Brutus Town City Zoning Code
ARTICLE XV
Alternative Energy
[Adopted 3-8-2010 by L.L. No. 1-2010]
§ 125-109 Small wind energy systems.
Purpose. It is the purpose of this article to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. This article authorizes the Town of Brutus to provide, by local law, for the installation of small wind energy systems, as specified, and to issue a permit for this purpose. This article authorizes the Town of Brutus to permit installation of these systems as specified. No other local ordinance, policy, or regulation shall be the basis for denying the siting and operation of a small wind energy system. This article also requires the Town to approve an application for a small wind energy system by right if the criteria below are met, and authorizes the Town to charge a fee for each wind mill energy installation, such fee to be posted on the approved Permit Fee Schedule[1] of the Town of Brutus.
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
Findings. The Town of Brutus finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of nonrenewable energy resources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce overall power demands, and help diversify New York State's energy portfolio. Small wind energy systems also make the electricity supply market more competitive by promoting customer choice.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Federal Aviation Administration
A wind energy system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 250kW and which is intended primarily to reduce on-site consumption of utility power.
The height above grade of the fixed portion of the tower, excluding the wind turbine and blades.
The parts of a wind system including the blades, generator, and tail.
Permitted use.
Written notice of an application for installation of a small wind energy system shall be provided to all property owners of record within 200 feet of the property boundary lines on which the proposed system is to be located. Notice and proof of service of said notice shall be in the form as provided by the Town of Brutus and shall become part of the building permit application that must be submitted for each small wind energy system proposed.
Small wind energy systems with tower heights of not more than 120 feet shall be allowed on parcels between one and five acres, in all zoning districts. For property sizes of five acres or more, in all zoning districts, there is no limitation of tower heights, except as imposed by FAA regulations, provided that the permit application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. Any limits on structure heights set forth elsewhere in the Town of Brutus Zoning Law are superseded by this section as they apply to small wind energy systems.
Setbacks and fall zones for the system tower shall be no closer in any direction to any adjoining properties than need be to assure that, in the event of a structural failure of any kind, no part of the system shall fall onto an adjoining property. In most cases this distance will be equal to the height of the tower. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.
Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for the determination that the manner of installation conforms to the National Electric Code.
Decibel levels of the system shall not exceed 60 decibels measured at the closest neighboring inhabited dwelling, except during short term events such as utility outages and severe wind storms.
The application shall include standard drawings and engineering analysis of the system's tower and certification by a professional mechanical, structural, or civil engineer. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the most stringent wind requirements.
The system shall comply with all applicable FAA requirements, including Part 77 of Title 14 of the Code of the Federal Aviation Regulations, regarding installations close to airports.
No building permit for the installation of any grid-connected customer-owned generator as part of a wind energy system shall be issued until evidence has been provided that the utility company has been informed of the customer's intent. Off-grid systems shall be exempt from this requirement. All building applications for small wind energy systems shall be accompanied by payment of any and all fees set forth in the duly approved Permit Fee Schedule[2] of the Town of Brutus.
[2]
Editor's Note: Said fee schedule is on file in the Town offices.
Variances. If the proposed small wind energy system fails to meet the above requirements, it is eligible to apply for a variance and, upon satisfactorily meeting the criteria generally applicable to zoning variances, it may be issued a variance and in turn issued a permit.
Pre-existing small wind energy systems. Any small wind energy systems that are in existence in the Town of Brutus prior to the effective date of this Article are deemed to be preexisting uses and may continue in accordance with regulations of the Town of Brutus Zoning Law applicable to preexisting uses.
§ 125-110 Electric vehicle supply equipment regulations.
[Added 4-11-2016 by L.L. No. 1-2016]
Purpose and intent. The purpose and intent of this section is to set forth the Town of Brutus statutory requirements regarding the establishment, siting, and operation of electric vehicle supply equipment in order to protect the public health, safety, and welfare of the residents of Brutus, to facilitate access to electric vehicle supply equipment, and to protect and promote the visual and aesthetic character of the Town.
Definitions. For purposes of this section, and where not inconsistent with the context of a particular subsection, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged; more specifically defined as the following:
Level 1 is considered slow charging, typically requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.
Level 2 is considered medium charging, typically requiring a 40-amp to 100-amp breaker on a 240-volt circuit.
Level 3, or DC fast charge, is considered rapid charging, typically requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DC fast charging uses an off-board charger to provide the AC to DC conversion, delivering AC directly to the car battery.
An electric vehicle charging station that is:
An electric vehicle charging station that is:
The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from the premises wiring to the electric vehicle.
Permitted locations.
Level 1 and Level 2 charging stations are permitted in every zoning district, when accessory to the primary permitted use. Level 2 charging stations shall be subject to building permit approval.
Level 3, or DC fast charge, charging stations are permitted by right in the following zoning districts when accessory to the permitted use. Installation thereof shall be subject to building permit approval.
If the primary use of a parcel is the retail charging of electric vehicle batteries, then the use shall be considered a gasoline service station for zoning purposes. Installation of charging stations shall be located in zoning districts that permit gasoline service stations and shall be subject to all regulations that apply to gasoline service stations.
Design standards and other criteria for electric vehicle supply equipment.
Electric vehicle charging station, restricted use.
Electric vehicle charging stations shall be located in a manner that will not allow public access to the charging station.
Electric vehicle charging station, public use.
Electric vehicle parking and charging stations shall be equal to parking space size and performance standards as provided in § 125-32 of this chapter. The installation of electric vehicle supply equipment shall not reduce the electric vehicle parking space length to below off-street parking space size and standards required under § 125-32.
Installation of EVSE shall meet National Electrical Code Article 625.
Charging station outlets and connectors shall be no less than 36 inches and no higher than 48 inches from the surface where mounted.
Adequate electric vehicle charging station protection, such as concrete-filled steel bollards, shall be installed. Curbing may be used in lieu of bollards if the charging station is set back a minimum of 24 inches from the face of the curb.
Adequate site lighting should be provided unless charging is for daytime purposes only.
If time limits or vehicle removal provisions are to be applied, regulatory signage including parking restrictions, hours and days of operation, towing, and contact information shall be installed immediately adjacent to, and visible from, the electric vehicle charging station.
When EVSE is placed in a sidewalk or adjacent to a walkway, it shall not interfere with the minimum pedestrian clearance widths as defined in Chapter 11 of the New York State Building Code. Accessibility. Cords, cables, and connector equipment shall not extend across the path of travel within a sidewalk or walkway.