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Town of Parma, NY
Monroe County
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[HISTORY: Adopted by the Town Board of the Town of Parma 12-5-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
The intent of this chapter is to regulate the design, approval, placement and access to wind energy conversion systems, herein referred to as "WECS."
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
WECS
Any mechanism designed for the purpose of converting wind energy into electrical or mechanical power.
B. 
Plans.
(1) 
Each application for a permit shall be accompanied by an accurate site plan containing the following information prepared by a professional land surveyor or professional engineer registered to practice in New York State:
(a) 
Property lot lines.
(b) 
Proposed location of the WECS unit on the site.
(c) 
Location of all existing structures on site.
(d) 
Aboveground utility lines.
(2) 
The application shall also include the following information:
(a) 
A dimensional representation of the various structural components, including the conversion system, supporting structure or tower, guy wires, if any, base and footings.
(b) 
Design data which shall indicate basis of design, including manufacturer's dimensional drawings, installation, backup braking system and operation instructions.
(c) 
Certification by a professional engineer registered to practice in New York State, or a manufacturer's certification, that the design of the supporting structure or tower is sufficient to withstand wind load requirements as set forth in the New York State Uniform Fire Prevention and Building Code, and any other stresses imposed by the conversion unit placed upon the structure.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Setback requirements. The setback requirement will be based on the type of WECS being installed. The following criteria will be used:
(1) 
Commercial units (at least 25 units installed and operating safely two years or more). The minimum setback distance between the property line, overhead utility lines, any dwelling or another WECS shall be equal to the proposed structure height plus the radius of the rotor for horizontal axis machines.
(2) 
Experimental, home built or prototype WECS units. The Northeast Solar Energy Center, Maximum Probable Blade Throw Distance in Event of Failure Graph will be used to determine the setback requirement.[2]
[2]
Editor's Note: The graph is included at the end of this chapter.
D. 
Tower access. Climbing access to the WECS tower shall be restricted by beginning climbing pegs or apparatus at 10 feet minimum above ground surface.
E. 
Noise. A WECS shall not produce a noise level at any lot line greater than the ambient nighttime level in the area.
F. 
Broadcast interference. A WECS shall not interfere with the broadcast and/or reception of radio, television or other communication signals.
G. 
Common system. Contiguous resident property owners may construct a wind energy conversion system for their use in common. If property held by more than one single owner is used to meet setback requirements, a site plan establishing easements or reserved area must be submitted to the Planning Board for its approval. The common property owners must appoint one owner to be the spokesman and agent authorized to act for the group.
H. 
Interconnect. The WECS, if interconnected to an electrical utility distribution system, shall meet the interconnect requirements of the electric utility company to which it is connected.
I. 
Maximum height. The total height of the structure shall not exceed 120 feet, as measured from the highest point of the arc of the blades to the ground level at the base, unless otherwise prohibited by any state or federal statutes or restrictions.
[Amended 12-12-1985]
J. 
Minimum blade height. The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet, as measured radially from the point of the arc of the blades, to the ground.
A. 
Site plan approval by the Town of Parma Planning Board will be required prior to the issuance of a building permit.
B. 
Upon approval by the Planning Board, an application shall be made in the usual manner to the Building Department for a building permit. The application shall be accompanied by the plans and specifications required by that Department for permit review and issuance.
A. 
The Code Enforcement Officer, Electrical Inspector and any other duly authorized agent of the town shall be allowed to enter on the property and make such inspections as deemed necessary during the construction and assembly of the WECS.
B. 
Following construction, the administration charged with enforcement of this chapter or a registered professional engineer retained by the town shall have the right at any reasonable time to enter in the company of the owner or his agent the premises on which the WECS has been constructed to inspect all parts of its tower and installation. They can require that repairs or alterations be made if, in their judgment, there exists a deficiency in the structural stability of said tower.
Permit and inspection fees shall be established by the Town Board pursuant to § 165-132 of Chapter 165, Zoning, of the Code of the Town of Parma.
Each violation of this chapter shall be punishable by a fine not exceeding $250 for each offense or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).