The purpose of these regulations for small wind energy conversion
systems (SWECS) is to:
A.
Protect and enhance the Town's physical and visual environment.
B.
Protect and enhance the health, safety and welfare of residents of
the Town of Aurora.
C.
Provide standards for the effective and efficient placement, construction,
modification and maintenance of small wind energy conversion systems,
which are designed and used to reduce on-site consumption of utility
power.
As used in this article, the following terms shall have the
meanings indicated:
A district set up under Article 25-AA of the New York State
Agriculture and Markets Law to conserve, protect and encourage development
and improvement of agricultural lands.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation and conducted in accordance with the New York State Agriculture
and Markets Law.
The sound from all sources other than the particular sound
of interest; also known as the "background sound level." The ambient
sound measurement (A-weighted sound level) is taken where the offending
sound cannot be heard or with the sound source shut off. The ambient
sound level, rarely found to be constant over time, can be quite variable.
The ambient sound level is considered to be the level that is exceeded
90% of the time when a sound measurement is taken.
Environmental assessment form used in the implementation
of SEQRA as that term is defined in Part 617 of Title 6 of the New
York Codes, Rules and Regulations.
Includes, but is not limited to, land, air, noise, water,
flora, fauna, threatened and endangered species and critical habitat
areas, agricultural resources, aesthetic resources, historical and
archaeological resources, open space and recreational areas.
The area surrounding the tower described as 1 1/2 times
the total height of the tower measured from its base radially.
The New York State Environmental Quality Review Act, Article
8 of the Environmental Conservation Law, and its implementing regulation
in Title 6 of New York Codes, Rules and Regulations, Part 617.
The parcel of land where a proposed wind turbine is to be
located. The site can be publicly or privately owned by an individual
or groups of individuals controlling a single property.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 20 kW and a maximum total height
of 100 feet and which is intended to primarily reduce on-site consumption
of utility power.
The height of the SWECS as measured from ground elevation
to the top of the tip of the blade in the vertical position.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine and other mechanical devices are
mounted.
The height above grade of the uppermost portion of the tower,
excluding the length of any axial rotating turbine blades.
The parts of the SWECS, including the blades, generator and
tail.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
Any part of a SWECS or wind measurement tower, including
all related infrastructure, electrical systems and substations, access
roads and accessory structures included therein.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
Any piece of electricity-generating equipment that converts
wind energy into electrical energy through the use of airfoils, rotating
turbine blades or similar devices to capture the wind.
Small wind energy systems shall be a permitted use in all zoning classifications, subject to a site plan review and approval by the Town of Aurora Town Board and the issuance of a SWECS permit by the Town of Aurora Building Department as set forth in Chapter 65 of the Town of Aurora Code.
A.
All applicants for a SWECS permit shall submit an application, including
applicable fees, to the Town Building Department. Applicants shall
provide all of the following documentation to the Town Building Department
before the application is considered complete and ready for review
and processing. Upon determination by the Code Enforcement Officer
that all standards/requirements have been met, a complete copy of
the documentation will be given to the Aurora Town Clerk for distribution
to the Town Board, Town Engineer and Town Attorney.
B.
In the event that the Code Enforcement Officer determines that the
standards are not met, the application will be forwarded to the Zoning
Board of Appeals for consideration of a variance. The Zoning Board
of Appeals determination will be forwarded to the Town Board.
C.
Upon receipt of the application for a wind energy conversion system,
the Town Board shall forward the documentation to the Town Planning
Board for site plan review and for the Planning Board's overall recommendation.
Upon receipt of the Planning Board's recommendation, the Town Board
will call a public hearing on the application.
D.
The Town Board will render a final decision on the application for
a wind energy conversion system.
E.
A SWECS application shall include:
(1)
A completed SWECS permit application form.
(2)
A completed site plan review application form.
(3)
A full environmental assessment form with completed Part 1, a visual
addendum, and such other part requiring completion by the applicant.
(4)
Compliance with General Municipal Law § 239-m if applicable.
(6)
A site plan in form and content acceptable to the Town Board, prepared
to scale and in sufficient detail and accuracy, showing, at a minimum:
(a)
The proposed location of the SWECS, together with guy wires
and guy anchors.
(b)
The maximum height of the proposed tower, including blades in
vertical position.
(c)
A detail of tower type (monopole, guyed, freestanding or other).
(d)
The color or colors of the SWECS tower.
(e)
The location, type and intensity of any lighting on the SWECS
tower.
(f)
A contour/topography map of the property and adjacent parcels
of sufficient scale as to clearly indicate appropriate drainage and
erosion impact on and off site as well as jurisdictional wetlands.
(g)
The location of all structures on the property and all structures
on any adjacent property within 500 feet of the property lines, together
with the distance of these structures to the SWECS tower and the distance
of the SWECS tower from all property lines and public roads or rights-of-way.
(h)
The names and mailing addresses of all adjacent landowners within
1,000 feet of any boundary of the site on which the SWECS is proposed
to be located.
(i)
The location, nature and extent of any proposed fencing and
landscaping or screening to be constructed around or in conjunction
with the SWECS tower.
(j)
The location and nature of any utility easements and access
roads proposed or existing in connection with the SWECS tower.
(k)
Building elevations of accessory structures and buildings immediately
adjacent to the proposed SWECS tower and related facilities.
(l)
Evidence that the proposed tower height does not exceed the
height recommended by the manufacturer of the system.
(m)
Turbine information: specific information on the type, size,
height, rotor material, rated power output, and performance safety
and noise characteristics of the SWECS.
(n)
Written notice that the electrical utility service provider
has been informed, and permit requested, as required, to connect to
the public grid, adhering to all guidelines set forth by the utility
service provider.
(o)
Signage of a minimum of one foot by two feet in size indicating
the potential of electric shock located at a height of five feet above
the surrounding ground surface clearly visible and secured on the
base of the tower.
(p)
Manufacturer's specifications and certification on manual and
automatic over-speed controls built into SWECs and on-site certification
by a qualified installer.
(q)
Certified sound rating data covering the SWECS sound-producing
features, including the overall sound pressure levels measured with
an A-weighted scale throughout the operating range of design wind
speed. The report shall include low-frequency, infrasound, pure tone,
and repetitive impulsive sound.
(r)
The location of noise-sensitive receptors (i.e., hospitals,
libraries, schools, places of worship, parks and recreational facilities
or other sensitive receptors identified by the Town Planning Board)
within 2,500 feet of the proposed SWECS location.
(s)
Proof of the current and reasonably anticipated on-site electricity
demand of the applicant.
The following are exempt from the requirements of this chapter.
A.
No permit or other approval shall be required under this chapter
for SWECS utilized solely for farm operations in a county-adopted,
state-certified agricultural district, as long as the facility (SWECS)
is set back at least 1 1/2 times its total height from a property
line and does not exceed 100 feet in total height. Towers over 100
feet in total height utilized solely for agricultural operations in
a county-adopted, state-certified agricultural district shall apply
for a permit in accordance with this section but shall not require
a height variance. Prior to the construction of a SWECS under this
exemption, the property owner of a designated agent shall submit a
sketch plan or building permit application to the Town of Aurora Code
Enforcement Officer and Building Inspector to demonstrate compliance
with the setback requirements.
B.
Existing SWECS towers may be repaired and maintained without restriction.
A.
No wind energy conversion system other than a small wind energy conversion
system (SWECS), as defined herein, shall be constructed, reconstructed,
modified, operated or replaced in the Town of Aurora.
B.
All SWECS shall require a site plan review, reviewed by the Town
of Aurora Planning Board and applicable criteria from this chapter
to assist in the approval process deemed appropriate by this chapter.
C.
Structural safety. The applicant shall provide a certificate from
a qualified licensed professional engineer certifying that the tower
and its foundation meet applicable structural safety standards, including
but not limited to wind loading and seismic effects due to soil conditions.
The Town Board and/or Town Planning Board may request renewed safety
certification from the applicant every five years, unless the Town
Board has reasonable grounds to believe the tower is in unsafe condition,
in which event such a request may be made on a more frequent basis.
D.
The Town Board and/or Town Planning Board may request reasonable
additional information, including but not limited to any visual and
aesthetic information, it deems appropriate on a case-by-case basis.
Such additional information may include, among other things, a professionally
engineered wind study, enhanced landscaping plans, line-of-sight drawings
and/or visual simulations from neighboring viewpoints, microwave interference,
etc.
E.
The Town Board and/or Town Planning Board shall require that SWECS
towers be set back a sufficient distance from adjacent property lines
and/or structures, and public roadways to safeguard the general public
and/or adjacent property from damage in the event of tower failure
or falling debris, which distance shall take into account the fall-down
zone of any tower and/or antenna. Guy wires erected must adhere to
Code-approved setback standards as well as fencing requirements.
F.
The "fall-down zone" will not be located closer to any property line
equal to 1 1/2 times the total height and a minimum of 500 feet
from existing structures not owned by the applicant. Notwithstanding
the limitations contained herein, the Town Board can set a different
fall-down zone upon receipt of information from the applicant or adjoining
property owners which demonstrates the safety of the general public
or adjacent property is protected.
G.
Each SWECS tower shall be located a minimum of:
(1)
Five hundred feet from the nearest public road.
(2)
Five hundred feet from the nearest off-site residence at the time
of application, measured from the exterior of such residence.
(3)
One and one-half times the total height of the SWECS from any on-site
non-WECS structure or any aboveground facilities or utilities.
(4)
One thousand feet from federal or state-identified wetlands, to protect
bird and bat populations. This distance may be adjusted to be greater
or lesser at the discretion of the reviewing body, based on topography,
land uses and other factors that influence the flight patterns of
resident birds.
H.
The applicant must comply with all applicable state and federal regulations,
including FAA regulations.
I.
Towers shall be constructed to provide one or more of the following
means of access control:
J.
Only one SWECS per legal lot shall be allowed.
K.
No SWECS tower shall contain any signage, other than electrical shock
warning, or advertising of any kind.
L.
No person operating a SWECS shall willfully, negligently or through
failure to provide necessary equipment, service or maintenance or
to take necessary precautions cause, suffer, allow or permit unnecessary
emissions from said SWECS source of sound that may cause noise to
adjacent properties. This policy specifies that the ambient sound
level, measured at the property line upon which the SWECS facility
is located, shall not be increased by more than three decibels weighted
for the "A" scale (dBA) due to the operation of the SWECS.
M.
In order to reduce visual impact, the SWECS:
N.
Intermittent shadow or flutter shadow shall not be cast on any adjacent
residence more than a total of 10 minutes a day.
O.
Exterior lighting on any SWECS shall not be allowed unless mandated
by the Federal Aviation Administration.
P.
All structures which may be charged with lightning will be grounded
according to New York State adopted National Electric Code. Whenever
possible, all wiring associated with a SWECS shall be installed underground
within the "fall-down zone."
Q.
All SWECS shall be operated in such a fashion as to minimize disruptive
electromagnetic interference as is evident in television, microwave
and radio reception/transmission. If it is determined that a SWECS
is causing electromagnetic interference, the operator shall immediately
take the necessary corrective action to eliminate the interference,
including relocation or removal of the SWECS tower.
R.
Erosion control and sedimentation will be addressed by the Town Planning
Board after a review of the soil conditions at the proposed site.
The Town Planning Board recommendations will be managed by the property
owner in a manner consistent with all applicable state and federal
laws and regulations.
S.
Removal of SWECS tower. The property owner shall agree to remove
the tower if said tower ceases to be used for its intended purpose
for 12 consecutive months.
A.
Permit fees pertaining to SWECS tower permit or building permit issues
pursuant to this section are listed in Standard Schedule of Fees and
may be changed from time to time by resolution adopted by the Town
Board.
B.
All fees associated with the engineering, wind measurement statistics
or any special testing and/or inspections are the sole responsibility
of the project sponsor.
A.
The Town Board shall appoint such Town staff or outside consultants
as it sees fit to enforce this section.
B.
Any person owning, controlling or managing any building, structure
or land who shall undertake a small wind energy conversion system
in violation of this chapter or in noncompliance with the terms and
conditions of any permit issued pursuant to this chapter or any order
of an enforcement officer, and any person who shall assist in so doing,
shall be guilty of an offense and subject to a fine of not more than
$250 or to imprisonment for a period of not more than 15 days, or
subject to both such fine and imprisonment. Every such person shall
be deemed guilty of a separate offense for each week such violation
shall continue. The Town may institute a civil proceeding to collect
civil penalties in the amount of $250 for each violation, and each
week said violation continues shall be deemed a separate violation.
