As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY FACILITIES OR EQUIPMENT
Any structure other than a wind turbine related to the use
and purpose of deriving, collecting or distributing energy from such
wind turbines, located on or associated with a wind energy conversion
system, small wind energy conversion system or wind measurement tower.
NACELLE
The covering or housing that holds the turbine.
PERMIT
A permit issued pursuant to this chapter granting the holder
the right to construct, maintain and operate a wind energy conversion
system or wind measurement tower.
PROPERTY LOT LINE
The perimeter lines of a separate parcel of land as appearing
on the tax rolls of the Town of North Collins.
PUBLIC ROAD
Any federal, state, county, city, Town or village road which
is open to the public, or any private road regularly used by multiple
persons for access to separate off-site parcels of land, access to
which is unrestricted by the owner(s) of such private road.
RESIDENCE
Any dwelling located off site which is suitable for habitation
on the date a permit application is received by the Town for a wind
energy conversion system, small wind energy conversion system or wind
measurement tower. A residence may be part of a single or multifamily
dwelling or multipurpose building and shall include buildings such
as hotels, motels, and day-care centers.
SETBACK AGREEMENT
Any agreement, contract, easement, covenant or right in land
which burdens land for the benefit of an applicant or permittee, such
that the burdened land is similar in character to land on which any
wind energy conversion system is situated. A setback agreement must
expressly release any right which the owner(s) of such burdened land
may have in the enforcement of this chapter, and acknowledge the applicable
requirements of this chapter. All setback agreements shall run with
the land and be publicly recorded in order to inform any potential
purchasers of such land of the same or at least for as long as any
permit issued under this chapter shall remain in effect. In the event
a setback agreement lapses prior to the full decommissioning of a
wind energy conversion system, small wind energy conversion system
or wind measurement tower, the previously burdened land shall be considered
off site and the applicant, permittee or owner of the same shall be
required to bring the project into compliance with the requirements
of this chapter.
SITE
The parcel(s) of land where a wind energy conversion system,
small wind energy conversion system or wind measurement tower is to
be placed. The site can be publicly or privately owned by an individual
or group of individuals controlling single or multiple adjacent parcels.
Where multiple lots are in joint ownership, the combined lots shall
be considered as one for purposes of applying setback requirements.
Any property which has a utility-scale wind energy conversion system,
small wind energy conversion system or wind measurement tower or has
entered an agreement for said facility or a setback agreement shall
not be considered as "off site."
SMALL-SCALE WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system consisting of a wind turbine,
a tower, and/or associated control or conversion electronics and electrical
collection and distribution equipment, and accessory facilities or
equipment, which has a nameplate capacity of not more than 100 kilowatts.
TOTAL HEIGHT
The highest point above ground level of any improvement related
to a utility-scale wind energy conversion system, small wind energy
conversion system or wind measurement tower. Total height as applied
to wind turbines shall include the highest point of any wind turbine
blade above the tower.
UTILITY-SCALE WIND ENERGY CONVERSION SYSTEM
Any wind turbine or array of wind turbines designed to deliver
electricity to the power grid for sale with a combined production
capacity of more than 100 kilowatts of energy, including all related
infrastructure, electrical collection and distribution lines and substations,
access roads and accessory structures, including accessory facilities
or equipment.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and direction.
WIND TURBINE
A wind energy conversion system consisting of a tower, nacelle
and associated control or conversion electronics and equipment contained
within or atop the tower together with associated control or conversion
electronics and equipment.
Any WECS which shall have one or more turbines taller than 150
feet as measured from the surface of the ground at the base of the
tower to the apex of the blade, and/or whose maximum combined output,
as shown by the manufacturer's rated capacity, exceeds 10 kW
per hour, shall be required to comply with the regulations for utility-scale
wind energy conversion systems.
A. Utility-scale WECS application process.
(1) Wind energy permit and building permit required.
(a)
Prior to construction of any utility-scale WECS, the applicant
shall first obtain a site plan recommendation from the North Collins
Planning Board of the Town of North Collins, a building permit from
the Town's Code Enforcement Officer, and, finally, a wind energy
permit from the North Collins Town Board.
(b)
All applications shall be initially presented to the Town Code
Enforcement Officer who shall review the application to ensure it
is complete. The Code Enforcement Officer shall then present the application
to the Town Board at the next scheduled Board meeting. Upon initial
review by the Town Board, the application shall be referred to the
Planning Board for a site plan recommendation and overall recommendation(s)
on the application. Upon receipt of the site plan approval and recommendation(s)
of the Planning Board, the Town Board shall then schedule a public
hearing which shall be held within 60 days after receipt of the Planning
Board's recommendation(s). At the conclusion of all public hearings
on the application, the Town Board shall vote upon issuance of a wind
energy permit to the applicant.
(2) Application materials. All applications for a utility-scale WECS
wind energy permit shall include the following information ("initial
application materials"):
(a)
Name and address of applicant.
(b)
Evidence that the applicant is the lawful owner of any private
property upon which the WECS is proposed to be constructed (the "site")
or has written permission from the owner to make such application.
(c)
A proposed site plan in sufficient detail to show the following:
[1]
Location of the tower(s) on the site including tower height,
blade size and height, rotor diameter and ground clearance.
[2]
Utility lines (above and below the ground).
[3]
Property lot lines and the location and dimensions of all existing
structures and uses on the site within 1,500 feet of the WECS.
[4]
Surrounding land use and all off-site structures within 1,500
feet of the WECS.
[5]
Description of the structural components of the tower construction,
including the base and footing as well as all related structures.
[6]
Existing topography, including bodies of water.
[7]
Proposed plan for grading and removal of natural vegetation.
(d)
SEQRA full environmental assessment form.
(e)
Such additional information as may be required by the Town for
an adequate review of the proposed project.
(f)
The Town may, upon request of the applicant, and for good cause
demonstrated by the applicant, determine that not all of the above
materials are necessary for a particular proposed project.
(3) Subsequent application materials. Upon receipt of the above initial
application materials, the Town Planning Board may determine if the
proposed project concept may be appropriate based upon the materials
submitted. Such screening determination shall not constitute an approval
of the project nor bind the Town to eventual approval of the project.
In the course of its review and recommendation process, if the Planning
Board determines it to be helpful, the Planning Board may provide
further direction to the applicant on the methodologies and parameters
of further studies to be provided including:
(a)
Proposed plan for site restoration after construction, prepared
according to the New York State Department of Agriculture and Markets
and the New York State Department of Environmental Conservation guidelines.
(b)
Plan for ingress and egress to the proposed project site, including
a description of the access route from the nearest roadway; road surface
materials to be used; width and length of access route; dust-control
procedures during construction and transportation, and road maintenance
schedule or program.
(c)
Detailed construction plans, including, but not limited to,
construction schedule; hours of operation; designation of heavy haul
routes en route to the project site; lists of materials and equipment
and loads to be transported; identification of temporary facilities
to be constructed; and the contact representative in the field with
his/her name and phone number.
(d)
Erosion and sediment control plan.
(e)
Specific information on the type, size, height, rotor material,
rated power output, performance, safety and noise characteristics
of each utility-scale wind turbine model, tower and electrical transmission
equipment.
(f)
Photographs and/or detailed drawings of each wind turbine model
including the tower and foundation.
(g)
Visual assessment, including a detailed or photographic simulation
showing the site fully developed with all proposed wind turbines and
accessory structures from the nearest public highway and residence.
(h)
A noise analysis shall be furnished which shall include the
following:
[1]
A description and map of the project's noise-producing
features, including the range of noise levels expected and the tonal
and frequency characteristics expected. The noise report shall include
low-frequency, infra sound, pure tone and repetitive/impulsive sound.
[2]
A description and map of the noise-sensitive environment, including
any sensitive noise receptors which shall include residences, churches,
farms, barns and similar structures within 2,000 feet from the site.
[3]
A survey and report prepared by a qualified professional that
analyzes the preexisting ambient sound levels on the site compared
with the ambient sound levels on the site following construction of
the WECS.
[4]
A description and map showing the potential noise impacts including
estimates of noise impacts from both construction and operation and
estimates of expected noise levels at sensitive receptor locations.
[5]
A description of the project's proposed noise-control features
including measures proposed to protect workers and measures proposed
to mitigate noise impacts for sensitive receptors.
[6]
The manufacturer's noise design and field testing data,
both audible (dBA) and low frequency (deep bass vibration) for all
proposed structures.
(i)
A geotechnical report which shall include information relative
to soils and geologic characteristics evidencing assessment of the
soil suitability for the construction of the proposed WECS; foundation
criteria for all proposed structures; slope stability analysis and
grading criteria for ground preparation, cuts and fills, and soil
compaction.
(j)
Engineering report prepared by a New York licensed professional
engineer providing relevant information regarding the following potential
risks. The report shall be used to determine the adequacy of setbacks
from the property line to mitigate any effects from potential ice
throw, tower failure or blade throw issues.
[1]
Ice throw calculations: a report that calculates the maximum
distance that ice from the turbine blades could be thrown and the
potential risk assessment for nearby inhabitants and structures.
[2]
Blade throw calculations: a report that calculates the maximum
distance that pieces of the turbine blades could be thrown and the
potential risk assessment for nearby inhabitants and structures.
[3]
Fall zone: a report noting any rail lines, public trails and
parks within the project site and fall zones, including existing structures.
[4]
Catastrophic tower failure: a report from the turbine manufacturer
stating the wind speed and conditions that the turbine is designed
to withstand and the potential risk assessment for nearby inhabitants
and structures.
[5]
Certificate by licensed New York State professional engineer
that the tower's design is sufficient to withstand any generally
acceptable wind-loading requirements for structures including as established
by the New York State Building Code.
(k)
Lighting plan. The applicant shall submit a lighting plan that
describes all lighting that will be required, including any lighting
that may be required by the FAA. Such plan shall include the planned
number and location of all lights, light color and whether any such
lights will be flashing and mitigation measures planned to control
the light so that it does not spill over onto neighboring properties.
(l)
Shadow flicker study. The applicant shall conduct a study on
potential shadow flicker. The study shall identify locations where
shadow flicker may be caused by the WECS and the expected durations
of the flicker at these locations. The study shall identify areas
where shadow flicker may interfere with residences and describe measures
that shall be taken to eliminate or mitigate the problem.
(m)
Study of potential impacts to birds and bats using methodology
approved by the NYSDEC or other agencies acceptable to the Town.
(n)
Decommissioning and site restoration plan.
(o)
FAA notification: a copy of written notification to the Federal
Aviation Administration.
(p)
Utility notification: utility and NYISO interconnection data
and a copy of a written notification to the utility or NYISO of the
proposed interconnection.
(q)
Study of electromagnetic interference with microwave or other
communications or broadcast sources. An application that includes
any wind turbine which is located within two miles of any microwave
communications link shall be accompanied by a study which identifies
any potential impact on microwave or other communications or broadcast
services and shall describe all measures that shall be taken to eliminate
or mitigate any problems.
(r)
Other information: such additional information as may be required
by the Town for an adequate assessment of the proposed project. Such
information may include a detailed property value study of the surrounding
areas.
(s)
The Town may determine that all or not all of these application
materials are necessary for a particular proposed project.
(4) SEQRA review. Pursuant to the New York State Environmental Quality
Review Act, the Town may hire consultants to assist the Town in its
review of the potential impacts of a proposed utility-scale WECS project.
The Town will require that a sum sufficient to reimburse the Town
for these expenses be deposited into an escrow account to be held
by the Town upon execution of an escrow agreement providing that the
funds will be used for such purpose as negotiated between the Town
and the project applicant.
(5) Application fee. Prior to the Town undertaking a review of the initial application materials, the applicant shall deposit with the Town Clerk a sum representing a combined fee for site plan review, building permit application and wind energy permit. The amount of the fee shall be established by resolution of the Town Board from time to time, as set forth in the official schedule of fees of the Town of North Collins. In setting such fee, the Town Board shall consider a reasonable estimation by the Town of the personnel costs, public notice provisions, professional engineering, legal and other expenses that may be incurred by the Town in processing the application. The fee shall be nonrefundable and shall be in addition to any escrow amount under Subsection
A(4) above and also in addition to any amounts allowed by 6 NYCRR 617 et seq.
B. Standards of operation. The Town shall use the following criteria
to evaluate all utility-scale wind energy conversion systems:
(1) Setbacks. All utility-scale WECS shall comply with the following
setback provisions:
(a)
All wind turbines and towers shall be set back from property
lines a minimum of 1,500 feet or 3.25 times the height of the tower,
including the tip of the blade, whichever is greater, excluding adjoining
lot lines where both are part of the proposed project.
(b)
All wind turbines and towers shall be set back from all existing
buildings and structures, or any buildings or structures for which
a building permit has been issued, a minimum of 1,500 feet or 3.25
times the height of the tower, including the tip of the blade, whichever
is greater. The Town may, in its discretion, exempt buildings which
are not meant for regular human or animal occupancy such as tool sheds
and storage barns and similar structures.
(c)
All wind turbines and towers shall be set back from any public
road right-of-way a minimum of 750 feet or 1.5 times the height of
the tower, including the tip of the blade, whichever is greater.
(d)
The Town Planning Board, as part of its review, may, in individual
cases, waive or amend any of the setback provisions upon a factual
finding that the setbacks are not required for specific turbines or
towers in order to achieve the goals of this chapter to protect neighboring
property owners from unreasonable interference with the quiet use
and enjoyment of neighboring or nearby properties. Such waiver shall
include a written finding by the Town Planning Board for the factual
basis for providing such a waiver or amendment of any setback. This
waiver process shall not require the Zoning Board of Appeals approval,
but rather, shall be treated as part of the application review and
recommendation process before the Town Planning Board.
(2) Noise. All utility-scale WECS applications shall require the applicant to demonstrate that the proposed project complies with the following noise requirements. In order to enable the Town to make this determination, the applicant shall submit the noise assessment required in Subsection
A(3)(h).
(a)
Audible noise standards.
[1]
Audible noise due to wind turbine operations shall not exceed
45 dBA for more than five minutes out of any one-hour time period
nor exceed 50 dBA for any time period, at any property line of any
lots which are part of the proposed project site.
[2]
The sound level from the operation of a utility-scale WECS shall
not increase by more than three dBA the nighttime or daytime ambient
sound level at any sensitive noise receptors (e.g., residences, libraries,
schools, places of worship and similar facilities), within 1,500 feet
or 3.25 times the height of the proposed turbine, whichever is greater.
(b)
Low-frequency noise. A utility-scale WECS shall not be operated
so that impulsive sound below 20 Hz affects the habitability or use
of any sensitive noise receptor.
(c)
Noise setbacks. The Town may impose a noise setback that exceeds
the other setbacks set for this section if it deems that such greater
setbacks are necessary to protect the public health, safety and welfare
of the community.
(d)
Within one year after the commencement of commercial operations,
the project proponent shall submit a noise study of operational conditions
to ensure that the project is in compliance with the standards of
this section. The study shall be based upon receptor points identified
during the application review process. In addition to this initial
noise study, the Town may require periodic additional noise studies.
(3) Noise and setback easements. In the event that a utility-scale WECS does not meet a setback requirement or exceeds the noise criteria above, the Town Board may grant a waiver of the setback and/or noise criteria [except for the setback requirement of Subsection
B(1)(a) in the following circumstances:
(a)
Written consent from the affected property owners is presented
to the Town stating they are aware of the WECS and the noise and/or
setback limitations contained in the law and that they grant consent
to allow noise and/or setback provisions which exceed the limits otherwise
allowable or required; and
(b)
In order to advise all subsequent owners of the burdened property,
the consent, in the form required for a written easement agreement,
shall be recorded in the Erie County Clerk's office within 30
days after issuance of the wind energy permit describing the benefited
and burdened properties. Such easements shall be permanent and shall
state that they may not be revoked without the consent of the burdened
property owner(s) and the Town, which consent may be granted upon
the decommissioning of the benefited WECS in accord with this chapter
or the acquisition of the burdened parcel by the owner of the benefited
parcel or the WECS.
(4) Interference with television, microwave and radio reception. The
applicant shall submit information that the proposed construction
of the utility-scale WECS will not cause interference with microwave
transmissions, cellular transmissions, residential television interference
or radio reception of domestic or foreign signals. The applicant shall
include specific measures proposed to prevent interference and a complaint
procedure and specific measures proposed to mitigate interference
impacts.
(5) Interference with aviation and aviation navigational systems.
(a)
The applicant shall provide documentation that the proposed
WECS will not cause interference with the operation of any aviation
facility.
(b)
The applicant shall provide documentation that the proposed
WECS complies with all Federal Aviation Administration (FAA) regulations.
(c)
Locking mechanisms to limit radar interference required. All
utility-scale WECS shall include a locking mechanism designed to prevent
the blades from rotating when not producing power in order to limit
airport radar interference. This provision does not apply while the
WECS is free wheeling during start-up and shutdown. The Town may modify
or eliminate the requirement for a locking mechanism if sufficient
evidence is presented that no significant airport radar interference
will be caused by the proposed utility-scale WECS.
(6) Safety and security requirements.
(a)
Safety shutdown. Each wind turbine shall be equipped with both
manual and automatic controls to limit the rotational speed of the
blade within the design limits of the rotor. A manual electrical and/or
overspeed-shutdown-disconnect switches shall be provided and clearly
labeled on the wind turbine structure. 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.
(b)
Grounding. All structures shall be grounded according to applicable
electrical codes.
(c)
Wiring. All wiring between the wind turbines and the WECS substation
shall be placed underground unless the Town determines this would
not be prudent or practicable due to site-specific constraints. The
application shall include site plan drawings showing the locations
of all overhead and underground electric utility lines including substations
for the project.
(d)
Ground clearance. The blade tip of any wind turbine shall have
ground clearance of not less than 50 feet.
(e)
Climbability. Wind turbine towers shall not be climbable up
to 25 feet above ground level.
(f)
Access doors locked. All access doors to wind turbine towers
and electrical equipment shall be lockable and shall remain locked
at all times when operator personnel are not present.
(g)
Signage. Appropriate warning signage shall be placed on wind
turbine towers, electrical equipment and WECS entrances. Signage shall
include two twenty-four-hour emergency contact numbers to the owner
of the wind turbine in accordance with state and federal codes.
(7) Ice throw. The Town Board shall determine the acceptable ice throw
range based upon the activities in the area, location and calculations
of ice throw. The Board shall review, but not be bound by, the calculations
and information presented by the applicant herein.
(8) Fire hazard protection. The applicant shall submit a fire control
and prevention program that is appropriate and adequate for the proposed
facility. The proposed program may include the following: fireproof
or fire-resistant building materials; buffers or fire-retardant landscaping;
availability of water; an automatic fire extinguishing system for
all buildings or equipment enclosures containing control panels, switching
equipment or transmission equipment; provision of training and fire-fighting
equipment for local fire protection personnel and/or other emergency
responders.
(9) Impact on wildlife and habitat. Development and operation of a utility-scale
WECS shall be evaluated for any significant adverse impact on endangered
or threatened wildlife or plant species or their critical habitats
based upon criteria established by the federal or state regulatory
agencies and as determined by the Town during the SEQRA review.
(10)
Visual impacts.
(a)
No advertising sign or logo, unrelated to the WECS itself, shall
be placed or painted on any part of any utility-scale WECS.
(b)
Wind turbines shall be painted an unobtrusive (e.g., white,
gray or beige) color that is nonreflective. In order to reduce any
daytime lighting requirements by the FAA, the Town Board may require
consultation with the FAA to determine appropriate color and/or lighting
requirements.
(c)
When more than one wind turbine is proposed, the project shall
use wind turbines whose appearance is similar throughout the project
to provide reasonable uniformity in terms of overall size, geometry
and rotational speed.
(d)
Unless required by the FAA or by the Town, no lighting shall
be installed on the WECS turbine or tower except for ground level
security lighting.
(11)
Shadow flicker. The WECS shall be designed such that the project
shall minimize shadow flicker onto adjacent existing residences. Mitigation
measures, which may include landscaping, shall be incorporated into
any site plan and/or wind energy permit approval. The required shadow
flicker study shall identify areas where shadow flicker may interfere
with residences and describe measures that shall be taken to eliminate
or minimize the problem.
C. Decommissioning and site restoration plan and bond.
(1) The applicant shall submit a decommissioning and site restoration
plan, including cost estimate, to the Town for its review and approval
prior to the approval of any wind energy permit. The restoration plan
shall identify the specific properties it applies to and shall indicate
removal of all buildings, structures, wind turbines, hazardous materials,
access roads and/or driveways and foundations to 3.5 feet below finish
grade including all above and below ground improvements and equipment,
foundations, and structures including but not limited to substations,
buildings, cabling, electrical components, security barriers, roads,
foundations, pilings, and other associated facilities, so that any
ground is again tillable and suitable for agricultural use. Road repair
costs, if any shall be indicated, and all revegetation necessary to
return the subject property to the condition existing prior to the
installation of the WECS. The restoration plan shall reflect the site-specific
character, including topography, vegetation, drainage and any other
unique environmental features. The plan shall include a detailed estimate
of the total cost (by element) of implementing the removal and restoration
plan. The decommissioning plan shall include information regarding
the anticipated life of the project.
(2) As a condition of permit approval, the Town shall require the project
sponsor to execute and file with the Town Clerk a bond or other acceptable
form of security in an amount sufficient to ensure the faithful performance
of the removal of the WECS and the restoration of the site to original
condition in accord with the decommissioning and site restoration
plan. Security shall cover the full decommissioning costs without
recoverable costs from salvage value; applicant to include anticipated
salvage value, but this shall not be factored into the decommissioning
costs. Any remaining security available after full removal and restoration
of the site, to the satisfaction of the Town, will be returned to
the applicant or any subsequent owner.
(3) Proof of said decommissioning and site restoration bond shall be
provided to the Town on an annual basis. The bond amount shall be
increased each year to account for inflationary costs. The sufficiency
of such bond shall be confirmed at least every five years by analysis
and report of the cost of removal and site restoration. Such report
shall be procured by the sponsor and filed with the Town every five
years. If the report demonstrates that the amount of the bond is insufficient,
the bond amount shall be increased to the amount necessary to cover
such cost within 10 days after the applicant's receipt of such
report and the increased bond shall be filed with the Town Clerk.
(4) All bond requirements shall be fully funded before a building permit
is issued.
(5) The decommissioning and site restoration bond shall be in effect
for the entire duration of the permit.
(6) The applicant and his/her successors or assigns in interest, shall
maintain the required bond funds for the duration of the wind energy
permit.
(7) The Town should retain the sole right to determine that the site
has been fully decommissioned. Any costs borne by the Town in making
this determination should be passed on to the project developer. The
project developer should be fully responsible for any removal costs
which exceed the decommissioning bond.
D. Road bond.
(1) Construction of WECS poses risk of damage to local roads due to the
large size of construction and transport vehicles and their impact
upon roads and traffic safety. Construction and delivery vehicles
shall use traffic routes established as part of the application review
process. Factors in establishing such corridors shall include minimizing
traffic impacts from construction and delivery vehicles; minimizing
WECS-related traffic during times of school bus activity; minimizing
wear and tear upon local roads and minimizing impact upon local traffic
and business operations. Permit conditions may be imposed upon WECS
to specific or limited routes.
(2) The applicant shall be responsible for remediation of damage to public
roads caused by WECS-related traffic after completion of the installation
of the WECS. To ensure that this remediation occurs, prior to issuance
of a building permit, the sponsor shall post a public improvement
bond in an amount determined by the Town to be sufficient to repair
any damage that may occur to local roads during the construction phase
of the project. The Town Attorney shall approve the form of the bond.
(3) In the event that any post-construction maintenance or replacement
of WECS components which could affect local roads is necessary, the
project sponsor shall notify the Town and a new bond for any potential
damage related thereto shall be posted.
E. Certifications. The applicant shall provide the following certifications
as part of the application. Said certifications shall certify compliance
with good engineering practices and shall be provided prior to issuance
of the wind energy permit:
(1) Certification of structural components. The foundation, tower and
compatibility of the tower with the rotor and related equipment shall
be certified in writing by a structural engineer licensed in New York.
This certification shall be provided to the Town Code Enforcement
Officer and shall be maintained in a permanent file.
(2) Certification of electrical systems. The electrical system shall
be certified by a licensed electrical engineer in New York. The engineer
shall certify compliance with good engineering practices and with
the appropriate provisions of the electrical code that has been adopted
by New York State. This certification shall be provided to the Town
Code Enforcement Officer and shall be maintained in a permanent file.
(3) Certification of rotor overspeed control. The rotor overspeed control
system shall be certified by a licensed New York mechanical engineer.
This certification shall be provided to the Town Code Enforcement
Officer and shall be maintained in a permanent file.
(4) Certification of seismic design. The applicant shall provide post-construction
certification from a licensed New York engineer that the design and
construction of the WECS protects against anticipated seismic hazards.
This certification shall be provided to the Town Code Enforcement
Officer and shall be maintained in a permanent file.
(5) Post-construction certification. After completion of construction
of the WECS, the applicant shall provide a post-construction certification
from a New York licensed engineer that the project complies with applicable
codes and industry practices and has been complete according to design
plans. This certification shall be provided to the Town Code Enforcement
Officer and shall be maintained in a permanent file.
F. Liability insurance. Prior to issuance of the building permit, the
project sponsor shall provide proof in the form of an insurance certificate
or policy issued by an insurance company, that liability insurance
has been obtained to cover damage or injury which may result from
the failure of the tower, turbine or other components of the WECS.
Such insurance policy shall provide coverage of not less than $5,000,000
and shall name the property owner and the Town of North Collins as
an additional named insured. Upon request, the sponsor shall provide
updated proofs of coverage to the Town on any WECS constructed on
Town property or Town rights-of-way.
G. Transfer of ownership.
(1) If ownership of the WECS facility, or ownership of the underlying
land upon which the WECS facility is located, should change hands,
the original holder of the wind energy permit, and subsequent owners,
shall provide notification to the Town Clerk 90 days' prior to
the change of ownership.
(2) The new owner of the WECS facility shall present proof to the Town
Clerk prior to taking ownership that the required bonds and insurance
policies remain in full force and effect. The new owner shall provide
a written statement to the Town Clerk that he/she is aware of the
conditions and requirements of the wind energy permit which continue
to govern the operation of the facility.
H. Inspections. Unless waived by the Town Board, wind turbines or towers
over 150 feet in height shall be inspected by a New York State licensed
engineer annually or at any other time upon request by the Town's
Code Enforcement Officer that the wind turbine, tower or pole may
have sustained structural damage. A copy of the inspection report
shall be submitted to the Town's Code Enforcement Officer. Any
fee or expense associated with this inspection shall be borne by the
permit holder.
I. Permit revocation.
(1) A 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 all other standards
and requirements of this chapter and the wind energy permit conditions.
(2) Should a WECS become inoperative or should any part of the WECS be
damaged or become unsafe or should a WECS violate a permit condition,
the owner/operator shall remedy the situation within 90 days after
written notice from the Code Enforcement Officer. Upon request, the
Code Enforcement Officer may extend this period for an additional
90 days.
(3) Upon notice from the Code Enforcement Officer that the WECS is not repaired or made operational or otherwise not in compliance with the permit conditions, and the time frame provided in Subsection
I(2) above has expired, the Town Board may hold a public hearing at which both the public and operator/owner are provided the opportunity to be heard and present evidence, including a plan to bring the WECS into compliance. Following the close of the public hearing, the Town Board may either order compliance within a reasonable time frame; or revoke the wind energy permit and order the removal of the WECS to commence within 90 days and the site remediation pursuant to the approved decommissioning and site restoration plan.
J. Decommissioning.
(1) Nonfunctional and/or inoperative utility-scale WECS defined.
(a)
If any utility-scale WECS, or turbines remain nonfunctional
or inoperative for a continuous period of one year, the permit holder
shall remove the WECS at the permit holder's own expense and
restore the site, in accordance with the approved decommissioning
and site restoration plan. A utility-scale WECS shall be deemed nonfunctional
and/or inoperative if it has not generated 20% of its original capacity
of commercial power within the preceding 12 months.
(b)
The Code Enforcement Officer may request that the applicant
periodically submit documentation reporting the power output generated
by the WECS.
(2) Use of decommissioning bond.
(a)
Any nonfunctional or inoperative utility-scale WECS, or any
utility-scale WECS for which the permit has been revoked, shall be
removed from the site and the site restored in accordance with the
approved decommissioning and site restoration plan within 90 days
of the date on which the facility becomes nonfunctional or inoperative,
as defined above, or of the revocation of the permit.
(b)
If removal of the WECS is required and the applicant, permittee
or successors fail to remove the WECS and restore the site in accordance
with the approved decommissioning and site restoration plan, the permit
holder by accepting the permit authorizes the Town Board to contract
for such removal and restoration and to pay for the removal and restoration
from the posted decommissioning and site restoration bond.
(c)
If the bond is not sufficient, the Town shall charge the permit
holder for the costs over and above the amount of the bond.
K. Town Board action. Upon receipt of the Planning Board site plan approval
and recommendation(s) upon the application, the Town Board shall hold
a public hearing on the application. Upon completion of all public
hearings, the Town Board may grant the wind energy permit, deny the
wind energy permit or grant the wind energy permit with written stated
conditions. Denial of the wind energy permit shall be in written form
containing a decision based upon substantial evidence submitted to
the Town. Upon issuance of the wind energy permit, the applicant shall
obtain a building permit for each structure as required. Prior to
issuing a wind energy permit for a utility-scale WECS, the Town Board
shall make all of the following findings:
(1) The proposed utility-scale WECS project is consistent with the laws
of the Town of North Collins.
(2) The proposed utility-scale WECS project will not unreasonably interfere
with the orderly land use and master development plans of the Town
of North Collins.
(3) The benefits to the applicant and the public of the proposed utility-scale
WECS project will exceed any burdens to the Town and residents therein.
(4) That the proposed utility-scale WECS project will not be detrimental
to the public health, safety or welfare of the community.
L. Amendments to approved use permit. Any changes or alterations to
the WECS, after approval of the wind energy permit and site plan,
other than routine repair or maintenance of the original towers and
turbines installed, shall require amendment to the wind energy permit.
Such amendment shall only be made in the discretion of the Town Board
after a public hearing. The amendment shall be subject to all of the
requirements of this section and any additional requirements reasonably
related to the changes or alterations.
M. Host community agreement. All wind energy permits allowed under this
chapter will be conditioned on the approval by the Town Board of a
host community agreement to be negotiated between the Town and the
applicant.
Any WECS which shall have only one turbine and such turbine
shall not be taller than 155 feet as measured from the base of the
pole at the surface of the ground to the apex of the blade, and or
whose maximum combined output, as shown by the manufacturer's
rated capacity, shall not exceed 10 kW shall be required to comply
with the regulations for small-scale wind energy conversion systems.
A WECS whose capacity is between 10 kW and 100 kWh and/or has a proposed
height between 155 feet and 200 feet, may apply for permission to
be treated as a small-scale WECS for purposes of this application
process for a wind energy permit under this section, provided that
such WECS exceeding 155 feet must obtain a height variance and to
be approved by the Planning Board.
A. Application process.
(1) Prior to any construction of any small-scale wind energy conversion
system, the project proponent shall obtain a site plan approval from
the Town of North Collins Planning Board, a building permit from the
Town's Code Enforcement Officer, and a wind energy permit from
the North Collins Town Board.
(2) All applications shall be initially presented to the Town Board by
the Code Enforcement Officer. Upon initial review by the Town Board,
the application shall be referred to the Town Planning Board for a
site plan approval and overall recommendation(s) on the application.
Upon receipt of the site plan approval and recommendation(s) of the
Planning Board, the Town Board shall then schedule a public hearing
which shall be held within 60 days after receipt of the Planning Board's
recommendations. At the conclusion of all public hearings on the application,
the Town Board shall vote upon issuance of a wind energy permit to
the applicant.
(a)
All applications for small-scale WECS wind energy permit shall
include the following information:
[1]
Name and address of the applicant.
[2]
Evidence that the applicant is the owner of the property involved
or has the written permission of the owner to make such application.
[3]
A site plan drawing or diagram drawn in sufficient detail to
show the following:
[a] Location of the proposed tower on the site and
the tower height, including blades, rotor diameter and ground clearance.
[b] Property lot lines and the location and dimensions
of all existing structures and uses on site within 300 feet of the
wind energy conversion system.
[c] Dimensional representation of the various structural
components of the tower construction, including the base and footing.
[d] Compliance with current version of AWEA standards
for small wind energy systems, and utilizing a small wind energy conversion
system on the current list of ITAC-certified wind turbines.
[4]
Evidence that the proposed tower height does not exceed the
height recommended by the manufacturer or the distributor of the system.
[5]
Turbine information: specific information on the type, size,
height, rotor material, rated power output, performance, safety and
noise characteristics of the wind turbine and tower.
[6]
Sufficient information demonstrating the system will be used
primarily to reduce on-site consumption of electricity from the public
electrical grid. Remote net metering shall be allowed if all locations
("host" and "satellite") are geographically within North Collins.
[7]
Written evidence that the electric utility service provider
that serves the proposed site has been informed of the applicant's
intent to install an interconnected, customer-owned electricity generator,
unless the applicant does not plan, and so states in the application,
to connect the system to the electricity grid.
[8]
Environmental assessment form (short form) pursuant to 6 NYCRR
617.
[9]
Such additional information as may be reasonably requested by
the Town Board for a complete understanding of the proposed project.
[10]
The Town Board may determine that not all of these requirements
are necessary for a particular proposed project.
[11]
A permit fee, in an amount as established by the Town Board
from time to time.
B. Permit issued by the Town Board. Pursuant to the procedures and standards
contained in this subsection, the Town Board may issue a wind energy
permit to allow a small-scale WECS where the maximum turbine output,
as shown by the manufacturer's rated capacity, exceeds 10 kW
per hour, but does not exceed 100 kW per hour.
C. Application requirements. An applicant for a small-scale WECS that
has an output exceeding 10 kW per hour but less than 100 kW per hour
shall apply to the Town Board for a wind energy permit. Application
material shall include:
(1) All the information listed in Subsection
A above.
(2) An environmental assessment form (short form) pursuant to 6 NYCRR
617.
(3) Any additional information that may be reasonably required by the
Town Board for an understanding of the project.
D. Application review. The Code Enforcement Officer shall review the
application for compliance with the required conditions and the concerns
set forth in this part. When the application is complete, the Code
Enforcement Officer shall present the same to the Town Board for initial
review. Upon initial review by the Town Board, the application shall
be referred to the Town Planning Board for a site plan approval and
overall recommendation(s) on the application. Upon receipt of the
site plan approval and recommendation(s) of the Planning Board, the
Town Board shall then schedule a public hearing which shall be held
within 60 days after receipt of the Planning Board's recommendations.
At the conclusion of all public hearings on the application, the Town
Board shall vote upon issuance of a wind energy permit to the applicant.
Standards for small-scale WECS:
(1) Minimum lot size. A small-scale WECS shall be located on a lot that
is a minimum of five acres in size.
(2) Significant ridgelines. A WECS shall not be located on any ridgeline
designated as "significant" on the Town of North Collins Map.
(3) Only one small-scale WECS shall be allowed per prime lot. The system
shall be primarily used to reduce the on-site consumption of electricity.
Remote net metering shall be allowed if all locations ("host" and
"satellite") are geographically located within North Collins.
(4) Height. The turbine, measured to the apex of the blade, is not taller
than 155 feet.
(5) Capacity. The maximum turbine output, as shown by the manufacturer's
rated capacity, shall not exceed 100 kW.
(6) Setbacks. All components of the small-scale WECS shall be set back
a minimum of 1.5 times the total height of the WECS from:
(a)
Any residence in existence at the time the application is made,
except for the residence on the owner's lot.
(b)
Property lines of the site on which the structure is located.
(c)
The right-of-way of public roads.
(7) Visual impact. In order to reduce visual impact, the WECS shall be
painted a nonreflective, unobtrusive color that blends the system
and its components into the surrounding landscape to the greatest
extent possible.
(8) Lighting. Exterior lighting on any structure associated with the
system shall not be allowed, except lighting that is specifically
required by the Federal Aviation Administration (FAA).
(9) Signage. No advertising sign or logo unrelated to the WECS itself,
shall be placed or painted on any turbine or tower. The Town Board
may allow the placement of the manufacturer's logo on a ground-level
structure in an unobtrusive manner.
(10)
Safety and security requirements. All small-scale WECS shall
adhere to the following safety and security requirements:
(a)
Safety shutdown. Each wind turbine shall be equipped with both
manual and automatic controls to limit the rotational speed of the
blade within the design limits of the rotor. The conformance of rotor
and overspeed control design and fabrication with good engineering
practices shall be certified by the manufacturer.
(b)
Grounding. All structures which may be charged by lightning
shall be grounded according to applicable electrical codes.
(c)
Wiring. All wiring associated with the WECS system shall be
installed underground within the fall zone. This standard may be modified
by the Town Board if the terrain is determined to be unsuitable due
to reasons of excessive grading, biological impacts or similar forces.
(d)
Ground clearance. The blade tip of any turbine shall, at its
lowest point, have ground clearance of not less than 30 feet.
(e)
Climbability. Wind turbine towers shall not be climbable up
to 15 feet above ground level and/or other appropriate methods of
access control shall be provided.
(f)
Anchor points for guy wires. Anchor points for any guy wires
for a system tower shall be located on 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 to
the ground 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. The minimum setback for the guy wire anchors shall be
10 feet from the property boundary.
(g)
Signage. Appropriate warning signage shall be placed on wind
turbine towers and electrical equipment. Signage shall also include
one twenty-four-hour emergency contact number to the owner of the
wind turbine, as well as signage warning of electrical shock or high
voltage and harm from revolving machinery.
(11)
Compliance with regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county and local agencies having jurisdiction related
to the construction of the small-scale WECS. If all such approvals
have not been received at the time that the Town Board considers the
application for a permit, receipt of these other agency approvals
shall be a condition to be completed prior to the issuance of a building
permit.
(12)
Noise standard.
(a)
Audible noise standard. Wind turbine operations shall not cause
the noise level at the boundary of the proposed project site to exceed
45 dB(A) for any time period at the nearest property line. If the
ambient noise level in the vicinity of the WECS already exceeds this
standard, the operation of the WECS shall not increase the nighttime
or daytime ambient sound level at an adjacent residence by more than
three dB(A).
(b)
Low-frequency noise. A small-scale WECS shall not be operated
so that impulsive sound below 20 Hz adversely affects the habitability
or use of any dwelling unit, hospital, school, library, nursing home
or other sensitive noise receptor.
(13)
Interference with television, microwave and radio reception.
The WECS shall be operated such that no disruptive electromagnetic
interference is caused. If it is demonstrated that a system is causing
harmful interference, the system operator shall promptly mitigate
the harmful interference or cease operation of the system.
(14)
Erosion control. Prior to granting a permit for a small-scale
WECS, the Town Board shall determine that the erosion and sedimentation
control plan is adequate.
E. Town Board action on application. The Town Board shall receive a report from the Code Enforcement Officer on any application for a small-scale WECS permit as well as the site plan and recommendation of the Planning Board as provided in Subsection
A above. After consideration of the application and relevant recommendations, the Town Board may grant the wind energy permit, deny the wind energy permit or grant the wind energy permit with written stated conditions. Denial of the wind energy permit shall be by written decision based upon the substantial evidence submitted to the Board. Upon issuance of the wind energy permit, the applicant shall obtain a building permit for the small-scale WECS prior to installation. Prior to issuing a wind energy permit for a small-scale WECS, the Town Board shall make the following findings:
(1) The proposed WECS project will not unreasonably interfere with the
orderly land use development plans of the Town of North Collins.
(2) The proposed WECS project will not be detrimental to the public health,
safety or welfare of the community.
F. Amendment to approved use permit. Any changes or alterations to the
WECS, after approval of the permit, other than routine repair or maintenance
of the original towers and turbines installed, shall require amendment
to the permit by the Town Board. Such amendment shall be subject to
all the procedural requirements and standards of this section.
G. Permit revocation. Failure to abide by and faithfully comply with
the standards of this section and with any and all conditions that
may be attached to the granting of the wind energy permit shall constitute
grounds for the revocation of the permit, after a public hearing.
Construction must begin within one year after issuance of permit and
be completed within two years after issuance of permit. The applicant
may apply once for a six-month extension.
H. Abandonment of use.
(1) All small-scale WECS shall be maintained in good condition and in
accordance with all requirements of this section.
(2) Any WECS which is not used for 12 consecutive months shall be deemed
abandoned and shall be dismantled and removed from the property at
the owner's expense. The Town reserves the right to dismantle
the structure and to charge back the cost of removal to the property
owner. If unpaid, this cost will be added as a charge to the tax levy
of the property. The owner shall have three months to remove the abandoned
WECS.
(3) Failure to abide by and faithfully comply with the standards of this
section and with any and all conditions that may be attached to the
granting of the wind energy permit shall constitute grounds for the
revocation of the permit, after a public hearing.
I. Assessment. A small-scale WECS shall not be subject to an assessment
by the Town of North Collins.
J. WECS for agricultural use.
(1) Applications for WECS permits which are to be used solely for agricultural
production (as defined in Agriculture and Markets Law § 301,
Subdivision 4) located in a state or county agricultural district
shall include the following information:
(a)
Name and address of the applicant.
(b)
Evidence that the applicant is the owner of the property involved
or has the written permission of the owner to make such application.
(c)
A drawing or diagram drawn in sufficient detail to show the
following:
[1]
Location of the proposed tower on the site and the tower height,
including blades, rotor diameter and ground clearance.
[2]
Property lot lines and the location and dimensions of all existing
structures and uses on site within 300 feet of the wind energy conversion
system.
[3]
Dimensional representation of the various structural components
of the tower construction, including the base and footing.
[4]
Compliance with current version of AWEA standards for small
wind energy systems, and utilizing a small wind energy conversion
system on the current list of ITAC-certified wind turbines.
(d)
Evidence that the proposed tower height does not exceed the
height recommended by the manufacturer or the distributor of the system.
(e)
Turbine information: specific information on the type, size,
height, rotor material, rated power output, performance, safety and
noise characteristics of the wind turbine and tower.
(f)
Environmental assessment form (short form) pursuant to 6 NYCRR
617.
(g)
Such additional information as may be reasonably requested by
the Town Board or Planning Board for a complete understanding of the
proposed project.
(h)
The Town Board may determine that not all of these requirements
are necessary for a particular proposed project.
(i)
A permit fee, in an amount as established by the Town Board
from time to time.
(j)
Only one small-scale WECS shall be allowed per five acres of
agricultural land. The system shall be used solely to reduce the on-site
consumption of electricity. Remote net metering shall be permitted
if all agricultural locations ("host" and "satellite") are geographically
located within North Collins.
(2) Upon receipt and review of the above, the Planning Board shall make
appropriate recommendation(s) to the Town Board. The Town Board shall
then schedule a public hearing which shall be held within 60 days
after receipt of the Planning Board's recommendations. At the
conclusion of all public hearings on the application, the Town Board
shall vote upon issuance of a wind energy permit to the applicant.
Real Property Tax Law § 487. The Town of North Collins
reserves the right to require the owner of a utility-scale WECS to
enter into a contract for payments in lieu of taxes as a requirement
of receiving a wind energy permit. Such payment is and addition to,
and not in lieu of, any payment required under a host community agreement.