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:
EAF
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.
LARGE WECS
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.
SEQRA
The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New
York Codes, Rules and Regulations, Part 617.
SITE
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.
SMALL WECS
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.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension
of the WECS from the ground on which it stands.
WECS FACILITY
Any wind energy conversion system, including all related
infrastructure, electrical transmission lines and substations, access
roads and accessory structures.
WIND ENERGY CONVERSION SYSTEM or WECS
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.
Small WECS and large WECS shall be permitted within the Residential-Agricultural
(R-A) and Industrial (M-1) Districts only.
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.
(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.
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.
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.
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.