Verona Town City Zoning Code
ARTICLE IX
Wind-Power Facilities
[Added 12-5-2016 by L.L. No. 4-2016]
§ 262-61 Authority.
The Town of Verona Wind-Power Facilities Local Law is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10); New York Statute of Local Governments, § 10(1), (6) and (10); New York Municipal Home Rule Law, § 10(1)(i) and (ii) and § 10(1)(a)(6), (11), (12) and (14); New York Town Law Article 16, the Town of Verona's authority to enact zoning provisions that advance and protect the health, safety and welfare of the community, and to provide for, as conditions permit, the accommodation of wind-power energy systems and equipment and access to wind necessary therefor.
§ 262-62 Legislative purpose.
This article is adopted to advance and protect the public health, safety and welfare of the residents of the Town of Verona, including:
A.
Taking advantage of safe, abundant, renewable and nonpolluting energy resources;
B.
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family homes; and
C.
Increasing employment and business development in the region.
§ 262-63 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
The entity or individual person seeking a permit for the siting of a wind-power facility.
FINANCIAL ASSURANCE
The reasonable assurance from a credit-worthy party, examples of which include a surety bond, trust instrument, cash escrow or irrevocable line of credit.
LANDOWNER
The owner of the land upon which wind-power facilities are located.
OPERATOR
The entity responsible for the day-to-day operation and maintenance of the wind-power facility, including any third-party subcontractors.
OWNER
The entity or entities with equity interest in the wind-power facility, including their successors or designees.
PRIMARY STRUCTURE
The structure that one or more personnel occupy for the majority of time for personal or business reasons. Primary structures include residences and commercial buildings.
PROFESSIONAL ENGINEER
A qualified individual who is licensed as a professional engineer in New York State.
VIEWSCAPE
The range of view from a point toward the horizon, including natural and man-made components.
WIND-POWER FACILITY
Any wind-driven system that produces electrical power for commercial sale or for use in a commercial enterprise. Single turbines designed for on-site power consumption with a generating capacity of less than 100 kilowatts are exempt from these regulations.
WIND-POWER PROJECT
The collection of wind-power structures and related facilities, including substations for which a single permit may be sought.
WIND-POWER TOWER
The support structure to which the nacelle and rotor blade are attached.
WIND-POWER TOWER HEIGHT
The distance from the rotor blade at its highest point to the top surface of the tower foundation.
§ 262-64 Applicability and application material.
A.
Wind-power facilities located in the Town of Verona, Oneida County, New York, require a special use permit from the Town Planning Board. The objective of the application is to have all required information collected and available for review by relevant parties. The owner shall submit all application materials in triplicate to the Town Clerk of the Town of Verona. The application for a permit requires documentation of relevant information pursuant to the regulations listed in §262-65 below, as well as the following information:
(1)
The application will include a project summary providing:
(a)
A general description of the project including its approximate generating capacity, potential equipment manufacturers, types and numbers of wind-power facilities, maximum height of wind-power towers, maximum diameter of rotor(s), general location of project; and
(b)
A description of the applicant, owner and operator, including their respective business structures.
(2)
The name(s), address(es) and telephone numbers of the applicant, owner and operator and all landowners upon which the wind-power facilities are planned.
(3)
A site plan or plans, drawn to specified scales, for the installation of wind-power facilities, including the location of each tower, guy lines and anchor bases, services drives, fencing and grating, soil protection/restoration locations and permanent meteorological towers. The plan or plans must include any primary structures within one mile of any tower, property lines including the identification of adjoining properties, setback lines, public access roads and turnout locations, substations, electrical cabling from the tower(s) to the substation(s), ancillary equipment, third-party transmission lines and layout of all structures within the geographic boundaries of any applicable setback.
(4)
All required studies, reports, certification and approvals demonstrating compliance with the regulations of § 262-65 below.
(5)
Any other information normally required by the Town of Verona Planning Board, Oneida County or the State of New York.
(6)
A completed SEQR Long Form, Part 1.
B.
The applicant will notify the Town of Verona of any changes in the information provided in Subsection A above that occur while the special permit approval is pending. Additions of new wind-power facilities to an existing or permitted project require issuance of a new special permit from the Planning Board.
C.
Permit timetable. When a wind-power siting permit application is approved, construction must begin within 12 months of the approval date, and the owner has a total of 18 months to make a wind-power facility operational.
D.
Resale of the wind-power facilities and/or wind-power project. The new owner bears all the burden of all Town regulations and requirements enabling the issuance of this permit.
§ 262-65 Regulations and requirements.
A.
Design and construction.
(1)
Wind-power facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters' Laboratories or an equivalent third-party safety certification company.
(2)
A professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the wind-power facilities are within accepted professional standards, given local soil and climate conditions.
(3)
During construction, the applicant shall secure the services of a certified electrical engineer to inspect and oversee the entire project delivery system for safety and quality assurance and report his/her findings to the Town of Verona.
(4)
All service roads should meet specifications of the Town of Verona Highway Superintendent and Town Board.
B.
Controls and brakes.
(1)
All Wind-power facilities shall be equipped with a redundant braking system, including aerodynamic over-speed controls and mechanical brakes.
(2)
Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
C.
Electrical components.
(1)
All electrical components of wind-power facilities shall conform to local, state and national codes, and relevant national and international standards (e.g., ANSI and International Electrical Commission).
(2)
All power transmission lines from any wind-power facility to on-site substations shall be underground.
D.
Color. Towers and blades shall be painted white or gray or another nonreflective, unobtrusive color. No advertising or commercial logos or insignias will be visible on the structures.
E.
Compliance with FAA regulations. The applicant for the wind-power project must demonstrate compliance with all applicable FAA requirements. A full description of the warning light plan must be provided with the application.
F.
Warnings.
(1)
A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective objects, such as sleeves, reflectors or tape, shall be placed at the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.
G.
Climb protection. All wind-power facilities must be protected by anti-climbing devices, such as fences with locking portals at least six feet high or anti-climbing devices 12 feet vertically from the base of the tower.
H.
Setbacks.
(1)
All towers shall be set back at least 1,000 feet from any primary structure as defined in this article. The distance for the above setback shall be measured from the point of the primary structure foundation to the center of the closest wind-power facility tower foundation. The owner of the primary structure may waive the setback requirement, but in no case shall a tower used for commercial power generation be located closer to a primary structure than two times the wind-power tower height.
(2)
The minimum height of the end of rotor blades above ground surface shall be 30 feet.
(3)
All towers shall be set back a distance of 1,000 feet from public roads. In circumstances where a wind-power project is proposed to be on both sides of a public road, the Town of Verona may waive this setback requirement. In no case shall towers be located closer than two times the wind-power tower height from public roads.
(4)
All towers shall be set back at least 1,000 feet from third-party transmission lines and communication towers.
(5)
All towers shall be set back a distance of 1,000 feet from any adjacent property lines. The affected adjacent property owner may waive this setback requirement. In no case shall towers be located closer than two times the wind-power tower high from any adjacent property line.
(6)
Underground cables related to wind-power facilities shall run no closer than 300 feet to the nearest primary structure foundation, livestock barn or stable.
(7)
All towers shall be set back a distance of at least 1.5 times the wind-power tower height from any other wind-power tower.
(8)
No wind turbines shall be located within eight rotor hub heights (of the model of turbine used) of an existing residence, unless either:
(a)
Documentation based on accepted software designed for the purpose is presented demonstrating that the residences would not be affected by season shadow flicker (the casting of moving shadows by rotor blades at certain predictable times of the day and year); or
(b)
The applicant submits a legally binding agreement requiring the shutting down of turbines casting the shadow flicker during the identified time periods of the identified days, for each year of operation, when shadow flicker would fall on a primary structure.
(9)
Any waiver of any of the above setback requirements shall run with the land and be recorded as part of the chain of title in the deed of the subject property.
I.
Viewscape impacts.
(1)
The arrangement of wind-power facilities within a project and relative to adjacent projects should minimally impact the viewscape of primary structures within the project viewshed. Clustering of wind-power facilities within a project should be done so as to limit the angular view shed to 20° as viewed from one mile from the closest facility.
(2)
The Planning Board shall assess the viewscape impact with regard to the number of primary structures impacted and the potential for future development. Projects with significant viewscape impact may be denied permits on that basis alone.
(3)
The applicant will provide a digital elevation model visibility map showing the impact of the project on the viewscape. The scale used shall permit display of a minimum five-mile radius from the proposed site with a scale no smaller than one inch per mile using a base map locating all roads and primary structures within the five-mile radius.
(4)
The applicant shall provide three-inch by five-inch color photographs showing the view from the proposed project site in an arc of 360°, and similar photographs from all primary structures located within one mile of the project site that illustrate the possible viewscape impact on those structures. (Digitally enhanced photos illustrating proposed facilities on the project site are preferred.)
J.
Use of public roads.
(1)
An applicant, owner or operator proposing to use any Town road for the purpose of transporting any and all materials related to wind-power facility development (construction, operation, maintenance) shall:
(a)
Identify such public roads and contact the Superintendent of Highways for the Town of Verona and Oneida County to obtain permission regarding weight and size limits for use of Town or county roads prior to construction. The applicant must include documentation of this contact and permission.
(b)
Conduct a preconstruction baseline survey to determine existing road conditions for assessing future damage. The Town of Verona or Oneida County highway superintendent must approve this survey for Town or county roads, respectively.
(c)
Secure financial assurance in a reasonable amount agreed upon by the Town of Verona for the purpose of modifying or repairing any damage to the Town of Verona roads caused by constructing, operating or maintaining wind-power facilities.
K.
Emergency agencies and hazardous material.
(1)
The operator of a wind-power facility will provide local Fire Department and emergency service agencies with documentation of appropriate actions in case of emergency circumstances at the projects.
(2)
The operator will provide emergency plan updates to the Town of Verona should any changes in operation of facility occur.
(3)
All solid and liquid wastes related to the construction, operation and maintenance of a wind-power facility shall be removed from the site and disposed of in accordance with applicable laws. Handling, transport and storage of wastes shall likewise be done in accordance with applicable laws.
L.
Interference with communications systems. The applicant shall provide evidence in the form of test results or engineering studies that the wind-power facilities proposed will not interfere with microwave, cellular or television/radio transmission/reception to or from existing primary structures and fixed broadcast, retransmission or reception antennas. If after construction, the owner or operator receives a written complaint related to such interference, the owner or operator shall take reasonable steps, including provision of alternative communications, to respond to the complaint.
M.
Noise levels. The applicant shall provide documentation that the minimum noise level generated by wind-power facilities shall be no more than 50 dbA as measured at the closest primary structure. The owner or operator will provide results of annual noise testing demonstrating compliance with the minimum noise level. Failure to meet minimum noise level will result in revocation of the special permit for the facility.
N.
Wildlife impact.
(1)
The applicant shall demonstrate the project proposed will not infringe upon any designated wetlands and that appropriate measures will be taken to minimize soil erosion and watershed impacts. Appropriate State/Federal wetland permits need to be filed and approved and submitted with the application.
(2)
The applicant shall provide the results of a survey covering one full year by a qualified professional, such as an ornithologist or biologist, to determine if the project will have a substantial adverse impact on birds and/or bats. Such surveys, including radar and acoustic monitoring, should be done in accordance with the latest guidelines from NYSDEC or USF and WS.
(3)
To minimize collisions with wildlife, the lighting system for the site shall be designed in accordance with the latest USF and WS guidelines.
O.
Liability insurance. The owner or operator of wind-power facilities shall maintain a current general liability policy covering bodily injury and property damage with limits as agreed upon by the Town of Verona.
P.
Decommissioning plan. Prior to the granting of a special permit for project development, the owner or operator shall formulate a decommissioning plan cooperatively with the Town of Verona. The decommissioning plan shall include:
(1)
Provisions describing the triggering events for decommissioning of wind-power facilities;
(2)
Provisions for the removal of structures, debris and cabling, including those below the soil surface;
(3)
Provisions for the restoration of the soil and vegetation;
(4)
A timetable approved by the Town of Verona for site restoration;
(5)
An estimate of decommissioning costs certified by a professional engineer;
(6)
Financial assurance, secured by the owner or operator, for the purposes of adequately performing decommissioning, in an amount equal to the professional engineer's certified estimate of decommissioning costs;
(7)
Identification of and procedures for Town of Verona access to financial assurances;
(8)
A provision that the terms of the decommissioning plan shall be binding upon the owner or operator or any of their successors, assigns or heirs;
(9)
A provision that the Town of Verona shall have access to the site, pursuant to a reasonable notice, to effect or complete decommissioning;
(10)
Removal of machinery, equipment, tower, and all other materials related to the project is to be completed within one year of decommissioning.
Q.
Annual operating report. The owner or operator shall submit an annual operating report to the Town of Verona by January 30 that summarizes yearly operations, including total electrical power generation in the previous 12 months, changes in the technical aspects of operations on the site, status of all individual wind-power facilities, including information on noise levels, and changes in the business arrangements of the owner or operator. In addition the report shall include:
(1)
Proof of an annual insurance liability policy.
(2)
Proof of financial assurance.