Avon City Zoning Code
ARTICLE XIV
Windmills and Wind Generators
§ 130-75 Legislative intent.
In order to ensure that the placement, construction, and modification of windmills and wind generators conforms to the Town's purpose and intent of this article, the Town Board is hereby authorized to grant wind energy conversion system (WECS) conditional use permits pursuant to this article. The Town Board hereby adopts an overall policy with respect to WECS conditional use permits for windmills and wind generators for the express purpose of achieving the following goals:
A.
Implementing an application process for person(s) seeking a WECS conditional use permits for windmills and wind generators.
B.
Establishing a policy for examining an application for, and issuing a WECS conditional use permit for, windmills and wind generators that is both fair and consistent.
C.
Establishing reasonable time frames for granting or not granting WECS conditional use permits for windmills and wind generators, or recertifying or not recertifying or revoking the WECS conditional use permit granted under this article.
D.
Promoting and encouraging, wherever possible, the placement of WECS in such a manner as to cause minimal disruption to aesthetic considerations of the land, lot, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such WECS.
E.
Minimize adverse visual effects from WECS facilities by requiring careful siting, visual impact assessment and appropriate screening.
§ 130-76 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A WECS designed or operated to provide energy principally to consumers located off the premises and does not meet the requirements established for a residential WECS.
A WECS designed or operated to provide energy principally to the residence and accessory structures located on the lot, or on contiguous lots held in common ownership which must be combined by either executing a covenant with the Town of Avon or by means of a subdivision plan approved by the Avon Planning Board.
Mechanisms, including all appurtenances thereto, designed or operated for the purpose of converting wind energy to electrical or mechanical power.
A mill operated by the wind's rotation of large, oblique sails or vanes radiating from a shaft, used as a source of power.
§ 130-77 Wind energy conversion systems (WECS).
A.
Residential WECS.
(1)
Permitted in the following districts: A.
(2)
Maximum number of towers per lot or on contiguous lots held in common ownership: one.
(3)
Maximum tower height: 60 feet measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower, except that tower height may exceed 60 feet by special use permit.
(4)
Minimum tower setback distance from nearest property line: 1.5 times the distance measured from the mean grade surrounding the support pad(s) to the tip of a blade in vertical position measured along the vertical axis of the tower.
(5)
Minimum distance from guy wire to property line: 15 feet.
(6)
Blade color: white or light gray.
(7)
Tower access. The tower shall be made inaccessible to unauthorized personnel.
B.
Commercial WECS.
(1)
Maximum number of towers per lot: limited by special use permit.
(2)
Maximum tower height: limited by special use permit and applicable local, state and federal regulations.
(3)
Minimum tower setback distance from nearest property line: 1.5 times the distance measured from the mean grade surrounding the support pad(s) to the tip of the blade in a vertical position measured along the vertical axis of the tower.
(4)
Minimum distance from guy wire to property line: 15 feet.
(5)
Blade color: white or light gray.
(6)
Tower access: The tower shall be made inaccessible to unauthorized personnel.
(7)
Public interest and public benefit: The granting of a special use permit for a commercial WECS shall be conditional upon a finding by the special use permit granting authority that the proposal is in the public interest and provides substantial benefit to the community, the burden of proof which shall rest with the applicant.
(8)
Location: Before it may approve the installation of a commercial WECS, the Planning Board, as the special use permit granting authority, shall make a finding of fact that the location of the facilities does not substantially adversely affect the surrounding area.
(9)
Applicants for commercial WECS special use permits shall be accorded the following priorities, (a) being the highest priority and (j) being the lowest priority:
(a)
Within an agricultural zoning district within the Town within 1,000 feet of the right-of-way for Interstate 390;
(b)
Within a light industrial, PDD or PUD development district within the Town within 1,000 feet of the right-of-way for Interstate 390;
(c)
Within a general business district within the Town within 1,000 feet of the right-of-way of Interstate 390;
(d)
Within an agricultural zoning district within the Town within 1,000 feet of the right-of-way for Routes 5 & 20;
(e)
Within a light industrial, PDD or PUD development district within the Town within 1,000 feet of the right-of-way for Routes 5 & 20;
(f)
Within a general business district within the Town within 1,000 feet of the right-of-way of Routes 5 & 20;
(g)
Within an agricultural zoning district within the Town;
(h)
Within a light industrial, PDD or PUD development district within the Town;
(i)
Within a general business district within the Town;
(j)
Within any other zoning district within the Town.
(10)
If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site. The hardship required to be shown shall be the same as the hardship required for the issuance of a use variance.
(a)
An applicant may not bypass sites of higher priority by stating the site presented is the only site leased or selected.
(b)
The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If the site selected is not the highest priority, then a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.
(c)
The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has, is, or will be considering, reviewing or planning for commercial WECS in the Town, and all municipalities adjoining the Town, for a two-year period following the date of the application.
(11)
Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may disapprove an application for any of the following reasons:
(a)
Conflict with safety and safety-related codes and requirements;
(b)
Conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws;
(c)
Conflict with the historic nature of a neighborhood or historical district;
(d)
The use or construction of commercial WECS that is contrary to an already stated purpose of a specific zoning or land use designation;
(e)
The placement and location of commercial WECS structures which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; or
(f)
Conflicts with the provisions of this or other laws.
C.
Special use permit granting authority. The Planning Board shall be the special use permit granting authority for those installations where a special use permit is required.
D.
Submission requirements. The application for a building permit for WECS shall be accompanied by the following documents in addition to those documents required by § 39-11:
(1)
A plot plan prepared and stamped by a registered land surveyor indicating the location of the proposed WECS, existing and proposed structures, aboveground utility lines and any other significant features or appurtenances.
(2)
Structural drawings prepared and stamped by a registered professional engineer of the wing tower, including pad design and guy wire design, if applicable.
(3)
Drawings and specifications prepared and stamped by a registered professional engineer of the generator, hub and blades, electrical support facilities, including transformers, cables and control devices.
(4)
Drawings indicating method of making tower inaccessible to unauthorized personnel.
(5)
Proof that the WECS is not in violation of FAA requirements.
(6)
Proof that the WECS, accessory equipment and facilities comply with the National Electrical Code and other applicable local, state and federal standards.
E.
Abandonment and removal. The Building Inspector may cause the owner of a residential or commercial WECS to remove the facility, including all appurtenances thereto, if the facility fails to generate power for one year or more.
(1)
The applicant shall submit an agreement, in writing, to remove a WECS if such facilities become technically obsolete or cease to be used for their original intended purpose for more than 12 consecutive months. Upon removal of said facilities, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soil.
(2)
The applicant must submit an analysis by a New York State-licensed professional engineer of the cost of removal of the WECS and surrounding property restorations.
(3)
Prior to obtaining a building permit, the applicant must provide a financial security bond for the removal of the WECS, with Avon as the designated assignee, in an amount approved by the Planning Board which is equal to 110% of the estimated removal cost. The bond shall provide for an annual adjustment for the cost of inflation.
(4)
The provisions of this section may be waived by the Planning Board for good cause shown in the case of a residential WECS.
F.
Noise control.
(1)
Prior to the issuance of a building permit, the WECS manufacturer shall provide sufficient data and documentation to establish that the WECS will not produce noise levels in excess of those stipulated in the following table:
Maximum Permitted | ||
|---|---|---|
Without Windmill (decibels) | Windmill Operating (decibels) | |
45 | 55.4 | |
50 | 56.2 | |
55 | 61.0 | |
60 | 61.2 | |
65 | 65.4 | |
(2)
Decibel level readings shall be measured at the closest property line to the WECS. Ambient noise levels shall be measured prior to construction. All measurements shall be made by a licensed engineer approved by the Planning Board. The applicant shall provide and pay for the engineer.
(3)
After the WECS has been approved and installed, sound measurement shall be performed to determine ambient and operating decibel levels. The sound level shall be measured on a sound level meter using the A-weighting network.
(4)
Upon the complaint of an abutter, ambient and maximum permitted decibel measurements shall be performed by an agent designated by the Planning Board. The agent shall submit recorded sound measurements to the Planning Board for review and evaluation. A fee for the service shall be established by the Planning Board. The fee shall be paid for by the complainant unless maximum permitted decibel readings have been exceeded, in which case the WECS owner shall pay the fee.
(5)
If maximum readings are exceeded, the installation shall be considered a public nuisance. The violation shall be corrected within 90 days from the date of notification, and if the noise violation cannot be remedied, the WECS shall be removed or relocated.
G.
Electromagnetic interference.
(1)
Prior to the issuance of a building permit, the manufacturer shall provide sufficient data and documentation to establish that the installation will not cause electromagnetic interference to any abutter.
(2)
The WECS installation shall comply with Federal Communications Commission Regulation 47 CFR 15.
(3)
Upon the complaint of an abutter, an investigation shall be performed by an agent of the Planning Board. The agent shall submit a report of his findings to the Planning Board for review and evaluation. A fee for the report shall be established by the Planning Board. After review and evaluation of the report, the Planning Board shall determine if the installation causes electromagnetic interference to any abutter. The fee for the report shall be paid by the complainant, unless the Planning Board determines that there is electromagnetic interference to an abutter, in which case the owner shall pay the fee.
(4)
If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance subject to abatement by the Town. The violation shall be corrected within 90 days from the date of notification. If the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated.
H.
Guy wires. For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer- and innermost guy wires up to a height of eight feet above the ground. Visible guards shall be installed on or around anchor points of guy wires.
I.
Maintenance. Every two years in the case of a commercial WECS and every five years in the case of a residential WECS the owner shall submit a structural report from a New York State-licensed engineer to the Building Inspector attesting to the structural integrity of the wind generator, tower and/or support system.
J.
Environmental. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.