A.
To promote the effective and efficient use of the Town's wind
energy resources through wind energy conversion systems (WECS) and
to regulate the placement of such WECS so that the public health,
safety, and welfare are not jeopardized.
B.
Wind energy is an abundant, renewable, and nonpolluting energy resource
and its conversion to electricity will reduce dependence on nonrenewable
energy resources and decrease the air and water pollution that results
from the use of conventional energy sources.
C.
The generation of electricity from properly sited wind turbines 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.
D.
This article is designed to properly regulate and site wind energy
facilities and thus deal with potential problems they can create including:
aesthetic impacts, drainage problems, harm to farmlands, a risk to
bird and bat populations, risks to the property values of adjoining
properties, significant noise, traffic problems during construction,
and electromagnetic interference with various types of communication.
A.
ACCESSORY FACILITIES OR EQUIPMENT
AGRICULTURAL LAND
ENVIRONMENTAL ASSESSMENT FORM ("EAF")
LARGE WIND ENERGY CONVERSION SYSTEM
NON-PARTICIPATING RESIDENCE
OVERSPEED CONTROL
PARTICIPATING RESIDENCE
PERMANENT WIND MEASUREMENT TOWER
PUBLIC ROAD
SITE
SMALL WIND ENERGY CONVERSION SYSTEMS
STATE ENVIRONMENTAL QUALITY REVIEW ACT ("SEQRA")
TEMPORARY WIND MEASUREMENT TOWER
TOTAL HEIGHT
TOWER
VERY SMALL WIND ENERGY CONVERSION SYSTEM
WIND ENERGY CONVERSION SYSTEM
WIND ENERGY FACILITY
As used in this article, the following terms shall have the meanings
indicated:
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 facility.
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, as defined in Subdivision 13 of New York Agriculture and
Markets Law § 301, and timber processing, as defined in
Subdivision 14 of New York Agriculture and Markets Law § 301.
Such operations may consist of one or more parcels of owned or rented
land which may be contiguous or noncontiguous to each other. The use
of land for agricultural production purposes, including tilling of
the soil, dairying, pasture, animal and poultry husbandry, apiculture,
arboriculture, horticulture, floriculture, viticulture, and accessory
uses for packing, storing, processing and retail sales of products,
provided that the operation of any such accessory uses shall be secondary
to that of the principal agricultural production activities.
A form used in the environmental review process under the
State Environmental Quality Review Act ("SEQRA") as that term is defined
in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
A wind energy conversion system ("WECS") consisting of one or more wind turbines, towers, and associated control or conversion electronics which has a rated capacity greater than 150 kilowatts and is intended to supply some portion of its produced electrical power for sale to a power grid. WECS with a rated capacity of 25 megawatts or more are governed by Article VI, § 94-C of the New York State Executive Law.[1]
Any dwelling for habitation, either seasonally or permanently,
by one or more persons that have not entered into any agreement with
a wind energy developer to allow for a WECS on or near their property.
A residence may be part of a multi-dwelling or multi-use building
and shall include buildings such as hotels, hospitals, motels, dormitories,
sanitariums, long term care facilities, schools or other buildings
used for educational purposes, or correctional institutions.
A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
Any dwelling for habitation, either seasonally or permanently,
by one or more persons that has entered into an agreement with a wind
energy developer to allow a WECS on or near their property. A residence
may be single-family or may be part of a multi-dwelling or multi-use
building and shall include buildings such as hotels, hospitals, motels,
dormitories, sanitariums, long term care facilities, schools or other
buildings used for educational purposes, or correctional institutions.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction that is installed to
permanently monitor wind conditions for the life of a project.
Any federal, state, county, city, town or village road which
is open to the public, or 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 said private road.
The parcel(s) of land where the WECS is to be placed including
related tower and transmission equipment. The site may be publicly
or privately owned by an individual or 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.
A WECS consisting of one wind turbine, one tower, and associated
control or conversion electronics which has a rated capacity of greater
than 10 kilowatts but not more than 150 kilowatts and a total height
of greater than 50 feet but not more than 125 feet.
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 tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction installed prior to construction
of a WECS for wind site assessment which remains in place for a limited
period of time. The data provided allows the developer to determine
the economic viability of the project as well as to select the optional
type of turbine for the location.
Height of WECS measured from ground elevation to top of tip
of blade in vertical position.
Support structure, including guyed, monopole, and lattice
types, upon which wind turbine or other mechanical device is mounted.
A WECS consisting of one wind turbine, one tower (or other
mounting system), and associated control or conversion electronics
which has a rated capacity of 10 kilowatts or less and a total height
of 50 feet or less.
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine" or "windmill").
A WECS can be commercial or noncommercial. A WECS may include one
or more wind turbines, towers, associated control or conversion electronics,
transformers, and/or maintenance and control facilities or other components
used in the system. The turbine or windmill may be on a horizontal
or vertical axis, rotor, or propeller.
Any WECS or wind measurement tower, including all related
infrastructure, electrical lines and substations, access roads and
accessory structures that are under common ownership or operating
control.
A.
The substantive and procedural requirements of this section shall apply to all wind energy facilities that are not governed by Article VI, § 94-C of the New York State Executive Law which are proposed, operated, modified, or constructed after the effective date of this article. The substantive requirements of this section shall apply to all wind energy facilities proposed, operated, modified, or constructed after the effective date of this article to the extent not overridden by Article VI, § 94-C of the New York State Executive Law.
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 article shall not be required to meet the requirements
of this section, however;
(1)
Any such preexisting wind energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this section prior to recommencing production of energy.
C.
No modification or alteration, excluding regular maintenance and
repair, to an existing wind energy facility shall be allowed without
full compliance with this section.
A.
No wind energy facility shall be constructed, reconstructed, or modified
in the Town of Cato except in compliance with this article.
(1)
Notwithstanding the preceding sentence, where a WECS has been granted
necessary permits, variances or other land use authorizations, and
has been built and is operating under such authorizations, such existing
use(s) may be continued under the terms of such authorization so long
as the use is not changed, extended, enlarged, or structurally altered.
B.
Very small wind energy conversion systems.
(1)
Very small WECS are permitted as accessory uses in the Agricultural
(A), Residential (R) and Waterfront Residential (W) Zoning Districts.
(2)
Very small WECS may be constructed, reconstructed, or modified without
being issued a special use permit.
(3)
A building permit is required for the installation of all very small
WECS.
(4)
Very small WECS must comply with the following safety standards:
(a)
The minimum distance from the ground to the rotor blade tips
shall not be less than 10 feet.
(b)
Each very small WECS shall be equipped with both manual and
automatic controls to limit the rotational speed of the blade within
the design limits of the rotor. Manual electrical and/or over speed
shutdown disconnect switches shall be provided and clearly labeled
on the wind turbine structure. No very small WECS shall be permitted
which 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.
C.
Small wind energy conversion systems.
(1)
Small WECS are permitted in the Agricultural (A) and Residential
(R) Zoning Districts with a special use permit.
(2)
No small WECS shall be constructed, reconstructed, or modified in
the Town of Cato except pursuant to special use permit and site plan
approval from the Planning Board issued in accordance with this article.
(3)
No small WECS wind energy facility shall be constructed, reconstructed,
or modified in except pursuant to a building permit from the Code
Enforcement Officer.
A.
In addition to the requirements for special use permits in Article VII of this chapter, an application for a special use permit for a small WECS shall include the following:
(1)
Name, address, and telephone number of the applicant and land owner
and affidavit of agreement between landowner and facility owner, if
any.
(2)
Address or other property identification of each proposed facility
including Tax Map number, existing use and acreage of parcel, and
zoning designation.
(3)
A description of the facility and project including data pertaining
to the tower's safety and stability, including safety results
from test facilities and certification from the turbine manufacturer
that the turbine is manufactured to operate at safe speeds, and the
make, model, a picture, and manufacturing specifications including
noise decibel data and maximum rated capacity.
(4)
Vertical drawing of the WECS showing total height, turbine dimensions,
tower and turbine colors, ladders, distance between the ground and
the lowest point of any blade, and the location of climbing pegs and
access doors.
(5)
A plot plan prepared by a licensed surveyor or engineer drawn in
sufficient detail to clearly show the following:
(a)
Property lines, physical dimensions of the site, and the location,
dimensions and types of existing structures and uses on the site.
(b)
Public roads and access roads.
(c)
Adjoining properties within 500 feet of the site including zoning
designations, residences, schools, churches, hospitals, and libraries
within 1,000 feet of each tower.
(d)
The proposed location, elevation, and total height of the WECS.
(e)
Above- and below-ground utility lines within a radius of 1.5
times the total height of the WECS.
(f)
Setback lines.
(g)
All other proposed facilities on the site including transformers,
electrical lines, storage or maintenance units, ancillary equipment
or structures, transmission lines, and fencing.
(6)
A full Environmental Assessment Form ("EAF") and visual EAF addendum.
(7)
A copy of written notice of the application to the Federal Aviation
Administration ("FAA"), microwave communications link operators, and
electric utilities, including utility interconnection data and a proposed
lighting plan to be reviewed by the FAA showing FAA required lighting,
if applicable and other proposed lighting.
(8)
A detailed fire control and prevention and emergency response plan
to coordinate with local emergency response providers.
(9)
A preliminary transportation plan describing ingress and egress to
the proposed project site to deliver equipment and provide access
during and after construction. Such plan shall describe any anticipated
improvements to existing roads, bridges, or other infrastructure,
as well as measures which will be taken to restore damaged or disturbed
access routes following construction.
(10)
A survey map showing federal, state, county or local parks,
recognized historic or heritage sites, state-identified wetlands,
or important bird areas within a radius of five miles, as identified
in federal, state, county, local or New York Audubon's GIS databases
or other generally available documentation.
(11)
A list of property owners, with their mailing addresses, within
500 feet of the outer boundaries of the proposed site.
(12)
Studies or reports on:
(a)
Visual impact. This shall include a computerized photographic
simulation showing the site fully developed and demonstrating any
visual impacts from strategic vantage points. Color photographs of
the proposed site from at least two locations accurately depicting
the existing conditions shall be included. The study shall also indicate
the color treatment of the facility's components and any visual
screening incorporated into the project that is intended to lessen
visual prominence.
(b)
Noise. This shall include a description and map of the project's
noise-producing features and the noise-sensitive environment, including
the range of noise levels and the tonal and frequency characteristics
expected. The report shall include noise levels at property lines,
off-site residences, and any other sensitive noise-receptors, i.e.,
hospitals, libraries, schools, and places of worship, with identification
of potential problem areas. The report shall cover low frequency,
A-weighted, pure tone, and repetitive/impulsive noise. It shall also
include a report prepared by a qualified professional that analyzes
the preexisting ambient noise. The report shall describe the project's
proposed noise-control features, including specific measures proposed
to protect construction workers and mitigate noise impacts for sensitive
receptors, consistent with levels in this article.
(c)
Electromagnetic interference. This shall include an analysis
of the potential for electromagnetic interference with microwave,
radio, television, personal communication systems, 911, and other
wireless communication.
(d)
Avian impact. This shall include an analysis of bird and bat
migration, nesting, and habitat that would be affected by the proposal.
The applicant shall solicit input from the New York State Department
of Environmental Conservation on such studies and shall follow any
pertinent protocols established, adopted, or promulgated by the Department.
(e)
Geotechnical impact. This shall at a minimum include an analysis
of soils engineering and engineering geologic characteristics of the
site based on on-site sampling and testing, foundation design criteria
for all proposed structures, slope stability analysis, grading criteria
for ground preparation, cuts and fills, and soil compaction.
(f)
Engineer's report. This shall be prepared by a professional
engineer licensed in New York State and provide information regarding:
[1]
Ice throw. The report shall calculate the maximum distance that
ice from the turbine blades could be thrown.
[2]
Blade throw. The report shall calculate the maximum distance
that pieces of the turbine blades could be thrown.
[3]
Catastrophic tower failure. The report shall include a statement
from the turbine manufacturer detailing the wind speed and conditions
that the turbine is designed to withstand.
[4]
Certification by a registered New York State professional engineer
that the foundation and tower design are sufficient to withstand wind-loading
requirements for structures as established by the New York State Uniform
Construction Code.
(g)
Shadow flicker. This shall identify locations where shadow flicker
may interfere with off-site residences and roadways and the expected
duration of the flicker. The study shall identify measures that shall
be taken to eliminate or mitigate the problem.
(h)
Land use and water impacts. This shall detail potentially impacted
wetlands, surface water and groundwater resources, and the geology
and land use of the site.
A.
Application. Applicants for a special use permit for a small WECS
must submit the application to the Code Enforcement Officer, who shall
within 30 calendar days determine if all required information is included
in the application. If the application is incomplete, the applicant
will be provided with a written statement detailing the missing information.
If the application is complete, the Code Enforcement Officer will
forward the application to the Planning Board.
B.
Review procedure. In addition to the requirements of this article, the procedure and criteria for the Planning Board's review and approval of a special use permit for a small WECS shall be in accordance with the procedures in Article VII.
C.
Findings. To grant the special use permit, the Planning Board must
find that the wind energy facility will not unreasonably interfere
with the Town's orderly land use and development plans, the benefits
to the applicant and the public exceed the burdens, the project is
not detrimental to the public health, safety, or general welfare of
the community, and the project complies with all of the relevant provisions
of the zoning ordinance or will comply with those requirements based
on conditions that may be attached to the approval unless variances
have been granted.
A.
Any applicant for a wind energy project of more than 10 kilowatts
shall complete an Environmental Impact Statement (EIS) in accordance
with SEQR or other state equivalent pursuant to 6 NYCRR Part 617.
B.
In addition to any other requirements mandated in 6 NYCRR Part 617,
the EIS shall include the following:
(1)
A detailed construction and installation plan for the wind energy
facility including: a construction schedule, hours of operation, routes
to be used by vehicles, gross weights and heights of vehicles, traffic
impacts, drawings of access roads, adverse sound impacts, a detailed
plan for disposal of debris, and the name and phone number of a contact
person in the field.
(2)
An operation and maintenance plan that provides for regular maintenance
schedules for the small WECS and any special maintenance requirements.
(3)
A final transportation plan describing ingress and egress to the
project site to deliver equipment and provide access during and after
construction. Such plan shall describe any anticipated improvements
to existing roads, bridges, or other infrastructure, as well as measures
which will be taken to restore damaged or disturbed access routes
following construction.
(5)
A landscaping plan showing the current vegetation, describing the
area to be cleared, listing the specimens proposed to be added, and
detailing regrading and restoration measures to be taken after construction
according to New York State Agriculture and Markets and New York State
Department of Environmental Conservation guidelines. The plan should
also include details regarding how erosion and sediment control will
be dealt with.
C.
Hearings. The Planning Board shall conduct at least one public hearing
on the Draft EIS with notice given to the public in the accordance
with 6 NYCRR Part 617.12(c)(2).
A.
Safety standards.
(1)
The total height of each small WECS shall not be more than 125 feet.
(2)
The minimum distance from the ground to the rotor blade tips shall
not be less than 15 feet.
(3)
Small WECS shall not be climbable up to 10 feet above the ground.
This can be achieved through anti-climbing devices or a fence around
the tower with locking portals at least six feet high.
(4)
All access doors on towers or to electrical equipment shall be locked
or fenced.
(5)
There shall be clearly visible signs on all small WECS, electrical
equipment warning of electrical shock or high voltage and harm from
revolving machinery. Signage shall also include a twenty-four-hour
emergency contact number.
(6)
Small WECS shall comply with all applicable FAA requirements for
air traffic warning lights.
(7)
No artificial lighting shall be allowed on small WECS except to the
extent required by the FAA or other air safety authority. Minimal
ground level security lighting is permitted.
(8)
Each small WECS shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within the design
limits of the rotor. Manual electrical and/or overspeed shutdown disconnect
switches shall be provided and clearly labeled on the wind turbine
structure. No small WECS shall be permitted which lacks an automatic
braking, governing, or feathering system to prevent uncontrolled rotation,
overspeeding, and excessive pressure on the tower structure, rotor
blades, and turbine components.
(9)
The Planning Board may require a reasonable setback for ice throw based upon the report submitted pursuant to § 114-55A(12)(f)[1] herein.
B.
Siting and installation.
(1)
Road access to project site. Subject to the property owner's
preference, entrances to access roads must be gated and kept locked.
The applicant must only use designated traffic routes established
in the application review process. Routes should be chosen to minimize
traffic impacts taking into consideration wind energy facility related
traffic during school bus times, wear and tear on local roads, and
impacts on local businesses. Existing roads should be used to the
extent possible or if new roads are needed they should minimize the
amount of land used and the adverse environmental impacts. The applicant
is responsible for remediation of any damaged roads due to siting
and installation of the wind energy facility.
(2)
Power lines. Power lines between turbines and any other buildings
or structures should be completely underground. Power lines for connection
to the public utility company and transmission poles, towers, and
lines may be aboveground.
(3)
Connection of transmission lines from the wind energy facility to
local distribution lines.
(a)
No construction of any small WECS shall be started until evidence
is given of a signed interconnection agreement or letter of intent
with an interconnecting utility company.
(b)
The wind energy facility shall meet the requirements for interconnection
and operation as set forth in the electric utility's then current
service regulations applicable to wind power generation facilities.
(c)
Transmission lines and points of connection to local distribution
lines should be combined to the extent possible. The wind energy facility
should be connected to existing substations if possible, or if new
substations are needed, the number should be minimized.
(4)
Any construction on agricultural land shall be conducted according
to the New York State Department of Agriculture and Markets "Guidelines
for Agricultural Mitigation for Wind Power Projects" and shall not
be located on active farmland and shall be located towards the edge
of fields and tillage acreage to the fullest extent practical. Prime
agricultural soils and soils of statewide significance shall also
be avoided.
C.
Setbacks.
(1)
Each small WECS shall be set back 1.5 times tower height from all
existing residences, structures, and buildings on a nonparticipating
landowner's property.
(2)
Each small WECS shall be set back 1.5 times tower height from the
nearest school, hospital, church, or public library.
(3)
Each small WECS shall be set back 1.5 times tower height from all
property lines, overhead utility or transmission lines, other towers,
electrical substations, meteorological towers, and public roads.
(4)
Waivers. Setbacks may be waived by the Planning Board if there is
written consent from the affected property owners at the beginning
of construction stating that they are aware of the small WECS and
the setback limitations imposed by this article and that their consent
is granted to allow reduced setbacks.
(5)
In order to advise all subsequent owners of the burdened property,
the consent, in the form required for an easement describing the benefited
and burdened properties, must be recorded in the County Clerk's
office. The easement shall be permanent and may not be revoked without
the consent of the Town Board, which consent shall be granted upon
either the completion of decommissioning of the benefitted small WECS
in accordance with this article, or the acquisition of the burdened
parcel by the owner of the benefitted parcel. If written consent is
not obtained, a variance from the Zoning Board of Appeals shall be
required to waive setback requirements.
D.
Nuisance.
(1)
Noise:
(a)
The noise level generated by a small WECS shall not exceed 45
A-weighted decibels ("dBA") for more than six minutes out of any one-hour
time period, or exceed 50 dBA for any time period, as measured at
the site property line of a nonparticipating residence.
(b)
The noise level generated by a small WECS must also not increase
ambient sound levels by more than 3 dBA at any sensitive noise receptors,
including residences, hospitals, libraries, schools, and places of
worship, within 2,500 feet of the site property line.
(c)
If the ambient noise level measured at the site property line
exceeds the standard, the standard shall be equal to the ambient noise
level plus 3 dBA.
(d)
Independent certification shall be required after construction
demonstrating compliance with this requirement.
(2)
Interference with electromagnetic communications, radio signals,
microwave and television signals. No wind energy facility shall be
installed in any location where its proximity with microwave communications,
fixed broadcast, retransmission or reception antenna for radio, wireless
phone, or other personal communications systems would produce substantial
electromagnetic interference with signal transmission or reception.
Any interference with television signals shall be mitigated by the
wind energy developer.
E.
Environmental and visual effects.
(1)
Advertising. No advertising shall be allowed on any part of the wind
energy facility including the fencing and support structures. No lettering,
company insignia, brand names, logo, or graphics shall be allowed
on the tower or blades. Reasonable identification of the turbine manufacturer,
facility owner, and facility operator is permitted.
(2)
Colors and surfaces of small WECS. Colors and surface treatment of
all small WECS shall minimize visual disruption by using white, beige,
off-white, gray, or another nonreflective, unobtrusive color. Subject
to the preceding sentence and all applicable FAA requirements other
small WECS components (excluding the tower and blades) shall make
use of materials, textures, screening, and landscaping that blend
the facility into the natural setting and existing environment to
the extent practicable.
(3)
Landscaping. Subject to the landowner's preference, the landscaping
of the wind energy facility should be appropriate to screen accessory
structures from roads and adjacent residences. It should be designed
to minimize the impacts of land clearing and loss of open space.
(5)
Visual setbacks. Small WECS should be set back from the tops of visually
prominent ridgelines and designed and located to minimize adverse
visual impacts to neighboring residential areas. Small WECS shall
not be installed in any location that would substantially detract
from or block the view of all or a portion of a recognized scenic
vista as viewed from any public viewing areas such as public parks,
roads, trails, or open space.
(6)
Shadow flicker. Small WECS shall be located in a manner that makes
reasonable efforts to minimize shadow flicker to any occupied building,
residences, or roadway on a nonparticipating landowner's property.
Wind energy developers shall be required to undertake reasonable mitigation
measures for shadow flicker in accordance with the preferences of
the land owner provided it allows the continued operation of the small
WECS. This mitigation obligation shall be incorporated into any special
use permit approval.
F.
Operation.
(1)
Maintenance. The owner of the small WECS shall submit an annual report
of operations and maintenance to the Code Enforcement Officer.
(a)
All small WECS must be maintained in operational condition meeting
all of the requirements of this article and other permit conditions
at all times, subject to reasonable maintenance and repair outages.
If the small WECS becomes inoperative, damaged, unsafe, or violates
a permit condition or standard, the owner/operator shall remedy the
situation within 90 calendar days after written notice from the Code
Enforcement Officer. The Code Enforcement Officer may extend the period
by an additional 90 calendar days if good cause can be shown by the
owner.
(b)
If the small WECS is not repaired or brought into permit compliance
within the time frame stated above, the Planning Board may, after
a public hearing, order remedial action or revoke the special use
permit and order removal of the small WECS within 90 calendar days.
(2)
Inspections. All wind energy facilities shall be inspected annually
for structural and operational integrity by a New York State licensed
professional engineer, who has been approved by the Town. The Town's
Code Enforcement Officer and a New York State licensed engineer have
the right to enter the premises of the wind energy facility at any
reasonable time to inspect the small WECS for the purpose of said
annual inspection.
A.
Abatement and decommissioning.
(1)
If the wind energy facility is not operated for a continuous period
of 12 months, the Code Enforcement Officer will contact the applicant
by registered mail and provide 45 calendar days for a response. The
applicant is required to respond and set forth reasons for the stoppage
and a timetable for action. If the Code Enforcement Officer has made
all reasonable efforts to notify the applicant but the applicant does
not satisfactorily respond, the Code Enforcement Officer can request
the Town Board to contract for removal and restoration using the money
in the decommissioning bond, after salvage value, and charge the applicant
any difference in cost.
B.
Decommissioning and site restoration plan.
(1)
The plan shall include:
(a)
The anticipated life of the small WECS;
(b)
Triggering events for decommissioning and removal;
(c)
The estimated decommissioning costs in current dollars, determined
by a professional engineer licensed in New York State. The engineer
selected shall be mutually agreed upon by both the Town and the WECS
operator, and the cost of the engineer's services shall be billed
to the WECS operator;
(d)
How the estimate was determined;
(e)
Provision for a re-estimate of such decommissioning costs every
five years by a professional engineer licensed in New York State.
The engineer selected shall be mutually agreed upon by both the Town
and the WECS operator, and the cost of the engineer's services
shall be billed to the WECS operator; and
(f)
The manner in which the small WECS will be decommissioned and
the site restored including removal of all structures, turbines, cabling,
electrical components, debris, and foundations to a depth of 36 inches,
restoration of the soil and vegetation, and restoration of roads and
driveways, less any fencing or residual minor improvements requested
by the landowner.
C.
Bond.
(1)
A decommissioning bond payable to the Town of Cato in an amount to be determined by the engineer, as set forth in Subsection B(1) herein, for removal of nonfunctional small WECS and restoration of the wind energy facility site shall be maintained by the applicant.
(2)
The bond, letter of credit, or other equivalent form of security
must be confirmed to be sufficient to cover decommissioning and site
restoration costs every five years.
A.
Prior to issuance of a building permit for a small WECS, the applicant
shall provide the Code Enforcement Officer with proof of a general
liability insurance policy at a level to be determined by the Town
Board in consultation with the Town's insurer, to cover damage
or injury that might result from failure of any part of the WECS.
A.
If ownership of a small WECS changes, the new owner must present
full contact information and proof to the Code Enforcement Officer
that all required bonds and insurance policies remain in full force
30 calendar days prior to the transfer of ownership.
B.
Any replacement of or modification or alteration to a small WECS,
excluding regular maintenance and repair, requires an amendment to
the special use permit, which amendment shall not be unreasonably
withheld.
C.
Replacement of a small WECS may occur without Planning Board approval
when there will be:
A.
The Town Board acknowledges that prior to construction of a small
WECS, a wind site assessment is conducted to determine the wind speeds
and the feasibility of using particular sites. Installation of wind
measurement towers, also known as anemometer towers, shall be permitted
as a special use in the Agricultural (A) or Residential (R) Zoning
Districts.
B.
Anyone seeking to build a temporary or permanent wind measurement
tower must submit an application for a special use permit to the Planning
Board. The special use permit for a temporary wind measurement tower
is valid for up to two years and may be renewed.
(1)
An application for a wind measurement tower shall include:
(a)
Name, address, and telephone number of the applicant.
(b)
Name, address, and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that the property owner is familiar with the proposed applications
and authorizing the application.
(c)
Address of each proposed tower site, including Tax Map section,
block, and lot number.
(d)
Site plan.
(e)
Decommissioning plan, based on the criteria in this article
for small WECS, including a security bond or cash for removal.
C.
Wind measurement towers must be set back from property lines at least
1.5 times the total height of the tower and shall not be located on
active farmland and shall be located towards the edge of fields and
tillage acreage to the fullest extent practical. Prime Agricultural
Soils and Soils of Statewide Significance shall also be avoided.
D.
Removal.
(1)
Temporary wind measurement towers shall be removed no later than
date applicable special use permit expires.
(2)
Subsequent to removal of temporary or permanent wind measurement
towers, installation sites shall be restored to a condition substantially
similar to the site's condition upon installation of wind measurement
tower.
A.
The Town Board shall appoint such Town staff, including the Code
Enforcement Officer, or outside consultants as it sees fit to enforce
this article.
B.
During construction, the Code Enforcement Officer may issue a stop-work
order at any time for violations of this chapter, the special use
permit, building permit, or site plan approval.
C.
Any person owning, controlling, or managing any building, structure, or land who undertakes a wind energy facility in violation of this article or in noncompliance with the terms and conditions of any permit issued pursuant to this article, or any order of the Code Enforcement Officer, and any person who assists in so doing, shall be guilty of a violation and subject to the fines, penalties, and procedures in Article XIV of this chapter.
D.
In case of any violation or threatened violation of any of the provisions of this article, including any permits issued pursuant to this article, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation to prevent the illegal act in accordance with the provisions in Article XIV of this chapter.
