent
parcels and the locations of any buildings or improvements that are
within the fall zone;
(g)
Include the make, model, picture and manufacturer's specifications
for each WECS;
(h)
Information regarding noise decibel levels; and
(i)
Site topographic data.
(4)
Show compliance with building codes. Site plan review applications
shall be accompanied by standard drawings of structural components
of the commercial WECS, including support structures, tower, base
and footings. Drawings and any necessary calculations shall be certified,
in writing, by a New York State licensed professional engineer that
the commercial WECS complies with the current building codes.
(5)
Show compliance with Electrical Code.
(a)
Site plan review applications shall be accompanied by a line
drawing identifying the electrical components of the commercial WECS
to be installed, in sufficient detail to allow for a determination
that the manner of installation conforms to the Electrical Code; and
(b)
Site plan review applications shall include a written statement
from a New York State licensed professional engineer indicating that
the electrical system conforms to good engineering practices and complies
with the Electrical Code. This certification is normally supplied
by the manufacturer.
(6)
Demonstrate rotor safety. The site plan review application must include
a written statement by a New York State licensed professional engineer
certifying that the rotor and overspeed controls have been designed
and fabricated for the proposed use in accordance with good engineering
practices. The Engineer shall also certify the structural compatibility
of possible towers with available rotors. This certification is normally
supplied by the manufacturer and shall include the distance and trajectory
of the thrown blade from an exploding wind turbine or propeller based
upon reasonable and practical assumptions.
(7)
The site plan review fee as set forth in the Town's Fee Schedule,
as from time to time amended by resolution of the Alden Town Board.
C.
General requirements for site plan approval. All site plan approvals for the installation of commercial WECS and commercial windmill farms shall comply with Article XII of Chapter 365, Zoning, of the Alden Town Code and with the following additional requirements:
(1)
All equipment and materials shall be used or installed in accordance
with the drawings and diagrams submitted with the site plan review
application.
(2)
Rotor safety. Each commercial WECS shall be equipped with both manual
and automatic controls to limit the rotational speed of the blade
below the design limits of the rotor.
(3)
Guy wires. Anchor points for guy wires for commercial WECS shall
be located within property lines, lease lines or easement lines and
not on or across any aboveground electrical transmission or distribution
line. Commercial WECS guy wires are strongly discouraged. However,
if necessary, the point of ground attachment for guy wires shall be
enclosed by a fence eight feet high.
(4)
Tower access and apparatus.
(a)
Towers shall have either:
[1]
Tower-climbing apparatus located no closer than 15 feet to the
ground;
[2]
A locked anti-climb device installed on the tower; or
[3]
The tower shall be completely enclosed by a locked, protective
fence at least eight feet high. For commercial windmill farms a protective
fence at least eight feet high enclosing the entire site may be required
by the Alden Town Board; and
(b)
Whenever possible, any apparatus necessary for a commercial
WECS shall be located inside the base of the tower.
(5)
Audible noise standard. The audible noise resulting from the operation
of any commercial WECS shall not be created which causes the noise
level at the property line, lease line or easement line of the proposed
site to be in excess of five decibels (dBA) above that of the mean
twenty-four-hour decibels (dBA) operating noise that currently exists
for more than five minutes out of any one-hour time period. Upon the
completion of construction of a commercial WECS; the Alden Town Board
may require a sound study to ensure compliance with this audible noise
standard.
(6)
Electromagnetic interference. All commercial WECS shall be operated
such that no disruptive electromagnetic interference is caused. If
it has been demonstrated to the Alden Town Code Enforcement Officer
that a commercial WECS or a commercial windmill farm is causing harmful
interference, the owner or operator shall promptly mitigate the harmful
interference to the satisfaction of the Alden Town Code Enforcement
Officer.
(7)
Warning signs. Warning signs shall be posted at the base of each
commercial WECS tower warning of electrical shock and/or high voltage.
All such warning signs shall be visible from all directions.
(8)
Height. The minimum height of the lowest part of the swept area of
any commercial WECS shall be 30 feet above the highest existing structure
or tree within a two-hundred-fifty-foot radius of the commercial WECS.
For purposes of this requirement, electrical transmission and distribution
lines, antennas, and slender or open-lattice towers are not considered
structures, unless they would otherwise come into contact with moveable
parts of the commercial WECS. The total height of a commercial WECS
shall be equal to or less than 600 feet.
(9)
Setbacks.
(a)
A commercial WECS shall be set back from any property line,
lease line or easement line (as described below) aboveground utility
line, or other WECS a distance greater than 1.5 times its total height.
The entire setback area shall not include public roads and must be
located on the property either owned or leased by the applicant or
for which the applicant has obtained an easement, and may not contain
any structure other than those associated with the commercial WECS,
except as further allowed in this subsection, and may not be located
within any setback area established by this chapter;
(b)
If a commercial WECS is attached to an existing structure, setback
requirements may be modified by specific permission of the Alden Town
Board;
(c)
The commercial WECS shall not be placed in the front yard of
any principal building;
(d)
The setback between commercial WECS and existing dwellings must
be equal to 10 times the total height of the commercial WECS; and
(e)
Contiguous property owners may construct a commercial WECS for use in common, provided that the required setback, as defined in Subsection C(9) above, is maintained relative to the property lines, lease lines or easement lines of nonparticipant owners. As a condition of site plan approval for the construction of a commercial WECS for use in common, a signed and acknowledged agreement between all involved contiguous property owners governing the ownership, use and maintenance must be submitted to and approved by the Alden Town Board. Said agreement must run with the land and must be duly recorded in the Office of the Erie County Clerk.
(10)
Lighting. In the interests of public safety (Mercy Flights in
particular), commercial WECS exceeding 100 feet in total height shall
have red warning lights meeting Federal Aviation Administration (FAA)
standards, attached at or above hub level.
(11)
Electrical cabling. All interconnecting cables between each
commercial WECS and supporting or servicing structures shall be underground.
(12)
Exterior surface. All applicants for a commercial WECS shall
use measures to reduce the visual impact of the commercial WECS to
the extent possible. All structures in a commercial WECS project shall
be finished in a single, nonreflective, matte finished color or a
camouflage scheme.
(13)
Advertising. The use of any portion of a commercial WECS for signs [except the warning signs required at Subsection C(7) above] or advertising purposes, including company name, banners, streamers, etc., is prohibited.
(14)
Outside storage. No outside storage of vehicles, materials or
waste shall be allowed, except for limited periods when a commercial
WECS is undergoing additions, repair or renovation.
(15)
Environmental impact. All commercial WECS and commercial windmill
farms are subject to SEQRA and require a visual assessment.
(16)
Decommissioning and restoration. The applicant shall include
the following information regarding decommissioning of a commercial
WECS or commercial windmill farm project and restoring the site:
(a)
The anticipated life of each commercial WECS;
(b)
The estimated decommissioning costs in current United States
dollars;
(c)
The method and schedule for updating the costs of decommissioning
and restoration;
(d)
The method of ensuring that funds will be available for decommissioning
and restoration;
(e)
The anticipated manner in which all commercial WECS will be
decommissioned and the site restored;
(f)
The Alden Town Board shall require the owner or operator of
a commercial WECS to provide an appropriate and adequate demolition
bond in an amount approved by the Alden Town Board for purposes of
removing the commercial WECS in case the owner or operator fails to
do so as required above. Proof of this bond shall be provided annually
to the Alden Town Clerk; and
(g)
The sufficiency of the demolition bond shall be estimated initially
and confirmed at least every five years by an analysis and report
of the cost of removal and property restoration to be performed by
a New York State licensed professional engineer, the cost of same
to be borne by the owner or operator. If said analysis and report
determines that the amount of the bond in force is insufficient to
cover the removal, disposal and restoration costs, the bond shall
be increased to the amount necessary to cover such costs within 10
days of the owner or operator's receipt of such report.
(17)
Utility interconnection for commercial WECS. Written evidence
that the electric utility service provider that serves the proposed
commercial WECS has been informed of the applicant's intent to
install an interconnected customer-owned commercial WECS, unless the
applicant does not plan, and so states in the site plan review application,
to connect the commercial WECS to the electricity grid.
(18)
Insurance. The owner or operator of a commercial WECS shall
maintain a current liability insurance policy which will cover the
installation and operation of the commercial WECS at all times. As
a part of the site plan review process, the Alden Town Board may require
proof that the owner or operator is carrying sufficient liability,
workers' compensation, or other insurance as determined necessary
by the Alden Town Board, during installation and operation of a proposed
commercial WECS. Limits for said insurance policies shall be set by
the Alden Town Board based on the size and scope of each commercial
WECS project.
(19)
Construction bond. A construction bond in the amount of $1,000,000
to cover damage to any and all property is required. The bond shall
remain in full force and effect during the construction phase of any
and all commercial WECS. The Alden Town Board, in its sole and absolute
discretion, may likewise require that the Bond remain in full force
and effect during the operational stage of the commercial WECS and
shall have the ability to require an increase in the amount of the
bond in time as anticipated restoration costs increase.
(20)
Repairs. Any work to repair a commercial WECS shall comply with all applicable building codes, and a building permit, as required by Chapter 109, Building Code Administration, of the Alden Town Code, shall be obtained to conduct such work. Any work that will substantially alter, as determined by the Town of Alden Code Enforcement Office, a commercial WECS shall require site plan approval and a new special use permit.
(21)
Maintenance. A commercial WECS shall be maintained in good working
order and repair at all times.
(22)
Abatement. If any commercial WECS is not maintained in an operational
condition for a period of 12 consecutive months and/or poses a potential
safety hazard, the owner or operator shall take expeditious action
to remedy the situation. The Town of Alden, or its agent(s), reserves
the authority to abate any hazardous situation and to pass the cost
of such abatement onto the owner or operator of the commercial WECS.
If the Town of Alden, or its agent(s), determines that a commercial
WECS has been abandoned (not maintained in an operational condition
for a period of 12 consecutive months) or poses a safety hazard, the
commercial WECS shall be removed within 45 days of written notice
from the Town of Alden, or its agent(s), to the owner or operator
of the commercial WECS.
D.
Special use permit application requirements. Every application for a special use permit for a commercial WECS or commercial windmill farm shall be made, in writing, to the Alden Town Board in accordance with the requirements of Article XI of Chapter 365, Zoning, of the Alden Town Code and shall also include the following additional information:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the site involved or
that the applicant has written permission of the site owner to make
such an application.
(3)
A plot plan and development plan drawn in accordance with the Alden
Town Code.
(4)
A SEQRA long-form environmental assessment form (full EAF) shall
be supplied.
(5)
Aesthetics.
(a)
Commercial WECS which are part of the same commercial windmill
farm 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; and
(b)
A SEQRA visual environmental assessment form (visual EAF), as
well as a visual impact assessment of any proposed commercial WECS
or any proposed modifications to existing commercial WECS. 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 or other
major roads, from state, county or 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 Alden Town Planning Board or by the Alden Town
Board;
[2]
Alternative tower designs;
[3]
Assessment of visual impact from abutting properties and streets
of the tower base, accessory buildings and any other elements of the
commercial WECS as identified by the Alden Planning Board;
[4]
A view shed map of the proposed commercial WECS with a radius
of seven miles from any portion of the commercial WECS;
[5]
An inventory of all aesthetic resources in the view shed defined in Subsection D(5)(b)[4] above; and
[6]
Shadow flicker maps shall be prepared showing projected annual
hours of shadow flicker impact for all locations. Also included shall
be maps showing the daily duration of the shadow flicker.
(6)
A written report prepared by a New York State licensed professional
engineer, which describes the commercial WECS height and design (including
a cross section of the structure), demonstrates the commercial WECS's
compliance with applicable structural standards and describes the
commercial WECS's capacity.
(7)
A signed, written, agreement by the applicant to remove the commercial
WECS and accessory structures if such commercial WECS becomes technically
obsolete or ceases to be used for its originally intended purpose
for a period of 12 consecutive months.
(8)
All commercial WECS shall be inspected at least every second year
for structural integrity by a New York State licensed professional
engineer, and a copy of such written inspection report shall be submitted
to and filed with the Alden Town Code Enforcement Officer.
(9)
The special use permit fee as set forth in the Town's Fee Schedule,
as from time to time amended by resolution of the Alden Town Board.
(10)
Other information as requested by the Alden Town Planning Board
and the Alden Town Board.
Noncommercial WECS and noncommercial windmill farms are allowed
within all zoning districts of the Town of Alden following the issuance
of a building permit.
A.
Building permit application requirements. In addition to the requirements of Chapter 109, Building Code Administration, of the Alden Town Code, all building permit applications for a noncommercial WECS or noncommercial windmill farm must also include the following information:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the site involved or
that the applicant has written permission of the site owner to make
such an application.
(3)
A drawing that depicts the following:
(a)
Property lines, lease lines, and/or easement lines, and physical
dimensions of the site;
(b)
Location, approximate dimensions and types of existing structures
and uses on the site;
(c)
Location and elevation of each proposed noncommercial WECS;
(d)
Show the zoning designations of the immediate site and adjacent
parcels;
(e)
Include the make, model, picture and manufacturer's specifications
for each noncommercial WECS; and
(f)
Site topographic data.
(4)
The color of the noncommercial WECS.
(5)
Show compliance with building codes:
(a)
Building permit applications shall be accompanied by standard
drawings of structural components of the noncommercial WECS, including
support structures, tower, base and footings. Drawings and any necessary
calculations shall be certified, in writing, by a New York State licensed
professional engineer that the noncommercial WECS complies with the
current building codes. This certification is normally supplied by
the manufacturer, and an additional written certification is required
only if the same is not supplied by the manufacturer; and
(b)
Where the structural components or installation vary from the
standard design or specification, the proposed modifications shall
be certified, in writing, by a New York State licensed professional
engineer for compliance with the seismic and structural design provisions
of the building codes.
(6)
Show compliance with Electrical Code:
(a)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the noncommercial
WECS to be installed in sufficient detail to allow for a determination
that the manner of installation conforms to the Electrical Code; and
(b)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified, in writing, by a New York State licensed
professional engineer for compliance with the requirements of the
Electrical Code and good engineering practices.
(7)
Demonstrate rotor safety. If the manufacturer's standard design
is altered, the building permit application must include a statement
by a New York State licensed professional engineer certifying that
the rotor and overspeed controls have been designed and fabricated
for the proposed use in accordance with good engineering practices;
the engineer shall also certify the structural compatibility of possible
towers with available rotors. This certification is normally supplied
by the manufacturer and shall include the distance and trajectory
of the thrown blade from an exploding wind turbine or propeller based
upon reasonable and practical assumptions, and the additional certification
is required only if the same is not supplied by the noncommercial
WECS manufacturer.
(8)
The building permit fee as set forth in the Town's Fee Schedule, as from time to time amended by resolution
of the Alden Town Board.
B.
General requirements for a building permit. All applications for
a building permit for a noncommercial WECS and noncommercial windmill
farms shall comply with the following additional requirements:
(1)
All equipment and materials shall be used or installed in accordance
with the drawings and diagrams submitted with the building permit
application.
(2)
Rotor safety. Each noncommercial WECS shall be equipped with both
manual and automatic controls to limit the rotational speed of the
blade below the design limits of the rotor.
(3)
Guy wires. Anchor points for guy wires for noncommercial WECS shall
be located within property lines, lease lines or easement lines and
not on or across any aboveground electrical transmission or distribution
line. Guy wires for noncommercial WECS shall be marked, protected,
or enclosed to ensure the public safety.
(4)
Tower access and apparatus.
(a)
Towers shall have either:
[1]
Tower-climbing apparatus located no closer than 15 feet to the
ground;
[2]
A locked anti-climb device installed on the tower; or
[3]
The tower shall be completely enclosed by a locked, protective
fence at least eight feet high. For noncommercial windmill farms a
protective fence at least eight feet high enclosing the entire site
is required; and
(b)
Whenever possible, any apparatus necessary for a noncommercial
WECS shall be located inside the base of the tower.
(5)
Audible noise standard. Except during short-term events, including
utility outages and severe wind storms, a noncommercial WECS shall
be designed, installed and operated so that noise generated by the
system shall not exceed 50 decibels (dBA), as measured at the closest
neighboring property line. If it has been demonstrated to the Alden
Town Code Enforcement Officer that a noncommercial WECS is generating
more than 50 decibels (dBA), as measured at the closest neighboring
property line, the owner or operator shall promptly mitigate the noise
to the satisfaction of the Alden Town Code Enforcement Officer.
(6)
Electromagnetic interference. All noncommercial WECS shall be operated
such that no disruptive electromagnetic interference is caused. If
it has been demonstrated to the Alden Town Code Enforcement Officer
that a noncommercial WECS or a noncommercial windmill farm is causing
harmful interference, the owner or operator shall promptly mitigate
the harmful interference to the satisfaction of the Alden Town Code
Enforcement Officer.
(7)
Warning signs. Warning signs shall be posted at the base of each
noncommercial WECS tower warning of electrical shock and/or high voltage.
All such warning signs shall be visible from all directions.
(8)
Height. The minimum height of the lowest part of the swept area of
any noncommercial WECS shall be 10 feet above the highest existing
structure or tree within a one-hundred-foot radius of the noncommercial
WECS but no less than 20 feet above grade. For purposes of this requirement,
electrical transmission and distribution lines, antennas and slender
or open-lattice towers are not considered structures, unless they
would otherwise come into contact with moveable parts of the noncommercial
WECS. Modification of this standard may be made when the applicant
demonstrates that a lower height will not jeopardize the safety of
the noncommercial WECS. The total height of a noncommercial WECS shall
be equal to or less than 120 feet.
(9)
Setbacks.
(a)
A noncommercial WECS shall be set back from any property line,
lease line or easement line (as described below), aboveground utility
line, or other WECS a distance greater than 1.5 times its total height.
The entire setback area shall not include public roads and must be
located on the property either owned or leased by the applicant or
for which the applicant has obtained an easement and may not be located
within any setback area established by this chapter;
(b)
A noncommercial WECS may be placed in the front yard of any
principal building, provided that all setback requirements are met;
and
(c)
Contiguous property owners may construct a noncommercial WECS for use in common, provided that the required setback, as defined in Subsection B(9) above, is maintained relative to the property lines, lease lines or easement lines of nonparticipant owners. As a condition of issuing a building permit for the construction of a noncommercial WECS for use in common, a signed and acknowledged agreement between all involved contiguous property owners governing the ownership, use and maintenance must be submitted to and approved by the Town of Alden Code Enforcement Officer. Said agreement must run with the land and must be duly recorded in the Office of the Erie County Clerk.
(10)
Lighting. In the interests of public safety (Mercy Flights in
particular), noncommercial WECS exceeding 100 feet in total height
shall have red warning lights meeting Federal Aviation Administration
(FAA) standards, attached at or above hub level.
(11)
Exterior surface. All applicants for a noncommercial WECS shall
use measures to reduce the visual impact of a noncommercial WECS to
the extent possible. All structures in a noncommercial WECS project
shall be finished in a single, nonreflective, matte finished color
or a camouflage scheme.
(12)
Advertising. The use of any portion of a noncommercial WECS
for signs [except the warning signs required at Section B(7) above]
or advertising purposes, including company name, banners, streamers,
etc., is prohibited.
(13)
Utility interconnection for noncommercial WECS. Written evidence
that the electric utility service provider that serves the proposed
noncommercial WECS has been informed of the applicant's intent
to install an interconnected customer-owned WECS, unless the applicant
does not plan, and so states in the building permit application, to
connect the noncommercial WECS to the electricity grid.
(14)
Decommissioning and restoration. The applicant shall include
the following information regarding decommissioning of a noncommercial
WECS or noncommercial windmill farm project and restoring the site:
(a)
The anticipated life of each noncommercial WECS;
(b)
The estimated decommissioning costs in current United States
dollars;
(c)
The method and schedule for updating the costs of decommissioning
and restoration;
(d)
The method of ensuring that funds will be available for decommissioning
and restoration; and
(e)
The anticipated manner in which all noncommercial WECS will
be decommissioned and the site restored.
(15)
Repairs. Any work to augment or repair a noncommercial WECS shall comply with the building codes, and a building permit, as required by Chapter 109, Building Code Administration, of the Alden Town Code, shall be obtained to conduct such work.
(16)
Maintenance. A noncommercial WECS shall be maintained in good
working order and repair at all times according to the Alden Town
Code requirements.
(17)
Abatement. If any noncommercial WECS is not maintained in an
operational condition for a period of 12 consecutive months and/or
poses a potential safety hazard, the owner or operator shall take
expeditious action to remedy the situation. The Town of Alden, or
its agent(s), reserves the authority to abate any hazardous situation
and to pass the cost of such abatement onto the owner or operator
of the noncommercial WECS. If the Town of Alden or its agent(s), determines
that a noncommercial WECS has been abandoned (not maintained in an
operational condition for a period of 12 consecutive months) or poses
a safety hazard, the WECS shall be removed within 45 days of written
notice from the Town of Alden, or it agent(s), to the owner or operator
of the noncommercial WECS.
B.
Noncommercial WECS associated with agricultural operations shall be exempted from the provisions of § 357-6B(14).
C.
Nonelectrical WECS are exempt from the provisions of this chapter.
D.
In the event that a windmill farm contains both commercial WECS,
and noncommercial WECS the more restrictive requirements of this chapter
shall be applied.
Any and all variances to the requirements of this chapter for
specific installations must be approved by the Alden Town Board after
a public hearing and recommendation by the Town of Alden Zoning Board
of Appeals.
Any person or entity who violates any provision of this chapter
shall be guilty of a violation and subject to a fine of not more than
$250 per day, imprisonment not to exceed 15 days, or both such fine
and imprisonment. Each day of continued violation shall constitute
a separate offense.
The Alden Town Code Enforcement Officer, or his/her designee
shall be provided access, at any time, to any WECS site, for the purposes
of ensuring compliance with this and any other applicable law and/or
regulation. Such access shall be upon providing twenty-four-hour advance
notification to the owner or operator of any such site, except that
immediate access will be deemed granted in the case of an emergency
situation.
