[HISTORY: Adopted by the Town Board of the
Town of Evans as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-13-2008 by L.L. No. 5-2008]
The Town of Evans recognizes that wind energy
is an abundant, renewable and nonpolluting energy resource of the
Town and that its conversion to electricity can reduce dependence
on nonrenewable energy resources and decrease the air and water pollution
that results from the use of conventional energy resources. The intent
of this article is to promote the effective and efficient use of wind
energy conversion systems (WECS) and to regulate the design, placement,
construction, installation and/or modification of WECS for the purpose
of protecting the health and safety of neighboring property owners
and the general public, as well as the natural resources and aesthetics
of the community.
As used in this article, the following terms
shall have the meanings indicated:
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics which
has a rated capacity greater than 250 kilowatts, and a total height
of more than 175 feet, and is intended to solely supply electrical
power into a power grid for sale.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics which
has a rated capacity of not more than 250 kilowatts and a total height
less than 175 feet.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine or other mechanical device is mounted.
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
The height of the wind energy conversion system measured
from the ground elevation to the top of the tip of the blade in the
vertical position.
One or more mechanical devices, such as wind chargers, windmills
or wind turbines, which are designed and used to convert wind energy
into a form of useful energy for sale or redistribution to others.
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation, generator, nacelle, rotor, tower, transformer,
turbine, vane, wire, substation, maintenance or control facilities
or other component used in the system.
The placement, construction, and/or modification
of any commercial wind energy conversion systems within the Town of
Evans shall be permitted only by a special use permit issued by the
Town Board, upon site plan approval issued by the Planning Board,
after SEQR review, with the Evans Town Board designated as lead agent,
and upon issuance of a building permit.
The review and approval of any commercial wind
energy conversion system and issuance of a special use permit is subject
to all provisions of this article. Applicants for a special use permit
to place, construct or modify wind energy conversion systems within
the Town of Evans shall submit the following information to the Planning
Board for review and recommendations to the Town Board:
A.
Name and address of the applicant.
B.
Evidence that the applicant is the owner of the subject
property involved or has the written permission of the owner to make
such an application.
C.
Visual environmental assessment form (SEQR visual
EAF), landscaping plan, and visual assessment report, including appropriate
models and photography assessing the visibility from key viewpoints
identified in the visual EAF (or by the Town of Evans), existing tree
lines and proposed elevations. The visual EAF shall include a detailed
or photographic simulation showing the site fully developed with all
proposed wind turbines and accessory structures.
D.
Site plans drawn in sufficient detail to show the
following:
(1)
Location and height of the tower(s) on the site and
descriptive information, including blades, rotor diameter and ground
clearance.
(2)
Utility lines, both above and below ground, within
a radius equal to the proposed tower height, including the blades.
(3)
Property lot lines and the location and dimensions
of all existing structures and uses on site within 750 feet of the
WECS.
(4)
Surrounding land use and all structures within 750
feet of the WECS.
(5)
Dimensional representation of the various structural
components of the tower construction, including the base and footing.
(6)
Existing topography.
(7)
Removal of natural vegetation and regrading/land restoration
after construction according to NYS Agriculture and Markets and NYS
Department of Environmental Conservation guidelines (as applicable).
(8)
Dominant wind direction from which 50% or more of
the energy contained in the wind flows.
E.
Detailed construction plan, including but not limited
to a construction schedule, hours of operation, designation of heavy
haul routes, a list of material equipment and loads to be transported,
identification of temporary facilities intended to be constructed
and contact representative in the field with name and phone number.
F.
All groves of trees shall be located on the site plan
at time of application. No grove or woodlots of trees shall be removed
without approval of the Planning Board.
G.
Certification by a registered New York State professional
engineer that the tower's design is sufficient to withstand wind-loading
requirements for structures as established by the New York State Uniform
Construction Code, and certification from the turbine manufacturer
that the turbine can withstand excessive wind speeds and conditions.
H.
Turbine information, including the type, size, height,
rotor material, rated power output, performance, safety, and noise
characteristics of each commercial wind turbine model, tower, and
electrical transmission equipment.
I.
Photographs or detailed drawings of each wind turbine,
including the tower and foundation.
J.
A noise report shall be furnished which shall include
the following:
(1)
A description and map of the project's noise-producing
features, including the range of noise levels expected, potential
impacts to construction and operations workers and others, and the
tonal and frequency characteristics expected. The noise report shall
include low frequency, infrasound, pure tone, and repetitive/impulsive
sound.
(2)
A survey map and report, prepared by a qualified engineer,
that analyzes the preexisting ambient noise regime (including seasonal
variation), including but not limited to separate measurements of
low frequency and A-weighted noise levels across a range of wind speeds
(including near cut-in), turbulence measurements, distance from the
turbines, location of sensitive receptors located within two miles
of the proposed facility, i.e., residences, hospitals, libraries,
schools, places of worship and other facilities where quiet is important,
relative to wind direction; and analyses at affected sensitive receptors,
with identification of potential problem areas.
(3)
A description and map of the potential cumulative
noise impacts and identification of potential problem areas.
(4)
A description of the projects proposed noise-control
features, including specific measures proposed to protect workers,
and mitigate noise impacts for sensitive receptors, consistent with
levels in this article.
(5)
Manufacturers' noise design and field testing data,
both audible [dB(A)], and low frequency (deep bass vibration), for
all proposed structures.
(6)
Issues and considerations for individuals that use
hearing aids.
K.
A geotechnical report shall be furnished that shall,
at a minimum, include the following:
L.
An ice throw report from a New York State professional
engineer that calculates the maximum distance that ice from the turbine
blades could be thrown. (The basis of the calculation and all assumptions
must be disclosed.)
M.
A blade throw report from a New York State Professional
Engineer that calculates the maximum distance that pieces of the turbine
blades could be thrown. (The basis of the calculation and all assumptions
must be disclosed.)
N.
A copy of written notification to the Federal Aviation
Administration.
O.
Utility interconnection data and a copy of a written
notification to the public utility company of the proposed interconnection.
P.
Notification to microwave communications link operators.
An application that includes any wind turbine which is located within
two miles of any microwave communications link shall be accompanied
by a copy of a written notification to the operator of the link.
Q.
Where applicable, an application for approval to locate
within a one-hundred-year floodplain area, as shown on the floodplain
maps.
R.
A detailed report which shall address the potential
for wind erosion, water erosion, sedimentation and flooding, and which
shall propose mitigation measures for such impacts.
S.
A full (long) environmental assessment form (EAF).
T.
Such additional information as may be reasonably requested
by the Town Engineer or Planning Board.
Special use permits issued for wind energy conversion
systems shall be subject to the following conditions:
B.
Setbacks:
(1)
The applicant shall adhere to the following setbacks.
(c)
From railroads: a minimum 1.5 times the total
WECS height from any railroad right-of-way.
(d)
A minimum 1.5 times the total WECS height from
any aboveground transmission line greater than 12 kilovolts, located
off the property. If the power line is located on the subject properly,
the applicant should obtain permission from the transmission line
owner where the tower is located less than the 1.5 times the total
WECS height from the transmission line.
(2)
Notwithstanding the provisions set forth in Subsection B(1), such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of 25 years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback.
C.
The maximum overall height of any WECS shall be 450
feet. The maximum height shall be measured from the ground elevation
to the top of the tip of the blade in the vertical position.
D.
No advertising sign or logo shall be placed or painted
on any commercial wind energy conversion system.
E.
Wind turbines shall be painted a nonobtrusive color
that is nonreflective (e.g., light environmental color such as white,
gray, or beige). The design of commercial wind energy conversion system
buildings and related structures shall, to the extent reasonably possible,
use materials, colors, textures, screening and landscaping that will
blend the facility to the natural setting and the existing environment.
F.
The applicant shall submit a commercial wind energy
conversion system lighting plan that describes all lighting that will
be required, including any lighting that may be required by the FAA.
Such plan shall include but is not limited to the planned number and
location of lights, light color, whether any such lights will be flashing,
and mitigation measures planned to control the light so that it is
does not spill over onto neighboring properties.
G.
The applicant is required to obtain all necessary
regulatory approvals and permits from all federal, state, county,
and local agencies having jurisdiction and approval related to the
completion of the wind energy conversion system.
H.
The applicant shall adhere to the following safety
and security requirements:
(1)
Each wind turbine 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 wind turbine shall be permitted
that lacks an automatic braking, governing, or feathering system to
prevent uncontrolled rotation, overspeeding and excessive pressure
on the tower structure, rotor blades, and turbine components.
(2)
All structures shall be ground according to applicable
electrical codes in the event of a lightning strike.
(3)
All wiring between the wind turbines and the wind
energy facility substation shall be underground. The applicant is
required to provide a site plan showing the locations of all overhead
and underground electric utility lines, including substations for
the project.
(4)
All transmission lines from wind energy conversion
systems to on-site substations shall be installed underground. The
Planning Board shall have the authority to waive this requirement
if the subject project owner consents to aboveground transmission
lines or if the Planning Board has sufficient engineering data submitted
by the applicant to demonstrate that underground transmission lines
are unfeasible.
(5)
The blade tip of any wind turbine shall, at its lowest
point, have ground clearance of not less than 50 feet.
(6)
Wind turbine towers shall not be climbable up to 30
feet above ground level.
(7)
All access doors to wind turbine towers and electrical
equipment shall be lockable and shall remain locked at all times when
operator personnel are not present.
(8)
All structures shall be of self-supporting, monopole
construction (single pole). No lattice structures or guy-wire-supported
structures shall be permitted.
(9)
Appropriate signage shall be placed on wind turbine
towers, electrical equipment, and wind energy facility entrances warning
of electrical shock or high voltage and harm from revolving machinery.
Signage shall also include two twenty-four-hour emergency contact
numbers for the property owner, in accordance with local, state, and
federal codes.
I.
The applicant shall adhere to the following noise
requirements:
(1)
A commercial wind energy conversion system permit
shall not be granted unless the applicant demonstrates that the proposed
project complies with all noise regulations.
(2)
The applicant shall submit a noise study based on the requirements set out in § 198-4J of this article. The Planning Board shall determine the adequacy of the noise study and, if necessary, may require further submissions. The noise study shall consider the following:
(3)
The Planning Board may impose a noise setback that
exceeds the other setbacks set out in this section if it deems that
such greater setbacks are necessary to protect the public health,
safety and welfare of the community.
(4)
Wind turbine operations shall not create noise levels,
as measured at the subject property boundary, that exceed 45 dB(A)
for more than five minutes out of any one-hour time period or that
exceed 50 dB(A) during any time period.
(5)
A commercial wind energy conversion system shall not
be operated so that impulsive sound below 20 Hz (low-frequency noise)
adversely affects the habitability or use of any dwelling unit, hospital,
school, library, nursing home, or other sensitive noise receptor.
(6)
The applicant shall submit to a noise complaint and
investigation process, as deemed necessary and appropriate by the
Planning Board.
J.
The applicant shall submit a fire control and prevention
program that is appropriate and adequate for the proposed facility.
The proposed program may include, but is not limited to, the following:
(1)
Fireproof or fire-resistant building materials.
(2)
Buffers or fire-retardant landscaping.
(3)
Availability of water.
(4)
An automatic fire-extinguishing system for all buildings
or equipment enclosures of substantial size containing control panels,
switching equipment, or transmission equipment, without regular human
occupancy.
(5)
Provision of training and fire-fighting equipment
for local fire protection personnel.
K.
Development and operation of a commercial wind energy
conversion system shall not have a significant adverse impact on endangered
or threatened fish, wildlife, or plant species or their critical habitats,
or other significant habitats or on migratory bird species, as identified
in the Town of Evans Comprehensive Plan and/or the studies and plans
of the regional planning commissions based on criteria established
by the federal or state regulatory agencies.
L.
The applicant shall adhere to the following for unsafe
and inoperable wind energy conversion systems and site reclamation:
(1)
Unsafe and inoperable commercial wind energy conversion systems, and commercial wind energy facilities for which the permit has expired, shall be removed by the owner. All safety hazards created by the installation and operation of the commercial wind energy conversion system shall be eliminated, and the site shall be restored to its natural condition as per Subsection L(2). A bond or other appropriate form of security shall be required to cover the cost of the removal and site restoration. (A commercial wind energy conversion system shall be deemed inoperable if it has not generated power within the preceding six months).
(2)
The applicant shall submit a removal and site restoration
plan and cost estimate to the Town Planning Board for its review and
approval. The restoration plan shall identify the specific properties
it applies to and shall indicate removal of all buildings, structures,
wind turbines, access roads and/or driveways and foundations to four
feet below finish grade; road repair costs, if any; and all regrading
and revegetation necessary to return the subject property to the condition
existing prior to establishment of the commercial wind energy conversion
system. The restoration shall reflect the site-specific character,
including topography, vegetation, drainage, and any unique environmental
features. The plan shall include a certified estimate of the total
cost (by element) of implementing the removal and site restoration
plan.
(3)
Every unsafe and inoperable commercial wind energy
conversion system and every wind energy conversion system that is
declared a public nuisance shall be subject to abatement by repair,
rehabilitation, demolition, or removal. An inoperable commercial wind
energy conversion system shall not be considered a public nuisance,
provided that the owner can demonstrate that modernization, rebuilding
or repairs are in progress or planned and will be completed within
no more than six months.
M.
The applicant must submit information that the proposed
construction of the wind energy conversion system will not cause interference
with microwave transmissions, cellular transmissions, residential
television interference or radio reception of domestic or foreign
signals. The applicant shall include specific measures proposed to
prevent interference, a complaint procedure, and specific measures
proposed to mitigate interference impacts.
N.
The applicant shall adhere to the following with respect
to interference with aviation navigational systems:
(1)
No commercial wind energy conversion system shall
be installed or operated in a manner that causes interference with
the operation of any aviation facility.
(2)
All commercial wind energy siting shall comply with
Federal Aviation Administration ("FAA") regulations.
(3)
All commercial wind energy facilities shall include
a locking mechanism which prevents the blades from rotating when not
producing power, in order to limit airport radar interference or "clutter."
This provision does not apply while the WECS is free-wheeling during
startup and shutdown. The Planning Board may modify or eliminate the
requirement for a locking mechanism if sufficient evidence is presented
that no significant airport radar interference or clutter will be
caused by the commercial wind energy conversion system.
O.
Erosion control. The applicant shall adhere to the
following:
(1)
Before the Town of Evans shall issue a grading or
building permit for the commercial wind energy conversion system,
the applicant shall submit an erosion control plan to the Planning
Board for its review and approval. The Plan shall minimize the potential
adverse impacts on wetlands and Class I and II streams and the banks
and vegetation along those streams and wetlands and to minimize erosion
or sedimentation.
(2)
If the proposed project disturbs over one acre, the
applicant must comply with the New York State Department of Environmental
Conversion SPDES General Permit for Stormwater Discharges from Construction
Activity (Permit No. GP-02-01). A copy of the notice of intent (N.O.I.)
and stormwater pollution prevention plan (SWPPP) as required by the
General Permit must be filed with the Town of Evans prior to construction.
Per the General Permit, construction cannot begin until the required
time period for NYS DEC review has passed.
P.
Certification. The applicant shall provide the following
certifications.
(1)
The foundation, tower and compatibility of the tower
with the rotor and rotor-related equipment shall be certified, in
writing, by a structural engineer registered in New York. The engineer
shall certify compliance with good engineering practices and compliance
with the appropriate provisions of the Uniform Construction Code that
have been adopted in New York State.
(2)
After completion of the wind energy conversion system,
the applicant shall provide a postconstruction certification from
a licensed professional engineer registered in the State of New York
that the project complies with applicable codes and industry practices
and has been completed according to the design plans.
(3)
The electrical system shall be certified, in writing,
by an electrical engineer registered in New York. The engineer shall
certify compliance with good engineering practices and with the appropriate
provisions of the Electric Code that have been adopted by New York
State.
(4)
The rotor overspeed control system shall be certified,
in writing, by a mechanical engineer registered in New York State.
The engineer shall certify compliance with good engineering practices.
(5)
Certificate of completion must be supplied by the
applicant and approved by the Town of Evans Code Enforcement Officer.
A.
Upon reasonable notice, Town of Evans officials or
their designated representatives may enter a lot on which a commercial
wind energy conversion system permit has been granted for the purpose
of compliance with any permit requirements. Twenty-four hours advance
notice by telephone to the owner/operator or designated contact person
shall be deemed reasonable notice.
B.
The applicant shall submit a plan for monitoring the
avian/bat impact of the commercial wind energy conversion system to
the Planning Board for its review and approval. Such plan shall document
and follow accepted scientific study procedures. In addition, the
applicant shall agree to submit a report to the Planning Board according
to the requirements of the applicable regulatory agencies that identifies
all dead birds found within 500 feet of the commercial wind energy
conversion system.
C.
The applicant shall agree to submit periodic monitoring
reports to the Planning Board. The report shall contain data on the
operations and environmental impacts, and shall be in the form prescribed
by the Planning Board.
D.
The applicant shall agree to submit a quarterly power
production report to the Planning Board. The power production report
shall cover the preceding calendar quarter, and shall be in the form
prescribed by the Planning Board and shall include actual power production
in kilowatt hours for each commercial wind energy conversion system.
E.
Unless waived by the Planning Board, wind turbines
or poles over 150 feet in height shall be inspected annually by a
New York State licensed professional engineer that has been approved
by the Town or at any other time upon a determination by the Town's
Code Enforcement Office that the wind turbine, tower or pole may have
sustained structural damage, and a copy of the inspection report shall
be submitted to the Town Code Enforcement Officer. Any fee or expense
associated with this inspection shall be borne entirely by the permit
holder.
F.
General complaint process.
(1)
During construction, the Town of Evans Code Enforcement
Officer can issue a stop order at any time for any violations of the
permit.
(2)
After construction is complete, the permit holder
shall establish a contact person, including name and phone number,
for receipt of any complaint concerning any permit requirements. Upon
receipt of complaint from the Town of Evans Code Enforcement Officer,
the permit holder/contact person shall have seven working days to
reply to the Town in writing.
A.
The applicant shall pay all costs associated with
the Town of Evans review and processing of the application. The applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board. The Town of Evans may require additional
deposits to cover the costs of reviewing and processing the application.
Such additional deposits, if requested, shall be promptly submitted
by the applicant. Following action on the application, any unused
amount of the deposit(s) shall be returned to the applicant with a
summary of the costs incurred.
B.
A one-time or periodic fee and a requirement to provide
public works or services may be imposed as a condition of a commercial
wind energy conversion system permit. Such fees must be related to
the public need created by the wind energy development. The purposes
for which the permit fee may be used include, but are not limited
to, providing roads required by the wind energy development, providing
fire-protection services, and establishing and operating a monitoring
system.
C.
The Town of Evans reserves the right to, by local
law, provide that no exemption pursuant to the provision of the New
York State Real Property Tax Law (RPTL) § 487 shall be applicable
within its jurisdiction.
D.
Proof of insurance. Prior to the issuance of a building
permit, the applicant shall provide the Town Clerk with proof of insurance
in a sufficient dollar amount to cover potential personal and property
damage associated with construction and operation thereof.
A.
Findings necessary to grant a commercial wind energy
conversion system permit. In order to grant a commercial wind energy
conversion system permit, the Town of Evans shall review the application;
all filings by any other party; and conduct a public hearing. A commercial
wind energy conversion system permit shall not be granted unless the
Town of Evans makes the following findings based on substantial evidence:
(1)
Consistent with the comprehensive plan. The proposed
commercial wind energy conversion system project is consistent with
the Comprehensive Plan of the Town of Evans.
(2)
Will not unreasonably interfere with the orderly land
use and development plans. The proposed commercial wind energy conversion
system will not unreasonably interfere with the orderly land use and
development plans of the Town of Evans.
(3)
Benefits to the applicant and public will exceed any
burdens. That the benefits to the applicant and the public of the
proposed commercial wind energy conversion system project will exceed
any burdens.
(4)
Not detrimental to the public health, safety and general
welfare of the community. The proposed commercial wind energy conversion
system will not be detrimental to the public health, safety or general
welfare of the community.
B.
The Town Board may grant the special use permit, deny
the special use permit, or grant the special use permit with written
stated conditions. Denial of the special use permit shall be by written
decision based upon substantial evidence submitted to the Board. Upon
issuance of the special use permit, the applicant shall obtain a building
permit for each tower.
C.
WECS permits approved by the Town Board of the Town
of Evans shall be renewed annually. The permit holder shall make renewal
application to the Planning Department 60 days prior to expiration
to allow for inspection and full compliance with all applicable laws
and regulations. The renewal application will include a fee set by
the Town Board.
D.
The special use permit shall not be assignable or
transferable.
E.
Any postconstruction changes or alterations to the
wind energy conversion system shall be done only by amendment to the
special use permit and subject to all requirements of this article.
The applicant licensee shall agree to indemnify
and save the Town, its Town Board, officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents,
and/or employees arising from the construction, operation, or maintenance
of the WECS.
The Town Board acknowledges that prior to construction
of a WECS, a wind-site assessment is conducted to determine the wind
speeds and feasibility of using particular sites. Installation of
wind measurement towers, also known as anemometer ("Met") towers,
shall be permitted as a special use in the same zoning districts as
the WECS.
A.
An application for a wind measurement tower shall
include:
(1)
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 the original signature of the applicant authorizing the representation.
(2)
Name, address, telephone number of 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.
(3)
Address of each proposed tower site, including Tax
Map section, block, and lot number.
(4)
Site plan.
(5)
Decommissioning plan, including a security bond or
cash for removal.
B.
The Town Board may attach such conditions as it deems
appropriate to variance approvals as it deems necessary to minimize
the impact of the variance.
[Adopted 8-13-2008 by L.L. No. 6-2008]
The placement, construction, and/or modification
of any noncommercial wind energy conversion systems within the Town
of Evans shall be permitted only by a special use permit issued by
the Town Board, upon site plan approval issued by the Planning Board,
after SEQR review, with the Evans Town Board designated as lead agent,
and upon issuance of a building permit.
The review and approval of any noncommercial
wind energy conversion system and issuance of a special use permit
is subject to all provisions under this section, as follows:
A.
Applications. Applicants for a special use permit
to place, construct or modify wind energy conversion systems within
the Town of Evans shall submit the following information to the Planning
Board for review and recommendations:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the subject
property or has the written permission of the owner to make such an
application.
(3)
A site plan, drawn in sufficient detail to show the
following:
(a)
Location and height of the tower(s) on the site
and descriptive information, including blades, rotor diameter and
ground clearance.
(b)
Property lot lines and the location and dimensions
of all existing structures and uses on site within 500 feet of the
wind energy conversion systems.
(c)
Dimensional representation of the various structural
components of the tower construction, including the base and footing.
(4)
Turbine information, including type, size, height,
rotor material, rated power output, performance, safety, and noise
characteristics of the residential wind turbine and tower.
(5)
Photographs or detailed drawings of each wind turbine
model, including the tower and foundation.
(6)
A noise report shall be furnished which includes the
manufacturers' noise design and field testing data for the proposed
structure.
(7)
Foundation requirements.
(8)
Utility interconnection data and a copy of a written
notification to the utility of the proposed interconnection.
(9)
Electrical 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 Electrical Code adopted
by New York State.
(10)
If the WECS is located within a one-hundred-year
flood plain area, a detailed report shall be provided that addresses
the potential for wind erosion, water erosion, sedimentation and flooding,
and includes proposed mitigation measures for such impacts.
(11)
A full (long) environmental assessment form
(EAF).
(12)
Such additional information as may be reasonably
requested by the Town Engineer or Planning Board.
B.
Special use permits issued for wind energy conversion
systems shall be subject to the following conditions.
(2)
Setbacks:
(a)
The applicant shall adhere to the following
setbacks.
[2]
From structures: a minimum 1.5 times the total
WECS height from any building located outside the applicant's property
line.
[3]
From railroads: a minimum 1.5 times the total
WECS height from any railroad right-of-way.
[4]
From aboveground transmission lines greater
than 12 kilovolts: a minimum 1.5 times the total WECS height from
any aboveground transmission line greater than 12 kilovolts.
(b)
Notwithstanding the provisions set forth in Subsection B(2)(a), such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of 25 years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback.
(3)
Only one noncommercial wind energy conversion system
tower shall be allowed per legal lot or as determined by the Planning
Board.
(4)
The system shall be primarily used to reduce the on-site
consumption of electricity and at no times shall electricity be distributed
across property lines.
(5)
The maximum overall height of any noncommercial wind
energy conversion system shall be 175 feet.
(6)
Noncommercial wind energy conversion system shall
only be located in rear yards.
(7)
All property owners located within 1,000 feet of the
subject property line shall be notified by the Town Clerk of the applicant's
interest to construct a noncommercial wind energy conversion system
within 10 days of the filing of an application for a WECS permit from
the Town of Evans. This notification shall include the size, location
and planned construction date of WECS system. Failure to comply with
this notification will not constitute a jurisdictional defect.
(8)
No advertising sign or logo shall be placed or painted
on any noncommercial wind energy facility. A noncommercial wind energy
facility permit may only allow the placement of the tower's manufacturer's
logo on a system generator housing in an unobtrusive manner. Appropriate
signage shall be placed on wind turbine towers, and electrical equipment
signage warning of electrical shock or high voltage and harm from
revolving machinery. Signage shall also include one twenty-four-hour
emergency contact number for the property owner.
(9)
Exterior lighting on any structure associated with
the system shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
(10)
Wind turbines shall be painted a nonobtrusive
color that is nonreflective (e.g., light color, such as white, gray,
or beige).
(11)
The applicant is required to obtain all necessary
regulatory approvals and permits from federal, state, county, and
local agencies having jurisdiction and approval related to the construction
of the Wind Energy Conservation System.
(12)
The applicant shall adhere to the following
safety and security requirements.
(a)
Each wind turbine 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 wind turbine shall be permitted
that lacks an automatic braking, governing, or feathering system to
prevent uncontrolled rotation, overspeeding and excessive pressure
on the tower structure, rotor blades, and turbine components.
(b)
All structures shall be grounded according to
applicable electrical code in the event of a lightning strike.
(c)
All wiring associated with the wind energy facility
shall be installed underground, except for tie-ins to a public utility
company and public utility company transmission poles, towers or lines.
(d)
The blade tip of any wind turbine shall, at
its lowest point, have ground clearance of not less than 30 feet.
(e)
Wind turbine towers shall not be climbable up
to 30 feet above ground level.
(f)
Anchor points for any guy wires for a system
tower shall be located within the subject property and not extend
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
extending up to eight feet above the ground. The minimum setback for
the guy wire anchors shall be 10 feet from the property boundary.
(13)
The applicant shall adhere to the following
noise requirements.
(a)
Wind turbine operations shall not create noise
levels, as measured at the property boundary, that exceed 45 dB(A)
for more than five minutes out of any one-hour-time period or that
exceed 50 dB(A) during any time period.
(b)
A noncommercial wind energy conversion system
shall not be operated so that impulsive sound below 20 Hz (low-frequency
noise) adversely affects the habitability or use of any dwelling unit,
hospital, school, library, nursing home, or other sensitive noise
receptor.
(14)
Development and operation of a noncommercial
wind energy conversion system shall not have a significant adverse
impact on endangered or threatened fish, wildlife, or plant species
or their critical habitats, or other significant habitats or on migratory
bird species.
(15)
The operation of a noncommercial wind energy
conversion energy system shall not cause electromagnetic interference.
If it is demonstrated that a system is causing interference, the system
operator shall promptly mitigate the harmful interference or cease
operation of the system.
(16)
The applicant shall adhere to the following
for the reclamation of unsafe and inoperable wind energy facilities;
site reclamation:
(a)
Every unsafe and inoperable noncommercial wind
energy conversion system shall be declared a public nuisance that
is subject to abatement by repair, rehabilitation, demolition, or
removal.
(b)
Unsafe and inoperable noncommercial wind energy
conversion systems and facilities for which the permit has expired
shall be removed by the owner. All safety hazards shall be eliminated
and the site shall be restored to its natural condition to the greatest
extent feasible. (A noncommercial wind energy facility shall be deemed
inoperable if it has not generated power within the preceding six
months.)
(c)
Where the owner can demonstrate that modernization,
rebuilding or repairs are in progress or planned and will be completed
within no more than six months, an inoperable noncommercial wind energy
facility shall not be considered a public nuisance.
(17)
Interconnection and electrical distribution
facilities shall adhere to the following:
(18)
The applicant is required to provide the following
certifications:
(a)
The foundation, tower and compatibility of the
tower with the rotor and rotor- related equipment shall be certified,
in writing, by a structural engineer registered in New York. The engineer
shall certify compliance with good engineering practices and compliance
with the appropriate provisions of the Uniform Construction Code that
have been adopted in New York State.
(b)
The electrical system shall be certified, in
writing, by an electrical engineer registered in New York. The Engineer
shall certify compliance with good engineering practices and with
the appropriate provisions of the Electrical Code that have been adopted
by New York State.
(c)
The rotor overspeed control system shall be
certified, in writing, by a mechanical engineer registered in New
York State. The Engineer shall certify compliance with good engineering
practices.
(19)
General compliance process:
(a)
During construction the Town of Evans Code Enforcement
Officer can issue a stop order at any time for any violations of the
permit.
(b)
After construction is complete, the permit holder
shall establish a contact person, including name and phone number,
for receipt of any complaint concerning any permit requirements. Upon
receipt of complaint from the Town of Evans Code Enforcement Officer,
the permit holder/contact person shall have seven working days to
reply to the Town, in writing.
(20)
Final inspection shall be conducted by the Town
of Evans Code Enforcement Officer in conjunction with the Town Engineer
to insure compliance with all manufacturers' specifications and the
New York State Uniform Construction Code.
The applicant shall pay all costs associated
with the Town of Evans' review and processing of the application.
The applicant shall submit the specified review fees at the time the
application and supporting materials are submitted to the Town.
A.
Findings necessary to grant a noncommercial wind energy
conversion system permit. In order to grant a noncommercial wind energy
conversion system permit, the Town of Evans shall review the application;
all filings by any other party; conduct the required environmental
review; and hold a public hearing for the project. A noncommercial
wind energy conversion system permit shall not be granted unless the
Town of Evans makes the following findings based on substantial evidence:
(1)
The proposed noncommercial wind energy conversion
system project is consistent with the Comprehensive Plan of Town of
Evans.
(2)
The proposed noncommercial wind energy conversion
system will not unreasonably interfere with the orderly land use and
development plans of the Town of Evans.
(3)
The proposed noncommercial wind energy conversion
system will not be detrimental to the public health, safety or general
welfare of the community.
B.
The Town Board may grant the special use permit, deny
the special use permit, or grant the special use permit with conditions.
Denial of the special use permit shall be by written decision based
upon substantial evidence submitted to the Board. Upon issuance of
the special use permit, the applicant shall obtain a building permit
for the tower.
C.
WECS permits approved by the Town Board of the Town
of Evans shall be renewed annually. The permit holder shall make renewal
application to the Planning Department 60 days prior to expiration
to allow for inspection and full compliance with all applicable laws
and regulations. The renewal application will include a fee set by
the Town Board.
D.
The special use permit shall not be assignable or
transferable.
E.
Amendments to special use permit. Any postconstruction
changes or alterations to the wind energy conversion system shall
be done only by amendment to the special use permit and subject to
all requirements of this article.
The applicant shall agree to indemnify and save
the Town, its Town Board, officers, agents and employees harmless
from any liability imposed upon the Town, its officers, agents, and/or
employees arising from the construction, operation, or maintenance
of the WECS.
No permit or other approval shall be required
under this article for noncommercial wind energy conversion systems
that are solely used for agricultural operations located in a state
or county agricultural district, as long as the property owner, or
designated agent submits the following to the Town of Evans Planning
Board for review prior to installation:
A.
Information requested in § 198-12A(4) (manufacturer information).
B.
A sketch plan showing their compliance with the setbacks outlined in § 198-12B(2) (set plan with setbacks).
C.
Compliance with § 198-12B(12) (safety and security requirements).
D.
Compliance with § 198-12B(15) (radio/TV interference).
E.
Compliance with § 198-12B(17) (interconnection to electrical facilities).
F.
Compliance with § 198-12B(18) (mechanical/electrical certifications).
