[Added 10-22-2008 by L.L.
No. 3-2008]
The placement, construction, and major modification of all noncommercial
wind energy conversion systems within the boundaries of the Town of
Newfane shall be permitted only by special use permit, upon site plan
approval issued by the Planning Board herein and issuance of a building
permit, and subject to all provisions under this article being made
as follows.
Applications under this article shall be made as follows. Applicants
for a special use permit to place, construct or modify wind energy
conversion systems within the Town of Newfane shall submit the following
information to the Planning Board for its referral to a professional
engineer or consultant for review and recommendation:
A.
Name and address of the applicant.
B.
Evidence that the applicant is the owner of the property involved
or has the written permission of the owner to make such an application.
C.
A site plan drawn in sufficient detail to show the following:
(1)
Location of the tower(s) on its site and the tower height, including
blades, rotor diameter and ground clearance.
(2)
Property lot lines and the location and dimensions of all existing
structures and uses on site within 300 feet of the wind energy conversion
systems.
(3)
Dimensional representation of the various structural components
of the tower construction, including the base and footing.
(4)
Certification by a registered New York State registered professional
engineer that the design of the supporting structure or tower is sufficient
to withstand wind load requirements for structure as established by
the New York State Uniform Fire Prevention and Building Code.
(5)
Wind characteristics and dominant wind direction in the direction
from which 50% or more of the energy contained in the wind flows.
D.
Turbine information: Specific information on the type, size, height,
rotor material, rated power output, performance, safety, and noise
characteristics of the residential wind turbine and tower.
E.
Turbine drawings: photographs or detailed drawings of each wind turbine
model, including the tower and foundation.
F.
A noise report shall be furnished which shall include the following:
manufacturers' noise design and filed testing data for the proposed
structure.
H.
Utility notification: Utility interconnection data and a copy of
a written notification to the utility of the proposed interconnection.
I.
Electrical line drawing: 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 Electrical Code adopted
by New York State.
J.
Floodplain: An application that includes any wind turbine which is
located within a 100-year floodplain area, as such flood hazard areas
are shown on the floodplains maps, shall be accompanied by 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.
K.
Other information: 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:
A.
Setbacks. The applicant shall adhere to the following setbacks:
(1)
From structures: a minimum of 1.25 times the total WECS height
from any dwelling located upon owner's property and 2.25 times
the total WECS height from any dwelling not located upon owner's
property.
(2)
From property lines: a minimum of 1.25 times the total WECS
height from all property lot lines.
(3)
From public road and highways: a minimum of 1.25 times the total
WECS height from any public road and highway.
(4)
From railroads: a minimum of 1.25 times the total WECS height
from any railroad right-of-way.
(5)
From aboveground transmission lines greater than 12 kilovolts:
a minimum of 1.25 times the total WECS height from any aboveground
transmission line greater than 12 kilovolts.
B.
The Planning Board shall determine the number of WECS to be allowed
per legal lot.
C.
The system shall be primarily used to reduce the on-site consumption
of electricity, and at no time shall electricity be distributed across
property lines.
D.
Maximum height. The maximum overall height of any noncommercial wind
energy conversion system shall be 150 feet.
E.
Noncommercial wind energy conversion system shall be placed or located
in rear yards.
F.
Notification of adjacent property owners. All applicants are required
to notify all property owners within 500 feet of the property line
of the proposed parcel where the noncommercial wind energy conversion
system will be erected of the proposed project. The adjacent property
owners shall be notified by the Town Clerk in writing within 10 days
of filing an application for a WECS permit with the Town of Newfane.
This notification shall include the size, location and planned construction
date of the residential WECS system.
G.
Signage limited. No advertising sign or logo shall be placed or painted
on any noncommercial wind energy facility. A noncommercial wind energy
facility permit may allow the placement of the tower's manufacturer's
logo on a system generator housing in an unobtrusive manner.
H.
Lighting. Exterior lighting on any structure associated with the
system shall not be allowed, except that which is specifically required
by the Federal Aviation Administration.
I.
Color and finish. Wind turbines shall be painted a nonobtrusive (e.g.,
light environmental color such as white, gray, or beige) color that
is nonreflective.
J.
Compliance with the regulatory agencies.
(1)
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 conservation system.
(2)
The applicant is required to submit a long environmental assessment
form (EAF), with the Town of Newfane designated as lead agent for
the SEQR process.
L.
Safety and security requirements. The applicant shall adhere to the
following safety and security requirements:
(1)
Safety shutdown: 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. A 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)
Grounding: All structures which may be charged with lightning
shall be grounded according to the applicable electrical code.
(3)
Wiring: 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.
(4)
Ground clearance: The blade tip of any wind turbine shall, at
its lowest point, have ground clearance of not less than 30 feet.
(5)
Climability: Wind turbine towers shall not be climbable up to
15 feet above ground level.
(6)
Anchor points for guy wires: Anchor points for any guy wires
for a system tower shall be located with the property that the system
is located on and not 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 from the ground to eight feet above the ground.
The minimum setback for the guy wire anchors shall be 10 feet from
the property boundary.
(7)
Signage: Appropriate warning signage shall be placed on wind
turbine towers and electrical equipment. Signage shall also include
one twenty-four-hour emergency contact number to the owner of the
wind turbine as well as signage warning of electrical shock or high
voltage and harm from revolving machinery.
M.
Noise requirements. The applicant shall adhere to the following noise
requirements:
(1)
Audible noise standard: The audible noise standard due to wind
turbine operations shall not be created which causes the noise level
at the boundary of the proposed project site to exceed 45 dB(A) for
more than five minutes out of any one-hour time period or to exceed
50 dB(A) for any time period.
(2)
Operations; low frequency noise: A noncommercial wind energy
facility shall not be operated so that impulsive sound below 20 Hz
adversely affects the habitability or use of any dwelling unit, hospital,
school, library, nursing home, or other sensitive noise receptor.
N.
Impact on wildlife species and habitat. The applicant shall adhere
to the following regarding the impact on wildlife species and habitat:
(1)
Endangered species: Development and operation of a residential
wind energy facility shall not have a significant adverse impact on
endangered or threatened fish, wildlife, or plant species or their
critical habitats, or other significant habitats identified in the
Town of Newfane Comprehensive Plan and/or the studies and plans of
the regional planning commissions.
(2)
Migratory birds: Development and operation of a residential
wind energy facility shall not have an adverse impact on migratory
bird species.
O.
Interference with residential television, microwave and radio reception.
The noncommercial wind energy conversion system shall be operated
such that no electromagnetic interference is caused. If it is demonstrated
that a system is causing harmful interference, the system operator
shall promptly mitigate the harmful interference or cease operation
of the system.
P.
Unsafe and inoperable wind energy facilities; site reclamation. The
applicant shall adhere to the following:
(1)
Removal and site restoration: Unsafe noncommercial wind energy
facilities, inoperable noncommercial wind energy facilities and noncommercial
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 noncommercial wind energy facility shall be eliminated and
the site shall be restored to its natural condition to the extent
feasible.
(2)
Public nuisance: Every unsafe noncommercial wind energy facility
and every inoperable noncommercial wind energy facility is hereby
declared a public nuisance which shall be subject to abatement by
repair, rehabilitation, demolition, or removal. An inoperable noncommercial
wind energy facility 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.
(3)
Inoperable, defined: A noncommercial wind energy facility shall
be deemed inoperable if it has not generated power within the preceding
six months.
Q.
Interconnection and electrical distribution facilities. The applicant
shall adhere to the following:
(1)
Facility standards: All interconnection facilities shall be
constructed to the specifications of the utility.
(2)
Interconnection standards: Interconnection shall conform to
procedures and standards established by the Federal Regulatory Commission
and the New York State Public Service Commission, as applicable.
R.
Erosion control. The applicant shall adhere to the following:
(1)
Erosion control plan required: Before the Town of Newfane shall
issue a grading or building permit for the noncommercial wind energy
facility, 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.
S.
Certification. The applicant is required to provide the following
certifications:
(1)
Certification of structural components: The foundation, tower
and compatibility of the 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)
Certification of electrical system: 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.
(3)
Certification or rotor overspeed control: 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.
T.
General compliance process.
(1)
During construction, the Town of Newfane Code Enforcement Officer
can issue a stop order at any time for any violations of the permit.
(2)
Post-construction. 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 any complaint from the Town of Newfane Code Enforcement
Officer, the permit holder/contact person shall have seven working
days to reply to the Town in writing.
U.
Final inspection conducted by Code Enforcement Officer in conjunction
with the Town Engineer to ensure compliance with all manufacturers'
specifications and the New York State Uniform Construction Code.
A.
Application fee. Applicant shall pay all costs associated with the
Town of Newfane's review and processing of the application. Applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board. The Town of Newfane 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.
Development of a noncommercial wind energy conversion system shall
be subject to assessment by the Town of Newfane.
In order to grant a noncommercial wind energy facility permit,
the Town of Newfane shall review the application; all filings by any
other party; and conduct a public hearing. A noncommercial wind energy
facility permit shall not be granted unless the Town of Newfane makes
the following findings based on substantial evidence:
A.
Consistent with the Comprehensive Plan: the proposed noncommercial
wind energy facility project is consistent with the Comprehensive
Plan of the Town of Newfane.
B.
Will not unreasonably interfere with the orderly land use and development
plans: the proposed noncommercial wind energy facility will not unreasonably
interfere with the land use and development plans of the Town of Newfane.
C.
Not detrimental to the public health, safety and general welfare
of the community: the proposed noncommercial wind energy facility
will not be detrimental to the public health, safety or general welfare
of the community.
A.
The Planning 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 the tower.
B.
The special use permit shall not be assignable or transferable.
Any changes or alterations post-construction 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.
