Town of Bath, NY Article IV Small Wind Turbine Generators

§ 118-23 Purpose and intent.

The purpose of this article is to provide standards for small WTGs designed for home, farm and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of this article is to encourage the development of small wind energy systems and to protect the public health, safety and community welfare.

§ 118-24 Applications.

Applications for small WTG wind energy permits shall include:

A. 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.

B. 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:

(1) Confirming that the property owner is familiar with the proposed applications; and

(2) Authorizing the submission of the application.

C. Site information. Address of each proposed tower location, including tax map section, block and lot number.

D. Height information. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

E. Electrical drawing. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Uniform Fire Prevention and Building Code.

F. Electric use. Sufficient information demonstrating that the system will be used primarily to reduce consumption of electricity at that location.

G. Utility notice. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid.

H. Visual analysis. A visual analysis of the small WTG as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.

§ 118-25 Development standards.

All small WTGs shall comply with the following standards. Additionally, such systems shall also comply with all the requirements established by other sections of this article that are not in conflict with the requirements contained in this section.

A. Lot size. A system shall be located on a lot a minimum of 0.8 acre in size; however, this requirement can be met by multiple owners submitting a joint application.

B. Number. Two small wind energy system towers per legal lot shall be allowed, unless there are multiple applicants, in which case their joint lots shall be treated as one lot for purposes of this article.

C. Use. Small wind energy systems shall be used primarily to reduce the on-site consumption of electricity.

D. Height. Tower heights may be allowed as follows:

(1) Sixty-five feet or less on parcels between one and five acres.

(2) Eighty feet or less on parcels of five or more acres.

(3) The allowed height shall be reduced if necessary to comply with all applicable federal aviation requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

E. Output. The maximum turbine power output is limited to 10 kW.

F. Color. The system's tower 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 incorporate nonreflective surfaces to minimize any visual disruption.

G. Visual impact. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas.

H. Lighting. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

I. Electric lines. All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and the public utility company transmission poles, towers and lines. This standard may be modified by the decision maker if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts or similar factors.

J. Electromagnetic interference. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.

K. Signs. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be 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 a system generator housing in an unobtrusive manner.

L. Access control. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:

(1) Tower climbing apparatus located no closer than 12 feet from the ground.

(2) A locked anti-climb device installed on the tower.

(3) A locked, protective fence at least six feet in height that encloses the tower.

M. Anchors. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three feet to eight feet above the ground.

N. Code compliance. All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Fire Prevention and Building Code.

O. Controls. All small wind energy systems shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer.

§ 118-26 Setback and noise standards.

A small wind energy system shall comply with the following standards:

A. Setbacks. A small WTG shall not be located closer to a property line than 1.1 times the total height of the small WTG and 1.5 times to the nearest off-site permanent structure.

B. Noise. Except during short-term events, including utility outages and severe wind storms, a small WTG shall be designed, installed and operated so that noise generated by the system shall not exceed 50 decibels (dBA), as measured at the closest neighboring inhabited dwelling.

§ 118-27 Operation and maintenance.

All small WTG shall be maintained in good condition and in accordance with all requirements of this section.