The intent of this chapter is to promote and protect the public
health, safety, welfare, and aesthetics of the Town of Conesus by
regulating the installation of windmills and energy-creating devices.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
DECIBEL (dB)
A unit for measuring the volume of a sound, as determined
by a sound testing instrument. The NYS Vehicle and Traffic Law sets
unacceptable noise levels at between 72 dB and 90 dB.
EAF
The environmental assessment form as defined in 6 NYCRR Part
617.
NEMR (NONIONIC ELECTROMAGNETIC RADIATION)
Electromagnetic wave energy that does not produce ion reactions.
Electromagnetic radiation exhibits wave-like properties such as reflection,
refraction, diffraction, and interference, but also exhibits particle-like
properties in that its energy occurs in discrete packets, or quanta.
Though all types of electromagnetic radiation travel at the same speed,
they vary in frequency and wavelength, and interact with matter differently.
Nonionic electromagnetic radiation is energy waves produced by the
oscillation or acceleration of an electric charge. Electromagnetic
radiation can be classified into ionizing radiation and nonionizing
radiation, based on whether it is capable of ionizing atoms and breaking
chemical bonds. Nonionizing radiation is not capable of having effects
on molecules. There are three major potential hazards associated with
nonionizing electromagnetic radiation. They are: electrical, fire,
and biological. Each is listed below for clarity:
A.
ELECTRICAL HAZARDStrong electromagnetic fields can generate an electric current in other metal objects by electromagnetic induction. The induced current can cause an electric shock to persons or animals. It can also overload and destroy electrical equipment. This can be a particular hazard in the vicinity of explosives, since an electrical overload might ignite it.
B.
FIRE HAZARDBy electromagnetic induction a strong electromagnetic field can cause electric currents which may flow across an air gap to ground, causing sparks. These sparks can then ignite flammable materials or gases, possibly leading to an explosion or a fire.
C.
BIOLOGICAL HAZARDMain biological effect is to cause heating. For example, touching an antenna while a transmitter is in operation can cause severe burns. This heating effect varies with the frequency. Each frequency in the electromagnetic spectrum is absorbed by living tissue at a different rate, called the specific absorption rate (SAR), which has units of watts per kilogram (W/kg). There are established safety limits for exposure to various frequencies of electromagnetic energy based on SAR.
WINDMILL
A device that converts the kinetic energy of the wind by
the use of a set of rotating blades and is usually elevated from ground
level on a tower into electrical or mechanical power.
WINDMILL, COMMERCIAL
A windmill that provides electrical or mechanical power to
an individual home occupation, farm, or other single commercial enterprise,
and can be either the primary or secondary source of energy. Sale
or credit of excess electricity to the utility grid is permitted as
a tertiary use.
WINDMILL, HEIGHT
The total height of a structure, including blades at extreme
vertical position.
WINDMILL, INDUSTRIAL
A windmill or series of windmills in a facility, whose primary
purpose is to generate electricity that is fed into a power grid for
sale.
WINDMILL, RESIDENTIAL
A windmill that provides electrical or mechanical power to
an individual residence and can be either the primary or secondary
source of energy. Sale or credit of excess electricity to the utility
grid is permitted as a tertiary use.
The following uses are permitted in all districts in the Town
of Conesus, subject to the receipt of a special use permit in accordance
with this chapter:
A. Facilities under the direct control and ownership, and used exclusively
by any federal, state, county, or local government agency.
B. Facilities used exclusively for emergency services, such as fire
and ambulance.
Any person, firm or corporation who commits an offense against,
disobeys, neglects or refuses to comply with or resists the enforcement
of any of the provisions of this chapter shall, upon conviction, be
deemed guilty of a violation, punishable by a fine of not less than
$1,000 nor more than $5,000 or by imprisonment not exceeding 30 days,
or both such fine and imprisonment. Each week an offense is continued
shall be deemed a separate violation of this chapter and duly punishable
as such.
If any section, clause or provision of this chapter, or amendment
thereto, or the application thereof to any person or lands is adjudged
to be invalid, the adjudication shall not affect other sections, clauses
or provisions or the application thereof which can be sustained or
given effect without the invalid section, clause or provision or application,
and to this end the various sections, clauses and provisions of this
chapter are declared to be severable.