[HISTORY: Adopted by the Town Board of the Town of Red Hook at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Disaster plan — See Ch. 60.
Environmental quality review — See Ch. 68.
Subdivision of land — See Ch. 120.
Zoning — See Ch. 143.
This chapter shall be known as the "Power Plant Site Study Law of the Town of Red Hook."
This chapter is adopted in order to promote the protection, well-being, safety, health and general welfare of the residents of the Town of Red Hook by regulating site studies and related activities for the location, construction and erection of power plant facilities and structures within the Town of Red Hook.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
APPLICATION FEE
That sum of money paid by the applicant upon submission of the application for a license as payment for all costs to the town to determine validity, adequacy and completeness of the material required to be submitted. The application fee shall be based upon an estimate of costs and shall be set at a minimum as established from time to time by resolution of the Town Board, payable at time of application to the Town Clerk, Town of Red Hook, and marked as "application fee." The "application fee" shall be deposited in a special account maintained by the Supervisor of the Town of Red Hook, and the moneys shall be invested at interest. Any moneys not expended by the Town of Red Hook under the provisions of this chapter shall be returned to the applicant, together with any interest earned on the moneys so deposited.
LICENSE or PERMIT
These terms may be used interchangeably and shall be understood to mean approval by the Town of Red Hook for an applicant to perform site studies within the Town of Red Hook pursuant to the specifications and regulations hereinafter set forth.
POWER PLANT
A facility for the generation of electric power, powered by nuclear energy, fossil fuel or by other means, or any portion of a supporting facility related to such a plant, including land areas forming the boundary of the actual facility and supporting facilities and all other land areas incorporated by said plant, including but not limited to buffer zones. A micro hydropower facility as defined in § 143-4 of the Town Code shall not be considered to be a "power plant."
[Amended 10-12-2021 by L.L. No. 4-2021]
RENEWAL PERMIT OR LICENSE
An extension of an original permit for a specific time duration which may contain conditions or restrictions different from the previous license or permit.
SITE STUDY
Includes any land survey, geological study, topographical study, studies of meteorology, climatology, air quality, soils, hydrology, biology, seismology or land use or other studies as may pertain to actual, possible or future location of a power plant within the Town of Red Hook.
SUBMISSION OF APPLICATION
This shall occur when the applicant makes available to the town a cover letter and all of the necessary data and material listed in § 100-5 of this chapter, both inclusive. The application shall be reviewed upon submission, and written notice shall be given to the applicant if further documentation shall be necessary. Said additional documentation shall be provided within 30 days. Written notice or failure to notify the applicant shall not constitute acceptance of the application.
TOWN
The Town of Red Hook.
B. 
The word "shall" is always mandatory.
A. 
Any person, partnership, association, corporation, authority or other entity being the owner of or having permission of the owner of any land in the Town of Red Hook shall not begin or allow site study unless a license has been obtained as hereinafter provided.
B. 
The Town Clerk shall issue a permit to be effective from the date of issuance and to continue as valid for a one-hundred-eighty-day period from the date of issuance. The permit may be renewed by the Town Board as hereinafter set forth.
C. 
The Town Clerk shall issue an original permit and/or a renewal permit upon the following conditions:
(1) 
Receipt of a written application from the applicant containing all of the information and provisions required of the applicant as described in § 100-5 of this chapter.
(2) 
Payment of the required fee.
(3) 
A resolution from the Town Board approving issuance of the license.
D. 
A license shall not be renewed until the Town Clerk has received:
(1) 
A written application from the applicant which shall consist of a copy of the original application clearly marked as "renewal request,"so marked on the first page, top center. This application shall be submitted at least two weeks prior to the regular Town Board meeting preceding the expiration date of the previous license or at least two weeks prior to the regular Town Board meeting which precedes the date the applicant desires to have the renewal license become effective.
(2) 
Approval by the Town Board by resolution.
(3) 
Additional fees, if any, as set by the Town Board.
(4) 
Additional information which may be required.
E. 
The original or renewal license shall not be transferable or assignable.
F. 
License or permit fee.
(1) 
The fee for a permit or renewal permit shall be set by the Town Board and shall be based upon the following:
(a) 
The necessity for the town to engage services of qualified professionals or experts to review and report on the application and the facts, allegations or data set forth therein.
(b) 
The estimated cost of supervising the applicant's procedures during site plan study.
(c) 
The cost of compiling and maintaining records and data related to the application and subsequent site study procedures.
(d) 
Any and all other costs which may be reasonably related to said permit.
(2) 
The fee shall be readjusted as required throughout the duration of the renewal period.
(3) 
Fees shall be made payable to the Town Clerk, Town of Red Hook, marked "license fee" or "first renewal license fee." etc.
G. 
Permit cancellation.
(1) 
Failure of the applicant to comply with all provisions of the permit shall be cause for immediate cancellation of the permit.
(2) 
Cancellation of the permit shall be by order of the Town Board and shall be served by written notice on the applicant at the address of the applicant set forth on the application or renewal application.
H. 
Consultants, agents, contractors, workers or others serving the applicant or performing work related to the license are bound by licensing requirements as set forth herein.
I. 
Renewal permits shall not be transferable or assignable.
J. 
Application for renewal of a canceled permit may be made by reapplication as through the renewal process hereinabove set forth.
K. 
A license shall be required for a power plant site study planned or in process prior to the effective date of this chapter.
L. 
Application assistance.
(1) 
An applicant may request consultation with the Planning Board to assist in the application process.
(2) 
Other agencies, committees, commissions, consultants, boards, elected officials, paid employees or others so designated by the Town Board of Red Hook may be appointed to advise and aid the applicant.
A. 
The Town of Red Hook, by its designated agents, shall examine the information submitted by the applicant for a license for power plant site study to determine validity, adequacy and completeness.
B. 
The applicant for a permit or license to perform site studies related to possible erection of power plants must supply the following information related to the site study process. Twenty-five copies of the required information must be made available by the applicant at the time of the submission of the application.
(1) 
A map or maps must be provided which shall designate the specific locations upon which site study is intended. Each map will contain an appropriate legend or key to identify the public properties and individual owners and property boundaries of each landowner whose land is planned for use in a site study. Adjacent individually owned land boundaries and owners shall be identified.
(2) 
Permission of each landowner must be secured, and proper evidence of this fact must be made known.
(3) 
The specific nature of each type of site study and the location of each site study shall be listed.
(4) 
Proof of a written offer to compensate each landowner for the use of each land parcel for the purpose of site study must be made available.
(5) 
The time schedule, starting date and duration related to site study on each land parcel or public property made available.
(6) 
The policy the applicant intends to adopt with regard to compensation related to possible future land acquisition shall be provided.
(7) 
Where the boundaries of the proposed power plant encompass or lie within one or more towns, proper evidence of approval by such towns for site study shall be provided.
(8) 
A map shall be provided which shall identify the most probable boundary of the proposed power plant, including location, length, width and elevations of borders, towers, buildings, roads, railroads, pipelines, transmission lines and related facilities. Individual land parcels and owners shall be listed.
(9) 
The policy of the applicant related to his intention to provide electric power at no cost to the local area shall be made known. Provision for the local availability and utilization of waste energy must be made available.
(10) 
Identification of homesites that will have a view of the most probable location of the proposed power plant shall be made available.
(11) 
The policy or intention of the applicant for the guarantee of payment in lieu of taxes in the event that federal or state authorities assume ownership and/or control of the facility shall be provided so as to guarantee the town's tax base and tax revenue. The applicant shall provide cost schedules and valuation schedules so as to enable the town to properly establish the value of the site and improvements. Pollution abatement and business tax incentives shall be set forth in detail.
(12) 
Provisions for waste disposal shall be clearly delineated and set forth, specifically regarding the safeguards to be used to protect the residents of the town from the same, relative to the length and duration of dangers to be anticipated from said waste.
(13) 
The applicant's plans and provisions for site decommissioning shall be clearly delineated. Plans for management of the site after decommissioning shall be made known in detail.
(14) 
The total project timetable shall be provided by the applicant.
(15) 
Emergency planning related to the proposed site shall be outlined.
(16) 
Use of roads, existing or proposed to be constructed, shall be discussed.
(17) 
Two copies of all governing regulations relevant to the proposed facility shall be provided to the town. These may be federal, state or county regulations and industry standards related to siting, construction and operation.
(18) 
Justification for the site location related to the application shall be provided. Studies and proposals related to alternative site locations closer to the area intended to be served by the power plant shall be addressed.
(19) 
The applicant shall identify most probable hazards and concerns associated with each power plant type and shall address solutions for these hazards and concerns.
(20) 
The applicant shall address the compatibility of the proposed power plant with the rural nature and agricultural resources of this area.
(21) 
The probable impact upon the local community and businesses within this area shall be addressed by the applicant.
(22) 
Plans to bury all service lines, power lines and piping within the county shall be discussed.
(23) 
Consideration shall be given to proposals which provide that the power plant be located underground.
(24) 
The immediate and long-term effects upon property values shall be discussed by the applicant.
(25) 
The applicant shall assume responsibility and liability for damages caused during the applicant's presence or the applicant's agents or consultants presence on private property while engaged in site study and shall provide adequate liability insurance in the sum of $1,000,000/$3,000.000 per occurrence and shall name the town as an insured in such policy of insurance.
The town may deny the application where:
A. 
The activities contemplated by the applicant are detrimental to the affected properties, landowners, residents in the affected area, wildlife and the general ecology of proposed site area to be studied.
B. 
Site studies may be detrimental to or inconsistent with the overall comprehensive plan for land use previously formulated by the town and its current zoning law and regulations.[1]
[1]
Editor's Note: See Ch. 143, Zoning.
The Town Board shall approve or deny the application within 120 days of full and final submission by the applicant.
Any person or corporation or other entity who shall violate this chapter shall be guilty of a violation and, upon conviction, shall be subject to a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the Town of Red Hook may enforce obedience to this chapter or any part thereof by injunction to restrain such violation.