Aurora City Zoning Code
ARTICLE IV
Small Wind Energy Conversion Systems
§ 116-51 Purpose and intent.
The purpose of these regulations for small wind energy conversion systems (SWECS) is to:
A.
Protect and enhance the Town's physical and visual environment.
B.
Protect and enhance the health, safety and welfare of residents of the Town of Aurora.
C.
Provide standards for the effective and efficient placement, construction, modification and maintenance of small wind energy conversion systems, which are designed and used to reduce on-site consumption of utility power.
§ 116-52 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A district set up under Article 25-AA of the New York State Agriculture and Markets Law to conserve, protect and encourage development and improvement of agricultural lands.
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 and conducted in accordance with the New York State Agriculture and Markets Law.
The sound from all sources other than the particular sound of interest; also known as the "background sound level." The ambient sound measurement (A-weighted sound level) is taken where the offending sound cannot be heard or with the sound source shut off. The ambient sound level, rarely found to be constant over time, can be quite variable. The ambient sound level is considered to be the level that is exceeded 90% of the time when a sound measurement is taken.
Environmental assessment form used in the implementation of SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Includes, but is not limited to, land, air, noise, water, flora, fauna, threatened and endangered species and critical habitat areas, agricultural resources, aesthetic resources, historical and archaeological resources, open space and recreational areas.
The area surrounding the tower described as 1 1/2 times the total height of the tower measured from its base radially.
The New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and its implementing regulation in Title 6 of New York Codes, Rules and Regulations, Part 617.
The parcel of land where a proposed wind turbine is to be located. The site can be publicly or privately owned by an individual or groups of individuals controlling a single property.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 20 kW and a maximum total height of 100 feet and which is intended to primarily reduce on-site consumption of utility power.
The height of the SWECS as measured from ground elevation to the top of the tip of the blade in the vertical position.
The support structure, including guyed, monopole and lattice types, upon which a wind turbine and other mechanical devices are mounted.
The height above grade of the uppermost portion of the tower, excluding the length of any axial rotating turbine blades.
The parts of the SWECS, including the blades, generator and tail.
A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill").
Any part of a SWECS or wind measurement tower, including all related infrastructure, electrical systems and substations, access roads and accessory structures included therein.
A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.
Any piece of electricity-generating equipment that converts wind energy into electrical energy through the use of airfoils, rotating turbine blades or similar devices to capture the wind.
§ 116-53 Permitted use.
Small wind energy systems shall be a permitted use in all zoning classifications, subject to a site plan review and approval by the Town of Aurora Town Board and the issuance of a SWECS permit by the Town of Aurora Building Department as set forth in Chapter 65 of the Town of Aurora Code.
§ 116-54 Requirements for application.
A.
All applicants for a SWECS permit shall submit an application, including applicable fees, to the Town Building Department. Applicants shall provide all of the following documentation to the Town Building Department before the application is considered complete and ready for review and processing. Upon determination by the Code Enforcement Officer that all standards/requirements have been met, a complete copy of the documentation will be given to the Aurora Town Clerk for distribution to the Town Board, Town Engineer and Town Attorney.
B.
In the event that the Code Enforcement Officer determines that the standards are not met, the application will be forwarded to the Zoning Board of Appeals for consideration of a variance. The Zoning Board of Appeals determination will be forwarded to the Town Board.
C.
Upon receipt of the application for a wind energy conversion system, the Town Board shall forward the documentation to the Town Planning Board for site plan review and for the Planning Board's overall recommendation. Upon receipt of the Planning Board's recommendation, the Town Board will call a public hearing on the application.
D.
The Town Board will render a final decision on the application for a wind energy conversion system.
E.
A SWECS application shall include:
(1)
A completed SWECS permit application form.
(2)
A completed site plan review application form.
(3)
A full environmental assessment form with completed Part 1, a visual addendum, and such other part requiring completion by the applicant.
(4)
Compliance with General Municipal Law § 239-m if applicable.
(6)
A site plan in form and content acceptable to the Town Board, prepared to scale and in sufficient detail and accuracy, showing, at a minimum:
(a)
The proposed location of the SWECS, together with guy wires and guy anchors.
(b)
The maximum height of the proposed tower, including blades in vertical position.
(c)
A detail of tower type (monopole, guyed, freestanding or other).
(d)
The color or colors of the SWECS tower.
(e)
The location, type and intensity of any lighting on the SWECS tower.
(f)
A contour/topography map of the property and adjacent parcels of sufficient scale as to clearly indicate appropriate drainage and erosion impact on and off site as well as jurisdictional wetlands.
(g)
The location of all structures on the property and all structures on any adjacent property within 500 feet of the property lines, together with the distance of these structures to the SWECS tower and the distance of the SWECS tower from all property lines and public roads or rights-of-way.
(h)
The names and mailing addresses of all adjacent landowners within 1,000 feet of any boundary of the site on which the SWECS is proposed to be located.
(i)
The location, nature and extent of any proposed fencing and landscaping or screening to be constructed around or in conjunction with the SWECS tower.
(j)
The location and nature of any utility easements and access roads proposed or existing in connection with the SWECS tower.
(k)
Building elevations of accessory structures and buildings immediately adjacent to the proposed SWECS tower and related facilities.
(l)
Evidence that the proposed tower height does not exceed the height recommended by the manufacturer of the system.
(m)
Turbine information: specific information on the type, size, height, rotor material, rated power output, and performance safety and noise characteristics of the SWECS.
(n)
Written notice that the electrical utility service provider has been informed, and permit requested, as required, to connect to the public grid, adhering to all guidelines set forth by the utility service provider.
(o)
Signage of a minimum of one foot by two feet in size indicating the potential of electric shock located at a height of five feet above the surrounding ground surface clearly visible and secured on the base of the tower.
(p)
Manufacturer's specifications and certification on manual and automatic over-speed controls built into SWECs and on-site certification by a qualified installer.
(q)
Certified sound rating data covering the SWECS sound-producing features, including the overall sound pressure levels measured with an A-weighted scale throughout the operating range of design wind speed. The report shall include low-frequency, infrasound, pure tone, and repetitive impulsive sound.
(r)
The location of noise-sensitive receptors (i.e., hospitals, libraries, schools, places of worship, parks and recreational facilities or other sensitive receptors identified by the Town Planning Board) within 2,500 feet of the proposed SWECS location.
(s)
Proof of the current and reasonably anticipated on-site electricity demand of the applicant.
§ 116-55 Exemptions.
The following are exempt from the requirements of this chapter.
A.
No permit or other approval shall be required under this chapter for SWECS utilized solely for farm operations in a county-adopted, state-certified agricultural district, as long as the facility (SWECS) is set back at least 1 1/2 times its total height from a property line and does not exceed 100 feet in total height. Towers over 100 feet in total height utilized solely for agricultural operations in a county-adopted, state-certified agricultural district shall apply for a permit in accordance with this section but shall not require a height variance. Prior to the construction of a SWECS under this exemption, the property owner of a designated agent shall submit a sketch plan or building permit application to the Town of Aurora Code Enforcement Officer and Building Inspector to demonstrate compliance with the setback requirements.
B.
Existing SWECS towers may be repaired and maintained without restriction.
§ 116-56 Standards and procedure.
A.
No wind energy conversion system other than a small wind energy conversion system (SWECS), as defined herein, shall be constructed, reconstructed, modified, operated or replaced in the Town of Aurora.
B.
All SWECS shall require a site plan review, reviewed by the Town of Aurora Planning Board and applicable criteria from this chapter to assist in the approval process deemed appropriate by this chapter.
C.
Structural safety. The applicant shall provide a certificate from a qualified licensed professional engineer certifying that the tower and its foundation meet applicable structural safety standards, including but not limited to wind loading and seismic effects due to soil conditions. The Town Board and/or Town Planning Board may request renewed safety certification from the applicant every five years, unless the Town Board has reasonable grounds to believe the tower is in unsafe condition, in which event such a request may be made on a more frequent basis.
D.
The Town Board and/or Town Planning Board may request reasonable additional information, including but not limited to any visual and aesthetic information, it deems appropriate on a case-by-case basis. Such additional information may include, among other things, a professionally engineered wind study, enhanced landscaping plans, line-of-sight drawings and/or visual simulations from neighboring viewpoints, microwave interference, etc.
E.
The Town Board and/or Town Planning Board shall require that SWECS towers be set back a sufficient distance from adjacent property lines and/or structures, and public roadways to safeguard the general public and/or adjacent property from damage in the event of tower failure or falling debris, which distance shall take into account the fall-down zone of any tower and/or antenna. Guy wires erected must adhere to Code-approved setback standards as well as fencing requirements.
F.
The "fall-down zone" will not be located closer to any property line equal to 1 1/2 times the total height and a minimum of 500 feet from existing structures not owned by the applicant. Notwithstanding the limitations contained herein, the Town Board can set a different fall-down zone upon receipt of information from the applicant or adjoining property owners which demonstrates the safety of the general public or adjacent property is protected.
G.
Each SWECS tower shall be located a minimum of:
(1)
Five hundred feet from the nearest public road.
(2)
Five hundred feet from the nearest off-site residence at the time of application, measured from the exterior of such residence.
(3)
One and one-half times the total height of the SWECS from any on-site non-WECS structure or any aboveground facilities or utilities.
(4)
One thousand feet from federal or state-identified wetlands, to protect bird and bat populations. This distance may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land uses and other factors that influence the flight patterns of resident birds.
H.
The applicant must comply with all applicable state and federal regulations, including FAA regulations.
I.
Towers shall be constructed to provide one or more of the following means of access control:
J.
Only one SWECS per legal lot shall be allowed.
K.
No SWECS tower shall contain any signage, other than electrical shock warning, or advertising of any kind.
L.
No person operating a SWECS shall willfully, negligently or through failure to provide necessary equipment, service or maintenance or to take necessary precautions cause, suffer, allow or permit unnecessary emissions from said SWECS source of sound that may cause noise to adjacent properties. This policy specifies that the ambient sound level, measured at the property line upon which the SWECS facility is located, shall not be increased by more than three decibels weighted for the "A" scale (dBA) due to the operation of the SWECS.
M.
In order to reduce visual impact, the SWECS:
N.
Intermittent shadow or flutter shadow shall not be cast on any adjacent residence more than a total of 10 minutes a day.
O.
Exterior lighting on any SWECS shall not be allowed unless mandated by the Federal Aviation Administration.
P.
All structures which may be charged with lightning will be grounded according to New York State adopted National Electric Code. Whenever possible, all wiring associated with a SWECS shall be installed underground within the "fall-down zone."
Q.
All SWECS shall be operated in such a fashion as to minimize disruptive electromagnetic interference as is evident in television, microwave and radio reception/transmission. If it is determined that a SWECS is causing electromagnetic interference, the operator shall immediately take the necessary corrective action to eliminate the interference, including relocation or removal of the SWECS tower.
R.
Erosion control and sedimentation will be addressed by the Town Planning Board after a review of the soil conditions at the proposed site. The Town Planning Board recommendations will be managed by the property owner in a manner consistent with all applicable state and federal laws and regulations.
S.
Removal of SWECS tower. The property owner shall agree to remove the tower if said tower ceases to be used for its intended purpose for 12 consecutive months.
§ 116-57 Permit and related fees.
A.
Permit fees pertaining to SWECS tower permit or building permit issues pursuant to this section are listed in Standard Schedule of Fees and may be changed from time to time by resolution adopted by the Town Board.
B.
All fees associated with the engineering, wind measurement statistics or any special testing and/or inspections are the sole responsibility of the project sponsor.
§ 116-58 Enforcement; penalties for offenses; remedies for violations.
A.
The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this section.
B.
Any person owning, controlling or managing any building, structure or land who shall undertake a small wind energy conversion system in violation of this chapter or in noncompliance with the terms and conditions of any permit issued pursuant to this chapter or any order of an enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $250 for each violation, and each week said violation continues shall be deemed a separate violation.