A. 
Application contents. An application for a wind energy permit for individual wind turbine generators (WTGs) shall include the following:
(1) 
Applicant information. 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.
(2) 
Property owner information and authorization. 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:
(a) 
Confirming that the property owner is familiar with the proposed applications; and
(b) 
Authorizing the submission of the application.
(3) 
Adjacent owners. A list of property owners, with their mailing address, within 1,000 feet of the boundaries of the proposed site.
(4) 
Parcel information. Address, or other property identification, of each proposed tower location, including tax map section, block and lot number.
(5) 
Project description. A description of the project, including the number and maximum rated capacity of each WTG.
(6) 
Plot plans. A set of plot plans containing sufficient detail to clearly describe the following:
(a) 
Property lines and physical dimensions of the site.
(b) 
Locations of all proposed facilities, including WTG, access roads, electrical lines, substations, storage or maintenance units, and fencing.
(c) 
Locations of residences and other major existing structures on the site and within 1,000 feet of the site boundaries.
(d) 
Locations of parcels adjoining the site.
(e) 
Locations of public roads on the site.
(f) 
Locations of all utility lines on the site.
(g) 
To demonstrate compliance with the setback requirements of this article, circles drawn around each proposed WTG location equal to:
[1] 
One times the tower height.
[2] 
Five-hundred-foot perimeter.
[3] 
One-thousand-foot perimeter.
[4] 
Mapping of the nearest structures not on the applicant's property.
(7) 
Wind turbine information. One drawing or other set of information may be submitted for each WTG of the same type and total height. For each type of WTG proposed, the application shall include:
(a) 
A vertical drawing of the WTG showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, location of climbing pegs, and access doors.
(b) 
Make, model, picture and manufacturer's specifications, including information on noise levels during WTG operation.
(c) 
Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.
(8) 
Landscaping plan. A plan depicting existing vegetation and describing any areas to be cleared and the specimens proposed to be added.
(9) 
Lighting plan. A plan showing any FAA-required lighting and other proposed lighting.
(10) 
Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include:
(a) 
The anticipated life of the WTG;
(b) 
The estimated decommissioning costs in current dollars;
(c) 
How said estimate was determined;
(d) 
The method of ensuring that funds will be available for decommissioning and restoration;
(e) 
The method that the decommissioning cost will be kept current; and
(f) 
The manner in which the WTG will be decommissioned and the site restored.
(11) 
Complaint resolution plan. The application will include a complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.
(12) 
Construction information. An application shall include information relating to the construction/installation of the wind energy conversion facility as follows:
(a) 
A construction schedule describing commencement and completion dates; and
(b) 
A description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.
(13) 
EAF. Completed Part 1 of the Full EAF as required by SEQRA.
(14) 
Signed statement. A statement, signed under penalties of perjury, that the information contained in the application is true and accurate.
B. 
Positive declaration. If the applicant agrees in writing in the application that the proposed WTG may have a significant adverse impact on the environment, the Town Board may issue a positive declaration of environmental significance.
C. 
Environmental studies. If a positive declaration of environmental significance is determined by the SEQRA lead agency, the following information shall be included in the draft environmental impact statement (DEIS) prepared for a wind energy facility. Otherwise, the following studies shall be submitted to the Town Board for its use in reviewing the application:
(1) 
Visual impact assessment. A visual impact assessment (VIA) of the proposed WTG as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. The VIA shall include:
(a) 
Color photographs of the proposed site from at least two locations accurately depicting the existing and proposed conditions; and
(b) 
A map showing locations where proposed WTG could be visible.
(2) 
Noise study. A noise analysis documenting the noise levels associated with the proposed WTG.
(3) 
Shadow study. A study on potential shadows from the WTG. The study shall identify locations where shadows could be caused by the WTG and the expected durations of the shadows at these locations.
(4) 
Communications impacts. An assessment of potential interference of the proposed WTG with microwave, radio, television, personal communication systems and other wireless communication.
(5) 
Fire protection plan. A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed site.
A. 
Preapplication meeting. Applicants may request a preapplication meeting with the Town Board or with any consultants retained by the Town Board for application review. Meetings with the Town Board shall be conducted in accordance with the Open Meetings Law.[1]
[1]
Editor's Note: See Article 7 of the Public Officers Law.
B. 
Escrow agreement. The Town may require the applicant to fund an escrow agreement to cover the amount by which the Town's cost to review the applicant's applications exceed the application fees paid by the applicant.
C. 
Application submittal. Six copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission.
D. 
Application completeness review. Town staff or Town-designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this article is included in the application.
(1) 
Unless the Town Board waives any application requirement, no application shall be considered until deemed complete.
(2) 
If the application is deemed incomplete, the Town 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 WTGs proposed is increased.
E. 
Board receipt of applications. Upon submission of a complete application, including the grant of any application waiver by the Town Board, the Town Clerk shall transmit the application to the Town Board.
F. 
Public hearing. The Town Board shall hold at least one public hearing on the application.
(1) 
Notice of the public hearing shall be given by first class mail to property owners within 1,000 feet of the boundaries of the proposed WTG by the applicant, and a notice of public hearing shall be posted and published in the Town's official newspaper no less than 10 nor more than 20 days before any hearing. Where any hearing is adjourned by the Town Board to hear additional comments there shall be further posting of notice and news release of such adjournment. The applicant shall prepare and submit to the Town such notices and mail the notice of public hearing as approved by the Town, and shall submit a combined affidavit of service listing each mailing. An affidavit of publication is to be provided by the official newspaper for the Town. The assessment roll of the Town shall be used to determine mailing addresses.
(2) 
The public hearing may be combined with public hearings on any environmental impact statement or requested waivers.
G. 
County Planning Board notice. Notice of the project shall also be given, when applicable, to the Steuben County Planning Board, if required by General Municipal Law §§ 239-l and 239-m.
H. 
SEQRA review. WTG applications shall be deemed Type I projects under SEQRA. The Town may conduct the 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 Town's proceedings.
I. 
SEQRA findings. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement is prepared, there shall be issued a statement of findings, which statement may also serve as the Town's decision on the applications if adopted as such by the Town.
J. 
Application decision. Upon receipt of the recommendation of the County Planning Board (where applicable), the holding of the public hearing and the completion of the SEQRA process, the Town Board may approve, approve with conditions or deny the applications, in accordance with the standards in this article.
The following standards shall apply to all wind energy facilities, unless specifically waived by the Town Board as part of a wind energy permit:
A. 
Transmission lines. All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.
B. 
WTG height. The maximum total height of any WTG shall be 450 feet.
C. 
Antenna co-location. No television, radio or other communication antennas may be affixed or otherwise made part of any WTG, except pursuant to the Town Code. Applications may be jointly submitted for WTG and telecommunications facilities.
D. 
Advertising. No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.
E. 
WTG lighting. No WTG shall be lit except to comply with FAA requirements.
F. 
Visual impact mitigation. Applicants shall use measures to reduce the visual impact of WTG to the extent possible.
(1) 
WTGs shall use tubular towers.
(2) 
WTGs shall be finished in a single, nonreflective matte finished color.
(3) 
WTGs within a multiple WTG project shall be constructed using WTGs whose appearance, with respect to one another, are similar within and throughout the project, to provide reasonable uniformity in overall size, geometry and rotational speeds.
G. 
Guy wires. The use of guy wires for WTGs is disfavored. A WTG using guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.
H. 
Microwave links. No WTG shall be installed in any location along the major axis of an existing microwave or other communications link where its operation is likely to interfere in the link's operation. If it is determined that a WTG is interfering with a microwave or other communications path, the WTG operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy interference with existing microwave or other communications links is grounds for revocation of the wind energy permit for the specific WTG causing the interference.
I. 
Waste removal. 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.
J. 
Clearing. Wind energy facilities shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided when feasible. The use of previously developed areas will be given priority wherever possible.
K. 
Wildlife. WTGs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity, particularly bird and bat species.
L. 
Wetlands. Wind energy facilities shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.
M. 
Stormwater. Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
N. 
Construction times. Construction of the wind energy facilities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. except for certain activities that require cooler temperatures than possible during the day, subject to approval from the Town.
A. 
Controls. Each WTG shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
B. 
Minimum blade height. The minimum distance between the ground and any part of the rotor or blade system shall be 20 feet.
C. 
Signs. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. The Town Board may require additional signs based on safety needs.
D. 
Climbing pegs. No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole or guyed towers.
E. 
Access control. WTGs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.
A. 
Traffic routes.
(1) 
Construction and delivery vehicles for WTGs and wind energy facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:
(a) 
Minimizing traffic impacts from construction and delivery vehicles;
(b) 
Minimizing WTG-related traffic during times of school bus activity;
(c) 
Minimizing wear and tear on local roads; and
(d) 
Minimizing impacts on local business operations.
(2) 
Wind energy permit conditions may limit WTG-related traffic to specified routes, and include a plan for disseminating traffic route information to the public.
B. 
Road remediation. The applicant shall be responsible for remediation of damaged roads upon or if necessary during the construction of or completion of the installation of WTG. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Town Board, sufficient to compensate the Town for any damage to local roads that is not corrected by the applicant.
A. 
Sound levels. The statistical sound pressure level generated by a WTG shall not exceed L10 - 50 dBA measured at the nearest residence located off the site. Sites can include more than one piece of property and the requirement shall apply to the combined properties. If the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus 6 dBA.
B. 
Setbacks. Each WTG shall be located with the following minimum setbacks, as measured from the center of the WTG:
(1) 
From off-site residences, measured from the exterior of such residence: 1,000 feet.
(2) 
From the nearest site boundary property line: 1.1 times the WTG total height.
(3) 
From the right-of-way of all public roads: 1.1 times the WTG total height.
(4) 
From aboveground utilities: 1.1 times the WTG total height unless waived by the utility companies.
(5) 
From off-site permanent structures: 1.5 times the WTG total height.
(6) 
From state-identified wetlands as measured from any part of the base or foundation: 100 feet.
A. 
In the event a wind energy facility does not meet a setback requirement or exceeds noise or other criteria established in this chapter as it existed at the time the wind energy permit is granted, a waiver will be granted from such requirement by the Town Board in the following circumstances:
(1) 
Written consent from the affected property owners has been obtained stating that they are aware of the wind energy facility and the noise and/or setback limitations imposed by this chapter, and that consent is granted to i) allow noise levels to exceed the maximum limits otherwise allowed, or ii) allow setbacks less than required; and
(2) 
In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, has been recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WTG in accordance with this article, or the acquisition of the burdened parcel by the owner of the benefited parcel or the WTG.
B. 
Waivers granted under this section differ from waiver requests under Article IV of this chapter in that no Article IV waiver is required if a waiver is given under this section, and an Article IV waiver must be sought rather than a waiver under this section if the adjoining property owner will not grant an easement pursuant to this section.
A. 
Upon completion of the review process, the Town Board shall, upon consideration of the standards in this chapter and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval, or disapproval fully stated.
B. 
If approved, the Town Board will direct the Town Clerk to issue a wind energy permit upon satisfaction of all conditions for said permit, and direct the Building Inspector to issue a building permit, upon compliance with the Uniform Fire Prevention and Building Code and the other preconstruction conditions of this chapter.
C. 
The decision of the Town Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first class mail.
A. 
Wind flow. Nothing in this chapter shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. 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 wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
B. 
Easements on Town property. 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 or local law.
A. 
Operation. A WTG shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions.
B. 
Violations of permit conditions. Should a WTG violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town Board. The applicant shall have 90 days after written notice from the Town Board to cure any deficiency, and the Town Board may grant extensions of the ninety-day cure period.
C. 
Public hearing and remedial action. Notwithstanding any other abatement provision under this chapter, if the WTG is not brought into permit compliance after said notice, the Town Board may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, i) order either remedial action within a particular time frame, or ii) order revocation of the wind energy permit for the WTG and require the removal of the WTG within 90 days. If the WTG is not removed, the Town Board shall have the right to use the security posted as part of the decommission fund to remove the WTG.
D. 
Inoperative WTG. If any WTG remains nonfunctional or inoperative for a continuous period of one year, the applicant agrees that, without any further action by the Town Board, the applicant shall remove said WTG.
(1) 
This provision shall not apply if the applicant demonstrates to the Town that it has been making good-faith efforts to restore the WTG to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.
(2) 
WTG nonfunction or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. Upon request of the Town Board, the applicant shall make available (subject to a nondisclosure agreement) to the Town Board all reports to and from the purchaser of energy from individual WTG necessary to prove the WTG is functioning, which reports may be redacted as necessary to protect proprietary information.
E. 
WTG removal and remediation. WTG removal shall include removal of all aboveground equipment, removal of foundations to a depth of three feet below grade, restoration of soil conditions and restoration of vegetation to be consistent and compatible with surrounding vegetation.
F. 
Decommissioning fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town, in a form approved by the Town for the removal of inoperative WTGs, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution.