[HISTORY: Adopted by the Clarkson Town Board 5-11-2010 by L.L. No.
1-2010. Amendments noted where applicable.]
This chapter may be cited as "Local Law No. 1-2010" or "Wind
Energy Facilities Law of the Town of Clarkson."
Based on the recommendations of the Wind Generator Committee,
a committee created by Local Law No. 1-2009, as revised by Local Law
No. 3-2009, the Town Board finds that:
A.
Wind energy is an abundant, renewable, and nonpolluting energy resource
of the Town of Clarkson and its conversion to electricity may reduce
dependence on nonrenewable energy sources and decrease the air and
water pollution that results from the use of conventional energy sources.
B.
The generation of electricity from properly sited wind turbines has
the potential to tie into existing power distribution systems, allowing
for the transmission of electricity from wind generation stations
to utilities or other users, or alternatively may be used to reduce
or eliminate on-site consumption of energy.
C.
Regulation of the siting and installation of wind turbines is necessary
for the purpose of protecting the health, safety, and welfare of neighboring
property owners, the environment, and the general public. Wind energy
conversion systems need to be consistent with the Town of Clarkson
Zoning Code[1] and the Town of Clarkson Comprehensive Plan.
D.
Wind energy conversion systems may represent significant potential
issues because of their size, environmental impacts, and safety effects,
such as lighting/shadow effects, risks to avian species, blade and
ice throw, tower toppling, or communications. The installation of
wind energy conversion systems may change the landscape and appearance
of the Town of Clarkson.
E.
Wind energy conversion systems may present risks to the property
values of adjoining property owners.
The purpose of this chapter is to promote the effective and
efficient use of the Town's wind energy resources through wind energy
conversion systems (WECS), and to regulate the construction, placement,
operation and decommissioning of such systems so that the public health,
safety, and welfare will not be jeopardized.
The Town Board of the Town of Clarkson adopts this chapter under
the authority granted by:
A.
Article IX of the New York State Constitution, § 2(c)(6)
and (10).
B.
New York Statute of Local Governments, § 10, Subdivisions
1, 6, and 7.
C.
New York Municipal Home Rule Law, § 10, Subdivision 1(i)
and (ii) and § 10, Subdivision 1(a)(6), (11), (12), and
(14).
D.
The supersession authority of New York Municipal Home Rule Law, § 10,
Subdivision 2(d)(3).
E.
New York Town Law, Article 16 (Land Use).
F.
New York Town Law § 130, Subdivisions 1 (Building code),
3 (Electrical code), 5 (Fire prevention), 7 (Use of streets and highways),
7-a (Location of driveways), 11 (Peace, good order and safety), 15
(Promotion of public welfare), 15-a (Excavated lands), 16 (Unsafe
buildings), 19 (Trespass), and 25 (Building lines).
G.
New York Town Law § 64, Subdivisions 17-a (Protection of
aesthetic interests) and 23 (General powers).
A.
The following rules of construction of language shall apply to the
text of this chapter:
(1)
Words used in the present tense include the future tense.
(2)
Words used in the singular include the plural, and words used in
the plural include the singular.
(3)
The word "person" includes an individual, firm or corporation.
(4)
The word "shall" is always mandatory; the word "may" is always permissive.
B.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this chapter its most reasonable application.
C.
In cases where words or phrases are not defined in this chapter but
are defined elsewhere in the Clarkson Code, the words or phrases shall
have the meaning set forth elsewhere in the Code.
D.
In the event of a conflict, the definitions in this chapter shall
control.
E.
ALTERNATIVE ENERGY SYSTEMS
APPLICANT, DEVELOPER, OPERATOR or OWNER
AS-BUILT
DEVELOPER
ELECTRONIC AND ELECTRONIC MAGNETIC INTERFERENCE
ESSENTIAL SERVICES AND PUBLIC UTILITIES
FALL ZONE (FOR WIND ENERGY SYSTEMS)
GLOBAL POSITIONING SATELLITE (GPS)
GROUND CLEARANCE
HUB HEIGHT
INDUSTRIAL, WIND ENERGY FACILITY
LICENSED
METEOROLOGICAL TOWERS (MET TOWERS)
NACELLE
NET-METERING
OFF-GRID
OPERATOR
ON-GRID
OVERLAY DISTRICT
OWNER
PILOT PROGRAM (PAYMENT IN LIEU OF TAXES)
SHADOW FLICKER
SOUND PRESSURE LEVEL OR SOUND LEVEL (dBA)
SPECIAL USE PERMIT
STANDARD INTERCONNECTION AGREEMENT
TOTAL HEIGHT OR TIP HEIGHT OR MAXIMUM OVERALL HEIGHT
TOWER
TOWER HEIGHT
TRANSFORMER
TRANSMISSION LINES
VERTICAL AXIS WIND TURBINE (VAWT)
WIND ENERGY CONVERSION SYSTEM (WECS)
(1)
(2)
(3)
WIND ENERGY FACILITY
WIND ENERGY OVERLAY DISTRICT
WIND SITE ASSESSMENT
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)
(b)
(c)
(d)
(4)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
When used in this chapter the following terms shall have the respective
meanings set forth herein, except where the context shows otherwise:
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, or electricity or
other forms of energy on-site and which may be attached to or separate
from the principal structure. Current examples include windmills,
solar collectors and solar green houses, heat pumps or other related
devices.
As used in this chapter, the terms "applicant," "developer,"
"operator" and "owner" may, where appropriate, be interchangeable
and will be interpreted to give the most reasonable and logical application
to the provision(s) containing one or more of these terms.
When construction conditions require changes to contract
drawings, they are so noted and described on final drawings of record.
See "applicant, developer, operator or owner" above.
Interference to satellite towers, microwave transmissions,
cell communication towers and "ghosting" of television reception caused
by electronic reflections of electrical generating facilities.
Erection, construction, operation, or maintenance by municipal
agencies or public utilities of telephone dial equipment centers,
electrical or gas substations, water treatment or storage facilities,
pumping stations and similar facilities, but shall not include telecommunication
facilities as defined herein, and shall not include wind energy facilities
(including infrastructure supporting wind energy facilities), landfills,
waste transfer stations or other facilities with the primary purpose
of handling or disposing of household or industrial waste.
A distance of one-and-a-half times the height of the wind
energy conversion system as measured as a vertical distance from the
preconstruction or post-construction grade, whichever is lower, at
the tower base to the highest point (apex) of the rotor blade.
Satellite placed or monitored by governments, to accurately
reference, electronically, instrument locations on the earth's surface.
The minimum distance between the lowest point of the rotor
blade rotation and ground at the base of a tower.
Center of rotational axis of rotor blades and gearbox (nacelle).
Shall be considered to be the same as large WECS and regulated
as such.
Unless provided otherwise, any reference to a licensed engineer,
licensed surveyor, licensed architect or licensed landscape architect
shall mean that the person is currently licensed for his or her profession
by the State of New York.
Any commercial equipment and tower used to collect atmospheric
data such as temperature and wind speed and direction.
Large enclosure placed at the top of the supporting tower,
housing equipment such as the generator, gearbox, drive train, rotor
blades and hub and braking system.
An exchange of excess electricity between the owner of the
generating facility and the utility company. The utility company may
accept over-generation beyond the owner's needs and allow the metering
system to reverse spin, thereby crediting the producer, under an interconnection
agreement.
Wind system not connected to the power grid.
See "applicant," "developer," "operator" or "owner" above.
Wind system connected to the power grid.
A district that encompasses one or more underlying districts
and that imposes additional requirements above that required by the
underlying district.
See "applicant," "developer," "operator" or "owner" above.
A program implemented as replacement of revenue lost to towns
by the State of New York Tax Exemption Law for renewable energy systems
(Real Property Tax Law § 487).
Effect of sunrays passing the rotating blades of a wind energy
generating system, similar to the effect of strobe lighting.
A logarithmic measurement of sound pressure (sound level)
fluctuation produced by a particular source of sound as compared to
a reference (background) sound pressure level. Sound pressure shall
be expressed in decibels, using A-frequency weighting (dBA), which
is the most commonly used standard in the United States for the measurement
of environmental noise. With human hearing, low- and high-frequency
sounds appear to be less loud. A-weighting (A-frequency weighting)
reduces the level of low- and high-frequencies to produce a reading
that corresponds approximately to what humans hear. The measurement
of sound pressure levels shall be performed in accordance with the
latest revision of International Standards for acoustic noise measurement
techniques for wind turbine generator systems (IEC 61400-11) or other
industry-accepted procedures.
Sometimes referred to elsewhere in the Clarkson Code as a
"special permit."
Agreement between the local producer and the utility company.
The vertical distance from the preconstruction or post-construction
grade, whichever is lower, at the tower base to the highest point
(apex) of the rotor blade.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine, nacelle, generator and other mechanical
and electrical devices are mounted.
The vertical distance from the preconstruction or post-construction
grade, whichever is lower, at the tower base to the center of the
horizontal axis of the rotor blade.
An electrical device used to change voltages.
Conductive lines required in delivering derived power to
the electrical grid.
One or more mechanical devices, such as wind turbines, with
multiple caged blades which are designed and used to convert the kinetic
energy of wind into a usable form of energy. The turbine rotates on
a vertical axis. The VAWT includes all parts of the system except
the tower and transmission equipment.
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation or support, generator, infrastructure, nacelle,
rotor, tower, transformer, turbine, vane, wire, substation, or control
facilities or other components used in the system. The turbine or
windmill may be on a horizontal or vertical axis. A wind energy conversion
system may consist of one or more wind turbines.
LARGE WIND ENERGY CONVERSION SYSTEM (LARGE WECS)A wind energy conversion system (WECS) consisting of one wind turbine, one tower, and associated control or conversion electronics and delivery system which has a total height of greater than 100 feet but no greater than 400 feet.
MEDIUM WIND ENERGY CONVERSION SYSTEM (MEDIUM WECS)A wind energy conversion system (WECS) consisting of one wind turbine, one tower, and associated control or conversion electronics and delivery system which has a total height of greater than 35 feet but no greater than 100 feet.
SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS)A wind energy conversion system consisting of one wind turbine, one tower, and associated control or conversion electronics, which has a total height not to exceed 35 feet.
Size, Classification and Zoning Allowability Matrix
| ||||
---|---|---|---|---|
WEC Size
|
Neighborhood Res. RS-10 Blue
|
Suburban Residential RS-20 Blue
|
Agriculture Preservation RS-20 Green (Proposed)
|
HD Res. Hamlets (all) Comm. Light Indust. Rec. Conserv.
General Indus. All others Historical
|
Small
Up to 35 feet
|
Yes
|
Yes
|
Yes
|
Yes
|
Medium
Greater than 35 feet up to 100 feet
|
No
|
Yes
|
Yes
|
No
|
Large
Greater than 100 feet up to 400 feet
|
No
|
Yes
|
Yes
|
No
|
Any wind energy conversion system, including large systems,
medium systems, small systems or meteorological towers (MET towers),
including all related infrastructure, electrical lines and substations,
access roads, and accessory structures.
A zoning overlay district which encompasses part or parts
of one or more underlying districts and establishes requirements limited
to large wind energy conversion systems.
MET towers. When prior to construction of a WECS or applying
for a Wind Energy Overlay District, an assessment of local wind speeds
and the feasibility of using particular sites is desired, installation
of MET towers shall be permitted upon the Planning Board issuing a
special permit. The standards for the special permit shall be those
set forth in Article VI of the Clarkson Zoning Code.[1]
Applications. An application for a special permit for a MET
tower shall include:
Name, address and 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 an
original signature of the applicant authorizing the representation.
Name, address and telephone number of the 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:
Address of each proposed tower site, including Tax Map section,
block, and lot number.
A site plan.
A decommissioning plan shall include a cash deposit or letter
of credit for removal.
Standards.
Maximum height shall be 200 feet. Should a taller MET tower
be desired, an application to the Zoning Board of Appeals for an area
variance will be required.
The distance between a wind measurement tower and the property
line shall be at least 1.5 times the total height of the tower. Sites
can include more than one parcel and the requirement shall apply to
the combined properties. Exceptions for neighboring property are also
allowed with the consent of those property owners.
Special use permits for wind measurement towers may be issued
for a period of up to 24 months. Permits may be renewed if the facility
is in compliance with the conditions of the special use permit.
Anchor points for any guy wires for a wind measurement tower
shall be located within the property that the system is located on
and not on or across above-ground electric transmission or distribution
lines. The point of attachment for the guy wires shall be sheathed
in bright orange or yellow covering for three feet to eight feet above
the ground.
Application review process.
Applicants may request a preapplication meeting with the Town
Planning Board, or with any consultants retained by the Planning Board
for application review.
Twelve copies of the application shall be submitted to the Planning
Board. Payment of all application fees shall be made at the time of
application submission. If any variances are requested, variance application
fees shall be paid at the time of the receipt of the application.
Town staff or Town-designated consultants shall, within 30 days
of receipt, or within such longer time as agreed to by the applicant,
determine if all information required under this chapter is included
in the application. Unless the Planning Board waives any application
requirement, no application shall be considered until deemed complete.
If the application is deemed incomplete, the Planning Board
or its designated reviewer shall provide the applicant with a written
statement listing the missing information. No refund of application
fees shall be made, but no additional fees shall be required upon
submittal of the additional information unless the number of wind
measurement towers proposed is increased.
Upon submission of a complete application, including the grant
of any application waiver by the Planning Board, the Planning Board
shall hold at least one public hearing on the application.
SEQRA review. Applications for MET towers are hereby declared
to be unlisted projects under SEQRA. The Planning Board may conduct
its SEQRA review in conjunction with other agencies, in which case
the records of review by said communities shall be part of the record
of the Planning Board's proceedings. The Planning Board may require
an escrow agreement for the engineering and legal review of the applications
and any environmental impact statements before commencing its review.
Upon receipt of the report of the recommendation of the County
Planning Board (where applicable), the holding of the public hearing,
and the completion of the SEQRA process, the Planning Board may approve,
approve with conditions, or deny the applications, in accordance with
the standards in this article and Article VI of the Clarkson Zoning
Code.[2]
A.
Creation. The Town Board of the Town of Clarkson hereby adopts the
rules and procedures for creating Wind Energy Overlay Districts to
allow consideration of use of the Town's wind energy resource through
large wind energy conversion systems (large WECS) and to regulate
or prohibit the placement of such systems so that the public health,
safety, and welfare will not be jeopardized.
B.
Wind Energy Overlay District.
(1)
Wind Energy Overlay Districts are permitted only (RS-20), and Agricultural
Preservation and Suburban Residential (SR) proposed by Comprehensive
Plan.
(2)
No Wind Energy Overlay District may be initially created without
specific requests for a WECS.
(3)
Once a Wind Energy Overlay District has been created, new wind energy
conversion systems, accessory structures, or facilities may be added
in that district by the granting of a special use permit as set forth
herein.
C.
Creation of Wind Energy Overlay Districts.
(1)
The process to be followed shall be the same as for the rezoning
of land as set forth elsewhere in the Clarkson Code and in Article
16 of the New York State Town Law.
(2)
If approved, the creation of the overlay district shall be deemed
null and void after two years if no construction takes place within
the two years. For the purpose of this provision the term "construction"
shall not refer to grading, excavating and other general site improvements,
but to the commencement of the construction of the towers and ancillary
equipment including the providing of the financial security therefore.
A.
General.
(1)
No large wind energy conversion system shall be constructed, reconstructed,
modified, or operated in the Town of Clarkson except in compliance
with this section.
(2)
No large wind energy conversion system shall be constructed, reconstructed,
modified, or operated in the Town of Clarkson, except in a Wind Energy
Overlay District.
(3)
The placement, construction, and major modification of all large
wind energy conversion systems (large WECS) within the boundaries
of the Town of Clarkson shall be permitted only by special use permit
issued by the Planning Board.
(4)
Large wind energy conversion systems are permitted only in RS-20
(Proposed Agricultural Preservation [AP], Suburban Residential [RS])
Districts proposed by the Comprehensive Plan.
(5)
The applicant shall pay all costs associated with the Town of Clarkson's
review and processing of each application. The applicant shall submit
a deposit with the application in the amount determined by resolution
by the Town Board. The Town of Clarkson may require the applicant
to enter into an escrow agreement to cover the anticipated engineering
and legal costs of reviewing and processing all applications. This
agreement will include the cost of the review required by SEQRA, creation
of an overlay district, conducting of public hearings and modification
to the Town of Clarkson Comprehensive Plan.
(6)
Prior to the creation of a Wind Energy Overlay District, the Town
Board has the ability to negotiate a payment in lieu of taxes and/or
host community agreement with any applicant to compensate the Town
for expenses or impacts on the community.
(7)
The Town of Clarkson, as permitted by New York State Real Property
Tax Law (RPTL) § 487, Subdivision 8, elects to eliminate
any exemption granted to any wind farm or WECS system constructed
after the effective date of this chapter.
(8)
Prior to the issuance of a building permit, the applicant shall provide
the Town of Clarkson with proof of insurance in a sufficient dollar
amount to cover potential personal and property damage associated
with the construction and operation thereof.
(9)
Prior to the receipt of a building permit the applicant and the utility
shall have a standard interconnection agreement (SIA).
(10)
The applicant is responsible for remediation of dedicated roads
damaged by the construction and maintenance of a wind energy conversion
system. A public improvement bond or other financial security, the
amount thereof to be approved by the Town Board and the bond approved
by the Town Attorney as to form, sufficiency and manner of execution,
shall be posted.
(11)
The Town of Clarkson shall be named as an additional insured
under the general liability policy of the applicant, with an amount
no less than an amount to be determined by the Town Board given the
nature and scope of the project.
(12)
MET tower data is used to evaluate the feasibility of installing
large wind energy conversion systems (large WECS).
B.
Application.
(1)
Applicants shall request a preapplication meeting(s) with the Planning
Board, Building Department, Town Attorney, Town Engineer, and with
any consultants retained by the Town for preliminary application review.
(2)
Upon submittal of an application, the Planning Board shall, within
30 days of receipt, or such longer time if agreed to by the applicant,
determine if all information required under this application is included
in the application. No application shall be acted on by the Planning
Board until the application is deemed complete by the Planning Board.
(3)
An application for a large wind energy conversion system (large WECS)
shall include the following:
(a)
Name, address, and 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 an
original signature of the applicant authorizing the representation.
The application shall include a certified list of individual and corporate
officers of the applicant and their responsibilities to this project.
(b)
Name, address, and telephone number of the 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:
(c)
Proof of ownership of involved properties or long-term leases,
legally executed and filed with the Monroe County Clerk.
(d)
Address or other property identification of each proposed tower
location, including Tax Map section, block and lot number with global
positioning satellite (GPS) location of each proposed wind tower and
related structure.
(e)
A plot plan with a minimum scale of one inch equals 400 feet,
prepared by licensed professional engineer, stamped and dated to include:
[1]
Sufficient copies of the drawing package as determined at the
preapplication meeting.
[2]
North arrow, bar scale and location map.
[3]
Property lines and physical dimensions of the site provided
by a licensed land surveyor.
[4]
Topography by one-foot contours.
[5]
The applicant shall include an existing site plan and proposed
site plan to include all roadways, fields, ponds, lakes, water courses,
wetlands, residences, buildings, structures, historical sites, cemeteries,
bridges or culverts, water wells, sewage systems, crop land and woodland
by lot, block and tax identification number.
[6]
Location of public roads, adjoining properties, schools, hospitals,
and public buildings within 2,500 feet of the boundaries of the proposed
large WECS Site.
[7]
Each large WECS clearly referenced including location and elevation.
(f)
A construction plan sequential by site designation, estimated
dates and duration of construction, displaying access/egress roads
for delivery of construction equipment, staging areas, parking areas
for receiving and off-loading of materials and structural components.
No parking on public roads or streets shall be permitted.
(g)
Documentation of existing road and culvert infrastructure. A
preconstruction survey is to be performed for the purpose of determining
damage and is to be supplied to the Planning Board and Town of Clarkson
Highway Department.
(h)
Vertical drawing of the large WECS showing total height, turbine
dimensions, tower and turbine colors, ladders, distance between the
ground and the lowest point of any rotor blade, location of climbing
pegs and access doors. One drawing may be submitted for each large
WECS of the same type and total height.
(i)
Landscaping plan depicting existing vegetation and describing
any areas to be cleared and all specimens to be added, identified
by species and species size at installation with their location.
(j)
Lighting plan: The applicant shall submit a lighting plan that
describes all lighting. Such plan shall include, but is not limited
to, the planned number and location of lights, lighting that may be
required by the FAA, including a copy of the FAA lighting determination,
types of light, whether any such lights will be flashing, and mitigation
measures planned to control the light so not to spill over onto neighboring
properties.
(k)
Adjacent property owners: A list of all adjacent property owners
of land within 2,500 feet, as measured from the tower base to nonparticipating
property lines, shall be provided to the Planning Board for review
and record retention. The list shall contain the names, property addresses,
mailing address and tax map numbers of the property owners.
(l)
Decommissioning plan: The applicant shall submit a decommissioning
plan which shall include:
[1]
The anticipated life of the large WECS.
[2]
The estimated decommissioning cost in current dollars.
[3]
How said estimate was determined, including the amount the cost
is offset with salvage value.
[4]
A letter of credit or cash deposit will be the required method
for ensuring that the funds will be available for decommissioning
and restoration.
[5]
The method, such as annual reestimate by an independent licensed
professional engineer or qualified estimator approved by the Town,
by which the decommissioning cost will be kept current.
[7]
Removal of the concrete base of the wind turbine to a depth
of not less than five feet and restoration of affected land to preconstruction
grade.
[8]
Removal of buried cables if less than five feet in depth.
[9]
A predecommissioning survey, to be preformed by an independent
third party, of roads, culverts and bridges and affected land. The
survey shall include photo and/or video documentation.
[10]
Removal of access roads and restoration of affected land.
[11]
Widening of roadways if necessary for heavy equipment and final
restoration of all roadways used during removal.
[12]
Restoration of vegetation (consistent and compatible with surrounding
vegetation) less any fencing or minor improvements requested by the
landowner.
(m)
The application shall include information relating to the construction,
installation and repair of the wind energy facility as follows:
[1]
Construction schedule describing anticipated commencement completion
dates.
[2]
Hours of operation.
[3]
Designation of heavy haul routes.
[4]
A list of materials, equipment and loads to be transported
[5]
Identification of temporary facilities intended to be constructed,
and representatives in the field with name and phone number(s).
[6]
Specific turbine information on the type, size, height, rotor
material, rated power output, performance, safety, and noise characteristics
of each wind turbine model, tower, and electrical transmission equipment.
[7]
Method of delivery, both short- and long-term storage, and the
method of removal from the site of large components for repairs which
may become necessary in the normal course of operation of the WECS
over its operational life.
[8]
The amount of farm land removed from use during the construction
period and after completion of the wind energy conversion facility.
(n)
SEQRA Review:
[1]
Applications for large WECS are deemed Type 1 projects under
SEQRA. The Town may conduct its SEQRA Review in conjunction with other
agencies, in which case the records of review by said agencies shall
be part of the record of the Town of Clarkson's proceedings. The SEQRA
shall also include a Visual EAF Addendum (from SEQRA Part 617.20,
Appendix B).
[2]
At the completion of the SEQRA Review process, if a positive
declaration of environmental significance has been issued and an environmental
impact statement prepared, the Town of Clarkson shall issue a statement
of findings. The statement of findings may also serve as the Town's
decision on the application.
(o)
Agricultural data statement: If required by Section 283-a of
New York Town Law or Section 305-a of New York Agriculture and Markets
Law, the applicant shall submit an agricultural data statement.
(4)
Wind energy studies: The reviewing board may require some or all
of the following studies. Where applicable these studies shall comply
with NYSDEC visual and noise assessment and mitigation guidelines.
C.
Standards for large WECS.
(1)
Construction and traffic routes.
(a)
Construction of a large WECS poses potential risks because of
the large size of construction vehicles and their impact on traffic
safety and their physical impact on local roads. Construction and
delivery vehicles for WECS and/or associated facilities shall use
traffic routes established as part of the application review process.
Factors in establishing such routes shall include:
(b)
Permit conditions may require remediation during construction,
limit WECS-related traffic to specified routes, and include a plan
for disseminating traffic route information to the public and all
applicable state, county and municipal highway authorities and superintendents
whose roads are included in the WECS traffic route plan. Notification
to all applicable highway authorities and superintendents will include
the number and type of vehicles and their size, their maximum gross
weight, the number of round trips, and the dates and time periods
of expected use of designated traffic routes.
(c)
The WECS owner is responsible for remediation of damaged roads
during construction and upon completion of the installation, periods
of maintenance, and decommissioning/restoration of a wind energy facility.
(d)
Stormwater runoff and erosion control shall be managed in a
manner consistent with all applicable state and federal laws and regulations.
(e)
Geological soil testing shall be done at each proposed tower
foundation. Should testing suggest any interference with existing
water aquifers, the site will be disqualified.
(f)
Access roads required for construction shall be adequate to
support weight of trucks, erection cranes, facility sections and heavy
construction equipment. Temporary roads are to be returned to preconstruction
condition, leaving only private driveways used for routine maintenance
by facility and utility crews. Overnight parking of vehicles will
be permitted only during the established construction period or during
periods requiring additional personnel or equipment for maintenance
and repair of a WECS. Parking is prohibited on public roads at all
times.
(g)
Excavation shall be as required for only foundation; overexcavation
shall be repaired as per New York State Building Codes. Excess materials
shall not be used to raise existing grade at the tower base. These
materials may be used elsewhere on the proposed site by permission
of the owner and Town of Clarkson Code Enforcement Officer. Excess
materials may not be removed from the Town of Clarkson without permission
from the Town Planning Board.
(h)
All underground work shall be clearly marked "As-Built," documented
during construction, plotted upon completed project drawings, and
filed with the Town of Clarkson with "Dig Safely New York (1-800-962-7962)"
or its successor.
(i)
Redesign of utility poles must consider impact of access for
large farming machinery.
(j)
The Town of Clarkson will employ an independent engineering
inspection service to monitor all construction/erection activities.
The facility developer shall assume all costs of this service.
(k)
All solid waste, hazardous waste and construction debris shall
be removed from the site and managed in a manner consistent with all
appropriate rules and regulations as set forth by the appropriate
agencies.
(l)
Any construction, ground disturbance or restoration involving
agricultural land or land located in agricultural districts shall
be done according to the New York State Department of Agriculture
and Markets publication titled "Guidelines for Agricultural Mitigation
for Windpower Projects."
(2)
Certification. The wind energy facility developer shall employ an
independent and Town-of-Clarkson-approved engineering service to certify
to the Town that the facility is built as designed and is qualified
for service before final permit is issued by the Planning Board. The
applicant shall provide the following certifications:
(a)
All structural components, including the foundation, tower and
compatibility of the tower with the rotor and rotor-related equipment,
shall be certified in writing by an independent licensed professional
engineer. The engineer shall certify compliance with all applicable
local, state, and federal codes and regulations.
(b)
After completion of the WECS, the applicant shall provide a
post-construction certification from an independent licensed professional
engineer stating that the project complies with applicable codes and
industry practices and has been completed according to the design
plans.
(c)
The electrical system shall be certified annually in writing
by an independent licensed professional engineer. The engineer shall
certify compliance with good engineering practices and with the appropriate
provisions of IEEE standards and any other explicit technical standards
required in New York State.
(d)
The rotor overspeed control system shall be certified in writing
by an independent licensed professional engineer. The engineer shall
certify compliance with applicable design and operational codes.
(e)
Certification of project completion must be supplied by the
applicant and approved by the Town of Clarkson Code Enforcement Officer.
(3)
Color, finish and visual impact.
(a)
All wind energy facility developers shall use measures to reduce
the visual impact of WECS to the greatest extent possible. All structures
shall be finished in a single, nonreflective matte finish color or
a camouflage scheme and shall include a maintenance schedule and plan
to maintain the finished color and appearance of the WECS.
(b)
Individual WECS within a Wind Energy Overlay District shall
be constructed using wind turbines whose design and appearance shall
exhibit uniformity to each other in all respects to height, color,
size, geometry, and rotational speed.
(c)
No lettering, company insignia, advertising, or graphics shall
be on any part of the tower, hub, or blades.
(4)
Compliance with regulatory agencies. 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 WECS.
(5)
Electrical standards.
(a)
All interconnecting lines and wires from generators to ground
ancillary structures and the utility transmission grid will be installed
underground to the maximum extent practicable. The Planning Board
shall have the authority to waive this requirement only if the Planning
Board has sufficient engineering data submitted by the applicant to
demonstrate that underground transmission lines are unfeasible.
(b)
Underground high voltage lines shall have cover to existing
grade, per National Electrical Code (NEC) burial guidelines.
(c)
All precautions shall be applied to prevent stray voltage leakage;
should such occur, immediate remedial correction must be taken. A
report of complaint and remediation must be given to the Town of Clarkson
Code Enforcement Officer for immediate analysis and remedial action.
(6)
Electromagnetic interference.
(a)
No large WECS shall be installed in any location where its proximity
with existing fixed broadcast, retransmission, or reception antenna
for radio, television, or wireless phone or other personal communication
systems would produce electromagnetic interference with signal transmission
or reception.
(b)
No large WECS shall be installed in any location along the major
axis of an existing microwave communication link where its operation
is likely to produce electromagnetic interference in the link's operation.
(c)
If it is determined that a large WECS is causing electromagnetic
interference, the operator shall take necessary corrective action
to eliminate this interference, including relocation or removal of
the facilities, or resolution of the issue with the impacted parties.
(d)
Failure to remedy electromagnetic interference is grounds for
revocation of the special use permit for any specific WECS causing
the interference.
(8)
Height restrictions.
(a)
The total height of any large WECS shall be 400 feet. The total
height shall be measured from the ground elevation from the preconstruction
or post-construction grade, whichever is lower, to the top of the
tip of the blade at the apex of rotation.
(b)
The blade tip of any wind turbine shall, at its lowest point,
have a ground clearance of not less than 50 feet.
(9)
Landscaping. Upon completion of the installation, the site shall
be returned as close as possible to its natural state, including,
but not limited to, restoring the subsoil and topsoil to preconstruction
condition and reforestation of any woodlands that have been cleared
for site preparation. Vegetation shall be planted in a natural pattern
on the site to screen as much of the facility as possible without
restricting air flow. Existing vegetation may be used to supplement
new plantings.
(10)
Lighting. Towers and turbines shall not be artificially lighted
or marked beyond the requirements of the Federal Aviation Administration
(FAA). Minimum security or safety lighting may be allowed as approved
on the site plan. Any lighting systems shall be designed to minimize
light pollution and shall include the use of light hoods or low-glare
fixtures or directing lights at the ground. Lighting shall not shine
onto adjacent properties.
(11)
Maintenance and replacement.
(a)
A permitted facility may be maintained and repaired at any time,
which becomes necessary in the normal course of operation of the wind
energy facility, without a special permit or building permit, provided
the maintenance does not involve the following:
[1]
An increase in the number of towers.
[2]
An increase in the number of wind turbines.
[3]
An increase in the tower height.
[4]
A change in the tower location.
[5]
A change in the type of wind turbine, nacelle or tower used.
[6]
A change in the number or size of accessory structures.
[7]
A change that increases the sound pressure level or shadow-flicker
produced by the facility.
[8]
The transportation of heavy equipment, cranes and large spare
parts that are oversize loads and require public road use, the widening
of access roads, or pose potential damage to the infrastructure of
the Town of Clarkson or surrounding communities.
(c)
Overnight parking of vehicles will be permitted only during
periods requiring additional personnel or equipment, or extended periods
of time necessary for the maintenance and repair of a wind energy
system. That will be no parking on public roads.
(d)
Any damaged or unused parts shall be removed from the site within
30 days or stored in a locked on-site storage building. All maintenance
equipment, spare parts, oil or chemicals shall also be stored in said
on-site locked storage building.
(12)
Safety and security requirements.
(a)
Large WECS shall have lightning arresting systems.
(b)
Wind turbines shall be equipped with electromagnetic (automatic)
and mechanical (manual) braking systems to prevent over-rotation,
reducing stress on the tower and rotor blades. 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.
(c)
Security signs for public safety and warnings shall be required.
At least one sign shall be posted at the base of the tower warning
of electrical shock or high voltage. A sign shall be posted on the
entry area of the fence around each tower or group of towers and any
building (or on the tower or building if there is no fence), containing
emergency contact information, including a local telephone number
with twenty-four-hour, seven-day-per-week coverage. The Planning Board
may require additional signs as approved on the site plan.
(d)
A security plan shall be required and on file at the Town Hall.
The training of first responders and any associated cost shall be
the responsibility of the wind energy facility owner/operator. An
emergency personnel contact, including appropriate emergency responders
including the Clarkson Town Clerk, shall be posted at the site.
(e)
Vehicle access points shall be guarded by physical structure,
fencing or bollards to block nonpermitted access to driveways.
(14)
Large WECS setback.
(a)
Each large WECS shall be set back from site boundaries as measured
from the center of the large WECS:
[2]
One hundred feet plus the fall zone radius from state and federally
identified wetlands. This distance may be adjusted to be greater distance
at the discretion of the Planning Board, based on topography, land
cover, land uses, state or federal requirements, and other factors
such as the influence that a large WECS has on any endangered species
or the flight patterns of resident birds.
(c)
Two hundred feet plus the fall zone radius from on-site occupied
structures (human and farm animal), and any historical site.
(d)
Six hundred feet from the nearest site boundary line or tax
property boundary (nonresidential).
(e)
The Planning Board may impose a 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.
(15)
Tower structures.
(a)
The fall zones of WECS shall not overlap one another.
(b)
Multiple towers may be sited on a contiguous property and on
legally leased adjacent parcels.
(c)
Towers will only be of a mono-tubular freestanding design with
interior stairs accessed by a security door within the tower column.
The use of guy wires is prohibited.
(d)
Nacelle will be of the latest upwind design accessed via interior
stair only.
(e)
Wind turbine towers shall not have external ladders or climbing
devices, fire suppression systems or extinguishers.
(16)
Wildlife species and habitat.
(a)
Development and operation of a large WECS 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 Clarkson. Studies, plans and guidelines will be used
to demonstrate criteria established by federal or state regulatory
agencies.
(b)
Design and layout of the facility shall not create artificial
habitats which draw rodents or prey and entice raptors to frequent
the site leading to increased bird strikes.
D.
Transfer of ownership. No transfer of any wind energy facility or
special use permit, nor sale of the entity owning such facility including
the sale of more than 30% of the stock of such entity (not counting
sales of shares on a public exchange), will occur without prior approval
of the Town Board, which approval shall be granted upon written acceptance
of the transferee of the obligations of the transferor under this
section, and the transferee's demonstration, in the sole discretion
of the Town Board, that it can meet the technical and financial obligations
of the transferor. No transfer shall eliminate the liability of the
transferor, nor of any other party, under this section unless the
entire interest of the transferor in all facilities in the Town is
transferred and there are no outstanding obligations or violations.
A.
General.
(1)
The placement, construction, and major modification of all small
wind energy conversion systems (small WECS) within the boundaries
of the Town of Clarkson shall be permitted only by special use permit.
(2)
Small wind energy conversion systems shall require a site plan review
and approval by the Planning Board, a special permit issued by the
Planning Board and a building permit issued by the Code Enforcement
Officer per Article VI of the Town of Clarkson Zoning Code.[1]
(3)
The special use permit shall be valid initially for five years. Renewal shall be in accordance with Subsection D below.
(4)
The applicant shall pay all costs associated with the Town of Clarkson's
review and processing of the application. The applicant shall submit
a deposit with the application in the amount determined by resolution
by the Town Board. The Town of Clarkson may require the applicant
to enter into an escrow agreement to cover the engineering and legal
costs of reviewing and processing the application. This agreement
will include the cost of the review required by SEQRA.
(5)
If required by New York State Municipal Law, the application will
be referred to the Monroe County Planning Department for review.
(6)
Small WECS are permitted in any zoning district.
(7)
The applicant is required to conform to all requirements of the Town
of Clarkson Historical District.
(8)
The small WECS shall be primarily used to reduce the on-site consumption
of electricity of the residence and shall not exceed 110% of estimated
annual consumption. At no time shall electricity be distributed across
property lines except to tie into the electrical grid system. Small
WECS shall be placed or located behind the front setback of the residence
or 100 feet from the right-of-way, whichever is less.
B.
Application.
(1)
Applicants may request a preapplication meeting(s) with the Planning
Board, Code Enforcement Officer and with any consultants retained
by the Planning Board for review.
(2)
Upon submittal of an application, the Planning Board shall, within
30 days of receipt, or within such longer time if agreed to by the
applicant, determine if all information required under this application
is included in the application. No application shall be acted on by
the Planning Board until the application is deemed complete by the
Planning Board.
(3)
An application for a small WECS shall include the following:
(a)
Name, address, and 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 an
original signature of the applicant authorizing the representation.
(b)
Name, address and telephone number of the 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:
(c)
A comprehensive description of the small WECS, including location,
total height of the tower, maximum rated capacity of the wind turbine
and the utilities required.
(d)
The Planning Board may require an instrument survey showing
the location of the small WECS.
(e)
The applicant shall include scaled engineering drawings (prepared
by a licensed professional engineer, licensed land surveyor or landscape
architect) which show details and dimensions of the following:
[1]
Tower.
[2]
Tower guy wire and anchor details, if any.
[3]
Turbine.
[4]
Foundation.
[5]
Distance between ground and the lowest point of any rotor blade.
[6]
Height and location of climbing pegs and ladders.
[7]
Fencing and the color and finish of each major component.
[8]
Details and dimensions of all proposed equipment, accessory
structures, access roads and driveways.
(f)
Applications shall include product information from the manufacturer
of the proposed wind turbine or rotor blade, tower, supporting foundations,
anchorage, inverter, structures and transmission lines as a composite.
(g)
The application shall include a full SEQR environmental assessment
form (EAF) with Part l prepared by the applicant, which shall also
include a visual EAF addendum (from SEQRA Part 617.20, Appendix B).
(h)
If required by Section 283-a of New York Town Law or Section
305-a of New York Agriculture and Markets Law, the applicant shall
submit an Agricultural Data Statement.
(i)
The application shall include a written agreement in which the
applicant agrees to pay for reasonable legal fees and consultant fees
incurred by the Planning Board should they choose to employ a consultant
to review the drawings, analyses, studies, reports and certifications
submitted by the applicant. The applicant must also agree to pay for
reasonable consultant fees incurred by the Planning Board should they
choose to employ a consultant to assist with the SEQRA process. Any
such agreement shall be subject to the review and approval of the
Town Attorney or the attorney advising the Planning Board.
(j)
Applications shall include a written agreement in which the
applicant agrees to provide and pay for a reasonable amount of preconstruction
ambient-noise-level testing and post-construction sound-pressure-level
testing and/or shadow-flicker analysis when requested by the Planning
Board. Testing may be requested at any time during the term of a special
permit to ensure compliance or to resolve noise or visual complaints
received from nearby property owners. Any such agreement shall be
subject to the review and approval of the Town Attorney or the attorney
advising the Planning Board.
C.
Standards for small WECS.
(1)
The tower design must be certified by a licensed professional engineer.
(2)
The tower height shall be no more than 35 feet.
(3)
Ground clearance of horizontal axis rotor blades shall not be less
than 15 feet.
(4)
The use of guy wires is prohibited without a variance from the ZBA.
In making a determination, the Zoning Board of Appeals will apply
the standards used for an area variance.
(5)
The proposed site shall include a fall zone radius of no less than
150% of tower height excluding the structure, if any, to which it
is attached. The fall zone must be contained entirely inside the property
line.
(6)
The system's tower, nacelle, and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporates
nonreflective surfaces to minimize any visual disruption.
(7)
All WECS shall be equipped with brake controls to limit the rotational
speed of the rotor blade so it does not exceed the design limits of
the rotor.
(8)
All on-site electrical wires associated with the system shall be
installed underground. This standard may be modified by the Planning
Board if the project terrain is determined to be unsuitable due to
reasons of excessive grading, biological impacts, or similar factors.
(9)
The statistical sound pressure level generated by a WECS shall not
exceed 50 dBA measured at the nearest residence property line located
off the site. Sites can include more than one piece of property and
the requirement shall apply to the combined properties.
(10)
No brand names, logo, antennas, or advertising shall be allowed
on any part of the facility or placed or painted on the tower, rotor,
generator or tail vane where it would be visible from the ground,
except that a system or tower's manufacturer's logo may be displayed
on the system generator housing in an unobtrusive manner. However,
permanent identification of manufacturer and responsible contact information
in case of failure or malfunction will be mounted on the tower base.
(11)
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
WECS.
D.
Renewal of special use permits for small WECS. Three copies of the
following information must be submitted to the Planning Board, and
shall constitute a complete application for special permit renewal.
(1)
Special use permit application form. The application shall be marked
"Renewal" by the applicant.
(2)
Special use permit renewal fee. The applicant shall pay a nonrefundable
renewal fee as established by the Town of Clarkson Town Board.
(3)
Renewal shall be every three years.
(4)
At the request of the Planning Board the applicant/owner shall make
available (subject to a nondisclosure agreement) to the Town all reports
to and from the purchaser of energy from individual WECS as necessary
to prove the WECS is functioning. Requested reports may be edited
as necessary to protect proprietary information.
(5)
Structural integrity certification. If the facility has been installed
for longer than the manufacturer's warranty period, the renewal application
shall include a certification that the facility was inspected for
structural and mechanical integrity by a person certified by the manufacturer,
a licensed professional engineer.
A.
General.
(2)
The applicant shall pay all costs associated with the Town of Clarkson's
review and processing of the application. The applicant shall submit
a deposit with the application in the amount determined by resolution
by the Town Board. The Town of Clarkson may require the applicant
to enter into an escrow agreement to cover the engineering and legal
costs of reviewing and processing the application. This agreement
will include the cost of the review required by SEQRA.
(3)
If required by New York State Municipal Law, the application will
be referred to the Monroe County Planning Department for review.
(4)
Medium WECS are permitted in the RS-20 (proposed Residential Agricultural
[RA], Suburban Residential [RS]).
(5)
The minimum lot size shall be no less than seven acres in area.
B.
Application.
(1)
Applicants may request a preapplication meeting(s) with the Planning
Board, Code Enforcement Officer and with any consultants retained
by the Planning Board for concept review.
(2)
Upon submittal of an application, the Planning Board shall, within
30 days of receipt, or within such longer time if agreed to by the
applicant, determine if all information required under this application
is included in the application. No application shall be acted on by
the Planning Board until the application is deemed complete by the
Planning Board.
(3)
An application for a medium WECS shall include the following:
(a)
Name, address, and 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 an
original signature of the applicant authorizing the representation.
(b)
Name, address, telephone number of the 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:
(c)
Address or other property identification of each proposed tower
location, including Tax Map section, block and lot number.
(d)
A comprehensive description of the medium WECS, including location,
total height of the tower, maximum rated capacity of the wind turbine
and the utilities required.
(e)
The Planning Board may require additional information, if necessary
to complete its review.
[1]
Title block showing the drawing title, date of reparation, name
and address of applicant, name and address of a the person or firm
preparing the drawing, and the signature and seal of a licensed professional
engineer and licensed land surveyor.
[2]
Site location map, including North arrow and bar scale.
[3]
Boundaries and physical dimensions of the site in sufficient
scale to verify setbacks.
[4]
Existing watercourses and bodies of water, including any state
and federal wetlands.
[5]
Public and private roads within 100 feet of the site boundaries.
[6]
Existing residential and nonresidential structures and driveways
located on-site.
[7]
Existing residential and nonresidential structures located off-site
and within 500 feet of the site boundaries.
[8]
Location of the proposed tower, equipment, foundations, guy
points, substations, accessory structures, fences and any other amenities.
[9]
Existing and proposed above-ground and underground utilities
located on the site.
[10]
Construction plan detailing access routes, on-site disturbance
of landscape, trees, soils and restoration thereof at the completion
of the facility erection period.
[11]
A circle drawn to scale around the tower which includes the
fall zone equal to 150% of rotor blade height at apex.
(f)
The applicant shall include scaled engineering drawings certified
by a licensed professional engineer which show details and dimensions
of the following:
[1]
Tower.
[2]
Turbine.
[3]
Foundation.
[4]
Distance between ground and the lowest point of any rotor blade.
[5]
Height and location of climbing pegs and ladders.
[6]
Fencing and the color and finish of each major component.
[7]
Details and dimensions of all proposed equipment, accessory
structures, access roads and driveways.
(g)
Applications shall include product information from the manufacturer
of the proposed wind turbine or rotor blade, tower, supporting foundations,
anchorage, inverter, structures and transmission lines as a composite.
(h)
The application shall include a full SEQR environmental assessment
form (EAF) with Part 1 prepared by the applicant and also a visual
EAF Addendum (from SEQRA Part 617.20, Appendix B).
(i)
If required by Section 283-a of New York Town Law or Section
305-a of New York Agriculture and Markets Law, the applicant shall
submit an Agricultural Data Statement.
(j)
Proposed written agreement.
[1]
Applications shall include a proposed written agreement between
the developer and the Town in which the applicant agrees to remove
the facility and to restore the site when the facility reaches the
end of its design life, if the facility ceases to operate for more
than six consecutive months, or if directed by the Town of Clarkson
due to noncompliance. The agreement must include the following:
[a]
All work will be arranged and paid for by the applicant.
[b]
A description of how the facility will be removed.
[c]
A description of how the site will be restored.
[d]
The estimated cost for removal and restoration.
[e]
The source and/or method of funding that will be
available for removal and restoration.
[2]
Any such agreement shall be subject to the review and approval
of the Town Attorney or the attorney advising the Planning Board and
approved by resolution of the Town Board.
(k)
The application shall include a written agreement in which the
applicant agrees to pay for reasonable consultant and legal fees incurred
by the Planning Board should they chose to employ a consultant to
review the drawings, analyses, studies, reports and certifications
submitted by the applicant. The applicant must also agree to pay for
reasonable consultant fees incurred by the Planning Board should they
choose to employ a consultant to assist with the SEQRA process. Any
such agreement shall be subject to the review and approval of the
Town Attorney or the attorney advising the Planning Board.
(4)
Applications shall include a written agreement in which the applicant
agrees to provide and pay for a reasonable amount of sound-pressure-level
testing and/or shadow-flicker analysis when requested by the Planning
Board. Testing may be requested at any time during the term of a special
permit to ensure compliance or to resolve noise or visual complaints
received from nearby property owners. Any such agreement shall be
subject to the review and approval of the Town Attorney or the attorney
advising the Planning Board.
C.
Standards for medium wind energy conversion systems.
(1)
The tower design must be certified by a licensed professional engineer.
(2)
The tower height shall comply with all applicable Federal Aviation
Administration requirements.
(3)
Ground clearance of the horizontal axis rotor blades shall not be
less than 25 feet.
(4)
Rooftop and tower systems supported in part or in whole by a nonresidential
structure shall be evaluated for the stress and loads developed by
a medium WECS and certified by a licensed professional engineer.
(5)
Wind turbine towers and any guy wire systems shall not be climbable
for the first 12 feet above ground level.
(6)
The proposed site shall include a fall zone radius of no less than
150% of total tower height. The fall zone shall not:
(7)
No tower shall be lit except to comply with FAA requirements. Minimum
security lighting for ground level facilities shall be allowed as
approved on the site plan. Security lighting shall be designed to
minimize light pollution, including the use of light hoods or low-glare
fixtures and Erecting lights at the ground.
(8)
The system's tower, nacelle, and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporates
nonreflective surfaces to minimize any visual disruption.
(9)
All horizontal-axis WECS shall be equipped with electromagnetic and
manual brake controls to limit the rotational speed of the rotor blade
so it does not exceed the design limits of the rotor and over-stress
the tower and components. Vertical-axis wind turbines shall be controlled
to prevent overspeed and exceeding the design limits of the rotor,
support structure, and other components.
(10)
All on-site electrical wires associated with the system shall
be installed underground, whether net-metered or a stand alone system,
except for tie-ins to a public utility company and public utility
company transmission poles, towers and lines. This standard may be
modified by the Planning Board if the project terrain is determined
to be unsuitable due to reasons of excessive grading, biological impacts,
or similar factors.
(11)
The statistical sound pressure level generated by a WECS shall
not exceed 50 dBA measured at the off-site property line and a medium
WECS shall not operate at an impulsive sound below 20 Hz at the off-site
boundary line.
(12)
If it is determined that a medium WECS is causing electromagnetic
interference, the operator shall take necessary corrective action
to eliminate this interference, including relocation or removal of
the facilities or resolution of the issue with the impacted parties.
(13)
No brand names, logo, antennas, or advertising shall be allowed
on any part of the facility or placed or painted on the tower, rotor,
generator or tail vane where it would be visible from the ground,
except that a system or tower's manufacturer's logo may be displayed
on the system generator housing in an unobtrusive manner. However,
permanent identification of manufacturer and responsible contact information
in case of failure or malfunction will be mounted on the tower base.
(14)
Access roads required for construction shall be adequate to
support weight of trucks, erection cranes, facility sections and heavy
construction equipment. The applicant is responsible for remediation
of damaged roads during construction and upon completion of the installation
or maintenance of a WECS.
(15)
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
WECS.
A.
Enforcement. In addition to the Code Enforcement Officer, the Town
Board may, by resolution, appoint such town staff or outside consultants
as it sees fit to enforce this chapter.
B.
Penalties.
(1)
Any person owning, controlling, or managing any building, structure,
or land who shall construct, operate or maintain a wind energy conversion
facility in violation of this chapter or in noncompliance with the
terms and conditions of any permit issued pursuant to this chapter,
or any order of the Code Enforcement Officer, and any person who shall
assist in so doing, shall be guilty of an offense and subjected to:
(a)
For a first offense, a fine of not more than $350 or imprisonment
for a period of not more than 15 days, or both such fine and imprisonment.
(b)
For a second offense (both within a period of five years), a
fine of not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both such fine and imprisonment.
(c)
For a third offense (all within a period of five years), a fine
of not less than $700 nor more than $1,000 or imprisonment not to
exceed six months, or both such fine and imprisonment.
(2)
Every such person shall be deemed guilty of a separate offense for
each week such violation shall continue. The Town may institute a
civil proceeding to collect civil penalties in the amount set forth
herein for each violation and each week said violation continues shall
be deemed a separate violation.
(3)
If multiple units in one facility have the same or similar violations,
each shall be considered as a separate and distinct violation.
(4)
In case of any violation or threatened violation of any of the provisions
of this chapter, including the terms and conditions imposed by any
permit issued pursuant to this section, in addition to other remedies
and penalties herein provided, the Town of Clarkson may institute
any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving, and/or use, and to
restrain, correct, or abate such violation, to prevent the illegal
act.
C.
Abatement.
(1)
Public nuisance. Every unsafe, incomplete, abandoned, or inoperable
wind energy facility is hereby declared a public nuisance which shall
be subjected to abatement by repair, rehabilitation, demolition, or
removal.
(2)
Inoperable WECS.
(a)
Nonfunction or lack of operation may be proven by reports to
the Public Service Commission, New York State Energy Research and
Development Authority (NYSERDA), by lack of income generation or physical
damage. The applicant/owner shall make available (subject to a nondisclosure
agreement) to the Town all reports to and from the purchaser of energy
from individual WECS, if requested as necessary to prove the WECS
is functioning. Requested reports may be edited as necessary to protect
proprietary information.
(b)
Safety issues deemed to be of an imminent threat to the health,
safety and/or welfare of any person affected by a WECS as determined
by the Code Enforcement Officer shall require the immediate shutdown
of the WECS; an immediate corrective action shall be taken and the
imminent threat fully mitigated.
(3)
If any WECS remains nonfunctional or inoperative for a continuous
period of six months, the applicant agrees that, without any further
action by the Town Board, it shall remove said system and return the
land to preexisting conditions at its own expense. Removal of the
system shall include but not be limited to:
(a)
Removal of all above-ground structures, including support buildings,
transmission equipment, and fencing, from the property.
(b)
Removal of the concrete base of a wind turbine to a depth of
not less than five feet below grade elevation.
(c)
All agricultural areas shall be restored to as close to preconstruction
conditions as possible and shall be in compliance with New York State
Department of Agriculture and Markets guidelines. A remediation plan
shall be put in place to identify and correct any remaining or recurring
impacts derived from a WECS.
(4)
This provision may be waived at the discretion of the Town Board
if the applicant demonstrates to the Town that it has been making
good faith efforts to restore the WECS to an operable condition, but
nothing in this provision shall limit the Town's ability to order
a remedial action plan after a public hearing.
(5)
Notwithstanding any other abatement provisions, if the WECS is not
repaired, made operational, or brought into permit compliance after
said notice, and after a public meeting at which time the operator
or owner shall be given opportunity to be heard and present evidence,
including a plan to come into compliance, the Town may either:
(a)
Order remedial action within a particular timeframe.
(b)
Order revocation of the special use permit for the WECS and
order removal of the WECS within 90 days. If the WECS is not removed,
the Town Board shall have the right to use the security posted as
part of the decommissioning plan to remove the WECS.
D.
Limitations on approvals; easements on Town property.
(1)
Nothing in this chapter shall be deemed to give any applicant the
right to cut down surrounding trees and vegetation on the site or
any other property to reduce turbulence and increase wind flow to
the WECS. Nothing in this chapter shall be deemed a guarantee against
any future construction or Town approvals of future construction that
may in any way impact the wind flow to any WECS. It shall be the sole
responsibility of the WECS operator or owner to acquire any necessary
wind flow or turbulence easements, or rights to remove vegetation.
(2)
Pursuant to the powers granted to the Town to manage its own property,
the Town may enter into noise, setback, or wind flow easements on
such terms as the Town Board deems appropriate, as long as said agreements
are not otherwise prohibited by state law.
E.
Decommissioning bond or fund.
(1)
The applicant, developer, successors, property owner, heirs, or assigns,
private or court-appointed and of record shall continuously maintain
a fund or bond payable to the Town of Clarkson for the removal of
non-functioning towers, accessory facilities, and land restoration
in an amount and frequency of review to be determined by the Town
Board for the period of the life of the facility. This fund may consist
of a letter of credit from a financial institution. The provisions
and adequacy of such bond, fund or letter of credit shall be approved
by the Town Board after review and approval of the Town Attorney or
attorney representing the Town Board. All cost of the financial security
shall be borne by the applicant, developer, successors, property owner,
heirs, or assigns, private or court-appointed and of record.
(2)
Any cost incurred by the Town that exceeds the amount of such financial
surety or that is not covered by said surety shall be the complete
and sole responsibility of the applicant. If the applicant is insolvent
and such costs cannot be practicably collected from said applicant,
then such costs shall become a lien upon the property in which the
costs were incurred. The lien shall thereafter be assessed on the
next succeeding year's tax bill for such parcel and shall be collected
in accordance with normal tax foreclosure proceedings if such tax
bill remains unpaid thereafter.
(3)
Upon completion of all such removal activities by the Town, any remaining
portion of the posted surety shall be returned to the applicant.
F.
Testing fund. A special use permit shall contain a requirement that
the applicant fund periodic noise and/or shadow-flicker testing by
a qualified independent third-party measurement consultant, which
may be required as often as every two years, or more frequently upon
request of the Town in response to complaints by neighbors. The scope
of the testing shall be to demonstrate compliance with the terms and
conditions of the special use permit or site plan and shall also include
an evaluation of any complaints received by the Town. The applicant
shall have 90 days after written notice from the Town Board to cure
any deficiency. An extension of the ninety-day period may be considered
by the Town Board, but the total period may not exceed 180 days.
G.
Severability. If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances
and the Town Board hereby declares that it would have enacted this
chapter or the remainder thereof had the invalidity of such provision
or application thereof been apparent.