[HISTORY: Adopted by the Town Board of the Town of Lyons.
Amendments noted where applicable.]
The Town Board of the Town of Lyons adopts this chapter to promote
the effective and efficient use of the Town's wind energy resource
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A wind energy conversion system which has a rated capacity
of greater than 100 kW and which is intended to produce electrical
power for use off-site.
The New York State Environmental Quality Review Act[1] and its implementing regulations in Title 6 of the New
York Codes, Rules and Regulations, Part 617.
The parcel(s) of land where a WECS facility is to be placed.
The site may be publicly or privately owned by an individual or 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.
A wind energy conversion system which has a rated capacity
of not more than 100 kW and which is less than 50 feet in total height
and which is intended, primarily, to reduce consumption of utility
power at its own site or for the pumping of water.
The height of the tower and the furthest vertical extension
of the WECS from the ground on which it stands.
Any wind energy conversion system, including all related
infrastructure, electrical transmission lines and substations, access
roads and accessory structures.
A machine that converts the kinetic energy of the wind into
a usable form (commonly known as a "wind turbine" or "windmill") and
consisting of a wind turbine, a tower and associated control and transmission
equipment. The turbine or windmill has a rotor or propeller which
may be on a horizontal or vertical axis.
[1]
Editor's Note: See Environmental Conservation Law Art. 8,
§ 8-0101 et seq.
Small WECS and large WECS shall be permitted within the Residential-Agricultural
(R-A) and Industrial (M-1) Districts only.[1]
Where permitted, large or small WECS shall not be constructed,
erected or installed without a special permit having been issued by
the Zoning Board of Appeals of the Town of Lyons. In issuing such
permits, the Board shall find that the WECS will comply with the general
standards for special permits plus all of the specific standards set
forth in this chapter.
The information to be provided by the applicant for a large
WECS shall include:
A.
The applicant's and landowner's name(s) and contact information.
B.
The Tax Map numbers, existing use and acreage of the site parcel(s).
C.
A survey map at an appropriate scale showing the proposed location
of the elements of the WECS as it relates to:
(1)
Boundaries of the parcel.
(2)
Access roads.
(3)
Adjacent ownerships and structures to a distance of 1,000 feet.
(4)
Adjacent schools and churches to a distance of 2,000 feet.
(5)
Adjacent county or local parks, recognized historic or heritage sites,
state-identified wetlands or important bird areas as identified in
federal, state, county or New York Audubon GIS databases for a distance
of 3,000 feet.
D.
Standard drawings of the wind turbine structure, including the tower,
foundation and access road(s).
E.
Engineering analysis, data and certification pertaining to safety
and stability of the tower, wind turbine structure and foundation,
including compliance with the applicable building code and safety
results from test facilities.
F.
A completed EAF (environmental assessment form).
G.
Proposal for landscaping and screening.
H.
A project visibility map, based on a digital elevation model, showing
the impact of topography upon visibility of the project from other
locations, to a radius of three miles from the center of the project.
The scale used shall depict the three-mile radius as no smaller than
2.7 inches, and the base map used shall be a published topographic
map showing man-made features such as roads and buildings.
I.
No fewer than four, and no more than the number of proposed individual
wind turbines, color photos, no smaller than four inches by six inches,
taken from locations within a three-mile radius from the center of
the project and to be selected by the Planning Board, and computer-enhanced
to simulate the appearance of the as-built facilities as they would
appear from said locations.
J.
A host community agreement, drafted with interaction between the
Town of Lyons and the developer, that addresses both environmental
and economic issues with regard to siting, energy benefits, financial
considerations, and future responsibilities of any project within
the Town of Lyons.
A.
Small WECS shall be located such that tip-over will be harmless to
persons or property.
B.
No experimental, home-built or prototype wind turbines shall be allowed
without documentation by the applicant of the maximum probable blade
throw distance in the event of failure of the proposed equipment and
a determination by the Planning Board of appropriate setback distances
on the basis of said documentation.
C.
Guy wires shall not be used to anchor small wind turbine towers.
D.
The maximum permitted total height of a small WECS shall be 50 feet.
E.
Small WECS shall not be artificially lighted.
F.
No more than one windmill or tower shall be permitted as an accessory
use to any property.
G.
Towers shall be located in either a rear yard or side yard. Applicants
seeking a side yard siting shall demonstrate that such a location
is essential to the viability of the proposed small WECS.
H.
Sound levels shall not exceed 25 dbA, measured at any location along
the boundary of the site parcel.
I.
All small WECS shall be designed with an automatic brake to prevent
overspeeding and excessive pressure on the tower structure.
J.
The minimum distance between the ground and any protruding blades
on a small WECS shall not be less than 10 feet as measured at the
lowest point of the arc of the blades.
A.
In addition to the application requirements specified for site development
permits, an application for a special permit for a large WECS or wind
generator shall show:
(1)
Location of tower on site and tower height, including blades, rotor
diameter and ground clearance.
(2)
All utility lines both above and below ground within a radius equal
to the proposed tower height, including blades.
(3)
Dimensional representation of the various structural components of
the tower construction, including the base and footings.
(4)
Design data indicating the basis of design, including manufacturer's
dimensional drawings, installation and operation instructions.
(5)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind-load
requirements for structures.
B.
No large WECS, including blades, shall extend more than 400 feet
above the average ground level measured at the base of the tower.
C.
No large WECS shall be erected in any location where its overall
height, including blades, is greater than the distance from its base
to any property line.
D.
Access to the tower shall be limited either by means of a fence six
feet high around the tower base, with a locking portal, or by limiting
tower climbing apparatus to no lower than 12 feet from the ground.
E.
No large WECS shall be installed in any location along the major
axis of an existing microwave communications link where the operation
of the windmill is likely to produce an unacceptable level of electromagnetic
interference, unless the applicant provides sufficient evidence satisfactory
to the Town Board indicating the degree of expected interference and
the possible effect on the microwave communications link.
F.
Large WECS shall be located or installed in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport approach
zones (47 CFR 15.503) and clearance around VOR and DVOR stations.
G.
All sites proposed for large WECS shall have sufficient access to
unimpeded air flow for adequate operation. The Siting Handbook for
Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized references should be used as a guide in siting the location
of towers.
H.
No large WECS shall be installed in a location where the impact on
the neighborhood character is determined by the Town Board to be detrimental
to the general neighborhood character.
I.
If the large WECS is to be interconnected to an electric utility
distribution system, the applicant shall provide evidence of approval
of the proposed interconnection by any applicable power company.
J.
Towers shall utilize the natural contours of the land to minimize
visibility.
K.
All large WECS shall be designed with an automatic brake to prevent
overspeeding and excessive pressure on the tower structure.
L.
The minimum distance between the ground and any protruding blades
shall not be less than 30 feet as measured at the lowest point of
the arc of the blades.
M.
The minimum required setback distance between each large WECS and
all surrounding property lines, overhead utility or transmission lines,
any other wind turbine towers, electrical substations, meteorological
towers, public roads, dwellings or other buildings for occupancy shall
be no less than 1.5 times the sum of the proposed structure height
plus the rotor radius.
N.
Large WECS shall be located with relation to property lines such
that the level of noise produced during wind turbine operation shall
not exceed 50 dbA, measured at any location along the boundary of
the site parcel as it exists at the time of the issuance of the special
permit.
O.
Existing roads shall be used to access the WECS facility site; or
if a new road(s) must be constructed, the amount of land utilized
for new road construction shall be minimized so as to lessen any adverse
environmental impact.
P.
Any construction involving agricultural land shall be done according
to the New York State Department of Agriculture and Markets Guidelines
for Agricultural Mitigation of Wind Power Projects (which can be found
at www.agriculture.ny.gov; "construction projects affecting farmland").
Q.
No WECS facility shall be installed in any location where its proximity
with existing fixed broadcast, retransmission, or reception antennas
(including residential reception antennas) for radio, television,
or wireless phone or other personal communication systems would produce
electromagnetic interference with signal transmission or reception.
R.
No WECS facility shall be installed in any location that would substantially
detract from or block view of a portion of a recognized scenic vista,
as viewed from any public road right-of-way, public body of water,
or publicly owned land within the Town of Lyons or that extends beyond
the border of the Town of Lyons.
S.
All power transmission lines shall be located underground to the
maximum extent practicable.
T.
Guy wires shall not be used to anchor large WECS wind turbine towers.
U.
The WECS facility shall not be artificially lighted, except to the
extent required by the FAA or other applicable authority. The use
of nighttime (and overcast daytime condition) stroboscopic lighting
to satisfy tower lighting requirements for the FAA is disfavored.
If stroboscopic lighting is used, it shall be subject to on-site field
testing, with specific respect to flash nuisance to adjacent ownerships,
prior to any Planning Board approval.
V.
The WECS facility and wind turbine equipment shall not be used for
displaying advertising except for small and reasonable identification
of the manufacturer or operator of the WECS facility.
W.
The design of any WECS facility building(s) or related structures
shall, to the extent reasonably possible, use materials, colors, textures,
screening and landscaping that will allow the facility to blend into
the natural setting and existing environment.
X.
Procedures for emergency shutdown of power generation units shall
be established and shall be posted prominently and permanently at
a location near the entrance to the large WECS facility site.
Prior to issuance of a special permit for a large WECS and during
construction and continuing thereafter until such facility is removed
from the site, the applicant shall provide, on a yearly basis, documentation
satisfactory to the Town of Lyons, certifying that the owner of the
site currently carries liability insurance coverage for property damage,
injury or death resulting from the construction, placement, use, maintenance, and
operation of said large WECS facility. Liability insurance coverage
shall have reasonable limits as determined by the Town Board in consultation
with the Town's insurer.
A.
Each approved large WECS shall be maintained in accordance with the
specific standards described in this section.
B.
The owner of each large WECS shall have it inspected at least every
three years for structural and operational integrity by a New York
State licensed professional engineer, and shall submit a copy of the
inspection report to the Code Enforcement Officer. If such report
recommends repairs or maintenance, the owner shall provide the Code
Enforcement Officer with a written schedule for completion of said
repairs or maintenance.
A.
Any large WECS found to be unsafe by the local enforcement officer
shall be repaired by the owner to meet federal, state and local safety
standards or shall be removed from the site.
B.
Obsolete or unused wind turbines and accessory structures shall be
removed from any large WECS site within one year of the discontinuance
of the use thereof. The owner of the obsolete or unused large WECS
facilities shall notify the Town Supervisor of the Town of Lyons in
writing within 30 days of the discontinuance of the use of said facilities.
Failure to notify and/or remove the obsolete or unused wind turbines
and accessory structures in accordance with these regulations shall
be a violation of this chapter. The Town Board may remove such facilities
after one year and treat the cost of said removal as a tax lien on
the property.
The Town Board may require, as a condition precedent to the
issuance of any special permit, that the applicant enter into a host
community package acceptable to the Town of Lyons to provide payment
to the Town for the environmental and economic impact of the WECS.
A.
No special
permit may be issued by the Town Board until a public hearing has
been held thereon, at which members of the public may comment on the
following standards, which the Town Board must specifically determine
have been met:
(1)
The proposed special use is consistent with the general intent of
the Town's Master Plan and with each of the specific purposes set
forth in this chapter.
(2)
The location, size and use of the structures involved, nature and
intensity of the operations involved and size and layout of the site
in relation to the proposed special use are such that it will be compatible
with the orderly development of the area of the site.
(3)
Operation of the proposed special use is no more objectionable to
the uses of nearby properties by reason of dust or smoke emission,
noise, odors, fumes, pollution of air or water, including subsurface
waters, unsightliness or similar conditions than would be the operation
of any permitted use.
(4)
The proposed special use satisfies each and all of the standards
and conditions specified for such special use by the relevant provisions
of this chapter.
B.
The Town Board may impose additional conditions or restrictions as
it may deem necessary prior to approving any special use permit application
in order to protect public health and safety, the quality of the Town's
natural resource base and the value of property. The Zoning Officer
shall make an on-site visit to each property authorized as a special
use not less than one time each year. The purpose of said site visit
is to ensure that the use is being operated in accord with the conditions
specified by the Town Board. If the Zoning Officer shall determine
that a violation of this chapter or the conditions imposed by the
Town Board exists, the certificate of occupancy and/or certificate
of compliance shall be null and void. A new special use permit application
shall be required to be submitted and approved prior to the reestablishment
of said use.
Violation of any of the terms or requirements of this chapter shall be punishable as a zoning violation in accordance with Chapter 300, Zoning, of the Town Code.
