The Town Board acknowledges that prior to construction of a
WECS, an assessment is typically needed to determine local wind speeds
and the feasibility of using particular sites. Installation of wind
measurement towers, also known as "anemometer" ("met") towers, shall
be permitted as special uses, but shall not be limited to those areas
delineated as Wind Overlay Zones.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An application for a wind measurement tower shall include:
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, address and telephone number 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 of each proposed tower site, including Tax Map section, block,
and lot number.
E. A decommissioning plan, including a security bond or cash for removal.
[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 wind measurement towers
proposed is increased.
E. SEQRA review. Applications for wind measurement towers are deemed
unlisted 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 wind measurement tower 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 recommendation 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.