Owasco Town City Zoning Code
ARTICLE XI
Wind Energy Conversion Systems
§ 150-75 Purpose and intent.
A.
This article regulates and promotes the safe, effective and efficient use of installed wind energy conversion systems (WECS) in order to encourage renewable energy systems and a sustainable lifestyle, while protecting the health, safety and welfare and minimizes the adverse impact on the adjacent and surrounding neighboring properties. Furthermore, the Town finds that:
(1)
Wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.
(2)
Wind turbines that convert wind energy into electricity are currently available on a commercial and residential basis from many manufacturers.
(3)
The generation of electricity from properly sited wind turbines 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 uses.
(4)
If not properly sited, wind energy conversion systems have the potential to cause significant aesthetic impacts because of their large size, lighting, and shadow flicker effects.
(5)
If not properly regulated, installation of wind energy conversion systems have the potential to create drainage problems through erosion, lack of sediment control, access road sites, and harm farmlands through improper construction methods.
(6)
If not properly sited, wind energy conversion systems have the potential to adversely impact neighboring properties, including the property values of such properties.
(7)
If not properly sited, wind energy conversion systems may present a risk to bird and bat populations.
(8)
Wind energy conversion systems are potentially significant sources of noise, and if such facilities are unregulated or improperly sited, or if such impacts are inadequately mitigated, they can negatively impact adjoining properties.
(9)
Without proper planning, construction of wind energy conversion systems can create traffic problems and damage local roads.
(10)
Regulation of the siting and installation of wind turbines is necessary for the purposes of protecting the health and safety of neighboring property owners and the general public.
§ 150-76 Applicability.
A.
This section applies to any use meeting the definition of a wind energy conversion system per § 150-77 and indicated by § 150-15 as permitted in the zoning district in which the use is proposed.
B.
Wind energy conversion systems for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this chapter shall not be required to meet the requirements of this article.
C.
Any upgrade, modification, or structural change that alters the size or placement of an existing wind energy conversion system shall comply with the provisions of this article.
§ 150-77 Definitions.
As used in this article, the following terms shall have the meanings indicated:
OVERSPEED CONTROL
A mechanism used to limit the speed of blade rotation to below the design limits of the WECS.
SITE
The plot of land where the WECS is to be placed.
SWEPT AREA
The largest area of the WECS that extracts energy from the wind stream. In a conventional propeller-type WECS, there is a direct relationship between swept area and the rotor diameter.
TEMPORARY WIND MEASUREMENT TOWER
A tower used for the measurement of meteorological data such as temperature, wind speed, and wind direction installed prior to construction of a WECS for wind site assessment which remains in place for a limited period of time. The data provided allows the developer to determine the economic viability of the project as well as to select the optimal type of turbine for the location.
TOTAL HEIGHT
The height of the WECS measured from ground elevation to top of tip of blade in vertical position, at its furthest vertical extension.
TOWER
Support structure, including guyed, monopole, and lattice types, upon which wind turbine or other mechanical device is mounted.
WIND ENERGY CONVERSION SYSTEM
A machine that converts the kinetic energy in the wind into a usable form of mechanical or electrical energy (commonly known as a "wind turbine" or "windmill"). The WECS includes all parts of the system except the tower and the transmission equipment; the turbine or windmill may be on a horizontal or vertical axis, rotor or propeller.
A.
LARGE WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system consisting of at least one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity greater than 150 kilowatts and is intended to supply some portion of its produced electrical power for sale to a power grid. WECS with a rated capacity of 25 megawatts or more are governed by Article VI, Section 94-C of the Executive Law of New York State.B.
SMALL WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system consisting of at least one wind turbine, one tower, and associated control or conversion electronics which has a rated capacity of greater than two kilowatts, but no turbines greater with a rated capacity greater than 150 kilowatts, and total height of greater than 35 feet but not more than 100 feet.C.
VERY SMALL WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system consisting of at least one wind turbine, one tower (or other monitoring system), and associated control or conversion electronics which has a rated capacity of not more than two kilowatts and a total height of not more than 35 feet.§ 150-78 General criteria.
A.
Special use permit required. No special use permit, renewal thereof, or modification of a current special use permit relating to a wind energy conversion system shall be authorized by the Planning Board unless it finds that such facility conforms with the provisions of Article VI and the supplemental provisions stated herein.
B.
General requirements. Wind energy conversion systems shall be permitted in all zoning districts, subject to the following requirements:
§ 150-79 Permits required.
A.
Very small wind energy conversion systems.
(1)
Very small WECS (maximum rated capacity of two kilowatt and maximum height of 20 feet) are permitted as accessory uses in all zoning districts.
(2)
Very small WECS may be constructed, reconstructed, or modified without being issued a special use permit.
(3)
A building permit is required for the installation of a very small WECS and must comply with the provisions of § 150-79B.
(4)
The minimum distance (clearance) from the ground to the rotor blade tips of a very small WECS shall not be less than 10 feet.
(5)
Very small WECS must otherwise comply with setback, nuisance, environmental, and visual effect, and operation and maintenance standards described in § 150-79B herein and the enforcement and violations provisions of § 150-84 herein.
B.
Small wind energy conversion systems.
(1)
One small WECS tower shall be allowed per legal lot to provide energy to the home or farm on the same lot. Small WECS are permitted in the Agricultural-Residential (AR) Zoning District with a special use permit, for the purpose of producing electricity for use primarily on-site.
(2)
Small WECs are not permitted in the Lakeshore (L) and Residential (R) Zoning Districts.
(3)
No special use permit for the construction, reconstruction, or modification of a small WECS shall be authorized by the Planning Board unless it finds that such facility conforms with the provisions of Article VI and the supplemental provisions stated herein.
C.
Large wind energy conversion systems.
(1)
Large WECS, as defined herein, are prohibited from all zoning districts in the Town of Owasco.
§ 150-80 General provisions.
A.
This section applies to WECS of all sizes.
B.
Compliance with Uniform Building Code.
(1)
Building permit applications shall be accompanied by standard drawings of the structural components of the 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.
(2)
Where the structural components or installation vary from the standard design or specification, the proposed modifications 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.
C.
Compliance with National Electrical Code.
(1)
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind energy conversion system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical 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 Electrical Code. 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.
(2)
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 Electrical Code and good engineering practices.
D.
Rotor safety. Each WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors. This certification would normally be supplied by the manufacturer and include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.
E.
Setbacks. The WECS shall be set back from the property line and structures at least one-and-a-half times the total height of the WECS. In cluster setups, the distance between WECSs shall be three times the length of the longest blade.
F.
Tower access.
(1)
Towers shall have either:
(a)
Tower-climbing apparatus located no closer than 12 feet from the ground;
(b)
A locked anti-climb device installed on the tower; or
(c)
The tower shall be completely enclosed with a door that can be locked; or
(d)
Be completely free of any climbing apparatus.
(2)
If the above protective devices are absent, then the tower will be protected by a fence at least six feet high.
G.
Noise. The WECS shall meet the requirements of any existing noise ordinance of the Town of Owasco.
H.
Electromagnetic interference. The wind energy conversion system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to a Code Enforcement Officer that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.
I.
Signs. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.
J.
Abatement. If a wind energy conversion system or systems are not maintained in operational condition for a period of one year and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The Town of Owasco reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the Town of Owasco determines that the WECS or its tower has been abandoned and poses a safety hazard, the system shall be removed within 45 days of written notice to the owner or operator of the system.
K.
Liability insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum of $300,000 in property and personal liability coverage.
L.
Lighting of tower. Lighting of the tower and the WECS for aircraft and helicopter will conform to FAA standards for height, wattage and color.
M.
SEQR review must be completed.
N.
All power transmission lines from a WECS and tower to any building or other structure shall be located underground.
O.
No television, radio or other communication antenna may be affixed or otherwise made a part of a WECS or tower.
§ 150-81 Applications for small WECS.
A.
In addition to the requirements for special use permits in Article VI of this chapter, an application for a special use permit for a small WECS shall including the following:
(1)
Name, address, and telephone number of the applicant and property owner and affidavit of agreement between the property owner and facility owner, if any.
(a)
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)
If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner 1) confirms that the property owner is familiar with the proposed applications, and 2) authorizing the submission of the application.
(2)
Address or other property identification of each proposed facility including tax map number, existing use and acreage of parcel, and zoning designation.
(3)
A description of the facility and project including data pertaining to the tower's safety and stability, including:
(a)
Safety results from test facilities.
(b)
Certification from the turbine manufacturer that the turbine is manufactured to operate at safe speeds.
(c)
The make, model, and manufacturing specifications including noise decibel data, maximum rated capacity, and evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
(d)
Sufficient information demonstrating that the system will be used primarily to reduce consumption of electricity at that location.
(e)
Written evidence that the electric utility service provider that serves the propose site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and states so in the application, to connect the system to the electricity grid.
(4)
Vertical drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, and the location of climbing pegs and access doors.
(5)
A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly show the following:
(a)
Property lines, physical dimensions of the site, and the location, dimensions, and types of existing structures and uses on the site.
(b)
Public roads and access roads.
(c)
Adjoining properties within 500 feet of the site including zoning designations, residences, schools, churches, hospitals, and libraries within 1,000 feet of each tower.
(d)
Location and size of structures above 35 feet within a 500-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.
(e)
The proposed location, elevation, and total height of the WECS.
(f)
Above- and below-ground utility lines within a radius of one-and-a-half times the total height of the WECS.
(g)
Setback lines. In addition to all setback lines, to demonstrate compliance with the setback requirements of this article, circles drawn around each proposed tower located to:
[1]
One-and-a-half times the tower height for any WECS 65 feet or less in total height. Two times the tower height for any WECS greater than 65 feet.
[2]
500-foot and 1,000-foot perimeter circles.
(h)
All other facilities on the site including access roads, transformers, electrical lines, storage or maintenance units, ancillary equipment or structures, transmission lines, and fencing.
(6)
A Full Environmental Assessment Form (EAF) and visual EAF addendum.
(7)
A copy of written notice of the application to the Federal Aviation Administration (FAA), microwave communications link operators, and electric utilities, including utility interconnection data and a proposed lighting plan to be reviewed by the FAA showing FAA required lighting, if applicable, and other proposed lighting.
(8)
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. Procedures acceptable to the Planning Board for emergency shutdown of power generation units created in consultation with the fire department shall be established and posted prominently and permanently on the access of the individual unit.
(9)
A preliminary transportation plan describing ingress and egress to the proposed project site to deliver equipment and provide access during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges, or other infrastructure, as well as measures which will be taken to restore damaged or disturbed access routes following construction.
(10)
A survey map showing federal, state, county, and local parks, recognized historic and heritage sites, state-identified wetlands, and important bird areas within a radius of five miles, as identified in federal, state, county, local, and New York Audubon's GIS database or other generally available documentation.
(11)
A list of property owners, with their mailing addresses, within 500 feet of the outer boundaries of the proposed site.
(12)
Studies or reports on:
(a)
Visual impact. This shall include a computerized photographic simulation showing the site fully developed and demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The study shall also indicate the color treatment of the facility's components and any visual screening incorporated into the project that is intended to lessen visual prominence.
(b)
Noise. This shall include a description and map of the project's noise-producing features and noise-sensitive environment, including the range of noise levels and the tonal and frequency characteristics expected. The report shall include noise levels at property lines, off-site residences, and any other sensitive noise-receptors (i.e., hospitals, libraries, schools, and places of worship) with identification of potential problem areas. The report shall also cover low frequency, A-weighted, pure tone, and repetitive/impulsive noise.
(c)
Electromagnetic interference. This shall include an analysis of the potential for electromagnetic interference with microwave, radio, television, personal communication systems, 911, and other wireless communication.
(d)
Avian impact. This shall include an analysis of bird and bat migration, nesting, and habitat that would be affected by the proposal. The applicant shall solicit input from the New York State Department of Environment Conservation and the U.S. Fish and Wildlife Service on such studies and shall follow any pertinent protocols established, adopted or promulgated by the Department.
(e)
Geotechnical impact. This shall, at a minimum, include an analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
(f)
Engineer's report. This shall be prepared by a professional engineer licensed in New York State and providing information regarding:
[1]
Ice throw. The report shall calculate the maximum distance that ice from turbine blades could be thrown.
[2]
Blade throw. The report shall calculate the maximum distance that pieces of the turbine blade could be thrown.
[3]
Catastrophic tower failure. The report shall include a statement from the turbine manufacturer detailing the wind speed and conditions that the turbine is designed to withstand.
[4]
Certification by an engineer licensed in New York State that the foundation and tower design are sufficient to withstand wind-loading requirements for structures as established by the New York State Uniform Construction Code.
(g)
Shadow flicker. This shall identify locations where shadow flicker may interfere with off-site residences and roadways and the expected duration of the flicker. The study shall also identify measures that shall be taken to eliminate or mitigate the problem.
(h)
Land use and water impacts. This shall detail potentially impacted wetlands, surface water, and groundwater resources, and the geology and land use of the site.
(i)
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. Such analysis shall include actual data concerning the impacts of previously constructed facilities in the State of New York on property values.
§ 150-82 Criteria for approval of small WECS.
A.
In addition to the criteria for approval of a special use permit, as stipulated in § 150-33, the Planning Board must find that the wind energy facility will not reasonably interfere with the Town's orderly land use and development plans, that the project is not detrimental to the public health, safety, or general welfare of the community, and that the project complies with all of the relevant provisions of the Zoning Law. The Planning Board may take the following criteria under consideration in making their determination:
(1)
Safety standards.
(a)
The total height of each small WECS shall not be more than 100 feet. The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Administration 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).
(b)
The minimum distance from the ground to the rotor blade tips shall not be less than 20 feet.
(c)
Small WECS shall not be climbable up to 12 feet above the ground. This can be achieved through anti-climbing devices or a fence around the tower with locking portals at least six feet high.
(d)
All access doors on towers or to electrical equipment shall be locked or fenced.
(e)
There shall be clearly visible signs on all small WECS electrical equipment warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include a 24-hour emergency contact number.
(f)
Small WECS shall comply with all applicable FAA requirements for air traffic warning lights.
(g)
No artificial lighting shall be allowed on small WECS except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.
(h)
Each small WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No small WECS shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(i)
The Planning Board may require a reasonable setback for ice throw based upon the report submitted pursuant to § 150-80A(12)(f).
(2)
Siting and installation.
(a)
Road access to project site. Subject to the property owner's preference, entrances to access roads must be gated and kept locked. The applicant must only use designated traffic routes established in the application review process. Routes should be chosen minimize traffic impacts taking into consideration wind energy facility related traffic during school but times, wear and tear on local roads, and impacts on local businesses. Existing road should be used to the extent possible or if new roads are needed they should minimize the amount of land used and the adverse environmental impacts. The applicant is responsible for remediation of any damaged roads due to siting and installation of the wind energy facility.
(b)
Power lines. Power lines between turbines and any other buildings or structures should be completely underground. Power lines for connection to the public utility company and transmission poles, towers, and lines may be aboveground. 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.
(c)
Connection of transmission lines from the wind energy facility to local distribution lines.
[1]
No construction of any small WECS shall be started until evidence is given of a signed interconnection agreement or letter of intent with an interconnecting utility company.
[2]
The wind energy facility shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to wind power generation facilities.
[3]
Transmission lines and points of connection to local distribution lines should be combined to the extent possible. The wind energy facility should be connected to existing substations if possible, or if new substations are needed, the number should be minimized.
(d)
Any construction on agricultural land shall be conducted according to the New York State Department of Agriculture and Markets "Guidelines for Agricultural Mitigation for Wind Power Projects" and shall not be located on active farmland and shall be located toward the edge of fields and tillage acreage to the fullest extent practical. Prime agricultural soils and soils of statewide importance shall also be avoided.
(3)
Setbacks.
(a)
Each small WECS measuring 65 feet or less in total height shall be set back at least one-and-a-half times the tower height from the following items listed below. Each small WECS greater than 65 feet, but not greater than 100 feet, in total height shall be set back at least two times the tower height from the following items:
[1]
All existing residences, structures, and buildings on a non-participating landowner's property.
[2]
All property lines, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, and public roads.
(b)
In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement describing the benefited and burdened properties, must be recorded in the County Clerk's office. The easement shall be permanent and may not be revoked without the consent of the Town Board of Owasco, which consent shall be granted upon either the completion of decommissioning of the benefitted small WECS in accordance with this article, or the acquisition of the burdened parcel by the owner of the benefitted parcel. If written consent is not obtained, a variance from the Zoning Board of Appeals shall be required to waive setback requirements.
(4)
Nuisance.
(a)
Noise.
[1]
The noise level generated by a small WECS shall not exceed 45 A-weighted decibels ("dba") for more than six minutes out of any one-hour time period, or exceed 50 dba for any time period, as measured at the site property line of a non-participating residence.
[2]
The noise level generated by a small WECS must also not increase ambient sound levels by more than 3 dba at any sensitive noise receptors, including residences, hospitals, libraries, schools, and places of worship, within 2,500 feet of the site property line.
[3]
If the ambient noise level measured at the site property line exceeds the standard, the standard shall be equal to the ambient noise level plus 3 dba.
[4]
Independent certification shall be required after construction demonstrating compliance with this requirement.
(b)
Interference with electromagnetic communications, radio signals, microwave, and television signals. No wind energy facility shall be installed in any location where its proximity with microwave communications, fixed broadcast, retransmission or reception antenna for radio, wireless phone, or other personal communications systems would produce substantial electromagnetic interference with signal transmission or reception. Any interference with television signals shall be mitigated by the wind energy developer.
(5)
Environmental and visual effects.
(a)
Advertising. No advertising shall be allowed on any part of the wind energy facility including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification of the turbine manufacturer, facility owner, and facility operator is permitted.
(b)
Colors and surfaces of small WECS. Colors and surface treatment of all small WECS shall minimize visual disruption by using white, beige, off-white, gray, or another non-reflective, unobtrusive color. Subject to the preceding sentence and all applicable FAA requirements, other small WECS components (excluding the tower and blades) shall make use of materials, textures, screening, and landscaping that blend the facility into the natural setting and existing environment to the extent practicable.
(c)
Landscaping. Subject to the landowner's preference, the landscaping of the wind energy facility should be appropriate to screen accessory structures from roads and adjacent residences. It should be designed to minimize the impacts of land clearing and loss of open space.
(d)
Ecosystems and animals. Wind energy facilities may not cause any violations of the Endangered Species Act or New York State's Endangered Species Regulations.
(e)
Visual setbacks. Small WECS should be set back from the tops of visually prominent ridgelines and designed and located to minimize adverse visual impacts to neighboring residential areas. Small WECS shall not be installed in any location that would substantially detract from or block the view of all or a portion of a recognized scenic vista as viewed from any public viewing areas such as public parks, roads, trails, or open space.
(f)
Shadow flicker. Small WECS shall be located in a manner that makes reasonable efforts to minimize shadow flicker to any occupied building, residences, or roadway on a non-participating landowner's property. Wind energy developers shall be required to undertake reasonable mitigation measures for shadow flicker in accordance with the preferences of the neighboring landowner provided it allows the continued operation of the small WECS. This mitigation obligation shall be incorporated into any special use permit approval.
(6)
Operation.
(a)
Maintenance. The owner/operator of the small WECS shall submit an annual report of operations and maintenance to the Code Enforcement Officer.
[1]
All small WECS must be maintained in operational condition meeting all of the requirements of this Article and other permit conditions at all times, subject to reasonable maintenance and repair outages. If the small WECS becomes inoperative, damaged, unsafe, or violates a permit condition or standard, the owner/operator shall remedy the situation within 90 calendar days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by an additional 90 calendar days if good cause can be shown by the owner/operator.
[2]
If the small WECS is not repaired or brough into permit compliance within the timeframe stated above, the Planning Board may, after a public hearing, order remedial action or revoke the special use permit and order removal of the small WECS within 90 calendar day.
(b)
Inspections.
[1]
The owner/operator of each wind energy facility shall submit a biannual inspection report to the Town Board or its designee on the structural and operational integrity of the facility. Such report shall be prepared by or under the direction of a qualified windmill inspector. If such report recommends that repairs or maintenance measures be undertaken, the owner/operator shall provide with such report a written schedule for undertaking such repairs or maintenance.
[2]
Following the issuance of any approval required under this chapter, the Code Enforcement Officer shall have the right to enter into the site upon which a wind energy facility has been placed, at reasonable time, in order to inspect such facility and its compliance with this chapter.
[3]
After undertaking such inspection, the Code Enforcement Officer shall provide notice of any non-compliance with the terms of this chapter or the conditions of approval of any permit issued hereunder, and shall provide the owner/operator with a reasonable timeframe to cure such violation, such timeframe to be determined based upon the seriousness of the violation, its impact upon public safety, and the impact upon residents of the Town.
§ 150-83 Requirements for temporary wind measurement towers.
A.
The Town Board acknowledges that prior to construction of a small WECS, a wind site assessment shall be conducted to determine the wind speeds and the feasibility of using particular sites. Installation of wind measurement towers, also know as anemometer towers, shall be permitted as a special temporary use.
B.
Anyone seeking to build a temporary wind measurement tower must submit an application for a special use permit to the Planning Board. If granted, the special use permit shall be valid for up to two years and may be renewed. An application for a temporary wind measurement tower shall include:
(1)
Name, address, and telephone number of the applicant,
(2)
Name, address, and 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 application.
(3)
Address of each proposed tower site, including tax map section, block, and lot number.
(4)
Site plan.
(5)
Decommissioning plan, based on the criteria in this article for small WECS, including a security bond or cash for removal.
C.
Wind measurement towers must be set back from property lines at least one-and-a-half times the total height of the tower and shall not be located on active farmland and shall be located toward the edge of fields and tillage acreage to the fullest extent practical. Prime agricultural soils and soils of statewide importance shall also be avoided.
D.
Subsequent to removal of a temporary wind measurement tower, installation sites shall be restored to a condition substantially similar to the site's condition upon installation of the wind measurement tower.
§ 150-84 Abatement, decommissioning, and site restoration for small WECS.
A.
Abatement and decommissioning. If the wind energy facility is not operated for a continuous period of 12 months, the Code Enforcement Officer shall contact the applicant by registered mail and provide 45 calendar days for a response. The applicant is required to respond and set forth reasons for the stoppage and a timetable for action. If the Code Enforcement Officer has made all reasonable efforts to notify the applicant but the applicant does not satisfactorily respond, the Code Enforcement Officer may request the Town Board to contract for removal and restoration using the money in the decommissioning bond, after salvage value, and charge the applicant any difference in cost.
B.
Decommissioning and site restoration plan. The plan shall include:
(1)
The anticipated life of the small WECS.
(2)
Triggering events for decommissioning and removal.
(3)
The estimated decommissioning costs in current dollars and how the estimate was determined.
(4)
Provision for a re-estimate of such decommissioning costs every five years by a professional engineer licensed in New York State.
(5)
The manner in which the small WECS will be decommissioned and the site restored including removal of all structures, turbines, cabling, electrical components, debris, and foundations to a depth of 36 inches, restoration of the soil and vegetation, and restoration of roads and driveways, less any fencing or residual minor improvements requested by the landowner.
C.
Bond.
(1)
A decommissioning bond payable to the Town of Owasco in an amount to be determined by the Planning Board for removal of nonfunctional small WECS and restoration of the wind energy facility site shall be maintained by the applicant.
(2)
The bond, letter of credit, or other equivalent form of security must be confirmed to be sufficient to cover decommissioning and site restoration costs every five years.
§ 150-85 Enforcement.
A.
The Town Board of Owasco shall appoint such Town staff or outside consultants as it sees fit to enforce this article, and each such person shall be deemed an Enforcement Officer under this article.
B.
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this article, and for such purposes the violation of this article is hereby declared an unclassified misdemeanor. The Town's justice court is hereby vested with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and Administrative Codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this article and thereafter, if appropriate, impose any fine, penalty, or sanction.