Town of Wilna, NY Renewable Energy Systems

Only closed-loop geothermal energy systems utilizing heat transfer fluids as defined in Article III are permitted. Open-loop geothermal energy systems are not permitted.

Geothermal energy systems in public waters may be permitted in accordance with approval from the Wilna Planning Board, subject to state and federal permits and water quality standards.

Geothermal energy systems in water bodies owned or managed by the Town of Wilna are not permitted.

Design standards.

All components of geothermal energy systems, including pumps, borings and loops, shall be set back at least five feet from side lot lines and at least 10 feet from rear lot lines.

All borings and loops shall be set back at least 10 feet from the foundation of any structure, either on or off site.

Aboveground equipment associated with geothermal energy shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.

Geothermal energy systems shall not encroach on public drainage, utility roadway or trail easements.

Geothermal heat pumps shall be screened to reduce noise levels as measured at the property boundary to 50 decibels or less as to mitigate adverse noise impacts.

In addition to screening for noise control, geothermal energy systems are considered mechanical equipment and are subject to screening by landscaping, fencing or other methods to enhance the view.

Standards and certifications. Geothermal energy systems shall be certified by Underwriters' Laboratories, Inc., and shall meet the requirements of the New York State Building Code as adopted by the Town of Wilna.

Abandonment.

If a geothermal energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned and shall constitute a public nuisance.

Upon notice to the owner by the Zoning Enforcement Officer, within 180 days, the owner shall remove the abandoned system at his/her expense after a hearing by the Wilna Town Board, in accordance with the following:

The heat pump and any external mechanical equipment shall be removed.

Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.

Geothermal energy systems shall be completely removed from the bottom of any water body.

Permits.

A building permit shall be obtained from the Town of Wilna Code Enforcement Officer.

Borings for vertical systems are subject to any and all required approvals and permits from the NYSDEC Division of Water and the New York State Department of Health.

§ 250-46 Small wind energy conversion systems.

Applicability. Small wind energy conversion systems (WECSs) may be used primarily to generate on-site power or to reduce the off-site supply of electricity.

Approval.

Freestanding and building-mounted small WECSs shall only be permitted in AR Zoning Districts by site plan review and approval from the Planning Board.

All small WECS installed prior to the enactment of this article are exempt from the conditions herein; provided, however, that:

Any such preexisting small WECS that has been inoperable, not supplying energy for 12 months, will require conditions and processes of this section to be met prior to operations being re-initiated. No modification or alteration to an existing small WECS shall be allowed without full compliance with this section.

Small WECS constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure.

Application requirements for small WECSs. An application for a building permit and site plan review for freestanding small WECSs shall include the following requirements:

Ownership and land use information within a radius of 1,000 feet of the location proposed for each tower to be shown on the site plan.

Location of the proposed small WECSs, foundations, guy anchors, and associated equipment to be shown on the site plan.

Setback requirements as outlined in this chapter to be shown on the site plan. Small WECS specifications, including manufacturer, model, rotor diameter, tower height, and tower type (freestanding or guyed).

If the small WECS will be connected to the power grid, documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation of a small WECS.

Sound level analysis prepared by the wind turbine manufacturer.

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (usually provided by the manufacturer).

(7)

The site plan must be stamped by a professional engineer licensed to practice in the State of New York.

(8)

A building permit application for building-mounted small WECS shall include all requirements in the adopted code, including building connection detail plans, to be submitted and stamped by a NYS-licensed professional engineer.

Standards for small WECS.

Upon receipt of a building permit application for a small WECS, the Town of Wilna Code Enforcement Officer will review the permit. A building permit will be issued when the requirements for site plan review and building permit review have been met.

Setback and area requirements. Freestanding small WECS shall be set back a distance, measured from the center of the tower base to the height of the nacelle plus 100 feet from:

Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.

Any overhead utility or transmission lines.

All property lines.

All dwellings not owned by the requester/WECS owner.

Any travel ways, to include, but not be limited to, driveways, parking lots, nature trails or sidewalks.

Other wind turbine towers, electrical substations, or meteorological towers.

Guy wires used to support the tower are exempt from the small WECS setback requirements. However, the guy wires may not be located within or over a right-of-way without obtaining an easement.

Small WECSs often are deemed unlisted actions and require the Short Environmental Assessment form, yet SEQRA review is determined on a project-by-project basis.

No small WECS shall be installed or mounted less than 110% of the tower height from the nearest dwelling as measured horizontally from the center of the tower base.

(j)

All small WECS shall require a minimum lot size of five acres for each turbine.

Height. The total height for freestanding small WECSs in AR Districts shall not exceed 150 feet to the nacelle.

Towers.

Freestanding wind turbines may only be attached to specifically designed and manufactured towers.

The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer of the wind turbine.

Anchor points for any guy wires for a system tower shall be located within the property or easements that the system is located on and not on or across any aboveground electric transmission or distribution lines.

Tower foundation engineering drawings stamped by a professional engineer licensed to practice in the State of New York.

Sound level. A small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed ambient noise (L90 measured with the turbine in operation) plus five decibels (dBA), as measured at the closest neighboring property line. Sound levels should be determined based on noise study.

Safety.

To prevent harmful wind turbulence on existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

All small WECSs shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

Owners shall be instructed to provide one of the following means of access control or other appropriate method of access:

Tower-climbing apparatus located no closer than 12 feet to the ground.

Any small WECSs found to be unsafe by the local Code Enforcement Officer shall be repaired by the owner to meet federal, state and local safety standards or shall be removed within three months.

The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.

The system shall be operated such that no damage is caused by stray voltage. If it has been demonstrated that a system is causing stray voltage, the system operator shall promptly mitigate the damage or cease operation of the system.

(7)

Small WECSs shall be sited in a manner that does not result in shadowing or flicker impacts in excess of one hour per day. The applicant has the burden of proving that this effect does not have a significant adverse impact on neighboring or adjacent uses, either through siting or mitigation.

(8)

Signs. All signs, both temporary and permanent, are prohibited on the small WECS, except as follows:

Manufacturer's or installer's identification on the wind turbine.

Appropriate warning signs and placards.

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 from rotating machinery.

No advertisement, including, brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed in an unobtrusive manner on a system generator housing.

Code compliance. The small WECSs shall comply with all applicable sections of the New York State Building Code and National Electric Code.

Aviation compliance.

The small WECSs shall be built to comply with all applicable Federal Aviation Administration guidelines, including, but not limited to, 14 CFR Part 77, Subpart b, regarding installations close to airports, and the New York Aviation regulations. Evidence of compliance or non-applicability shall be submitted with the application.

Fort drum. The applicant shall notify Fort Drum personnel in the Plans, Analysis, and Integration Office as soon as possible upon application submission to determine potential impacts on Fort Drum airfield and training activities. The applicant should provide a letter from Fort Drum with comments of the proposed tower.

Watertown International Airport. The applicant shall file a Notice of Proposed Construction or Altercation, FAA Form 7460 Airport Airspace Analysis, and notify the Airport Manager as soon as possible upon application submission to determine potential impacts on the airport. If warranted by the energy system type development proposed the developer should complete studies of the potential impacts to landing facility traffic patterns, air navigation, and radar or instrument approach procedures.

Utility connection. If the proposed small WECS is to be connected to the power grid through net metering, the applicant shall provide written evidence that the electric utility service provider that services the proposed site has been informed of the applicant's intent to install an intermittent customer-owned electric generator.

Approved wind turbines. The manufacturer and model of the wind turbine to be used in the proposed small WECS must have been approved by New York State Energy Research and Development Authority, or a similar list approved by the State of New York, if available. NYSERDA uses the "Unified List of Wind Turbines."

Clearing. Clearing of natural vegetation shall be limited to that which is permitted by applicable laws, regulations, and ordinances.

Operations.

All small WECSs shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all permit conditions.

Should a small WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town of Wilna Code Enforcement Officer to cure any deficiency.

An extension of the ninety-day period may be considered, but the total period may not exceed 180 days.

Abandonment.

At such time that a small WECS is scheduled to be abandoned or discontinued, the applicant will notify the Zoning Enforcement Officer by certified United States mail of the proposed date of abandonment or discontinuation of operations.

Upon abandonment or discontinuation of use, the owner shall physically remove the small WECS within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Town of Wilna Code Enforcement Officer. "Physically remove" shall include, but not be limited to:

Restoration of the location of the small WECS to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.

In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of inoperability, the Town of Wilna Code Enforcement Officer may issue a notice of abandonment to the owner of the small WECS. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.

The Zoning Enforcement Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides reasons for the operational difficulty, provides a reasonable timetable for corrective action, and demonstrates that the small WECS has not been abandoned.

If the owner fails to respond to the notice of abandonment or, if after review by the Town of Wilna Code Enforcement Officer it is determined that the small WECS has been abandoned or discontinued, the owner of the small WECS shall remove the wind turbine and tower at the owner's sole expense within 120 days of receipt of the notice of abandonment.

If the owner fails to physically remove the small WECS after the notice of abandonment procedure, the Town shall have the authority to enter the subject property and physically remove the small WECS at the owner's sole expense.

Violations; prior installations.

It is unlawful for any person to construct, install, or operate a small WECS that is not in compliance with this chapter or with any condition contained in the site plan review approval pursuant to this section.

Small WECS installed prior to the adoption of this section are exempt.

Severability. Should any provision of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

§ 250-47 Commercial wind energy conversion systems (WECS).

NOTE: Combined with § 250-44, Purpose.

Application requirements for commercial wind energy systems.

A complete special use permit application for a commercial WECS shall include the following materials unless specifically waived by the Planning Board. Such information shall be in addition to any information required by the Town of Wilna, under any related local law or ordinance.

Ten copies of the application shall be submitted to the Town Zoning, payment of all application fees shall be made at the time of the application submission. If any waivers are requested, wavier application fees, if any, shall be paid at the time of receipt of the application. In addition, the applicant shall provide the Planning Board additional copies necessary to coordinate the review with involved agencies pursuant to SEQRA.

Name, address, telephone number of the applicant. If an agent represents the applicant, the application shall include the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

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 (1) confirming that the property owner is familiar with the proposed applications and (2) authorizes the submission of the application.

Address, or other property identification, of each proposed tower location, including Tax Map section, block, and lot number.

A description of the project, including the number and maximum rated capacity of each WECS.

A site plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following:

[1]

Lot lines and physical dimensions of the WEC Site.

[2]

Location, approximate dimensions and types of major existing structures and used on the WEC Site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed WECS Site.

[3]

Location and elevation of each proposed WECS.

[4]

Location of all aboveground utility lines on the WEC Site or within one radius of the total height of the WECS, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.

[5]

Location and size of structures above 35 feet within a 500-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.

[6]

To demonstrate compliance with the setback requirements of this article, circles drawn around each proposed tower location equal to 1,250 feet.

[7]

Location of each residential structure, both on the WEC Site and off the WEC Site, that is located within 2,500 feet from the nearest individual wind turbine, as well as the specific distance from the nearest individual wind turbine to each residential structure.

[8]

All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.

[9]

Visual impacts. A visual analysis and photo simulations of the wind turbines.

[a]

It is inherent that WECS may pose some visual impacts due to the tower height needed to access the wind resources. The purpose of this section is to reduce the visual impacts without restricting the owner's access to the wind resources.

[b]

The applicant shall demonstrate through project site planning and proposed mitigation that the WECS's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, turbine design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground.

[c]

The color of the small WECS shall either be the stock color from the manufacturer or painted with a white or off-white nonreflective, unobtrusive color that blends in with the surrounding environment.

[d]

A small WECS shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small WECS.

[10]

Existing roads shall be used to provide access to the facility site or, if new roads are needed, the amount of land used for new roads shall be minimized and the new roads shall be located so as to minimize adverse environmental impacts.

Vertical drawing of the wind turbines showing Total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each wind turbine of the same type and total height.

Landscaping plan depicting existing vegetation and describing any areas to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations.

Lighting plan showing any FAA-required lighting as well as all other proposed lighting. The application should include a copy of any determination by the Federal Aviation Administration to establish required markings and/or lights for each structure that is part of the facility, but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted.

List of property owners, with their mailing address, within 500 feet of the lot lines of the proposed site.

(j)

Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include the following information at a minimum:

[1]

The anticipated life of the commercial WECS;

[2]

The estimated decommission costs in current dollars;

[3]

How said estimate was determined;

[4]

The method of ensuring that funds will be available for decommissioning and restoration; the method, such as by annual re-estimate by a licensed engineer:

[a]

That the decommissioning cost will be kept current; and

[b]

The manner in which the commercial WECS will be;

[c]

Decommissioned and the WEC Site restored, which shall include at a minimum, the removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.

(k)

Complaint resolution. The application will include a complaint resolution process to address complaints from any resident or property owner. The process in addition to the avenues available under this chapter shall, as a condition precedent to arbitration, use an independent mediator to attempt to resolve the complaint, and include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint through mediation. The process will be subject to the rules of the American Arbitration Association. In the event the matter is not resolved in mediation, it shall be subject to binding arbitration under the rules of the American Arbitration Association. The applicant shall pay all fees and charges for the arbitration unless there is a finding by the Arbitrators for absolute no-fault on the part of the applicant. In the event of a ruling in favor of the complaining party, the arbitrators' award may include attorneys' fees and other costs.

(l)

An application shall include, at a minimum, the following information relating to the construction/installation of the commercial wind energy conversion system:

[1]

Construction schedule describing commencement and completion dates.

[2]

Description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.

[3]

Stormwater management and erosion and sediment control plan.

(m)

Applications for wind measurement towers subject to this chapter may be jointly submitted with the commercial WECS application.

(n)

For each proposed commercial WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. Include manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants.

(o)

Completed Part I of the Full Environmental Assessment Form.

(p)

If the applicant agrees, in writing, in the application that the proposed commercial WECS may have a significant adverse impact on the environment, it may submit a Draft Environmental Impact Statement (DEIS), and the Planning Board shall issue a positive declaration of environmental significance.

(q)

The applicant, either with the application, or, in the event of a positive declaration under SEQRA, as part of any DEIS submitted by the applicant with respect to the application for a zoning permit, shall submit such studies as the Planning Board reasonably determines to be necessary. Such studies shall be conducted by a qualified consultant as to each of the identified impacts or potential impacts, which study or studies shall include, at a minimum, a detailed analysis of the existing conditions, any potential adverse impacts, and the measures to be taken by the applicant to mitigate or eliminate such impacts.

(r)

In addition to the materials required in accordance with this section, complete applications should include any additional study or assessment determined to be required by the lead agency during the review of the project pursuant to SEQRA. No application shall be determined to be complete until a formal environmental finding has been made.

(s)

The application shall, prior to the receipt of a building permit, provide proof that it has executed an interconnection agreement with the New York independent system operator and the applicable transmission owner.

(t)

A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.

Development standards for commercial WECS. The following standards shall apply to all WECS, unless specifically waived by the Planning Board:

All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.

No television, radio, or other communication antennas may be affixed or otherwise made part of any commercial WECS.

In order to minimize any visual impacts associated with commercial WECS, no advertising signs are allowed on any part of the commercial WECS, including fencing and support structures.

Lighting of tower. No tower shall be lit except to comply with FAA requirements. Written verification of lighting requirements for commercial WECS from FAA is required. Minimum-security lighting for ground-level facilities shall be allowed as approved on the commercial WECS development plan.

All applicants shall use measures to reduce the visual impact of commercial WECS to the extent possible. Commercial WECS shall use tubular towers. All structures in a project shall be finished in a single, nonreflective, matte-finished white or gray in color. Commercial WECS consists of wind turbines whose appearance, with respect to one another, is similar within and throughout the project to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

The use of guy wires is disfavored. A commercial WECS using guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.

(7)

No commercial WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems can be reasonably expected to produce electromagnetic interference with signal transmission or reception. No commercial WECS 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. If it is determined that a commercial WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference.

(8)

The Fort Drum Joint Land Use Study (JLUS) lists a number of compatibility issues and areas that would potentially impact continued viability of the Wheeler Sack Army Airfield operation and training activities. The JLUS should be examined to ensure any potential commercial WECS locations within the Town of Wilna will not create conflicts with the Fort Drum activities or the Town of Wilna Comprehensive Plan goals, objectives and strategies.

(9)

All solid waste and hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.

(10)

Commercial WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided. The use of previously developed areas will be given priority wherever possible. All topsoil disturbed during construction, reconstruction or modification of commercial WECSs shall be stockpiled and returned to the site upon completion of the activity which disturbed the soil.

(11)

Commercial WECSs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity.

(12)

Commercial wind energy conversion systems shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.

(13)

Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.

(14)

If the proposed commercial WECS is to be connected to the power grid through net metering, the applicant shall provide written evidence that the electric utility service provider that services the proposed site has been informed of the applicant's intent to install an intermittent customer-owned electric generator.

(15)

The maximum total height of any wind turbine within a commercial WECS shall be 500 feet.

(16)

The substation used in conjunction with a WECS shall be sited in a manner that will have the least intrusive impact upon adjacent residences and shall be sheltered and or screened with a physical barrier and/or vegetation in a manner to eliminate its views from such residences. The Planning Board shall assess such siting in accordance with the requirements of this chapter.

(17)

In processing any application for a commercial WECS or in reviewing such project under SEQRA, the Planning Board shall consider any applicable policy or guidelines issued by the New York State DEC (i.e., visual impacts, noise impacts).

(18)

If it is determined that a commercial WECS is causing stray voltage issues, the operator shall take the necessary corrective action to eliminate these problems, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy stray voltage issues is grounds for revocation of the zoning permit for the specific commercial WECS causing the problems.

(19)

Turbine blades shall pass no closer than 30 feet to the ground during operation of the facility.

(20)

To the greatest extent possible WECS, together with all aboveground facilities, underground cables and wires, and all permanent access roads shall be positioned along existing fence lines, hedge rows or tree rows and/or as near the edge of any fields as possible to minimize disruption to pasture land or tillable land. Following construction, the site shall be graded and seeded and restored to its preconstruction condition or better.

(21)

Commercial WECSs shall be deemed Type I projects under SEQRA. The Planning Board may be responsible for the review of the proposed project under SEQRA and may, where appropriate, act as lead agency under SEQRA and shall coordinate its review with all other involved agencies in accordance with the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act regulations).

Required safety measures for commercial WECSs.

Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.

If the participating contiguous property owner submits a written request that fencing be required, then the Planning Board shall review what nature or type of fence is required, if any. The color and type of fencing for each wind turbine installation shall be determined on the basis of individual applications as safety needs dictate. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of the fence around each tower or group of towers and any building (or on the tower or building if there is no fence) containing emergency, contact information. The Planning Board may require additional signs based on safety needs.

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole or guyed towers.

Each wind turbine shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.

Existing snowmobile and/or ATV trails shall be posted to warn of potential ice-throw dangers from the commercial WECS.

Copies of all reports concerning operating and safety inspections for each commercial WECS shall be filed with the Town Clerk.

Traffic routes.

Construction of commercial WECSs pose potential risks because of the large size construction vehicles and their impact on traffic safety and their physical impact on local roads. Special use permit conditions may limit commercial WECS-related traffic to specified routes and include a plan for disseminating traffic route information to the public. Factors in establishing such routes shall include:

Minimizing traffic impacts from construction and delivery vehicles, including impacts on local residential areas;

Minimizing WECS-related traffic during times of school bus activity;

Minimizing wear and tear on local roads; and

Minimizing impacts on local business operations.

The applicant shall demonstrate that it has entered into an agreement with the Town of Wilna and/or County of Jefferson relative to the use of roads.

The applicant is responsible for repair of all damages to Town Roads occurring during the construction or maintenance of a commercial WECS in accordance with its agreement with the Town.

Noise standards for wind energy conversion systems.

The sound level statistical sound pressure level (L)(10) due to any commercial WECS operation shall not exceed ambient noise levels (exclusion of the development proposed) by more than 5 dBA at the nearest lot line.

Any sound level falling between two whole decibels shall be the lower of the two.

Setbacks for commercial WECS. Structures and wind turbines for commercial WECS shall be set back from lot lines, measured from the center of the applicable component part of the commercial WECS the following minimum distances:

1,200 feet from off-site lot lines;

800 feet minimum from the high-water mark in any river or lake.

Abatement.

If any commercial WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant agrees that, without any further action by the Planning Board, the commercial WECS shall be decommissioned and removed at his own expense. Removal of the system shall include, at a minimum, the removal of the entire above ground structure, including transmission equipment and fencing, from the lot. This provision shall not apply if the applicant demonstrates to the Planning Board or Town Board that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after a public hearing.

Decommissioning bond/fund plan. The applicant, or successors, shall provide a continuously maintained fund or bond payable to the Town of Wilna in a form approved by the Town Attorney, for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town Board, for the period of the life of the facility or other plan acceptable to the Town Board. This fund or plan may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant. All decommissioning funding requirements shall be met prior to commencement of construction.

Agriculture and markets compliance. The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for WECS projects shall be adhered to both inside and outside of agricultural districts. Specific information is located at: https://agriculture.ny.gov/land-and-water/notice-intent-requirement, "Construction Projects Affecting Farmland."

Wildlife concern. The Planning Board shall determine the potential impact on important bird areas, as identified by the New York Audubon Society, other recognized habitats such as any nearby New York State wildlife management areas, and any locally recognized priority habitat areas such as those set aside for bats and any areas considered "sensitive," which may include, but not be limited to, areas such as bird conservation areas or areas covered under mitigation for species such as grassland birds; and at least 500 feet from state-identified wetlands. The setback of 1,250 feet from off-site lot lines may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land cover, land uses, and other factors that influence the flight patterns of resident birds.

Aviation compliance.

Commercial. WECS shall be built to comply with all applicable Federal Aviation Administration guidelines, including, but not limited to, 14 CFR Part 77, Subpart b, regarding installations close to airports, and the New York Aviation regulations. Evidence of compliance or non-applicability shall be submitted with the application.

Fort Drum. The applicant shall notify Fort Drum personnel in the Plans, Analysis, and Integration Office as soon as possible upon application submission to determine potential impacts on Fort Drum airfield and training activities. The applicant should provide a letter from Fort Drum with comments of the proposed tower.

Watertown International Airport. The applicant shall file a Notice of Proposed Construction or Alteration, FAA Form 7460 Airport Airspace Analysis, and notify the Airport Manager as soon as possible upon application submission to determine potential impacts on the airport. If warranted by the energy system type development proposed, the developer should complete studies of the potential impacts to landing facility traffic patterns, air navigation, and radar or instrument approach procedures.

Permit revocation; operation. A commercial WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a commercial WECS become inoperable, or should any part of the commercial WECS be damaged, or should a commercial WECS violate a permit condition, the owner or operator shall remedy the situation within 180 days after written notice from the Town Zoning Enforcement Officer to correct any deficiency. The Planning Board may extend the 180-day period for good cause shown.

§ 250-48 Wind measurement towers.

Wind site assessment is typically conducted using wind measurement towers (anemometer towers) to determine the wind speeds and the feasibility of using particular sites. No wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town except pursuant to a special use permit issued pursuant to local law.

Applications for wind measurement towers. An application for a wind measurement tower shall include:

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 (i) confirming that their property owner is familiar with the proposed applications(s) and (ii) authorizing the submission of the application.

Address of each proposed tower location, including Tax Map section, block, and lot number.

A site plan showing the location of the proposed wind measurement towers, lot lines, proposed and existing structures, setbacks from lot lines and access driveway.

Decommissioning plan, including a security bond for removal.

SEQR short or long EAF.

Standards for wind measurement towers.

The distance between a wind measurement tower and the lot line shall be at least one and a half times the total height of the tower. Sites can include more than one piece of property and the requirement shall apply to the combined properties as long as all properties are owned or leased by the developer of the wind measurement tower.

Special use permits for wind measurement towers may be issued for a period of up to 26 months. Permits may be renewed if the wind measurement tower is in compliance with the conditions of the special use permit. Such permit may be renewed at the discretion of the Planning Board.

Anchor points for any guy wires for a wind measurement tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground.

The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for wind power projects shall be adhered to for wind measurement towers located on land both inside and outside New York State certified agricultural districts.

§ 250-49 Solar energy systems.

Purpose. The purpose of these solar energy regulations are to advance and protect the public health, safety, and welfare of the Town of Wilna, including:

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and

Increasing employment and business development in the region by furthering the installation of solar energy systems.

Applicability. The requirements of this chapter shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair and building-integrated photovoltaic systems.

Roof-mounted solar energy systems.

Zoning permit. Roof-mounted solar energy systems that use the electricity on site or off site are permitted as accessory uses when attached to any lawfully permitted building or structure. A zoning permit shall be obtained through the Town of Wilna Zoning Enforcement Officer prior to installation.

Height. Roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:

Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

Roof-mounted structures shall be color-coordinated to harmonize with roof material and other dominant colors of the structure.

All solar collectors shall be installed so as to prevent any glare and heat that is perceptible beyond applicant property's lot lines.

Roof-mounted solar energy systems that increase the overall height of the structure by more than 18 inches shall require a special use permit by the Planning Board.

Small-scale/on-site solar energy systems.

Zoning permit. Small-scale/on-site solar energy systems are permitted as accessory structures. A zoning permit shall be obtained through the Town of Wilna Zoning Enforcement Officer prior to installation.

Height and setback. Small-scale/on-site solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt. They shall be set back at least 20 feet from side and rear lot lines. All solar collectors must be located in compliance with NYS Department of Environmental Conservation (DEC) and federal floodplain regulations and specifications as they pertain to waterways, water bodies, and designated wetlands.

All such systems shall be installed in the side or rear yards.

Glare. All solar collectors shall be installed so as to prevent any glare and heat that is perceptible beyond subject property's lot lines. Particular attention shall be paid to panel orientation with regard to airport runway locations, and airplane flyover/approach patterns to minimize potential glare impacts on pilots.

Large-scale solar energy systems.

Large-scale solar energy systems are allowed through the issuance of a special use permit subject to the requirements set forth in this section and § 250-56. Applications for the installation of large-scale solar energy systems shall be submitted to the Planning Board for its review and action, which can include approval, approval with conditions, and disapproval.

All large-scale solar energy systems shall be designed by a NYS licensed architect or licensed engineer and installed in conformance with the applicable International Building Code, International Fire Prevention Code and National Fire Protection Association (NFPA) 70 Standards.

All solar collectors must be located in compliance with DEC and federal floodplain regulations and specifications as they pertain to waterways, water bodies, and designated wetlands.

Application requirements for large-scale solar energy systems. The following items are required as well as those required in § 250-53.

If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

Plans showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

Glint and glare report is required to determine potential impacts to the Watertown International Airport and Wheeler-Sack Army Airfield.

Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, the applicant or any subsequent owner shall remove it. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.

Sureties/bond. The applicant shall be required to provide sureties, as set forth, for the removal of the large-scale solar energy system. Pursuant to the execution of the decommissioning plan, the applicant shall provide the Town with a bond in an amount determined by the Town Board, but in no case less than 20% of the component/material cost (adjusted for inflation 20 years into the future after installation) to cover the expense of removal of the system and remediation of the landscape, in the event the Town must remove the facility. The bond shall be in a form acceptable to the Town Attorney, which includes, but are not limited to, a letter of credit, perpetual bond, or any combination thereof. The amount shall be reviewed every three years by the Town Board and shall be adjusted if deemed necessary. If the bond is deemed to be adjusted, the applicant shall have 90 days from notice to provide an adjustment bond.

Watertown International Airport. The applicant shall notify the Airport Manager as soon as possible upon application submission to determine potential impacts on the airport. The applicant shall provide a letter from the Manager with comments.

Review standards for large-scale solar systems.

Height and setback. Large-scale solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt. Any structure and equipment shall be set back a minimum of 50 feet from lot lines.

Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of five acres.

Prime soils, prime if drained, and soils of statewide importance that are in agricultural production are a valuable and finite resource. Proposed large-scale solar systems shall minimize the displacement of prime soils that are in agricultural production. The site plan shall depict the location and extent of prime soils, prime soils if drained, soils of statewide importance, and indicate whether the parcel(s) is/are receiving an agricultural valuation. The site plan shall also depict the location and extent of current agricultural uses on the land (e.g., rotational crops, hay land, unimproved pasture, support lands, and fallow lands) the location of diversions and ditches, and areas where tile drainage has been installed.

Roadways. In accordance with National Fire Protection Association, all access roads shall be a minimum of 20 feet wide to ensure adequate emergency and service access. Dead-end roads that are at least 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. Maximum use of existing roads, public or private, shall be made. Minimal access points shall be allowed by the Planning Board. A turnaround shall be provided at the gate.

Structures for overhead collection lines are to be located upon the nonagricultural areas and along field edges where possible. Electric interconnect cables and transmission lines are to be buried in agricultural fields wherever practical. Interconnect cables and transmission lines installed above ground shall be located outside agricultural field boundaries. When aboveground cables and transmission lines must cross agricultural fields, taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable. All buried electric cables in cropland, hay land, and improved pasture shall have a minimum depth of 48 inches of cover. At no time is the depth of cover to be less than 24 inches below the soil surface.

Fences. All large-scale energy systems shall be enclosed by fencing to prevent unauthorized access. The type of fencing shall be determined by the Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.

Screening. All large-scale solar energy systems shall have the least visual effect practical, as determined by the Planning Board. Based on site specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties, public roads, and from public sites known to include important views or vistas, but screening should minimize the shading of solar collectors. No more than 15% of the total existing brush, trees, and other perimeter screening vegetation on a parcel of property may be removed in order to accommodate a solar farm. Appurtenant structures such as inverters, batteries, equipment shelters, storage facilities, and transformers shall be screened.

Signage. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except: manufacturer's or installer's identification; appropriate warning signs and placards; signs that may be required by a federal agency; and signs that provide a 24-hour emergency contact phone number and warn of any danger.

Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways. Exterior surfaces of all collectors and related equipment shall have a nonreflective finish. Particular attention shall be paid to panel orientation with regard to airport runway locations, and airplane flyover/approach patterns to minimize potential glare impacts on pilots based on the glint and glare study.

(j)

Noise. Noise-producing equipment such as substations and inverters shall be located to minimize noise impacts on adjacent properties. Their setback from property lines should achieve no discernible difference from existing noise levels at the property line.

(k)

Safety. The owner/operator shall provide a letter from the Fire Chief of the Carthage Fire Department that the Fire Department has reviewed the application and site plan with any comments. All means of shutting down the photovoltaic solar energy system shall be clearly marked on the site plan and building permit applications.

(l)

The Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

Abandonment and decommissioning. Solar energy systems are considered abandoned after 12 months without electrical energy generation and must be removed from the property. Applications for extensions are reviewed by the Planning Board for a period of six months. The site shall be restored to as natural a condition as possible within one year of removal.

Solar rights.

Pursuant to § 63 of New York Town Law, all parcels within the Town of Wilna shall be permitted to enjoy access to direct sunlight.