[Added 11-1-2022 by L.L. No. 6-2022]
This article shall be known as the "Town of Seneca Fails Anaerobic
Digester Local Law."
This article is enacted pursuant to the authority conferred upon the Town Board by Article IX of the New York State Constitution, Municipal Home Rule Law § 10, New York Town Law § 130, and the zoning powers conferred by Article 16 of the Town Law.
As used in this article, the following terms shall have the
meanings indicated:
A facility the main purpose of which is to use anaerobic
digestion to convert livestock and poultry manure (primary catalyst)
and feedstock into biogas, as to manage livestock and poultry manure.
Anaerobic digesters may include codigestion in which the livestock
and poultry manure may be mixed with other organic materials (secondary
catalysts).
A series of processes in which microorganisms break down
biodegradable material in the absence of oxygen, used for industrial
or domestic purposes to manage waste and release energy.
The person or entity filing application under this article.
A fuel consisting of methane, carbon dioxide and small amounts
of water and other compounds produced as a result of anaerobic digestion.
Anaerobic digestion of multiple biodegradable materials.
Any material which may be converted to methane gas by the
process of anaerobic digestion. Nothing contained in this definition
shall be construed to permit the use of any material generated off-site
in small anaerobic digesters as defined and regulated herein.
An anaerobic digester which accepts animal waste, feedstock,
and/or other organic waste generated off-site or from more than one
farm. It is noted that any system with a nameplate generating capacity
of 25 megawatts or more is subject to the requirements, terms and
conditions of Article 10 of the New York State Public Service Law.
An anaerobic digester primarily intended to reduce on-site
codigestion and off-site consumption of utility power. Small anaerobic
digesters use livestock and poultry manure and other feedstock generated
on-site by one farm and are designed and intended solely to generate
power to offset utility costs. Small anaerobic digesters may include
codigestion.
Small anaerobic digester systems are permitted as an accessory
use to farming operations in any zone where agricultural uses are
permitted subject to the definition of "small anaerobic digester"
as set forth above and also to the following:
A.
Setbacks and lot requirements.
(1)
Small anaerobic digesters are permitted only on lots of 10 acres
or more.
(2)
Small anaerobic digesters shall not be located within 100 feet
of any side property line, 100 feet of any rear property line, 500
feet from any residential structure other than that of the property
owner and 150 feet from any public road right-of-way. For purposes
of this subsection, the term "property owner" shall include any person
or persons who own such residential structure and who also have an
ownership interest in any corporation, limited liability company,
partnership or other entity which owns the farm property and/or operation.
There shall be no discharge of any kind on any such road right-of-way.
B.
Small anaerobic digester permit. The installation of a small anaerobic
digester shall require a small anaerobic digester permit and building
permit from the Code Enforcement Officer.
C.
Design and installation. The permit applicant shall address and document
performance standards for siting to minimize impacts on neighboring
properties which shall include considerations of:
D.
The application shall be accompanied by documentation from a person
qualified to design and install the proposed system, explaining all
details of construction, operation, maintenance and necessary controls
related to the system.
E.
Anaerobic digester systems shall be designed and constructed in compliance
with the regulations and guidelines of the New York State Department
of Environmental Conservation and any amendments, revisions, supplements,
and successors thereto.
F.
Anaerobic digester systems shall be designed and constructed in compliance
with all applicable local, state, and federal laws, codes and regulations.
Evidence of such compliance and of all federal and state agencies'
required approvals shall be included with the application.
G.
Utility notification. No anaerobic digester system shall be installed
until evidence has been provided that the electric utility company
has been informed of the applicant's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
A.
Statement of legislative findings.
(1)
The Town Board finds that there are a number of concerns and
negative factors concerning the operation of large anaerobic digesters.
While small anaerobic digesters as defined above are an accessory
use to and a normal part of handling animal and other organic waste
incidental to farming, large anaerobic digesters involve factors which
concern the Town Board on a much larger scale.
(2)
These factors include the presence of pathogens and the difficulty
of monitoring the source of such pathogens when waste is brought in
from off-site. They also include odor and noise from operation of
the facility, truck traffic and the potential that waste material
would be hauled through residential areas or spilled on public highways,
and the emission of greenhouse gases, nitrogen, sulfur oxides, carbon
monoxide, ammonia and particulate matter on a much larger scale than
with small anaerobic digesters.
(3)
The Town Board finds that these concerns and factors render
large anaerobic digesters to be an unsuitable use within the Town
of Seneca Falls.
The Town Board may by resolution establish a fee or fee structure
for the receipt and review of any application filed under this article.
