This chapter shall be cited as the "Wind Energy Facility Law
of the Town of Colton, New York." By reason of enactment of this chapter,
Local Law No. 1 for the year 2020 of the Town of Colton, New York,
is superseded by this chapter and hereby repealed.
The Town Board of the Town of Colton adopts this chapter to
promote the effective and efficient use of the Town's wind energy
resource through wind energy conversion systems (WECS), and to regulate
the placement of such systems so that the public health, safety, welfare,
and the environment will not be jeopardized.
The Town Board of the Town of Colton enacts this chapter under
the authority granted by:
B.
New York Statute of Local Governments § 10(1), (6), and
(7).
C.
New York Municipal Home Rule Law § 10(1)(i) and (ii) and
§ 10(1)(a)(6), (11), (12), and (14).
D.
New York Town Law Article 16 (Zoning).
E.
New York Town Law § 130(1) (Building code), (3) (Electrical
code), (5) (Fire prevention), (7) (Use of streets and highways), (7-a)
(Location of driveways), (11) (Peace, good order and safety), (15)
(Promotion of public welfare), (15) (Excavated lands), (16) (Unsafe
buildings), (19) (Trespass), and (25) (Building lines).
F.
New York Town Law § 64(17-a) (Protection of aesthetic interests)
and (23) (General powers).
G.
New York Real Property Tax Law § 487.
The Town Board of the Town of Colton finds and declares that:
A.
Wind energy is an abundant, renewable and nonpolluting energy resource
of the Town and its conversion to electricity may reduce dependence
on nonrenewable energy sources and decrease the air and water pollution
that results from the use of conventional energy sources.
B.
The generation of electricity from properly sited wind turbines,
including small systems, can be cost-effective, and in many cases
existing power distribution systems can be used to transmit electricity
from wind-generating stations to utilities or other users, or on-site
consumption can be reduced.
C.
Regulation of the siting and installation of wind turbines is necessary
for the purpose of protecting the health, safety, and well-being of
neighboring property owners, the general public, the local economy
and local ecosystems.
D.
Wind energy facilities and conversion systems may represent significant
potential aesthetic impacts because of their large size, lighting,
and shadow flicker effects.
E.
If not properly regulated, installation of wind energy facilities
can create drainage problems through erosion and lack of sediment
control for facility and access road sites, and harm farmlands through
improper construction methods, farmland segregation and isolation.
F.
Wind energy facilities may present a risk to birds, bats and other
creatures if not properly sited.
G.
If not properly sited, wind energy facilities may adversely affect
the property values of adjoining property owners.
H.
Potential risks from wind turbines may include ice shedding, tower
collapse, blade failure, and fire in turbines, and they may be significant
sources of noise, which if unregulated can negatively impact the safety
and quiet enjoyment of properties in the vicinity.
I.
Construction of wind energy facilities can create traffic problems,
stream sedimentation and damage local roads.
J.
By reason of the foregoing, the siting of wind energy conversion
systems, as hereafter defined, is best determined to be within specific
defined locations hereafter referred to as "Wind Overlay Zones." It
is not anticipated that the impact and effect of small wind energy
conversion systems, as hereafter defined, will require the same sort
of siting limitations, it being believed that the provisions of this
chapter adequately address issues attendant to such small wind energy
conversion systems.
As used in this chapter, the following terms shall have the
meanings indicated:
The composite of sound pressure from all sources near and
far on a 24/7 basis. The normal or existing level of environmental
sound pressure at a given location. It is the noise level that is
exceeded 90% of the time (expressed as "L90") or 54 minutes of every
hour.
That portion of New York State Law, Chapter 388 of the Laws
of 2011, providing for the siting review of new and repowered or modified
major electric generating facilities by the New York State Public
Service Commission's Board on Electric Generation Siting and
the Environment (referred to as the "Siting Board").
A-weighted decibels; an expression of the relative loudness
of sounds in air as perceived by the human ear.
A person with demonstrated competence in the specialty of
community noise testing who is contracted for the purposes of noise
measurement or evaluation of noise analysis.
Environmental assessment form used in the implementation
of the SEQRA as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
Any change, addition, removal, swap-out or exchange that
requires or results in changes and/or updates to the original design
of a WECS.
Real property within a designated wind zone where the owner
does not have a contract with the developing wind power company.
Actions that ensure that all WECS are kept in good operating
condition. This includes inspections, testing, and repairs that maintain
safe functional capacity and structural integrity of the original
design. It does not include modifications.
Real property within a designated wind zone where the owner
has a contract with the developing wind power company.
Any dwelling suitable for habitation existing in the Town
of Colton on the date an application is received. This includes any
dwelling not attached to public utilities, that does not have running
water or is hooked to a sewer or septic system. A residence may be
part of a multidwelling or multipurpose building, and shall include
buildings such as hunting camps, seasonal residences, hotels, hospitals,
motels, dormitories, sanitariums, nursing homes, medical centers,
schools or other buildings used for educational purposes, or correctional
institutions.
The Accelerated Renewable Energy Growth and Community Benefit
Act, which provides an expedited review process with uniform permit
standards for New York State renewable energy projects in place of
the procedures set forth in Article 10 of the Public Service Law.
The New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and
Regulations, Part 617.
A distance measured from the center of a turbine tower or
measurement tower to the center line of a road right-of-way, property
line, Wind Overlay Zone limits, Adirondack Park boundary, edge of
wetlands, or closest point of residence foundation.
A repeating cycle of changing light intensity that occurs
when the shadow cast by rotating turbine blades passes over an object
or a window.
The parcel(s) of land where the wind energy facility is to
be placed. The site could be publicly or privately owned or leased
by an individual or a group of individuals controlling single or adjacent
properties. Where multiple lots are in joint ownership, the combined
lots shall be considered as one for purposes of applying setback requirements
to the closest lot. Any property which has any component of a wind
energy facility or whose owner has entered into an agreement for said
facility or a setback agreement shall not be considered off-site.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of at least five kW not more than 100 kW and which
is intended to primarily generate on-site power or reduce on-site
consumption of utility power.
The level of sound which is equaled or exceeded a stated
percentage of time. For example, an L10-45 dBA indicates that in any
hour of the day, 45 dBA can be equaled or exceeded for 10% of the
time or six minutes. The measurement of the sound pressure level should
be done according to the International Standards for Acoustic Noise
Measurement Techniques for Wind Generators (IEC 61400-11) or other
accepted procedures. Sound Measurements shall use sound meters that
meet the American National Standard Institute Specifications for Integrating
Average Sound Level Meters, SI.43-1997, for Type 1 instruments and
be capable of accurate readings at 20 dBA or lower.
The total distance measured from the grade of the site that
existed prior to construction at the base of the WECS to its highest
point at the full vertical extension of a blade.
A machine that consists of a wind turbine, a tower, rotating
blades, and associated control or conversion electronics that converts
the kinetic energy in the wind into a usable form (commonly known
as a "wind turbine" or "windmill") and which has a rated capacity
of more than 100 kilowatts (100 kW).
Any wind energy conversion system, small wind energy conversion
system, or wind measurement tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
Public utility uses otherwise allowed under this chapter do not include
wind energy facilities.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
Those areas of the Town of Colton which the Town Board has
determined are appropriate for the development of wind energy conversion
systems (WECS) and related infrastructure, electrical lines and substations,
access roads and accessory structures. The Wind Overlay Zone is designated
on the Zoning Map as a part of the Town of Colton Land Use and Development
Code.
A.
No wind energy facility shall be constructed, reconstructed, modified,
or operated in the Town of Colton, except in compliance with this
chapter.
B.
No WECS shall be constructed, reconstructed, modified, or operated
in the Town of Colton, except in a Wind Overlay Zone as designated
on the Town of Colton Zoning Map as a part of the Town of Colton Land
Use and Development Code pursuant to this chapter.
C.
No special permit shall be issued for construction, reconstruction,
modification or operation of a WECS in the Town of Colton, unless
it is located within a Wind Overlay District created by act of the
Town Board.
D.
No construction, reconstruction, modification or operation of a WECS
in the Town of Colton shall occur or be commenced until a special
permit has been issued by the Town and until all other permits as
may be required by county, state and federal authorities have been
issued and evidence of same is provided to the Town of Colton.
E.
No wind measurement tower shall be constructed, reconstructed, modified,
or operated in the Town of Colton, except pursuant to a special use
permit issued pursuant to this chapter.
F.
No small wind energy conversion system shall be constructed, reconstructed,
modified, or operated in the Town of Colton, except pursuant to a
special use permit issued pursuant to this chapter.
G.
Exemptions. No permit or other approval shall be required under this
chapter for mechanical, nonelectrical WECS utilized solely for on-site
agricultural operations.
H.
Transfer. No transfer of any wind energy facility or special use
permit, nor sale of the entity owning such facility, including the
sale of more than 30% of the stock of such entity (not counting sales
of shares on a public exchange), will occur without written acceptance
by the transferee of the obligation of the transferor under this chapter.
Notice of such transfer shall be filed with the Town of Colton within
30 days. No transfer shall eliminate the liability or responsibility
of an applicant or of any other party under this chapter for acts
or omissions occurring prior to such transfer or sale.
I.
Notwithstanding the requirements of this section, replacement in
kind or modification of a wind energy facility may occur without Town
Board approval when there will be:
J.
The Highway Superintendent shall be consulted prior to any such modifications
to review the scope of impacts to the Town roads, and any required
protective measures shall be incorporated into the modifications project.
A.
The requirements of this chapter shall apply to all wind energy facilities
proposed, operated, modified, or constructed in that part of the Town
of Colton which is located outside of the Adirondack Park after the
effective date of this chapter.
B.
Wind energy facilities for which a required permit has been properly
issued, and upon which construction has commenced prior to the effective
date of this chapter, shall not be required to meet the requirements
of this chapter; provided, however, that:
(1)
Any preexisting wind energy facility which does not provide energy
for a continuous period of 12 months shall meet the requirements of
this chapter prior to recommencing production of energy.
(2)
No modification or alteration to an existing wind energy facility
shall be allowed without full compliance with this chapter.
(3)
Any wind measurement tower existing on the effective date of this
chapter shall be removed no later than 26 months after said effective
date, unless a special use permit for said wind energy facility is
obtained.
C.
Wind energy facilities may be either principal or accessory uses.
A different existing use or an existing structure on the same site
shall not preclude the installation of a wind energy facility or a
part of such facility on such site. Wind energy facilities constructed
and installed in accordance with this chapter shall not be deemed
expansions of a nonconforming use or structure.
D.
No permit or other approval shall be required under this chapter
for mechanical, nonelectrical WECS or its accessory structures utilized
solely for on-site agricultural operations.
