Mount Morris Town City Zoning Code
ARTICLE XIII
Wind Energy Conversion Systems
[Added 12-29-2005 by L.L. No. 3-2005]
§ 48-70 Applicability.
The purpose of this article is to regulate the design approval, placement and access of wind energy conversion systems (WECSs).
§ 48-71 Applicable zoning district.
Subject to the provisions set forth hereinafter, WECSs shall be allowed only in Low-Density Residential (LR) Districts.
§ 48-72 Definitions.
A.
As used in this article, the following terms shall have the meanings indicated:
VIEWSHED
An area within range of vision in any direction from a particular site.
WECS
Any mechanism designed for the purpose of converting wind energy into electrical or mechanical power.
B.
General definitions. Unless defined otherwise herein, definitions set forth in § 48-7 of the Code of the Town of Mt. Morris apply as if fully set forth herein.
§ 48-73 Special use permit/site plan requirement.
Each WECS shall be treated as a single unit, the construction of which shall not only be subject to the provisions of this article but shall require the issuance of a special use permit by the Town Planning Board pursuant to §§ 48-36 and 48-37 of this chapter, and shall also fully comply the requirements for site plan review as set forth in Chapter 37 of the Code of the Town of Mt. Morris.
§ 48-74 Plans.
A.
In addition to any information, drawings or plans required by §§ 48-36 and 48-37 and Chapter 37 of the Code of the Town of Mt. Morris, each application for a permit shall be accompanied by an accurate site plan containing the following information prepared by a professional land surveyor or professional engineer licensed to practice in New York State.
(1)
Property lot lines.
(2)
Proposed location of the WECS unit(s) on the site.
(3)
Location of all existing structures on the site.
(4)
Aboveground utility lines.
B.
The application shall also include the following information:
(1)
A dimensional representation of the various structural components, including the conversion system, supporting structures or tower, guy wires if any, base and footings.
(2)
Design data which shall include basis of design, foundation, manufacturer's dimensional drawings, installation, back-up braking system, and operation instructions. Certification by a professional engineer registered to practice in New York State that the design of the supporting structure or tower is sufficient to withstand wind load requirements as set forth in the New York State Building Construction Code, and any other stresses imposed by the conversion unit on the structure.
C.
In addition to the site plan material listed above, the Planning Board may, at its discretion, require the following materials:
(1)
A digital elevation model-based 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. Scale used shall depict three-mile radius as no smaller than 2.7 inches and the base map used shall be a published topographic map showing cultural features.
(2)
No fewer than four color photos no smaller than four inches by six inches taken from locations within a three-mile radius of the proposed project and 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.
(3)
Visual environmental assessment form (EAF) addendum under the New York State Environmental Quality Review Act.
§ 48-75 Setbacks and general location.
In addition to the setback provisions hereinafter set forth, no WECS shall be located within 4 1/2 miles of the boundary between the Town and Village of Mt. Morris. The minimum setback distance between wind power units and all surrounding property lines, overhead utility lines, dwellings, and other generation units, shall be equal to no less than 1.5 times the proposed structure height plus the rotor radius. No experimental, home-built, or prototype wind turbines shall be allowed without documentation substantiated by a professional engineer licensed to practice in New York State of their maximum probable blade throw distance in the event of failure and determination by the Planning Board of appropriate setback distances based on that documentation. However, in no case shall a WECS be located within 2,000 feet of a dwelling.
§ 48-76 Noise.
A WECS shall not produce a noise level at any lot line greater than the ambient nighttime level of the area.
§ 48-77 Common system.
Contiguous resident property owners may construct a wind energy conversion system for their use in common. If property held by more than one single owner is used to meet setback requirements, a site plan establishing easements or reserved areas must be submitted to the Planning Board for approval. The common property owners must appoint one owner to be the joint spokesperson and agent authorized to act for the group. Applicant shall provide written evidence of legal arrangement for common use, by lease easement, contract or other written legal instrument.
§ 48-78 Safety requirements.
A.
Interconnection requirements. The WECS, if connected to an electrical utility distribution system, shall meet the New York State Standard Interconnection Requirements (SIR).
B.
Any WECS tower and all guy wires capable of conducting electricity shall be adequately grounded.
C.
At least one high-voltage warning sign shall be placed at eye level on any tower when the voltage generated by a WECS will exceed 50 volts.
D.
All wind turbines shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
E.
Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the Planning Board may waive such requirements as it deems appropriate.
§ 48-79 Maximum height.
The total height of the structure shall not exceed 120 feet, as measured from the highest point of the arc of the blades to the ground level at the base, unless otherwise prohibited by any state or federal statute or restriction. The Planning Board may permit a higher height, at its discretion, taking into consideration the location of the unit(s) and the impact on the viewshed. However, under no circumstances shall the height of any WECS exceed 250 feet.
§ 48-80 Minimum blade height.
The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet as measured radially from the point of the arc of the blades to the ground.
§ 48-81 Viewshed.
No individual tower facility shall be installed in any location that would substantially detract from or block view of a portion of a recognized scenic viewshed, as viewed from any public road right-of-way or publicly owned land within the Town of Mt. Morris or that extends from the Town of Mt. Morris.
§ 48-82 Lighting.
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 as a prerequisite to that Board's approval.
§ 48-83 Electromagnetic interference.
No individual tower facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna (including residential antenna) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. Alternately, WECS generators and alternators shall be properly filtered and/or shielded in order to avoid electromagnetic interference and shall comply with the rules and regulations of the Federal Communication Commission contained in 47 CFR 15 and 18.
§ 48-84 Location of wires.
All wires, cables or other connections serving the WECS shall be buried underground unless such facilities can be connected to utility poles which existed prior to the time an application for a WECS has been submitted.
§ 48-85 Insurance.
Prior to issuance of a building permit, the applicant shall provide the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by resolution of the Town Board in consultation with the Town's insurer, to cover damage or injury which might result from the failure of a tower or towers or any other part(s) of the generation and transmission facility.
§ 48-86 Inspections.
A.
A WECS may not begin its initial operation until inspections required by the Town have been made and all necessary approvals have been given.
B.
After initial operations have begun, the Code Enforcement Officer or his designated representative shall have the right at any reasonable time to enter the premises on which a WECS has been placed to inspect any or all parts of said installation. After conducting an inspection, the Code Enforcement Officer may order the owner of a WECS to render it inoperative for reason related to safety, noise, or electromagnetic interference.
C.
The owner of the WECS shall not return it to service until any and all of the reasons for the shutdown have been addressed and corrected.
D.
Prior to allowing a WECS to resume operations, the Code Enforcement Officer may require the owner of the WECS to have an inspection made and a report issued by a professional engineer licensed to practice in the Sate of New York, certifying that the WECS and/or tower is safe.
§ 48-87 Penalties for offenses.
A.
Any person, firm, corporation or entity which shall violate any portion of this article shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $1,000 for each violation. The continuation of a violation of the provisions of this article shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
B.
Any person, firm, corporation or entity violating any of the provisions of this article shall become liable to the Town for any actual expense or loss or damage occasioned by the Town by reason of such violation, in addition to any actual losses or damages sustained by the Town, such expense shall also include but not be limited to statutory costs, disbursements and reasonable attorney fees in the event legal action is commenced to enforce this article.
C.
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings to prevent a violation of this article or to restrain or enjoin the use or occupancy of premises or any part thereof in violation of this article.
§ 48-88 Emergency shutdown procedures.
Emergency shutdown procedures shall be filed with the Code Enforcement Office prior to the issuance of a permit.
§ 48-89 Removal.
Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove same within 90 days of receipt of notice notifying the owner of such abandonment. Failure to remove an abandoned WECS within said 90 days shall be grounds to remove the WECS at owner's expense. As a condition to the approval of any special use permit, the applicant shall post a performance bond in an amount which is determined by the Planning Board to be reasonably sufficient to secure compliance with this section.