This chapter shall be cited as the "Wind Energy Facility Law
of the Town of Potsdam, New York."
The Town Board of the Town of Potsdam adopts this chapter to
promote the effective and efficient use of the Town's wind energy
resources through wind energy conversion systems (WECS), and to regulate
the placement of such systems so that the public health, safety, and
welfare will not be jeopardized.
The Town Board of the Town of Potsdam, enacts this chapter under
the authority granted by:
A.
Article 9 of the New York State Constitution § 2(c)(6)
and (10).
B.
Statute of Local Governments § 10(1), (6), and (7).
C.
Municipal Home Rule Law § 10(1)(i) and (ii) and § 10(1)(a)(6),
(11), (12), and (14).
D.
The supersession authority of New York Municipal Home Rule Law § 10(1)(d)(3),
specifically as it relates to determining which body shall have power
to grant variances under this chapter, to the extent such grant of
power is different than under Town Law § 267.
E.
Town Law Article 16 (zoning).
F.
Town Law § 130(1) (building code); (3) (electrical code);
(5) (fire prevention); (7) (use of streets and highways); (7-a) (location
of driveways); (11) (peace, good order and safety); (15) (promotion
of public welfare); (15-a) (excavated lands); (16) (unsafe buildings);
(19) (trespass); and (25) (building lines).
G.
Town Law § 64(17-a) (protection of aesthetic interests)
and (23) (general powers).
The Town Board of the Town of Potsdam, finds and declares that:
A.
Wind energy is an abundant, renewable and nonpolluting energy resource
of the Town and its conversion to electricity may reduce dependence
on nonrenewable energy sources and decrease the air and water pollution
that results from the use of conventional energy sources.
B.
The generation of electricity from properly sited wind turbines,
including small systems, can be cost-effective, and in many cases
existing power distribution systems can be used to transmit electricity
from wind-generating stations to utilities or other users, or on-site
consumption can be reduced.
C.
Regulation of the siting and installation of wind turbines is necessary
for the purpose of protecting the health, safety, and welfare of neighboring
property owners and the general public.
D.
Wind energy facilities may represent significant potential aesthetic
impacts because of their large size, lighting, and shadow flicker
effects.
E.
If not properly regulated, installation of wind energy facilities
can create drainage problems through erosion and lack of sediment
control for facility and access road sites, and harm farmlands through
improper construction methods.
F.
Wind energy facilities may present a risk to birds, bats, and other
creatures if not properly sited.
G.
If not properly sited, wind energy facilities may adversely affect
the property values of adjoining property owners.
H.
Wind energy facilities may be significant sources of noise, which,
if unregulated, can negatively impact the quiet enjoyment of properties
in the vicinity.
I.
Construction of wind energy facilities can create traffic problems
and damage local roads.
J.
Wind energy facilities can cause electromagnetic interference issues
with various types of communications.
K.
Site plans will be reviewed and acted upon by the Town Planning Board.
A.
No wind energy facility shall be constructed, reconstructed, modified,
or operated in the Town of Potsdam, except in compliance with this
chapter.
B.
No WECS shall be constructed, reconstructed, modified, or operated
in the Town of Potsdam, except pursuant to a special use permit issued
pursuant to this chapter.
C.
No special use permit shall be issued for construction, reconstruction,
modification or operation of a WECS in the Town of Potsdam, until
all other permits as may be required (e.g., FAA, DEC, etc.) have been
issued and evidence of same provided to the Town of Potsdam Planning
Board.
D.
No wind measurement tower shall be constructed, reconstructed, modified,
or operated in the Town of Potsdam, except pursuant to a special use
permit issued pursuant to this chapter.
E.
No small wind energy conversion system shall be constructed, reconstructed,
modified, or operated in the Town of Potsdam, except pursuant to a
special use permit issued pursuant to this chapter.
F.
Exemptions. No permit or other approval shall be required under this
chapter for mechanical, nonelectrical WECS utilized solely for on-site
agricultural operations.
G.
Transfer. No transfer of any wind energy facility or special use
permit, nor sale of the entity owning such facility, including the
sale of more than 30% of the stock of such entity (not counting sales
of shares on a public exchange), will occur without prior approval
of the Town, which approval shall be granted upon written acceptance
by the transferee of the obligations of the transferor under this
chapter. No transfer shall eliminate the liability of an applicant
or of any other party under this chapter.
H.
Notwithstanding the requirement of this section, replacement in kind
or modification of a wind energy facility may occur without Town Board
approval when there will be:
As used in this chapter, the following terms shall have the
meanings indicated:
An environmental assessment form used in the implementation
of the SEQRA as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
Any dwelling suitable for habitation existing in the Town
of Potsdam on the date an application 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, sanitariums, nursing homes, schools, or other
buildings used for educational purposes, or correctional institutions.
The New York State Environmental Quality Review Act and its
implementing regulations in Part 617 of Title 6 of the New York Codes,
Rules and Regulations.
The parcel(s) of land where the wind energy facility is to
be placed. The site could be publicly or privately owned by an individual
or a group of individuals controlling single or adjacent properties.
Where multiple lots are in joint ownership, the combined lots shall
be considered as one for purposes of applying setback requirements.
Any property which has a wind energy facility or has entered an agreement
for said facility or a setback agreement shall not be considered off-site.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 kW and which is intended to
primarily generate on-site power or reduce on-site consumption of
utility power.
The level which is equaled or exceeded a stated percentage
of time. An L10 of 50 dBA indicates that
in any hour of the day 50 dBA can be equaled or exceeded only 10%
of the time, or for six minutes. The measurement of the sound pressure
level can be done according to the International Standard for Acoustic
Noise Measurement Techniques for Wind Generators (IEC 61400-11), or
other accepted procedures.
The height of the tower and the furthest vertical extension
of the WECS.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
Any wind energy conversion system, small wind energy conversion
system, or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
A tower used for the measurement of meteorological data such
as temperature, wind speed, and wind direction.
Those areas of the Town of Potsdam which the Town Board has
determined are appropriate for the development of wind energy conversion
systems (WECS) and related infrastructure, electrical lines and substations,
access roads and accessory structures.
A.
The requirements of this chapter shall apply to all wind energy facilities
proposed, operated, modified, or constructed after the effective date
of this chapter.
B.
Wind energy facilities for which a required permit has been properly
issued and upon which construction has commenced prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter; provided, however, that:
(1)
Any such preexisting wind energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this chapter prior to recommencing production of energy.
(2)
No modifications or alteration to an existing wind energy facility
shall be allowed without full compliance with this chapter.
(3)
Any wind measurement tower existing on the effective date of this
chapter shall be removed no later than 26 months after said effective
date, unless a special use permit for said wind energy facility is
obtained.
C.
Wind energy facilities may be either principal or accessory uses.
A different existing use or an existing structure on the same site
shall not preclude the installation of a wind energy facility or a
part of such facility on such site. Wind energy facilities constructed
and installed in accordance with this chapter shall not be deemed
expansions of a nonconforming use or structure.
