Cato Town City Zoning Code
ARTICLE XI
Wind Energy Systems
§ 114-51 Purpose and intent.
To promote the effective and efficient use of the Town's wind energy resources through wind energy conversion systems (WECS) and to regulate the placement of such WECS so that the public health, safety, and welfare are not jeopardized.
Wind energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources.
The generation of electricity from properly sited wind turbines can be cost effective, and in many cases, existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or on-site consumption can be reduced.
This article is designed to properly regulate and site wind energy facilities and thus deal with potential problems they can create including: aesthetic impacts, drainage problems, harm to farmlands, a risk to bird and bat populations, risks to the property values of adjoining properties, significant noise, traffic problems during construction, and electromagnetic interference with various types of communication.
§ 114-52 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any structure other than a wind turbine, related to the use and purpose of deriving, collecting or distributing energy from such wind turbines located on or associated with a wind energy facility.
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, as defined in Subdivision 13 of New York Agriculture and Markets Law § 301, and timber processing, as defined in Subdivision 14 of New York Agriculture and Markets Law § 301. Such operations may consist of one or more parcels of owned or rented land which may be contiguous or noncontiguous to each other. The use of land for agricultural production purposes, including tilling of the soil, dairying, pasture, animal and poultry husbandry, apiculture, arboriculture, horticulture, floriculture, viticulture, and accessory uses for packing, storing, processing and retail sales of products, provided that the operation of any such accessory uses shall be secondary to that of the principal agricultural production activities.
A form used in the environmental review process under the State Environmental Quality Review Act ("SEQRA") as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
A wind energy conversion system ("WECS") consisting of one or more wind turbines, towers, and associated control or conversion electronics which has a rated capacity greater than 150 kilowatts and is intended to supply some portion of its produced electrical power for sale to a power grid. WECS with a rated capacity of 25 megawatts or more are governed by Article VI, § 94-C of the New York State Executive Law.[1]
Any dwelling for habitation, either seasonally or permanently, by one or more persons that have not entered into any agreement with a wind energy developer to allow for a WECS on or near their property. A residence may be part of a multi-dwelling or multi-use building and shall include buildings such as hotels, hospitals, motels, dormitories, sanitariums, long term care facilities, schools or other buildings used for educational purposes, or correctional institutions.
A mechanism used to limit the speed of blade rotation to below the design limits of the WECS.
Any dwelling for habitation, either seasonally or permanently, by one or more persons that has entered into an agreement with a wind energy developer to allow a WECS on or near their property. A residence may be single-family or may be part of a multi-dwelling or multi-use building and shall include buildings such as hotels, hospitals, motels, dormitories, sanitariums, long term care facilities, schools or other buildings used for educational purposes, or correctional institutions.
A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction that is installed to permanently monitor wind conditions for the life of a project.
Any federal, state, county, city, town or village road which is open to the public, or private road regularly used by multiple persons for access to separate off-site parcels of land, access to which is unrestricted by the owner(s) of said private road.
The parcel(s) of land where the WECS is to be placed including related tower and transmission equipment. The site may be publicly or privately owned by an individual or group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements.
A WECS consisting of one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity of greater than 10 kilowatts but not more than 150 kilowatts and a total height of greater than 50 feet but not more than 125 feet.
The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.
A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction installed prior to construction of a WECS for wind site assessment which remains in place for a limited period of time. The data provided allows the developer to determine the economic viability of the project as well as to select the optional type of turbine for the location.
Height of WECS measured from ground elevation to top of tip of blade in vertical position.
Support structure, including guyed, monopole, and lattice types, upon which wind turbine or other mechanical device is mounted.
A WECS consisting of one wind turbine, one tower (or other mounting system), and associated control or conversion electronics which has a rated capacity of 10 kilowatts or less and a total height of 50 feet or less.
A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill"). A WECS can be commercial or noncommercial. A WECS may include one or more wind turbines, towers, associated control or conversion electronics, transformers, and/or maintenance and control facilities or other components used in the system. The turbine or windmill may be on a horizontal or vertical axis, rotor, or propeller.
Any WECS or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures that are under common ownership or operating control.
§ 114-53 Applicability.
The substantive and procedural requirements of this section shall apply to all wind energy facilities that are not governed by Article VI, § 94-C of the New York State Executive Law which are proposed, operated, modified, or constructed after the effective date of this article. The substantive requirements of this section shall apply to all wind energy facilities proposed, operated, modified, or constructed after the effective date of this article to the extent not overridden by Article VI, § 94-C of the New York State Executive Law.
Wind energy facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this article shall not be required to meet the requirements of this section, however;
Any such preexisting wind energy facility which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy.
No modification or alteration, excluding regular maintenance and repair, to an existing wind energy facility shall be allowed without full compliance with this section.
§ 114-54 Permits required.
No wind energy facility shall be constructed, reconstructed, or modified in the Town of Cato except in compliance with this article.
Notwithstanding the preceding sentence, where a WECS has been granted necessary permits, variances or other land use authorizations, and has been built and is operating under such authorizations, such existing use(s) may be continued under the terms of such authorization so long as the use is not changed, extended, enlarged, or structurally altered.
Very small wind energy conversion systems.
Very small WECS are permitted as accessory uses in the Agricultural (A), Residential (R) and Waterfront Residential (W) Zoning Districts.
Very small WECS may be constructed, reconstructed, or modified without being issued a special use permit.
A building permit is required for the installation of all very small WECS.
Very small WECS must comply with the following safety standards:
The minimum distance from the ground to the rotor blade tips shall not be less than 10 feet.
Each very small WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or over speed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No very small WECS shall be permitted which lacks 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.
Small wind energy conversion systems.
Small WECS are permitted in the Agricultural (A) and Residential (R) Zoning Districts with a special use permit.
No small WECS shall be constructed, reconstructed, or modified in the Town of Cato except pursuant to special use permit and site plan approval from the Planning Board issued in accordance with this article.
No small WECS wind energy facility shall be constructed, reconstructed, or modified in except pursuant to a building permit from the Code Enforcement Officer.
§ 114-55 Applications for a small WECS.
In addition to the requirements for special use permits in Article VII of this chapter, an application for a special use permit for a small WECS shall include the following:
Name, address, and telephone number of the applicant and land owner and affidavit of agreement between landowner and facility owner, if any.
Address or other property identification of each proposed facility including Tax Map number, existing use and acreage of parcel, and zoning designation.
A description of the facility and project including data pertaining to the tower's safety and stability, including safety results from test facilities and certification from the turbine manufacturer that the turbine is manufactured to operate at safe speeds, and the make, model, a picture, and manufacturing specifications including noise decibel data and maximum rated capacity.
Vertical drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, and the location of climbing pegs and access doors.
A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly show the following:
Property lines, physical dimensions of the site, and the location, dimensions and types of existing structures and uses on the site.
Public roads and access roads.
Adjoining properties within 500 feet of the site including zoning designations, residences, schools, churches, hospitals, and libraries within 1,000 feet of each tower.
The proposed location, elevation, and total height of the WECS.
Above- and below-ground utility lines within a radius of 1.5 times the total height of the WECS.
Setback lines.
All other proposed facilities on the site including transformers, electrical lines, storage or maintenance units, ancillary equipment or structures, transmission lines, and fencing.
A full Environmental Assessment Form ("EAF") and visual EAF addendum.
A copy of written notice of the application to the Federal Aviation Administration ("FAA"), microwave communications link operators, and electric utilities, including utility interconnection data and a proposed lighting plan to be reviewed by the FAA showing FAA required lighting, if applicable and other proposed lighting.
A detailed fire control and prevention and emergency response plan to coordinate with local emergency response providers.
A preliminary transportation plan describing ingress and egress to the proposed project site to deliver equipment and provide access during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges, or other infrastructure, as well as measures which will be taken to restore damaged or disturbed access routes following construction.
A survey map showing federal, state, county or local parks, recognized historic or heritage sites, state-identified wetlands, or important bird areas within a radius of five miles, as identified in federal, state, county, local or New York Audubon's GIS databases or other generally available documentation.
A list of property owners, with their mailing addresses, within 500 feet of the outer boundaries of the proposed site.
Studies or reports on:
Visual impact. This shall include a computerized photographic simulation showing the site fully developed and demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The study shall also indicate the color treatment of the facility's components and any visual screening incorporated into the project that is intended to lessen visual prominence.
Noise. This shall include a description and map of the project's noise-producing features and the noise-sensitive environment, including the range of noise levels and the tonal and frequency characteristics expected. The report shall include noise levels at property lines, off-site residences, and any other sensitive noise-receptors, i.e., hospitals, libraries, schools, and places of worship, with identification of potential problem areas. The report shall cover low frequency, A-weighted, pure tone, and repetitive/impulsive noise. It shall also include a report prepared by a qualified professional that analyzes the preexisting ambient noise. The report shall describe the project's proposed noise-control features, including specific measures proposed to protect construction workers and mitigate noise impacts for sensitive receptors, consistent with levels in this article.
Electromagnetic interference. This shall include an analysis of the potential for electromagnetic interference with microwave, radio, television, personal communication systems, 911, and other wireless communication.
Avian impact. This shall include an analysis of bird and bat migration, nesting, and habitat that would be affected by the proposal. The applicant shall solicit input from the New York State Department of Environmental Conservation on such studies and shall follow any pertinent protocols established, adopted, or promulgated by the Department.
Geotechnical impact. This shall at a minimum include an analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
Engineer's report. This shall be prepared by a professional engineer licensed in New York State and provide information regarding:
Ice throw. The report shall calculate the maximum distance that ice from the turbine blades could be thrown.
Blade throw. The report shall calculate the maximum distance that pieces of the turbine blades could be thrown.
Catastrophic tower failure. The report shall include a statement from the turbine manufacturer detailing the wind speed and conditions that the turbine is designed to withstand.
Certification by a registered New York State professional engineer that the foundation and tower design are sufficient to withstand wind-loading requirements for structures as established by the New York State Uniform Construction Code.
Shadow flicker. This shall identify locations where shadow flicker may interfere with off-site residences and roadways and the expected duration of the flicker. The study shall identify measures that shall be taken to eliminate or mitigate the problem.
Land use and water impacts. This shall detail potentially impacted wetlands, surface water and groundwater resources, and the geology and land use of the site.
§ 114-56 Application review process for a small WECS.
Application. Applicants for a special use permit for a small WECS must submit the application to the Code Enforcement Officer, who shall within 30 calendar days determine if all required information is included in the application. If the application is incomplete, the applicant will be provided with a written statement detailing the missing information. If the application is complete, the Code Enforcement Officer will forward the application to the Planning Board.
Review procedure. In addition to the requirements of this article, the procedure and criteria for the Planning Board's review and approval of a special use permit for a small WECS shall be in accordance with the procedures in Article VII.
Findings. To grant the special use permit, the Planning Board must find that the wind energy facility will not unreasonably interfere with the Town's orderly land use and development plans, the benefits to the applicant and the public exceed the burdens, the project is not detrimental to the public health, safety, or general welfare of the community, and the project complies with all of the relevant provisions of the zoning ordinance or will comply with those requirements based on conditions that may be attached to the approval unless variances have been granted.
§ 114-57 Environmental review for a small WECS.
Any applicant for a wind energy project of more than 10 kilowatts shall complete an Environmental Impact Statement (EIS) in accordance with SEQR or other state equivalent pursuant to 6 NYCRR Part 617.
In addition to any other requirements mandated in 6 NYCRR Part 617, the EIS shall include the following:
A detailed construction and installation plan for the wind energy facility including: a construction schedule, hours of operation, routes to be used by vehicles, gross weights and heights of vehicles, traffic impacts, drawings of access roads, adverse sound impacts, a detailed plan for disposal of debris, and the name and phone number of a contact person in the field.
An operation and maintenance plan that provides for regular maintenance schedules for the small WECS and any special maintenance requirements.
A final transportation plan describing ingress and egress to the project site to deliver equipment and provide access during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges, or other infrastructure, as well as measures which will be taken to restore damaged or disturbed access routes following construction.
A landscaping plan showing the current vegetation, describing the area to be cleared, listing the specimens proposed to be added, and detailing regrading and restoration measures to be taken after construction according to New York State Agriculture and Markets and New York State Department of Environmental Conservation guidelines. The plan should also include details regarding how erosion and sediment control will be dealt with.
Hearings. The Planning Board shall conduct at least one public hearing on the Draft EIS with notice given to the public in the accordance with 6 NYCRR Part 617.12(c)(2).
§ 114-58 Criteria for approval of a small WECS.
Safety standards.
The total height of each small WECS shall not be more than 125 feet.
The minimum distance from the ground to the rotor blade tips shall not be less than 15 feet.
Small WECS shall not be climbable up to 10 feet above the ground. This can be achieved through anti-climbing devices or a fence around the tower with locking portals at least six feet high.
All access doors on towers or to electrical equipment shall be locked or fenced.
There shall be clearly visible signs on all small WECS, electrical equipment warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include a twenty-four-hour emergency contact number.
Small WECS shall comply with all applicable FAA requirements for air traffic warning lights.
No artificial lighting shall be allowed on small WECS except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.
Each small WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No small WECS shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
The Planning Board may require a reasonable setback for ice throw based upon the report submitted pursuant to § 114-55A(12)(f)[1] herein.
Siting and installation.
Road access to project site. Subject to the property owner's preference, entrances to access roads must be gated and kept locked. The applicant must only use designated traffic routes established in the application review process. Routes should be chosen to minimize traffic impacts taking into consideration wind energy facility related traffic during school bus times, wear and tear on local roads, and impacts on local businesses. Existing roads should be used to the extent possible or if new roads are needed they should minimize the amount of land used and the adverse environmental impacts. The applicant is responsible for remediation of any damaged roads due to siting and installation of the wind energy facility.
Power lines. Power lines between turbines and any other buildings or structures should be completely underground. Power lines for connection to the public utility company and transmission poles, towers, and lines may be aboveground.
Connection of transmission lines from the wind energy facility to local distribution lines.
No construction of any small WECS shall be started until evidence is given of a signed interconnection agreement or letter of intent with an interconnecting utility company.
The wind energy facility shall meet the requirements for interconnection and operation as set forth in the electric utility's then current service regulations applicable to wind power generation facilities.
Transmission lines and points of connection to local distribution lines should be combined to the extent possible. The wind energy facility should be connected to existing substations if possible, or if new substations are needed, the number should be minimized.
Any construction on agricultural land shall be conducted according to the New York State Department of Agriculture and Markets "Guidelines for Agricultural Mitigation for Wind Power Projects" and shall not be located on active farmland and shall be located towards the edge of fields and tillage acreage to the fullest extent practical. Prime agricultural soils and soils of statewide significance shall also be avoided.
Setbacks.
Each small WECS shall be set back 1.5 times tower height from all existing residences, structures, and buildings on a nonparticipating landowner's property.
Each small WECS shall be set back 1.5 times tower height from the nearest school, hospital, church, or public library.
Each small WECS shall be set back 1.5 times tower height from all property lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and public roads.
Waivers. Setbacks may be waived by the Planning Board if there is written consent from the affected property owners at the beginning of construction stating that they are aware of the small WECS and the setback limitations imposed by this article and that their consent is granted to allow reduced setbacks.
In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement describing the benefited and burdened properties, must be recorded in the County Clerk's office. The easement shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of decommissioning of the benefitted small WECS in accordance with this article, or the acquisition of the burdened parcel by the owner of the benefitted parcel. If written consent is not obtained, a variance from the Zoning Board of Appeals shall be required to waive setback requirements.
Nuisance.
Noise:
The noise level generated by a small WECS shall not exceed 45 A-weighted decibels ("dBA") for more than six minutes out of any one-hour time period, or exceed 50 dBA for any time period, as measured at the site property line of a nonparticipating residence.
The noise level generated by a small WECS must also not increase ambient sound levels by more than 3 dBA at any sensitive noise receptors, including residences, hospitals, libraries, schools, and places of worship, within 2,500 feet of the site property line.
If the ambient noise level measured at the site property line exceeds the standard, the standard shall be equal to the ambient noise level plus 3 dBA.
Independent certification shall be required after construction demonstrating compliance with this requirement.
Interference with electromagnetic communications, radio signals, microwave and television signals. No wind energy facility shall be installed in any location where its proximity with microwave communications, fixed broadcast, retransmission or reception antenna for radio, wireless phone, or other personal communications systems would produce substantial electromagnetic interference with signal transmission or reception. Any interference with television signals shall be mitigated by the wind energy developer.
Environmental and visual effects.
Advertising. No advertising shall be allowed on any part of the wind energy facility including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the turbine manufacturer, facility owner, and facility operator is permitted.
Colors and surfaces of small WECS. Colors and surface treatment of all small WECS shall minimize visual disruption by using white, beige, off-white, gray, or another nonreflective, unobtrusive color. Subject to the preceding sentence and all applicable FAA requirements other small WECS components (excluding the tower and blades) shall make use of materials, textures, screening, and landscaping that blend the facility into the natural setting and existing environment to the extent practicable.
Landscaping. Subject to the landowner's preference, the landscaping of the wind energy facility should be appropriate to screen accessory structures from roads and adjacent residences. It should be designed to minimize the impacts of land clearing and loss of open space.
Visual setbacks. Small WECS should be set back from the tops of visually prominent ridgelines and designed and located to minimize adverse visual impacts to neighboring residential areas. Small WECS shall not be installed in any location that would substantially detract from or block the view of all or a portion of a recognized scenic vista as viewed from any public viewing areas such as public parks, roads, trails, or open space.
Shadow flicker. Small WECS shall be located in a manner that makes reasonable efforts to minimize shadow flicker to any occupied building, residences, or roadway on a nonparticipating landowner's property. Wind energy developers shall be required to undertake reasonable mitigation measures for shadow flicker in accordance with the preferences of the land owner provided it allows the continued operation of the small WECS. This mitigation obligation shall be incorporated into any special use permit approval.
Operation.
Maintenance. The owner of the small WECS shall submit an annual report of operations and maintenance to the Code Enforcement Officer.
All small WECS must be maintained in operational condition meeting all of the requirements of this article and other permit conditions at all times, subject to reasonable maintenance and repair outages. If the small WECS becomes inoperative, damaged, unsafe, or violates a permit condition or standard, the owner/operator shall remedy the situation within 90 calendar days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by an additional 90 calendar days if good cause can be shown by the owner.
If the small WECS is not repaired or brought into permit compliance within the time frame stated above, the Planning Board may, after a public hearing, order remedial action or revoke the special use permit and order removal of the small WECS within 90 calendar days.
Inspections. All wind energy facilities shall be inspected annually for structural and operational integrity by a New York State licensed professional engineer, who has been approved by the Town. The Town's Code Enforcement Officer and a New York State licensed engineer have the right to enter the premises of the wind energy facility at any reasonable time to inspect the small WECS for the purpose of said annual inspection.
§ 114-59 Abatement, decommissioning, site restoration plan and bond for small WECS.
Abatement and decommissioning.
If the wind energy facility is not operated for a continuous period of 12 months, the Code Enforcement Officer will contact the applicant by registered mail and provide 45 calendar days for a response. The applicant is required to respond and set forth reasons for the stoppage and a timetable for action. If the Code Enforcement Officer has made all reasonable efforts to notify the applicant but the applicant does not satisfactorily respond, the Code Enforcement Officer can request the Town Board to contract for removal and restoration using the money in the decommissioning bond, after salvage value, and charge the applicant any difference in cost.
Decommissioning and site restoration plan.
The plan shall include:
The anticipated life of the small WECS;
Triggering events for decommissioning and removal;
The estimated decommissioning costs in current dollars, determined by a professional engineer licensed in New York State. The engineer selected shall be mutually agreed upon by both the Town and the WECS operator, and the cost of the engineer's services shall be billed to the WECS operator;
How the estimate was determined;
Provision for a re-estimate of such decommissioning costs every five years by a professional engineer licensed in New York State. The engineer selected shall be mutually agreed upon by both the Town and the WECS operator, and the cost of the engineer's services shall be billed to the WECS operator; and
The manner in which the small WECS will be decommissioned and the site restored including removal of all structures, turbines, cabling, electrical components, debris, and foundations to a depth of 36 inches, restoration of the soil and vegetation, and restoration of roads and driveways, less any fencing or residual minor improvements requested by the landowner.
Bond.
A decommissioning bond payable to the Town of Cato in an amount to be determined by the engineer, as set forth in Subsection B(1) herein, for removal of nonfunctional small WECS and restoration of the wind energy facility site shall be maintained by the applicant.
The bond, letter of credit, or other equivalent form of security must be confirmed to be sufficient to cover decommissioning and site restoration costs every five years.
§ 114-60 Liability insurance.
Prior to issuance of a building permit for a small WECS, the applicant shall provide the Code Enforcement Officer with proof of a general liability insurance policy at a level to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury that might result from failure of any part of the WECS.
§ 114-61 Transfer and replacement.
If ownership of a small WECS changes, the new owner must present full contact information and proof to the Code Enforcement Officer that all required bonds and insurance policies remain in full force 30 calendar days prior to the transfer of ownership.
Any replacement of or modification or alteration to a small WECS, excluding regular maintenance and repair, requires an amendment to the special use permit, which amendment shall not be unreasonably withheld.
Replacement of a small WECS may occur without Planning Board approval when there will be:
§ 114-62 Requirements for wind measurement towers.
The Town Board acknowledges that prior to construction of a small WECS, a wind site assessment is conducted to determine the wind speeds and the feasibility of using particular sites. Installation of wind measurement towers, also known as anemometer towers, shall be permitted as a special use in the Agricultural (A) or Residential (R) Zoning Districts.
Anyone seeking to build a temporary or permanent wind measurement tower must submit an application for a special use permit to the Planning Board. The special use permit for a temporary wind measurement tower is valid for up to two years and may be renewed.
An application for a wind measurement tower shall include:
Name, address, and telephone number of the applicant.
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 application.
Address of each proposed tower site, including Tax Map section, block, and lot number.
Site plan.
Decommissioning plan, based on the criteria in this article for small WECS, including a security bond or cash for removal.
Wind measurement towers must be set back from property lines at least 1.5 times the total height of the tower and shall not be located on active farmland and shall be located towards the edge of fields and tillage acreage to the fullest extent practical. Prime Agricultural Soils and Soils of Statewide Significance shall also be avoided.
Removal.
Temporary wind measurement towers shall be removed no later than date applicable special use permit expires.
Subsequent to removal of temporary or permanent wind measurement towers, installation sites shall be restored to a condition substantially similar to the site's condition upon installation of wind measurement tower.
§ 114-63 Enforcement and violations.
The Town Board shall appoint such Town staff, including the Code Enforcement Officer, or outside consultants as it sees fit to enforce this article.
During construction, the Code Enforcement Officer may issue a stop-work order at any time for violations of this chapter, the special use permit, building permit, or site plan approval.
Any person owning, controlling, or managing any building, structure, or land who undertakes a wind energy facility in violation of this article or in noncompliance with the terms and conditions of any permit issued pursuant to this article, or any order of the Code Enforcement Officer, and any person who assists in so doing, shall be guilty of a violation and subject to the fines, penalties, and procedures in Article XIV of this chapter.
In case of any violation or threatened violation of any of the provisions of this article, including any permits issued pursuant to this article, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation to prevent the illegal act in accordance with the provisions in Article XIV of this chapter.