Italy Town City Zoning Code
ARTICLE IX
Regulations for Commercial Communication, Transmission, Broadcast and Cellular Communication Towers and Wind Turbines
[1]
NOTE: Sections 350-43, 350-44 and 350-45 of this article apply to all commercial communication, transmission, broadcast and cellular communication towers and wind turbines in the Town of Italy. Individual sections (§§ 350-46, 350-47 and 350-48) cover specific regulations for the installation/operation of: commercial communication, transmission, broadcast and cellular communication towers (§ 350-46); residential, agricultural and commercial wind turbines (§ 350-47); prohibition of industrial wind turbine towers (§ 350-48).
§ 350-43 Purpose.
A.
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/operation of commercial communication, transmission, broadcast and cellular communication towers and wind turbines.
B.
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.
§ 350-44 Uses allowed by special use permit.
[Amended 3-17-2009 by L.L. No. 5-2009; 4-26-2010 by L.L. No. 1-2010; 2-12-2019 by L.L. No. 1-2019]
The following uses [Subsections A through D] are permitted in Agricultural/Residential (AR) Districts (as depicted on the Town of Italy Official Zoning Map) in the Town of Italy, subject to site plan review and the receipt of a special use permit in accordance with all sections of this chapter.
A.
Commercial communication, transmission, broadcast and cellular communication towers and facilities per Article IX, § 350-46.
B.
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding communications facilities for emergency services, was repealed 2-12-2019 by L.L. No. 1-2019.
C.
Non-dish-type private TV reception antennas and/or private communication antennas (short wave, etc.) with a height greater than 60 feet from grade. Antennas of less than 60 feet in height do not require a special use permit.
D.
Residential, agricultural and commercial wind turbines per Article IX, § 350-47.
§ 350-45 Prohibited uses.
[Amended 3-17-2009 by L.L. No. 5-2009; 4-26-2010 by L.L. No. 1-2010]
A.
Any facility, other than those described in of § 350-46 of this chapter, which exceeds 140 feet in height and all down-wind design wind turbines are prohibited in the Town of Italy.
[Amended 2-12-2019 by L.L. No. 1-2019]
B.
Industrial wind turbines.
[Amended 12-10-2014 by L.L. No. 1-2015]
(1)
Industrial wind turbine electricity generating facilitates are not compatible with the Comprehensive Plan and general intent of the Zoning Chapter of the Code of the Town of Italy and are not conducive to the good health, safety or general welfare of the residents and property owners of the Town. Therefore industrial wind turbines are not permitted within the geographic limits of the Town of Italy.
(2)
In the event that a variance is granted by any Board or Court of competent jurisdiction with respect to this prohibition, a noise level limit shall be required for any industrial wind turbine. The noise level produced by any such industrial wind turbine shall not exceed an average ambient noise level plus 6dbA at any property boundaryline or existing residence within the Town of Italy or elsewhere.
(3)
Such noise level limit may be waived by the owner of any property otherwise benefited by that noise level limit. The waiver must specifically identify the property otherwise benefited by such setback requirement. The waiver must specifically identify the subject property by address, deed recording information as to Liber and page, Tax Map parcel number, owner(s) names and address and contain definitive language waving the noise level limit. The waiver must be executed in the form required for a deed to be recorded and recorded in the office of the County Clerk of the County in which the subject property is located.
§ 350-46 Regulating of commercial communication, transmission, broadcast and cellular communication towers.
All commercial communication, broadcast, transmission and cellular communication towers shall comply with all regulations set forth in this chapter, including Article VIII (the Scenic Overlay Protection District, as defined on the Town of Italy Official Zoning Map) in order to qualify for a special use permit.
A.
Area restrictions.
(1)
Tower placement. Towers may be erected only in the AR District as defined on the Town of Italy Official Zoning Map or otherwise herein.
[Amended 2-12-2019 by L.L. No. 1-2019]
(2)
No more than one tower shall be located on any lot. The tower is to be located on the lot no closer than 1.25 times its height, plus any extensions, from any lot lines.
(3)
Maximum tower height shall be 330 feet.
[Amended 2-12-2019 by L.L. No. 1-2019]
(4)
All connecting transmission lines and power cables connected to towers referred to in this section (§ 350-46) shall be three feet or greater underground except where there are NYS designated wetlands or the land formation will not allow underground cable.
B.
Application process (specific to commercial communication, transmission, broadcast and cellular communication tower/facility applications).
(1)
A special use permit and site plan review are required. All applicants for a special use permit to construct or maintain a commercial communication, transmission, broadcast or cellular communication tower/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. The following additional information is required for commercial communication, transmission, broadcast and cellular communication tower/facility applications:
(a)
Name and address of the owner(s) of record of the property and name and address of the applicant, if different.
(b)
A brief written narrative describing the improvements to the property, uses and activities, hours of operation and estimated number of employees (if applicable) and other information the applicant believes to be relevant.
(c)
Names, telephone numbers, addresses, and all other methods of contact of persons who can be contacted in the event of any emergency.
(d)
Description (narrative) of the location of the property by address and tax parcel number, total size of the parcel, and area of parcel(s) to be developed.
(e)
Any other information deemed reasonable and necessary by the Planning Board/Zoning Board of Appeals in its consideration of site plan and/or special use permit approval.
(2)
For communication, transmission and broadcast towers, the applicant shall also submit to the Planning Board/Zoning Board of Appeals documentation that demonstrates why shared use of existing towers is not feasible.
(3)
At the receipt of an application, the Planning Board/Zoning Board of Appeals shall give notice by first-class mail sent to all property owners as of last taxable status to date 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.
(4)
For communication, transmission and broadcast towers, the applicant shall submit certification of approval from the Federal Communications Commission to the Planning Board/Zoning Board of Appeals that the proposed facility meets or will meet with its approval and regulations.
(5)
Failure to notify any property owner shall not be fatal to this special use application.
C.
Special use permit standards. A special use permit may be granted upon receipt of evidence presented which establishes that:
(1)
The proposed facility is located within the geographic area (district) permitted under this chapter.
(2)
The proposed facility complies with all other use and area requirements of this chapter.
(3)
The installation and use of such a facility is prohibited in the event that any adverse impact will be caused to the use, enjoyment and/or value of neighboring properties.
[Amended 2-12-2019 by L.L. No. 1-2019]
(4)
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).
(5)
Before any consideration for any new communication, transmission, broadcast, or cellular communication tower is given, the developer must demonstrate that the project requirements cannot be met via shared tower usage on an existing tower within the Town.
(6)
If the project is not complete within one year, the special use permit will terminate.
(7)
The Planning Board/Zoning Board of Appeals may reissue a special use permit to the applicant/permittee upon good cause showing.
D.
Operating considerations; maintenance.
(1)
Operating considerations.
(a)
No individual tower facility 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.
(b)
No individual tower facility shall be installed in any location where its proximity with an existing fixed broadcast, retransmission, or reception antenna (including residential reception antennas) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic or other interference with signal transmission reception.
(c)
The recipient of the special use permit must correct any unforeseen broadcast interference to the satisfaction of the Town Engineer within 60 days of any complaint (or shut down the facility operation).
(2)
Maintenance of existing facilities.
(a)
Existing facilities may be repaired and maintained without restriction, including like-for-like upgrades, subject to approval by the CEO. However, any modifications 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 same, shall be subject to the provisions of this chapter, including the requirement of a special use permit. In addition, any and all modifications, additions, deletions or changes to wind turbines 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 wind turbines or becomes necessary as result of natural forces, such as wind or ice.
[Amended 2-12-2019 by L.L. No. 1-2019]
(b)
For communication, transmission, broadcast, or cellular communication towers. No existing facility shall be modified in any way which will result in any increase in the level, intensity, or direction of any nonionizing electromagnetic radiation (NEMR) emission existing on the effective date of this chapter, and further provided that at no time shall such modification result in any increase in the level of NEMR over the applicable NEMR standards established by any regulatory agency, private (such as ANSI) or governmental, whichever is lower, and further provided that such emissions from the proposed modification shall not cause some other site to exceed the standards because of the cumulative effect. The NEMR emitted therefrom shall not result in a ground level exposure at any point outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the United States Government or the American National Standards Institute.
(3)
Abandonment or discontinuance of use and operation.
(a)
If transmission service from a commercial tower is to be discontinued for a period exceeding 60 days, the owner of such commercial tower shall notify the Code Enforcement Officer within 30 days of the date of such discontinuance.[1]
[1]
Editor's Note: Former Subsection D(3)(b), regarding dismantling and removal, which immediately followed, was repealed 2-12-2019 by L.L. No. 1-2019.
E.
Registration and reporting.
(1)
[2]Reporting for commercial communication, transmission, broadcast, or cellular communication towers. The owner, manager, or other beneficial party in interest shall submit to the Code Enforcement Officer of the Town of Italy, not less than annually, a report describing the research and development, experimental, or testing activities of its facilities in the Town of Italy during the year, including the hours of operation of those facilities, and certifying, on a form to be provided by the Town of Italy, that during the previous year there have been no NEMR emissions from such facilities at power levels, frequencies, durations, and directional concentrations as would exceed the above standards [see Subsection C(4) of this section] so as to constitute any health hazard to the citizens of the Town of Italy. Further, the applicant shall provide to the Code Enforcement Officer of the Town of Italy any other reports filed with any governmental or regulatory agencies related to the use and operation of these facilities.
[2]
Editor's Note: Former Subsection E(1), regarding registration of new and existing towers, was repealed 2-12-2019 by L.L. No. 1-2019. This local law also renumbered former Subsection E(2) as Subsection E(1).
F.
Insurance.
(1)
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 commercial communication, transmission, broadcast, or cellular communication towers and supporting facilities).
(2)
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.
G.
Consulting engineering expense. See Article XI, § 350-70 of this chapter.
H.
Lighting. No commercial communication, broadcast, transmission, or cellular communication tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime and overcast daytime condition stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing before the Planning Board/Zoning Board of Appeals, as a prerequisite to that Board's (special permit) approval.
I.
Notice and safety considerations.
(1)
Fencing. Access to the tower shall be limited either by means of a fence, 10 feet high around the tower base with a locking gate and topped with two feet of outward angled barbed wire, or by limiting tower climbing apparatus to no lower than 12 feet from the ground or by a locked door to internal stairs (enclosed tube designs). All facility fences shall be constructed no closer than two feet from the lot line.[3]
[3]
Editor's Note: Former Subsection I(2), regarding use of public roads, which immediately followed, was repealed 2-12-2019 by L.L. No. 1-2019.
J.
Certification.[4]
[4]
Editor's Note: Former Subsection J(1) through J(4), regarding inspections, National and state standards, Certificate of compliance, and removal of performance bond, which immediately followed, were repealed 2-12-2019 by L.L. No. 1-2019.
K.
Miscellaneous provisions.
(1)
Insurance. See Subsection F of this section.
(2)
Landscaping. Upon completion of installation, the site shall be returned to its natural state.
(3)
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 said on-site storage building.
(4)
[5]Wind speed/wind load. Certification is required by a registered professional engineer, licensed in the State of New York, or by a manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures, as established by the Building Code of New York State.
[5]
Editor's Note: Former Subsection K(4) through K (6)were repealed 2-12-2019 by L.L. No. 1-2019. This local law also renumbered former Subsections K(7) and K(8) as Subsections K(4) and K(5), respectively.
(5)
Continuing obligations. All requirements detailed in the subsections above remain in force for the life of the special use permit.
L.
Penalties and enforcement.
(1)
Revocation of permit. See Article XI, § 350-68, of this chapter.
(2)
Violations. See Article XI, § 350-65, of this chapter.
(3)
Procedure for abatement of violations. See Article XI, § 350-66, of this chapter.
(4)
Stop-work order. See Article XI, § 350-67, of this chapter.
(5)
Penalties. See Article XI, § 350-68, of this chapter.
M.
Interpretation, conflict with other laws. See Article III, § 350-12, of this chapter.
N.
Severability. See Article III, § 350-11, of this chapter.
O.
When effective. See Article III, § 350-13, of this chapter.
§ 350-47 Regulating the installation of residential, agricultural and commercial wind turbines.
A.
Purpose.
(1)
In keeping with the land use principles included in the Town of Italy Comprehensive Plan, the intent of this section is to promote and protect the public health, safety, welfare and aesthetics of the Town of Italy by regulating the installation of residential, commercial and agricultural wind turbines.
(2)
In any case where the requirements of this section are in conflict with the Uniform Fire and Building Code of New York State, the more stringent regulation shall apply.
 Figure 1 |
B.
Wind turbine placement.
(1)
Wind turbine setbacks, ice and blade throw fail safe provisions; waiver thereof.
[Amended 12-10-2014 by L.L. No. 1-2015]
(a)
Setbacks from adjacent property lines, rights of way, easements, public highways and/or transmission and distribution power lines (not applicable to individual lines to residences or other structures from distribution lines) shall be 1 1/2 times the maximum height of the wind turbine tower, including maximum blade elevation, or two times the maximum ice or blade throw distance measured to the point of ground impact, whichever is greater as certified to by a licensed engineer or the turbine manufacturer.
(b)
Such setback may be waived by the owner of the property otherwise benefited by such setback. The wavier must specifically identify the property otherwise benefited by such setback requirement. The waiver must specifically identify the subject property by address, deed recording information as to Liber and page, Tax Map parcel number, owner(s) names and address and contain definitive language waiving the setback. The waiver must be executed in the form required for a deed to tie recorded and recorded in the office of the County Clerk of the county in which the subject property is located.
(2)
Allowed districts: Agricultural/Residential (A/R) , Lakeshore Residential (LS) and Hamlet (H) districts as delineated on the Zoning Map of the Town of Italy.
[Amended 12-10-2014 by L.L. No. 1-2015]
C.
Application process (specific to residential, commercial and agricultural wind turbine applications). The application shall not be complete until its adoption by resolution of the Planning Board/Zoning Board of Appeals.
(1)
A special use permit and site plan review are required for residential, commercial and/or agricultural wind turbines in the Lakeshore Residential (LR) and Hamlet (H) districts, but not the Agricultural/Residential District (A/R). See Article XI, § 350-47, and Article XII of this chapter. The following additional information is required for wind turbine applications in the LR and H districts:
[Amended 12-10-2014 by L.L. No. 1-2015]
(a)
All information prepared by the manufacturer of the facility for which a permit is being sought, including, but not limited to, the following:
[1]
Make, model, and specifications of the device to be installed.
[2]
Manufacturer's suggested installation instructions.
[3]
Manufacturer's suggested maintenance and/or inspection procedures.
(2)
At the receipt of application, the Planning Board/Zoning Board of Appeals shall give notice by first-class mail sent to all property owners as of last taxable status to date 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.
D.
Special use permit standards. A special use permit may be granted upon receipt of evidence presented which establishes that:
(1)
The proposed facility is located within the geographic area (district) permitted under this chapter.
(2)
The proposed facility complies with all other use and area requirements of this chapter.
(3)
The installation and use of such a facility is prohibited in the event that any adverse impact will be caused to the use, enjoyment and/or value of neighboring properties.
[Amended 2-12-2019 by L.L. No. 1-2019]
E.
Noise level limit.
(1)
Noise level limit. Individual wind turbines shall be located so that the level of noise produced shall not exceed ambient noise level plus 6dbA measured at any boundary line or existing residence in the Town of Italy or elsewhere.
[Amended 12-10-2014 by L.L. No. 1-2015]
(2)
Low-frequency noise (20 to 400 Hz or lower) or "pure tones" (as defined in § 350-3, Definitions) emitted by the turbine units shall be no greater than two dBA over ambient level at the same frequency, as specified above. All noise measurement/mapping shall consider the potential and actual cumulative effect of the sound from all (multiple) wind turbines impacting a specific, nonparticipating site, adjoining boundary line or any other impacted property within the Town of Italy.
[Amended 8-11-2011 by L.L. No. 1-2011]
(3)
A "pure tone" is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
(4)
Such noise level limit may be waived by the owner of any property otherwise benefited by that noise level limit. The waiver must specifically identify the subject property by address, deed recording information as to Liber and page, Tax Map parcel number, owner(s) names and address and contain definitive language waiving the noise level limit. The waiver must be executed in the form required for a deed to be recorded and recorded in the office of the County Clerk of the county in which the subject property is located.
[Added 12-10-2014 by L.L. No. 1-2015]
F.
Shadow flicker. The maximum permissible shadow flicker effect duration at the boundaries of the adjoining lots and right-of-ways 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 (designated as the "defined area") shall be 0.00 hours per year within the threshold distance of 1,000 feet from each individual turbine location.
G.
Consulting, engineering expense. See § 350-70 of this chapter.
H.
Lighting. No residential, commercial or agricultural wind turbine shall be lighted artificially unless such lighting is required by a state or federal agency.
I.
(Reserved)[1]
[1]
Editor's Note: Former Subsection I, regarding scenic viewshed impact, was repealed 2-12-2019 by L.L. No. 1-2019.
J.
Broadcast interference.
(1)
No individual tower facility shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation per certified engineer's report provided to the Town by the developer.
(2)
No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast transmission 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 per certified engineer's report provided to the Town by the developer.
(3)
The recipient of the special use permit shall correct any unforeseen interference to the satisfaction of the Code Enforcement Officer within 60 days of any complaint or shall shut down the facility per certified engineer's report provided to the Town by the developer.
(4)
If it is determined that a wind turbine is causing electromagnetic interference, the operator shall take the necessary corrective actions to eliminate this interference, including relocation or removal of the facility or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of a wind energy permit for specific wind turbines causing the interference.
K.
Specifications.
[Amended 12-10-2014 by L.L. No. 1-2015]
(1)
Maximum tower height limit. Maximum height limit shall be no greater than: 140 feet for residential wind turbines; 140 feet for agricultural wind turbines; 140 feet for commercial wind turbines ( measured to the tip of the rotor blade at its most vertical position).
[Amended 2-12-2019 by L.L. No. 1-2019]
(2)
Structure: lattice or solid tube.
(3)
Design and specifications. [Refer to Subsection C(l) of this section of this chapter.] Detailed design and specifications shall be required during site plan review.
(4)
Ice build up sensors. Ice buildup sensors are not required.
(5)
Connecting cables. All connecting transmission lines and power cables to the wind turbine electricity generation facilities shall be at least three feet underground.
(6)
Blade to ground distance. The lowest portion of the blade shall not be closer than 25 feet to the ground for horizontal-axis turbines and 15 feet to the ground for vertical-axis turbines.
L.
Notice and safety considerations.
(1)
Limit tip speed. No wind turbines shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, turbine components.
M.
Operating considerations.
(1)
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 said on-site storage building.
(2)
Ownership changes. If the ownership of a wind turbine operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including continuing certification requirements of the original owner, shall continue to be obligations of the succeeding owner.
N.
Wind turbine repair and modification. (a) Existing facilities may be repaired and maintained without restriction, including like-for-like upgrades, subject to approval by the CEO. However, any modifications 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 same, shall be subject to the provisions of this chapter, including the requirement of a special use permit. In addition, any and all modifications, additions, deletions or changes to wind turbines 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 wind turbines or becomes necessary as result of natural forces, such as wind or ice.
[Amended 2-12-2019 by L.L. No. 1-2019]
O.
Certifications.
(1)
National and state standards. The applicant shall show that all applicable manufacturers', New York State and U.S. standards for the construction, operation and maintenance of the proposed wind turbine have or will be met and complied with. Wind turbines shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI) or equivalent. The applicant for a wind turbine special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such wind turbine is in compliance with such standards or shall provide a manufacturer's certification to this effect.
(2)
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 wind turbine have been or will be complied with.
(3)
Wind speed/wind load. Certification is required by a registered professional engineer licensed to practice in the State of New York or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for this structure as established by the Building Code of New York State.
(4)
Inspections. An inspection report prepared by an independent professional engineer licensed in the State of New York shall be required at the time of installation of the facility. The inspection report required at the time of installation shall be for the structure shall be provided to the Code Enforcement Officer at owner's expense.
(5)
Continuing obligations. All requirements detailed in this chapter shall remain in force for the life of the special use permit.
(6)
Certificate of compliance. A certificate of compliance is required. See Article III, § 350-7, of this chapter.
P.
Penalties and enforcement.
(1)
Revocation of permit. See Article XI, § 350-68, of this chapter.
(2)
Violations. See Article XI, § 350-65, of this chapter.
(3)
Procedure for abatement of violations. See Article XI, § 350-66, of this chapter.
(4)
Stop-work order. See Article XI, § 350-67, of this chapter.
(5)
Penalties. See Article XI, § 350-68, of this chapter.
Q.
Interpretation, conflict with other laws. See Article III, § 350-12, of this chapter
R.
Severability. See Article III, § 350-11, of this chapter.
S.
When effective. See Article III, § 350-13, of this chapter.
§ 350-48 Prohibition of industrial wind turbine towers.
[Amended 3-17-2009 by L.L. No. 5-2009; 4-26-2010 by L.L. No. 1-2010; 12-10-2014 by L.L. No. 1-2015]
The Town Board of the Town of Italy, in accordance with the Comprehensive Plan of the Town of Italy, has determined that industrial wind turbine towers and their associated energy facilities would have a detrimental impact on the health, safety and welfare of the Town and its citizens, as follows: detrimental impacts on the scenic and aesthetic resources of the Town; interference with residential uses, recreational uses and tourism in the Town; construction impacts, including those associated with erection and operation of high-voltage electric collection lines related to an industrial wind turbine projects in the Town of Italy; safety concerns; impairments of the nature and quality of life in the Town; related health and safety impacts on people in the Town; loss of property values; and other safety and environmental concerns. Accordingly, industrial wind turbines are deemed inconsistent with the Town of Italy Comprehensive Plan and inappropriate for siting within the Town. However, should a judicial order, or state or federal action, allow the placement of industrial wind turbines within the Town of Italy, the regulations.