The City of Lackawanna has determined that a
comprehensive local law regulating the development of WECS is necessary
to protect the interests of the City and its residents. The City adopts
this article to promote the effective and efficient use of the City's
wind energy resource through WECS and to regulate the placement of
such systems so that the public health, safety and welfare will not
be jeopardized and that the WECS will not have a significant adverse
impact on the aesthetic qualities of the City.
COMMERCIAL WIND ENERGY SYSTEM — A
wind energy conversion system consisting of one wind turbine, one
tower and associated control or conversion electronics which has a
rated capacity greater than 250 kilowatts and a total height of more
than 150 feet and is intended to solely supply electrical power into
a power grid for sale.
NONCOMMERCIAL WIND ENERGY SYSTEM
A wind energy conversion system consisting of one wind turbine,
one tower and associated control or conversion electronics which has
a rated capacity of not more than 250 kilowatts and a total height
of less than 150 feet.
TOWER
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine or other mechanical device is mounted.
TOWER HEIGHT
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
WIND ENERGY CONVERSION SYSTEMS (WECS)
One or more mechanical devices such as wind chargers, windmills
or wind turbines which are designed and used to convert wind energy
into a form of useful energy for use on site to reduce power costs
for sale or redistribution to others. WECS include both commercial
and noncommercial systems.
WIND ENERGY FACILITY
Any wind energy conversion system or wind measurement tower,
including all related infrastructure, electrical lines and substations,
access roads and accessory structures.
WIND ENERGY SYSTEM
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation, generator, nacelle, rotor, tower, transformer,
turbine, vane, wire, substation, maintenance or control facilities
or other component used in the system.
WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
[Amended 3-5-2008]
The requirements of this article shall apply
to all wind energy facilities proposed, operated, modified, or constructed
after the effective date of this article except for those which began
operation shall to the effective date of this article and also except
for wind energy facilities within the Bethlehem Redevelopment Area
(BRA) where the requirements of this article shall apply to all wind
energy facilities proposed, operated, modified, or constructed after
the effective date of this article unless the Planning Board has issued
final approval for such wind energy facilities prior to December 31,
2007.
[Amended 10-1-2007; 3-5-2008]
A. No wind energy facilities shall be constructed, reconstructed,
modified, or operated in the City of Lackawanna except in compliance
with this article.
B. No wind energy facilities shall be constructed, reconstructed,
modified, or operated in the City of Lackawanna except in Industrial
(I), Bethlehem Redevelopment Area (BRA) or Mixed Commercial and Industrial
(MCI) Districts, and with the issuance of a special use permit approved
pursuant to this article, the completion of SEQR, and upon issuance
of a building permit.
C. Any future construction of wind energy facilities
shall be located in an area west of the canal but in no event shall
be closer than 2,000 feet west of the westerly line of Hamburg Turnpike.
D. No wind measurement tower shall be constructed in
the City of Lackawanna except in the allowable districts pursuant
to a special use permit and this article.
[Amended 3-5-2008]
The City Council acknowledges that prior to
construction of a WECS, a wind site assessment is conducted to determine
the wind speeds and feasibility of using particular sites. Installation
of wind measurement towers, also known as "anemometer ("met") towers,"
shall be permitted as a special use in the same zoning districts as
the WECS.
A. An application for a wind measurement tower shall
include:
(1) Name, address and telephone number of the applicant.
If the applicant is represented by an agent, the application shall
include the name, address and telephone number of the agent as well
as an original signature of the applicant authorizing the representation.
(2) 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 submission of the application.
(3) Address of each proposed tower site, including Tax
Map section, block and lot number.
(5) Decommissioning plan, including a security bond or
cash for removal.
B. The City Council may attach such conditions as it
deems appropriate to variance approvals as it deems necessary to minimize
the impact of the variance.
C. The "Met" towers installed prior to February 1, 2008
shall be exempt from the requirements set forth in this section.
[Amended 3-5-2008]
All fees required under this article shall be
approved by the City Council by resolution. Nothing in this article
shall he read as limiting the ability of the City to enter into host
community agreements with any applicant to compensate the City for
expenses or impacts on the community. The City shall require any applicant
to enter into an escrow agreement to pay the engineering and legal
costs of any application review, including the review required by
SEQRA.