This chapter may be cited as the "Renewable Energy Facilities Law of the Town of Dryden, New York."
The Town Board of the Town of Dryden adopts this chapter to promote the effective and efficient use of the Town's renewable nonpolluting energy resources through renewable energy conversion systems (RECS) and wind energy conversion systems (WECS), without harming public health and safety, and to avoid jeopardizing the welfare of the residents.
The Town Board of the Town of Dryden enacts this chapter under the authority granted by:
A. 
New York State Constitution, Article IX, § 2(c)(6) and (10).
B. 
New York Statute of Local Governments, § 10(1), (6), and (7).
C. 
New York Municipal Home Rule Law, § 10(1)(i) and (ii) and § 10(1)(ii)a(6), (11), (12), and (14).
D. 
The supersession authority of New York Municipal Home Rule Law, § 10(1)(ii)d(3), specifically as it relates to determining which body shall have power to grant special use permits under this chapter, to the extent such grant of power is different than under Town Law § 274-b.
E. 
New York Town Law, Article 16 (Zoning).
F. 
New York Town Law § 130(1) (Building Code), (3)(Electrical Code), (5)(Fire Prevention), (7)(Use of streets and highways), (7-a)(Location of Driveways), (11)(Peace, good order and safety), (15) (Promotion of public welfare), (15-a) (Excavated Lands), (16)(Unsafe buildings), (19)(Trespass), and (25)(Building lines).
G. 
New York Town Law § 64(17-a) (protection of aesthetic interests), (23)(General powers).
The Town Board of the Town of Dryden finds and declares that:
A. 
Residents of the Town of Dryden may face energy shortages and increasing energy prices and the local generation of electricity and promotion of alternative home heating resources can provide the community with clean and reliable electricity and home heating, contribute to local and statewide energy self-reliance and diversify and strengthen the local economy.
B. 
Benefit; impact on viewshed.
(1) 
The generation of electricity from properly sited small wind turbines and other renewable energy sources can be a cost effective mechanism for reducing on-site electric costs with a minimum of environmental impacts.
(2) 
Large-scale multiple-tower wind energy facilities may present significant potential impacts on viewsheds, wildlife and neighboring properties because of their large size, lighting, shadow flicker effects and noise level.
C. 
The use of other small-scale renewable energy conversion systems (other than small wind turbines) can reduce reliance on petroleum-based home heating products and electricity generated from fossil fuels, thereby decreasing the air and water pollution that results from the use of conventional energy sources and contributing to the long-term health of global ecosystems.
D. 
Permitting and regulating the use of renewable, nonpolluting energy and regulating the location and installation of small wind turbines and other renewable energy conversion systems is necessary to protect and promote the safety and welfare of Town residents.
As used in this chapter, the following terms shall have the meanings indicated:
EAF
The 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.
MECHANICAL WIND TURBINE
A wind energy conversion system that converts wind energy to mechanical power.
RENEWABLE ENERGY CONVERSION SYSTEM (RECS)
A renewable energy conversion system other than a WECS or a solar energy system (as that term is defined in Chapter 270, Zoning) and includes but is not limited to heat pump systems and wood, wood pellet, hay and other types of biomass stoves.
[Amended 2-16-2017 by L.L. No. 3-2017]
RENEWABLE ENERGY FACILITY
A small wind energy conversion system or a small renewable energy conversion system as those terms are defined herein.
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 of land where the WECS or RECS is to be placed. The site could be publicly or privately owned by an individual or a 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 RENEWABLE ENERGY CONVERSION SYSTEM (SMALL RECS)
A renewable energy conversion system designed for on-site home, farm, or commercial use primarily to reduce on-site consumption of public utility energy.
SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS)
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which is intended to primarily reduce on-site consumption of utility power.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension of the WECS or RECS.
WIND ENERGY CONVERSION SYSTEM (WECS)
A machine that converts the kinetic energy in the wind into electrical or mechanical energy (commonly known as a "wind turbine" or "windmill").
WIND ENERGY FACILITY
Any wind energy conversion system, small wind energy conversion system, or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction. Temporary (no more than two years) towers may be allowed as part of a Small WECS application, where the requested tower meets all height, setback and other requirements of this chapter.
A. 
No renewable energy facility shall be constructed, reconstructed, modified, or operated in the Town of Dryden except in compliance with this chapter.
B. 
Small WECS.
(1) 
No WECS other than a small WECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden. No wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Dryden, except in conjunction with and as part of an application for a small WECS.
(2) 
No RECS other than a small RECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden.
C. 
No small WECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden except pursuant to a special use permit issued pursuant to this chapter.
D. 
No small RECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden except pursuant to a special use permit issued pursuant to this chapter.
E. 
This chapter shall apply to the area of the Town of Dryden outside the Village of Dryden and the Village of Freeville.
F. 
No transfer of the real property on which a small WECS or small RECS is situated shall eliminate the liability of the owner of such property from compliance with this chapter and the conditions of the special use permit issued for such WECS or RECS.
G. 
Notwithstanding the requirements of this section, replacement in kind or modification of a small WECS or small RECS may occur without Town Board approval when:
(1) 
There will no increase in total height;
(2) 
No change in the location of the small WECS;
(3) 
No additional lighting or change in facility color; and
(4) 
No increase in noise produced by the small WECS.
A. 
The requirements of this chapter shall apply to all renewable energy facilities proposed, operated, modified, or constructed after the effective date of this chapter.
B. 
Renewable energy facilities constructed and placed in operation prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided, however, that no modification or alteration to an existing renewable energy facility shall be allowed without full compliance with this chapter.
C. 
Renewable energy facilities are allowed as accessory uses. renewable energy facilities constructed and installed in accordance with this chapter shall not be deemed expansions of a nonconforming use or structure.
D. 
Notwithstanding anything to the contrary in this chapter, no special use permit shall be required for mechanical wind turbines less than 50 feet tall; tower, pole or other independently structurally mounted RECS with a total height less than the structure served, or for heat pump systems or wood, wood pellet, hay and other types of biomass stoves.
[Amended 2-16-2017 by L.L. No. 3-2017]
A small WECS or small RECS which is not used to produce electricity for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner within 24 months after notice from the Town Board. Failure to comply with this section or with any and all conditions that may be attached to a special use permit shall constitute grounds for the revocation of the permit by the Town of Dryden, after notice and a hearing before the Town Board.
A. 
Public hearing and decision on special use permits. The Town Board shall conduct a public hearing within 62 days from the day a complete application is received. Public notice of said hearing shall be printed in the official newspaper at least five days prior to the date thereof. The Town Board shall decide the application within 62 days after the close of the public hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Town Board on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
B. 
Notice to applicant, county planning agency and adjacent owners. At least 10 days before such hearing, the Town Board shall mail notices thereof to the applicant and to the county planning agency, as required by Town Law § 274-b and General Municipal Law § 239-m, which notice shall be accompanied by a full statement of such proposed action. The Town Board shall also mail notice of such application and public hearing to the owners of all property adjacent to the proposed tower site and/or within 500 feet of the proposed tower site.
C. 
Compliance with SEQRA. The Town Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
D. 
Conditions attached to the issuance of special use permits. The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of any other required permits to be issued by the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Application fee shall be established by resolution of the Town Board following procedures as set forth in § 118-16.
A. 
The Town Board shall by resolution appoint such Town employees, including the Code Enforcement Officers, to enforce this chapter. Such appointees shall have the authority to issue appearance tickets pursuant to the provisions of the Criminal Procedure Law.
B. 
Penalties for offenses.
(1) 
Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy facility in violation of this chapter or in noncompliance with the terms and conditions of any permit issued pursuant to this chapter, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $1,000 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each day such violation shall continue.
(2) 
The Town may also institute a civil proceeding to collect civil penalties in the amount of $350 for each violation. Each week said violation continues shall be deemed a separate violation.
C. 
In case of any violation or threatened violation of any of the provisions of this chapter, including the terms and conditions imposed by any special use permit issued pursuant to this chapter, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, or to prevent any illegal act.
Should any provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.