[HISTORY: Adopted by the Town Board of the
Town of Holland 3-11-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
A.
The purpose of these regulations for utility-scale
wind energy conversion systems (WECS) is to ensure that development
of these facilities will have a minimal impact on adjacent properties
and to protect the health, safety and welfare of residents of the
Town.
B.
The Town of Holland recognizes that wind energy is
an abundant, renewable and nonpolluting energy resource of the Town
and that its conversion to electricity will reduce dependence on nonrenewable
energy resources and decrease air and water pollution that results
from the use of conventional energy sources.
As used in this chapter, the following terms
shall have the meanings indicated:
When referring to a tower or other structure, the height
shall be measured from existing or natural grade, whichever is lower,
to the highest point on the tower or other structure, including the
base pad and any antenna. The height of a WECS shall be measured from
such grade to the apex of the blade in the vertical position.
The physical location of a WECS, including the related tower
and transmission equipment.
A wind energy conversion system consisting of one wind turbine
that is incidental and subordinate to another use on the same parcel
and that supplies electrical power solely for on-site use, except
that when a parcel on which a small-scale WECS is installed also receives
electrical power supplied by a utility company, excess electrical
power generated by the small-scale WECS, and not presently needed
for on-site use, may be used by the utility company in exchange for
a reduction in the cost of electrical power supplied by that company
to the parcel for on-site use, as long as no net revenue is produced
by such excess electrical power.
The largest area of the WECS which extracts energy from the
wind stream. In a conventional propeller-type WECS, there is a direct
relationship between swept area and the rotor diameter.
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.
A wind energy conversion system that is intended solely to
generate electrical power for sale to the power grid.
Any mechanism designed for the purpose of converting wind
energy into electrical energy. A WECS may include one or more wind
turbines, towers, associated control or conversion electronics, transformers
and/or other maintenance or control facilities or other components
used in the system. A WECS may be either a utility-scale wind energy
conversion system or a small-scale wind energy conversion system.
Any wind energy conversion system or wind measurement tower,
including related infrastructure, electrical lines and substations,
access roads and accessory structures.
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.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
Land use tables referenced herein shall include
utility-scale wind energy conversion systems in the R-A District requiring
a special use permit.
Height shall be in compliance with all fall zone limitations set forth in Chapter 120, Zoning.
A.
Prior to construction of any utility-scale WECS, the
project proponent shall first obtain a special use permit and site
plan approval from the Town of Holland Town Board and a building permit
from the Town Building Safety Inspector/Zoning Enforcement Officer.
A detailed host agreement must also be submitted.
B.
Initial application materials. All applications for
a utility-scale WECS shall include the following information:
(1)
Name and address of the applicant.
(2)
Evidence that the applicant is the owner of the 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 of the tower(s) on the site and the
tower height, including blades, rotor diameter and ground clearance.
(b)
Utility lines, both aboveground and below-ground,
within a radius equal to the proposed tower height, including the
blades. Utility lines currently in place must be shown in the site
plan.
(c)
Property lot lines and the location and dimensions
of all existing structures and uses on the site within 1,000 feet
of the wind energy conversion systems.
(d)
Surrounding land uses and all off-site structures
within 1,000 feet, or 2.25 times the tower height, whichever is greater,
of the wind energy conversion systems.
(e)
Description of the various structural components
of the tower construction, including the base and footing.
(f)
Existing topography.
(g)
Proposed plan for grading and removal of natural
vegetation.
(4)
A utility-scale WECS shall be treated as a Type I
action under the State Environmental Quality Review Act and shall
require the use of a full environmental assessment form.
(5)
Notification of application for WECS to neighbors
residing within 2,500 feet of the proposed location. Such notification
must be made by certified mail or hand delivered with the signature
of the resident.
(6)
Such additional information as may be reasonably required
by the Town Engineer, Town Board and Planning Board for an adequate
assessment of the proposed project.
C.
Studies and information required prior to decision
on the application.
(1)
After a review of the environmental assessment form
and the proposed project, the Town Board, with recommendation from
the Planning Board, shall provide direction to the applicant on the
methodology and parameters of the studies to be provided below:
(a)
Proposed plan for site restoration after construction,
prepared according to New York State Department of Agriculture and
Markets and New York State Department of Environmental Conservation
guidelines.
(b)
Plan for ingress and egress to the proposed
project site, including:
[1]
A description of the access route from the nearest
state-, county- and/or Town-maintained roads.
[2]
Road surface material, stating the type and
amount of surface cover.
[3]
Width of a minimum of 30 feet and length of
access route.
[4]
Dust control procedures during construction
and transportation.
[5]
A road maintenance schedule or program.
(c)
Detailed construction plan, including but not
limited to a construction schedule, hours of operation, a designation
of heavy haul routes, a list of material equipment and loads to be
transported; identification of temporary facilities intended to be
constructed and a contact representative in the field with a name
and phone number.
(d)
Erosion and sediment control plan. [A stormwater
pollution prevention plan (SWPPP) will meet this requirement.]
(e)
Specific information on the type, size, height,
rotor material, rated power output, performance, safety and noise
characteristics of each utility-scale wind turbine model, each tower
and electrical transmission equipment.
(f)
Photographs and detailed drawings of each wind
turbine model, including the tower and foundation.
(g)
Visual assessment, including a detailed or photographic
simulation showing the site fully developed with all proposed wind
turbines and accessory structures. The Town Board, with recommendation
from the Planning Board shall determine which viewpoints the visual
assessment shall include.
(h)
Noise analysis. A noise analysis 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 and the tonal
and frequency characteristics expected. The noise report shall include
low frequency, infrasound, pure tone and repetitive/impulsive sound.
[2]
A description and map of the noise-sensitive
environment, including any sensitive noise receptors, i.e., residences,
hospitals, libraries, schools, places of worship and similar facilities,
within 1,000 feet, or 2.25 times the height, of the proposed facilities.
[3]
A survey and report prepared by a qualified
professional that analyzes the preexisting ambient sound level (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 relative to wind
direction and analyses at affected sensitive noise receptors located
within 1,500 feet of the turbine, as identified by the Town Board,
with recommendation from the Planning Board.
[4]
A description and map showing the potential
noise impacts, including estimates of expected noise impacts from
both construction and operation and estimates of expected noise levels
at sensitive receptor locations.
[5]
A description of the project's proposed noise-control
features, including specific measures proposed to protect workers
and specific measures proposed to mitigate noise impacts for sensitive
receptors, consistent with the requirements of this chapter.
[6]
Manufacturers' noise-design and field-testing
data, both audible [dB(A)], and low frequency (deep bass vibration),
for all proposed structures.
(i)
A geotechnical report shall be furnished which
shall, at a minimum, include the following:
[1]
Soil and geologic characteristics of the site,
based on on-site sampling and testing, to provide an assessment of
the soil suitability for construction of the proposed WECS.
[2]
Foundation design criteria for all proposed
structures.
[3]
Slope stability analysis.
[4]
Grading criteria for ground preparation, cuts
and fills and soil compaction.
(j)
Engineer's report.
[1]
Engineer's report, prepared by a professional
engineer licensed in New York State, which provides information regarding
the following potential risks:
[a]
Ice-throw calculations: a report
that calculates the maximum distance that ice from the turbine blades
could be thrown and the potential risk assessment for inhabitants
and structures. The basis of the calculation and all assumptions must
be disclosed.
[b]
Blade-throw calculations: a report
that calculates the maximum distance that pieces of the turbine blades
could be thrown and the potential risk assessment for inhabitants
and structures. The basis of the calculation and all assumptions must
be disclosed.
[c]
Catastrophic tower failure: A report
from the turbine manufacturer stating the wind speed and conditions
that the turbine is designed to withstand and the potential risk assessment
for inhabitants and structures, including all assumptions.
[d]
Certification by a registered New
York State professional engineer that the tower's design is sufficient
to withstand wind-loading requirements for structures or as established
by the New York State Building Code.
[2]
The results of the engineer's report shall be
used to determine the adequacy of setbacks from the property line
to mitigate any effects from potential ice throw, tower failure, or
blade throw.
(k)
Lighting plan. The applicant shall submit a
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 does not spill over
onto neighboring properties.
(l)
Shadow flicker study. The applicant shall conduct
a study on potential shadow flicker. The study shall identify locations
where shadow flicker may be caused by the WECS and the expected durations
of the flicker at these locations. The study shall identify areas
where shadow flicker may interfere with residences and describe measures
that shall be taken to eliminate or mitigate the problem.
(m)
Study of potential impacts to birds and bats
using methodology approved by the New York State Department of Conservation
or another agency acceptable to the Town Board, with recommendation
from the Planning Board.
(n)
Decommissioning and site restoration plan and
decommissioning bond plan.
(o)
FAA notification: a copy of written notification
to the Federal Aviation Administration.
(p)
Utility notification: utility interconnection
data and a copy of a written notification to the utility of the proposed
interconnection.
(q)
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.
(r)
Other information: such additional information
as may be reasonably required by the Town Engineer, Town Board and
Planning Board for an adequate assessment of the proposed project.
(2)
The Town Board, with recommendation from the Planning
Board may determine that not all of these application materials are
necessary for a particular proposed project.
D.
State environmental quality review (SEQR). Pursuant
to Section 617.13 of New York State Environmental Quality Review Regulations,
the Town may hire consultants to assist the Planning Board in its
review of the potential impacts of a proposed project and the assessment
of impacts provided by the applicant. The Town will charge the applicant
for the cost of such consultant to the extent allowed in Section 617.13.
A.
The Town Board, with recommendation from the Planning
Board, shall use the following criteria to evaluate all utility-scale
wind energy conversion systems:
(1)
Setbacks. All utility-scale WECS shall comply with
the following setbacks:
(a)
All wind turbines and towers shall be set back
from property lines a minimum of 1.5 times the height of the structure,
including to the tip of the blade, excluding adjoining lot lines where
both lots are part of the proposed project.
(b)
All wind turbines and towers shall be set back
a minimum of 2,500 feet from the boundaries of any R-1 and/or R-2
Zoning District.
(c)
All wind turbines and towers shall be set back
a minimum of 1,000 feet, or 2.25 times the tower height, whichever
is greater, from any residence that exists at the time that an application
for a WECS is made to the Town. For purposes of this subsection, a
residence shall be considered to be in existence if a building permit
for such structure has been issued by the Town's Building Safety Inspector/Zoning
Enforcement Officer, even if construction is not yet completed and
the residence is not yet occupied.
(d)
All wind turbines and towers shall be set back
from all structures and buildings, other than residences, that are
in existence at the time of the application, or for which a building
permit has been issued, a minimum of 1.5 times the height of the tower,
including to the tip of the blade. The Town Board, with recommendation
from the Planning Board, may, at its discretion, exempt minor structures
such as walls, fences, toolsheds and similar minor structures from
this setback requirement.
(e)
All wind turbines and towers shall be set back
from any public road right-of-way a minimum of 1.5 times the height
of the structure, including to the tip of the blade.
(2)
Noise. A utility-scale WECS shall not be approved unless the applicant demonstrates that the proposed project complies with the following noise requirements. In order to enable the Town Board, with recommendation from the Planning Board, to make this determination, the applicant shall submit the noise assessment required in § 118-5C(1)(h).
(a)
Audible noise standards.
[1]
Audible noise due to wind turbine operations
shall not exceed 45 dB(A) for more than five minutes out of any one-hour
time period or exceed 50 dB(A) for any time period at the boundary
of the proposed project site.
[2]
The sound level from the operation of a utility-scale
WECS shall not increase, by more than three dB(A), the nighttime or
daytime ambient sound level at any sensitive noise receptors, i.e.,
residences, hospitals, libraries, schools, places of worship and similar
facilities, within 2,500 feet of the turbine and/or at other sensitive
receptor points that may be identified by the Town Board with recommendation
from the Planning Board.
(b)
Low-frequency noise. A utility-scale 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.
(c)
Noise setbacks. The Town Board, with recommendation
from 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.
(d)
Within one year of commencement of commercial
operation, the project proponent shall submit a noise study of operational
conditions to ensure that the project is in compliance with the standards
of this section. The study shall be based on receptor points identified
during the application review process. In addition to this noise study,
the Town Board, with recommendation from the Planning Board, may require
periodic additional noise studies.
(3)
Noise and setback easements. In the event that a utility-scale
WECS does not meet a setback requirement or exceeds the noise criteria
of this chapter, the Town Board, with written recommendation from
the Planning Board, may grant a waiver of the setback and/or noise
criteria, subject to the following requirements: [Amended 6-10-2009
by L.L. No. 3-2009]
(a)
Each application shall be accompanied by proof of service of notice of the requested permit and waiver upon all the landowners immediately adjacent to the subject premises, extending 500 feet therefrom in all directions, stating that the noise and/or setback limitations contained in Chapter 120, Zoning, of the Code of the Town, may exceed the maximum limits otherwise allowed.
(b)
In the form required for an easement, the waiver
in regard to the setback shall be recorded in the Erie County Clerk's
Office describing the benefitted and burdened properties in order
to advise subsequent owners of the burdened properties of such waiver.
Such easement shall be permanent and may not be amended or revoked
without the consent of the Town Board, with the recommendation from
the Planning Board, which waiver and consent shall be granted upon
either the completion of the decommissioning of the benefitted WECS
in accordance with this chapter or the acquisition of the burdened
parcel by the owner of the benefitted parcel or the WECS.
(4)
Interference with television, microwave and radio
reception. The applicant must submit information that the proposed
construction of the utility-scale WECS will not cause interference
with microwave transmissions, cellular transmissions, residential
television 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.
(5)
Interference with aviation navigational systems.
(a)
The applicant shall provide documentation that
the proposed WECS will not cause interference with the operation of
any aviation facility.
(b)
The applicant shall provide documentation that
the proposed WECS complies with all Federal Aviation Administration
(FAA) regulations.
(c)
Locking mechanisms to limit radar interference
required. All utility-scale WECS shall include a locking mechanism
which prevents the blades from rotating when not producing power,
in order to limit airport radar interference. This provision does
not apply while the WECS is free-wheeling during start-up and shutdown.
The Town Board, with recommendation from the Planning Board, may modify
or eliminate the requirement for a locking mechanism if sufficient
evidence is presented that no significant airport radar interference
will be caused by the utility-scale WECS.
(6)
Safety and security requirements.
(a)
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. 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)
Grounding. All structures shall be grounded
according to applicable electrical codes.
(c)
Wiring. All wiring between the wind turbines
and the wind energy facility substation shall be placed underground
unless the Town Board, with recommendation from the Planning Board,
determines that this is not prudent or practicable due to site-specific
constraints. 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.
(d)
Ground clearance. The blade tip of any wind
turbine shall, at its lowest point, have ground clearance of not less
than 30 feet.
(e)
Climbability. Wind turbine towers shall not
be climbable up to 25 feet above ground level.
(f)
Access doors locked. 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.
(g)
Signage. Appropriate warning signage shall be
placed on wind turbine towers, electrical equipment and wind energy
facility entrances. Signage shall also include two twenty-four-hour
emergency contact numbers of the owner of the wind turbine in accordance
with local, state and federal codes.
(7)
Ice throw. The Town Board, with recommendation from
the Planning Board, shall determine the acceptable ice-throw range
based on the activities in the area, location and calculations of
the ice throw.
(8)
Fire hazard protection. 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:
(a)
Fireproof or fire-resistant building materials.
(b)
Buffers or fire-retardant landscaping.
(c)
Availability of water.
(d)
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.
(e)
Provision of training and fire-fighting equipment
for local fire-protection personnel and/or other emergency responders.
(9)
Impact on wildlife species and habitat. Development
and operation of a utility-scale 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 as identified in the Town of Holland Master Plan and/or the
studies and plans of other regional agencies, based on criteria established
by the federal or state regulatory agencies, as determined by the
Town Board with recommendation from the Planning Board during SEQRA
review. The impact of a utility-scale WECS on migratory birds and
bats shall be evaluated and mitigated based on SEQRA findings.
(10)
Visual impact.
(a)
No advertising sign or logo shall be placed
or painted on any part of any utility-scale WECS.
(b)
Wind turbines shall be painted an unobtrusive
(e.g., such as white, gray or beige) color that is nonreflective.
In order to reduce any daytime lighting requirements by the FAA, the
Town Board, with recommendation from the Planning Board, may require
consultation with the FAA to determine an appropriate color for the
structures.
(c)
Where more than one wind turbine is proposed,
the project shall use wind turbines whose appearance is similar, throughout
the project, to provide reasonable uniformity in terms of overall
size, geometry and rotational speed.
(d)
Unless required by the FAA or by the Town Board
with recommendation from the Planning Board, no lighting shall be
installed on the WECS turbine or tower except for ground-level security
lighting.
(11)
Shadow flicker. The WECS shall be designed such
that the project shall minimize shadow flicker onto adjacent existing
residences. Mitigation measures, which may include landscaping, shall
be incorporated into any special use permit approval. The required
shadow flicker study shall identify areas where shadow flicker may
interfere with residences and describe measures that shall be taken
to eliminate or minimize the problem.
A.
The applicant shall submit a decommissioning and site
restoration plan, including cost estimate, to the Town Board, with
recommendation from the Planning Board, for its review and approval
prior to the approval of any special use permit. 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 3.5 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 utility-scale WECS. 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. The decommissioning plan shall include
information regarding the anticipated life of the project. Any variation
from the submitted decommissioning plan must be approved by the Town
Board, with recommendation from the Planning Board.
B.
As a condition of special use permit approval, the
Town Board, with recommendation from the Planning Board, shall require
the project sponsor to execute and file with the Town Clerk a bond,
or other form of security acceptable to the Town Board and Town Attorney
as to the form, content and manner of execution, in an amount sufficient
to ensure the faithful performance of the removal of the tower, wind
turbine and other components of the WECS and the restoration of the
site subsequent to such removal, in accordance with the approved decommissioning
and site restoration plan.
C.
The sufficiency of such bond shall be confirmed at
least every five years by an analysis and report of the cost of removal
and site restoration, such report to be prepared by a New York State
licensed engineer. The project sponsor/operator shall pay the cost
of such report. If said analysis and report determines that the amount
of the bond in force is insufficient to cover the removal, disposal
and site restoration costs, the bond shall be increased to the amount
necessary to cover such costs within 10 days of the applicant's receipt
of such report. The report and increased amount of the bond shall
be filed with the Town Clerk.
D.
All bond requirements shall be fully funded before
a building permit is issued.
E.
The decommissioning and site restoration bond shall
be in effect for the entire duration of the special use permit.
F.
The applicant and his/her successors or assigns in
interest shall maintain the required bond funds for the duration of
the special use permit.
A.
Construction of a WECS poses potential risks because
of the large size of construction and transport (delivery) vehicles
and their impact on traffic safety and their physical impact on local
roads. Construction and delivery vehicles shall use traffic routes
established as part of the application review process. Factors in
establishing such corridors shall include minimizing traffic impacts
from construction and delivery vehicles, minimizing WECS-related traffic
during times of school bus activity, minimizing wear and tear on local
roads and minimizing impacts on local business operations. Permit
conditions may limit WECS-related traffic to specified routes and
include a plan for disseminating traffic route information to the
public.
B.
The applicant is responsible for remediation of damage
to public roads caused by WECS-related traffic, after completion of
the installation of the WECS. To ensure that this remediation occurs,
prior to the issuance of a building permit, the project sponsor shall
post a public improvement bond in an amount, as determined by the
Town Board, Highway Superintendent and Town Engineer, sufficient to
repair any damage that occurs to Town roads during the construction
phase of the project and up to six months following the construction
phase. The Town Attorney shall approve the form of the bond.
C.
In the event that any post-construction maintenance
or replacement of components, which could affect Town roads, is necessary,
the project owner/operator shall notify the Town, and a new bond for
any potential damage to Town roads shall be posted.
The applicant shall provide the following certifications:
A.
Certification of structural components. 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 building
code that has been adopted in New York State. This shall be provided
prior to the issuance of the special use permit.
B.
Certification post-construction. After completion
of construction of the WECS, the applicant shall provide post-construction
certification from a licensed professional engineer registered in
New York State that the project complies with applicable codes and
industry practices and has been completed according to the design
plans. This certification shall be provided to the Building Safety
Inspector/Zoning Enforcement Officer and Town Engineer and shall be
maintained in a permanent file.
C.
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 electric code
that has been adopted by New York State. This shall be provided prior
to the issuance of the special use permit.
D.
Certification of 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. This shall be provided
prior to the issuance of the special use permit.
E.
Certification of seismic design. The applicant shall
provide post-construction certification from a licensed professional
engineer registered in New York State that the design and construction
protects against anticipated seismic hazards.
A.
Prior to the issuance of a building permit, the project
sponsor shall provide proof, in the form of a duplicate insurance
policy or a certificate issued by an insurance company, that liability
insurance has been obtained to cover damage or injury which might
result from failure of the tower, turbine or other component of the
WECS. Such policy shall provide coverage of not less than $5,000,000
and shall name the Town of Holland as co-insured. The sponsor shall
provide the Town annually with proof of continuing coverage in compliance
with this requirement.
B.
Liability insurance shall be carried for the life
of the project through decommissioning. Proof of liability insurance
shall be filed annually with the Town Clerk. Such policy shall provide
coverage of not less than $5,000,000 and shall name the Town of Holland
as co-insured. The sponsor shall provide the Town annually with proof
of continuing coverage in compliance with this requirement.
A.
If the ownership of the WECS facility changes, the
new owner shall present proof to the Town Clerk that all the required
bonds and insurance policies remain in full force and effect. The
new owner shall provide a written statement that he/she is aware of
the conditions and requirements of the special use permit which continue
to govern the operation of the facility.
B.
In order to ensure compliance with this provision,
the person/company to whom the special use permit is originally issued,
and subsequent owners, shall provide notification to the Town Clerk
90 days prior to the change of ownership.
Unless waived by the Town Board, with recommendation
from the Planning Board, wind turbines or towers over 150 feet in
height shall be inspected by a New York State licensed professional
engineer, who has been approved by the Town, annually or at any other
time upon a determination by the Town's Building Safety Inspector/Zoning
Enforcement Officer and Town Engineer that the wind turbine, tower
or pole may have sustained structural damage. A copy of the inspection
report shall be submitted to the Town's Building Safety Inspector/Zoning
Enforcement Officer. Any fee or expense associated with this inspection
shall be borne entirely by the permit holder.
A.
A WECS shall be maintained in operational condition
at all times, subject to reasonable maintenance and repair outages.
"Operational condition" includes meeting all noise requirements, all
other standards and requirements of this chapter and other permit
conditions.
B.
Should a WECS become inoperative, or should any part
of the WECS be damaged or become unsafe or should a WECS violate a
permit condition or violate a standard or requirement of this chapter,
the owner/operator shall remedy the situation within 90 days after
written notice from the Building Safety Inspector/Zoning Enforcement
Officer. The Building Safety Inspector/Zoning Enforcement Officer
or Town Board may extend this period by another ninety-day period
for a total period not to exceed 180 days.
C.
Upon notice from the Building Safety Inspector/Zoning Enforcement Officer or Town Board that the WECS is not repaired or made operational or brought into permit compliance after said notice pursuant to § 118-13B above, the Town Board shall hold a public hearing at which both the public and the owner/operator are given the opportunity to be heard and present evidence, including a plan to come into compliance. Following the close of the public hearing, the Town Board may either:
A.
Nonfunctional and/or inoperative WECS defined.
(1)
If any utility-scale WECS remains nonfunctional or
inoperative for a continuous period of one year, the permittee shall
remove the WECS at his/her own expense and restore the site, in accordance
with the approved decommissioning and site restoration plan. A utility-scale
WECS shall be deemed nonfunctional and/or inoperative if it has not
generated power within the preceding twelve months.
(2)
The Building Safety Inspector/Zoning Enforcement Officer
requires that the applicant quarterly submit documentation reporting
the power output generated by each WECS.
B.
Use of decommissioning bond.
(1)
Any nonfunctional or inoperative WECS, or any WECS
for which the special use permit has been revoked, shall be removed
from the site, and the site restored in accordance with the approved
decommissioning and site restoration plan, within 90 days of the date
on which the facility becomes nonfunctional or inoperative, as defined
above, or of the revocation of the special use permit.
(2)
If removal of the WECS is required and the applicant,
permittee or successor fails to remove the WECS and restore the site
in accordance with the approved decommissioning and site restoration
plan, the Town Board may contract for such removal and restoration
and pay for the removal and restoration from the posted decommissioning
and site restoration bond.
(3)
If the bond is not sufficient, the Town shall charge
the permit holder for the costs over and above the amount of the bond.
All fees shall be determined by the Town Board.
Nothing in this chapter shall be read as limiting the ability of the
Town to enter into host community agreements with any applicant to
compensate the Town for expenses or impacts on the community. The
Town shall require any applicant to enter into an escrow agreement
to pay the engineering and legal costs of any application review,
including the review required by SEQRA.
A.
The Planning Board may recommend to the Town Board
to 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.
B.
Prior to issuing a special use permit for a utility-scale
WECS, the Planning Board shall make all of the following findings:
(1)
The proposed utility-scale WECS project is consistent
with the Town of Holland Code.
(2)
The proposed utility-scale WECS project will not unreasonably
interfere with the orderly land use and development plans of the Town
of Holland.
(3)
That the benefits to the applicant and the public
of the proposed utility-scale WECS project will exceed any burdens
to the Town and residents therein.
(4)
That the proposed utility-scale WECS project will
not be detrimental to the public health, safety or welfare of the
community.
(5)
That the proposed utility-scale WECS project complies
with all required provisions of the Town's Zoning Ordinance[1] or will comply with those requirements based on conditions
that may be attached to any approval, unless variances have been properly
granted by the Town of Holland Zoning Board of Appeals.
Any changes or alterations to the WECS, after
approval of the special use permit and site plan, shall require an
amendment to the special use permit. Such amendment shall be subject
to all the requirements of this chapter.
The Town of Holland reserves the right, by local
law, to provide that no exemption pursuant to the provisions of the
New York State Real Property Tax Law (RPTL) § 487 shall
be applicable within its jurisdiction.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person violating any of the provisions of this chapter shall
be, upon conviction thereof, punished by a fine not to exceed $250
for each offense or by imprisonment for a period of not more than
15 days, or by both such fine and imprisonment. The imposition of
all penalties for any violation of this chapter shall not excuse the
violation or permit it to continue. The application of the above penalty
or penalties or the prosecution of the violation of the provisions
of this chapter shall not be held to prevent the enforced removal
of conditions prohibited by this chapter or the taking of such other
action as may be authorized by law.
