The following temporary structures shall be
deemed to be permitted uses in all zoning districts:
A.
Temporary structures or uses incidental to construction
work, including a nonilluminated sign not exceeding 12 square feet
in area of any contractor, engineer or architect, shall be permitted
for a period of time not to exceed one year, provided that any such
structure shall be removed forthwith upon the completion or abandonment
of the construction work. Any extension of said time limit shall require
the approval of the Concord Zoning Board of Appeals.
B.
The temporary use of a dwelling as a model home shall
be permitted for a period of time not to exceed one year. Any extension
of said time limit shall require the approval of the Concord Zoning
Board of Appeals.
Except for farms or single-family or two-family
residences, any portion or a lot used for open off-street parking
or reservoir space or for open sales, service or storage areas for
motor vehicles, contractor's equipment or boats shall be deemed to
be an automotive use area and shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway
thereto shall be surfaced with a durable material and shall be so
graded and drained as to dispose of surface water accumulation.
B.
Lighting. Any fixture used to illuminate any automotive
use area shall be so arranged as to direct the light away from the
street or road and away from adjoining premises in any R District.
C.
Screening. Every automotive use area, except off-street
parking areas for more than five vehicles, must be screened from any
adjoining lot in any R District:
(1)
Along a street or road line, by a live planting strip
five feet wide; provided, however, that no shrub planting or tree
foliage shall be placed or maintained which obstructs vision at an
elevation between three feet and seven feet above the street or road
level. Such screening may be interrupted by normal entrances and exits.
(2)
Along a rear lot line or an interior side lot line
which abuts an existing or future rear yard or side yard on such adjoining
lots, by a compact evergreen hedge which will reach a height of five
feet within three years or by a solid, uniformly painted fence or
an unpierced masonry wall five feet in height. Such screening shall
be maintained in good condition at all times.
D.
Access. No entrance or exit to any automotive use
area shall be permitted within 30 feet of any intersecting street
or road lines, and, except for off-street parking areas for uses permitted
in any R District requiring fewer than 10 parking spaces, no entrance
or exit shall be permitted within 20 feet of a lot in any R District.
E.
Restriction on use. No automotive use area shall be
used for auto wrecking or for the storage of wrecked, partially dismantled
or junked vehicles or equipment or motor vehicles which do not qualify
for New York State motor vehicle registration.
A.
Where a lot is divided by any zoning district boundary
so as to be in more than one zoning district and where such lot was
an existing lot when such district boundary was established, a conforming
use, occupying 50% or more of the area of said lot and having a street
or road frontage in the district where permitted, may be extended
on such lot not more than 25 feet (measured perpendicular to the district
boundary) into any district where such use is not permitted.
B.
Such use shall be subject to all regulations applicable
to the district where permitted.
No dwelling shall be erected on any lot, which
lot does not have immediate frontage on a street or road, as defined
in this chapter, unless the owner of said lot has a permanent right-of-way
from the street or road with a minimum width of 50 feet.
Where a loading or unloading platform or any
service entrance in a C or M District faces any lot line which coincides
with any R District boundary, such platform or service entrance shall
be effectively screened from such R District in a manner approved
by the Concord Town Board.
[Added 3-6-2008 by L.L. No. 3-2008]
A.
Intent and purpose.
(1)
The Town of Concord recognizes that wind energy
is an abundant, renewable and nonpolluting energy resource of the
Town and that its conversion to electricity will reduce dependence
on nonrenewable energy resources and decrease air and water pollution
that result from the use of conventional energy sources.
(2)
The purpose of these regulations for utility-scale
wind energy conversion systems (WECS) is to ensure that development
of these facilities will have a minimal impact on adjacent properties
and to protect the health, safety and welfare of residents of the
Town.
B.
Application process.
(1)
Prior to construction of any utility-scale WECS,
the project proponent shall first obtain a special use permit and
site plan approval from the Town of Concord Town Board and a building
permit from the Town's Code Enforcement Officer.
(2)
Initial application materials. In order to ensure Town Board input into the parameters of the studies that are required in Subsection B, there will be a two-stage application process. Initially, in addition to the application requirements of the Zoning Ordinance, all applications for a utility-scale WECS shall include the following information:
(a)
Name and address of the applicant.
(b)
Evidence that the applicant is the owner of
the property or has the written permission of the owner to make such
an application.
(c)
A site plan drawn in sufficient detail to show
the following:
[1]
Location of the tower(s) on the
site and the tower height, including blades, rotor diameter and ground
clearance.
[2]
Utility lines, both aboveground
and belowground, within a radius equal to the proposed tower height,
including the blades.
[3]
Property lot lines and the location
and dimensions of all existing structures and uses on site within
1,000 feet of the wind energy conversion systems.
[4]
Surrounding land use and all off-site
structures within 1,000 feet, or 2.25 times the tower height, whichever
is greater, of the wind energy conversion systems.
[5]
Description of the various structural
components of the tower construction, including the base and footing.
[6]
Existing topography.
[7]
Proposed plan for grading and removal
of natural vegetation.
(d)
Full SEQRA environmental assessment form.
(e)
Such additional information as may be reasonably
required by the Town Engineer, Town Planner or Town Board for an adequate
assessment of the proposed project.
(f)
The Town Board may determine that not all of
these application materials are necessary for a particular proposed
project.
(3)
Studies and information required prior to decision
on the application, which would include a detailed property value
study of the surrounding areas. After a review of the environmental
assessment form and the proposed project, the Town Board shall provide
direction to the applicant on the methodology and parameters of the
studies to be provided, below:
(a)
Proposed plan for site restoration after construction,
prepared according to New York State Department of Agriculture and
Markets and New York State Department of Environmental Conservation
guidelines.
(b)
Plan for ingress and egress to the proposed
project site, including:
[1]
A description of the access route
from the nearest state-county-and/or Town-maintained roads.
[2]
Road surface material, stating
the type and amount of surface cover.
[3]
Width and length of access route.
[4]
Dust control procedures during
construction and transportation.
[5]
A road maintenance schedule or
program.
(c)
Detailed construction plan, including but not
limited to construction schedule; hours of operation; designation
of heavy haul routes; a list of material, equipment and loads to be
transported; identification of temporary facilities intended to be
constructed; and contact representative in the field with name and
phone number.
(d)
Erosion and sediment control plan. (A SWPPP
will meet this requirement.)
(e)
Specific information on the type, size, height,
rotor material, rated power output, performance, safety and noise
characteristics of each utility-scale wind turbine model, tower and
electrical transmission equipment.
(f)
Photographs and/or detailed drawings of each
wind turbine model, including the tower and foundation.
(g)
Visual assessment, including a detailed or photographic
simulation showing the site fully developed with all proposed wind
turbines and accessory structures. The Town Board shall determine
which viewpoints the visual assessment shall include.
(h)
Noise analysis. A noise analysis shall be furnished
which shall include the following:
[1]
A description and map of the project's
noise-producing features, including the range of noise levels expected
and the tonal and frequency characteristics expected. The noise report
shall include low frequency, infrasound, pure tone and repetitive/impulsive
sound.
[2]
A description and map of the noise-sensitive
environment, including any sensitive noise receptors, i.e., residences,
hospitals, libraries, schools, places of worship and similar facilities,
within 1,000 feet, or 2.25 times the tower height, whichever is greater,
from any off-site residence.
[3]
A survey and report prepared by
a qualified professional that analyzes the preexisting ambient sound
level (including seasonal variation), including but not limited to
separate measurements of low frequency and A-weighted noise levels
across a range of wind speeds (including near cut-in), turbulence
measurements, distance from the turbines, location of sensitive receptors
relative to wind direction and analyses at affected sensitive noise
receptors located within 1,000 feet, or 2.25 times the height, of
the proposed facilities, as identified by the Town Board.
[4]
A description and map showing the
potential noise impacts, including estimates of expected noise impacts
from both construction and operation, and estimates of expected noise
levels at sensitive receptor locations.
[5]
A description of the project's
proposed noise-control features, including specific measures proposed
to protect workers, and specific measures proposed to mitigate noise
impacts for sensitive receptors consistent with the requirements of
this section.
[6]
Manufacturers' noise design and
field testing data, both audible (dBA) and low frequency (deep bass
vibration), for all proposed structures.
(i)
A geotechnical report shall be furnished which
shall at a minimum include the following:
[1]
Soils and geologic characteristics
of the site, based on on-site sampling and testing, to provide an
assessment of the soil suitability for construction of the proposed
WECS.
[2]
Foundation design criteria for
all proposed structures.
[3]
Slope stability analysis.
[4]
Grading criteria for ground preparation,
cuts and fills, soil compaction.
(j)
Engineer's report, prepared by a professional
engineer licensed in New York State, that provides information regarding
the following potential risks. The results of the engineer's report
shall be used to determine the adequacy of setbacks from the property
line to mitigate any effects from potential ice throw, tower failure
or blade throw.
[1]
Ice throw calculations: a report
that calculates the maximum distance that ice from the turbine blades
could be thrown and the potential risk assessment for inhabitants
and structures. (The basis of the calculation and all assumptions
must be disclosed.)
[2]
Blade throw calculations: a report
that calculates the maximum distance that pieces of the turbine blades
could be thrown and the potential risk assessment for inhabitants
and structures. (The basis of the calculation and all assumptions
must be disclosed.)
[3]
Catastrophic tower failure: a report
from the turbine manufacturer stating the wind speed and conditions
that the turbine is designed to withstand and the potential risk assessment
for inhabitants and structures (including all assumptions).
[4]
Certification by a registered New
York State professional engineer that the tower's design is sufficient
to withstand wind loading requirements for structures or as established
by the New York State Building Code.
(k)
Lighting plan. The applicant shall submit a
lighting plan that describes all lighting that will be required, including
any lighting that may be required by the FAA. Such plan shall include,
but is not limited to, the planned number and location of lights,
light color, whether any such lights will be flashing and mitigation
measures planned to control the light so that it is does not spill
over onto neighboring properties.
(l)
Shadow flicker study. The applicant shall conduct
a study on potential shadow flicker. The study shall identify locations
where shadow flicker may be caused by the WECS and the expected durations
of the flicker at these locations. The study shall identify areas
where shadow flicker may interfere with residences and describe measures
that shall be taken to eliminate or mitigate the problem.
(m)
Study of potential impacts to birds and bats,
using methodology approved by the NYSDEC or another agency acceptable
to the Town Board.
(n)
Decommissioning and site restoration plan.
(o)
FAA notification: a copy of written notification
to the Federal Aviation Administration.
(p)
Utility notification: utility and NYISO interconnection
data and a copy of a written notification to the utility or NYISO
of the proposed interconnection.
(q)
Study of electromagnetic interference with microwave
or other communication or broadcast sources. An application that includes
any wind turbine which is located within two miles of any microwave
communications link shall be accompanied by a study which identifies
any potential impact on microwave or other communication or broadcast
services and describes measures that shall be taken to eliminate or
mitigate any problem.
(r)
Other information. Such additional information,
including a property value study, may be reasonably required by the
Town Engineer, Town Planner or Town Board for an adequate assessment
of the proposed project.
(s)
The Town Board may determine that not all of
these application materials are necessary for a particular proposed
project.
(4)
SEQR review. Pursuant to § 617.13
of the New York State Environmental Quality Review Regulations, the
Town may hire consultants to assist the Town Board in its review of
the potential impacts of a proposed project and the assessment of
impacts provided by the applicant. The Town will charge the applicant
for the cost of such consultant to the extent allowed in § 617.13.
C.
Standards of operation. In addition to the criteria
contained in the Zoning Ordinance, the Town Board shall use the following
criteria to evaluate all utility-scale wind energy conversion systems:
(1)
Setbacks. All utility-scale WECS shall comply
with the following setbacks:
(a)
All wind turbines and towers shall be set back
from property lines a minimum of 1.5 times the height of the structure,
including to the tip of the blade, excluding adjoining lot lines where
both lots are part of the proposed project.
(b)
All wind turbines and towers shall be set back
a minimum of 2,500 feet from the boundaries of any RE, R1, R2, R-12,
R-M or R-RB Zoning District.
(c)
All wind turbines and towers shall be set back
a minimum of 1,000 feet, or 2.25 times the tower height, whichever
is greater, from any off-site residence that exists at the time that
an application for a WECS is made to the Town. For purposes of this
subsection, a residence shall be considered to be in existence if
a building permit for such structure has been issued by the Town's
Code Enforcement Officer, even if construction is not yet completed
and the residence is not yet occupied.
(d)
All wind turbines and towers shall be set back
from all structures and buildings, other than residences, that are
in existence at the time of the application, or for which a building
permit has been issued, a minimum of 1,000 feet, or 2.25 times the
height, of the tower, including to the tip of the blade. The Town
Board may, at its discretion, exempt minor structures such as walls,
fences, tool sheds and similar minor structures from this setback
requirement.
(e)
All wind turbines and towers shall be set back
from any public road right-of-way a minimum of 1.5 times the height
of the structure, including to the tip of the blade.
(2)
Noise. A utility-scale WECS shall not be approved unless the applicant demonstrates that the proposed project complies with the following noise requirements. In order to enable the Town Board to make this determination, the applicant shall submit the noise assessment required in Subsection B.
(a)
Audible noise standards.
[1]
Audible noise due to wind turbine
operations shall not exceed 45 dBA for more than five minutes out
of any one-hour time period or exceed 50 dBA for any time period,
at the boundary of the proposed project site.
[2]
The sound level from the operation
of a utility-scale WECS shall not increase by more than three dBA
the nighttime or daytime ambient sound level at any sensitive noise
receptors, i.e., residences, hospitals, libraries, schools, places
of worship and similar facilities, within 1,000 feet, or 2.25 times
the height, of the proposed turbine and/or at other sensitive receptor
points that may be identified by the Town Board.
(b)
Low frequency noise. A utility-scale wind energy
facility shall not be operated so that impulsive sound below 20 Hz
affects the habitability or use of any dwelling unit, hospital, school,
library, nursing home or other sensitive noise receptor.
(c)
Noise setbacks. The Town Board may impose a
noise setback that exceeds the other setbacks set out in this section
if it deems that such greater setbacks are necessary to protect the
public health, safety and welfare of the community.
(d)
Within one year of commencement of commercial
operation, the project proponent shall submit a noise study of operational
conditions to ensure that the project is in compliance with the standards
of this section. The study shall be based on receptor points identified
during the application review process. In addition to this noise study,
the Town Board may require periodic additional noise studies.
(3)
Noise and setback easements. In the event that a utility-scale WECS does not meet a setback requirement or exceeds the noise criteria above, the Town Board may grant a waiver of the setback and/or noise criteria, except for the setback required by Subsection C(1)(a) in the following circumstances:
(a)
Written consent from the affected property owners
is presented to the Town Board, stating that they are aware of the
WECS and the noise and/or setback limitations contained in this Zoning
Ordinance, and that consent is granted to allow noise levels to exceed
the maximum limits otherwise allowed and/or allow setbacks less than
required; and
(b)
In order to advise all subsequent owners of
the burdened property, the consent, in the form required for an easement,
has been recorded in the Erie County Clerk's Office describing the
benefited and burdened properties. Such easements shall be permanent
and shall state that they may not be revoked without the consent of
the Planning Board, which consent shall be granted upon either the
completion of the decommissioning of the benefited WECS in accordance
with this article or the acquisition of the burdened parcel by the
owner of the benefited parcel or the WECS.
(4)
Interference with television, microwave and
radio reception. The applicant must submit information that the proposed
construction of the utility-scale wind energy conversion system will
not cause interference with microwave transmissions, cellular transmissions,
residential television interference or radio reception of domestic
or foreign signals. The applicant shall include specific measures
proposed to prevent interference, a complaint procedure and specific
measures proposed to mitigate interference impacts.
(5)
Interference with aviation navigational systems.
(a)
The applicant shall provide documentation that
the proposed WECS will not cause interference with the operation of
any aviation facility.
(b)
The applicant shall provide documentation that
the proposed WECS complies with all Federal Aviation Administration
(FAA) regulations.
(c)
Locking mechanisms to limit radar interference
required. All utility-scale WECS shall include a locking mechanism
which prevents the blades from rotating when not producing power in
order to limit airport radar interference. This provision does not
apply while the WECS is free-wheeling during start-up and shutdown.
The Town Board may modify or eliminate the requirement for a locking
mechanism if sufficient evidence is presented that no significant
airport radar interference will be caused by the utility-scale WECS.
(6)
Safety and security requirements.
(a)
Safety shutdown. Each wind turbine shall be
equipped with both manual and automatic controls to limit the rotational
speed of the blade within the design limits of the rotor. A manual
electrical and/or overspeed-shutdown-disconnect switches shall be
provided and clearly labeled on the wind turbine structure. No wind
turbine shall be permitted that 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.
(b)
Grounding. All structures shall be grounded
according to applicable electrical codes.
(c)
Wiring. All wiring between the wind turbines
and the wind energy facility substation shall be placed underground
unless the Planning Board determines that this is not prudent or practicable
due to site-specific constraints. The applicant is required to provide
a site plan showing the locations of all overhead and underground
electric utility lines, including substations for the project.
(d)
Ground clearance. The blade tip of any wind
turbine shall, at its lowest point, have ground clearance of not less
than 50 feet.
(e)
Climbability. Wind turbine towers shall not
be climbable up to 25 feet above ground level.
(f)
Access doors locked. All access doors to wind
turbine towers and electrical equipment shall be lockable and shall
remain locked at all times when operator personnel are not present.
(g)
Signage. Appropriate warning signage shall be
placed on wind turbine towers, electrical equipment and wind energy
facility entrances. Signage shall also include two twenty-four-hour
emergency contact numbers to the owner of the wind turbine in accordance
with local, state and federal codes.
(7)
Ice throw. The Town Board shall determine the
acceptable ice throw range based on the activities in the area, location
and calculations of the ice throw.
(8)
Fire hazard protection. The applicant shall
submit a fire control and prevention program that is appropriate and
adequate for the proposed facility. The proposed program may include,
but is not limited to, the following:
(a)
Fireproof or fire-resistant building materials.
(b)
Buffers or fire-retardant landscaping.
(c)
Availability of water.
(d)
An automatic fire-extinguishing system for all
buildings or equipment enclosures of substantial size containing control
panels, switching equipment or transmission equipment, without regular
human occupancy.
(e)
Provision of training and fire-fighting equipment
for local fire protection personnel and/or other emergency responders.
(9)
Impact on wildlife species and habitat. Development
and operation of a utility-scale wind energy facility shall not have
a significant adverse impact on endangered or threatened fish, wildlife
or plant species or their critical habitats or other significant habitats
identified in the Town of Concord Comprehensive Plan and/or the studies
and plans of other regional agencies, based on criteria established
by the federal or state regulatory agencies, as determined by the
Town of Concord Town Board during SEQRA review. The impact of a utility-scale
WECS on migratory birds and bats shall be evaluated and mitigated
based on SEQRA findings.
(10)
Visual impact.
(a)
No advertising sign or logo shall be placed
or painted on any part of any utility-scale wind energy conversion
system.
(b)
Wind turbines shall be painted a nonobtrusive
(e.g., white, gray or beige) color that is nonreflective. In order
to reduce any daytime lighting requirements by the FAA, the Planning
Board may require consultation with the FAA to determine an appropriate
color for the structures.
(c)
Where more than one wind turbine is proposed,
the project shall use wind turbines whose appearance is similar throughout
the project to provide reasonable uniformity in terms of overall size,
geometry and rotational speed.
(d)
Unless required by the FAA or by the Town of
Concord Planning Board, no lighting shall be installed on the WECS
turbine or tower, except for ground-level security lighting.
(11)
Shadow flicker. The WECS shall be designed such
that the project shall minimize shadow flicker onto adjacent existing
residences. Mitigation measures, which may include landscaping, shall
be incorporated into any special use permit approval. The required
shadow flicker study shall identify areas where shadow flicker may
interfere with residences and describe measures that shall be taken
to eliminate or minimize the problem.
D.
Decommissioning and site restoration plan and bond.
(1)
The applicant shall submit a decommissioning
and site restoration plan, including cost estimate, to the Town Board
for its review and approval prior to the approval of any special use
permit. The restoration plan shall identify the specific properties
it applies to and shall indicate removal of all buildings, structures,
wind turbines, access roads and/or driveways and foundations to 3.5
feet below finish grade; road repair costs, if any; and all regrading
and revegetation necessary to return the subject property to the condition
existing prior to establishment of the utility-scale WECS. The restoration
shall reflect the site-specific character, including topography, vegetation,
drainage and any unique environmental features. The plan shall include
a certified estimate of the total cost (by element) of implementing
the removal and site restoration plan. The decommissioning plan shall
include information regarding the anticipated life of the project.
Any variation from the submitted decommissioning plan must be approved
by the Town Board.
(2)
As a condition of special use permit approval,
the Town Board shall require the project sponsor to execute and file
with the Town Clerk a bond or other form of security acceptable to
the Town Board and Town Attorney as to the form, content and manner
of execution, in an amount sufficient to ensure the faithful performance
of the removal of the tower, wind turbine and other components of
the WECS and the restoration of the site subsequent to such removal,
in accordance with the approved decommissioning and site restoration
plan.
(3)
The sufficiency of such bond shall be confirmed
at least every five years by an analysis and report of the cost of
removal and site restoration, such report to be prepared by a New-York-State
licensed engineer. The project sponsor/operator shall pay the cost
of such report. If said analysis and report determines that the amount
of the bond in force is insufficient to cover the removal, disposal
and site restoration costs, the bond shall be increased to the amount
necessary to cover such costs within 10 days of the applicant's receipt
of such report. The report and increased amount of the bond shall
be filed with the Town Clerk.
(4)
All bond requirements shall be fully funded
before a building permit is issued.
(5)
The decommissioning and site restoration bond
shall be in effect for the entire duration of the special use permit.
(6)
The applicant and his/her successors, or assigns
in interest, shall maintain the required bond funds for the duration
of the special use permit.
E.
Road bond.
(1)
Construction of WECS poses potential risks because
of the large size of construction and transport (delivery) vehicles
and their impact on traffic safety and their physical impact on local
roads. Construction and delivery vehicles shall use traffic routes
established as part of the application review process. Factors in
establishing such corridors shall include: minimizing traffic impacts
from construction and delivery vehicles; minimizing WECS-related traffic
during times of school bus activity; minimizing wear and tear on local
roads; and minimizing impacts on local business operations. Permit
conditions may limit WECS-related traffic to specified routes and
include a plan for disseminating traffic route information to the
public.
(2)
The applicant is responsible for remediation
of damage to public roads caused by WECS-related traffic, after completion
of the installation of the WECS. To ensure that this remediation occurs,
prior to the issuance of a building permit, the project sponsor shall
post a public improvement bond in an amount, as determined by the
Town Board and Highway Superintendent, sufficient to repair any damage
that occurs to Town roads during the construction phase of the project.
The Town Attorney shall approve the form of the bond.
(3)
In the event that any postconstruction maintenance
or replacement of components which could affect Town roads is necessary,
the project owner/operator shall notify the Town and a new bond for
any potential damage to Town roads shall be posted.
F.
Certification. The applicant shall provide the following
certifications:
(1)
Certification of structural components. The
foundation, tower and compatibility of the tower with the rotor and
rotor-related equipment shall be certified, in writing, by a structural
engineer registered in New York. The engineer shall certify compliance
with good engineering practices and compliance with the appropriate
provisions of the Building Code that have been adopted in New York
State. This shall be provided prior to the issuance of the special
use permit.
(2)
Postconstruction certification. After completion
of construction of the wind energy conversion system, the applicant
shall provide a postconstruction certification from a licensed professional
engineer registered in the State of New York that the project complies
with applicable codes and industry practices and has been completed
according to the design plans. This certification shall be provided
to the Building Inspector and shall be maintained in a permanent file.
(3)
Certification of electrical system. The electrical
system shall be certified, in writing, by an electrical engineer registered
in New York. The engineer shall certify compliance with good engineering
practices and with the appropriate provisions of the Electrical Code
that have been adopted by New York State. This shall be provided prior
to the issuance of the special use permit.
(4)
Certification of rotor overspeed control. The
rotor overspeed control system shall be certified, in writing, by
a mechanical engineer registered in New York State. The engineer shall
certify compliance with good engineering practices. This shall be
provided prior to the issuance of the special use permit.
(5)
Certification of seismic design. The applicant
shall provide postconstruction certification from a licensed professional
engineer registered in the State of New York that the design and construction
protects against anticipated seismic hazards.
G.
Liability insurance.
(1)
Prior to the issuance of a building permit,
the project sponsor shall provide proof, in the form of a duplicate
insurance policy or a certificate issued by an insurance company,
that liability insurance has been obtained to cover damage or injury
which might result from the failure of the tower, turbine or other
component of the WECS. Such policy shall provide coverage of not less
than $5,000,000 and shall name the Town of Concord as a coinsured.
The sponsor shall provide the Town annually with proof of continuing
coverage in compliance with this requirement.
(2)
Liability insurance shall be carried for the
life of the project, through decommissioning. Proof of liability insurance
shall be filed annually with the Town Clerk. Such policy shall provide
coverage of not less than $5,000,000 and shall name the Town of Concord
as a coinsured. The sponsor shall provide the Town annually with proof
of continuing coverage in compliance with this requirement.
H.
Transfer of ownership.
(1)
If the ownership of the WECS facility changes,
the new owner shall present proof to the Town Clerk that all the required
bonds and insurance policies remain in full force and effect. The
new owner shall provide a written statement that he/she is aware of
the conditions and requirements of the special use permit, which continue
to govern the operation of the facility.
(2)
In order to ensure compliance with this provision,
the person/company to whom the special use permit is originally issued,
and subsequent owners, shall provide notification to the Town Clerk
30 days prior to the change of ownership.
I.
Inspections. Unless waived by the Town Board, wind
turbines or towers over 150 feet in height shall be inspected by a
New-York-State-licensed professional engineer, who has been approved
by the Town, annually or at any other time upon a determination by
the Town's Building Inspector that the wind turbine, tower or pole
may have sustained structural damage. A copy of the inspection report
shall be submitted to the Town's Building Inspector. Any fee or expense
associated with this inspection shall be borne entirely by the permit
holder.
J.
Permit revocation.
(1)
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, all
other standards and requirements of this section and other permit
conditions.
(2)
Should a WECS become inoperative or should any
part of the WECS be damaged or become unsafe or should a WECS violate
a permit condition or violate a standard or requirement of this section,
the owner/operator shall remedy the situation within 90 days after
written notice from the Code Enforcement Officer. The Code Enforcement
Officer or Town Board may extend this period by another ninety-day
period, for a total period not to exceed 180 days.
(3)
Upon notice from the Code Enforcement Officer or Town Board that the WECS is not repaired or made operational or brought into permit compliance after said notice pursuant to Subsection J(2) above, the Town Board shall hold a public hearing at which both the public and the operator/owner are given the opportunity to be heard and present evidence, including a plan to come into compliance. Following the close of the public hearing, the Town Board may either:
K.
Decommissioning of WECS.
(1)
Nonfunctional and/or inoperative WECS defined.
(a)
If any utility-scale WECS remains nonfunctional
or inoperative for a continuous period of one year, the permittee
shall remove the WECS at his/her own expense and restore the site,
in accordance with the approved decommissioning and site restoration
plan. A utility-scale WECS shall be deemed nonfunctional and/or inoperative
if it has not generated power within the preceding 12 months.
(b)
The Code Enforcement Officer may request that
the applicant periodically submit documentation reporting the power
output generated by the WECS.
(2)
Use of decommissioning bond.
(a)
Any nonfunctional or inoperative WECS, or any
WECS for which the special use permit has been revoked, shall be removed
from the site and the site restored in accordance with the approved
decommissioning and site restoration plan within 90 days of the date
on which the facility becomes nonfunctional or inoperative, as defined
above, or of the revocation of the special use permit.
(b)
If removal of the WECS is required and the applicant,
permittee or successors fails to remove the WECS and restore the site
in accordance with the approved decommissioning and site restoration
plan, the Town Board may contract for such removal and restoration
and pay for the removal and restoration from the posted decommissioning
and site restoration bond.
(c)
If the bond is not sufficient, the Town shall
charge the permit holder for the costs over and above the amount of
the bond.
L.
Planning Board action.
(1)
The Planning Board may recommend to the Town
Board to grant the special use permit, deny the special use permit
or grant the special use permit with written stated conditions. Denial
of the special use permit shall be by written decision based upon
substantial evidence submitted to the Board. Upon issuance of the
special use permit, the applicant shall obtain a building permit for
each tower.
(2)
Prior to issuing a special use permit for a
utility-scale WECS, the Planning Board shall make all of the following
findings:
(a)
The proposed utility-scale WECS project is consistent
with the Town of Concord Code.
(b)
The proposed utility-scale WECS project will
not unreasonably interfere with the orderly land use and development
plans of the Town of Concord.
(c)
That the benefits to the applicant and the public
of the proposed utility-scale WECS project will exceed any burdens
to the Town and residents therein.
(d)
That the proposed utility-scale WECS project
will not be detrimental to the public health, safety or welfare of
the community.
(e)
That the proposed utility-scale WECS project
complies with all required provisions of the Town's Zoning Ordinance,
or will comply with those requirements based on conditions that may
be attached to any approval, unless variances have been properly granted
by the Town of Concord Zoning Board of Appeals.
M.
Amendments to approved special use permit. Any changes
or alterations to the wind energy conversion system, after approval
of the special use permit and site plan, shall require amendment to
the special use permit. Such amendment shall be subject to all the
requirements of this section.
N.
New York State Real Property Tax Law exemption. The
Town of Concord reserves the right to, by local law, provide that
no exemption pursuant to the provisions of the New York State Real
Property Tax Law (RPTL) § 487 shall be applicable within
its jurisdiction.
[Added 3-6-2008 by L.L. No. 3-2008]
A.
Intent and purpose.
(1)
The Town of Concord recognizes that wind energy
is an abundant, renewable and nonpolluting energy resource of the
Town and that its conversion to electricity will reduce dependence
on nonrenewable energy resources and decrease air and water pollution
that result from the use of conventional energy sources.
(2)
The purpose of these regulations is to provide
standards for small-scale wind energy conversion systems (WECS) that
are designed for on-site home, farm and small commercial use and that
are primarily used to reduce on-site consumption of utility power.
The intent of this section is to encourage the development of small-scale
WECS and to ensure that development of these facilities will have
a minimal impact on adjacent properties and to protect the health,
safety and welfare of residents of the Town.
B.
Application process. Prior to construction of any
small-scale wind energy conversion system, the project proponent shall
first obtain a special use permit and site plan approval from the
Town of Concord Town Board and a building permit from the Town's Code
Enforcement Officer.
(1)
All applications for a small-scale WECS shall
include the following information:
(a)
Name and address of the applicant.
(b)
Evidence that the applicant is the owner of
the property involved or has the written permission of the owner to
make such an application.
(c)
A site plan drawn in sufficient detail to show
the following:
[1]
Location of the tower(s) on the
site and the tower height, including blades, rotor diameter and ground
clearance.
[2]
Property lot lines and the location
and dimensions of all existing structures and uses on site within
300 feet of the wind energy conversion systems.
[3]
Dimensional representation of the
various structural components of the tower construction, including
the base and footing.
[4]
Certification by a licensed New
York State professional engineer that the tower's design is sufficient
to withstand wind loading requirements for structures as established
by the New York State Building Code.
(d)
Evidence that the proposed tower height does
not exceed the height recommended by the manufacturer or distributor
of the system, provided by a licensed New York State professional
engineer.
(e)
Turbine information: specific information on
the type, size, height, rotor material, rated power output, performance,
safety and noise characteristics of the residential wind turbine and
tower.
(f)
Photographs or detailed drawings of each wind
turbine model, including the tower and foundation.
(g)
Grading plan and erosion and sedimentation control
plan.
(h)
A line drawing of the electrical components
of the system in sufficient detail to allow for a determination that
the manner of installation conforms to the Electrical Code adopted
by New York State.
(i)
Sufficient information demonstrating that the
system will be used primarily to reduce on-site consumption of electricity
from the grid.
(j)
Written evidence that the electric utility service
provider that serves the proposed site has been informed of the applicant's
intent to install an interconnected, customer-owned electricity generator,
unless the applicant does not plan, and so states in the application,
to connect the system to the electricity grid.
(k)
Environmental assessment form.
(l)
Such additional information as may be reasonably
requested by the Planning Board for a complete understanding of the
proposed project.
(m)
The Planning Board may determine that not all
of these applications are necessary for a particular proposed project.
(2)
The Code Enforcement Officer shall evaluate
all applications. The Code Enforcement Officer is authorized to issue
a zoning permit for all small-scale WECS that meet the following standards.
Upon issuance of a zoning permit, the applicant shall be required
to obtain a building permit prior to installation. In order to be
approved by the Code Enforcement Officer, all small-scale WECS must
conform to all of the following standards:
(a)
The WECS shall be located on a lot that is a
minimum of 1 1/2 acres in size.
(b)
The WECS shall not be located on any ridgeline
designated as significant on the Town of Concord Map.
(c)
Only one small-scale WECS per lot shall be permitted.
(d)
The turbine, measured to the apex of the blade,
is not taller than 150 feet.
(e)
The maximum turbine output, as shown by the
manufacturer's rated capacity, shall not exceed 10 kW per hour.
(f)
The small-scale WECS shall be set back a minimum
of 1.5 times the total height of the WECS from:
(g)
In order to reduce visual impact, the WECS shall
be painted a nonreflective, unobtrusive color that blends the system
and its components into the surrounding landscape to the greatest
extent possible.
(h)
Lighting. Exterior lighting on any structure
associated with the system shall not be allowed, except lighting that
is specifically required by the Federal Aviation Administration (FAA).
(i)
Signage. No advertising sign or logo shall be
placed or painted on any turbine or tower. The Town Board may allow
the placement of the manufacturer's logo on the ground-level structure
in an unobtrusive manner.
(j)
Safety and security requirements. All small-scale
WECS shall adhere to the following safety and security requirements:
[1]
Safety shutdown. Each wind turbine
shall be equipped with both manual and automatic controls to limit
the rotational speed of the blade within the design limits of the
rotor. The conformance of rotor and overspeed control design and fabrication
with good engineering practices shall be certified by the manufacturer.
[2]
Grounding. All structures which
may be charged with lightning shall be grounded according to applicable
electrical code.
[3]
Wiring. All wiring associated with
the wind energy facility shall be installed underground within the
fall zone. This standard may be modified by the Planning Board if
the terrain is determined to be unsuitable due to reasons of excessive
grading, biological impacts or similar factors.
[4]
Ground clearance. The blade tip
of any wind turbine shall, at its lowest point, have ground clearance
of not less than 30 feet.
[5]
Climbability. Wind turbine towers
shall not be climbable up to 15 feet above ground level and/or other
appropriate methods of access control shall be provided.
[6]
Anchor points for guy wires. Anchor
points for any guy wires for a system tower shall be located on the
property that the system is located on and not on or across any aboveground
electric transmission or distribution lines. The point of attachment
for the guy wires shall be enclosed by a fence six feet high or sheathed
in bright orange or yellow covering from three to eight feet above
the ground. The minimum setback for the guy wire anchors shall be
10 feet from the property boundary.
(k)
The site drainage and erosion control plan is
deemed adequate by the Town Engineer.
C.
Permit issued by the Town Board. Pursuant to the procedures
and standards contained in this subsection, the Town Board may issue
a special use permit to allow a small-scale WECS where the maximum
turbine output, as shown by the manufacturer's rated capacity, exceeds
10 kW per hour, but does not exceed 100 kW per hour.
(1)
Application requirements. An applicant for a
small-scale WECS that has an output exceeding 10 kW per hour shall
apply to the Town Board for a special use permit, following the procedures
outlined in the Zoning Ordinance. Application materials shall include:
(2)
Application review. The Town Board shall review
the application following the procedures contained for a special use
permit in the Zoning Ordinance.
(3)
Standards for small-scale WECS.
(a)
Minimum lot size. A small-scale WECS shall be
located on a lot that is a minimum of 1 1/2 acres in size.
(b)
Significant ridgelines. A WECS shall not be
located on any ridgeline designated as "significant" on the Town of
Concord Map.
(c)
Only one small-scale WECS shall be allowed per
lot. The system shall be primarily used to reduce the on-site consumption
of electricity.
(d)
Height. The turbine, measured to the apex of
the blade, is not taller than 150 feet.
(e)
Capacity. The maximum turbine output, as shown
by the manufacturer's rated capacity, shall not exceed 100 kW per
hour.
(f)
Setbacks. The small-scale WECS shall be set
back a minimum of 1.5 times the total height of the WECS from:
(g)
Visual impact. In order to reduce visual impact,
the WECS shall be painted a nonreflective, unobtrusive color that
blends the system and its components into the surrounding landscape
to the greatest extent possible.
(h)
Lighting. Exterior lighting on any structure
associated with the system shall not be allowed, except lighting that
is specifically required by the Federal Aviation Administration (FAA).
(i)
Signage. No advertising sign or logo shall be
placed or painted on any turbine or tower. The Town Board may allow
the placement of the manufacturer's logo on a ground-level structure
in an unobtrusive manner.
(j)
Safety and security requirements. All small-scale
WECS shall adhere to the following safety and security requirements:
[1]
Safety shutdown. Each wind turbine
shall be equipped with both manual and automatic controls to limit
the rotational speed of the blade within the design limits of the
rotor. The conformance of rotor and overspeed control design and fabrication
with good engineering practices shall be certified by the manufacturer.
[2]
Grounding. All structures which
may be charged with lightning shall be grounded according to applicable
electrical codes.
[3]
Wiring. All wiring associated with
the wind energy facility shall be installed underground within the
fall zone. This standard may be modified by the Planning Board if
the terrain is determined to be unsuitable due to reasons of excessive
grading, biological impacts or similar factors.
[4]
Ground clearance. The blade tip
of any wind turbine shall, at its lowest point, have ground clearance
of not less than 30 feet.
[5]
Climbability. Wind turbine towers
shall not be climbable up to 15 feet above ground level and/or other
appropriate methods of access control shall be provided.
[6]
Anchor points for guy wires. Anchor
points for any guy wires for a system tower shall be located on the
property that the system is located on and not on or across any aboveground
electric transmission or distribution lines. The point of attachment
for the guy wires shall be enclosed by a fence six feet high or sheathed
in bright orange or yellow covering from three to eight feet above
the ground. The minimum setback for the guy wire anchors shall be
10 feet from the property boundary.
[7]
Signage. Appropriate warning signage
shall be placed on wind turbine towers and electrical equipment. Signage
shall also include one twenty-four-hour emergency contact number to
the owner of the wind turbine, as well as signage warning of electrical
shock or high voltage and harm from revolving machinery.
(k)
Compliance with regulatory agencies. The applicant
is required to obtain all necessary regulatory approvals and permits
from all federal, state, county and local agencies having jurisdiction
related to the construction of the small-scale wind energy conversion
system. If all such approvals have not been received at the time that
the Planning Board considers the application for special use permit,
receipt of these other agency approvals shall be a condition to be
completed prior to the issuance of a building permit.
(l)
Noise standard.
[1]
Audible noise standard. Wind turbine
operations shall not cause the noise level at the boundary of the
proposed project site to exceed 45 dBA for more than five minutes
out of any one-hour time period or to exceed 50 dBA for any time period.
If the ambient noise level in the vicinity of the WECS already exceeds
this standard, the operation of the WECS shall not increase the nighttime
or daytime ambient sound level at an adjacent residence by more than
3 dBA.
[2]
Low-frequency noise. A small-scale
wind energy facility shall not be operated so that impulsive sound
below 20 Hz adversely affects the habitability or use of any dwelling
unit, hospital, school, library, nursing home or other sensitive noise
receptor.
(m)
Interference with television, microwave and
radio reception. The wind energy conversion energy system shall be
operated such that no disruptive electromagnetic interference is caused.
If it is demonstrated that a system is causing harmful interference,
the system operator shall promptly mitigate the harmful interference
or cease operation of the system.
(n)
Erosion control. Prior to granting a special
use permit for a small-scale WECS, the Planning Board shall determine
that the erosion and sedimentation control plan is adequate.
(4)
Planning Board action on application.
(a)
The Planning Board may recommend to the Town
Board to grant the special use permit, deny the special use permit
or grant the special use permit with written stated conditions. Denial
of the special use permit shall be by written decision based upon
substantial evidence submitted to the Board. Upon issuance of the
special use permit, the applicant shall obtain a building permit for
the small-scale WECS prior to installation.
(b)
Prior to issuing a special use permit for a
small-scale WECS, the Planning Board shall make all of the following
findings:
[1]
The proposed WECS project is consistent
with the Town of Concord Code.
[2]
The proposed WECS project will
not unreasonably interfere with the orderly land use and development
plans of the Town of Concord.
[3]
The proposed WECS project will
not be detrimental to the public health, safety or welfare of the
community.
[4]
The proposed WECS project complies with all required provisions of the Town's Zoning Ordinance, including the standards contained in Subsection C(3), or will comply with those requirements based on conditions that may be attached to any approval, unless variances have been properly granted by the Town of Concord Zoning Board of Appeals.
(5)
Amendment to approved special use permit. Any
changes or alterations to the wind energy conversion system, after
approval of the special use permit, shall require amendment to the
special use permit by the Town Board. Such amendment shall be subject
to all the procedural requirements and standards of this section.
(6)
Permit revocation. Failure to abide by and faithfully
comply with the standards of this section and with any and all conditions
that may be attached to the granting of the special use permit shall
constitute grounds for the revocation of the permit, after a public
hearing.
D.
Abandonment of use.
(1)
All small-scale WECS shall be maintained in
good condition and in accordance with all requirements of this section.
(2)
Any WECS which is not used for 12 consecutive
months shall be deemed abandoned and shall be dismantled and removed
from the property at the owner's expense. The Town reserves the right
to dismantle the structure and to charge back the cost of this removal
to the property owner. If unpaid, this cost will be added as a charge
to the tax levy of the property.
(3)
Failure to abide by and faithfully comply with
the standards of this section and with any and all conditions that
may be attached to the granting of the special use permit shall constitute
grounds for the revocation of the permit, after a public hearing.
E.
Assessment. A small-scale wind energy conversion system
shall be subject to assessment by the Town of Concord.
