[HISTORY: Adopted by the Town Board of the Town of Wilson
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 127.
[Adopted 2-16-2011 by L.L. No. 1-2011]
This article provides for the consideration of applications
for site permits for noncommercial wind energy conversion systems.
This article is designed to provide adequate and appropriate sites
to situate noncommercial wind energy conversion systems within the
Town to protect public health and general welfare in accordance with
its comprehensive use plan. The general goals include, among others,
the following specific purposes:
As used in this article, the following terms have the meanings
indicated:
A person or entity filing an application under this article.
Facilities, equipment, machinery, and other devices necessary
to the operation and maintenance of a commercial wind energy conversion
system, including access roads, collector and feeder lines, maintenance
buildings and substations.
A facility consisting of one or more wind energy conversion
systems with a rated capacity of more than 50 kW; or that is the primary
use on the sited parcel. A facility shall be considered commercial
if it supplies electrical power primarily for off-site use, or if
net revenue is produced by such electrical power.
To begin or cause to begin as part of a continuous program
the placement, assembly, or installation of facilities or equipment
or conduct significant site preparation work for installation of facilities
or equipment. Entering into binding power purchase contracts or obtaining
wind easements from property owners or gathering wind data is not
construction.
A document prepared by the chair that indicates a preliminary
decision to issue a site permit with particular terms and conditions.
The Federal Aviation Administration.
The entity or entities having equity interest in the wind
energy conversion system, including their respective successors and
assigns.
A conductor that connects the electrical distribution system
of an electric provider to a grounding electrode or electrodes.
Plants which grow in the wild within 10 miles to where they
are going to be planted.
A facility consisting of a tower and related wind-measuring
devices including data gathering and storage. Meteorological evaluation
towers (MET) are typically used to measure winds preliminary to construction
of a wind energy conversion system.
Plants of local provenance, where there is little to no possibility
that the plants were planted or introduced and originated from somewhere
else.
A facility to convert wind movement into electricity, with
a rated capacity of not more than 50 kW; and that is incidental and
subordinate to another use on the same parcel. A facility shall be
considered noncommercial only if it supplies electrical power solely
for on-site use, except that when a parcel on which a noncommercial
WECS is installed also receives electrical power supplied by a utility
company, excess electrical power generated by the WECS and not presently
needed for on-site use may be used by the utility company in exchange
for a reduction in the cost of electrical power supplied by that company
to the parcel for on-site use, as long as no net revenue is produced
by such electrical power.
A steady state of load electrical current for five seconds
or more on a grounding conductor or any other conductor that normally
does not carry electric current, except for any temporary flow of
electrical fault current that is caused by a phase-to-ground fault
condition and that results from the performance of a grounding conductor's
protective functions regarding faults or lightning.
A residence, school, business, hospital, church, public library
or other building used for public gathering that is occupied or in
use when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance
of the wind energy conversion system.
An individual, partnership, joint venture, private or public
corporation, association, firm, public service company, cooperative,
political subdivision, municipal corporation, government agency, public
utility district, or any other entity, public or private, however
organized.
The Town of Wilson Planning Board.
A legally enforceable agreement between two or more persons
where one or more of the signatories agrees to provide electrical
power and one or more of the signatories agrees to purchase the power.
This results from the position of the sun in relation to
the blades of the wind turbine as they rotate. This occurs under certain
combinations of geographical position and time of day. The seasonal
duration of this effect can be calculated from the geometry of the
machine and the latitude of the potential site.
A document issued by the board authorizing a person or persons
to construct a commercial wind energy system under the terms and conditions
specified in the document.
The vertical distance from ground level to the tip of a wind
turbine blade when the tip is at its highest point.
The Town of Wilson, New York.
A facility consisting of a tower, wind turbine generator
with blades, guy wires or other support structures and anchors, access
roads, and associated control and conversion equipment to convert
wind movement into electricity.
A single facility consisting of a tower, wind turbine generator
with blades, guy wires or other support structures and anchors. Wind
energy conversion systems (WECSs) may consist of one or more wind
turbines.
The Town of Wilson Zoning Board of Appeals.
A.
The placement, construction, and major modification of all noncommercial
wind energy systems within the boundaries of the Town of Wilson shall
be permitted in any residential zone only by special use permit granted
by the Zoning Board of Appeals and site plan approval granted by the
Planning Board, and in accordance with this article. The process of
obtaining a special use permit shall be as follows:
(1)
Submittal of a special use permit application and supplemental materials
to the Town.
(2)
Review of the special use permit application and site plan by the
Planning Board and subsequent New York State Environmental Quality
Review ("SEQR") review with the Town of Wilson Planning Board.
(3)
Recommendation from the Planning Board to the Zoning Board of Appeals
on the special use permit application and site plan approval.
(4)
Review of the special use permit application and subsequent action
taken by the Zoning Board of Appeals.
(5)
If a special use permit is granted by the Zoning Board of Appeals
following issuance of a special use permit and subsequent site plan
approval, a building permit must be obtained from the Building Inspector
for each wind energy facility to be constructed.
Special use permits issued for a noncommercial wind energy conversion
system shall be subject to the following height and setback conditions:
A.
Height requirement (maximum overall height): The total height of
any noncommercial wind energy system tower shall not exceed 150 feet.
The total height shall be measured from the ground elevation to the
top of the tip of the blade in the most upright vertical position.
B.
Setback requirements. The applicant shall adhere to the following
setbacks:
(1)
From property lines: noncommercial wind energy systems shall be setback
a minimum 1.5 times their total height from any property line.
(2)
From structures on property: noncommercial wind energy systems shall
be setback a minimum 1.5 times their total height from any other building
or structure on the parcel upon which the energy system is located.
(3)
From public roads and highways: noncommercial wind energy systems
shall be setback a minimum 1.5 times their total height from any public
road or highway.
(4)
From neighboring structures: noncommercial wind energy systems shall
be setback a minimum of 2.5 times their total height from any structure
located on a neighboring parcel.
(5)
From aboveground transmission lines: noncommercial wind energy systems
shall be setback a minimum 1.5 times their total height from any aboveground
transmission line.
C.
Placement of noncommercial wind energy systems shall be located in
the rear yard, unless otherwise directed by the Planning Board.
D.
Only one noncommercial wind energy system per legal lot shall be
allowed.
A.
Procedure. Upon submission of application for special use permit
with the Town, the applicant shall also submit 20 copies of a site
plan application.
B.
Site plan application requirements. The application shall include,
at a minimum, the following items:
(1)
Applicant and landowner's name and contact information, including
day and evening phone numbers.
(2)
Evidence that the applicant is the owner of the property involved
or has the written permission of the owner to make such application.
(3)
A site plan drawn in sufficient detail to show the following:
(a)
Locations and dimensions of all noncommercial wind energy system
components proposed on the site, including tower height, total height
measured to the top of the tip of the blade in the vertical position,
nacelle, length of blades, diameter of blade rotation, ground clearance,
base and footing, electrical wires, substations, junction boxes, maintenance
buildings including oil storage and other necessary components.
(b)
Location of the tower(s) on the site and the all dimensions,
including blades, rotor diameter and ground clearance. Unless otherwise
specified, all dimensions will be provided in standard US measurements.
(c)
Utility lines, both above and below ground, within a radius
equal to 1.5 times the proposed total height of the turbine (1.5 times
total height).
(d)
Rights-of-way, including rail, snowmobile, and public access
trails, within a radius equal to 1.5 times the proposed total height
of the turbine (1.5 times total height).
(e)
Property lot lines and location and dimensions of all existing
structures and uses on the site within 1.5 times the total height
of the turbine (1.5 times total height).
(f)
Federal, state, county or local parks, recognized historic or
heritage sites, state-identified wetlands and New York Audubon's
GIS database bird areas within 1.6 times the total height of the turbine
(1.6 times total height).
(g)
Manufacturer's information including dimensional drawings,
installation and operation instructions, photographs or detailed drawings
of each noncommercial wind energy system to be used, including tower
and foundation.
(4)
Proof of the following certifications:
(a)
Certification by a registered professional engineer that the
tower design is sufficient to withstand wind-load requirements for
structures as established by the New York State Uniform Fire Prevention
and Building Code.
(b)
Certification by a registered professional engineer that the
tower design is sufficient to withstand seismic requirements for structures
as established by the New York State Uniform Fire Prevention and Building
Code.
(c)
Certification by an electrical engineer or qualified electrical
technician or utility that the electrical system, including all lighting,
meets prescribed limits for harmonic distortion outlined by the Institute
of Electrical and Electronics Engineers (IEEE) in the 1992 IEEE Standard
519.
The Planning Board and Zoning Board reserve the right to require
any further information it finds necessary to review the application,
including but not limited to, a geotechnical report, noise report,
decommissioning plan, shadow flicker study, surrounding land use study,
a bird migration study, and a periodic inspection plan with checklist.
[Adopted 10-5-2016 by L.L. No. 3-2016]
The Town Board of the Town of Wilson adopts this article to
regulate the placement of commercial and industrial wind energy conversion
systems to protect the public safety, health and welfare; to provide
a regulatory structure that promotes the protection of the Town of
Wilson residents; to minimize the adverse impacts on the Town's character
and environment and economy and property values; to minimize negative
impacts on the unique resources, including, but not limited to, the
Seaway Trail, the Lake Ontario shoreline corridor and adjacent lands
and waterways, and the residential and farming communities of the
Town.
The Town Board of the Town of Wilson enacts this article under
the authority granted by:
A.
Article
IX of the New York State Constitution, § 2(c)(6) and (10).
B.
New York
Statute of Local Governments § 10, Subdivisions 1, 6 and 7.
C.
New York
Municipal Home Rule Law § 10, Subdivision 1(i) and (ii), and
§ 10, Subdivision 1(ii)a(6), (11), (12) and (14).
D.
The supersession
authority of New York Municipal Home Rule Law § 10, Subdivision
1(ii)d(3), specifically as it relates to determining which body shall
have power to grant variances under this article, and what variances
may be granted to the extent such grant of power is different than
under Town Law § 267 and § 274-b, and as it relates to the
power of the Town Board to regulate land use within the Town to the
extent the provisions of this article differ from the authority granted
to the Town by Article 16 of the Town Law.
E.
New York
Town Law, Article 16 (Zoning).
F.
New York
Town Law § 130, Subdivision 1 (Building code), Subdivision 3
(Electrical code), Subdivision 5 (Fire prevention), Subdivision 7
(Use of streets and highways), Subdivision 7-a (Location of driveways),
Subdivision 11 (Peace, good order and safety), Subdivision 15 (Promotion
of public welfare), Subdivision 15-a (Excavated lands), Subdivision
16 (Unsafe buildings), Subdivision 19 (Trespass), and Subdivision
25 (Building lines).
G.
New York
Town Law § 64, Subdivision 17-a (protection of aesthetic interests),
and Subdivision 23 (General powers).
H.
New York
Real Property Tax Law § 487.
I.
Police
powers of the Town of Wilson; and the laws of the State of New York.
The Town Board of the Town of Wilson makes the following findings:
A.
Shortsighted
planning has often resulted in creation of problem industries which
adversely affect public health and quality of life; examples are found
in Wilson, as well as many other areas of New York State, where abandoned
buildings and brownfields exist, health has been adversely affected,
pollution has been proliferated, quality of life has been diminished,
aesthetics have been compromised and community character has been
degraded. Commercial wind energy facilities are not exempt from these
problems, and careful siting and protections are of paramount importance.
Local communities have, through zoning, site plan approval, regulation
and careful planning, been primary protectors of their citizenry.
This article will contribute to this effort. The existence of Article
10 of the Public Service Law does not negate this responsibility,
and in fact recognizes it. Further, Article 10 remains untested by
judicial review addressing several potential legal issues. This article
is not unduly burdensome to the mandates or the process set forth
in Article 10 but is rather compatible with them.
B.
The findings
set forth in this article are cumulative and interactive and shall
be liberally interpreted in conjunction, one with another.
C.
Commercial/industrial
wind energy facilities have increased significantly in number and
can potentially be sited without sufficient regard to their impact
on the health, welfare and safety of residents, especially in small
rural communities.
D.
Commercial/industrial
wind energy facilities should benefit the residents of the local areas
where they are sited.
E.
Commercial/industrial
wind energy facilities are, by their very nature, not aesthetically
pleasing due to their height and disruption of views and skylines,
especially in rural, flat-landed communities without many high structures.
F.
The Town
of Wilson is a rural community devoid of large hills and consists
of mostly flat terrain.
G.
The Town
of Wilson is an agricultural community supporting varied agricultural
uses and is in the heart of Western New York's fruit growing region.
H.
The Town
of Wilson has very few tall structures.
I.
The Town
of Wilson is bordered on the north by Lake Ontario and on the east,
south and west by towns which share Wilson's agricultural and rural
residential character and are similarly low, flat areas.
J.
The only
other municipality in the Town of Wilson is the Village of Wilson,
which is a small village bedroom community, and which is also part
of the rural, residential community devoid of high structures.
K.
Commercial/industrial
wind energy facilities represent potential for extreme adverse aesthetic
impacts due to their height as well as other effects.
L.
The Town
of Wilson is located on a major migration route for many species of
birds and is a habitat for many species, both year-round and seasonal.
M.
The bat
population in the Town of Wilson is important and in distress.
N.
Commercial/industrial
wind energy facilities are known to pose danger to birds and bats
and have been demonstrated to kill numerous members of both species
annually.
O.
Commercial/industrial
wind energy facilities can cause danger to humans and animals, including
livestock, resulting from ice throw.
P.
If not
properly regulated, installation of commercial/industrial wind energy
facilities can create drainage problems through erosion and lack of
sediment control for facility and access road sites and can harm farmland
through improper construction methods.
Q.
Commercial/industrial
wind energy facilities, when improperly sited, are known to adversely
affect property values and cause economic hardship to property owners.
R.
The Town
of Wilson contains clusters and stretches of homes, including along
the Lake Ontario shoreline, in and around the eastern Wilson, the
Village of Wilson, and western Wilson, along Route 18 and Lake Road,
as well as dispersed residences which residents have chosen as their
homes, often because of a love for a rural-pastoral lifestyle.
S.
Town of
Wilson residents and visitors enjoy outdoor activities, including
marine (boating, fishing, sailing, swimming, kayaking, etc.) and land
(hunting, hiking, cycling, snowmobiling, jogging, etc.), all of which
are potentially adversely affected by the presence of commercial/industrial
wind energy facilities.
T.
Commercial/industrial
wind energy facilities may be significant sources of noise, including
infrasound that, if unregulated, can negatively affect quiet enjoyment
of the area, properties, and the health and quality of life of residents.
U.
Construction
of wind facilities can create traffic problems and can cause damage
to local roads and infrastructure.
V.
Commercial/industrial
wind energy facilities have the potential to cause electromagnetic
interference with various types of communications.
W.
Commercial/industrial
wind energy facilities have the potential to adversely interfere with
orderly development of the Town of Wilson, including single-family
residences and small subdivisions, by making such development unappealing.
X.
Commercial/industrial
wind energy facilities need to be regulated for removal when no longer
utilized.
Y.
Commercial/industrial
wind energy facilities provide renewable energy. Their viability is
highly dependent on state and federal subsidies, and renewable energy
companies are subject to economic pressure and potential bankruptcies.
Funding and mechanisms for removal when the facilities are no longer
operating need to be in place.
Z.
The Town
of Wilson has regulated certain wind energy facilities for the past
five years through local laws. this article represents an updating
of said regulation.
AA.
In formulation
of this article, many studies have been reviewed and taken into consideration.
Wind energy laws in other locations have been reviewed and considered;
experiences of other areas have been studied; the Town of Wilson Comprehensive
Plan has been considered and complied with; and its conclusions and
recommendations have been duly considered and given great weight.
BB.
When
considering large-scale construction and maintenance, due weight should
be given to the following:
(1)
The
relative distress caused to a community and its residents;
(2)
The
actual necessity for such facility given energy production in the
area and region, including clean energy production;
(3)
Past
and present stresses and disruption imposed upon an area due to all
types of energy production;
(4)
Alternatives
to facilities, including location in other areas, location in areas
where demand is needed, and alternative methods of producing clean
energy;
(5)
Location
in areas of highest consumption; and
(6)
The
burden on a community and its residents versus reward to the community
and its residents, with emphasis upon quality of life.
As used in this article, the following definitions apply. If any definition herein conflicts with a definition found elsewhere in the Town Code, the definitions set forth here apply. If not defined in this article, the definitions as set forth in § 127-5 shall apply. As used in this article, the following terms shall have the meanings indicated:
Ambient sound encompasses all sound present in a given environment,
being usually a composite of sounds from many sources near and far.
It includes intermittent noise events, such as from aircraft flying
over, dogs barking, wind gusts, mobile farm or construction machinery,
and the occasional vehicle traveling along a nearby road. The ambient
sound also includes insect and other nearby sounds from birds and
animals or people. The nearby and transient events are part of the
ambient sound environment but are not to be considered part of the
long-term background sound.
Refers to or means the American National Standards Institute.
The person or entity filing an application and seeking license
under this article; the owner of a WECS or a proposed project; the
operator of a WECS or proposed project; or any person acting on behalf
of an applicant, WECS project or proposed WECS. Whenever the term
"applicant" or "owner" or "operator" is used in this article, said
term shall include any person acting as an applicant, owner or operator.
Background sounds are those heard during lulls in the ambient
sound environment and represent the quietest 10% of the time: for
example, the quietest one minute.
A-weighted sound-pressure level. A measure of overall sound-pressure
level designed to reflect the response of the human ear, which does
not respond equally to all frequencies. It is used to describe sound
in a manner representative of the human ear's response. It reduces
the effects of the low frequencies with respect to the frequencies
centered around 1,000 Hz. The resultant sound level is said to be
"weighted," and the units are "dBA." Sound-level meters have an A-weighting
network for measuring A-weighted sound levels (dBA) meeting the characteristics
and weighting specified in ANSI Specifications for Integrating Averaging
Sound Level Meters, 51.43-1997, for Type 1 instruments and are capable
of accurate readings (corrections for internal noise and microphone
response permitted) at 20 dBA or lower. In this article, "dBA" means
"LAeq" unless specified otherwise.
C-weighted sound-pressure level, similar in concept to the
A-weighted sound level (dBA), but C-weighting does not deemphasize
the frequencies below 1kHz as A-weighting does. It is used for measurements
that must include the contribution of low frequencies in a single
number representing the entire frequency spectrum. Sound level meters
have a C-weighting network for measuring C-weighted sound levels (dBC)
meeting the characteristics and weighting specified in ANSI SI. 43-1997,
Specifications for Integrating Averaging Sound Level Meters for Type
1 instruments. In this article, "dBC" means "L" unless specified otherwise.
A dimensionless unit describing the amplitude of sound and
denoting the ratio between two quantities that are proportional to
power, energy, or intensity. One of these quantities is equal to 20
times the logarithm to the base 10 of the ratio of the measured pressure
to the reference pressure, which is 20 micropascals.
The environmental assessment form used in the implementation
of SEQRA as that term is defined in 6 NYCRR 617.
Any and all Wilson landowners having no contractual relationship
with a wind developer.
Any and all landowners having a signed lease, easement, or
good neighbor agreement with a wind developer.
Any person, partnership, LLC, corporation, joint venture,
trust or other entity.
A person with demonstrated competence in the specialty of
community noise testing who is a person with full membership in the
Institute of Noise Control Engineers (INCE).
Any building suitable for habitation in the Town of Wilson
on the date an application for a wind energy facility permit is received.
A residence may be part of a multidwelling or multipurpose building,
and shall include buildings such as hunting camps, seasonal residences,
hotels, hospitals, motels, dormitories, nursing homes, schools, churches
or buildings used for educational purposes or public gatherings.
The diameter of the largest swept area of a rotating turbine
blade.
Shall mean, unless otherwise identified, Article II of Chapter 125.
The New York State Environmental Quality Review Act and its
implementing regulations in 6 NYCRR 617.
A distance measured from the closest rights-of-way line of
the road rights-of-way, property lines, village limits, edge of wetlands,
high-water level of Lake Ontario, edge of streambed, closest point
of residence foundation to the base of the turbine or measurement
tower, zoning districts, or other point or line of reference.
The visual effect of viewing the moving shadow of the wind
energy conversion system (WECS) rotor blades when they are in a position
between the receptor (person viewing them) and the sun and/or the
"strobe" lighting effect of this condition as perceived by the receptor,
whether directly or indirectly (as in a reflection off a light-colored
wall).
The minimum area necessary for a wind energy facility to
satisfy the required setbacks and any other standards in this article.
The site may be publicly or privately owned by an individual or a
group of individuals controlling single or adjacent properties. Where
an individual or group of individuals owns or control adjacent properties,
those properties may be combined for the purposes of this article
through an easement or other legally enforceable agreement recorded
in the real property records in the Niagara County Clerk's office.
The agreement must, at a minimum, describe all lands that may be impacted
if the WECS fell and must remain in effect as long as the WECS is
in place. Where multiple adjacent lots are in single ownership or
are combined through such agreement, such multiple or combined lots
shall together be considered the "site."
The level, expressed in decibels, which is equaled or exceeded
a stated percentage of time. Sound-pressure level is spectrally weighted
to correspond to a spectrum of interest. For example, the A-weighted
decibel scale (dBA) represents those frequencies most readily audible
to the human ear. The C-weighted decibel scale (dBC) approximates
response of the human ear to low-frequency sounds. The G-weighted
decibel scale (dBG) is designed for infrasound. Sound measurements
shall use sound meters that meet the American National Standards Institute
Specifications for Integrating Averaging Sound Level Meters, S1.43-1997,
for Type I instruments and be capable of accurate readings (corrections
for interval noise and microphone response permitted) at 20 dBA or
lower.
A construction and operating permit granted in accordance
with the provisions of this article.
The height of the tower from the finished ground elevation
to the furthest vertical extension of the turbine rotor plane.
The height of the tower from the finished ground elevation
at the tower base to the center of the hub forming the attachment
point for turbine blades.
Any machine or wind facility that converts the kinetic energy in the wind into electricity, including all related infrastructure, electrical lines and substations, access roads and accessory structures; also known as a commercial/industrial wind energy conversion system. Excluded from the definition are noncommercial wind energy conversion systems regulated by Article I of Chapter 125 and having a height of 150 feet or less.
A.
No wind facility or wind energy conversion system shall be constructed,
reconstructed, modified or operated in the Town of Wilson, except
in compliance with this article and in compliance with all conditions
of approval established by the Town Board.
B.
This article shall, for all purposes, supersede the provisions of the Town Code Article II of Chapter 125 (Commercial wind-energy conversion systems), provided that if any provision, section or requirement of this article shall be finally determined not to apply or to be unenforceable by any court or state or federal agency having authority to so determine, then any provision of Town Code Article II of Chapter 125 having relevance to said provision, section or requirement shall apply.
C.
If any provision of this article conflicts with any other provision
of the Town of Wilson Code, provisions of this article shall apply.
D.
If any provision, section or requirement of this article shall be
finally determined not to apply, or to be unenforceable or void, by
any court, state or federal agency having authority to so determine,
it shall not affect the validity or enforceability of this article
as a whole or any other part thereof.
E.
Nothing in this article shall prevent the ability of the Town of
Wilson to appeal or seek court determination of any action by any
agency, tribunal, or lower court.
A.
An application for a special use permit for a wind energy facility
or a single WECS shall include the following:
(1)
Name, address, and telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address and telephone number of the agent, as well as an original
signature of the applicant authorizing the representation.
(2)
Name and address of the property owner. If the property owner is
not the applicant, the application shall include proof of site control
by recorded document establishing that the applicant is authorized
to utilize the property for the intended purpose.
(3)
Address, or other property identification, of each proposed WECS
location, including Tax Map section, block and lot number, and latitude
and longitude coordinates.
(4)
A description of the project, including the number and maximum rated
power output capacity of each WECS.
(5)
For each WECS proposed, a plot plan prepared by a licensed surveyor
or engineer drawn in sufficient detail to clearly describe the following:
(a)
Property lines and physical dimensions of the site;
(b)
Location, approximate dimensions and types of existing structures
and uses on site, public roads, and adjoining properties within a
three-thousand-foot radius of the proposed WECS.
(c)
Location and ground elevation of each proposed WECS.
(d)
Location of all aboveground and below-ground utility lines on
the site, and all related transformers, power lines, interconnection
points with transmission lines, and other ancillary facilities or
structures.
(e)
Location and size of structures above 30 feet within a three-thousand-foot-radius
of any proposed WECS. For purposes of this requirement, electrical
transmission and distribution lines, antennas and slender or open-lattice
towers are considered structures.
(f)
Location of, and measured distances (accurate GPS measurements
may be utilized) of, each proposed WECS tower from every setback required
pursuant to this article.
(g)
To help demonstrate compliance with the setback requirements
of this article, circles drawn around each proposed tower site having
a radius equal to:
(h)
All proposed facilities, including access roads, electrical
lines, substations, storage or maintenance units, and fencing.
(i)
The names and addresses of all property owners within a three-thousand-foot-radius
of each WECS, as shown on the assessment roll of the Town of Wilson,
together with the current use of all such property.
(6)
Elevation drawing of the WECS 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 WECS of the same type
and total height.
(7)
Landscaping plan: depicting vegetation and forest cover, describing
the area to be cleared of vegetation and forest cover and areas where
vegetation and forest cover shall be added, identified by species
and size of specimens at installation, and their locations.
(8)
Lighting plan: showing any FAA-required lighting and other proposed
lighting. The application should include a copy of the determination
by the Federal Aviation Administration to establish required markings
and/or lights for the structure; but if such determination is not
available at the time of the application, the application shall so
state, and such determination shall be submitted prior to final approval.
(9)
Decommissioning plan: a decommissioning plan as specified in this
article.
(10)
Complaint resolution plan: a complaint resolution plan to address
complaints within 24 hours of receipt of notice thereof and to resolve
any complaint in a diligent and timely manner under the circumstances.
(11)
Information relating to the construction/installation of the
wind energy facility as follows:
(12)
Completed Part 1 of the full EAF.
(13)
For each proposed WECS: include make, model, picture, and manufacturer's
specifications, including noise decibel data. Include manufacturers'
material safety data sheet documentation for the type and quantity
of all materials used in the operation of all equipment, including,
but not limited to, all lubricants and coolants.
(14)
As part of the application, or as a supplement to the application and simultaneously submitted, the following: Each submittal shall contain a thorough analysis/explanation of the ability and means to comply with the "Standards for commercial/industrial WECS," found in § 125-14.
(a)
Shadow flicker: The applicant shall submit a study on potential
shadow flicker. The study shall identify locations where shadow flicker
may be caused by the WECS and the expected durations of the flicker
at these locations. The study shall identify areas where shadow flicker
may be present at locations of any residences, highways, parks or
open recreation areas and detail measures that will be taken to mitigate
or eliminate such interference and to comply with the requirements
of this article.
(b)
Visual impact: Applications shall include a visual impact study
of the proposed WECS as installed, which shall include a computerized
photographic simulation, demonstrating any visual impacts from strategic
vantage points. Color photographs of the proposed site from at least
several locations accurately depicting the existing conditions shall
be included. The visual analysis shall also indicate the color treatment
of the system's components and any visual screening incorporated
into the project that is intended to lessen the system's visual
prominence.
(c)
Fire protection/emergency response plan: a fire protection and
emergency response plan, created in consultation with the fire department(s)
having jurisdiction over the proposed wind energy facility, to address
coordination with local emergency/fire protection providers during
the construction or operation phase in the event of an emergency,
fire or other hazard.
(d)
Noise analysis/study: a noise analysis by a qualified acoustical consultant documenting the noise levels associated with each proposed WECS. The study shall document noise levels at property lines and at the property line of the nearest residences not on the site for each residence in a three-hundred-sixty-degree circle of the site. The noise analysis shall be performed according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other procedure accepted by the Town Board, and shall include both a dBA analysis and dBC analysis. The noise analysis/study shall demonstrate compliance with the noise provisions as set forth in the "Standards for commercial/industrial WECS," found in § 125-14.
(e)
Property value analysis: property value analysis, prepared by a New York State licensed appraiser experienced in appraising rural properties of the type and nature typically found in the Town of Wilson, evaluating the potential impact of the project on values of properties in the Town of Wilson, and in addition a proposed means to protect property owners from decrease in values caused by the establishment and operation of the proposed WECS, and to comply with the property value preservation subsection set forth in the "Standards for commercial/industrial WECS," found in § 125-14.
(f)
Electromagnetic interference: an assessment of potential electromagnetic
interference with microwave, radio, television, satellite systems,
personal communication systems and other wireless communication, including
broadband, weather and other radar, identifying specific potential
interference to established systems.
(g)
Transportation impacts: an analysis of impacts on local transportation,
identifying impacts anticipated during construction, reconstruction,
modification, or operation of each WECS. Transportation impacts to
be considered shall include, at a minimum: potential damage to local
road surfaces, road beds and associated structures; potential traffic
tie-ups by haulers of WECS materials; impacts on school bus routes;
and impacts of visitors to the WECS facilities. Local roads shall
include all state highways, county highways, Town highways, and village
streets and highways, which will be or may be used by the applicant.
(h)
Transportation plan: a transportation plan 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 also describe any anticipated
improvements to existing roads, bridges or other infrastructure, and
measures to restore damaged/disturbed access routes and all other
infrastructure following construction. Roads shall include all state
highways, county highways, Town highways, and village streets and
highways, which will be or may be used by the applicant.
(i)
Groundwater impacts: an analysis of impacts on local groundwater
resources shall be prepared regarding impacts anticipated during construction,
reconstruction, modification, or operation, decommissioning and post-decommissioning
of each WECS. A geotechnical report shall be provided and shall include:
soil and geologic characteristics of the site based on site sampling
and testing; a bedrock profile within one mile of the site; information
on depth of well; average flow rate; and with permission by owner,
test of water quality for all wells within two miles of the site;
grading criteria for ground preparation, cuts and fills, soil compaction,
and a slope stability analysis.
(j)
An assessment of potential immediate and long-term impacts to
local flora and fauna, micro- and macrohabitats, and groundwater and
surface water related to but not limited to, excavation, blasting,
clear-cutting and grading during the site preparation phase.
(k)
Cultural, historical and archaeological resources plan: an analysis
of impacts on cultural, historical and archaeological resources addressing
and assessing impacts anticipated during construction, reconstruction,
modification or operation of each WECS. This assessment shall be conducted
in accordance with standards of the New York State Office of Parks,
Recreation and Historic Preservation.
(l)
Wildlife impacts: An analysis of impacts on local wildlife shall
be prepared, addressing impacts anticipated during construction, reconstruction,
modification, or operation of each WECS. Wildlife impacts to be considered
shall include, at a minimum, anticipated impacts on flying creatures
(birds, bats, insects), as well as wild creatures existing at ground
level. An assessment of the impact of the proposed development on
the local flora and fauna shall also be prepared. The analysis will
include migratory and resident avian species and bat species. The
scope of such assessment shall take into consideration New York State
Department of Environmental Conservation and United States Fish and
Wildlife Service studies, standards and recommendations and must,
at a minimum, consist of preconstruction data of three years, and
literature/studies/survey for threatened and endangered species and
species of concern, and migratory species that provide relevant information
on critical flyways and migration routes, and shall describe the potential
impacts of any proposed facilities on bird and bat species, and an
avoidance or mitigation plan to address any impacts, as well as plans
for three-year post-installation studies. The reports shall provide
sufficient information to allow the Town Board to make a determination
on any mitigation conditions or a denial of permits as provided in
the standards for commercial/industrial WECS section.
(m)
Operation and maintenance plan: an operation and maintenance
plan providing for regular periodic wind energy facility schedules,
any special maintenance requirements and procedures and notification
requirements for restarts during icing events.
(n)
Blade throw report: a report from a New York State professional
engineer that calculates the maximum distance that ice from the turbine
blades and pieces of turbine blade may be thrown. (The basis of the
calculation and all assumptions must be thoroughly explained and justified.)
The frequency incidence of reported ice and blade throws and the conditions
at the time of the ice and blade throw must be included, and the report
must specifically address the climatic and weather conditions found
in the Town of Wilson.
(o)
Stray voltage report: an assessment, pre- and post-installation,
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.
(p)
A health report utilizing available background health, including
mental health, analysis for the Town and the region, including age,
proliferation of known health disorders, and effects of noise presence
of WECS and flicker effect on people, as well as a proposed means
of accessing a health background on individuals who wish to participate
for determination of health effects if a WECS is constructed; a thorough
analysis of the potential health effects, including mental health,
related to commercial/industrial wind turbines, and a plan to mitigate
each of the effects and to address them.
(q)
An agriculture effect report, including impacts on all types
of agricultural activities present in the Town of Wilson. The report
shall address the effects of wind turbulence and disruption on fruit
production, effects on beef and dairy farms, grain farming and all
other farming activities. The report must address insect and bee population
effects, effects on orchard and crop pollination, microclimate effects
and impacts on orchard and crop growing seasons.
(r)
A report/analysis of the effects on the economy of the Town,
including income of residents and effects on other industries and
jobs.
(s)
A report and analysis on any effect on any military installation
in the County of Niagara, including the Niagara Falls Air Reserve
Station, its potential effects on flight patterns, its potential to
cause radar interference, effect on base siting evaluations, and the
potential economic effect on the County of Niagara should the base
be closed, including job loss and economic impact.
(t)
A report and analysis on any outdoor activities common in the
Town of Wilson, including hunting, hiking, biking, etc.
(u)
A complete report on:
[1]
The need for the project, including demand analysis and limitations
on transport of power to high-demand areas.
[2]
Other "clean" energy power projects in the area, including the
Niagara Power Project, with analysis of total clean power generated
in Niagara County versus other areas in the state.
[3]
The effect on the Great Lakes Seaway Trail, a national scenic
byway.
[4]
Increased expenses imposed upon the Town of Wilson as a result
of the proposed project.
[5]
All alternative sites identified by the applicant and its affected
entities.
[6]
Local power needs in the Town of Wilson and total power generated.
[7]
Total disruption/burden placed upon the Town of Wilson for all
power-generation activities, including existing facilities and infrastructure.
Compare to other areas of the state; use population/energy usage per
capita versus total energy burden.
(15)
For any requirement of a report, analysis or study, required
pursuant to this Subsection F or required by any other provision of
this article, or by the Town Board in its review process, the Town
may require an expanded or supplemental report or study by the applicant,
or an independent study, analysis or report by a consultant of the
Board's choosing. The applicant shall be responsible for the
cost of any review/report study or analysis commissioned by the applicant,
to be paid for from the escrow fund established pursuant to this article.
(16)
The applicant shall, prior to the receipt of a special use permit,
provide proof that it has executed an interconnection agreement with
the New York independent system operator and the applicable transmission
owner. The applicant shall also provide proof of complying with Public
Service Commission power purchase requirements.
(17)
A statement, signed under the penalty of perjury that the information
contained in the application is true and accurate to the best of the
applicant's knowledge.
(18)
Proof of continuous liability insurance in the amount of $5,000,000
per occurrence with a total policy minimum of $10,000,000 per year.
This shall be submitted to the Town of Wilson indicating coverage
for potential damages or injury to landowners and the public.
(19)
Disclosure of financial interests. For any financial interest
held by a municipal officer, or his or her relative, in any wind development
company or its assets, within three years prior to the date of an
application for a permit under this article, the wind company shall
disclose on the application the municipal officer or his or her relative
and the nature and scope of the financial interest of each person.
(20)
All wind speed data obtained by the applicant from any wind
measurement tower in the Town, including an explanation of the methodology
utilized to obtain measurements.
(21)
The applicant shall fund an escrow as required by this article
to cover the amount by which the Town's cost to review the applicant's
application, including the cost of any independent study, analysis
or report and the cost of the Town Engineer, exceeds the application
fees paid by the applicant. The applicant and the Town may enter into
an agreement as to the amount of the escrow. If no agreement is reached
prior to review, the fund shall be 1.5% of the total estimated cost
of the project, including both "hard" and "soft" costs, approvals,
etc. The amounts paid to the Town shall not exceed this amount. This
amount is determined to be the best estimate of all costs to the Town
for its review process as set forth in this article. The escrow shall
be funded prior to review of the application. If, at the end of the
review process and decision on the application by the Town Board,
funds remain in the escrow fund, the balance shall be returned to
the applicant together with an accounting of the expenditures incurred
by the Town.
(22)
Copies of all applications and proposed plans should be made
available to the public within seven days of receipt by the Town Board
and placed in the Town Library and Town Clerk's office as well
as on the Town of Wilson website.
A.
Applicants may request a preapplication meeting with the Town Supervisor,
Town Code/Zoning Enforcement Officer and such consultants as the Supervisor
shall determine. Such meeting shall be informal, and no party shall
be bound by any statements made.
B.
An original executed and 15 copies of the application and a complete
digital version shall be submitted to the Town Clerk. Payment of all
application fees shall be made at the time of application submission.
The Town Clerk shall forward one copy to the Code/Zoning Enforcement
Officer, five copies to the Town Supervisor, and additional copies
to such individuals as the Supervisor shall direct.
C.
The Code/Zoning Enforcement Officer, in consultation with the Town
Engineer, and any other consultants deemed necessary, shall determine
whether the application is complete. If the application is deemed
incomplete, the Town Code/Zoning Enforcement Officer shall provide
the applicant with a written statement listing the missing information.
No refund of application fees shall be made, but no additional fees
shall be required upon submittal of the additional information, unless
the number of WECS proposed is increased. When the application is
complete, it shall be filed, and the applicant shall be notified it
has been accepted for filing.
D.
Upon filing of a complete application, the Town Clerk shall transmit
the application to the Board.
E.
In addition to the public hearing requirement, the Town Board may,
in its discretion, require the applicant to conduct information sessions
for the public benefit. The number of such sessions shall be at the
discretion of the Town Board, and notice shall be given to media in
such a manner as the Town Board shall determine. During these sessions,
the public will be afforded the opportunity to question the applicant
regarding the project.
F.
The Town Board shall hold at least one formal public hearing on the
application. Notice shall be published in the Town's official
newspaper no less than 10 days before the hearing. In the event that
any hearing is adjourned by the Board to hear additional comments,
no further publication or mailing shall be required. Notice shall
also be given to property owners in the Town of Wilson at the address
shown on the assessment roll of the Town of Wilson, or by publishing
such notice in the Town's newsletter.
G.
At the discretion of the Town Board, the public hearing may be combined
with public hearings on any environmental impact statement. Notice
for SEQRA public hearings must meet the specification set out in 6
NYCRR 617.12(c).
H.
Notice of the project shall also be given, when applicable, to: the
Niagara County Planning Board, if required by General Municipal Law
§§ 239-l and 239-m; and to adjoining towns where the
project site is located within 3,000 feet of the adjoining town boundary.
I.
SEQRA review. Applications for commercial/industrial WECS are deemed
Type I projects under SEQRA. The Town Board may conduct its SEQRA
review in conjunction with other agencies or communities, in which
case the records of review by said agencies or communities shall be
part of the record of the Town Board's proceedings. The applicant
shall be responsible for the Town's legal and engineer's
fees in connection with the SEQRA.
J.
After a thorough and detailed evaluation of the application in which
the Town Board completes the required "hard look" of all materials
and public input, and upon receipt of the report of the recommendation
of the County Planning Board (where applicable), the holding of the
public hearing, and the completion of the SEQRA process, the Town
Board shall approve, approve with conditions, or deny the application(s).
The Board shall issue a written decision with the reasons for approval,
conditions of approval or disapproval fully stated.
K.
If approved, the Town Board will issue to the applicant a special
use permit for each WECS for the purpose of construction and continued
operation based on satisfaction of all conditions for said permit.
This authorizes the Code Enforcement Officer/Building Inspector to
issue a building permit for each WECS upon compliance with the Uniform
Fire Prevention and Building Code and the other conditions of this
article.
L.
The decision of the Town Board shall be filed within five business
days in the office of the Town Clerk and a copy mailed to the applicant
by first-class mail.
M.
If any approved WECS is not substantially commenced within one year
of issuance of the permit, the special use permit shall expire.
The following restrictions on location, standards and conditions
shall apply to all commercial/industrial WECS. Applications must demonstrate
compliance with these standards.
A.
Restricted areas:
(1)
No commercial/industrial wind energy systems shall be allowed in
any urban residential districts (UR40, UR100), semirural residential
districts (SR100, SR150), or in the Waterfront Commercial (WC) District.
(2)
No commercial/industrial wind energy systems shall be allowed within
the boundary areas of the designated for public recreation or located
within the Parkland District (PL).
B.
Setbacks. No commercial/industrial wind energy systems shall be allowed
within the following setbacks. If more than one setback applies, the
most-restrictive setback shall prevail.
(2)
From structures: a minimum of two times the total WECS height from
any building.
(3)
From property lines: a minimum of two times the total WECS height
from any property line, excluding adjoining lot lines of the project
participants. Such setbacks from property lines do not apply if the
application is accompanied by a legally enforceable agreement that
is recorded in the Niagara County Clerk's Office for a period
of the life of the permit, that the affected adjacent landowner(s)
agree to the elimination of the setback.
(4)
From public roads and highways: a minimum 1,500 feet or two times
the total WECS height from any public road and highway, whichever
is greater.
(5)
From aboveground transmission lines greater than 12 kilovolts: a
minimum two times the total WECS height from any aboveground transmission
line greater than 12 kilovolts.
(6)
From the boundary of the Village of Wilson: a minimum of 1/2 mile
(2,640 feet).
(7)
From residences: a minimum of 2,000 feet.
(8)
From another commercial/industrial WECS turbine: a minimum of 2,000
feet.
C.
All power transmission lines from the tower to any building or other
structure shall be located underground.
D.
No television, radio or other communication antennas may be affixed
or otherwise made part of any commercial/industrial WECS, except pursuant
to the Town Site Plan Review and Subdivision Law.[1] Applications may be jointly submitted for WECS under this
article and telecommunications facilities under the Site Plan and
Subdivision Law.
E.
No advertising signs are allowed on any part of the wind energy facility,
including fencing and support structures.
F.
Lighting of tower. No tower shall be lit except to comply with FAA
requirements. Motion-sensitive on-demand lighting is required. Minimum-security
lighting for ground-level facilities shall be allowed as approved
on the site plan.
G.
All applicants shall use measures to reduce the visual impact of
WECS to the extent possible. All structures in a project shall be
finished in a single, nonreflective, matte-finished color. Individual
WECS shall be constructed using wind turbines whose appearance, with
respect to one another, is similar within and throughout the project
so as to provide reasonable uniformity in overall size, geometry,
and rotational speeds. No lettering, company insignia, advertising,
or graphics shall be on any part of the tower, hub, or blades.
H.
No WECS shall be installed in any location where its proximity with
existing fixed broadcast, retransmission, or reception antennas for
radio, television, or wireless phone or other personal communication
systems will produce electromagnetic interference with signal transmission
or reception. No WECS shall be installed in any location along the
major axis of an existing microwave communications link where its
operation is likely to produce electromagnetic interference in the
link's operation. If it is determined that a WECS is causing
electromagnetic interference, the operator shall take the necessary
corrective action to eliminate this interference up to and including
relocation or removal of the facilities, or resolution of the issue
with the impacted parties. Failure to remedy electromagnetic interference
is grounds for revocation of the special use permit for the specific
WECS causing the interference.
I.
All solid waste and hazardous waste and construction debris shall
be removed from the site and managed in a manner consistent with all
applicable rules and regulations.
J.
WECS shall be designed to minimize the impacts of land clearing and
the loss of open space areas. Land protected by conservation easements
shall be avoided. The use of previously developed areas will be given
priority wherever possible. All topsoil disturbed during construction,
reconstruction or modification of each WECS will be stockpiled and
returned to the site upon completion of the activity that disturbed
the soil.
K.
WECS shall be located in a manner that minimizes significant negative
impacts on animal species in the vicinity, particularly bird and bat
species, including those that may be listed by the United States Fish
and Wildlife Service as threatened or endangered. When the Town Board
determines that significant negative impacts have not or cannot be
sufficiently mitigated by a proposed WECS, no permit may be issued.
L.
WECS shall be located in a manner consistent with all applicable
state and federal wetlands laws and regulations.
M.
Stormwater runoff and erosion control shall be managed in a manner
consistent with all applicable state and federal laws and regulations.
N.
For all aspects of the application and operations of WECS, the New
York State Department of Agriculture and Markets' guidelines
for agricultural mitigation for wind power projects in effect as of
the date of the application shall be adhered to, and any other agricultural
effects identified shall be mitigated, both inside and outside of
agricultural districts.
O.
The maximum total height of any WECS shall be determined by application
of all parts of this article to the application. The minimum feasible
height shall be the maximum height of any WECS, and the applicant
shall justify any requested maximum height and demonstrate to the
Town Board's satisfaction the reason why a lower height is not
feasible. Notwithstanding the foregoing, no wind tower total height
shall exceed 450 feet.
P.
Construction of the WECS shall be limited to the hours of 7:00 a.m.
to 7:00 p.m., Monday through Friday, unless a different schedule is
approved by the Town Board.
Q.
If it is determined that a WECS is causing stray voltage issues,
the operator shall take the necessary corrective action to eliminate
these problems, up to and including relocation or removal of the facilities,
or resolution of the issue with the impacted parties. Failure to remedy
stray voltage issues is grounds for suspension or revocation of the
special use permit for the specific WECS causing the problems.
R.
WECS shall be located in a manner that minimizes significant negative
impacts on the historical and cultural aspects of the community (i.e.,
high concentration of historic stone houses and buildings and old-style
barns). This shall be done in coordination with the New York State
Office of Parks, Recreation and Historic Preservation. In addition,
the review of New York Department of State Guidelines for Scenic Areas
of Statewide Significance shall be respected.
S.
Each WECS shall be equipped with both manual and automatic controls
to limit the rotational speed of the rotor blade so it does not exceed
the design limits of the rotor.
T.
Fencing may be required, as determined by the Town Board.
U.
Appropriate warning signs shall be posted. At least one sign shall
be posted at the base of the tower, warning of electrical shock or
high voltage. A sign shall be posted on the entry area of fence around
each tower or group of towers and any building (or on the tower or
building if there is no fence), containing emergency contact information,
including a local telephone number with twenty-four-hour, seven-day-a-week,
coverage. The Town Board may require additional signs based on safety
needs.
V.
No climbing pegs or tower ladders shall be located closer than 15
feet to the ground level at the base of the tower structure.
W.
The minimum distance between the ground and any part of the rotor
or blade system shall be 30 feet.
X.
WECS shall be designed to prevent unauthorized external access to
electrical and mechanical components and shall have access doors that
are kept securely locked.
Y.
The owner and/or operator of a WECS that has received approval under
this article, and for which a permit has been issued, shall file with
the Town Clerk on an annual basis an operation and maintenance compliance
report detailing the operation and maintenance activities over the
previous year and certifying full compliance with the operation and
maintenance plan. The annual report shall include a noise analysis
by a qualified acoustical consultant, performed according to the International
Standard for Acoustic Noise Measurement Techniques for Wind Generators
(IEC 61400-11) or such other procedure as accepted by the Town Board
during the permit review process, which certifies to the Town that
the noise level of the WECS is in full compliance with the provisions
of this article and the permit as issued.
Z.
Traffic routes.
(1)
Construction and delivery vehicles for WECS and/or associated facilities
shall use traffic routes established as part of the application review
process.
(2)
The applicant is responsible for remediation of damaged roads and
infrastructure upon completion of the installation and/or maintenance
of a WECS. The applicant shall comply with all requirements of any
Town of Wilson infrastructure, preservation or protection law.
(3)
In addition to complying with any Town of Wilson infrastructure preservation
or protection law, prior to placing the wind energy facility in operation,
and for the life of the project, the applicant shall repair or reconstruct
all state highways, county highways, Town highways and village streets
and highways damaged by the applicant to the standards set forth by
the Niagara County Highway Department, regardless of the condition
of such highways, roads and streets prior to the commencement of construction
by the applicant.
AA.
Noise standards for wind energy systems.
(1)
The equivalent level (LEQ) generated by a wind energy conversion
system (WECS) shall not exceed the limits listed in Table 1 when measured
at the nearest off-site residence existing at the time of application,
or for which a building permit has been issued. If the A-weighted
background sound-pressure level, without the WECS, is within five
dB of some or all of the limits in Table 1, or exceeds some or all
of the limits in Table 1, then the A-weighted criterion to be applied
to the WECS application for those affected limits shall be the A-weighted
background level plus five dB. Note: For example, during daytime,
if the background is less than or equal to 40 dB, then the limit is
45 dB. However, if the background is greater than 40 dB, say 44dB,
e.g., then the applicable WECS limit is the background level plus
five dB, which calculates to 49 dB for this example.
(2)
In all cases, the corresponding C-weighted limit shall be the operable A-weighted limit (from Table 1 or based on the A-weighted background, as appropriate) plus 18 dB. The application shall include certification by a qualified acoustical consultant as to the predicted A- and C-weighted WECS sound levels at potentially impacted residential sites. The qualified acoustical consultant shall be a member of the Institute of Noise Control Engineering of the USA. The background shall be measured and predicted in accordance with Subsection AA(3) below.
|
Table 1: WECS Noise Limits at Residential Receivers
|
|
(1-Hour LEQ Derived per ANSI S12.9 Part 4 and S12.100)
|
|
Daytime
(7:00 a.m. to 8:00 p.m.)
|
Nightime
(8:00 p.m. to 7:00 a.m.)
| |
|
A-weighted level (dB)
|
45
|
35
|
|
C-weighted level (dB)
|
63
|
50
|
(3)
A-weighted background community noise levels shall be based
on measured hourly L90 levels gathered following the procedures specified
in ANSI/ASA S12.9 Part 3 (R2013), Short Term Measurements with an
Observer Present, and ANSI/ASA S12.100-2014, Methods to Define and
Measure the Residual Sound in Protected Natural and Quiet Residential
Areas. The day shall be divided into two time periods: daytime, the
hours from 7:00 a.m. to 8:00 p.m.; and nighttime, the hours from 8:00
p.m. to 7:00 a.m. If insect noise possibly can dominate some of the
hourly L90 measurements,[1] then Ai weighting (see Schomer et al.,
2010[2]) shall be used in lieu of the standard A-weighting, or measurements
shall not be made when insect noise possibly can dominate some of
the hourly L90 measurements. The background shall be reported by time
period and computed as follows: The minimum hourly L90 shall be tabulated
by time period and by day, and the arithmetic average by time period
over all the periods of measurement shall be computed. These three
averages of daily minima shall be reported as that site's daytime,
evening, and nighttime A-weighted background, respectively.
|
NOTES:
|
|
1. In relatively quiet areas, insect noise, especially during
summer months, can easily dominate the A-weighted ambient sound level.
This domination occurs partly because the primary frequencies or tones
of many, if not most, insect noises are in the range of frequencies
where the A-weighting is a maximum, whereas, most mechanical and WECS
noises primarily occur at the lower frequencies where the A-weighting
significantly attenuates the sound. Also, insect noise and bird song
do not mask WECS noise at all because of the large differences in
frequencies or tones between them.
|
|
2. Schomer, Paul D. et al., "Proposed 'Ai'-Weighting;
a weighting to remove insect noise from A-weighted field measurements,"
InterNoise 2010, Lisbon Portugal, 13-16 June 2010.
|
(4)
Parcels three acres or smaller. The A-weighted background measurements
shall be made along the line from the nearest proposed WECS to the
dwelling in question. If the parcel of land has no dwelling, then
the line shall terminate within 25 feet of the center of the parcel.
The actual position of the microphone shall be within the property
in question and should be within 25 feet to either side of the line,
no closer than 50 feet from the property boundary, and no closer than
25 feet from the house or any other structures. If positioning within
this "measurement box" is not possible because of unique site conditions,
such as the position being underwater or the property being too small,
then the unique conditions shall be fully documented and an alternate
position selected and justified.
(5)
Parcels larger than three acres. The A-weighted background measurements
shall be made along the line from the nearest proposed wind turbine
to the property line of the residence or vacant parcel. The actual
position of the microphone shall be within the property in question,
shall be at the property line closest to any wind turbine, and shall
be no more than 50 feet from the property boundary. If positioning
within this "measurement box" is not possible because of unique site
conditions, such as the position being underwater or the property
being too small, then the unique conditions shall be fully documented
and an alternate position selected and justified. The microphone shall
be no closer than 50 feet from the house or any other structures.
(6)
Measurement requirements. The microphone shall be situated between
four and 4.5 feet above the ground. Measurements shall be conducted
within the general provisions of ANSI/ASA S12.9 Part 3 and 12.100
(see above), and using a meter that meets at least the Type 2 requirements
of ANSI S1.4 and S1.4A-1985 (R2006). The meter noise floor shall be
20 dBA or lower. The report shall include each hourly measured A-weighted
L90 level, the tabulated daily minima by time period, and the three
time period averages. The report also shall include a sketch of the
site showing distances to the structure(s), to the property line,
etc., and several photographs showing the structure(s), the property,
and the acoustical instrumentation. All instrumentation shall be listed
by manufacturer, model, and serial number. This instrumentation listing
also shall include the A-weighted noise floor and the one-third octave
band noise floors, if utilized, for each meter used.
(7)
Background prediction and measurement. Background measurements
shall be conducted by the applicant throughout the area, using sufficient
sites to generally characterize the background in various areas of
the community.
(8)
The starting point for predicting WECS A- and C-weighted levels
at potentially impacted residential parcels shall be the manufacturer-supplied
octave band sound power levels, as measured by the manufacturer in
accordance with International Standard for Acoustic Noise Measurement
Techniques for Wind Generators (IEC 61400-11 and 61400-14, with all
tolerances added to the apparent sound power level used in the model).
At a minimum, the octave band data shall include the 10 octave bands
with nominal center frequencies ranging from 16 Hz to 8,000 Hz (see
ANSI S1. 6-1984), and the sound power levels for these bands shall
be tabulated in the report. Any data not available from the manufacturer
shall be estimated from field measurements on like wind turbines already
in use. Any such field measurements shall be described fully and documented
in the report.
(9)
In the event that audible noise due to wind energy facility
operations contains a steady or pure tone, or an intermittent or reoccurring
tone, such as a whine, screech, or hum, the tones shall be eliminated.
(NOTE: Minimum distances or setbacks are a very inexact means to limit
WECS noise. It is far more appropriate to deal with each application
on its own merits, taking into account the ground surface in the area,
the number and placement of the wind turbines, and the sound power
produced by the particular model of the WECS.)
(10)
Any noise level falling between two whole decibels shall be
rounded to the nearest whole decibel.
(11)
The maximum noise level for any WECS measured from the property
boundary lines of any school shall not exceed 40 dBA.
(12)
The Town, using the services of the Town Engineer, may conduct
or contract for any measurements. In addition to the report filed
by the applicant/operator, the applicant/operator shall cooperate
with any Town testing of noise levels, including providing access
to all sites for that purpose.
(a)
The duration of any WECS measurement shall be 30 minutes. During the thirty-minute period, the equivalent level (LEQ) generated by the WECS shall be measured. The WECS operator shall cooperate by turning the wind turbines on and off as needed for the test and to provide the SCADA information to confirm that the wind turbine was operating at full power and not in a noise-reduced mode. The measurement location shall be at any Subsection AA(1) residential property as given in Subsection AA(1) and at any point on this residential property at which the background community noise may be measured per Subsection AA(3). Measurements shall be entirely within the appropriate time period (e.g., during nighttime for nighttime enforcement), and the WECS shall operate continuously during the thirty-minute measurement.
(b)
The microphone shall be situated between four and 4.5 feet above
the ground. Measurements shall be conducted within the general provisions
of ANSI/ASA S12.9 Part 3 and S12.100 as above, and using a meter that
meets at least the Type 2 requirements of ANSI S1.4 and S1.4A-1985
(R2006). The instrument noise shall be at least 10 dB below the lowest
level measured.
(c)
A calibrator shall be used as recommended by the manufacturer
of the sound level meter. The fundamental level of the calibrator
and the sensitivity of the sound level meter shall be verified annually
by a laboratory using procedures traceable to the National Institute
of Standards and Technology.
(d)
A wind screen shall be used as recommended by the sound level
meter manufacturer.
(e)
An anemometer shall be used and shall have a range of at least
zero to 15 miles per hour (zero to 6.7 meters per second) and an accuracy
of at least ± two miles per hour (± 0.9 meters per second).
Measurements with wind speeds over 2.2 meters per second shall be
rejected.
(f)
A compass shall be used to measure wind direction to at least
an eight-point resolution: N, NE, E, SE, S, SW, W, NW. Measurements
shall be A-weighted or, alternatively, in one-third-octave bands.
For A-weighted measurements, the uncertainty (tolerance) of measurements
shall be 1 dB for a Type 1 meter and 2 dB for a Type 2 meter. For
one-third-octave-band measurements, the meter shall meet the Type
1 requirements of ANSI S12.4 and S12.4a-1985 (R2006), and the uncertainty
of measurements shall be disclosed in each one-third-octave band along
with the method used to calculate them.
(g)
For all measurements, the surface wind speed, measured at a
one-and-five-tenths-meter height, shall be less than 2.2 meters per
second.
(h)
All measurements shall be corrected for the background on the
basis of mean square pressures. For one-third-octave-band measurements,
each one-third-octave band shall be individually corrected for the
background in that band; that is, both the WECS (which always includes
the background), and the background alone shall be measured in each
one-third-octave band. For either A-weighted data or one-third-octave-band
data, the background shall be measured during a like period when the
WECS is not operating, and Table II shall be used to correct for the
background, by band in the case of one-third-octave-band data. A like
period includes the same or like location, like surface wind speed
and direction, like time of day and day of the week (e.g., Monday
through Thursday night, Friday or Saturday night, or Sunday night),
etc.
(i)
After correction, when using data measured in one-third-octave
bands, all remaining bands, excluding bands set equal to zero, shall
be converted to A-weighted bands and then shall be summed on a mean
square pressure basis to establish the WECS background-corrected A-weighted
sound level.
|
Table II
Correction in dB that shall be subtracted from the WECS sound
level measurement (which always includes the background sound level)
because of the background sound so that the result is just the sound
level of the WECS alone. (See Note 1 below.)
| ||||||||
|
Δ, difference
(dB)
|
< 3
|
3 — 4
|
5 — 6
|
7 — 10
|
>10
| |||
|
K, correction (dB)
|
Notes 2,3
|
3
|
2
|
1
|
0
| |||
|
Notes:
| ||||||||
|
1. This table provides a simple correction to measurements of
WECS sound in the presence of the background. For example, the sound
of a WECS (along with the background sound, which is always present)
is measured as 40 dBA, and the background sound level alone (without
the WECS) is measured as 34 dBA. Then Δ, the difference in decibels
is six dB (first row, third column), and the corresponding correction
shall be two dB (second row, third column). That is, two dB shall
be subtracted from the measured 40 dBA level, and it is adjusted to
and reported as 38 dBA. The same procedure is followed in each band
for one-third-octave-band data.
| ||||||||
|
2. When using directly measured A-weighted levels, if the difference
between the WECS sound level (plus background sound level) and the
background sound level alone is less than three dB, then it shall
not constitute a violation of this chapter.
| ||||||||
|
3. When using measured one-third-octave-band data, if the difference
between the WECS sound-pressure level (plus background sound-pressure
level) and the background sound-pressure level alone, each in the
same one-third-octave band, is less than three dB, then the WECS level
for that one-third-octave band shall be set to zero. The report shall
include a sketch of the site showing distances to the structure(s),
to the property line, etc., and several photographs showing the structure(s),
the property, and the acoustical instrumentation. All instrumentation
shall be listed by manufacturer, model, and serial number. This instrumentation
listing also shall include the A-weighted noise floor and the one-third-octave
band noise floors, if utilized, for each sound level meter used.
| ||||||||
BB.
Economic effects. WECS shall be sited and constructed so as to minimize
any adverse economic effects on the Town, its residents and its economic
activities, including agricultural activities, in accordance with
conditions established by the Town Board.
CC.
Health effects. WECS shall not adversely affect the health, including
mental health, of the residents of the Town of Wilson. All available
material and studies as well as baseline health reports of willing
residents must be contained in a health maintenance plan for any WECS
project. Preconstruction health exams shall be provided to willing
residents. Reports of residents' exams shall be sealed or maintained
in the possession of residents or their physicians, unless they are
made available by residents in accordance with HIPAA procedures.
DD.
No WECS shall be located in the Town of Wilson which, after all data,
required reports and studies are considered, as determined by the
Town Board, will cause unacceptable interference with or danger to
bird or bat populations or to migration routes.
(1)
When a WECS has been constructed in the Town of Wilson, the
applicant/owner/operator shall inventory all bird or bat kill and
report the same to the Town on a monthly basis. The applicant/owner/operator
shall also provide access to the site and surrounding area to the
Town-designated representative to inventory killed birds or bats on
a daily basis, if requested.
(2)
If a tower or towers in a WECS are determined to cause numbers
of bird or bat kill which are determined to be excessive, after consultation
with the Department of Environmental Conservation and other involved
agencies, remedial action shall be required, up to and including suspension
or revocation of a permit or any part thereof.
EE.
Real property value protection plan. The WECS owner(s) ("applicant")
shall assure the Town of Wilson that there will be no loss in real
property value within two miles of each wind turbine within their
WECS. To legally support this claim, the applicant shall consent,
in writing, to a real property value protection agreement ("agreement")
as a condition of approval for the WECS. This agreement shall provide
assurance to nonparticipating real property owners (i.e., those with
no turbines on their property) near the WECS that they have some protection
from WECS-related real property value losses. The applicant shall
agree to guarantee the property values of all real property partially
or fully within two miles of the WECS. Any real property owner(s)
included in that area who believes that his/her property may have
been devalued due to the WECS may elect to exercise the following
option:
(1)
All appraiser costs are paid by the applicant from the escrow
account. The applicant and the property owner shall each select a
licensed appraiser. Each appraiser shall provide a detailed written
explanation of the reduction, if any, in value to the real property
("diminution value"), caused by the proximity to the WECS. This shall
be determined by calculating the difference between the current fair
market value (FMV) of the real property and what the FMV would have
been at the time of exercising this option, assuming no WECS was proposed
or constructed.
(a)
If the higher of the diminution valuations submitted is equal
to or less than 25% more than the other, the two values shall be averaged
("average diminution value" or "ADV").
(b)
If the higher of the diminution valuations submitted is more
than 25% higher than the other, then the two appraisers will select
a third licensed appraiser, who shall present to the applicant and
property owner a written appraisal report as to the diminution value
for the real property. The parties agree that the resulting average
of the two highest diminution valuations shall constitute the ADV.
(c)
In either case, the property owner may elect to receive payment
from the applicant of the ADV. The applicant is required to make this
payment within 60 days of receiving said written election from the
property owner to have such payment made.
(2)
Other agreement conditions.
(a)
If a property owner wants to exercise this option, he/she must
do so within 10 years of the WECS receiving final approval from the
Town of Wilson.
(b)
A property owner may elect to exercise this option only once.
(c)
The applicant and the property owner may accept mutually agreeable
modifications of this agreement, although the applicant is not allowed
to put other conditions on a financial settlement (e.g., confidentiality).
If the property owner accepts some payment for property value loss,
based on an alternative method, that is considered an exercise of
this option.
(d)
This agreement applies to the property owner of record as of
the date of the issuance of the permit and is not transferrable to
subsequent owners.
(e)
The property owner of record as of the date of the issuance
of the WECS permit must reasonably maintain the property from that
time, until he/she chooses to elect this option.
(f)
The property owner must permit full access to the property by
the appraisers, as needed, to perform the appraisals.
(g)
The property owner must inform the appraisers of all known defects
of the property as may be required by law, as well as all consequential
modifications or changes to the property subsequent to the date of
the WECS application.
(h)
This agreement will be guaranteed by the applicant (and all
its successors and assigns) for 10 years following the WECS receiving
final approval from the Town of Wilson, by providing a bond (or other
surety), in an amount determined to be acceptable by the county;
(i)
Payment by the applicant not made within 60 days will accrue
an interest penalty. This will be 12% annually, from the date of the
written election from the property owner.
(j)
For any litigation regarding this matter, all reasonable legal
fees and court costs will be paid by the applicant.
(k)
Upon application, the applicant shall provide a performance
bond (or equivalent) in an amount determined by the Town of Wilson
and held by the Town of Wilson. This surety account will ensure execution
of all aspects of this agreement (including compensation of eligible
property owners in the case of default by the applicant). Failure
to maintain this surety account shall be cause for revocation or suspension
of the WECS permit.
FF.
Any other standard or requirement established by the Town Board as
set forth as a condition of approval of an application shall apply.
A.
If any WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant shall, without any further action by the Town Board, remove said system at its own expense in accordance with the provisions of Subsection C of this section. This provision shall not apply if the applicant demonstrates to the Town that it has been making good-faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town Board's ability to order a remedial action plan.
B.
Nonfunction or lack of operation may be proven by reports to the
Public Service Commission, NYSERDA or by lack of income generation.
The applicant shall make available to the Town all reports from the
purchaser of energy from individual WECS. Upon request of the Supervisor,
the Supervisor may also require periodic documentation reporting the
power output generated by the WECS.
C.
Decommissioning and site restoration plan and requirements. An application
for a wind energy facility permit shall include a decommissioning
and site restoration plan containing the information and meeting the
requirements in this article.
(1)
The plan shall provide for the removal from the project parcels,
and lawful disposal or disposition of, all wind turbines and other
structures, hazardous materials, electrical facilities, and all foundations
to a depth of not less than 60 inches below grade. The plan shall
provide for the removal of all access roads that the owner of the
project parcels wants removed. The plan shall provide for the restoration
of the project parcels to farmland of similar condition to that which
existed before construction of the WECS.
(2)
The plan shall provide for the decommissioning of the site upon the
expiration or revocation of the WECS permit, or upon the nonfunctioning
of the WECS.
(3)
The plan shall include: the estimated decommissioning cost in current
dollars; how said estimate was determined; the method of ensuring
that funds will be available for decommissioning and restoration;
and the method that will be used to keep the decommissioning costs
current, adjusted annually based on a suitable index such as the "RS
Means Heavy Construction Cost Data" index.
(4)
The plan shall include provisions for financial security to secure
completion of decommissioning (removal of nonfunctional towers and
appurtenant facilities) and site restoration. The applicant, or successors,
shall continuously maintain a fund in an amount to be determined by
the Town Board for the period of the life of the facility. This fund
shall be no less than 125% of the estimated cost of full decommissioning
and restoration in the form of a cash deposit with the Town in the
amount of 25% of such fund, and the balance of such fund in the form
of an irrevocable bond in form and content as approved by the Town
Board. All decommissioning funding requirements shall be met prior
to commencement of construction.
(5)
The plan shall include written nonrevocable authorization from the
permit holder and the owners of all parcels within the project for
the Town to access the parcels and implement the decommissioning and
site restoration plan, in the event that the permit holder fails to
implement the plan. The written authorization shall be in a form approved
by the Town and shall be binding on the heirs, assigns and distributees
of the owner(s) and shall be recorded in the office of the Niagara
County Clerk.
(6)
Use of decommissioning fund.
(a)
Any nonfunctional WECS or any WECS for which the special use
permit has been revoked shall be removed from the site and the site
restored in accordance with the approved decommissioning and site
restoration within 180 days of the date on which the facility becomes
nonfunctional or of the revocation of the special use permit, by the
applicant or owner of the WECS.
(b)
If removal of the WECS is required and the applicant, permittee,
or successors fail to remove the WECS and restore the site in accordance
with the approved decommissioning and site restoration plan, the permittee,
by accepting the permit, authorizes the Town Board to contract for
such removal and restoration and to pay for the removal and restoration
from the posted decommissioning and site restoration fund.
(c)
If the fund is not sufficient, the Town shall charge the permit
holder for the costs over and above the amount of the fund.
A.
Nothing in this article shall be deemed to give any applicant the
right to cut down surrounding trees and vegetation on any property
to reduce turbulence and increase wind flow to the wind energy facility.
Nothing in this article shall be deemed a guarantee against any future
construction or Town approvals of future construction that may in
any way impact the wind flow to any wind energy facility.
B.
Notwithstanding anything to the contrary contained in this article
or any other local law, ordinance, rule or regulation of the Town
of Wilson, building permits shall not be issued for new construction
on the same parcel as a permitted WECS when the proposed construction
is located within a setback required by this article. No property
or lot upon which a WECS has been permitted shall be further subdivided
in a manner that would result in a reduction of the setbacks required
by this article and/or as set forth in the permit.
A.
Testing fund. A special use permit shall contain a requirement that
the applicant perform periodic noise testing by a qualified acoustical
measurement consultant, which shall be included in the annual operation
maintenance and compliance report required under this article, and
may be required more frequently upon request of the Code Enforcement
Officer in response to complaints or reasonable suspicion of violation
of permit requirements. The scope of the noise testing shall be to
demonstrate compliance with the terms and conditions of the special
use permit and this article and shall include an evaluation of any
complaints received by the Town. The Town may, if the Code/Zoning
Enforcement Officer so determines, conduct or have conducted such
testing as it determines, in addition to the applicant/operator. Such
testing shall be paid for by the applicant.
B.
Operation. A WECS 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 and requirements of this article. Should a WECS become
inoperable, or should any part of the WECS be damaged, or should a
WECS violate a permit condition or any provision of this article,
the owner or operator shall immediately notify the Code Enforcement
Officer. Upon such notice, or if the Code Enforcement Officer determines
that a violation exists, he shall determine the severity of the noncompliance.
If he determines the violation to be a threat to the life, safety,
health or immediate well-being of the public, he may order the WECS
to be shut down. Upon notification of a violation, the applicant/owner/operator
shall submit a remediation plan, in writing, within 10 days outlining
the steps to be taken to remedy the violation. If no plan is submitted,
or if remediation is not completed within 90 days of notice, or at
any other time the Code Enforcement Officer deems appropriate, the
Code Enforcement Officer shall notify the Town Board.
C.
Notwithstanding any other enforcement provision under this article,
if the WECS is not repaired or made operational or brought into permit
compliance after said notice, the Town may, after a public hearing
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 remedial action within a particular time frame; or order suspension
of the permit until compliance is achieved; or order revocation of
the wind energy permit for the WECS and require the removal of the
WECS within 90 days. If the WECS is not removed, the Town shall have
the right to use the security posted as part of the decommission plan
to remove the WECS.
A.
Nonrefundable application fees for WECS, wind measurement towers,
and small WECS shall be established by the Town Board and reviewed
periodically. The fee may be changed by resolution of the Town Board.
Until established, the fee shall be $1,000 per megawatt of rated maximum
capacity, submitted with the application.
B.
Reimbursement of expenses related to WECS project. The Town Board
of the Town of Wilson has determined that the review of building and
electrical permits for WECS requires specific expertise for those
facilities. Accordingly, for such facilities (WECS), an administrative
fee of $500 per permit request shall be charged for administrative
costs, plus the amount charged to the Town by the outside consultant(s)
hired by the Town to review the plans and inspect the work. The Town
and the applicant will enter into an agreement for an inspection and/or
certification procedure for these unique facilities, and the applicant
will be required to deposit the sum of $100,000 in an escrow account
with the Town, which the Town may use to pay for any expenses it incurs
related to this project. The fees established herein may be amended
from time to time by resolution of the Town Board.
C.
Nothing in this article shall be read as limiting the ability of
the Town to enter into host community agreements with any applicant
to compensate the Town for expenses or impacts on the community. The
Town shall require any applicant to enter into an escrow agreement
to pay the engineering and legal costs of any application review,
including the review required by SEQRA.
A.
Upon approval by the Town Board of a WECS special use permit application,
and as a condition to the issuance of a WECS special use permit, the
applicant shall designate a field representative and site manager
who will be responsible for overseeing compliance with the conditions
of the permit. Such representative and site manager shall be in place
for as long as the WECS is in place. This person will have the authority
to make management and technical decisions as situations demand. The
applicant shall provide and update, at all times, the names, addresses,
daytime telephone numbers and emergency telephone numbers of the field
representative and site manager to the Town Code Enforcement Officer
and the Town Supervisor. The applicant shall also provide contact
information for all entities providing operation, maintenance and
monitoring services.
B.
As a condition to the issuance of a WECS special use permit, the
services of an engineering firm will be retained by the Town of Wilson
during the construction phase of the WECS project.
C.
Prior to commencing construction, the applicant shall pay the Town
a project inspection fee in the amount of 3% of the estimated cost
of construction, including all materials, contracts and labor. Said
amount is determined to be the reasonable cost to the Town to provide
for such inspection. If the cost to the Town is less than that amount,
the balance shall be refunded to the applicant upon completion of
the construction, issuance of a certificate of occupancy and approval
of all state and federal agencies.
D.
The engineering firm will oversee all aspects of construction and
will be included in all design, construction, and planning meetings
and shall be provided with all technical information, specifications
and drawings. A representative of the engineering firm shall be on
site at all times during the construction phase. The firm will also
monitor road and infrastructure use and determine any damages to the
same.
E.
The engineering firm's duties shall include coordination with
the Code Enforcement Officer for enforcement actions and project specification
compliance, and it will be confirming that all project specifications
are implemented. The firm's representative may recommend that
the Code Enforcement Officer issue a stop-work order for issues including
but not limited to safety; developer compliance issues; and insufficient
project documentation.
F.
The applicant shall file daily, weekly and monthly construction plans
and will follow the planned work schedule as much as possible. When
daily, weekly, or monthly schedules are not completed as planned,
updated schedules shall be developed and given to the engineering
firm representative.
G.
The applicant shall provide the engineering firm representative and
the Code Enforcement Officer with as-built drawings within one week
of completion of each portion of the construction phase, or as requested
by the engineering firm representative, or Building Inspector.
H.
All upgrades or changes to the WECS project, as permitted, shall
be reviewed and approved by the engineering firm and Code Enforcement
Officer prior to the implementation of such upgrades or changes. No
changes to basic design, height or location will be permitted unless
approved as an amendment to the application by the Town Board.
I.
A final maintenance plan shall be provided to and approved by the
Code Enforcement Officer, with input from the engineering firm, prior
to issuance of a certificate of occupancy, including but not limited
to:
(1)
A list of all items requiring regular maintenance.
(2)
Duration of accumulated time between scheduled maintenance.
(3)
Work to be completed during the maintenance operation.
(4)
Person responsible for the maintenance.
(5)
Process that the applicant uses to ensure maintenance is carried
out appropriately.
K.
All maintenance reports shall be filed with the Code Enforcement
Officer monthly, or more frequently as required.
L.
In the event of an accident, the Town Code Enforcement Officer shall
have the authority to shut down all of the affected turbines until
a thorough investigation has taken place, a cause has been determined
and steps have been taken to ensure the problem will not reoccur,
as evidenced by a report to the Code Enforcement Officer.
A.
This article shall be enforced by the Town Code Enforcement Officer
B.
Any person owning, controlling or managing any building, structure
or land who shall undertake a wind energy facility in violation of
this article, or who operates such facility in noncompliance with
the terms and conditions of any permit issued pursuant to this article,
shall be guilty of a violation and subject to a fine of not more than
$250 or to imprisonment for a period of not more than 15 days, or
to both such fine and imprisonment. Every such person shall be deemed
guilty of a separate offense for each week such violation shall continue.
C.
The Code Enforcement Officer may, after notice of violation, enter
into a consent order with the applicant/owner/operator to remedy the
violation with specifications to be taken and an agreed schedule.
D.
Special proceeding. In addition to any other remedy, the Town Board
may institute an action or proceeding in equity, correct or abate
any unlawful construction, erection, structural alteration, reconstruction,
modification and/or use of a wind energy facility, and shall be entitled
to injunctive relief, including a temporary restraining order and
a temporary injunction as the court deems appropriate.
A.
Nothing in this article, including the issuance of the permit by
the Town, shall eliminate any property or rights of property owners
or residents to enforce their legal remedies, including, but not limited
to, actions in law or equity, in the nature of nuisance proceedings,
or tort or negligence proceedings.
B.
The Town reserves its right to opt out of the tax exemption provisions
of Real Property Tax Law § 487, pursuant to the authority
granted by Subsection (8) of said law, or by any other provision of
law.
