[HISTORY: Adopted by the Town Board of the Town of Bristol 5-8-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
In keeping with the Comprehensive Plan of 2007, the intent of
this article is to promote and protect the public health, safety,
welfare and aesthetics of the Town of Bristol by regulating the installation
of antennas, parabolic dishes, towers, windmills and energy-creating
devices.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
Windmill is producing electrical or mechanical power.
A unit measuring the volume of sound, as determined by a
sound-testing instrument. The New York State Vehicle and Traffic Law
establishes unacceptable noise levels at between 72 db and 90 db.
Structure(s) designed, constructed and/or installed to provide
a service.
The finished ground level adjoining the building at all exterior
walls.
An area of land determined by the limits of the lot lines
bounding that area and expressed in terms of square feet or acres.
An expansive view possessing natural beauty. (See Comprehensive
Plan of 2007.) The installation and use of a facility should not have
an adverse impact on the use and enjoyment of Bristol's viewshed.
A device that converts the kinetic energy of the wind, by
the use of a set of rotating blades and is usually elevated from ground
level on a tower, into electrical or mechanical power.
A windmill that provides electrical or mechanical power to
an individual home occupation, farm, or other single commercial enterprise
and can be either the primary or a secondary source of energy. Sale
or credit of excess electricity to the utility grid is permitted as
a tertiary use.
The total height of a structure including blades at extreme
vertical position.
A windmill or series of windmills in a facility, whose primary
purpose is to generate electricity that is fed to a power grid for
sale.
A windmill that provides electrical or mechanical power to
an individual residence and can be either the primary or secondary
source of energy. Sale or credit of excess electricity to the utility
grid is permitted as a tertiary use.
The following uses are permitted in all use districts in the
Town of Bristol, subject to the receipt of a special use permit in
accordance with this chapter:
A.
Facilities under the direct control and ownership, and used exclusively
by any federal, state, county or local government agency.
B.
Facilities used exclusively for emergency services, such as fire
and ambulance.
C.
Parabolic dish non-roof-mounted parabolic dishes with a height of
less than 15 feet. Any such structures shall be subject to area restrictions
set forth in this chapter.
D.
Non-dish-type TV antennas with a height less than 60 feet from grade
do not require a building permit.
A.
Special use permits. The following uses are permitted in all districts
only upon issuance of a special use permit by the Town of Bristol
Zoning Board of Appeals in accordance with the standards set forth
in this chapter:
B.
Prohibited variances. The following uses are not permitted in any
district in the Town of Bristol and no variance shall be permitted
to allow said use: facilities except those referred to in this chapter
and which exceed the height of 250 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Area restrictions:
(1)
Number of facilities. No more than one free-standing tower shall
be located on any parcel.
(2)
Antennas (not including commercial broadcast or communications facilities):
(a)
No freestanding antenna (over three feet in diameter) shall
be constructed, erected, or maintained except as an accessory structure
to an existing residential dwelling.
(b)
All freestanding antennas shall be located in the rear yard
at least 10 feet from the side and rear lot lines or at a distance
equal to the height of the antenna plus six feet, whichever is greater.
When measuring side and rear setbacks, all cables, guy wires, or other
supports shall constitute a part of the antenna.
(3)
Towers and commercial broadcast and communications facilities:
(a)
Tower placement. Towers may be erected only in A-C Zoned Districts.
A radius and/or distance of 8,000 feet must be maintained between
any new tower and any preexisting tower in the Town of Bristol or
its adjoining municipalities.
(b)
No more than one tower shall be located on any parcel for each
special use permit applied for and granted. Minimum lot size shall
be equal to 2.4 times the tower height plus any extensions in width
or depth, but not less than 80,000 square feet. The tower, including
any extensions, shall be located no closer than 1.25 times its height
to any boundary line. When measuring side and rear setbacks, all cables,
guy wires or other supports shall constitute a part of the antenna.
D.
Application process.
(1)
Special use permit. All applicants for a special use permit to construct
or maintain a facility within the Town of Bristol must make application
to the Code Enforcement Officer on forms prescribed for that purpose.
In addition, the applicant must provide the following:
(a)
Specific site data placed on a map, acceptable in form and content
to the Code Enforcement Officer, which shall be prepared to a scale
of not smaller than one inch to 50 feet, and in sufficient detail
and accuracy so as to accurately depict the placement of all component
parts of the tower or antenna (including guy wires, underground utilities
and/or enclosures) in relation to:
[1]
The location of property lines and permanent easements.
[2]
The location of all structures on the site and all structures
on any adjacent property within 250 feet of the property lines.
[3]
The location of all utility lines, trees or other natural or
artificial structures.
[4]
The location, nature, and extent of any proposed fencing, buffering,
plantings, or other screening measures, if any.
(c)
The applicant shall also submit to the Zoning Board of Appeals
documentation that shared use of existing towers is or is not feasible.
(d)
The applicant shall give notice by certified mail, return receipt
requested, to all property owners within 1,500 feet of the parcel
upon which the proposed facility is to be constructed or maintained.
Such notice must contain the following information: the street address
of the property in question, a scale sketch of the location of the
facility on the property, and the date, time and place of the public
hearing on said application.
(e)
The applicant shall submit certification of approval from the
Federal Communications Commission (FCC) to the Zoning Board of Appeals
that the proposed facility meets with Federal Communications Commission
(FCC) approval.
E.
Special use permit standards. No special use permit shall be granted
unless evidence is presented which establishes that:
(1)
The proposed facility is located within the geographic area permitted
under this chapter.
(2)
The proposed facility complies with all other use and area requirements
of this chapter.
(3)
The locating property must be free of all property violations.
(4)
The proposed facility is adequately screened and buffered from neighboring
properties in order to minimize the impact on said properties.
(5)
The installation and use of the facility will not have an adverse
impact on the use, enjoyment and value of neighboring property.
(6)
The nonionizing electromagnetic radiation (NEMR) emitted from the
facility does not result in a ground level exposure at any point outside
said facility which exceeds the lowest applicable exposure standards
established by any regulatory agency of the United States government
or the American National Standards Institute (ANSI).
F.
Maintenance of existing facilities. Existing facilities may be repaired
and maintained without restriction. However, any modification to any
such facility, whether or not incidental to repair or maintenance,
which may result in a change in the surface, subsurface, or air space
occupied by such facility, including any device used in connection
with same, shall be subject to the provisions of this chapter. No
existing facility shall be modified in any way which will result in
any substantial increase in the level intensity or direction of any
NEMR emission existing on the effective date of this chapter and,
further, that at no time shall such modification result in any increase
in the level of NEMR over the applicable NEMR standards established
by any regulatory agency, private (such as ANSI) or governmental,
whichever is lower, and further provided that such emissions from
the proposed modifications will not cause some other site to exceed
the standards because of the cumulative effect. The NEMR emissions
do not result in a ground level exposure at any point outside such
facility which exceeds the lowest applicable exposure standards established
by any regulatory agency of the United States government or the American
National Standards Institute.
G.
Abandonment or discontinuance of use and operation. In the event
that the owner or lessee of any facility ceases for a period of six
months to use or operate the said facility, then, in that event, such
facility shall be dismantled and removed from the site and the site
shall be restored to its natural state by the owner. Failure to dismantle
and remove a facility and restore the site to its natural state within
30 days after said facility has been declared abandoned by the Town
Board will result in forfeiture of said letter of credit or cash bond
posted by said owner or lessee of said facility.
H.
Registration and reporting.
(1)
The owner, manager, or other beneficial party in interest shall file
a statement of registration of any commercial broadcast or communication
facility defined in this chapter with the Code Enforcement Officer
within 90 days of the effective date of this chapter. Such statement
shall contain the following information:
(a)
Nature of the facility, including a description of its function
and purpose.
(b)
Names of the owners, managers, and other parties who are responsible
for the control and operation of the facility. This shall also include
the names of any persons on whose property the facilities are located.
(c)
Emission data pertaining to NEMR, including levels, direction,
and orientation of emissions, and hours and dates of operation.
(d)
Names, telephone numbers, and addresses of persons who may be
contacted in the event of any emergency shall be displayed on the
compound.
(e)
Names of any regulatory agencies who are involved in any way
in the licensing or regulation of the facility, including a statement
of any violation cited against the facility and corrective measures
mandated.
(f)
Names of any insurance companies providing protection against
loss or damage to persons or property resulting from the operation
or maintenance of the facility.
(g)
Any changes in the information or data required to be furnished
by this chapter shall be provided within 30 days of any such changes
by the filing of an amended registration form to be provided by the
Town Board. Such filing shall not, however, be interpreted to authorize
any violation of the provisions of this chapter or of any permit issued
pursuant to same.
(2)
The owner, manager, or other beneficial party in interest shall submit
to the Code Enforcement Officer of the Town of Bristol, not less than
annually, a report including the hours of operation of those facilities
and certifying on a form to be provided by the Town of Bristol that,
during the previous year, there have been no NEMR emissions from such
facilities at power levels, frequencies, durations, and directional
concentrations as would exceed the standards so as to constitute any
health hazard to the citizens of the Town of Bristol. Further, the
applicant shall provide to the Code Enforcement Officer of the Town
of Bristol any other reports filed with any governmental or regulatory
agencies related to the use and operation of these facilities.
I.
Fees.
(1)
Application fees. Each application for a permit shall be accompanied
by a fee, paid in cash or certified check, in an amount equal to the
fee established by the Town Board, as the same may, from time to time,
be amended and established.
(2)
Annual registration fees. Every owner/co-locator/lessee of a facility
subject to the requirements of this chapter shall pay an annual fee
in January of each year. Delinquent accounts shall be subject to late
fees. The annual fee shall be established by the Town Board as the
same may, from time to time, be amended and established.
J.
Miscellaneous provisions.
(1)
Inspection. Each facility subject to this chapter may be inspected
on a periodic basis by the Fire Marshal, Code Enforcement Officer
or other person appointed by the Town Board to ensure compliance with
this chapter.
(2)
Abandonment letter of credit or cash bond. Every owner/co-locator/lessee
of a facility subject to the provisions of this chapter shall post
a letter of credit or cash bond in an amount determined by the Town
Board. Said letter of credit or cash bond shall be applied by the
Town Board to pay for costs incurred during removal of a facility
and restoration of the site to its natural state, should the owner/co-locator/lessee
of said facility fail to do the same within 30 days after said facility
has been declared abandoned.
(3)
Insurance. Every owner/co-locator/lessee of a facility, subject to
the requirements of this chapter shall be required to obtain an insurance
policy, naming the Town of Bristol as insured, to protect the Town
of Bristol from liability arising out of said facility. The value
of the policy shall be determined by the Town Board.
K.
Penalties.
(1)
Revocation of special use permit. Any special use permit granted
hereunder may be revoked by the Zoning Board of Appeals, after due
hearing with not less than 10 days' notice to the person holding such
permit, in the event that the use violates any of the conditions or
restrictions of this chapter or any conditions or restrictions imposed
by the Zoning Board of Appeals upon the issuance of such permit, or
shall have become a nuisance.
(2)
Enforcement proceedings. The Town of Bristol shall have all enforcement
remedies allowed by law including, but not limited to, criminal enforcement
in Justice Court and civil enforcement by injunction in Supreme Court.
A.
Residential and commercial windmills.
(1)
Application process.
(a)
Special use permit is required:
[1]
All applicants for a special use permit to construct or maintain
a facility within the Town of Bristol must make application to the
Code Enforcement Officer on forms prescribed for that purpose.
(b)
A site plan review is required before a building permit may
be issued for a residential or commercial windmill.
(c)
SEQR. A SEQR review is required. All applications for windmills
shall be considered a Type I SEQR action with a full environmental
review.
(2)
Placement.
(a)
Setbacks, ice and blade throw: Setbacks from adjacent property
lines, rights-of-way, easements, public ways or power lines (not to
include individual residential feed lines) shall be two times the
maximum windmill height or 1 1/4 times the maximum engineer-calculated
ice or blade throw distance to the maximum point of impact, whichever
is greater.
(b)
Allowed zoning districts: L-R, A-C, M-R, L-I.
(c)
Number of windmills allowed per parcel: there shall be a limit
of one per parcel.
(d)
Noise level limit. Individual wind turbine towers shall be located
with relation to property lines so that the level of noise produced
during wind turbine operation shall not exceed 50 dbA, measured at
the boundaries of all of the closest parcels as those boundaries exist
at the time of the special use permit application.
(e)
Guy wires and anchors. All guy wires or cables shall be marked
with high-visibility orange or yellow sleeves from the ground to a
point 10 feet above the ground. Setbacks for anchor points, for guy
wires or cables shall be 50 feet from any property line.
(f)
Lighting. No windmill shall be lighted artificially unless such
lighting is required by a state or federal agency.
(g)
Scenic viewshed impact. No windmill shall be installed in a
location where the Planning Board determines the windmill to be detrimental
to the general neighborhood character, regardless which zoning district
is being proposed. No individual tower facility shall be installed
in any location that would substantially detract from or block the
view of a portion of a scenic viewshed, as viewed from any public
road right-of-way, publicly owned land or privately owned land within
the Town of Bristol. (Refer to Comprehensive Plan adopted in 2007.)
(h)
Broadcast interference:
[1]
No individual tower facility shall be installed in any location
along the major axis of an existing microwave communication link where
its operation is likely to produce electromagnetic interference in
the link's operation.
[2]
No individual tower facility shall be installed in any location
where its proximity with existing fixed broadcast transmission or
reception antenna (including residential reception antenna) for radio,
television, or wireless phone or other personal communication systems
would produce electromagnetic interference with signal transmission
or reception.
[3]
The recipient of the special use permit must correct any unforeseen
interference to the satisfaction of the Code Enforcement Officer within
60 days of any complaint.
(3)
Specifications.
(a)
Maximum height limit. Maximum height limit shall be no greater
than 120 feet.
(b)
KW limit: 20 KW, maximum operating output.
(c)
Color: shall be determined during site plan review unless an
agency of the state or federal government mandates otherwise.
(d)
Structure: lattice or solid tube.
(e)
Design and specifications. Detailed design and specification
will be required during site plan review.
(f)
Ice buildup sensors. Ice buildup sensors are not required.
(g)
Connecting cables. All power transmission lines from the windmill
electricity generation facilities shall be underground.
(h)
Blade to ground distance. The lowest portion of the blade may
not be closer than 25 feet to the ground.
(4)
Notice and safety considerations.
(a)
Fencing. Access to the tower shall be limited either by means
of a fence six feet high around the tower base with a locking gate
or by limiting tower climbing apparatus to no lower than 12 feet from
the ground.
(b)
Limit tip speed. No wind turbines shall be permitted that lack
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, over speeding, and excessive pressure on the tower structure,
rotor blades, turbine components.
(5)
Operating considerations.
(a)
If transmission service from a windmill is discontinued for
an anticipated period exceeding six months, the owner of such windmill
shall notify the Code Enforcement Officer within 30 days of the date
of such discontinuance.
(b)
Removal is not operational. Any windmill which has not been
in active and continuous service for a period of one year shall be
removed from the premises to a place of safe and legal disposal. Additionally,
all structures, guy cables, guy anchors and/or enclosures accessory
to such windmill shall also be removed. The site shall be restored
to a natural condition as instructed by the Code Enforcement Officer.
Such removal shall be completed at the owner's expense.
(c)
Building and grounds maintenance. Any damaged or unused parts
shall be removed from the premises within 30 days or kept in an on-site
storage building. All maintenance equipment, spare parts, oil, etc.,
shall also be kept in said on-site storage building.
(d)
Ownership changes. If the ownership of a windmill operating
under a special use permit changes, the special use permit shall remain
in force. All conditions of the special use permit, including bonding,
letter of credit, or continuing certification requirements of the
original owner will continue to be obligations of succeeding owner.
However, the change in ownership shall be registered with the Code
Enforcement Officer.
(e)
Windmill modification. Any and all modifications, additions
or deletions to windmills that operate under a special use permit,
whether structural or not, shall be made with an additional special
use permit, except that such special use permit shall not be required
for repairs which become necessary in the normal course of use of
such windmill or become necessary as a result of natural forces, such
as wind or ice.
(6)
Certifications.
(a)
National and state standards. The applicant shall show that
all applicable manufacturers, New York State and U.S. standards for
the construction, operation and maintenance of the proposed windmill
are being complied with. Windmills shall be built, operated and maintained
to applicable industry standards of the Institute of Electrical and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI). The applicant for a windmill special use permit shall furnish
evidence, over the signature of a professional engineer licensed to
practice in the State of New York, that such windmill is in compliance
with these standards.
(b)
Lightning strike/grounding. The applicant shall show that all
applicable manufacturers, New York State and U.S. standards for the
construction, operation and maintenance of the proposed windmill have
been or are being complied with.
(c)
Wind speed/wind load. Certification is required by a licensed
professional engineer or manufacturer's certification stating the
tower design is sufficient to withstand wind-load requirements for
such structures as established by the Building Code of New York State.
(d)
Continuing obligations. All requirements detailed in this chapter
shall remain in force for the life of the special use permit.
B.
Industrial windmills.
(1)
Application process.
(a)
Special use permit is required:
[1]
All applications for a special use permit to construct or maintain
a facility within the Town of Bristol must make application to the
Code Enforcement Officer on forms prescribed for that purpose.
(b)
Site plan review. A site plan review by the Planning Board is
required before a building permit may be issued for an industrial
windmill.
(c)
SEQR. SEQR review is required. All applications for industrial
windmills conforming to the provisions shall be considered a Type
I SEQR action with a full environmental review.
(2)
Placement.
(a)
Setbacks, ice and blade throw. Setback from adjacent property
lines, rights-of-way, easement, public ways, power lines, or areas
or structures customarily used by the public shall be four times the
maximum structure height or 1 1/4 times the maximum engineer-calculated
ice or blade throw distance to the maximum point of impact, whichever
is greater. A residence found on the site parcel must be located 1,500
feet (minimally) from the wind tower.
(b)
Allowed districts. A-C District only.
(c)
Noise level limit. Individual wind turbine towers shall be located
with relation to property lines so that the level of noise produced
during wind turbine operation shall not exceed 50 dbA measured at
the boundaries of all the closest parcels that are owned by non-site
owners and that abut either the site parcel(s) or any other parcel
as those boundaries exist at the time of the special use permit application.
(d)
Distance between towers. Shall be a distance of 8,000 feet.
(e)
Lighting. No windmill shall be lighted artificially unless such
lighting is required by a state or federal agency. Use of nighttime
and overcast daytime condition stroboscopic lighting to satisfy tower
facility lighting requirements for the Federal Aviation Administration
shall be subject to on-site field testing before the Planning Board
as a prerequisite to that Board's approval.
(f)
Scenic viewshed impact. No windmill shall be installed in a
location where the Planning Board determines the windmill to be detrimental
to the general neighborhood character. No individual tower facility
shall be installed in any location that would substantially detract
from or block view of a portion of a scenic viewshed, as viewed from
any public road right-of-way, publicly owned land or privately owned
land within the Town of Bristol.
(g)
Broadcast interference.
[1]
No individual tower facility shall be installed in any location
along the major axis of an existing microwave communications link
where its operation is likely to produce electromagnetic interference
in the link's operation.
[2]
No individual tower facility shall be installed in any location
where its proximity with existing fixed broadcast, retransmission,
of reception antenna, (including residential reception antenna) for
radio, television, or wireless phone or other personal communication
systems would produce electromagnetic interference with signal transmission
reception.
[3]
The recipient of the special use permit must correct any interference
to the satisfaction of the Code Enforcement Officer within 60 days
of complaint.
(h)
Transmission lines to power grid and between shall be underground.
(3)
Specifications.
(a)
Maximum height limit. Maximum height limit shall be no greater
than 250 feet.
(b)
Tower limit: maximum 1.5 megawatt, maximum operating output.
(c)
Color. Industrial windmills must be battleship gray unless an
agency of the state or federal government mandates otherwise.
(d)
Structure: solid tube.
(e)
Design and specifications. Detailed design and specifications
will be required during site plan review.
(f)
Bird migration study. Bird migration shall be addressed through
SEQR review.
(g)
Ice buildup sensors. Ice buildup sensors shall be required for
industrial windmills.
(h)
Connecting cables. All power transmission lines from the windmill
electricity generation facilities shall be underground.
(i)
Blade to ground distance. The lowest portion of the blade may
not be closer than 25 feet to the ground.
(4)
Notice and safety considerations.
(a)
Signs:
[1]
Caution signs. Caution signs shall be placed at the setback
limits warning of ice and blade throws. Signs shall be placed at fifty-foot
intervals and be four feet to six feet high (at eye level). Signs
shall be a minimum of one foot square and no larger than two feet
square in size and shall have the words CAUTION: FALLING OBJECTS and
emergency telephone numbers.
[2]
Other signs. There shall be no other signs affixed to the windmills,
accessory buildings or enclosures.
(b)
Fencing. Access to the tower shall be limited either means of
a fence, six feet high, around the tower base with a locking gate,
or by limiting tower climbing apparatus to no lower than 12 feet from
the ground or locked door to internal stairs.
(c)
Limit tip speed. No wind turbine shall be permitted that lacks
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, over speeding, and excessive pressure on the tower structure,
rotor blades and turbine components.
(d)
Use of public roads:
[1]
An applicant, owner, or operator proposing to use any (county,
municipality or township) road(s) for the purpose of transporting
parts and/or equipment for construction, operation or maintenance
shall: identify all such public roads and obtain applicable weight
and size permit from relevant government agencies prior to construction.
[2]
To the extent an applicant, owner, or operator must obtain a
weight of size permit from the county, municipality, or township,
the applicant, owner, or operator shall conduct a pre-construction
baseline survey to determine existing road conditions for assessing
potential future damage; and secure financial assurance, in a reasonable
amount agreed to by the relevant parties, for the purpose of repairing
any damage to public roads caused by constructing, operating or maintaining
the windmill.
(5)
Operating considerations.
(a)
Removal if not operational. Any windmill, which has not been
in active and continuous service for a period of one year shall be
removed from the premises to a place of safe and legal disposal. Any
and all structures and/or any enclosures accessory to such windmill
shall also be removed. The site shall be restored to as natural a
condition as possible. Such removal requires a demolition permit and
shall be completed within six months of the cessation of active and
continuous use of such windmill.
(b)
Building and grounds maintenance. Any damaged or unused parts
shall be removed from the premises within 30 days or kept in an on-site
storage building. All maintenance equipment, spare parts, oil, etc.,
shall also be kept in said on-site storage building.
(c)
Ownership changes. If the ownership of a windmill operating
under a special use permit changes, the special use permit shall remain
in force. All conditions of the special use permit, including bonding,
letter of credit or continuing certification requirements of the original
owner, will continue to be obligations of succeeding owners. However,
the change in ownership shall be registered with the Code Enforcement
Officer.
(d)
Windmill modifications. Any and all modifications, additions,
deletions or changes to windmills that operate under a special use
permit, whether structural or not, shall be made by special use permit,
except that such special use permit shall not be required for repairs
which become necessary in the normal course of use of such windmill
or become necessary as a result of natural forces, such as wind or
ice.
(6)
Certification.
(a)
Inspection:
[1]
An inspection report prepared by an independent professional
engineer licensed in the State of New York will be required at the
time of installation. The inspection report required at the time of
installation will be for the structure and the electronics and will
be filed with the Code Enforcement Officer.
[2]
The owner, manager, or other benefiting party in interest shall
complete, through an independent licensed engineer, an annual inspection
report on forms to be provided by and filed with the Code Enforcement
Officer.
[3]
Each facility subject to this chapter may be inspected on a
periodic basis by the Fire Marshal, Code Enforcement Officer, Town
Engineer or any other person appointed by the Town Board to ensure
compliance with this chapter.
(b)
Insurance liability. Prior to issuance of a building permit,
the applicant shall provide the Town, in the form of a duplicate insurance
policy or a certificate of coverage issued by an insurance company
authorized to conduct business in New York, for liability insurance
of a level to be determined by the Town Board in consultation with
the Town's insurer. This liability policy shall indemnify the Town
against damage to persons and property.
(c)
National and state standards. The applicant shall show that
all applicable manufacturers, New York State and U.S. standards for
construction, operation and maintenance of the proposed windmill have
been met and are being complied with. Windmills shall be constructed,
operated and maintained to applicable industry standards of the Institute
of Electrical and Electronic Engineers (IEEE) and the American National
Standards Institute (ANSI). The applicant for a windmill special use
permit shall furnish evidence, over the signature of a professional
engineer licensed to practice in the State of New York, that such
windmill is in compliance with such standards.
(d)
Performance bond (removal).
[1]
The owner of a windmill, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal of the windmill. The Town Engineer and Town Attorney shall judge this letter of credit or other surety adequate and satisfactory before a building permit is issued. Said letter of credit shall be forfeited if removal is not completed by the deadline specified in Subsection B(6)(d)[2] below.
[2]
Any windmill which has not been active and continuous service
for a period of one year shall be removed from the premises to a place
of safe and legal disposal. Any and all structures and/or enclosures
accessory to such windmill shall also be removed, with the issuance
of a demolition permit. The site shall be restored to as natural a
condition as possible. Such removal shall be completed within six
months of the cessation of active and continuous use of such windmill.
(e)
Environmental contamination. The owner of a windmill, after
such application has been approved and before a building permit is
issued, shall submit the maximum amount letter of credit or acceptable
surety necessary to ensure the cleanup of any contamination according
to DEC requirements. The Town Engineer and Town Attorney shall judge
the letter of credit or other surety adequate and satisfactory before
a building permit is issued.
(f)
Wind speed/wind load. Certification is required by a licensed
professional engineer or manufacturer's certification that the tower
design is sufficient to withstand wind-load requirements for structures,
as established by the Building Code of New York State.
(g)
Continuing obligations. All requirements detailed in the subdivisions
above remain in force for the life of the special use permit.
If any section, paragraph, subdivision or provision of this
chapter shall be held invalid, such invalidity shall apply only to
this section, paragraph, subdivision or provision adjudged invalid,
and the rest of this chapter shall remain valid and effective.
