The purpose of this article is to provide standards for small
wind energy conversion systems designed for on-site home, farm, and
small commercial use, and that are primarily used to reduce on-site
consumption of utility power. The intent of this article is to encourage
the development of small wind energy systems and to protect the public
health, safety, and community welfare.
Small wind energy conversion systems (small WECS) may be permitted
in any zoning district on a site of at least two acres, upon issuance
of a special use permit. A small WECS shall be set back from all property
lines a distance equal to at least 1.5 times its height and must conform
to all existing building codes in relationship to towers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Applications for small WECS special use permits shall include:
A. Name, address and telephone number of the applicant; if the applicant
will be represented by an agent, the name, address, and telephone
number of the agent as well as an original signature of the applicant
authorizing the agent to represent the applicant.
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.
D. Site plan of each tower site, including but not limited to showing
the location of the tower in relation to other structures and lot
lines, topography of the site, location of trees, and other landscape
elements.
E. Ownership and land use information within a five-hundred-foot radius
of the location proposed for each tower.
F. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
G. A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation
conforms to the Electric Code.
H. Sufficient information demonstrating that the system will be used
primarily to reduce on-site consumption of electricity.
I. Written evidence that the electric utility service provider that
serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan to connect the system to the electricity
grid, and so states so in the application.
J. A visual analysis of the small WECS as installed, which may include
a computerized photographic simulation, demonstrating the visual impacts
from nearby strategic vantage points. 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.
[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 small WECS proposed
is increased.
E. SEQRA review. Applications for WECS 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 small 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 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.
All small wind energy systems shall comply with the following
standards. Additionally, such systems shall also comply with all the
requirements established by other sections of this article that are
not in conflict with the requirements contained in this section.
A. A small WECS system shall be located on a lot a minimum of two acres
in size; however, this requirement can be met by multiple owners submitting
a joint application.
B. Small WECS may be used primarily to generate on-site power or to
reduce the on-site consumption of electricity.
C. Tower height may be allowed to vary, dependent on the technology
employed. However, setbacks from all property lines shall be maintained,
at a minimum, at 1 1/2 times the total height of the tower.
(1) The allowed height shall be reduced if necessary to comply with all
applicable Federal Aviation Administration requirements, including
Subpart B (commencing with Section 77.111) of Part 77 of Title 14
of the Code of Federal Regulations regarding installations close to
airports.
D. The system's tower and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporate
nonreflective surfaces to minimize any visual disruption.
E. The system shall be designed and located in such a manner as to minimize
adverse visual impacts from public viewing areas (e.g., public parks,
roads, trails). To the greatest extent feasible, a small wind energy
system shall use natural landforms and vegetation for screening.
F. Exterior lighting on any structure associated with the system shall
not be allowed except that which is specifically required by the Federal
Aviation Administration.
G. All on-site electrical wires associated with the system shall be
installed underground except for "tie-ins" to a public utility company
and public utility company transmission poles, towers, and lines.
This standard may be modified by the Town if the project terrain is
determined to be unsuitable due to reasons of excessive grading, biological
impacts, or similar factors.
H. The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
I. The system shall be operated such that no damage is caused by stray
voltage. If it has been demonstrated that a system is causing stray
voltage, the system operator shall promptly mitigate the damage or
cease operation of the system.
J. At least one sign shall be posted on the tower at a height of five
feet warning of electrical shock or high voltage and harm from revolving
machinery. No brand names, logo, or advertising shall be placed or
painted on the tower, rotor, generator or tail vane where it may be
displayed on a system generator housing in an unobtrusive manner.
K. Towers shall be constructed to provide one of the following means
of access control, or other appropriate method of access:
(1) Tower-climbing apparatus located no closer than 12 feet to the ground.
(2) A locked anti-climb device installed on the tower.
L. Anchor points for any guy wires for a system tower shall be located
within the property on which the system is located and not on or across
any aboveground electric transmission or distribution lines. The point
of attachment for the guy wires shall be sheathed in bright orange
or yellow covering from three feet to eight feet above the ground.
M. Construction of on-site access roadways shall be minimized. Temporary
access roads utilized for initial installation shall be regraded and
revegetated to the preexisting natural condition after completion
of installation.
N. To prevent harmful wind turbulence from existing structures, the
minimum height of the lowest part of any horizontal axis wind turbine
blade shall be at least 30 feet above the highest structure or tree
within a two-hundred-fifty-foot radius. Modification of this standard
may be made when the applicant demonstrates that a lower height will
not jeopardize the safety of the wind turbine structure.
O. All small wind energy system tower structures shall be designed and
constructed to be in compliance with pertinent provisions of the Uniform
Building Code and National Electric Code.
P. All small wind energy systems shall be equipped with manual and automatic
over-speed controls. The conformance of rotor and over-speed control
design and fabrication with good engineering practices shall be certified
by the manufacturer.
Q. 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.
A small wind energy system shall comply with the following standards:
A. Setback requirements. A small WECS shall not be located closer to
a property line than 1 1/2 times the total height of the facility.
B. Noise. Except during short-term events, including utility outages
and severe windstorms, a small WECS shall be designed, installed,
and operated so that noise generated by the system shall not exceed
50 decibels (dBA), as measured at the closest neighboring inhabited
dwelling.