[HISTORY: Adopted by the Town Board of the Town of Sodus as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-6-2008 by L.L. No. 1-2008]
A. 
The state of New York has enacted programs to encourage the prudent use of wind as an abundant, renewable and non-polluting source of energy. The New York State Energy Research and Development Authority (NYSERDA) is established to develop programs that encourage a sustainable market for quality end use wind systems.
B. 
The purpose of this article is to support and enable the use of wind-energy-deriving towers (hereafter referred to as "wind turbines") while providing reasonable controls to protect the health, safety, and general welfare of residents in the Town of Sodus. All wind-generating tower applications will require a special use permit and include a public hearing. This article will leverage the work of NYSERDA to provide the regulation foundation. The wind turbines addressed by this article are primarily intended to supply on-site consumed electrical power needs to displace that provided by a public utility. Net-metering does this where the electric meter runs in reverse when more power is being generated than being used.
C. 
The much larger scale wind turbines and wind farms intended to sell energy directly to power companies or retail users are not included in this article and will be covered independently.
No person, firm or corporation, being the owner or occupant of any land or premise within the Town of Sodus, shall use or permit the use of said land or premises for the construction of a tower for energy-deriving purposes without obtaining a permit and site plan approval as defined herein.
The small wind energy system shall include the following components:
A. 
Qualified wind generators - listed on the NYSERDA list of Qualified Wind Generators which gives consideration to 1) evidence of certification by a nationally recognized testing laboratory as meeting the safety and performance of a nationally or internationally recognized testing institution, or 2) provides evidence acceptable to NYSERDA.
B. 
Wind generators must not be mounted on any preexisting structure without engineering analysis showing compliance with the International Building Code and certified by a licensed professional mechanical, structural, or civil engineer demonstrating that the tower and foundation meets or exceeds requirements to withstand the most stringent wind load conditions for structures as set forth in the Building Code of New York State or other locally adopted code appropriate for the installation location.
C. 
Conversion electronics, inverters - certified as meeting the requirements of IEEE Standard 929-2000 and UL 1741, with preference to those listed on New York State Public Service Commission's list of eligible or type tested inverters. Inverters not listed may be used if the wind system receives an appropriate interconnection agreement from the utility and the installation meets NYS's standard interconnection requirements.
D. 
Other electrical components. All other electrical components of the systems such as charge controllers, batteries, wiring, and metering equipment must be certified as meeting the requirements of any relevant national and state codes and standards.
E. 
Interconnection. All applicants proposing grid-connected systems must provide evidence that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. When required, systems must meet NYS's standard interconnection requirements. Off-grid systems shall be exempt from this requirement.
F. 
Installers. NYSERDA maintains a list of program eligible installers, which depends on education, training and experience to maintain their listing. The use of installers from NYSERDA list is strongly recommended in the interest of safety.
A. 
All applications for a wind turbines permit and site plan approval shall be by written application on forms provided by the Town of Sodus Code Enforcement Office (see § 178-19, Site plan requirements)[1] and subject to a special use permit issued by the Zoning Board of Appeals (see § 178-20, Standards applicable to all special uses).[2] Per Article VI, Special Uses.[3]
[1]
Editor's Note: So in original.
[2]
Editor's Note: So in original.
[3]
Editor's Note: So in original.
B. 
In addition to the requirements of § 178-19,[4] each application for a wind turbine shall be accompanied by a complete plan, prepared by a professional engineer licensed by the state of New York, drawn to scale, showing the location of the tower on site; an engineer plan showing all existing natural land features; a drawing of applicant's and adjacent parcels showing existing structures; dimensions and size of various structural components of the tower's construction; design data which shall indicate the basis of design; soil type at construction site; and certification that the tower was designed to withstand wind load requirements for structures as set forth in the Building Code of New York State.
[4]
Editor's Note: So in original.
C. 
The system shall comply with all applicable state and federal regulations including Federal Aviation Administration and state/federal environmental requirements. A completed NYS Environmental Quality Review-Full Environmental Assessment Form shall be included.
D. 
All applications for the construction of a tower to be used to derive energy will be referred to the Planning Board for site plan approval under the procedures set forth in Chapter 178[5] of the code of the Town of Sodus. In granting site plan approval, the Planning Board may impose other conditions and restrictions deemed necessary for the maintenance, safety of such towers and/or to preserve and protect the character of the neighborhood and health, safety and welfare of the community.
[5]
Editor's Note: So in original.
Prior to issuance of final site plan approval the following requirements shall be complied with:
A. 
Guy wires and anchors for towers shall be located no closer than 10 feet from any property line. Additionally, all guy wires must be marked and clearly visible to a height of 10 feet above the guy wire anchors.
B. 
Neutral paint colors may be required to achieve visual harmony with the surrounding area.
C. 
All wind turbines shall be set back from property lines, public roads, power lines, and any preexisting structures by a distance at least equal to the height of the tower plus blade length plus 25 feet. Additional setbacks may be required by the Planning Board in order to provide for the public safety, health and welfare. The Zoning Board of Appeals may waive setback requirements from adjacent properties if the property owner agrees to grant an easement binding on the current and future owners.
The level of noise produced during wind turbine operation shall not exceed the ambient nighttime level at any neighboring residential structure and 25 DBA above ambient measured at the property line, except during short-term events such as utility outages and severe windstorms. The applicant must provide evidence that the installation will meet these noise requirements.
A. 
It is recognized that wind turbines require greater heights to reach elevations with wind currents reasonably adequate to generate energy. Towers used solely for energy-deriving purposes shall not exceed a total height of 50 meters (~164 feet) from the ground to the top of the tower (center of hub), provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
B. 
The minimum distance between the ground and any part of the rotor blade must be 30 feet (~9.2 meters).
A. 
Applicant shall post an emergency telephone number so that the appropriate people may be contacted should any wind turbine need immediate attention. This telephone number shall be clearly visible on a permanent structure(s) or post(s) located outside the fall zone of the tower. The location should be convenient and readily noticeable to someone likely to detect a problem (example: adjacent to a public way).
B. 
No wind turbine shall be permitted which lacks automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components or enclosed shelter.
C. 
Energy towers shall have lightning protection.
A wind turbine shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA).
Existing roadways shall be used for access to the site whenever possible. In the case of constructing roadways, they shall be constructed in a way so that it allows for passage of emergency vehicles in the event of an emergency.
The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the wind turbines. This letter of intent shall be filed with the Code Enforcement Officer prior to the issuance of a building permit. The owner shall remove the obsolete or unused wind turbines and accessory structures within one year of such notification, or sooner to address an unsafe condition. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this article and the cost of removing the wind energy deriving towers and accessory structures shall be placed as a lien on the property owner's tax bill.
No action shall be taken by the Zoning Board of Appeals to issue a special use permit, by the Planning Board to issue preliminary site plan approval nor the Zoning Board of Appeals to grant use and area variance until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Sodus at least five days before the date set for a public hearing and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying by certified mail all property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing the applicant shall file with the Board his/her affidavit verification of mailing such notice. Failure of property owners to receive such notice shall not be deemed a jurisdictional defect.
A. 
Any violation of this article or any order, requirement decision or determination issued by the Code Enforcement Officer, his/her agent or designee pursuant to this article is hereby declared to be an offense punishable by a fine of not more than $250, or imprisonment for not more than 15 days, or both such fine and imprisonment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding to prevent, correct or restraint any violation of this article.
Fees for applications and permits under this article shall be established by resolution of the Sodus Town Board.[1]
[1]
Editor's Note: See Ch. A137, Fees.
A. 
Should any section, paragraph, sentence, clause, word, part or provision of this article be declared void, invalid or unenforceable for any reason, such declaration shall not affect the validity of any other part of this article which can be given effect without the part(s) declared void, invalid or unenforceable.
B. 
Except as contained in this article, Local Law No. 2 for 2004, establishing a moratorium on electrical generating wind towers, shall remain in effect.
[Adopted 12-10-2008 by L.L. No. 3-2008]
A. 
The State of New York has enacted programs to encourage the prudent use of wind as an abundant, renewable and non-polluting source of energy. The New York State Energy and Research Development Authority (NYSERDA) was established to develop programs that encourage a sustainable market for quality end use wind systems. This article will build upon the work of NYSERDA to provide a regulation foundation.
B. 
The purpose of this article is to promote and support the effective and efficient use of the Town's wind energy resources through Wind Energy Conversion Systems (WECS) while providing reasonable controls to protect the public health, safety, and general welfare of the residents in the Town of Sodus. The WECS addressed in this article are the larger scale wind turbines and wind farms intended to sell energy directly to power companies or retail users.
C. 
Applicability. Any application to erect a structure that converts the kinetic energy in the wind into a usable form, shall comply with this section unless exempted herein.
As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL WECS
A wind energy conversion system which has a rated capacity of greater than 100kW and which is intended to produce electrical power for use off-SITE.
EAF
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.
SEQRA
The New York Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.
SITE
The parcel(s) of land where a WECS facility is to be placed. The site may be publicly or privately owned by an individual or group of individuals controlling single or adjacent properties.
TOTAL HEIGHT
The height of the tower and the furthest vertical extension of the WECS from the ground on which it stands.
WECS facility
Any wind energy conversion system, including all related infrastructure, electrical transmission lines and substations, access roads and accessory structures. Includes related collection, transmission, distribution, storage or supply systems whether underground, on the surface or overhead, and other equipment or by-products in connection therewith and the scale of energy produced thereby, including but not limited to wind turbine (rotor, electrical generator and tower), anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.
WIND ENERGY CONVERSION SYSTEM (WECS)
Equipment used in wind-generated energy production that converts the kinetic energy of the wind into a usable form (commonly known as a "wind turbine" or "windmill"). Primary components are the rotor (blade assembly), electrical generator, and tower, as well as associated control and transmission equipment. Wind turbines are mounted on towers and have a rotor or propeller which may be on a horizontal or vertical axis.
This article shall take effect immediately upon the filing thereof in the Office of the New York State Secretary of State.
A. 
No person, firm or corporation, being the owner or occupant of any land or premises within the Town of Sodus, shall use or permit the use of said land or premises for the construction of a commercial WECS or WECS facility without obtaining a special permit and obtaining site plan approval as set forth herein.
B. 
No commercial WECS shall be constructed, erected or installed without a Special Permit having been issued by the Town Board of the Town of Sodus and site plan approval by the Planning Board of the Town of Sodus. All applications for a commercial WECS special permit shall be by written application on forms provided by the Office of the Town of Sodus Code Enforcement Officer. The commercial WECS and WECS facility must comply with the general standards for special permits and site plan approval under the Code of the Town of Sodus as well as all of the specific standards set forth in this article.
Those small wind energy conversion systems covered under Chapter 131, Wind Energy, Article I, Power-Generating Windmills (On-Site-Use Systems), of the Code of the Town of Sodus.
A. 
Each application for a commercial WECS special permit shall include:
(1) 
The name(s) and contact information of the applicant and landowner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed application and authorizes the submission of the application.
(2) 
The Tax Map number(s), existing use and acreage of the site parcel(s).
(3) 
A description of the project, including the number and maximum rated capacity of each proposed WECS. For each proposed 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.
(4) 
A survey map at an appropriate scale showing the proposed location of the elements of the WECS as it relates to:
(a) 
Boundaries of the parcel.
(b) 
Access roads.
(c) 
Permanent easements and/or proposed easements.
(d) 
The location, approximate dimensions, and type of all structures on the property, together with distances of such structures from the proposed WECS.
(5) 
Standard drawings of the wind turbine structure, including the tower, foundation and access road(s).
(6) 
A complete plan, prepared by a professional engineer licensed by the state of New York, drawn to scale, showing the location of the proposed tower(s) on the site(s) and tower height, including blades, rotor diameter and ground clearance, all proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing; all existing natural land features, adjacent parcels showing existing structures, all utility lines both above and below ground within a radius equal to the proposed tower height, including blades; engineering analysis, data and certification which shall indicate the basis of design, dimensions and size of structural components of the tower's construction, including manufacturer's dimensional drawings and instructions, soil type at proposed construction site(s), safety and stability of the tower, wind turbine structure and foundation, including certification of compliance with applicable building codes and safety results from test facilities, including certification that the tower was designed to withstand wind load requirements for structures as set forth in the Building Code of New York.
(7) 
A completed EAF (environmental assessment form).
(8) 
Proposal for landscaping and screening, setting forth the location, nature and extent.
(9) 
Proposed lighting plan showing any FAA (Federal Aviation Administration) required lighting and any other proposed lighting.
(10) 
A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three-mile radius as no smaller than 2.7 inches, and the base map used shall be a published topographic map showing man-made features such as roads and buildings.
(11) 
No fewer than four color photos, no smaller than four inches by six inches, taken from locations within a three-mile radius from the center of the project and to be selected by the Planning Board, and computer-enhanced to simulate the appearance of the as-built facilities as they would appear from said locations.
(12) 
The following information must be submitted by 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 WECS facility:
(a) 
Shadow flicker. The applicant shall conduct a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and/or commercial businesses and must describe measures that shall be taken to eliminate or mitigate the impacts of shadow flicker on such residences, including but not limited to operational measures to stop rotation at such times when modeling predicts that shadow flicker will impact neighboring residences.
(b) 
Visual impact. Applications shall include a visual impact study of the WECS as proposed, which should include, at a minimum, a computerized photographic simulation demonstrating any visual impacts from strategic vantage points, including visual impacts associated with both the facility itself, as well is any proposed aboveground collection or transmission components. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. Such visual impact analysis should conform to DEC guidelines where relevant.
(c) 
Fire protection and emergency response. Applications shall include a fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed site.
(d) 
Noise assessment. Applications shall include a noise impact assessment conducted by a reputable acoustical consultant documenting the noise levels associated with the proposed WECS and its impact on humans. Such noise impact assessment should be conducted in accordance with the criteria recommended by the NYS Department of Environmental Conservation's Program Policy guidance document entitled: "Assessing and Mitigating Noise Impacts", utilizing adjacent property lines as receptor locations. Such noise assessment must also describe measures that shall be taken to eliminate or mitigate the impacts of noise on nearby receptors.
(e) 
Avian analysis. Applications shall include an avian analysis assessing the reasonably anticipated impacts of the WECS upon bird and bat species. The scope of such analysis should be developed in consultation with the NYS Department of Environmental Conservation and the United States Fish and Wildlife Service, and must at a minimum consist of a literature survey for threatened and endangered species and provide relevant information on critical flyways, and shall describe the potential impacts of any proposed facilities on bird and bat species, and an avoidance or mitigation plan to avoid or mitigate such impacts to the extent practicable. The applicant should also identify plans for post-construction monitoring or studies to assess actual operational impacts of the WECS upon birds and bats.
(f) 
Property values. Applications shall include a property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties neighboring WECS sites. Such analysis should include actual data concerning the impacts of previously constructed facilities in the State of New York on property values. This analysis shall be presented to the Town Board for its consideration.
(g) 
Electromagnetic interference. Applications shall include an assessment of potential electromagnetic interference from the proposed facility with microwave, radio, television, personal communication systems and other wireless communication.
(h) 
Construction schedule and transportation plan. Applications shall include a construction schedule describing commencement and completion dates, as well as a transportation plan describing routes to be used in delivery of project components, equipment and building materials and those to be used to provide access to the site during construction, as well as the gross weights and heights of vehicles used. Such plan should also describe any anticipated improvements to existing roads, bridges or other infrastructure, as well as the measures which will be taken to restore damaged or disturbed access routes following construction.
(i) 
Groundwater impact study. Applications shall include a study relating to the potential impacts to groundwater related specifically to excavation and/or blasting during the construction phase of the project.
(13) 
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 review of the project pursuant to SEQRA. No application shall be determined to be complete until the SEQRA review with respect to such application is concluded.
(14) 
Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include the following information at a minimum: 1) the anticipated life of the WECS; 2) the estimated decommissioning costs in current dollars; 3) how said estimate was determined; 4) the method of ensuring that funds will be available for decommissioning and restoration; 5) the method, such as by annual re-estimate by a licensed engineer, that the decommissioning cost will be kept current; and 6) the manner in which the WECS will be decommissioned and the 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.
(15) 
A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.
B. 
The system shall comply with all applicable state and federal regulations including Federal Aviation Administration and state/federal environmental requirements, including SEQRA.
C. 
All applications for a commercial WECS will be referred to the Planning Board for site plan approval under the procedures set forth in the Code of the Town of Sodus. In granting site plan approval, the Planning Board may impose conditions and restrictions deemed necessary for the maintenance, safety of such towers and/or to preserve and protect the character of the neighborhood and health, safety and welfare of the community.
D. 
The Town Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.
In addition to site plan requirements under the Code of the Town of Sodus, prior to issuance of final site plan approval for a commercial WECS, the following requirements shall be met:
A. 
Landscaping and facility features may be requested to achieve visual harmony with the surrounding area. The applicant will provide visual simulation studies for the Planning Board and public review.
B. 
No wind facility shall be erected, constructed or installed without approval under site plan requirements under the Code of the Town of Sodus.
C. 
Height. The total height of a wind turbine as measure from average grade shall not exceed 480 feet and have a minimum blade clearance from the ground immediately below each wind turbine to the lowest point of the arc of the blades of 30 feet.
D. 
Height calculation. For the purposes of calculating the overall height of a wind turbine, the total height shall be measured from average grade to the uppermost extension of any blade of the maximum height reached by any part of the wind turbine.
E. 
Setbacks. All commercial WECS shall be set back from property lines, public roads, overhead utility or transmission lines, and any preexisting structures by a distance at least equal to the height of the tower plus blade length plus 100 feet. Additional setbacks may be required by the Planning Board in order to provide for the public safety, health and welfare. The Zoning Board of Appeals may waive setback requirements from adjacent properties if the applicant provides proof of recorded easements from each affected adjacent property owner binding on the current and future owners and provided the application complies with applicable laws, including SEQRA.
F. 
Access. Each commercial WECS shall be designed, constructed and maintained to prevent unauthorized access. Access to the tower shall be locked at all times and not accessible to the public.
G. 
Accurate maps of any underground facilities or lines shall be filed with the Town and with "Dig Safely New York (1-800-962-7962)" or its successor.
H. 
Signs. There shall be no signs except a sign identifying the wind facility, the owner and operator and an emergency telephone number; "no trespassing" signs; and any signs required to warn of danger. All signs shall comply with the requirements of the Code of the Town of Sodus.
I. 
Noise. Except during short-term events, such as high windstorms or utility outages, noise from the proposed wind turbine shall not exceed 60 dBA as measured from any location along the boundary of the site parcel as it exists at the time of application.
J. 
Construction and electrical codes interconnection standards. Commercial WECS including towers shall comply with all applicable state construction and electrical codes. Commercial wind energy systems shall comply with applicable utility, New York State Public Service Commission, and Federal Energy Regulatory Commission interconnection standards.
K. 
FAA regulations. Commercial WECS including towers shall comply with Federal Aviation Administration requirements, NYS and local jurisdiction airport overlay zone regulations. The minimum FAA lighting standards shall not be exceeded. Light should be of the lowest intensity required. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground.
L. 
Falling ice. All commercial WECS within minimum setback distance of a public road shall be shut down for the duration of any freezing ice storm.
M. 
Visual impact. The applicant shall use measures to reduce the visual impact of wind turbines to the fullest extent possible. Commercial wind energy system projects shall use tubular towers and all systems in a project shall be finished in a single, non-reflective matte finish color or camouflage scheme. Individual wind energy systems within a project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the project, thus exhibiting reasonable uniformity in overall turbine size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. Nacelles may have lettering that exhibits the manufacturer and/or owner's identification. The wind system owners shall be responsible for maintaining the appearance of windmills, buildings and grounds. If the Sodus Code Enforcement Officer or other Town designee determines systems, buildings and/or grounds require maintenance; the owners of such commercial WECS will be given 120 calendar days to complete the required maintenance. Failure to complete required maintenance in accordance with this article shall be in violation of this article.
A. 
Six copies of the application shall be submitted to the Code Enforcement Clerk, plus one additional copy for each involved or interested agency. Payment of all application fees, including any fees for variance application if not already paid, shall be made at the time of application submission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
If the application is deemed incomplete, the Town Board, Planning Board, Zoning Board of Appeals and/or their designated reviewer(s) shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless the number of commercial WECSs proposed is increased.
C. 
Upon submission of a complete application, the Code Enforcement Clerk shall transmit the application to the Town Board. The application shall be referred to the Planning Board in accordance with this Zoning Ordinance. If the application requests a variance, the application shall also be referred to the Zoning Board of Appeals in accordance with this Zoning Ordinance.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See also Ch. 135, Zoning.
D. 
The Town Board shall hold at least one public hearing on the application. Notice shall be given by legal notice published in the official newspaper of the Town of Sodus at least five days before the date set for a public hearing; written notice by first-class mail to the applicant at the address given in the application to be considered; and written notice by first-class mail to all property owners within 300 feet of the outside perimeter or boundary line of property involved in the application of the time, date, and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owners at the tax billing address listed on the property records of the Town Assessor. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
E. 
The public hearing may be combined with public hearings on any environmental impact statement or requested variances.
F. 
Notice of the project shall also be given, when applicable, to 1) the Wayne County Planning Board, if required by General Municipal Law §§ 239-l and 239-m, and 2) to adjoining Towns under Town Law § 264.
G. 
The Town may require an escrow agreement for the engineering and legal review of the applications and any environmental impact statements before commencing its review.
H. 
Upon receipt of the report of the recommendation of the County Planning Board (where applicable), and the report of the recommendation of the Town Planning Board, and the report of the recommendation of the Zoning Board of Appeals (where applicable), the holding of the public hearing, and the completion of the SEQRA process, the Town Board may approve, approve with conditions, or deny the application.
In addition to the aforereferenced requirements, a commercial WECS shall contain the following components, showings and requirements:
A. 
Qualified wind generators. Evidence of certification by a nationally recognized testing laboratory as meeting the safety and performance of a nationally or internationally recognized testing institution.
B. 
Wind generators must not be mounted on any preexisting structure without engineering analysis showing compliance with the International Building Code and certified by a licensed professional mechanical, structural or civil engineer demonstrating that the tower and foundation meets or exceeds requirement to withstand the most stringent wind load conditions for structures as set forth in the New York State Building Code or other locally adopted code appropriate for the installation location.
C. 
Electrical components. Electrical components of the systems such as charge controllers, batteries, wiring, and metering equipment must be certified as meeting the requirements of any relevant national and state codes and standards.
D. 
Interconnection. If the WECS is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnection by any applicable power company. All systems must have an appropriate interconnection agreement with the utility and the commercial WECS must be installed in compliance with that agreement.
E. 
No commercial WECS shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Town indicating the degree of expected interference and the possible effect on the microwave communications link.
F. 
No WECS facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antennas (including residential reception antennae) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.
G. 
No commercial WECS shall be installed in a location where the impact on the neighborhood character is determined by the Town Board to be detrimental to the general neighborhood character.
H. 
Guy wires shall not be used to anchor commercial WECS wind turbine towers.
I. 
The WECS facility and equipment shall not be used for displaying advertising except for small and reasonable identification of the manufacturer or operator of the WECS facility (see § 131-27M above).
J. 
The design of any WECS facility building(s) or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will allow the facility to blend into the natural setting and existing environment.
K. 
WECS facility shall comply with all applicable state and federal regulations including Federal Aviation Administration and state and federal environmental requirements.
A. 
No wind turbine shall be permitted which lacks automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, and turbine components or enclosed shelter.
B. 
Procedures for emergency shutdown of power generation units shall be established and shall be posted prominently and permanently at a location near the entrance to the commercial WECS facility site. Applicant shall post an emergency telephone number so that the appropriate person(s) may be contacted should any WECS facility need immediate attention. This telephone number shall be clearly visible on a permanent structure(s) or post(s) located outside the fall zone of the tower. The location should be convenient and readily noticeable to someone likely to detect a problem (example: adjacent to a public way).
C. 
Energy towers shall have lightning protection.
A wind turbine shall not be artificially lighted except to ensure human safety as required by the Federal Aviation Administration (FAA). Lower disturbance level lighting schemes shall be used when recommended by nationally recognized institutions.
All power transmission lines from the WECS facility between towers and to on-site transfer stations shall be located underground.
A. 
If any WECS remains non-functional or inoperative for a continuous period of one year, the applicant agrees that, without requiring further action by the Town, the applicant shall decommission and remove said system at its own expense. Removal of the system shall include at a minimum the removal of the entire aboveground structure, including transmission equipment and fencing, from the property and revegetation. The applicant shall notify the Town Supervisor of the Town of Sodus in writing within 30 days of the discontinuance of the use of said facility. Failure to notify and/or remove the non-functional or inoperative or unused turbines and accessory structures in accordance with these regulations shall be a violation of this law.
B. 
Non-function or lack of operation may be proven or inferred by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Town Board and Planning Board all reports to and from the purchaser of energy from individual WECS, if requested, necessary to prove the WECS is functioning or not functioning, which reports may be redacted as necessary to protect proprietary information.
C. 
Decommissioning bond or fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town of Sodus, in an amount and form to be determined by and subject to approval of the Town, for the removal of nonfunctional towers and appurtenant facilities and restoration of the site, for as long as the facility exists. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully funded before a building permit is issued. The amount of the bond or security fund shall be no less than 125% of the cost of removal of the facilities and the restoration of the site.
D. 
Transfer. No transfer of any commercial WECS or WECS facility or special use permit, nor sale of the entity owning such facility, including the sale of more than 50% of the stock of such entity (not counting sales of shares on a public exchange), will occur without prior approval of the Town, which approval shall be granted upon written acceptance of the transferee of the obligations of the transferor under this section, and the transferee's demonstration, in the sole discretion of the Town Board, that it can meet the technical, legal and financial obligations of the transferor, including continuation of performance bond and insurance coverage requirements without interruption.
A. 
Operation. 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 other permit conditions. Should a 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 Planning Board or Town Board. The applicant shall have 90 days after the date of written notice by the issuer of the notice, to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days.
B. 
Inspection. The Town may require that the applicant obtain at its expense an inspection of the commercial WECS facility for structural and operational integrity by a New York State licensed professional engineer, and to submit a copy of the inspection report to the Town Board. If such report recommends repairs or maintenance, the owner shall provide the Town Board with a written schedule acceptable to the Town for completion of said repairs or maintenance and insure that such repairs or maintenance are completed in accordance thereto.
C. 
Notwithstanding any other abatement provision under this article, and consistent with the above, if the WECS is not repaired or made operational or brought into permit compliance within the time frames set forth herein, the Town Board may, after a public meeting at which the applicant or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance 1) order either remedial action within a particular time frame, or 2) order revocation of the special permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the Decommission Plan to remove the WECS.
A. 
Existing roadways shall be used for access to the WECS facility site whenever possible, or, if new road(s) must be constructed, the amount of land utilized for new road construction shall be minimized so as to lessen any adverse environmental impact. In the case of constructing roadways, they shall be constructed and maintained in a way that allows for the passage of emergency vehicles in the event of an emergency.
B. 
Construction and delivery vehicles for the WECS facility shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include 1) minimizing traffic impacts from construction and delivery vehicles; 2) minimizing WECS related traffic during times of school bus activity; 3) minimizing wear and tear on local roads; and 4) minimizing impacts on local business operations. Permit conditions may require remediation during construction, limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to affected municipalities and public.
C. 
The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a WECS facility. The Town may require a public improvement bond to be posted by the applicant prior to the issuance of any building permit in an amount and form determined by the Town to compensate the Town for any damage to local roads.
Prior to issuance of a special permit for a commercial WECS and during construction and continuing thereafter until such facility is removed from the site, the applicant shall provide, on a yearly basis, documentation satisfactory to the Town of Sodus, certifying that the owner of the site currently carries liability insurance coverage for property damage, public highway damage, injury or death resulting from the construction, placement, use, maintenance, operation of said commercial WECS facility. Liability insurance coverage shall have reasonable limits as determined by the Town Board in consultation with the Town's insurer and the Town of Sodus shall be named as an additional insured on such general liability policy.
A. 
Any violation of this article or of any order, requirement decision or determination issued by the Code Enforcement Officer, his/her agent or designee pursuant to this article is hereby declared to be a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. Each day the violation continues shall be deemed to be a separate and distinct violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding to prevent, correct or restrain any violation of this article.
Fees for applications and permits under this article shall be established by resolution of the Sodus Town Board.[1] The applicant may be required to reimburse the Town for costs incurred to review and execute a wind turbine project.
[1]
Editor's Note: See Ch. A137, Fees.
Wind farm properties shall be assessed and taxed like any other commercial enterprise. However, each taxing agency shall have the right to grant tax incentives and/or exemptions to encourage the use of renewable wind energy systems.
The Town may require, as a condition precedent to the issuance of any special permit or approval, that the applicant enter into a host community package acceptable to the Town of Sodus to provide payment to the Town for the environmental and economic impact of the WECS.
Should any section, paragraph, sentence, clause, word, part or provision of this article be declared void, invalid or unenforceable for any reason, such declaration shall not affect the validity of any other part of this article which can be given effect without the part(s) declared void, invalid or unenforceable.