Jerusalem Town City Zoning Code
ARTICLE XXIV
Wind Farms
[Added 3-21-2012 by L.L. No. 3-2012]
§ 160-142 Purpose and intent.
The purpose of this article is to address the construction and operation of commercial facilities that convert wind energy to electricity and the necessary electric transmission facilities that transmit this electric power to a commercial power grid. Commercial wind power generation is a nonpolluting source of energy and has the potential to provide the Town and other taxing districts with taxes or payments in lieu of property taxes that can reduce property tax levies. In addition, landowners with commercial wind turbines can receive income from the power generated. The aesthetics of the Keuka Lake area as described in the Town Comprehensive Plan are recognized and must be protected to assure the health of the tourism industry in the region and the character of the neighborhood in the area where the activity may be undertaken. This article establishes a wind farm overlay zone and standards to minimize the environmental impacts resulting from the physical construction and operation of these commercial scale facilities. Furthermore, it strives to maintain the existing use of land close to the commercial wind tower. This article will address the visual, aesthetic and land use compatibility aspects of commercial wind energy conversion units, and more specifically will:
A.
Restrict the location of commercial wind energy conversion units to areas where adverse impacts on the community are minimized.
B.
Require the configuration of commercial wind energy conversion units to be located in a way that minimizes adverse visual impact of the towers.
§ 160-143 Wind Energy Overlay District.
The Wind Energy Overlay District is that area of land within the Town of Jerusalem bounded on the north by the Jerusalem-Potter Town Line, on the east and southeast by the Italy Friend Road, and on the west by the Jerusalem-Italy Town Line. (See attached map.[1])
[1]
Editor's Note: Said map is on file in the Town offices.
§ 160-144 Legislative authority; Planning Board approval; permit required; fees.
A.
This law is enacted pursuant to Article 16 of the New York State Town Law and § 10 of the Municipal Home Rule Law.
B.
The Town Planning Board is hereby authorized to approve, approve with conditions, or disapprove up to 30 commercial wind energy conversion units (CWECUs) within the Wind Energy Overlay District in accordance with § 264 of the New York State Town Law. No CWECU is to be approved outside of the Wind Energy Overlay District.
C.
No CWECU or any portion thereof shall be located or operated in the Town unless it is in accordance with a permit duly issued by the Town Planning Board under this article.
D.
The Town Planning Board shall determine on a case-by-case basis, based upon the specific aspects of the application and the complexity of the application, whether an independent professional engineer or consultant will be required to assist in the review of an application. If the Planning Board determines that independent professional or consulting services are required, the applicant shall be responsible for any and all fees associated with such services. The costs of such services shall be limited to the reasonable standard fees for such independent third party review. The Town shall bill the incurred costs for third party reviews. Failure to pay such billed costs shall constitute a withdrawal of the applicant's application under this article, and such application shall be considered null and void by the Town for all purposes related thereto.
§ 160-145 Procedure for approval of application.
A.
A completed application for a CWECU or a commercial wind energy conversion system (CWECS) shall be submitted to the Town Clerk at least 15 business days prior to a regular meeting of the Town Planning Board. The applicant or his duly authorized representative shall attend the meeting of the Planning Board to discuss the application.
B.
Within 62 days after the Town Planning Board has determined the application to be complete, it shall hold a public hearing. Notice of such public hearing shall be published in the official newspaper of the Town at least 10 days prior to the date thereof. The applicant shall give notice in writing by certified mail to all property owners of record of the land within two miles of the parcel (or parcels) where the site is proposed. The applicant shall mail these notices at least 10 days in advance of the public hearing scheduled in the matter, and file with the Town Clerk the United States Post Office receipts as proof of such notification being made prior to the public hearing date.
C.
Within 62 days of the close of the public hearing, the Town Planning Board shall approve, conditionally approve, or disapprove the application. The time in which the Planning Board may render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Town Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
§ 160-146 Wind measurement towers.
A.
Permitted temporary use. The construction of a temporary wind measurement tower (WMT) for the collection of wind data in a location of a proposed commercial wind farm shall be permitted. Such temporary use shall be for a period of not more than 26 months, and shall be subject to site plan review and approval by the Town Planning Board and the issuance of a building permit by the Zoning Officer, and the posting of a surety in a form acceptable to the Town in an amount sufficient to fund the removal of such tower at the conclusion of the use.
B.
Requirements.
(1)
The distance between the WMT and the property line shall be at least 1.25 times the tip height of the WMT.
(2)
Anchor points for any guy wires for a WMT shall be located within the property on which the WMT is located and not cross any aboveground electric wires. The point of attachment for the guy wire to the anchor shall be sheathed in bright orange or yellow covering from three to eight feet above the ground.
(3)
The New York State Department of Agriculture and Markets guidelines for agricultural mitigation shall be adhered to both in and outside the agricultural districts.
§ 160-147 Application requirements.
The applicant shall submit 15 copies of the application required by § 160-145 and a site plan showing the following information, unless one or more of such requirements are waived by the Town Planning Board for good cause. In addition, the Town Planning Board may request any and all additional information the Town Planning Board might deem necessary for review of such application, but such additional requested information must be reasonable in scope and relevant to the application being reviewed:
A.
Name of the project, a map indicating boundary lines of the parcel (or parcels) that the project will include and the proposed site location(s), date, North arrow and scale of the plan. The maps shall include an overall map of the project, as well as individual site maps for each proposed CWECU.
B.
Name and address of the owner(s) of record of the parcel(s) where the project is proposed to be sited; name and address of the project sponsor and the signed seal, including the name and address, of the engineer, architect, or surveyor preparing, or assisting in the preparation of, the site plan.
C.
Name and addresses of all owners of record, as indicated in the Yates County Clerk's office, of all adjacent property owners to the project and all property owners of any and all parcels within the property setback requirements as specified.
D.
A map showing all existing lot lines, easements and rights-of-way, and a sketch plan showing proposed road access, including provisions for paving, if any, proposed transmission lines and accessory facilities, and location of all existing and proposed utility systems to the project.
E.
A survey of the land to be leased, if applicable.
F.
A map showing existing microwave and communication links within the project boundaries.
G.
A map showing existing and proposed topography at two-foot contour intervals.
H.
A site plan showing all existing natural land features, trees, forest cover, watercourses, wetlands and all proposed permanent changes to these features, including size and type of plant material and erosion control measures.
I.
A fully completed State Environmental Quality Review Act (SEQRA) Environmental Assessment Form.
J.
A visual impact study assessing the visibility of the project from key viewpoints relative to such project, existing tree lines, and proposed elevations. This study shall be digitally enhanced to simulate the appearance of the as-built project as such completed project would appear from distances specified by the Planning Board within a five-mile radius of the location of such project, or any portion thereof. Additional pictures from specific locations may be required by the Town Planning Board, and all such pictures shall be in color and no smaller than five inches by seven inches.
K.
Documentation of the proposed intended capacity of energy generation to be derived from the completed project.
L.
Preliminary report prepared by the applicant describing:
(1)
Surrounding topography in relation to the capabilities for generation of electricity by wind and why the project site was selected for development.
(2)
Required improvements for construction activities, including those within the public right-of-way or land controlled by the Town of Jerusalem.
(3)
Proposed mitigation measures for visual impacts of any and all components, structures, and materials related to the CWECS or individual CWECU including, but not limited to, commercial wind energy conversion units (CWECUs), substation(s), wind measurement towers, support structures and access roads.
(4)
Proposed safety measures to mitigate any potential CWECU failure.
(5)
Documentation and justification for any proposed land clearing around structures within the project.
M.
Elevation map showing the CWECU's height and design, including a cross-section of the structure and components of the nacelle; statement of compliance documenting the unit's compliance with applicable structural standards; and the CWECU's abilities in terms of producing energy.
N.
The applicant shall provide shadow flicker and blade glint information for the area within the boundaries of the parcel upon which the project, or any portion thereof, is to be sited and for any additional area located within a radius of one mile beyond the boundaries of said parcel. Such information shall include a shadow flicker zone map and documentation of the nonreflective coating for the blades. Accompanying such information shall be the proposed schedule with which the nonreflecting coating for the blades shall be reapplied as based on the manufacturer's suggested life of the coating product.
O.
The applicant shall also state the following:
(1)
Identify the most likely locations of shadow flicker, estimate the expected duration of such shadow flicker at these locations per day, and calculate the potential total number of hours per year at each location such shadow flickers may occur.
(2)
Identify potential problem zones where shadow flicker may interfere with existing residences, and describe proposed measures to mitigate these problems, including but not limited to a change in siting of the unit, a change in operation of the unit, or grading or landscaping mitigation measures.
(3)
Provide tax identification numbers for all properties within the potential shadow flicker zones.
P.
The applicant shall submit a lighting plan. This must include location and type of lighting, as well as the expected impact on residential property within a five-mile radius of the project and must be in compliance with FAA minimum lighting requirements and meet the lighting requirements of § 160-48E.
Q.
Description of the applicant's ten-year plan for the project that shall include the estimated market demand and long-term project expansion needs within the Town associated with the project for the duration of the required ten-year plan.
R.
Report showing soil logs and soil profile analysis for any area being disturbed as part of the project.
S.
A complete stormwater pollution prevention plan to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, in compliance with New York State Phase II regulations and Town of Jerusalem Steep Slopes Law.[1]
[1]
Editor's Note: See Ch. 137, Steep Slopes.
T.
The applicant shall, in consultation with the Town of Jerusalem and Yates County, establish an emergency preparedness plan, to be implemented in the event of an emergency requiring immediate response or attention during the construction and operation of the commercial wind energy conversion system or any portion thereof.
U.
The applicant shall present a spill containment response plan, to be implemented in the event of any environmental contamination resulting from, but not limited to, oil or other chemicals. A performance bond or other appropriate mechanism shall be required to deal with this possibility. Such bond or other security shall be filed with the Town Clerk annually and kept in force.
V.
Proof of all required surety or other financial requirements related to the project. Such proof may include, but is not limited to, proof of liability insurance, decommissioning funds, development mitigation funds and all other financial requirements related to the application.
W.
A proposed agreement between the owner and operator of the CWECU or CWECS to be approved by the Planning Board that will cover the following topics:
(1)
A payment in lieu of taxes (PILOT) if the project will be exempt from real property tax;
(2)
A plan for repairing and maintaining Town highways due to damage caused by traffic in excess of that for which such highways are designed;
(3)
A plan for decommissioning the improvements when they have served their useful purpose;
(4)
Such other topics as the Planning Board shall reasonably require.
§ 160-148 Standards.
The construction of a commercial wind energy conversion unit (CWECU) or commercial wind energy conversion system (CWECS) shall be permitted only within the Town Wind Energy Overlay District upon receiving prior permit approval from the Town Planning Board. Such application for a permit shall only be granted if the application complies with the following requirements and such other reasonable conditions that the Town Planning Board requires as part of any conditional approval issued hereunder: No CWECU or CWECS will be permitted outside of the Town Wind Farm Zone.
A.
Location. All CWECUs shall be located, erected and sited in accordance with the following requirements:
(1)
The applicant will evaluate the effects of the CWECS on any migratory flight path of birds and bats. If such problem is found to exist, such problem shall be resolved at the applicant's sole and complete expense to the satisfaction of the Town Code Enforcement Officer.
(2)
No individual commercial wind energy conversion unit (CWECU) shall be installed in any location where such unit's proximity with existing fixed broadcast or reception antenna (including residential reception antenna or satellite system) for radio, television or wireless phone or other personal communication systems where the unit would produce interference with signal transmission or reception. The applicant shall correct (or document significant progress toward corrective action on) any unforeseen interference to the satisfaction of the Code Enforcement Officer within 30 days of any complaint being given to the applicant by the Code Enforcement officer or affected person. To correct such problem:
(a)
The applicant shall provide the affected person(s) with service equal to or better than the service that was interrupted, or an acceptable alternative to such service which is agreeable to the Code Enforcement Officer and the affected property owner.
(b)
If emergency service needs have been affected, such problem shall be remedied by the applicant within 36 hours of notification being given to the applicant by the Code Enforcement Officer or affected person.
(3)
All CWECUs shall be located, installed, or constructed on the subject parcel only in accordance with the following setbacks:
(a)
A distance not less than 625 feet as measured from any and all public roadways or aboveground power lines in the vicinity of said unit, to the base of such unit.
(b)
A distance not less than 1,500 feet as measured from any existing residential building, unless waived in writing by the owner of such neighboring residential building.
(c)
A distance not less than 625 feet as measured from the property lines of the parcel on which said CWECU is to be sited.
(4)
Variance. The Town Zoning Board of Appeals is authorized to grant a variance to the setback requirements of Subsection A(3) of this section in accordance with Article XV of the Town of Jerusalem Zoning Ordinance, only if said Board is in receipt of a written, notarized consent form from the impacted property owner.
B.
Noise. The level of noise produced by or from the operation of the CWECU or CWECS shall be less than six dBA over background noise at the property lines and less than five dBC over background noise at the property lines.
C.
Property values. The owner of the CWECU or CWECS shall agree to reimburse any property owner within a radius of two miles of the CWECS who, based upon an appraisal by a mutually agreed-upon licensed property value appraiser, determines that the value of the owner's property has been reduced due to the presence of the CWECU or CWECS. Such reimbursement shall be made within two years of the commencement of construction of the CWECU or CWECS. This reimbursement shall be only for the loss of property value (all structures and land values) due to the presence of the CWECU or CWECS. The Town Planning Board shall require the applicant to provide a bond in the amount of 50% of the current assessed value of the property (or other security acceptable to the Town Board) for the purpose of complying with such agreement in case the applicant fails to do so. Proof of this bond or other security shall be filed with the Town Clerk before construction may begin.
D.
Emergency shutdown/safety operations.
(1)
The applicant shall file emergency contact information with the Town Clerk, including but not limited to a telephone number and unique ID number, for each wind energy conversion unit, and shall post the information at the entrance of each access road to such wind energy conversion unit so the appropriate people may be contacted should any CWECU need immediate attention or care.
(2)
Each CWECU shall have an automatic manufacturer-certified or engineer-certified braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components or nacelle.
E.
Lighting.
(1)
No CWECU shall be artificially lighted unless such lighting is required by a local, state or federal statute, rule or regulation. The use of nighttime and overcast daytime condition stroboscopic lighting shall be the minimum required by law to satisfy the lighting requirements as issued by the Federal Aviation Administration.
(2)
Light shields, if commercially available, or other devices to block downward lighting must be used. A study of the potential impact of the proposed lighting, as well as any required alterations as determined and required for approval hereunder, on the area surrounding the subject project must be submitted.
(3)
If the minimum lighting requirement, as determined by applicable federal, state or local rules, regulations or statutes change during the course of operation of the wind energy conversion system, the applicant shall alter the lighting and install such lighting in the wind energy conversion system that is at a level equal to or better than such revised minimum requirements.
(4)
Prior notification of any changes in the lighting plan for the project must be communicated to the Town Planning Board prior to installation of such new lighting scheme, and such alterations shall be approved for installation only for good cause shown or in order to bring such project into compliance with any and all statutory and regulatory requirements.
F.
Utility service.
(1)
All power transmission lines servicing the project or any portion thereof shall be underground to a minimum depth of 48 inches or to such depth as required by the Uniform State Fire Prevention and Building Code whichever is greater.
(2)
If this standard is deemed to be technically infeasible, rationale and alternative solutions and designs shall be submitted with the completed application for review and approval by the Town Planning Board. Such approval shall be granted if such alternative is deemed acceptable by the Town Planning Board based upon substantial evidence in the record ensuring such alternative provides the level of protection and safety afforded by the standard set forth in Subsection A this section.
(3)
In the unlikely event of a stray voltage occurrence, the applicant shall be notified, and shall take corrective action immediately fully remedying such occurrence.
G.
Blade sweep. The minimum height of the lowest part of the blade sweep area shall be 30 feet above the highest existing major structure or tree within a one-hundred-fifty-foot radius of the base of the wind energy unit. The total tip height for each wind energy conversion unit cannot exceed 500 feet as measured from the base of the unit to the tip of the unit's longest blade when the blade is at its apogee.
H.
Access roads.
(1)
In an effort to minimize curb cuts, existing roadways shall be used for access to the site whenever possible.
(2)
If existing roadways are not practicable for use as such access, any necessary new roadways shall be constructed in such a way that they are level with the surrounding environment. Unless the landowner upon which such new access road is located signs a waiver requesting such property not be gated, new access roads constructed from existing roadways shall be gated and locked near the intersection of the access road and the existing roadway with breakaway gates allowing emergency access to the roadway.
I.
Accessory structures/facilities. Transmission facilities and/or buildings shall be located along roadways, below ridgelines or behind vegetation to screen such facilities and/or buildings from visibility. If such a facility or building is to be located in or along the side of an open field, the facility or building shall be landscaped in such a way as to blend such facility or building in with the surrounding environment.
J.
Security. To secure each and every CWECU so constructed within the Town, each such unit shall:
(1)
Not have any climbing device of any kind attached to the CWECU closer than 15 feet to the ground; and
(2)
Have a locked anti-climbing device installed on the unit.
K.
Shadow flicker. The owner shall design each proposed CWECU to comply with the shadow flicker limit at all residences, occupied community buildings and roadways. The shadow flicker exposure limit specifications are:
(1)
Maximum of 25 minutes per day of shadow flicker exposure from any individual CWECU or cumulative effect from multiple CWECUs.
(2)
Maximum of 25 hours per year of shadow flicker exposure from any individual CWECU or cumulative effect from multiple CWECUs.
(3)
If shadow flicker exceeds these conditions, the CWECU or CWECUs causing the shadow flicker shall be shut down until the offending condition is remedied.
L.
Environmental contamination by oil or other chemicals. The applicant for a wind energy conversion system, after such application has been approved and before a permit is issued, shall submit the maximum amount letter of credit or other mechanism necessary to ensure the cleanup of any contamination to DEC requirements. The Town Board and the attorney for the Town shall judge the letter of credit or other surety as adequate and satisfactory before such a permit is granted.
M.
Below-grade foundations. The foundation top of each CWECU shall be buried to a depth of four feet below ground, or to the specifications of the New York State Department of Agriculture and Markets guidelines, whichever is greater, to enable use of the land for farming/agriculture during the life of the project.
N.
Road mitigation. To be approved, the applicant shall submit and deposit with the Town a sum of money equal to an amount determined by the Town Board to offset the estimated direct and indirect adverse impacts on the Town's highway system anticipated to be incurred by the Town as a result of the approval of such application.
O.
Decommissioning and restoration. As a condition of approval and prior to the construction of any portion of such wind energy conversion system, each wind energy conversion system shall have a decommissioning plan with related financial surety to be filed with the Town.
(1)
Such plan and surety shall include the following:
(a)
The anticipated life of the project;
(b)
The estimated decommissioning cost in current dollars;
(c)
A method and schedule for updating the costs of decommissioning and restoration;
(d)
A method of ensuring that funds will be available for decommissioning and restoration; and
(e)
The anticipated manner in which the project will be decommissioned and the site restored.
(2)
Prior to approval, the application shall be referred to the Town Board for determination of the financial surety required under this subsection.
(3)
The applicant shall agree to remove such wind energy conversion system and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 consecutive months. The Town Planning Board shall require the applicant to provide a demolition bond or other security acceptable to the Town Board for the purpose of removing such facilities in case the applicant fails to do so as required above. Proof of this bond or similar surety shall be filed with the Town Clerk each year, and recalculated in an amount reflecting the then-current estimated costs for decommissioning such system.
(4)
The applicant shall notify the Code Enforcement Officer within 30 days of the discontinuance of use of any CWECS or any portion thereof.
(a)
Should the applicant fail to notify the Town Code Enforcement Officer as required in this Subsection O(4), the applicant shall be subject to all penalties provided under this article and the following additional penalties.
(b)
A per-day penalty of $200 from the time the applicant should have notified the Code Enforcement Officer as required in this Subsection O(4) to the date the wind energy conversion system or portion thereof is removed or made operational as set forth under Subsection O(6) of this section.
(5)
Should a CEWCS or any portion thereof not operate for a total period of 60 days within any ninety-day period, the Town shall notify the applicant that such offending CWECS or portion thereof shall be removed or made operational as provided in Subsection O(7) of this section.
(6)
The applicant shall remove any discontinued, decommissioned, obsolete or unused commercial wind energy conversion system or portions thereof and restore the site to preconstruction conditions, or make the wind energy conversion system or portion thereof fully operational, within 180 days of delivery or receipt of the notification set forth in Subsection O(5) of this section.
(7)
Prior to the expiration of this time, the applicant may apply to the Town Code Enforcement Officer, and the Code Enforcement Officer may grant, an extension of the time in which such CWECS or portion thereof needs to be removed or made operational, up to an additional time of 180 days. Such extension shall be granted only if the applicant demonstrates good cause that such extension is necessary as a result of uncontrollable events such as weather delays, repair delays or other similar conditions requiring the need for such extension.
(8)
Failure to notify and/or remove any discontinued, decommissioned, obsolete or unused CWECS or portion thereof in accordance with this article shall be in violation of this article and subject the applicant to the penalties set forth herein. In addition, the cost of removing the offending CWECS or portion thereof shall be drawn against the financial surety posted by the applicant for demolition or decommissioning of the project as set forth in this section.
(9)
Any expense incurred by the Town that exceeds the amount of such financial surety or is not covered by said surety shall be reimbursed by the applicant.
(10)
Upon completion of all such removal activities by the Town, any remaining portion of the posted surety shall be returned to the applicant forthwith.
P.
Post-installation.
(1)
On an annual basis, a post-installation field report identifying the CWECU or CWECS's generation of electricity, and impacts upon the environment, including but not limited to any adverse drainage patterns then existing, sites of erosion in vicinity of the system, and other potential adverse environmental conditions, shall be submitted by the applicant to the Town Board. This report shall also include all complaints and remedial actions logged by the applicant and any other reasonable items that may be requested by the Town Planning Board. This report shall be filed annually with the Town Clerk.
(2)
If it is determined that any CWECS or portion thereof is operating outside the parameters of the zoning requirements and conditions of approval, the applicant shall be notified, and any and all necessary remedies implemented. If the problem cannot be remedied within an appropriate amount of time, based on its nature and severity, the Code Enforcement Officer may require the CWECS or a portion thereof be shut down until such repairs can be made. If the applicant and the Code Enforcement Officer are unable to agree on an appropriate time or method for remedying such problem, either party shall ask the Town Board to determine such a reasonable time or method of remedy.
(3)
Safety issues deemed to be of an imminent significant threat to the health, safety and/or welfare of any person affected by the wind energy conversion system or any portion thereof as determined by the Code Enforcement Officer shall require the immediate shut down of the CWECS or portion thereof until corrective action is taken and the imminent significant threat fully mitigated.
§ 160-149 Operating considerations.
A.
Landscaping. Upon completion of installation, the site shall be returned as close as possible to its natural state, including, but not limited to, restoring the subsoil and topsoil to preconstruction condition and reforestation of at least 40% for any woodlands that have been cleared.
B.
Building and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or stored in a locked on-site storage building. All maintenance equipment, spare parts, oil or chemicals (cleaning, pesticides, fuels), shall also be stored in said on-site locked storage building.
C.
Ownership changes. If the ownership of a CWECU or CWECS changes, the approved permit shall remain in full force and effect. All requirements of the approved permit, including bonding, letters of credit or continuing certification requirements of the original owner shall continue to be obligations of the succeeding owners. All such changes in ownership shall be registered with the Town Clerk within 30 days of such transfer, and any emergency contact information posted shall be changed accordingly.
D.
Commercial wind energy conversion unit modifications. Any and all modifications, additions, deletions or changes to a CWECU or CWECS, whether structural or not, shall not be made until it has been approved by the Town Planning Board.
E.
Repairs. However, prior approval as set forth in Subsection D of this section shall not be required for repairs which become necessary in the normal course of operation of the CWECU or CWECS, become necessary as a result of natural forces such as wind or ice, as a result of any other acts of God, or for repairs caused by the malicious or negligent acts of any persons or the behavior of animals.
§ 160-150 Certifications.
A.
Routine inspection report. An inspection report prepared by a qualified professional engineer licensed in the State of New York shall be required at the completion of the installation of the CWECU or CWECS. Said inspection report shall certify that the wind energy system and any portion thereof complies with all manufacturing specifications and any and all rules, regulations and statutes pertaining thereto. Said inspection report shall be filed with the Code Enforcement Officer and the Town Clerk.
B.
During construction. During construction of a permitted facility, the Code Enforcement Officer shall have access to the project for the purpose of making inspections of the progress of construction to insure compliance with applicable rules and regulations.
C.
Insurance, liability. Prior to the issuance of a building permit regarding an approved CWECS, the applicant shall file with the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance in a reasonable level as determined by the Town Board in consultation with the Town's insurer, guided by industry standards, to cover damage or injury which might result from the CWECS or any portion thereof. Such liability insurance shall also name the Town and the current property owner of record as an additional insured, unless said property owner waives such coverage in writing.
D.
National and state standards. In addition to any requirements of this article, the applicant shall show that all applicable manufacturers, New York State and United States standards for the construction, operation and maintenance of the proposed CWECUs have been met or are in compliance. CWECUs 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).
E.
Continuing obligations. All requirements detailed in this article shall remain in full force and effect for the duration of the granted permit.
§ 160-151 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY FACILITIES OR EQUIPMENT
Any structure, other than a CWECU, related to the use and purpose of deriving or distributing energy from such towers located at or near the CWECS site.
APPLICANT
Any person applying to develop, own, locate, construct or operate a wind energy conversion system within the Town. All requirements placed upon an applicant under this article or by way of approval of a permit issued hereunder shall be fully and completely binding upon the owner, his/her/its successors, heirs and assigns of the wind energy conversion system being submitted for review hereunder.
BLADE GLINT
The intermittent reflection of the sun off the surface of the blades of a CWECU.
COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (CWECS)
More than one CWECU designed to generate power only for transfer to a commercial utility grid including all structures and facilities utilized or necessary for the normal operation of the project being submitted by an applicant under this article, including, but not limited to, wind energy conversion units, all accessory facilities and equipment thereto, and/or any portion thereof.
COMMERCIAL WIND ENERGY CONVERSION UNIT (CWECU)
Any single mechanism designed for the purpose of converting wind energy into electrical energy, and transferring the energy to a commercial power grid. A CWECU is capable of producing one or more megawatts of power and does not produce power for on-site consumption. This definition shall include the tower, monopole, or other structure supporting the mechanism at its final working location. The height of a CWECU shall be considered the vertical distance as measured from the average elevation at the base of the structure to the tip of the highest point of the structure including all blades when at their apex position.
COMMERCIAL WIND FARM (CWF)
A commercial enterprise consisting of one or more CWECS located and attached as a group to the commercial utility grid.
DECOMMISSIONED
Status applied to a wind energy conversion unit when it has been nonproductive for a period of one year, or when the unit or project no longer provides a useful service.
FALL ZONE
Fall zone shall be a level distance perpendicular to the base equal to the total height of the wind energy conversion unit plus the rotor at a full and upright vertical position.
NACELLE
The portion of the wind energy conversion unit that connects the rotor to the support tower and houses the generator, gearbox, drive train and braking system.
RESIDENTIAL STRUCTURE
Any permanent structure with electric power, running water and capable of inhabitation.
RIGHT OF WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.
SETBACK
The area of land measured along the ground out a horizontal distance in any direction from the structure or facility being regulated under this article.
SHADOW FLICKER
The effect from the sun shining through the turning blades of the wind energy conversion unit and casting a shadow over the landscape.
TIP HEIGHT
Tip height is equal to the distance from the ground to the tip of the rotor blade in a full and upright vertical position.
TOWER HEIGHT
Tower height is equal to the distance from the ground to the top of the tower not including the nacelle or rotor blades.
TOWER SITE
Site where one or more commercial wind energy conversion unit(s) will be located, including all accessory facilities or equipment.
WIND MEASUREMENT TOWER (WMT)
A tower installed for a temporary period of time to measure wind velocity, direction and duration.
§ 160-152 Penalties for offenses.
Any person who violates or knowingly permits the violation of this article or any amendment thereto shall be deemed to have committed a violation and shall be subject to the following penalties: a minimum of $25 to a maximum of $350 per day or 15 days imprisonment, or both. Every week such violation is determined to have existed shall be deemed to constitute a separate and additional offense for which the person may be subject to the penalties set forth herein.