Newfane Town City Zoning Code
ARTICLE VIIIB
Noncommercial Wind Energy Conversions Systems
[Added 10-22-2008 by L.L. No. 3-2008]
§ 270-8B.1 Permits required.
The placement, construction, and major modification of all noncommercial wind energy conversion systems within the boundaries of the Town of Newfane shall be permitted only by special use permit, upon site plan approval issued by the Planning Board herein and issuance of a building permit, and subject to all provisions under this article being made as follows.
§ 270-8B.2 Application for permit.
Applications under this article shall be made as follows. Applicants for a special use permit to place, construct or modify wind energy conversion systems within the Town of Newfane shall submit the following information to the Planning Board for its referral to a professional engineer or consultant for review and recommendation:
Name and address of the applicant.
Evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application.
A site plan drawn in sufficient detail to show the following:
Location of the tower(s) on its site and the tower height, including blades, rotor diameter and ground clearance.
Property lot lines and the location and dimensions of all existing structures and uses on site within 300 feet of the wind energy conversion systems.
Dimensional representation of the various structural components of the tower construction, including the base and footing.
Certification by a registered New York State registered professional engineer that the design of the supporting structure or tower is sufficient to withstand wind load requirements for structure as established by the New York State Uniform Fire Prevention and Building Code.
Wind characteristics and dominant wind direction in the direction from which 50% or more of the energy contained in the wind flows.
Turbine information: Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of the residential wind turbine and tower.
Turbine drawings: photographs or detailed drawings of each wind turbine model, including the tower and foundation.
A noise report shall be furnished which shall include the following: manufacturers' noise design and filed testing data for the proposed structure.
Utility notification: Utility interconnection data and a copy of a written notification to the utility of the proposed interconnection.
Electrical line drawing: A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electrical Code adopted by New York State.
Floodplain: An application that includes any wind turbine which is located within a 100-year floodplain area, as such flood hazard areas are shown on the floodplains maps, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts.
Other information: such additional information as may be reasonably requested by the Town Engineer or Planning Board.
§ 270-8B.3 Conditions on special use permit.
Special use permits issued for wind energy conversion systems shall be subject to the following conditions:
Setbacks. The applicant shall adhere to the following setbacks:
From structures: a minimum of 1.25 times the total WECS height from any dwelling located upon owner's property and 2.25 times the total WECS height from any dwelling not located upon owner's property.
From property lines: a minimum of 1.25 times the total WECS height from all property lot lines.
From public road and highways: a minimum of 1.25 times the total WECS height from any public road and highway.
From railroads: a minimum of 1.25 times the total WECS height from any railroad right-of-way.
From aboveground transmission lines greater than 12 kilovolts: a minimum of 1.25 times the total WECS height from any aboveground transmission line greater than 12 kilovolts.
The Planning Board shall determine the number of WECS to be allowed per legal lot.
The system shall be primarily used to reduce the on-site consumption of electricity, and at no time shall electricity be distributed across property lines.
Maximum height. The maximum overall height of any noncommercial wind energy conversion system shall be 150 feet.
Noncommercial wind energy conversion system shall be placed or located in rear yards.
Notification of adjacent property owners. All applicants are required to notify all property owners within 500 feet of the property line of the proposed parcel where the noncommercial wind energy conversion system will be erected of the proposed project. The adjacent property owners shall be notified by the Town Clerk in writing within 10 days of filing an application for a WECS permit with the Town of Newfane. This notification shall include the size, location and planned construction date of the residential WECS system.
Signage limited. No advertising sign or logo shall be placed or painted on any noncommercial wind energy facility. A noncommercial wind energy facility permit may allow the placement of the tower's manufacturer's logo on a system generator housing in an unobtrusive manner.
Lighting. Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.
Color and finish. Wind turbines shall be painted a nonobtrusive (e.g., light environmental color such as white, gray, or beige) color that is nonreflective.
Compliance with the regulatory agencies.
The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of the wind energy conservation system.
The applicant is required to submit a long environmental assessment form (EAF), with the Town of Newfane designated as lead agent for the SEQR process.
Safety and security requirements. The applicant shall adhere to the following safety and security requirements:
Safety shutdown: Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. A manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.
Grounding: All structures which may be charged with lightning shall be grounded according to the applicable electrical code.
Wiring: All wiring associated with the wind energy facility shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, towers or lines.
Ground clearance: The blade tip of any wind turbine shall, at its lowest point, have ground clearance of not less than 30 feet.
Climability: Wind turbine towers shall not be climbable up to 15 feet above ground level.
Anchor points for guy wires: Anchor points for any guy wires for a system tower shall be located with the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from the ground to eight feet above the ground. The minimum setback for the guy wire anchors shall be 10 feet from the property boundary.
Signage: Appropriate warning signage shall be placed on wind turbine towers and electrical equipment. Signage shall also include one twenty-four-hour emergency contact number to the owner of the wind turbine as well as signage warning of electrical shock or high voltage and harm from revolving machinery.
Noise requirements. The applicant shall adhere to the following noise requirements:
Audible noise standard: The audible noise standard due to wind turbine operations shall not be created which causes the noise level at the boundary of the proposed project site to exceed 45 dB(A) for more than five minutes out of any one-hour time period or to exceed 50 dB(A) for any time period.
Operations; low frequency noise: A noncommercial wind energy facility shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home, or other sensitive noise receptor.
Impact on wildlife species and habitat. The applicant shall adhere to the following regarding the impact on wildlife species and habitat:
Endangered species: Development and operation of a residential wind energy facility shall not have a significant adverse impact on endangered or threatened fish, wildlife, or plant species or their critical habitats, or other significant habitats identified in the Town of Newfane Comprehensive Plan and/or the studies and plans of the regional planning commissions.
Migratory birds: Development and operation of a residential wind energy facility shall not have an adverse impact on migratory bird species.
Interference with residential television, microwave and radio reception. The noncommercial wind energy conversion system shall be operated such that no electromagnetic interference is caused. If it is demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
Unsafe and inoperable wind energy facilities; site reclamation. The applicant shall adhere to the following:
Removal and site restoration: Unsafe noncommercial wind energy facilities, inoperable noncommercial wind energy facilities and noncommercial wind energy facilities for which the permit has expired shall be removed by the owner. All safety hazards created by the installation and operation of the noncommercial wind energy facility shall be eliminated and the site shall be restored to its natural condition to the extent feasible.
Public nuisance: Every unsafe noncommercial wind energy facility and every inoperable noncommercial wind energy facility is hereby declared a public nuisance which shall be subject to abatement by repair, rehabilitation, demolition, or removal. An inoperable noncommercial wind energy facility shall not be considered a public nuisance, provided that the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and will be completed within no more than six months.
Inoperable, defined: A noncommercial wind energy facility shall be deemed inoperable if it has not generated power within the preceding six months.
Interconnection and electrical distribution facilities. The applicant shall adhere to the following:
Facility standards: All interconnection facilities shall be constructed to the specifications of the utility.
Interconnection standards: Interconnection shall conform to procedures and standards established by the Federal Regulatory Commission and the New York State Public Service Commission, as applicable.
Erosion control. The applicant shall adhere to the following:
Erosion control plan required: Before the Town of Newfane shall issue a grading or building permit for the noncommercial wind energy facility, the applicant shall submit an erosion control plan to the Planning Board for its review and approval. The plan shall minimize the potential adverse impacts on wetlands and Class I and II streams and the banks and vegetation along those streams and wetlands and to minimize erosion or sedimentation.
Certification. The applicant is required to provide the following certifications:
Certification of structural components: The foundation, tower and compatibility of the tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in New York. The engineer shall certify compliance with good engineering practices and compliance with the appropriate provisions of the Uniform Construction Code that have been adopted in New York State.
Certification of electrical system: The electrical system shall be certified in writing by an electrical engineer registered in New York. The engineer shall certify compliance with good engineering practices and with the appropriate provisions of the Electrical Code that have been adopted by New York State.
Certification or rotor overspeed control: The rotor overspeed control system shall be certified in writing by a mechanical engineer registered in New York State. The engineer shall certify compliance with good engineering practices.
General compliance process.
During construction, the Town of Newfane Code Enforcement Officer can issue a stop order at any time for any violations of the permit.
Post-construction. After construction is complete, the permit holder shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements. Upon receipt of any complaint from the Town of Newfane Code Enforcement Officer, the permit holder/contact person shall have seven working days to reply to the Town in writing.
Final inspection conducted by Code Enforcement Officer in conjunction with the Town Engineer to ensure compliance with all manufacturers' specifications and the New York State Uniform Construction Code.
§ 270-8B.4 Application fees and costs.
Application fee. Applicant shall pay all costs associated with the Town of Newfane's review and processing of the application. Applicant shall submit a deposit with the application in the amount as determined by resolution by the Town Board. The Town of Newfane may require additional deposits to cover the costs of reviewing and processing the application. Such additional deposits, if requested, shall be promptly submitted by the applicant. Following action on the application, any unused amount of the deposit(s) shall be returned to the applicant with a summary of the costs incurred.
Development of a noncommercial wind energy conversion system shall be subject to assessment by the Town of Newfane.
§ 270-8B.5 Findings necessary to grant noncommercial wind energy facility permit.
In order to grant a noncommercial wind energy facility permit, the Town of Newfane shall review the application; all filings by any other party; and conduct a public hearing. A noncommercial wind energy facility permit shall not be granted unless the Town of Newfane makes the following findings based on substantial evidence:
Consistent with the Comprehensive Plan: the proposed noncommercial wind energy facility project is consistent with the Comprehensive Plan of the Town of Newfane.
Will not unreasonably interfere with the orderly land use and development plans: the proposed noncommercial wind energy facility will not unreasonably interfere with the land use and development plans of the Town of Newfane.
Not detrimental to the public health, safety and general welfare of the community: the proposed noncommercial wind energy facility will not be detrimental to the public health, safety or general welfare of the community.
§ 270-8B.6 Grant or denial of special use permit.
The Planning Board may grant the special use permit, deny the special use permit, or grant the special use permit with written stated conditions. Denial of the special use permit shall be by written decision based upon substantial evidence submitted to the Board. Upon issuance of the special use permit, the applicant shall obtain a building permit for the tower.
The special use permit shall not be assignable or transferable.
§ 270-8B.7 Amendments to special use permit.
Any changes or alterations post-construction to the wind energy conversion system shall be done only by amendment to the special use permit and subject to all requirements of this article.