Onondaga City Zoning Code
§ 285-36
Private and commercial wind energy conversion systems and wind measurement towers.
[Added 6-2-2008 by L.L. No. 10-2008]
A.
Findings.
(1)
The Town finds that wind energy is an abundant, renewable and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Wind energy systems also enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the state's energy supply portfolio.
(2)
The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and in many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or energy consumption at that location can be reduced.
(3)
Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public.
(4)
Wind energy facilities represent significant potential aesthetic impacts because of their large size, lighting, and shadow flicker effects, if not properly sited.
(5)
If not properly regulated, installation of wind energy facilities can create drainage problems through erosion and lack of sediment control for facility and access road sites, and harm farmlands through improper construction methods.
(6)
Wind energy facilities may present a risk to bird and bat populations if not properly sited.
(7)
If not properly sited, wind energy facilities may present risks to the property values of adjoining property owners.
(8)
Wind energy facilities may be significant sources of noise, which, if unregulated, can negatively impact adjoining properties.
(9)
Without proper planning, construction of wind energy facilities can create traffic problems and damage local roads.
(10)
If improperly sited, wind energy facilities can have interference issues with various types of communications.
B.
Purpose. The Town recognizes the increased demand for alternative energy-generating facilities. At the same time, the Town recognizes the valid concerns and interests its residents have in the aesthetic enjoyment of their homes and properties. The purpose of these regulations is to protect the community's interest in properly siting wind energy conversion systems in a manner consistent with sound land use planning, while also allowing private and commercial providers to meet their power generating objectives. Moreover, the further purpose of these regulations is to provide for the health, safety and welfare of the residents of the Town and to balance the sometimes competing needs of such uses and their neighbors while at the same time accommodating the public interest in and demand for such facilities. In addition, the purpose of these regulations is to provide standards for private wind energy conversion systems designed for home, farm, and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of these regulations is to regulate the development of wind energy conversion systems and to protect the public health, safety, and community welfare.
C.
Approvals required for private and commercial wind energy conversion systems and wind measurement towers.
(1)
Roof-mounted wind conversion systems.
[Amended 8-3-2009 by L.L. No. 3-2009]
(a)
Horizontal axis roof-mounted wind conversion systems are permitted uses in all use districts in the Town, provided that they are placed on existing structures 30 feet or more in height, other than one-family and two-family dwellings, subject to the following:
[1]
Located in nonresidential zoning districts and 10 feet in height or less: site plan approval.
[2]
Located in nonresidential zoning districts and in excess of 10 feet in height: special use permit.
[3]
Located in residential districts: special use permit.
[4]
Provided that in all instances, the total height of the structure and the wind conversion system shall not exceed the overall height allowed in the zoning district involved.
(b)
Vertical axis roof-mounted wind conversion systems are permitted uses in all use districts in the Town, provided that if they are in excess of 10 feet in height, a special use permit shall be required, and provided further that no such system, together with the underlying structure, shall exceed the overall height allowed in the zoning district involved.
(2)
Private wind energy conversion systems are permitted uses within any zoning district upon the granting of a special use permit pursuant to the provisions of Subsection D hereinafter.
D.
Private wind energy conversion systems.
(1)
Applications. Applications for private wind energy conversion systems shall include:
(a)
Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.
(b)
Name, address, telephone number of the property owner. If the property owner is not the applicant (as in the case of a tenant), the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.
(c)
Address of each proposed tower location, including Tax Map section, block and lot number.
(d)
Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
(e)
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 Uniform Fire Prevention and Building Code.
(f)
Sufficient information demonstrating that the system will be used primarily to reduce consumption of electricity at that location.
(g)
Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid.
(h)
Manufacturer information for the proposed private wind energy conversion system, including, but not limited to, the system specifications and any available photographs of the proposed system.
(i)
Short environmental assessment form.
(j)
Any other information requested by the Zoning Board of Appeals.
(2)
Standards. All private wind energy conversion systems shall comply with the following standards. Additionally, such private wind energy conversion systems shall also comply with all the requirements established by other sections of the Town's Zoning Law that are not in conflict with the requirements contained in this section.
(a)
A private wind energy conversion system shall be located on a lot a minimum of two acres in size.
(b)
Number of systems.
[1]
Only one private wind energy conversion system per legal lot shall be allowed. In addition, such legal lot must include a structure and may not be vacant land.
[2]
Notwithstanding the foregoing, up to three private wind energy conversion systems shall be allowed on any farm actively used for agricultural purposes upon a showing that such additional systems are needed to generate electricity to operate such farm.
(c)
All private wind energy conversion systems shall be located and placed in rear yards.
(d)
Setback requirements. A private wind energy conversion system shall comply with all setbacks within the affected zone. In addition, private wind energy conversion systems shall be set back a distance equal to 110% of the tower height from all property lines, public road rights-of-way and power lines. Additional setbacks may be required by the reviewing board based upon specific circumstances in order to provide for the public's safety, health and welfare, including the possibility of ice thrown from the blades.
(e)
Private wind energy conversion systems shall be used primarily to reduce the on-site consumption of electricity.
(f)
The tower height of any private wind energy conversion system may not exceed 125 feet. The allowed tower height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. Private wind energy conversion systems shall not be subject to height restrictions that would otherwise apply in the zoning district in which such facility is sited.
(g)
The maximum private wind energy conversion system power output is limited to 20 KW.
(h)
The private wind energy conversion system and blades shall be painted a nonreflective, unobtrusive color that blends the tower and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize any visual disruption.
(i)
The system shall be designed and located in a manner that minimizes adverse visual impacts from public viewing areas. It shall not be installed in any location that would create an intermittent visual impact, substantially detract from or block the views of all or portion of a recognized scenic viewshed, as viewed from any public road, right-of-way or publicly owned land within the Town of Onondaga or that extends beyond the border of the Town of Onondaga.
(j)
Exterior lighting on any structure associated with the tower shall not be allowed except that which is specifically required by the Federal Aviation Administration.
(k)
Private wind energy conversion systems may be designed as either a monopole or lattice structure.
(l)
Noise. The level of noise produced during operation of the private wind energy conversion system shall not exceed 50 dBA, as measured at the boundaries of the closest neighboring parcels that are owned by anyone other than the site owner, as those boundaries exist at the time of the special permit application. The applicant will be required to submit technical data proving such performance standard 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.
(m)
All power lines from the private wind energy conversion system 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. This standard may be modified by the decision-maker if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(n)
Private wind energy conversion systems shall not be installed in any location along the major axis of an existing microwave communications operation where its operation is likely to produce an electromagnetic interference in the link's operation.
(o)
Private wind energy conversion systems shall not be installed in any location where its proximity interferes with existing fixed broadcast, retransmission, or reception antennas for radio, television or wireless phone.
(p)
The tower shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(q)
Emergency shutdown/safety. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any system need immediate repair or attention. This telephone number should be clearly visible on a permanent structure or post located outside the fall zone of the system. 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, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components or enclosed shelter.
(r)
All private wind energy conversion systems shall have lightning protection.
(s)
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
(t)
Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
(u)
Anchor points for any guy wires for a system tower shall be located within 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 to the anchor points shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.
(v)
Construction of on-site access roadways shall be minimized. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. Temporary access roads utilized for initial installation shall be regraded and revegetated to the preexisting natural condition after completion of installation.
(w)
The minimum distance between the ground and any part of the rotor blade must be 30 feet.
(x)
All private wind energy conversion system structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Fire Prevention and Building Code.
(y)
All private wind energy conversion systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(z)
No television, radio or other communication antennas may be affixed or otherwise made part of any private wind energy system.
(3)
Abandonment of use. A private wind energy conversion system which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any permit shall constitute grounds for the revocation of the permit by the Town. In addition, failure to remove an obsolete or unused tower in accordance with this section shall be a violation of this article. If said abandoned private wind energy system is not dismantled and removed within three months of abandonment, the Town may dismantle and remove said private wind-energy conversion system and the cost of removing the private wind-energy conversion system shall be a lien on the property and added to the property owner's tax bill.
(4)
Maintenance. All private wind energy conversion systems shall be maintained in good condition and in accordance with all requirements of this section.
(5)
Inspection. The Codes 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 private wind energy conversion system is being constructed, to inspect all parts of said private wind energy conversion 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 Codes Enforcement Officer or Town Engineer may order that the system be secured or 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 for the Codes Enforcement Officer or his designee to enter the premises for purposes of inspecting such system.
(6)
In granting the special use permit for a private wind energy conversion system, the Zoning Board of Appeals may impose reasonable conditions to the extent that such Board concludes that such conditions are necessary to minimize any adverse effect or impacts of the proposed use on neighboring properties.
E.
Commercial wind energy conversion systems (WECS).
(1)
Applications. Applications for commercial wind energy conversion systems shall include:
(a)
Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
(b)
Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed application and authorizing the submission of the application.
(c)
Address, or other property identification, of each proposed tower location, including Tax Map section, block and lot number.
(d)
A description of the project, including the number and maximum rated capacity of each WECS.
(e)
A plot plan prepared by a New York State licensed surveyor or New York State licensed engineer drawn in sufficient detail to clearly describe the following:
[1]
Property lines and physical dimensions of the site;
[2]
Location, approximate dimensions and types of major existing structures and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed WECS site.
[3]
Location and elevation of each proposed WECS.
[4]
Location of all aboveground utility lines on the site or within one radius of the total height of the WECS, including transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.
[5]
Location and size of structures above 35 feet within a five-hundred-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.
[6]
The zoning designation of the subject and adjacent properties as set forth in this chapter.
[7]
The boundaries of the Wind Overlay Zone, to demonstrate that such proposed WECS is located within said Wind Overlay Zone.
[8]
To demonstrate compliance with the setback requirements of this article, circles drawn around each proposed tower location equal to:
[9]
Location of each residential structure, both on the site and off the site, that is located within 2,500 feet from the nearest individual wind energy facility, as well as the specific distance from the nearest individual wind energy facility to each residential structure.
[10]
All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.
(f)
Vertical drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each WECS of the same type and total height.
(g)
Landscaping plan depicting existing vegetation and describing any areas to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations.
(h)
Lighting plan showing any FAA-required lighting as well as all other proposed lighting. The application should include a copy of any determination by the Federal Aviation Administration to establish required markings and/or lights for each structure that is part of the facility, but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted.
(i)
List of property owners, with their mailing address, within 500 feet of the boundaries of the proposed site.
(j)
Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include the following information at a minimum:
[1]
The anticipated life of the WECS;
[2]
The estimated decommissioning costs in current dollars;
[3]
How said estimate was determined;
[4]
The method of ensuring that funds will be available for decommissioning and restoration;
[5]
The method, such as by annual re-estimate by a licensed engineer, that the decommissioning cost will be kept current; and
[6]
The manner in which the WECS will be decommissioned and the site restored, which shall include at a minimum, the removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.
(k)
Complaint resolution. The application will include a complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit, of no more than 180 days, for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.
(l)
An application shall include at a minimum, the following information relating to the construction/installation of the wind energy conversion facility:
(n)
Applications for wind energy permits for wind measurement towers subject to this chapter may be jointly submitted with the WECS application.
(o)
For each proposed WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. Include Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment, including but not limited to all lubricants and coolants.
(p)
If the applicant agrees in writing in the application that the proposed WECS may have a significant adverse impact on the environment and submits a draft environmental impact statement (DEIS), the Town Board shall issue a positive declaration of environmental significance.
(q)
The following information must be submitted by the applicant, either with the application, or, in the event of a positive declaration under SEQRA, as part of any DEIS submitted by the applicant with respect to the application for a wind energy facility:
[1]
Shadow flicker. The applicant shall conduct a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and/or commercial businesses and must describe measures that shall be taken to eliminate or mitigate the impacts of shadow flicker on such residences, including but not limited to operational measures to stop rotation at such times when modeling predicts that shadow flicker will impact neighboring residences.
[2]
Visual impact. Applications shall include a visual impact study of the WECS as proposed, which should include, at a minimum, a computerized photographic simulation demonstrating any visual impacts from strategic vantage points, including visual impacts associated with both the facility itself, as well as any proposed aboveground collection or transmission components. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. In addition, such visual impact study must address, among others, the visual impact of any proposed facility upon United States Route 20, which has been approved for designation in the State of New York's Scenic Byway Program. Such visual impact analysis should conform to DEC guidelines where relevant.
[3]
Fire protection and emergency response. Applications shall include a fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed site.
[4]
Noise assessment. Applications shall include a noise impact assessment conducted by a reputable acoustical consultant documenting the noise levels associated with the proposed WECS and its impact on humans. Such noise impact assessment should be conducted in accordance with the criteria recommended by the New York State Department of Environmental Conservation's Program Policy guidance document entitled "Assessing and Mitigating Noise Impacts;" utilizing adjacent property lines as receptor locations. Such noise assessment must also describe measures that shall be taken to eliminate or mitigate the impacts of noise on nearby receptors.
[5]
Avian analysis. Applications shall include an avian analysis assessing the reasonably anticipated impacts of the WECS upon bird and bat species. The scope of such analysis should be developed in consultation with the New York State Department of Environmental Conservation and the United States Fish and Wildlife Service, and must at a minimum consist of a literature survey for threatened and endangered species and provide relevant information on critical flyways, and shall describe the potential impacts of any proposed facilities on bird and bat species, and an avoidance or mitigation plan to avoid or mitigate such impacts to the extent practicable. The applicant should also identify plans for postconstruction monitoring or studies to assess actual operational impacts of the WECS upon birds and bats.
[6]
Property values. Applications shall include a property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties neighboring WECS sites. The applicant shall provide documentation that the licensed appraiser is knowledgeable and skilled to provide a competent impact of values of properties analysis that accurately measures the effect on property values from the proposed WECS. Such analysis should include actual data concerning the impacts of previously constructed facilities in the State of New York on property values. This analysis shall be presented to the Town Board for its consideration.
[7]
Electromagnetic interference. Applications shall include an assessment of potential electromagnetic interference from the proposed facility with microwave, radio, television, personal communication systems and other wireless communication.
[8]
Transportation plan. Applications shall include a transportation plan describing routes to be used in delivery of project components, equipment and building materials and those to be used to provide access to the site during construction. Such plan should also describe any anticipated improvements to existing roads, bridges or other infrastructure, as well as the measures which will be taken to restore damaged or disturbed access routes following construction.
[9]
Groundwater impact study. Applications shall include a study relating to the potential impacts to groundwater related specifically to excavation and/or blasting during the construction phase of the project.
[10]
Cultural resource study. Applications shall include a study describing the potential impacts of the project upon cultural resources as identified by the Town Board and NYSOPRHP. Such study should be conducted in coordination with the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP). Such study should include any follow-up study or assessment recommended in the initial study itself, or by NYSOPRHP.
(r)
The applicant shall, prior to the receipt of a building permit, provide proof that it has executed an interconnection agreement with the New York Independent System Operator and the applicable transmission owner.
(s)
A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.
(t)
In addition to the materials required in accordance with this section, complete applications should include any additional study or assessment determined to be required by the lead agency during review of the project pursuant to SEQRA. No application shall be determined to be complete until the SEQRA review with respect to such application is concluded.
(2)
Application review process.
(a)
Applicants may request a preapplication meeting with the Town Board, or with any consultants retained by the Town Board for application review. Meetings with the Town Board shall be conducted in accordance with the Open Meetings Law.
(b)
Six copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any variances are requested, variance application fees shall be paid at the time of the receipt of the application.
(c)
Town staff or Town-designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this section is included in the application. Unless the Town Board waives any application requirement, no application shall be considered until deemed complete.
(d)
If the application is deemed incomplete, the Town Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless the number of WECSs proposed is increased.
(e)
Upon submission of a complete application, including the grant of any application waiver by the Town Board, the Town Clerk shall transmit the application to the Town Board.
(f)
The Town Board shall hold at least one public hearing on the application. Notice shall be given by first-class mail to property owners within 1,000 feet of each proposed WECS and published in the Town's official newspaper, no less than 10 nor more than 20 days before any hearing, but, where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the Notice of Public Hearing prepared by the Town Board, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.
(g)
The public hearing may be combined with public hearings on any environmental impact statement or requested variances.
(i)
SEQRA review. Applications for WECS are deemed Type I projects under SEQRA. The Town Board may conduct its SEQRA review in conjunction with other agencies, in which case the records of review by said communities shall be part of the record of the Town Board's proceedings. The applicant shall defray any costs incurred by the Town for review and consideration of the application including, but not limited to, engineering and legal expenses.
(j)
Upon receipt of the report of the recommendation of the County Planning Board (where applicable), the holding of the public hearing, and the completion of the SEQRA process, the Town Board may approve, approve with conditions, or deny the applications, in accordance with the standards in this section.
(3)
Standards for WECS. The following standards shall apply to all WECS, unless specifically waived by the Town Board:
(a)
All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.
(b)
No television, radio or other communication antennas may be affixed or otherwise made part of any WECS. Applications may be jointly submitted for WECS and telecommunications facilities.
(c)
In order to minimize any visual impacts associated with wind energy facilities, no advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.
(d)
Lighting of tower. No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan.
(e)
All applicants shall use measures to reduce the visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte finished color or a camouflage scheme. WECSs within a multiple WECS project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the project, to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
(f)
The use of guy wires is disfavored. A WECS using guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.
(g)
No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems can be reasonably expected to produce electromagnetic interference with signal transmission or reception. No WECS 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. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy permit for the specific WECS or WECSs causing the interference.
(h)
All solid waste and hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.
(i)
WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided when feasible. The use of previously developed areas will be given priority wherever possible.
(j)
WECSs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity, particularly bird and bat species.
(k)
Wind energy conversion facilities shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.
(l)
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
(m)
The maximum total height of any WECS shall be 410 feet.
(n)
Any substation used in conjunction with a WECS shall be sited in a manner that will have the least intrusive impact upon adjacent residences and shall be sheltered and/or screened with a physical barrier and/or vegetation in a matter to eliminate its views from such residences. The Town Board shall assess such siting in accordance with the requirements of this section and the Town's Site Plan Law.
(o)
Construction of the WECS shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, unless the prior written approval of the Town Board is received to allow deviation from such hours.
(p)
In processing any application for a WECS or in reviewing such project under SEQRA, the Town Board shall consider any applicable policy or guideline issued by the New York State DEC (i.e., visual impacts, noise impacts).
(q)
Turbine blades shall pass no closer than 30 feet to the ground during operation of the facility.
(4)
Required safety measures.
(a)
Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
(b)
Each WECS shall be surrounded by a locked, protective fence at least six feet in height that encloses the tower.
(c)
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information. The Town Board may require additional signs based on safety needs.
(d)
No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole or guyed towers. A locked anticlimb device shall also be installed on the tower.
(e)
The minimum distance between the ground and any part of the rotor or blade system shall be in compliance with all state standards but in no case less than 30 feet.
(f)
WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.
(5)
Traffic routes.
(a)
Construction of WECSs pose potential risks because of the large-size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECSs and for associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include minimizing traffic impacts from construction and delivery vehicles, including impacts on local residential areas; minimizing WECS-related traffic during times of school bus activity; minimizing wear and tear on local roads; and minimizing impacts on local business operations. Wind energy permit conditions may limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public.
(b)
The applicant is responsible for repair of all damages to Town roads occurring during the construction or maintenance of a WECS. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Town Board, sufficient to compensate the Town for any damage to local roads.
(6)
Setbacks and noise standards for wind energy conversion systems.
(a)
Due to the nonindustrial character of the Town of Onondaga, the sound level statistical sound pressure level (L(90)) shall not exceed the ambient sound level by more than six dBA at the nearest property line to any proposed WECS. Sites can include more than one property and the requirement shall apply to the combined properties. In the event the ambient sound level exceeds 50 dBA, the standard shall be the ambient sound level plus a maximum of five dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.
(b)
In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection C(6)(a) of this section shall be reduced by five dBA. 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 one 125 Hz. These standards may be varied by the Town Board but never to a standard less than the DEC-recommended standards in effect at the time of review.
(c)
The ambient sound level shall be expressed in terms of the highest whole number sound level in dBA. Ambient sound levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public libraries when considering specific receptors. Ambient sound level measurements shall employ all practical means of reducing or compensating for the effect of wind-generated noise artifacts at the microphone so as to measure the actual sound level most accurately. Ambient sound level measurements should be performed when wind velocities aloft are sufficient to allow wind turbine operation and should report ambient sound levels for wind speeds aloft corresponding to turbine cut-in as well as the wind speed aloft corresponding to production of the greatest noise.
(d)
Any noise level falling between two whole decibels shall be the lower of the two.
(e)
The following minimum standards shall apply to any tower, turbine, windmill, building housing mechanical components or electrical substation that is part of any wind energy conversion system or facility, unless specifically waived or varied by the Town Board as part of a permit. The following minimum standards do not apply to the transmission or collection system components of such WECS or facility, except for electrical substations. Each WECS shall be set back from site boundaries, measured from the center of the applicable component part of the WECS:
[1]
One thousand two hundred feet from the nearest site boundary property line.
[2]
One thousand two hundred feet from the right-of-way of United States Route 20.
[3]
Five hundred feet from the right-of-way of all other public roads.
[4]
Two thousand feet from the nearest off-site residence, school or church, measured from the exterior of such residence, whether or not said residence is located in the Town of Onondaga.
[5]
One and a half times the total height of the WECS from any nonresidential structure (other than a school or church) or any aboveground utilities, unless waived by the utility companies.
(7)
Issuance of wind energy permits.
(a)
Upon completion of the review process, the Town of Onondaga Town Board shall, upon consideration of the standards in this chapter and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated.
(b)
If approved, the Codes Enforcement Officer shall issue a wind energy permit upon satisfaction of all pertinent conditions for said permit, and the Codes Enforcement Officer shall issue a building permit, upon compliance with the Uniform Fire Prevention and Building Code and the other preconstruction conditions of this chapter.
(c)
The decision of the Town Board shall be filed within 10 days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.
(d)
If any approved wind energy facility is not substantially commenced within one year of issuance of the wind energy permit, the wind energy permit shall expire.
(8)
Abatement.
(a)
If any WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant agrees that, without any further action by the Town Board, the applicant shall decommission and remove said system at its own expense. Removal of the system shall include, at a minimum, the removal of the entire aboveground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Town Board that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.
(b)
Non-function or lack of operation may be proven or inferred by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Town Board and Town Board all reports to and from the purchaser of energy from individual wind energy conversion systems, if requested necessary to prove the WECS is functioning, which reports may be redacted as necessary to protect proprietary information.
(c)
Decommissioning bond or fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town of Onondaga, in a form approved by the Town Attorney, for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully funded before a building permit is issued. The amount of the bond or security fund shall be no less than 125% of the cost of removal of the facilities and the restoration of the site.
(9)
Limitations on approvals; easements on Town property.
(a)
Nothing in this chapter shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this chapter shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
(b)
Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state or local law.
(10)
Permit revocation.
(a)
Testing fund. A wind energy permit shall contain a requirement that the applicant fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as biannually, or more frequently upon request of the Town Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the wind energy permit and this chapter and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Town Board to cure any deficiency. An extension of the ninety-day period may be considered by the Town, but the total period may not exceed 180 days.
(b)
Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town Board. The applicant shall have 90 days after written notice considered by the issuer of the notice to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days.
(c)
Notwithstanding any other abatement provision under this chapter, if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town Board may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame, or order revocation of the wind energy permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the decommission plan to remove the WECS. Any additional costs not covered by security shall be a lien upon the property and applied to the site owner's next property tax bill.
F.
Wind measurement towers.
(1)
Wind site assessment. As a wind site assessment is typically conducted to determine the wind speeds and the feasibility of using particular sites, installation of wind measurement towers, also known as anemometer ("Met") towers, shall be permitted in accordance with this section.
(2)
Applications for wind measurement towers. An application for a wind measurement tower shall include:
(a)
Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
(b)
Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.
(c)
Address of each proposed tower location, including Tax Map section, block and lot number.
(d)
Proposed development plan and map.
(e)
Decommissioning plan, including a security bond for removal.
(3)
Standards for wind measurement towers.
(a)
The distance between a wind measurement tower and the property line shall be at least 1 1/2 times the total height of the tower. Sites can include more than one piece of property and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.
(b)
Wind energy permits for wind measurement towers may be issued for a period of up to two years. Permits shall be renewable upon application to the Town Board.
G.
Variance. Any proposed private or commercial wind energy conversion system or wind measurement tower which does not meet any requirement of this chapter shall be required to obtain a use variance.