In keeping with the land use principles included in the Town of Italy Comprehensive Plan, the intent of this article is to promote and protect the public health, safety, welfare and aesthetics of the Town of Italy by regulating the installation of electrical substations.

In any case where the requirements of this article are in conflict with the Uniform Fire and Building Code of New York State, the more stringent regulation shall apply.

A special use permit and site plan review is required. All applicants for a special use permit to construct or maintain an electrical substation facility within the Town of Italy must make application to the Code Enforcement Officer on forms prescribed for that purpose and to the Planning Board/Zoning Board of Appeals for site plan review in conformance with special use permit requirements and site plan review and this chapter. (NOTE: Any additional forms required will be adopted by the Town Board from time to time as needed.) See Article XI, § 350-74, and Article XII of this chapter. The application shall not be complete until its adoption by a motion of the Planning Board.

For projects that will require an acre or more in size, a stormwater pollution prevention plan (SWPPP) is required, prepared by a qualified professional engineer licensed in the State of New York and following the guidelines and regulations of the New York State Department of Environmental Conservation.

At the receipt of the application, the Planning Board/Zoning Board of Appeals shall give notice by first-class mail to all property owners at their tax billing address of record within 2,000 feet (based upon property lines) of the lot upon which the proposed facility is to be constructed or maintained. Such notice must contain the following information: the street address of the property in question, a scale sketch of the location of the facility on the property (prepared by the applicant), and the date, time and place of the public hearing on said application. The expense for this notification shall be borne by the applicant.

The proposed facility complies with all other use and area requirements of this chapter.

All electrical work during construction and any repairs/additions at any time shall comply with the National Electrical Safety Code.

The proposed facility is adequately screened and buffered from neighboring properties in order to minimize the impact on said properties.

(Reserved)[1]

The nonionizing electromagnetic radiation (NEMR) emitted from the facility does not result in a ground level exposure at any point outside said facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the United States Government or the American National Standards Institute (ANSI) and NYS Department of Health and any other applicable agency.

Color. Any portions of an electrical substation mandated to be painted shall be painted dark green unless an agency of the state or federal government mandates another color/finish.[2]

Nature of the facility, including a description of its function and purpose.

Names of the owners, managers, and other parties who are responsible for the control and operation of the facility. This shall also include the names of any persons on whose property the facilities are located.

Emission data pertaining to nonionizing electromagnetic radiation (NEMR), if any, including levels, direction, and orientation of emissions at the property line and/or right-of-way.

Names, telephone numbers, addresses, and all other methods of contact of persons who can be contacted in the event of any emergency.

Identification of and contact information for any regulatory agencies who are involved in any way in the licensing or regulation of the facility.

Any changes in the information or data required to be furnished by this chapter shall be provided within 30 days of any such changes by the filing of an amended statement of registration with the Code Enforcement Officer. Such filing shall not, however, be interpreted to authorize any violation of the provisions of this chapter or of any permit issued pursuant to same.

Prior to issuance of a building permit, the applicant shall provide the Town, in the form of a duplicate insurance policy issued by an insurance company, of liability insurance of a level to be determined by the Planning Board/Zoning Board of Appeals and approved by the Town Board in consultation with the Town's insurer, which provides for any and all losses associated with the permittee and its activities (including, but not limited to, the construction, operation, maintenance and decommissioning of the electrical substation and supporting facilities).

The Town of Italy is to be named as additionally insured in the policy, and the policy is to include a hold-harmless clause in reference to the Town of Italy.

The primary noise mitigation measure shall be by setback (or alternate siting). Electrical substation setbacks for noise shall be established in accordance with the following electrical substation siting/location regulations. Electrical substations shall be located with relation to property and right-of-way lines so that the level of noise produced during operation shall not exceed (per DEC recommendations) an increase in noise over the lowest measured (see Subsection B) ambient level of six dBA (expressed as an LA 0 value) measured at the boundaries of the adjoining lots and rights-of-way as those boundaries exist at the time of the special use permit application (or on any other impacted properties located anywhere within the Town) that are owned by nonsite (nonparticipating) owners. In the event that the noise level of an electrical substation exceeds six dBA over ambient level, the facility shall be shut down until the noise level can be brought to within acceptable limits (six dBA over ambient measured prior to the installation of any energy transmission support facility). If this cannot be accomplished within six months from issuance of complaint, the facility shall be immediately shut down and dismantled within one year.

Prior to the issuance of a special use permit, ambient site noise level shall be measured at each electrical substation site at the boundaries of the adjoining lots and rights-of-way as those boundaries exist at the time of the special use permit application (or on any other impacted properties located anywhere within the Town) that are owned by nonsite (nonparticipating) owners during the months of December, January or February, as follows: measurement of ambient noise level (in dBA) to be taken in ten-minute segments, and expressed as LA 0 values, on a continuous basis for a minimum of 14 consecutive twenty-four-hour periods, with the ambient level to be the lowest recorded A-weighted 90 (LA 90) value of these segments over the entire fourteen-day evaluation/measurement period (and not the average of all the LA 90. All ambient noise measurements/studies shall be measured and completed within one year of the special permit application date with all data collection and analysis completed by qualified sound measurement consultants and/or engineering firms specializing in this field. Consultant/engineer qualifications shall be established and approved by the Town of Italy Code Enforcement Officer prior to conducting any studies.

No electrical substation shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.

No electrical substation shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antennas (including residential reception antennas for radio, television, or wireless phone or other personal communication systems) will produce electromagnetic or other interference with signal transmission or reception.

The owner and/or operator shall certify that the proposed project individually and cumulatively shall meet and comply with all FCC standards and requirements.

All connecting transmission lines or power cables to an electrical substation shall be underground.

Fencing. An electrical substation shall be enclosed on all sides by a protective fence 10 feet high with an additional two feet of barbed wire slanted outwards. Any access gates shall be closed and locked except when necessary to obtain access thereto.

Caution signs. Signs stating "no trespassing" and warnings of "high voltage" shall be placed on each side of the fence and shall each be a minimum of one foot square.[1]

Identify all such public roads; and obtain applicable weight and size permit from relevant government agencies prior to construction.

To the extent an applicant, owner, or operator must obtain a weight or size permit from the (county or Town), the applicant, owner, or operator shall: conduct a preconstruction baseline survey to determine existing road conditions for assessing potential future damage; and secure financial assurance, in a reasonable amount agreed to by the relevant parties, including but not limited to the Town Board and Highway Superintendent for the purpose of repairing any damage to public roads caused by constructing, operating or maintaining the electrical substation. (See also § 350-63E.)

Town or seasonal use roads shall not be widened or improved for project/facility use by the Town of Italy or the developer without the written approval of the Town Board.

Building and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or kept in an on-site storage building. All maintenance equipment, spare parts, oil, etc., shall also be kept in an on-site storage building.

Ownership changes. In the event of change of ownership of a electrical substation operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, or continuing certification requirements of the original owner, will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the Code Enforcement Officer within 10 days.

Repairs and modifications. Existing electrical substations may be repaired or maintained without restriction. However, any and all modifications, additions, deletions or changes to an electrical substation that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such electrical substations or become necessary as a result of natural forces, such as wind or ice. While facilities may be repaired and maintained without restriction, any modification to any such facility, whether or not incidental to repair or maintenance, which may result in a change in the surface, subsurface, or air space occupied by such facility, including any device used in connection with the same, shall be subject to the provisions of this chapter and special use permit regulation(s).

Performance bond for environmental contamination. The owner of an electrical substation, after such application has been approved and before a building permit is issued, shall submit the maximum amount financial security bond necessary to ensure the cleanup of any contamination according to NYSDEC requirements. A consultant of the Town's choosing and Town Attorney shall judge the financial security bond adequate and satisfactory (in their sole discretion) before a building permit is issued.

Performance bond for road damage. The owner of an electrical substation, after such application has been approved and before a building permit is issued, shall submit the maximum amount financial security bond necessary to ensure the repair of any damage to the public roadways in the Town of Italy according to Town requirements. A consultant of the Town's choosing, the Town Attorney and Town Road Supervisor shall judge the financial security bond adequate and satisfactory (in their sole discretion) before a building permit is issued.

Lightning strike/grounding. The applicant shall show that all applicable manufacturers', New York State and U.S. standards for the construction, operation and maintenance of the proposed electrical substation have been or will be complied with.

Continuous obligations. All requirements detailed in all subsections above remain in force for the life of the special use permit.

Revocation of permit. See Article XI § 350-68, of this chapter.

Violations. See Article XI, § 350-65, of this chapter.

Procedure for abatement of violations. See Article XI, § 350-66, of this chapter

Stop-work order. See Article XI, § 350-67, of this chapter.

Penalties. See Article XI, § 350-68, of this chapter

Interpretation, conflict with other laws. See Article III, § 350-12, of this chapter.

Severability. See Article III, § 350-11, of this chapter.

When effective. See Article III, § 350-13, of this chapter.