An application for a special use permit for an individual WECS
shall include the following:
A. 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.
B. Name, and address of the property owner. If the property owner is
not the applicant, the application shall include a letter or other
written permission signed by the property owner:
(1) Confirming that the property owner is familiar with the proposed
applications; and
(2) Authorizing the submission of the application.
C. Address or other property identification of each proposed tower location,
including Tax Map section, block, and lot number, latitude and longitude
coordinates.
D. A description of the project, including the number and maximum rated
power output capacity of each WECS.
E. For each WECS proposed, a plot plan prepared by a licensed surveyor
or engineer drawn in sufficient detail to clearly describe the following:
(1) Property lines and physical dimensions of the site.
(2) Location, approximate dimensions and types of existing structures
and uses on site, public roads, and adjoining properties within 500
feet of the site.
(3) Location and ground elevation of each proposed WECS.
(4) Location of all aboveground utility lines on the site, and all related
transformers, power lines, interconnection point with transmission
lines, and other ancillary facilities or structures.
(5) Location and size of structures above 35 feet within a five-hundred-foot
radius of the proposed WECS. For purposes of this requirement, electrical
transmission and distribution lines, antennas and slender or open
lattice towers are not considered structures.
(6) The zoning designation of the subject and adjacent properties as
set forth in Town Zoning Law.
(7) Boundaries of the Wind Overlay Zone, to demonstrate that each proposed
WECS is located within said overlay zones.
(8) To demonstrate compliance with the setback requirements of this article,
circles drawn around each proposed tower location equal to: i) perimeter
equal to 1 1/2 times the tower height; ii) five-hundred-foot
perimeter; iii) one-thousand-foot perimeter. Information shall be
provided concerning ownership and land uses within the above-mentioned
perimeters.
(9) Location of the nearest residential structure on the site and located
off site, and the distance from the proposed WECS.
(10)
All proposed facilities, including access roads, electrical
lines, substations, storage or maintenance units, and fencing.
F. Elevation drawing of the WECS showing total height, turbine dimensions,
tower and turbine colors, ladders, distance between ground and 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.
G. Landscaping plan depicting vegetation, describing the area to be
cleared of vegetation and areas where vegetation shall be added, identified
by species and size of specimens at installation, and their locations.
H. 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, no building permit for any
lighted facility may be issued until such determination is submitted.
I. Decommissioning plan. The applicant shall submit a decommissioning
plan, which shall include:
(1) The anticipated life of the WECS;
(2) The estimated decommissioning costs in current dollars;
(3) How said estimate was determined;
(4) The method of ensuring that funds will be available for decommissioning
and restoration;
(5) The method, such as by annual re-estimate by a licensed engineer,
that the decommissioning cost will be kept current; and
(6) The manner in which the WECS will be decommissioned and the site
restored, which shall include removal of all roads, structures, and
debris to a depth of three feet, restoration of the soil, and restoration
of vegetation (consistent and compatible with surrounding vegetation),
less any fencing or residual minor improvements requested by the landowner.
J. Complaint resolution. The application will include a complaint resolution
process to address complaints from nearby residents. The process shall
use an independent mediator or arbitrator and include a time limit
for acting on a complaint. The applicant shall make every reasonable
effort to resolve any complaint.
K. An application shall include information relating to the construction/installation
of the wind energy conversion facility as follows:
(1) A construction schedule describing commencement and completion dates
and hours of construction; and
(2) A description of the routes to be used by construction and delivery
vehicles, the gross weights and heights of those loaded vehicles.
L. Completed Part 1 of the full EAF.
M. Applications for wind energy permits for wind measurement towers
subject to this chapter may be jointly submitted with the WECS.
N. For each proposed WECS, include make, model, picture and manufacturer's
specifications, including noise decibels data. Include manufacturer's
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.
O. If the applicant agrees in writing in the application that the proposed
WECS may have a significant adverse impact on the environment, the
Town Board may issue a positive declaration of environmental significance.
P. If a positive declaration of environmental significance is determined
by the SEQRA lead agency, the following information shall be included
in the draft environmental impact statement (DEIS) prepared for a
wind energy facility. Otherwise, the following studies shall be submitted
with the application:
(1) Shadow flicker. The applicant shall conduct 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 interfere with residences and describe measures that shall be
taken to eliminate or mitigate the problems.
(2) Visual impact. Applications shall include a visual impact study of
the proposed WECS as installed, which may include a computerized photographic
simulation, demonstrating any visual impacts from strategic vantage
points. Color photographs of the proposed site from at least two 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.
(3) Fire protection. a fire protection and emergency response plan, created
in consultation with the fire department(s) having jurisdiction over
the proposed Zone.
(4) Noise analysis. A noise analysis by a competent acoustical consultant
documenting the noise levels associated with the proposed WECS. The
study shall document noise levels at property lines and at the nearest
residence not on the site (if access to the nearest residence is not
available, the Town Board may modify this requirement). The noise
analysis shall include low-frequency noise.
(5) Property value analysis. Property value analysis shall be prepared
by a licensed appraiser in accordance with industry standards, regarding
the potential impact of values of properties neighboring WECS sites.
(6) Electromagnetic interference. An assessment of potential electromagnetic
interference with microwave, radio, television, personal communication
systems and other wireless communication.
(7) Transportation impacts. An analysis of impacts on local transportation
shall be prepared, regarding impacts anticipated during construction,
reconstruction, modification, or operation of 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; impacts of visitors to the WECS facilities.
(8) Groundwater impacts. An analysis of impacts on local groundwater
resources shall be prepared, regarding impacts anticipated during
construction, reconstruction, modification or operation of WECS.
(9) Cultural resources. An analysis of impacts on cultural resources
shall be prepared, regarding impacts anticipated during construction,
reconstruction, modification or operation of WECS.
(10)
Wildlife impacts. An analysis of impacts on local wildlife shall
be prepared, regarding impacts anticipated during construction, reconstruction,
modification or operation of 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.
Q. The applicant shall, prior to the receipt of a building permit, provide
proof that it has executed an interconnection agreement with the New
York independent system operator and the applicable transmission owner.
R. A statement, signed under penalties of perjury that the information
contained in the application is true and accurate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Applicants may request a preapplication meeting with the Town Planning
Board, or with any consultants retained by the Planning Board for
application review. Meetings with the Planning Board shall be conducted
in accordance with the Open Meetings Law.
B. Twelve copies of the application shall be submitted to the Town Clerk.
Payment of all application fees shall be made at the time of application
submission. If any variances are requested, variance application fees
shall be paid at the time of the receipt of the application.
C. Town staff or Town-designated consultants shall, within 30 days of
receipt, or such longer time as agreed to by the applicant, determine
if all information required under this article is included in the
application. Unless the Planning Board waives any application requirement,
no application shall be considered until deemed complete.
D. If the application is deemed incomplete, the Planning Board or its
designated reviewer 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.
E. SEQRA review. Applications for WECS are deemed Type I projects under
SEQRA. The Planning Board may conduct its SEQRA review in conjunction
with other agencies, in which case the records of review by said communities
shall be part of the record of the Planning Board's proceedings.
The Planning Board may require an escrow agreement for the engineering
and legal review of the applications and any environmental impact
statements before commencing its review. No application will be deemed
complete until the SEQRA review has received a declaration or final
findings as per SEQRA regulations.
F. Upon submission of a complete application, including the grant of any application waiver by the Planning Board, the Town Clerk shall transmit the application to the Planning Board. The Planning Board shall consider the application and render its decision in accordance with special use permit regulations §
306-28B(2) of this Code.
G. The Planning Board shall hold at least one public hearing on the
application. Notice shall be given by first-class mail to property
owners within 1,000 feet of each proposed WECS and published in the
Town's official newspaper, no fewer than 10 nor more than 20
days before any hearing, but, where any hearing is adjourned by the
Planning Board to hear additional comments, no further publication
or mailing shall be required. The applicant shall prepare and mail
the notice of public hearing prepared by the Planning Board and shall
submit an affidavit of service. The assessment roll of the Town shall
be used to determine mailing addresses.
H. The public hearing may be combined with public hearings on any environmental
impact statement or requested variances.
I. Notice of the project shall also be given, when applicable, to:
(1) The St. Lawrence County Planning Board, if required by General Municipal
Law § 239-1 and 239-m; and
(2) Adjoining Towns under Town Law § 264.
J. Upon receipt of the report of the recommendations of the County Planning
Board (where applicable), the holding of the public hearing, and the
completion of the SEQRA process, the Planning Board may approve, approve
with conditions, or deny the applications, in accordance with the
standards in this article.
The following standards shall apply to all WECS, unless specifically
waived by the Town Board as part of a permit:
A. All power transmission lines from the tower to any building or other
structure shall be located underground to the maximum extent practicable.
B. No television, radio, or other communication antennas may be affixed
or otherwise made part of any WECS, except pursuant to the Town Zoning
Law. Applications may be jointly submitted for WECS and telecommunications
facilities.
C. No advertising signs are allowed on any part of the wind energy facility,
including fencing and support structures.
D. Lighting of tower. No tower shall be lit except to comply with FAA
requirements. Minimum security lighting for ground level facilities
shall be allowed as approved on the site plan.
E. 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 or a camouflage
scheme. Individual WECS within a Wind Overlay Zone shall be constructed
using wind turbines whose appearance, with respect to one another,
is similar within and throughout the zone, 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.
F. The use of guy wires is disfavored. A WECS using guy wires for tower
support shall incorporate appropriate measures to protect the guy
wires from damage which could cause tower failure.
G. No WECS shall be installed in any location where its proximity to
existing fixed broadcast, retransmission, or reception antennas for
radio, television, or wireless phone or other personal communication
systems could 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, 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 wind energy permit for the specific
WECS or WECSs causing the interference.
H. All solid waste and hazardous waste and construction debris shall
be removed from the site and managed in a manner consistent with all
appropriate rules and regulations.
I. 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 when feasible. The use of previously developed areas
will be given priority wherever possible. All topsoil disturbed during
construction, reconstruction or modification of WECS shall be stockpiled
and returned to the site upon completion of the activity which disturbed
the soil.
J. 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 U.S. Fish and Wildlife
Service as threatened or endangered.
K. Wind energy conversion facilities shall be located in a manner consistent
with all applicable state and federal wetlands laws and regulations.
L. Stormwater run-off and erosion control shall be managed in a manner
consistent with all applicable state and federal laws and regulations.
M. The New York State Department of Agriculture and Markets guidelines
for agricultural mitigation for wind power projects shall be adhered
to, both inside and outside of agricultural districts.
N. The maximum total height of any WECS shall be 500 feet from the ground,
including the blades.
O. If it is determined that a WECS is causing stray voltage issues,
the operator shall take the necessary corrective action to eliminate
these problems, 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 revocation of the wind energy
permit for the specific WECS or WECSs causing the problems.