Lysander City Zoning Code
ARTICLE XXX
On-Site-Use Wind-Energy Systems
§ 320-87 Purpose.
The Town of Lysander seeks to promote the safe, effective, and efficient use of on-site-use wind-energy systems in order to reduce the consumption of utility-supplied electricity. It is the purpose of these regulations to balance the use of such wind-energy systems with potential impacts on the health and safety of the residents of the Town of Lysander and to preserve and protect the aesthetic qualities of the Town of Lysander.
§ 320-88 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A wind-energy conversion system consisting of a wind turbine, a tower, and associated controller-conversion electronics that has a rated capacity of no greater than 125 kW at 25 miles per hour and that is intended to reduce on-site consumption of electricity purchased from a utility company.
A machine that converts the kinetic energy in the wind to a usable form (commonly known as a "wind turbine" or "windmill"). The wind-energy conversion system or "WECS" includes all parts of the system.
Multiple, large-scale wind-energy conversion systems sited on a single parcel, or adjacent parcels, designed to generate and sell electricity to a utility company.
§ 320-89 Application.
A.
Compliance required. Following the enactment of this article, no person shall construct or operate an on-site-use wind-energy system within the Town of Lysander except in compliance with the provisions of this article, and without first having obtained a permit as specified in § 320-90.
B.
Relationship to wind farms. These regulations relate to only small or on-site-use wind-energy systems and do not address large-scale wind turbines or wind farms, which are typically intended to sell electricity directly to power companies or retail users.
C.
Allowed locations. On-site-use wind-energy systems shall only be allowed in the Industrial, Agricultural, and AR-40 Zoning Districts.
D.
Minimum lot size. Only one on-site wind-energy system shall be allowed on any individual parcel of land, which parcel shall be at least five acres in area and have a road frontage of at least 200 feet. Any subdivision of land on which an existing wind-energy system is located shall maintain this requirement.
E.
Agricultural taxing districts. Owners of an active farm operation located in an agricultural taxing district are exempt from the requirement to obtain a special use permit and site plan review as set forth in § 320-90. Such owners may construct and operate an on-site wind-energy system as part of normal farm operation by obtaining a building permit from the Code Enforcement Officer. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with § 320-90A(4), (5), (6), (7) and (8), § 320-91, and § 320-92.
§ 320-90 Permits required.
No person, firm, or corporation, or other entity being the owner or occupant of any land or premises within the Town of Lysander shall construct or operate an on-site-use wind-energy system without obtaining a special use permit issued by the Zoning Board of Appeals and a site plan approval issued by the Planning Board as hereinafter provided.
A.
Special use permit. The following criteria are hereby established for purposes of granting a special use permit for an on-site-use wind-energy system under this article:
(1)
Noise limitations. The level of noise produced during wind turbine operation shall not exceed 50 dBa beyond the present ambient sound levels at preconstruction levels, as measured at the boundaries of the parcel on which the system is located. The applicant will be required to submit technical data to the satisfaction of the Zoning Board of Appeals as to this requirement. This obligation shall be a continuing obligation with exceptions only for short-term events such as utility outages and severe windstorms.
(2)
Height. On-site-use wind-energy systems shall not exceed a total height of 80 feet on lots between five and 10 acres in area and shall not exceed a total height of 150 feet on lots greater than 10 acres in area, as measured from the ground to the top of the highest point of blade height (tip) as extended at its highest vertical point, provided that the application includes specific evidence that the proposed total height does not exceed the height recommended by the manufacturer or distributor of the on-site-use wind-energy system.
(3)
FAA requirements. Wind-energy conversion systems must meet all Federal Aviation Administration requirements.
(4)
Ground clearance. The minimum distance between the ground and any part of the rotor blade must be 30 feet.
(5)
Emergency shutdown/safety. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any wind turbine need immediate repair or attention. This telephone number should be clearly visible on a permanent structure or post located outside of the fall zone of the tower. Location should be convenient and readily noticeable to someone likely to detect a problem. Further, no wind turbine shall be permitted which lacks automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components or enclosed shelter.
(6)
Lightning protection. All wind-energy system towers shall have lightning protection.
(7)
Ownership. Ownership of the wind-energy system must be the same as the owner of the fee interest in the real property upon which it is situated. In the event of transfer of ownership of the premises, the ownership of the wind-energy conversion system must also be transferred to same or the tower must be decommissioned and removed.
(8)
Utility service. All power lines from the wind turbines to on-site interconnection equipment shall be located underground and installed by certified professionals and must meet all applicable national, state, and local electrical codes.
(9)
Lighting. No on-site-use wind-energy systems under this provision shall be artificially lighted, unless so required by the FAA. Use of nighttime, and overcast daytime conditions, stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration may be subject to on-site field testing before the Zoning Board of Appeals as a prerequisite to the Board's approval with specific request to existing residential uses within 2,000 feet of each tower for which such strobe lighting is proposed.
(10)
Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. In the case of constructing any roadways necessary to access the wind-energy systems, they shall be constructed in a way that allows for the passage of emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress and egress to the tower.
(11)
Security/anticlimb device. The design of each device shall not allow for climbing by the public for a minimum height of 15 feet from the ground.
(12)
Decommissioning. The applicant shall submit to the Zoning Board of Appeals (with a copy to the Planning Board) a letter of intent committing the owner, and his or her successors-in-interest, to notify the Building Inspector within 30 days of the discontinuance of the use of the on-site-use wind-energy system. This letter of intent shall be filed with the Code Enforcement Officer prior to the issuance of a building permit. The owner shall remove the unused wind turbines and accessory structures within one year of the discontinuance. Failure to remove the unused tower in accordance with these regulations shall be a violation of this article and shall permit the Town or its contractor, upon 30 days' written notice by first class mail to the property owner as shown on the last completed assessment roll, to enter the property and remove the unused wind turbine(s) and accessory structures at the expense of the property owner. If the owner fails to pay the expense upon request, the Town may pursue collection from the owner, including, without limitation, assessing the expense of the removal as a lien against the property on the property owner's real property tax bill. In addition, should the wind-energy system be nonoperational for any continuous six-month period, the approvals granted shall be deemed void and the wind-energy system shall be decommissioned subject to a new approval under this article.
(13)
Setbacks. Wind-energy systems shall be set back a distance equal to twice the height of the tower plus blade length from all property lines, public roads, power lines, and existing and future structures. Setback distances shall be measured from the base of the tower. Additional setbacks may be required by the Zoning Board of Appeals in order to provide for the public's safety, including the possibility of ice thrown from the blades.
(14)
Emergency communications towers. A wind-energy system shall not be allowed within one-half mile of an existing emergency communication tower unless the Onondaga County Department of Emergency Communication provides written confirmation that the proposed wind-energy system will not compromise the effectiveness of the emergency communication tower.
B.
Site plan review. The Planning Board shall review the site plan for any application for an on-site-use wind system. The following submission requirements must be observed regarding a site plan application.
(1)
Completed application form as supplied by the Town of Lysander for site plan approval for an on-site-use wind-energy system.
(2)
Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application.
(3)
A plot plan and development plan drawn in sufficient detail, as prepared by a licensed engineer or surveyor, clearly describing:
(a)
Property lines and physical dimensions of the proposed site, including contours at five-foot intervals;
(b)
Location, approximate dimensions, and types of all existing structures and uses on the site;
(c)
Location and elevation of the proposed on-site-use wind-energy system;
(d)
Location of all existing aboveground utility lines on the site;
(e)
Location of all roads and other service structures proposed as part of the installation; and
(f)
Soils at construction site.
(4)
Placement. All towers shall be located in such a manner as to minimize visual impacts to nearby residents, taking into account the locations of existing structures as well as the size and configuration of the parcel on which the wind-energy system will be located.
(5)
Color. Neutral paint colors (grays) may be required to achieve visual harmony with the surrounding area.
(6)
Guy wires. Anchor points for guy wires for the on-site-use wind-energy system tower shall be located within the required setback lines for accessory structures and not on or across any aboveground electric transmission or distribution lines.
(7)
In no event shall more than one on-site wind-energy system be granted for a residential lot, unless a variance is obtained from the Zoning Board of Appeals.
(8)
All applications shall be accompanied by a full environmental assessment form, including a visual impact analysis. The following additional material may be required by the Planning Board:
(a)
Project visibility map showing the impact of topography upon visibility of the project from other locations, to a distance radius of three miles from the center of the project. Scaled use shall depict a three-mile radius as not smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features.
(b)
No fewer than four color photos taken from locations within a three-mile radius from the proposed location, as selected by the Planning Board, and computer enhanced to simulate the appearance of the as-built aboveground site facilities as they would appear from these locations.
(9)
Site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning Board determines that the proposed on-site-use wind-energy system is oriented in its location upon the site as to layout, coverage, screening, means of access, and aesthetics so that:
§ 320-91 Compliance with Uniform Building Code.
A.
Building permit applications shall be accompanied by standard drawings of structural components of the on-site-use wind-energy conversion system, including support structures, tower, base and footings. Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer that the system complies with the New York State Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.
B.
Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the seismic and structural design provisions of the New York State Fire Prevention and Building Code.
§ 320-92 Compliance with state, local, and national electric codes.
A.
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electric Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electric Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
B.
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electric Code and good engineering practices.
§ 320-93 Insurance.
The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the on-site-use wind-energy system at all times. Said policy shall provide a minimum of $300,000 property and personal liability coverage.
§ 320-94 Inspections.
The Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind-energy system is being or is constructed, to inspect all parts of said wind-energy system installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or the structural stability of the system. If necessary, the Code Enforcement Officer or Town Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb, or property.
§ 320-95 Power to impose conditions.
In granting any site plan approval, special use permit, or variance for an on-site-use wind-energy system, the Zoning Board of Appeals or Planning Board, as the case may be, may impose reasonable conditions to the extent that such Board finds that such conditions are necessary to minimize any adverse effect or impacts resulting from the proposed use on neighboring properties.
§ 320-96 Fees.
Fees for applications and permits under this article shall be established by resolution of the Town Board.
§ 320-97 Nontraditional wind-energy systems.
A.
Acknowledging that wind-energy conversion technology is rapidly evolving, it is the intent of the Town Board to periodically review changes in such technology and amend this article as warranted. Until such amendments are enacted, small-scale wind-energy conversion systems that differ from the traditional "windmills" addressed in this article, and which are designed to supplement residential energy use, shall be allowed in all zoning districts with the conditions set forth below.
B.
Any owner desiring to install and operate a small-scale, nontraditional wind-energy conversion system shall first obtain a building permit from the Code Enforcement Officer. Such building permit shall only be issued upon demonstration that the system conforms to the applicable zoning regulations. Such systems shall be considered to be residential accessory structures. The minimum setback from any property line for freestanding ground-mounted systems shall be the height of the system including foundation and blade length. In addition, applicants for a building permit shall demonstrate that the nontraditional wind-energy conversion system conforms to the New York State Fire Prevention and Building Code and complies with the National Electric Code, as well as applicable state and local electrical codes.
§ 320-98 Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment is rendered.