A small WECS meeting the requirements of this article may be
installed on any parcel or grouping of parcels which either singly
or in combination is of sufficient size.
A.
Small WECS applications shall be deemed Type I actions requiring
coordinated review under SEQRA.
B.
Application contents. Applications for a wind energy permit shall
include:
(1)
Name, address, and telephone number of the applicant. If the
applicant will be represented by an agent, the name, address and telephone
number of the agent, as well as an original signature of the applicant
authorizing the agent to represent the applicant, are required.
(2)
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 the property owner is familiar with the proposed applications
and authorizing the submission of the application.
(3)
Address of each proposed WECS site, including Tax Map section,
block and lot number.
(4)
Evidence that the proposed turbine height does not exceed the
height recommended by the manufacturer or distributor of the WECS.
(5)
A line drawing of the electrical components of the WECS in sufficient
detail to allow for a determination that the manner of installation
conforms to the Electric Code.
(6)
Sufficient information demonstrating compliance with the standards
for small WECS.
(7)
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 in the application,
to connect the system to the electricity grid.
(8)
A visual analysis of the small WECS as installed, which may
include a computerized photographic simulation, demonstrating the
visual impacts form 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.
(9)
Cost estimate to decommission, together with the method to secure
decommissioning cost (i.e., bond or letter of credit, subject to sole
discretion of the Town of New Hartford).
(10)
A completed EAF.
(11)
General Municipal Law § 809 disclosure form.
(12)
Such other information as the Town Board may reasonably require.
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 at a regularly scheduled meeting.
B.
Escrow agreement. The Town shall require the applicant to fund an
escrow agreement to cover the amount by which the Town's cost
to review the applicant's application(s) exceeds the application
fees paid by the applicant.
C.
Application submittal. Six copies of the application shall be submitted
to the CEO.
D.
Application sufficiency review. The CEO or Town-designated consultants
shall, within 30 days of receipt, or such longer time as agreed to
by the applicant, determine if all information required by 6 NYCRR
617.3 and all financial agreements required under this article are
included in the application.
(1)
Unless the Town Board waives any application requirement, no
application shall be considered until deemed sufficiently complete.
(2)
If the application is deemed insufficient, 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 small
WECS proposed is increased.
E.
Board receipt of applications. Upon submission of a sufficient application,
which may include a request for waiver by the Town Board, the CEO
shall transmit the application to the Town Board.
F.
Public hearing. When the application is determined to be complete,
the Town Board shall hold at least one public hearing on the application.
(1)
The applicant shall provide notice of the public hearing by
registered mail, return receipt, to property owners of parcels located
wholly or partially within a one-half-mile radius of the proposed
small WECS site; and shall publish a notice in the Town's official
newspaper, no less than 10 nor more than 20 days before any hearing;
but where any hearing is adjourned by the Town Board to hear additional
comments, no further publication or mailing shall be required. The
applicant shall prepare, publish and mail the notice of public hearing
prepared by the Town and shall submit an affidavit of service. 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. A full statement of the proposed action
for the project shall also be given to the Oneida County Planning
Board, if applicable per General Municipal Law §§ 239-l
and 239-m.
H.
SEQRA review. Small WECS applications shall be deemed Type I action
projects requiring coordinated review under SEQRA.
I.
No segmentation. The applicant shall disclose the full scope of planned
numbers of wind energy conversion systems and shall not segment the
application for purposes of reducing the apparent significance of
proposed plans. Where the lead agency has reason to believe that the
ultimate scope of the project might exceed that which is actually
proposed by an applicant at one time, it shall conduct its review
and base its findings on the larger potential scope.
J.
Application decision. Upon receipt of the recommendation of the Oneida
County Planning Board, if required, the holding of the public hearing,
and the completion of the SEQRA process, the Town Board may, within
30 days, approve, approve with conditions, or deny the application.
All small WECS shall comply with the following standards:
A.
A small WECS shall be located on a lot a minimum of two acres in
size, except that in Agricultural Districts there may be up to three
units, maximum, on parcels as long as there are at least two acres
designated for each unit.
B.
Only one small WECS (plus, where authorized, a temporary wind measurement tower) per legal lot shall be allowed except as set forth in Subsection A above. Where there are multiple applicants, their joint lots shall be treated as one lot for purposes of this limitation. No such towers shall be permitted in residential-zoned districts.
C.
Small WECS shall be used primarily to reduce the on-site consumption
of utility-provided electricity.
E.
The allowed height shall be reduced if necessary to comply with all
applicable Federal Aviation Administration requirements, including
Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of
the Code of Federal Regulations.
F.
The maximum allowable nameplate rating is 50 kW.
G.
The WECS shall be painted a nonreflective, unobtrusive color that
blends the WECS and its components into surrounding landscape to the
greatest extent possible and shall incorporate nonreflective surfaces
to minimize any visual disruption.
H.
The WECS shall be designed and located in such a manner as to minimize
adverse visual impacts from strategic vantage points.
I.
Exterior lighting on any structure associated with the WECS shall
not be allowed except that which is specifically required by the Federal
Aviation Administration.
J.
All on-site electrical wires associated with the small WECS shall
be installed underground 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 Town Board if the project terrain
is determined to be unsuitable due to reasons of excessive grading,
biological impacts, or similar factors.
K.
A detailed decommissioning plan shall be provided at the time of
initial application, subject to the approval of the Town Board.
L.
The WECS shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a small WECS
is causing harmful interference, the small WECS operator shall promptly
mitigate the harmful interference or cease operation of the small
WECS.
M.
At least one sign shall be posted on the small WECS 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 anywhere on the small WECS, except that a manufacturer's
logo may be in an unobtrusive manner.
N.
Towers shall be constructed to provide one of the following means
of access control, or other appropriate method of access:
O.
Anchor points for any guy wires for a tower shall be located within
the site that the small WECS 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.
P.
Construction of on-site access roadways shall be minimized. Temporary
access roads utilized for initial installation shall be regraded and
revegetated to the preexisting natural condition after completion
of installation.
Q.
To prevent harmful wind turbulence from existing structures, the
minimum height of the lowest part of any horizontal axis wind turbine
blade shall be at least 30 feet above the highest structure or tree
within a radius of 250 feet. Modification of this standard may be
made when the applicant demonstrates that a lower height will not
jeopardize the safety of the wind turbine structure.
R.
All WECS shall be designed and constructed to be in compliance with
pertinent provisions of the Uniform Fire Protection and Building Code
and the National Electric Code.[1]
S.
All small WECS shall be equipped with manual and automatic over-speed
controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by
the manufacturer.
T.
No small WECS shall be placed so as to:
A small WECS shall comply with the following standards:
A.
Setback requirements. A small WECS shall not be located closer to
a property line than 1 1/2 times the turbine height of the WECS
or 10 times the rotor diameter, whichever is greater.
B.
Noise. Except during short-term events, including utility outages
and severe wind storms, a small WECS shall be designed, installed,
and operated so that the sound pressure level (Leq) generated by a
small WECS shall not exceed 45 dBA in daytime hours or 35 dBA at night,
as measured at the nearest off-site residence existing at the time
of approval (including structures under construction at said time),
nor more than 6 dBA greater than either the nighttime or daytime preapplication
background sound level measured in leaf-off conditions for a period
of no less than 24 hours. Measurement of background sound may also
be performed with the turbine turned off and with its blades trimmed
to minimize noise from aerodynamic effects.
A wind energy permit may be renewed for additional periods of
not more than five years each, upon satisfaction of the following
conditions:
A.
The applicant submits an application for renewal of a wind energy
permit to the CEO prior to the expiration of any previous permit.
Such application stays the expiration of the previous permit until
the Town Board decision.
B.
Payment of a fee.
C.
Decommissioning cost estimates are updated to reflect changes in
the producer price index and the financial security vehicle is adjusted
accordingly.
D.
The applicant shall provide written notice of intent to renew the
wind energy permit via registered mail, return receipt, to the owners
of all parcels located wholly or partially within a radius of 1,000
feet of any small WECS and shall publish notice of intent in the Town's
official newspaper.
E.
Following receipt of a sufficient application for wind energy permit
renewal, the Town Board shall schedule a public hearing. The applicant
shall provide notice of the public hearing by registered mail, return
receipt, to property owners within 1/2 mile of the small WECS site
and shall publish a notice in the Town's official newspaper,
no less than 10 nor more than 20 days before any hearing; but, where
any hearing is adjourned by the Town Board to hear additional comments,
no further publication or mailing shall be required. The applicant
shall prepare, publish and mail the notice of public hearing prepared
by the Town and shall submit an affidavit of service. The assessment
roll of the Town shall be used to determine mailing addresses.
F.
A public hearing is held.
G.
Town Board decision. After careful consideration of the application
and the compliance or noncompliance of the applicant with the terms
of the wind energy permit, the Town Board may elect to renew, not
renew or renew with conditions the wind energy permit for a period
of not more than five years. Should the applicant disagree with the
decision of the Town Board, the applicant may petition the Town Board
within 30 days of its decision and, upon request, shall be entitled
to a hearing before the Town Board to be heard and present any evidence
or witnesses as the applicant may desire. Following the hearing, the
Town Board may reconsider the application within 30 days and if the
permit is now renewed or renewed with conditions, shall provide a
written rationale for its decision. Should the wind energy permit
not be renewed, the wind energy facility shall be decommissioned following
the requirements of this chapter.
A.
A small WECS which is not used for 12 successive months shall be
deemed abandoned and shall be dismantled and removed from the property
within 12 additional months, at the expense of the property owner.
Failure to abide by and faithfully comply with this section or with
any and all conditions that may be attached to the granting of any
building permit shall constitute grounds for the revocation of the
permit by the Town of New Hartford.
B.
All small WECS shall be maintained in good condition and in accordance
with all requirements of this chapter.
A.
Operation. All state WECS shall be maintained in good condition and
in accordance with all requirements of this chapter.
B.
Removal. A small WECS which is not used for a continuous period of
one year shall be deemed abandoned and shall be dismantled and removed
from the property at the expense of the property owner. Failure to
abide by and faithfully comply with this section or with any and all
conditions that may be attached to the granting of any building permit
shall constitute grounds for the revocation of the permit.
