Chili City Zoning Code
ARTICLE XVIII
Wind Energy Conversion Systems
§ 500-116 Purpose.
The Town of Chili recognizes the increased demand for alternative-energy-generating devices and facilities, the need for the reduced pollution and less expensive power that wind energy devices and facilities can provide. Often wind turbine facilities require the construction of single or multiple wind turbines. The purpose of these regulations is to protect the community's interest in properly locating wind energy devices and facilities in a manner consistent with sound land planning, while also allowing private and commercial providers to meet their power generating objectives.
§ 500-117 Permitted and prohibited uses.
A.
A SWECD maybe constructed and operated within the GI, LI, GB, PID and RA Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.
B.
An MWECD maybe constructed and operated within the GI, LI, GB, PID and RA Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.
C.
An LWECD may be constructed and operated within the GI, LI, GB, PID and RA Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.
D.
No WECFs shall be located within any Airport Overlay District without the approval of the Federal Aviation Administration (FAA) and Monroe County Airport Authority.
E.
No WECD shall be installed in any location along the major axis of an existing microwave communications link where its operation has a likely potential to produce electromagnetic interference in the link's operation.
F.
No WECD shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna (including residential reception antenna) for radio, television, navigational, wireless phone or other wireless communications systems would produce electromagnetic interference with signal transmission or reception. The applicant may be required to submit acceptable documentation as part of the special use permit to determine if the project would in any way cause interference with microwave transmissions, residential television reception, or radio reception.
G.
WECDs with a maximum component height greater than 400 feet above the ground surface shall not be permitted in any zoning district.
§ 500-118 Additional standards.
No special use permit shall be granted for a WECD facility unless it is determined by the Planning Board that the proposed use meets all of the following criteria, in addition to the site plan and special use permit review criteria found in the Town of Chili Code:
A.
No experimental, homebuilt or prototype WECD shall be allowed without acceptable documentation from a New York State licensed professional engineer estimating the probable radius of tower collapse and probable blade or ice throw distance in the event of failure, a submittal of the complete design specifications and calculations and an acceptance by the Planning Board of setbacks which the Planning Board may require to be greater than the minimums established elsewhere in the Code.
C.
Setbacks.
(1)
Each SWECD shall be set back, as measured from the center of the SWECD, a minimum distance of:
(a)
One and one-half times the maximum height of any SWECD component above ground surface from any other SWECD, overhead utility lines, public roads, any on-site dwelling or other on-site building or structures that can be occupied, or any agricultural building, with the exception that SWECD designed for installation on the roof of a building shall have the setback to that building waived, provided that the facility is designed and stamped by a New York State licensed professional engineer. A New York State licensed professional engineer or his or her designated representative must observe the design and installation of the SWECD and provide documentation to the Town that the installation was performed in accordance with the design.
(b)
Three times the maximum height of any SWECD component above ground surface from any neighboring property line.
(2)
Each MWECD shall be set back, as measured from the center of the MWECD, a minimum distance of:
(a)
One and one-half times the maximum height of any MWECD component above ground surface from: any other MWECD, on-site dwelling or other on-site building or structure than can be occupied, agricultural building, overhead utility lines or public roads;
(b)
One thousand feet from any adjacent property line;
(c)
One hundred feet from state wetland buffers, state wetlands and federal wetlands.
(3)
Each LWECD shall be set back, as measured from the center of the LWECD, a minimum distance of:
(a)
One and one-half times the maximum height of any LWECD component above ground surface from any other LWECD, on-site dwelling or other on-site building or structure than can be occupied, agricultural building, overhead utility lines or public roads;
(b)
One thousand seven hundred feet from any adjacent property line;
(c)
One hundred feet or 1.5 times the height of any WECD, whichever is greater, from state wetland buffers, state wetlands and federal wetlands.
D.
No WECD tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. If lighting is required, the lighting alternatives and design chosen shall be the lowest intensity allowable under the Federal Aviation Administrations regulations. Minimum security lighting for ground-level facilities shall be allowed, provided that no such lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or that creates a public safety hazard due to glare. No lighting with a greater intensity than 1/2 footcandle, measured at five feet above the ground at the property line, shall be installed. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground.
E.
Signs.
(1)
No advertising signs are allowed on any part of the WECF, including fencing, support structures, and wind turbines. No lettering, brand names, logo, company insignia, advertising, or graphics shall be on any part of the tower, hub, rotor, blades, generator or tail vane.
(2)
A sign no more than four feet square in area shall be posted on the entry area of the fence around each tower or group of towers and any building (or on the tower or building if there is no fence) containing the following:
(3)
The Planning Board may require additional signs based on safety needs.
F.
WECFs shall be finished with an unobtrusive, nonreflective, matte finished color or camouflage scheme. WECDs in an established wind farm system that are located within 1,000 feet of each other must be of uniform design, including tower type, color, number of blades and direction of blade rotation, unless a variance is obtained.
G.
Noise.
(1)
The sound pressure level generated by a WECD shall not exceed a six A-weighted decibel (dBA) increase over ambient noise level measured at the adjacent property lines. Ambient noise shall be measured as the lowest LEQ(60) dBA observed over a twenty-four-hour period, during which wind speed is below the cut-in speed of the proposed WECD. Multiple sets of twenty-four-hour measurements may be combined to obtain a set of twenty-four-hour measurements for which the wind speed is below the WECD cut-in speed, provided that the lowest ambient noise level of the data set is picked for each individual hour.
(2)
The WECD operating sound pressure level used for comparison to the ambient noise level shall be the maximum sound pressure level generated by the WECD.
(3)
For MWECDs and LWECDs, independent measurements and certification shall be provided before and after construction demonstrating compliance with this requirement according to a noise study whose methods are approved by the Town as part of the special use permit.
(4)
For SWECDs, a noise assessment based on manufacturer's noise data as certified by the Small Wind Certification Council or other documentation acceptable to the Town and conducted in conformance with the guidance provided by the New York State Department of Environmental Conservation's Program Policy "Assessing and Mitigating Noise Impacts," DEP-00-1, shall be provided unless the Town requests additional measurements. For this assessment, ambient noise levels can be measured or can be assumed to be LEQ(60) 25 dBA in residential zoning districts and LEQ(60) 50 dBA in other zoning districts. Regardless of the results of such analysis, SWECDs are required to comply after construction and during operation with the requirements of Subsection G(1).
(5)
In the event audible noise due to WECD operations contains a steady pure tone, such as a whine, screech, or hum, the noise generated by the WECD, as measured at the adjacent property lines, shall not exceed the ambient noise level.
(6)
Ambient noise levels shall be measured at adjacent property lines. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone.
H.
No WECDs shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
I.
The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
J.
Power transmission lines from the WECD or other components of a WECF to on-site substations or the property boundaries shall be underground to the maximum extent practicable.
K.
A digital viewshed map showing the impact of topography upon the visibility of the project from locations throughout the region, to a distance of five miles from the center of the project shall be provided for LWECDs. The viewshed map shall be constructed in accordance with the New York State Department of Environmental Conservation guidance document "Assessing and Mitigating Visual Impacts - DEP-00-2." The scale used shall depict a three-mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks.
L.
Color photographs, at least eight inches by 10 inches, taken from locations selected by the Town within a three-mile radius of the boundaries of the facility site shall be provided for all WECDs (not including SWECDs). Said photographs shall simulate the appearance of the as-built aboveground site facilities as such would appear from said locations. The number of photographs to be submitted shall be determined by the Town, but shall be in no event less than the number of proposed individual wind turbines plus three. All WECDs shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads and trails). To the greatest extent feasible, WECFs shall use natural landforms and vegetation for screening from public viewing areas and neighboring residential areas.
M.
WECD Towers shall have either:
N.
No MWECD or LWECD shall be supported with guy wires. MWECDs and LWECDs shall be of a monopole design.
O.
The applicant shall conduct an assessment of potential shadow flicker due to any WECD in the area defined as a circle centered on the location of the WECD up to and including a distance of 10 times the WECD blade diameter. The study shall identify locations where shadow flicker maybe caused by the WECD and the expected durations of the flicker at these locations. The assessment shall identify areas where shadow flicker has the potential to interfere with the use of residences or other habitable structures and describe measures that shall be taken to mitigate the effects of shadow flicker.
P.
For LWECDs, a preconstruction study shall be conducted to establish the likely impacts on birds, bats, and other wildlife as well as possible mitigations. The applicant shall provide surveys of the biological resources, migration patterns and determination of the protection status in an area where turbines are being considered. Data shall be commensurate with the size of the proposed project and reflect loss of habitat and vegetation, including potential bird and bat collisions with any LWECD components.
Q.
WECD construction or ground disturbance involving land in agricultural districts shall comply with the New York State Department of Agriculture and Markets publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects."
§ 500-119 Applications for wind measurement towers.
An application for a wind measurement tower shall include:
A.
The 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.
B.
The 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.
C.
The address of each proposed tower site, including Tax Map section, block, and lot number.
D.
A site plan.
E.
A decommissioning plan, based on the criteria in this section for WECD, including a security bond or cash for removal.
§ 500-120 Standards for wind measurement towers.
A.
The distance between a wind measurement tower and the property line shall be at least the total height of the tower. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.
B.
Special use permits for wind measurement towers may be issued by the Planning Board for a period of up to two years. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.
§ 500-121 Liability insurance.
Prior to issuance of a building permit for a WECD and continuing after construction until such facility is removed from the site, on an annual basis the applicant shall provide documentation satisfactory to the Town of the existence of liability insurance coverage with reasonable limits as set by the Planning Board in consultation with the Town's insurance advisor, for property damage, injury or death resulting from the construction, placement, use, maintenance or operation of a WECD by the owner of the site. The Town of Chili is to be named as additional insured for all required insurance policies.
§ 500-122 Removal of WECD facilities.
A.
Upon approval of a special use permit for the construction of a WECD, the applicant shall provide and maintain a performance letter of credit issued by a surety provider licensed in New York State in a form acceptable to the Town or such other security acceptable to the Town for the removal of the WECD and associated facilities and property restoration in an amount acceptable to the Town Board.
B.
When a special use permit is renewed or modified, the Town Board may adjust the required amount of the letter of credit to adequately cover increases in the cost of removal of the WECD and property restoration.
C.
The owner of the site shall notify the Town, in writing, 30 days prior to the discontinuance of the use of such facility. Failure to notify the Town and/or remove the obsolete or unused WECD or facility in accordance with this article shall be a violation of this chapter and shall be enforced in accordance with this Chapter 500 of the Town Code. Unused WECD and accessory structures shall be removed from any site within six months of the discontinuance of the use thereof. Removal shall include removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, removal of all access roads, restoration of the soil, and restoration of vegetation and finished grade within six months of the end of the project life or facility abandonment.
D.
Prior to Planning Board approval, the applicant for all MWECD and LWECD shall submit a decommissioning plan describing the intended disposition of the WECF at the end of their serviceable life or upon becoming discontinued. The plan shall describe at a minimum the following:
(1)
Any agreement with the landowner regarding equipment removal upon lease termination.
(2)
Provisions for the removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, removal of all access roads, restoration of the soil, and restoration of vegetation and finished grade within six months of the end of the project life or facility abandonment.
(3)
The anticipated cost of removing the WECF and the financial resources that will he available to pay for the decommissioning.
(4)
The cost estimate(s) shall be provided by a competent party, such as a New York State licensed professional engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning.
E.
The owner of the site will provide the Town, written annual reports indicating the energy generation activity of any MWECD or LWECD. Reports are due on or before the 15th month following the issuance of certificate of occupancy from the Building Department for any MWECD or LWECD and every 12 months thereon after for the life of the MWECD or LWECD.
F.
Any WECD found not to be in operation for more than six consecutive months, will he deemed discontinued and must be removed from the site at the owner's expense.
G.
Any discontinued WECD must be removed from the site within 90 days. Failure to remove any WECD within 90 days may result in the Town contracting to have the device/s removed at the site owner's expense.