Town of Bath, NY Article VI Fees; Enforcement and Penalties

§ 118-29 Fees.

A. Wind energy permits. Nonrefundable application fees shall be as follows:

(1) WTG wind energy permit: $3,000 per megawatt of rated maximum capacity.

(2) Wind measurement towers wind energy permit: $200 per tower.

(3) Small WTG wind energy permit: $150 per WTG.

(4) Wind measurement tower wind energy permit renewals: $200 per tower.

B. Building permits. The Town believes the review of building and electrical permits for wind energy facilities requires specific expertise for those facilities. Accordingly, the permit fees for such facilities shall be pursuant to the Board resolution for implementation of the Construction Code, plus the amount charged to the Town by the outside consultant hired by the Town to review the plans and inspect the work. In the alternative, the Town and the applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities. In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct inspections as agreed by the parties.

C. Host community agreements. Northing in this chapter shall be read as limiting the ability of the Town to enter into host community agreements with any applicant to compensate the Town for expenses or impacts on the community.

§ 118-30 Enforcement; penalties for offenses; remedies for violations.

A. Staff. The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this chapter.

B. Penalties. Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy 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 enforcement officer, and any person who shall knowingly assist in so doing, shall be guilty of an offense and subject to a fine of not more than $500 per week per violation up to four weeks; and then, if continuing, up to $1,000 per week per violation. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. In addition to fines, the Town may institute a civil proceeding to collect civil penalties in the amount of $500 for each violation and each week said violation continues shall be deemed a separate violation.

C. Other remedies. 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 chapter, in addition to other remedies and penalties herein provided, the Town 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.