Irondequoit City Zoning Code
ARTICLE XXV
Small Wind Energy Systems
§ 235-160 Purpose.
§ 235-161 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
The cross-sectional dimension of the circle swept by the rotating blades of a small wind energy system.
A wind energy system that:
For purposes of a small wind energy system, the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire or other component used in the system.
The individual who owns, or intends to own, the property upon which the small wind energy system will be operated.
Blades and associated mechanical and electrical conversion components mounted on top of the wind tower.
The monopole, freestanding, or guyed structure that supports a wind generator.
§ 235-162 Application.
§ 235-163 Standards.
A small wind energy system shall be an accessory use in all zoning districts subject to the following requirements:
A.
Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to its total height plus an additional 20 feet from:
B.
Access.
C.
Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.
D.
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the small wind energy systems, such as appurtenant structures, shall be limited to that required for safety purposes and shall be reasonably shielded from abutting properties.
E.
Appearance, color, and finish. The wind generator and wind tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless a different color is approved by the Planning Board.
F.
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other structure associated with a small wind energy system, visible from any public road are prohibited.
G.
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the requirements for interconnection and operation as set forth in the electric utility's service regulations applicable to wind power generation facilities.
H.
Met towers. A met tower shall be permitted under the same standards, requirements, and procedures as a small wind energy system.
§ 235-164 System conditions.
The owner of the property on which the small wind energy system is located shall maintain the small wind energy system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and safety/security measures.
§ 235-165 Abandonment.
A.
A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Director of Zoning may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond in writing to the notice of abandonment, setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within 30 days from the date of the notice. The Director of Zoning shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.
B.
If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the wind tower at the owner's sole expense within three months following the date of notice of abandonment. If the owner fails to remove the wind generator from the wind tower, the Town may pursue a legal action to have the wind generator removed at the owner's expense.
§ 235-166 Noise.
All small wind energy systems shall comply with the limitations contained in Chapter 160 of the Town Code, unless the Planning Board agrees that those provisions shall not be applicable.
§ 235-167 Variances.
Notwithstanding anything contained in the Town Code, including this chapter, to the contrary, variances to the distance requirements and other requirements and standards contained in this article are not permitted.
§ 235-168 Site plan approval.
A.
Applications for site plan approval shall be by written application on forms provided by the Department of Planning and Zoning. The application shall include a site plan setting forth specific site data on a map, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:
(1)
The location of property lines, utilities, and permanent easements;
(2)
The location of all structures on the subject property and all structures on any adjacent property within 200 feet of the subject property, together with the distance on these structures to the proposed small wind energy system;
(3)
The names of all adjoining landowners as appear on the Town Assessor's records;
(4)
The location, nature, and extent of any proposed fencing, landscaping, and/or screening;
(5)
The location and nature of proposed utility easements and access road, if applicable;
(6)
Standard drawings of the small wind energy system structure, including the tower, base, and footings; drawings of access road(s); and including an engineering analysis and certification of the tower; and
(7)
Data pertaining to the tower's safety and stability.
B.
Such site plan applications required under this section shall also include:
(1)
A completed environmental assessment form;
(2)
A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of one-half mile from the center of the project. The base map used shall be a published topographic map showing man-made features, such as roads and buildings; and
(3)
At least three color photos, taken from locations within a one-half-mile radius from the site and to be selected by the Planning Board and computer-enhanced to simulate the appearance of the as-built small wind energy system as it would appear from these locations.
§ 235-169 Violations.
It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this article or with any condition contained in a building permit issued pursuant to this article.
§ 235-170 Enforcement; penalties for offenses.
§ 235-171 Inconsistency.
All other local laws and ordinances of the Town inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this article shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this article.