This chapter may be cited as the "Wind Energy Facility Law of
the Town of Bath, New York."
The Town Board of the Town of Bath adopts this chapter to promote
the effective and efficient use of the Town's wind energy resources
through wind turbine generators (WTGs), and to regulate the placement
of such systems so that the public health, safety and welfare will
not be jeopardized.
The Town Board of the Town of Bath enacts this chapter under
the authority granted by:
A.
Article IX of the New York State Constitution, Section 2(c)(6) and
(10).
B.
New York Statute of Local Governments, Section 10(1) and (7).
C.
New York Municipal Home Rule Law, § 10, Subdivision 1(i)
and (ii), and § 10, Subdivision 1(ii)a(6), (11), (12) and
(14).
D.
New York Town Law, § 130, Subdivision 1 (building code),
Subdivision 3 (electrical code), Subdivision 5 (fire prevention),
Subdivision 7 (use of streets and highways), Subdivision 7-a (location
of driveways), Subdivision 11 (peace, good order and safety), Subdivision
15 (promotion of public welfare), Subdivision 15-a (excavated lands),
Subdivision 16 (unsafe buildings), Subdivision 19 (trespass) and Subdivision
25 (building lines).
E.
New York Town Law, § 64, Subdivision 17-a (protection of
aesthetic interests) and Subdivision 23 (general powers).
The Town Board of the Town of Bath finds and declares that:
A.
Wind energy is an abundant, renewable and nonpolluting energy resource
of the Town 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,
including small systems, can be cost effective, and in many cases
existing power distribution systems can be used to transmit electricity
from wind-generating stations to utilities or other users, or energy
consumption at that location can be reduced.
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 and the general public.
D.
Wind turbines represent significant potential aesthetic impacts because
of their large size, lighting and shadow effects, if not properly
sited.
E.
If not properly regulated, installation of wind energy facilities
can create drainage problems through erosion and lack of sediment
control for facility and access road sites, and harm farmlands through
improper construction methods.
F.
Wind turbines may present a risk to bird and bat populations if not
properly sited.
G.
Wind turbines may be significant sources of noise, which, if unregulated,
can negatively impact adjoining properties.
H.
Without proper planning, construction of wind energy facilities can
create traffic problems and damage local roads.
I.
If improperly sited, wind turbines can interfere with certain types
of communications.
A.
Permit requirements.
(1)
No wind energy facility shall be constructed or operated in the Town
of Bath except in compliance with this chapter.
(2)
No WTG shall be constructed or operated in the Town of Bath except
with a wind energy facility permit approved pursuant to this chapter.
(3)
No wind measurement tower shall be constructed in the Town of Bath
except pursuant to a wind energy facility permit issued pursuant to
this chapter.
(4)
No small WTG shall be constructed or operated in the Town of Bath
except pursuant to a wind energy permit issued pursuant to this chapter.
B.
Applicability. This chapter shall apply to all areas of the Town
of Bath.
C.
Agricultural use exemption. No permit or other approval shall be required under this chapter for a WTG utilized solely for agricultural operations in a state or county agricultural district, as long as the facility is set back at least one time its total height from a property line and two times its total height from any permanent structure on property not owned by the applicant, and does not exceed 120 feet in height. Towers over 120 feet in total height utilized solely for agricultural operations in a state or county agricultural district shall apply for a special use permit in accordance with Article II of this chapter, but shall not require a height variance. Prior to the construction of a WTG under this exemption, the property owner or a designated agent shall submit a sketch plan or building permit application to the Town to demonstrate compliance with the setback requirements.
D.
Transfer. Transfer of any wind energy facility or wind energy permit
to an entity other than the applicant to whom the permit was issued
shall require approval of the Town, which approval shall be granted
upon written acceptance of a duly qualified transferee of the obligations
of the transferor under this chapter. No transfer shall eliminate
the liability neither of an applicant nor of any other party under
this chapter.
E.
Facility modifications. Notwithstanding the requirements of this
section, replacement in kind or modification of a wind energy facility
may occur without Town Board approval when there will be:
As used in this chapter, the following terms shall have the
meanings indicated:
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and market of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation" as defined in Agriculture and Markets Law § 301,
Subdivision 13, and "timber processing" as defined in Agriculture
and Markets Law § 301, Subdivision 14. Such farm operation
may consist of one or more parcels of owned and rented land, which
parcels may be contiguous or noncontiguous to each other.
Environmental assessment form used in the implementation
of the SEQRA as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
Any dwelling suitable for year-round habitation existing
in the Town of Bath on the date an application is received. A residence
may be part of a multi-dwelling or multipurpose building, but shall
not include buildings such as hunting camps, hotels, hospitals, motels,
dormitories, sanitariums, nursing homes, schools or other buildings
used for educational purposes, or correctional institutions.
The New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and
Regulations, Part 617.
The parcel(s) of land where a wind energy facility is to
be placed. The site can be publicly or privately owned by an individual
or a group of individuals controlling single or adjacent properties.
Where multiple lots are in joint ownership, the combined lots shall
be considered as one for purposes of applying setback requirements.
Any property which has a wind energy facility or has entered an agreement
for said facility or a setback agreement shall not be considered off-site.
A wind turbine generator consisting of a wind turbine, a
tower and associated control or conversion electronics, which has
a rated capacity of not more than 100 kW and which is intended to
primarily reduce consumption of utility power at that location.
The level which is equaled or exceeded a stated percentage
of time. An L10-50 dBA indicates that in any hour of the day 50 dBA
can be equaled or exceeded only 10% of the time, or for six minutes.
The measurement of the sound pressure level can be done according
to the International Standard for Acoustic Noise Measurement Techniques
for Wind Generators (IEC 61400-11), or other accepted procedures.
The height of the tower and the furthest vertical extension
of the WTG.
Any WTG, small WTG or wind measurement tower, including all
related infrastructure, electrical lines and substations, access roads
and accessory structures.
A permit granted pursuant to this chapter granting the holder
the right to construct, maintain and operate a wind energy facility.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
A machine that converts the kinetic energy of the wind into
electricity available for use beyond that used by the machine (commonly
known as a "wind turbine" or "windmill").
A.
The requirements of this chapter shall apply to all wind energy facilities
proposed after the effective date of this chapter.
B.
Wind energy facilities for which a required permit has been properly
issued and upon which construction has commenced prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter; provided, however, that:
(1)
Any such preexisting wind energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this chapter prior to recommencing production of energy.
(2)
No modification or alteration to an existing wind energy facility
shall be allowed without full compliance with this chapter.
