[HISTORY: Adopted by the Town Board of the Town of Sullivan 10-1-2008 by L.L. No. 5-2008. Amendments noted where applicable.]
The people of the State of New York have in the New York State
Constitution, Article IX, Section 2, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and the general welfare of its citizenry.
More particularly, Municipal Home Rule Law of the State of New York
at § 10 grants to local governments the power to adopt and
amend local laws.
The Town of Sullivan (the "Town") through this chapter and the
terms, provisions, requirements and conditions contained within it
(collectively referred to herein as "these regulations") seeks to
promote the nonpolluting, efficient use of small wind energy systems
installed to reduce the on-site consumption of utility supplied electricity.
The Town contains areas with suitable, sustainable winds necessary
to meet the thresholds of current wind to electricity conversion technologies.
The intent of these regulations is to provide guidelines for the site,
construction and operation of on-site-use wind energy facilities,
subject to reasonable restrictions, which will preserve the public's
interest in health, safety, and character of the landscape. These
regulations are limited to small, on-site-use wind energy systems
and do not address large-scale commercial wind turbines or wind farms
intended to sell energy to power companies. All purposed on-site-use
systems require a special use permit from the Planning Board of the
Town of Sullivan prior to construction and operation within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
The Federal Aviation Administration.
The height of the structure from the base to the furthest
extension of the WECS, including tower, rotor and blades.
A wind energy conversion system device capable of producing
100 kw or less of electrical energy to be used principally upon the
same site.
A mechanism used to limit the speed of the windmill's blades
below design limitations of the WECS.
The Planning Board of the Town of Sullivan.
The parcel of land on which the WECS is to be placed.
Any location from which a WECS is visible.
A device that converts the kinetic energy in the wind into
electrical energy, commonly referred to as a "wind turbine" or "windmill."
This system includes all parts of the windmill and supporting equipment.
A.Â
Safety requirements.
(1)Â
The minimum distance between the ground and any part of the rotorblade
apparatus shall be 20 feet.
(2)Â
Wind turbine towers shall not be climbable up to 15 feet above the
ground.
(3)Â
All access doors to the wind turbine towers and electrical equipment
shall be lockable.
(4)Â
Appropriate warning signage shall be located on towers, electrical
equipment and WECS entrances. No signage shall be placed upon WECS
structures other than those pertaining to safety.
(5)Â
Use the minimum lighting necessary for safety and security purposes
and use techniques to prevent casting a glare from the site except
as otherwise may be required by the FAA or other applicable authority.
(6)Â
A wind turbine shall possess an overspeed control to protect the
integrity of the device.
(7)Â
Prior to issuance of a building permit, the applicants shall provide
the Town proof of a level of insurance to be determined by the Town
Board in consultation with the Town's insurer to cover damage
or injury that may result from failure of any part of the WECS.
(8)Â
Any WECS found to be unsafe by the Code Enforcement Officer shall
be immediately repaired by the owner. Failure to correct unsafe conditions
immediately will result in a revocation of the SUP and an order to
remove WECS device from the property.
(9)Â
WECS devices not operable for 12 consecutive months are to be removed
from the site. The owner may petition the Town as to circumstances
that the request for removal should not be enforced.
B.Â
Site requirements.
(1)Â
Use existing roads to provide access to the facility site or if new
roads are necessary minimize the impact upon the environment due to
construction and site location.
(2)Â
All wiring between WECS on-site use and electrical power utility
must be underground.
(3)Â
WECS connected to the electrical utility system shall conform to
all of the electrical utility's current service regulations.
(4)Â
Location of WECS on property fronting Oneida Lake between the shoreline
(including the water itself) and the residence or principle structure
is prohibited. WECS devices proposed for lakefront properties must
be located behind the front line of the residence or principle structure
towards the rear of the lot.
(5)Â
WECS devices are permitted in all zones. The principle use of the
property may be residential, business or agricultural.
C.Â
Setbacks requirements.
(1)Â
WECS shall be set back a distance equal to 110% of the height from
adjacent property lines, public road right-of-ways or existing aboveground
public electric or telephone lines.
(2)Â
Maximum height of WECS shall be 150 feet, except within 600 feet
of the shoreline of Oneida Lake where the max height shall be 80 feet.
D.Â
Nuisance prevention requirements.
(1)Â
Audible noise due to WECS operations shall not exceed 50 dBa for
any period of time when measured at any adjacent residence or habitable
facility existing on the date of approval.
(2)Â
Mitigation on the part of the applicant is required for any interference
with any electromagnetic communication signals caused by the WECS.
(3)Â
No WECS shall be installed in any location where it will interfere
with the reception or transmission of radio, television or wireless
communication systems.
E.Â
Environmental/visual requirements. The design of the WECS, to the
extent reasonably possible, shall use materials, colors, textures,
screening and landscaping that will blend the facility into the natural
setting and existing viewshed. Towers shall be designed and located
in order to minimize adverse visual impacts upon neighboring residential
areas to the greatest extent feasible.
In addition to the SUP application, the applicant must provide
the Planning Board with the following information:
A.Â
Site plan information:
B.Â
Drawings and specifications of proposed WECS device.
C.Â
Structural drawings prepared by the engineer of the tower, including
foundation and wiring design as applicable.
D.Â
Evidence that the overspread control is appropriate for the WECS
device being proposed.
E.Â
Information on the sound levels generated by proposed WECS.
F.Â
The Planning Board in its review may request further information
from the applicant as deemed necessary to clarify the application.
These requests may include, but are not limited to, the description
of the viewshed with photographs and topographic maps and ambient
sound level data.
G.Â
The applicant should provide quantitative data or anecdotal evidence
that support the sites of the proposed WECS as feasible according
to current design conditions.
The Town recognizes the variability in wind conversion devices,
lot sizes, lot layouts, topography, residential densities and wind
variability within a small geographic area. Flexibility is necessary
to maximize the energy potential at each site. Therefore, the Planning
Board in its review may waive or seek mitigation, based upon supporting
documentation, conditions or standards set forth in these regulations.
Any waiver or mitigation must be in the spirit of these regulations
and not increase the likelihood of an adverse impact upon adjacent
properties or the community as a whole.