Seneca Falls Town City Zoning Code
ARTICLE XVI
Anaerobic Digester Facilities
[Added 11-1-2022 by L.L. No. 6-2022]
§ 300-152 Title.
This article shall be known as the "Town of Seneca Fails Anaerobic Digester Local Law."
§ 300-153 Legislative authority.
This article is enacted pursuant to the authority conferred upon the Town Board by Article IX of the New York State Constitution, Municipal Home Rule Law § 10, New York Town Law § 130, and the zoning powers conferred by Article 16 of the Town Law.
§ 300-154 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ANAEROBIC DIGESTER FACILITY
A facility the main purpose of which is to use anaerobic digestion to convert livestock and poultry manure (primary catalyst) and feedstock into biogas, as to manage livestock and poultry manure. Anaerobic digesters may include codigestion in which the livestock and poultry manure may be mixed with other organic materials (secondary catalysts).
ANAEROBIC DIGESTION
A series of processes in which microorganisms break down biodegradable material in the absence of oxygen, used for industrial or domestic purposes to manage waste and release energy.
APPLICANT
The person or entity filing application under this article.
BIOGAS
A fuel consisting of methane, carbon dioxide and small amounts of water and other compounds produced as a result of anaerobic digestion.
CODIGESTION
Anaerobic digestion of multiple biodegradable materials.
FEEDSTOCK
Any material which may be converted to methane gas by the process of anaerobic digestion. Nothing contained in this definition shall be construed to permit the use of any material generated off-site in small anaerobic digesters as defined and regulated herein.
LARGE ANAEROBIC DIGESTER
An anaerobic digester which accepts animal waste, feedstock, and/or other organic waste generated off-site or from more than one farm. It is noted that any system with a nameplate generating capacity of 25 megawatts or more is subject to the requirements, terms and conditions of Article 10 of the New York State Public Service Law.
SMALL ANAEROBIC DIGESTER
An anaerobic digester primarily intended to reduce on-site codigestion and off-site consumption of utility power. Small anaerobic digesters use livestock and poultry manure and other feedstock generated on-site by one farm and are designed and intended solely to generate power to offset utility costs. Small anaerobic digesters may include codigestion.
§ 300-155 Small anaerobic digesters.
Small anaerobic digester systems are permitted as an accessory use to farming operations in any zone where agricultural uses are permitted subject to the definition of "small anaerobic digester" as set forth above and also to the following:
A.
Setbacks and lot requirements.
(1)
Small anaerobic digesters are permitted only on lots of 10 acres or more.
(2)
Small anaerobic digesters shall not be located within 100 feet of any side property line, 100 feet of any rear property line, 500 feet from any residential structure other than that of the property owner and 150 feet from any public road right-of-way. For purposes of this subsection, the term "property owner" shall include any person or persons who own such residential structure and who also have an ownership interest in any corporation, limited liability company, partnership or other entity which owns the farm property and/or operation. There shall be no discharge of any kind on any such road right-of-way.
B.
Small anaerobic digester permit. The installation of a small anaerobic digester shall require a small anaerobic digester permit and building permit from the Code Enforcement Officer.
C.
Design and installation. The permit applicant shall address and document performance standards for siting to minimize impacts on neighboring properties which shall include considerations of:
(1)
Prevailing wind patterns.
(2)
Proximity to residential and other nonagricultural properties regardless of how they are zoned.
(3)
Operational noise.
(4)
Specific hours of operation with regard to truck traffic.
D.
The application shall be accompanied by documentation from a person qualified to design and install the proposed system, explaining all details of construction, operation, maintenance and necessary controls related to the system.
E.
Anaerobic digester systems shall be designed and constructed in compliance with the regulations and guidelines of the New York State Department of Environmental Conservation and any amendments, revisions, supplements, and successors thereto.
F.
Anaerobic digester systems shall be designed and constructed in compliance with all applicable local, state, and federal laws, codes and regulations. Evidence of such compliance and of all federal and state agencies' required approvals shall be included with the application.
G.
Utility notification. No anaerobic digester system shall be installed until evidence has been provided that the electric utility company has been informed of the applicant's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
§ 300-156 Large anaerobic digesters.
A.
Statement of legislative findings.
(1)
The Town Board finds that there are a number of concerns and negative factors concerning the operation of large anaerobic digesters. While small anaerobic digesters as defined above are an accessory use to and a normal part of handling animal and other organic waste incidental to farming, large anaerobic digesters involve factors which concern the Town Board on a much larger scale.
(2)
These factors include the presence of pathogens and the difficulty of monitoring the source of such pathogens when waste is brought in from off-site. They also include odor and noise from operation of the facility, truck traffic and the potential that waste material would be hauled through residential areas or spilled on public highways, and the emission of greenhouse gases, nitrogen, sulfur oxides, carbon monoxide, ammonia and particulate matter on a much larger scale than with small anaerobic digesters.
(3)
The Town Board finds that these concerns and factors render large anaerobic digesters to be an unsuitable use within the Town of Seneca Falls.
B.
Large anaerobic digesters not permitted within the Town of Seneca Falls.
(1)
Large anaerobic digesters as defined above shall not be permitted anywhere within the Town of Seneca Falls.
(2)
The expansion or modification of an existing small anaerobic digester to receive organic material of any kind from off-site or to supply electrical power off-site except as provided in the definition of "small anaerobic digester" in § 300-154 above shall constitute a prohibited use.
§ 300-157 Complaints; enforcement; penalties for offenses.
Complaints, the enforcement of this article, penalties, and remedies with regard to violations of this article shall be governed by the provisions of § 300-110 of Chapter 300, Zoning, of the Code of the Town of Seneca Falls.
§ 300-158 Fees.
The Town Board may by resolution establish a fee or fee structure for the receipt and review of any application filed under this article.