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.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL OR FARM OPERATION
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.
BUILDING CODES
Collectively, the Town of Alden Building Code, the New York State Building Construction Code, and the
New York State Uniform Fire Prevention and Building Code.
FALL ZONE
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.
HUB
The center portion of the blade cluster that connects the
blades to the wind energy conversion system base.
OVERSPEED CONTROL
A mechanism used to limit the speed of blade rotation to
below the design limits of the wind energy conversion system.
SEQRA
The New York State Environmental Quality Review Act.
SHADE
The decrease of light intensity of 20% or more.
SHADOW FLICKER
The alternating pattern of sun and shade caused by wind energy
conversion system blades casting a shadow.
SITE
The physical location of a wind energy conversion system,
including the related tower, and transmission equipment.
SWEPT AREA
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.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension
of a wind energy conversion system.
TOWER
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine and other mechanical devices are
mounted.
WIND ENERGY CONVERSION SYSTEM (WECS)
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.
A.
COMMERCIAL WECSA WECS that has the capacity to generate greater than 25 kilowatts.
WIND TURBINE
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.
WINDMILL FARM
More than one WECS located within a single site, or on adjacent
sites, when more than one WECS owners are working jointly.
A.
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.
B.
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.
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
(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.
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.