[HISTORY: Adopted by the Town Board of the Town of Caledonia 6-14-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 54.
Zoning — See Ch. 130.
As used in this chapter, the following terms shall have the meanings indicated:
WECS
Any mechanism designed for the purpose of converting wind energy into electrical energy.
WECS, COMMERCIAL
A WECS that is the prime use on a parcel of land and supplies electrical power for off-site use.
WECS, NONCOMMERCIAL
A WECS that is incidental and subordinate to another use on the same parcel and supplies electrical power solely for the on-site use, except that when a parcel on which noncommercial WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the noncommercial WECS and not presently needed for on-site use may be used by the utility company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.
A. 
Purpose. For the purpose of protecting the general public of the Town of Caledonia and properties adjacent to wind energy conversion systems (WECS) from indiscriminate placement, related health and safety problems, etc., the following rules and regulations shall apply.
B. 
Regulation. Noncommercial WECS and commercial WECS shall be allowed by special permit issued by the Planning Board of the Town of Caledonia pursuant to this chapter and in accordance with Chapter 130 Zoning, Article XI of the Code of the Town of Caledonia.
C. 
WECS shall be allowed only in the I-1, I-2 and R-R Districts.
Application. An applicant for a permit for WECS shall submit at least one full copy of an application, prepared by a professional engineer licensed to practice in New York State. The professional engineer shall certify, in writing, that the application meets all engineering requirements of this chapter. The site plan shall be drawn to scale with all features based on a certified instrument survey by a surveyor licensed in the State of New York. The application shall contain the following information:
A. 
Location of the tower(s) on the site and the tower height, including blades, rotor diameter and ground clearance. The area of the base of each tower and depths shall be indicated.
B. 
Utility lines, telephone lines and any other lines, both above and below ground, within a radius of 1 1/2 times the proposed tower heights, including blades. Information presented should include details as to how the power will be delivered to the grid.
C. 
Property lot lines and the location and dimension of all existing structures and uses on and off the site within 600 feet of each WECS location.
D. 
Surrounding land use and all structures within 1,000 feet of each WECS location.
E. 
Dimensional representation of the various structural components of the tower construction, including the base and footing.
F. 
Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.
G. 
Certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
H. 
Certification that the electrical system designs is in compliance with accepted engineering practices and with the appropriate provisions of the National Electric Code.
I. 
Certification that the rotor over-speed control system is in compliance with accepted engineering practices.
J. 
Applicant's and landowner's name and contact information.
K. 
Tax Map numbers, existing use and acreage of the site parcel.
L. 
Location and details of access roads.
M. 
The applicant shall provide a shadow flicker and blade glint zone model for any proposed wind energy conversion unit. The model shall:
(1) 
Describe the zones where shadow flicker and blade glint will likely be present within the project boundary and a two-mile radius beyond the project boundary. Include the topography, existing residences, wind speeds and directions and existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy and wind directions and speeds.
(2) 
Calculate the locations of shadow flicker caused by the proposed project and the expected duration of the flicker at these locations; calculate the total possible number of hours per year of flicker at all locations.
N. 
The applicant must submit a construction access plan prepared by a professional engineer licensed to practice in New York State, approved in advance by the Town, which access plan shall include the following:
(1) 
Identification of all roads within the Town to be used for site access during construction and a plan for marked detours where necessary so traffic to residences and businesses can continue unobstructed.
(2) 
Estimate of the number of vehicle trips over each road by vehicle type and gross weight.
(3) 
Indicate any areas where clearing trees, road widening or realignment is necessary.
(4) 
The engineer shall provide an analysis of potential road damage and estimate of the cost to maintain and repair or rebuild all affected roads.
(5) 
The applicant must provide, prior to any development, an estimated timetable for each phase of construction.
O. 
The applicant must submit a full environment assessment form (EAF) and visual EAF addendum form prepared in accordance with the State Environment Quality and Review Act (SEQRA)
P. 
The applicant must submit no fewer than four and no more than the number of proposed individual wind turbines plus three color photos, no smaller than eight inches by 10 inches, taken from locations within a one-mile radius from it and to be selected by the Town, and computer-enhanced to simulate the appearance of the as-built aboveground facilities as they would appear from these locations.
Q. 
An application for a noncommercial WECS is exempt from the requirements of Subsection O of this section, but shall include a short form EAF.
A. 
Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.
B. 
Colors and surface treatment of the installation shall minimize visual disruption.
C. 
The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
D. 
Appropriate landscaping shall be provided to screen accessory structures from roads and adjacent residences.
E. 
Avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as electrical equipment boxes on or near the ground that can provide shelter and warmth; b horizontal perching opportunities on the towers or related structures; or soil where weeds can accumulate.
F. 
Wind turbines shall be set back at least 2,500 feet from "important bird areas" as identified by New York Audubon and at least 1,500 feet from state-identified wetlands. These distances may be adjusted to be greater or lesser at the discretion of the Planning Board.
G. 
Access. Access to the tower shall be limited by limiting tower-climbing apparatus to be inside the base of the tower. Not be climbable up to 15 feet above ground.
H. 
Setback. The minimum required setback for any WECS tower from property lines, overhead utility lines, dwelling, agricultural building, or other WECS shall be 50 feet beyond the structure height, including blades.
I. 
Noise. WECS towers shall be properly maintained and operated at all times and shall be located with relation to property lines so that the noise produced during operation shall not exceed 50 dBa, measured to the boundaries of all the closest parcels that are owned by non-site owners.
J. 
Electromagnetic interference. WECS generators and alternators shall be properly filtered and/or shielded in order to avoid electromagnetic interference and shall comply with the rules and regulations of the Federal Communications Commission.
K. 
Safety.
(1) 
No WECS shall be permitted that lack 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.
(2) 
The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
(3) 
Procedures acceptable to the Town Board for emergency shutdown of power-generation units shall be established and posted prominently and permanently on at least one location on the road frontage of each individual unit.
(4) 
Appropriate warning sign shall be posted. The type and placement signs shall be determined on an individual basis, as safety needs dictate.
(5) 
The applicant shall meet all FAA requirements for lighting.
L. 
Transmission lines. All power transmission lines from the WECS to on-site substations shall be underground and in accordance with electrical codes.
M. 
Height.
(1) 
Noncommercial WECS shall not exceed a total height of 60 feet unless the parcel on which the WECS is to be located is 10 acres or larger, in which case the maximum total height may be 100 feet.
(2) 
Commercial WECS shall not exceed a total height of 400 feet.
(3) 
Height for noncommercial and commercial WECS shall be measured from the highest point for the arc of the blades to the ground level at the base.
A. 
Liability insurance. Prior to the issuance of a special permit, the applicant shall provide the Town 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 and/or the WECS or any part thereof and transmission facility. The Town Board, in consultation with the Town's insurers, may set the level of insurance required at whatever level it deems adequate.
B. 
Abatement.
(1) 
If any WECS remains nonfunctional or inoperative for a continuous period of one year, the permittee shall remove the WECS at the permittee's expense. Removal of the system shall include removal of the entire structure, including foundation, transmission equipment, and fencing from the property.
(2) 
Bond/security. The permit shall require a permittee 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 and the restoration of the site subsequent to its removal. The permittee shall pay all costs associated with obtaining estimates of the cost of the removal of the tower and restoration of the site. The amount of the bond or security shall be no less than 125% of the cost of the removal of the tower and restoration of the site.
(3) 
If removal of towers and appurtenant facilities is required and the applicant, permit holder, or successors fails to remove the towers and appurtenant facilities from the property within 30 days from the date of notification by the Town Board, the Board may contract for such removal and pay for the removal from the bond.
(4) 
The owner of each WECS shall have it inspected at least once every year for structural and operational integrity by a New York State licensed professional engineer and shall submit a copy of the inspection report to the Code Enforcement Officer of the Town. If such report recommends that repair or maintenance is to be conducted, the owner shall provide to the Town Board a written schedule for the repairs or maintenance to be conducted.
(5) 
A WECS shall not begin its initial operation until inspections required by the Town of Caledonia have been made and necessary approvals have been given. After initial operations have begun, the Code Enforcement Officer, or his designated representative, shall have the right at any reasonable time to enter the premises on which a WECS has been placed to inspect any or all parts of said installation.
(6) 
After conducting an inspection, the Code Enforcement Officer may order the owner of a WECS to render said WECS inoperative for reasons related to assuring safety of operations, abating noise or eliminating electromagnetic interference. The owner of the WECS shall not return the WECS to service until all of the reasons which caused the Code Enforcement Officer to issue the order to the owner to make said WECS inoperative have been corrected to the satisfaction of the Code Enforcement Officer.
(7) 
Prior to allowing a WECS to resume operations, the Code Enforcement Officer may require the owner of the WECS to have an inspection made and a report issued by a professional engineer licensed in the State of New York, certifying that the WECS and/or tower is safe.
(8) 
Failure to comply with these regulations will subject the WECS permittee/owner to a penalty of up to $500 per day. In addition to the above, the Town Board may elect to seek injunctive relief in the Supreme Court of the State of New York. In the event that the Town Board so elects and prevails, the WECS permittee shall be subject to a civil penalty equal to the Town of Caledonia's expenses of such enforcement action including statutory costs and attorneys' fees.
(9) 
The WECS permittee shall file emergency shutdown procedures with the Code Enforcement Officer.