Patchogue City Zoning Code
ARTICLE XVII
Wind Energy Systems
§ 435-110 Purpose and intent.
This article is designed to promote the safe, efficient and effective use of small wind energy systems and to promote the reduction of on-site consumption of utility-supplied electricity, while protecting against any adverse effects of such systems.
§ 435-111 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The area, defined as the farthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. The radius of the area is the same as the total height of the structure.
A wind energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power.
The height above grade of the fixed portion of a tower that is part of a small wind energy system, inclusive of the wind turbine.
§ 435-112 Location restrictions.
Small wind energy systems shall only be permitted on parcels greater than four acres in size.
§ 435-113 Application for permit.
Applications for small wind energy systems shall be submitted to the Village of Patchogue Building and Housing Department and shall include:
A.
The name, address and telephone number of the applicants; and, 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.
The 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 submission of the application.
C.
The address of each proposed tower site, 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 or the system.
E.
A plot plan on an approved property survey, at a scale of one inch equals 100 feet, depicting the limits of the fall zone distance from structures, property lines and public roads and the projected noise level, in decibels (dBA), from the small wind energy system to the nearest occupied dwellings.
F.
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 Village Code and the New York State Building Code.
§ 435-114 Development standards.
A.
Tower height. Tower height shall not exceed 70 feet and shall be exempt from the height restrictions otherwise set forth in Chapter 435 of the Village Code. To prevent harmful wind turbulence to the small wind energy system, the minimum height of the lowest part of any horizontal or vertical axis wind turbine blade shall be at least 30 feet above the highest structure or free within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
B.
Yard setbacks. Yard setbacks shall be derived from the maximum effective height of any turbine as stated above.
(1)
Front yard. Small wind energy turbines mounted to a freestanding tower shall be prohibited in any front yard. Roof-mounted turbines may be allowed on that portion of a pitched roof which faces the rear yard, or, in the case of a flat roof, said turbine may be located on the rear half of such roof.
(2)
Side yard. Small wind energy turbines shall be set back from any side property line by a distance greater than the height of the turbine or the highest component thereof.
(3)
Rear yard. Small wind energy turbines shall be set back from any rear property line by a distance greater than the height of the turbine or the highest component thereof.
C.
Noise. Small wind energy systems shall not exceed 55 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.
D.
Compliance with New York State Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer.
E.
Compliance with National Electrical Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components on the plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer.
F.
Compliance with Federal Aviation Administration (FAA) regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable federal aviation requirements, including Subpart B (commencing with § 77.11) of Part 77 of Title 14 of the Code of Federal Regulations, regarding installations close to airports.
G.
Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
H.
Decommissioning. The property owner and operator shall, at his or her expense, complete decommissioning of the wind energy system within 12 months after the end of the useful life of said system. The wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of towers, turbines, buildings, cabling, electrical components, and any other associated facilities.
§ 435-115 Construction standards.
A.
Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.
B.
The system's tower and blades shall be a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize any visual disruption.
C.
All on-site electrical wires associated with the system shall be installed underground, except for tie-ins to a public utility company and public utility company transmission poles, towers and lines.
D.
At least one sign shall be posted on the tower, at a height of five feet, warning of potential electrical shock or high voltage and potential harm from revolving machinery.
E.
No brand names, logos 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.
F.
Towers shall be constructed to provide one of the following means of access control or other appropriate method of access:
G.
Anchor points for any guy wires for a system tower shall be located within the property on which the system is located and not on or across any aboveground, electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
H.
All small wind energy systems shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer.
I.
Capacity. Small wind energy systems shall generate no more than 110% of the property's anticipated demand at the time of application.
§ 435-116 Exemption for Village government and properties.
In order to promote experimental efforts in the development of alternative energy, the Village government and its properties are declared exempt from this legislation.