The Town of Verona Wind-Power Facilities Local Law is adopted pursuant to Article
IX of the New York State Constitution, § 2(c)(6) and (10); New York Statute of Local Governments, § 10(1), (6) and (10); New York Municipal Home Rule Law, § 10(1)(i) and (ii) and § 10(1)(a)(6), (11), (12) and (14); New York Town Law Article 16, the Town of Verona's authority to enact zoning provisions that advance and protect the health, safety and welfare of the community, and to provide for, as conditions permit, the accommodation of wind-power energy systems and equipment and access to wind necessary therefor.
This article is adopted to advance and protect the public health,
safety and welfare of the residents of the Town of Verona, including:
A. Taking advantage of safe, abundant, renewable and nonpolluting energy
resources;
B. Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family homes; and
C. Increasing employment and business development in the region.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The entity or individual person seeking a permit for the
siting of a wind-power facility.
FINANCIAL ASSURANCE
The reasonable assurance from a credit-worthy party, examples
of which include a surety bond, trust instrument, cash escrow or irrevocable
line of credit.
LANDOWNER
The owner of the land upon which wind-power facilities are
located.
OPERATOR
The entity responsible for the day-to-day operation and maintenance
of the wind-power facility, including any third-party subcontractors.
OWNER
The entity or entities with equity interest in the wind-power
facility, including their successors or designees.
PRIMARY STRUCTURE
The structure that one or more personnel occupy for the majority
of time for personal or business reasons. Primary structures include
residences and commercial buildings.
PROFESSIONAL ENGINEER
A qualified individual who is licensed as a professional
engineer in New York State.
VIEWSCAPE
The range of view from a point toward the horizon, including
natural and man-made components.
WIND-POWER FACILITY
Any wind-driven system that produces electrical power for
commercial sale or for use in a commercial enterprise. Single turbines
designed for on-site power consumption with a generating capacity
of less than 100 kilowatts are exempt from these regulations.
WIND-POWER PROJECT
The collection of wind-power structures and related facilities,
including substations for which a single permit may be sought.
WIND-POWER TOWER
The support structure to which the nacelle and rotor blade
are attached.
WIND-POWER TOWER HEIGHT
The distance from the rotor blade at its highest point to
the top surface of the tower foundation.