This article regulates and provides standards for small RECS, designed for on-site home, farm, and small commercial use, and that are primarily used to reduce on-site consumption of public utility-generated and -distributed electricity. The intent of this article is to encourage the development of such renewable energy systems and to protect the public health, safety, and community welfare.
Small RECS may be permitted upon issuance of a special use permit on any parcel meeting the standards of this chapter in any zoning district.
Small RECS mounted on the structure being served, are not regulated under this chapter. Small RECS mounted on a tower, pole or structure other than the structure being served, and whose total elevation is not higher than the highest elevation of the structure served are not regulated under this chapter.
Applications for small RECS special use permits shall include:
A.
Names and addresses.
(1)
Name, address, 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 is required.
(2)
The names and mailing addresses of all owners of all property adjacent to the site and/or within 500 feet of the proposed site.
B.
Name, address, 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:
C.
Address of the proposed small RECS site, including Tax Map parcel number.
D.
If proposed structure will exceed the height of the roofline of the building being served, application must be accompanied by an engineer's drawing.
E.
Additional items.
(1)
A completed short EAF and a visual EAF addendum.
(2)
The Board may require submission of a more detailed visual analysis based on the results of the visual EAF addendum including 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.
(3)
Applicants must have a preapplication conference with the Town Code Enforcement Officer to address the scope of the required visual assessment.
All small RECS shall comply with the following standards. 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.
Only one small RECS per lot shall be allowed. Adjoining lots shall be treated as one lot for purposes of this limitation. More than one small RECS may be allowed if the applicant adequately demonstrates that the electrical or mechanical power needs of the individual user exceed the power generation capability of one RECS.
B.
Small RECS shall be used primarily to reduce the on-site consumption of public utility-provided electricity or as a primary source of electricity when the applicant is not connected to the electricity grid.
C.
Pole height shall be limited to a maximum 15 feet.
D.
The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.
E.
The system's structure and components 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.
F.
The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails) and from adjacent properties.
G.
Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.
H.
All on-site electrical wires associated with the RECS 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 Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
I.
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 therefrom. No brand names, logo or advertising shall be placed or painted on the tower or components where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system housing in an unobtrusive manner.
J.
Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
K.
Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.
L.
All small RECS tower structures shall be designed and constructed to be in compliance with applicable provisions of the New York State Uniform Fire Prevention Building Code, National Electric Code and generally accepted engineering practices.
M.
A small RECS shall not be located closer to any adjacent property's line, right-of-way, easement, public highway or power line than the total height of the facility plus 10 feet.
N.
All small RECS shall be maintained in good condition and in accordance with all requirements of this section.