[HISTORY: Adopted by the Town Board of the
Town of Southold as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 280.
[Adopted 7-17-2007 by L.L. No. 15-2007]
As used in this article, the following terms
shall have the meanings indicated:
A wind energy conversion system consisting of a wind turbine
(not to exceed 125 kilowatts of production), a tower, and associated
control or conversion electronics, which has a rated capacity intended
primarily to reduce on-site consumption of utility power.
[Amended 5-24-2011 by L.L. No. 6-2011]
The height above grade of the fixed portion of a tower that
is part of a small wind energy system, exclusive of the wind turbine.
Applications for small wind energy systems shall
be submitted to the Town of Southold Building Department and shall
include:
A.
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.
B.
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.
C.
Address of each proposed tower site, including Tax
Map section, block and lot number.
D.
Evidence that the proposed tower height does not exceed
the height recommended by the manufacturer or distributor of the system.
E.
A plot plan at a scale of one inch equals 100 feet
depicting the limits of the fall zone, distance from structures, property
lines, public roads and projected noise levels (decibels [dba]) from
the small wind energy system to the nearest occupied dwellings.
F.
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 Electric Code.
G.
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.
A.
Tower height. Tower height shall not exceed 120 feet.
To prevent harmful wind turbulence to the small wind energy system,
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 two-hundred-fifty-foot radius. 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.
B.
Setbacks. Notwithstanding the provisions of the Bulk
Schedule,[1] the following standards shall apply to small wind energy
systems:
(1)
A small wind energy system shall be set back from
a property line a distance no less than the total height of the small
wind energy system plus 10 feet, except that it shall be set back
at least 300 feet from a property line bordering an existing residential
structure. In no instance shall the small wind energy system be closer
than 100 feet to a property line.
(2)
No part of the wind system structure, including guy
wire anchors, may extend closer than 10 feet to the property boundaries
of the installation site.
(3)
A small wind energy system shall be set back from
the nearest public road or right-of-way a distance no less than the
total height of the small wind energy system plus 10 feet, and in
no instance less than 100 feet.
C.
Noise. Small wind energy systems shall not exceed
60 dba, as measured at the closest neighboring inhabited dwelling
at the time of installation. The level, however, may be exceeded during
short-term events such as utility outages and/or severe wind storms.
D.
Approved wind turbines. Small wind turbines must have
been approved under the Small Wind Certification Program recognized
by the American Wind Energy Association and/or NYSERTA.
E.
Compliance with Uniform Building Code. Building permit
applications for small wind energy systems shall be accompanied by
standard drawings of the wind turbine structure, including the tower,
base, and footings. An engineering analysis of the tower showing compliance
with the Uniform Building Code and certified by a licensed professional
engineer shall also be submitted. This requirement may be satisfied
by documentation presented by the manufacturer.
F.
Compliance with National Electric Code. Building permit
applications for small wind energy systems shall be accompanied by
a line drawing of the electrical components in sufficient detail to
allow for a determination that the manner of installation conforms
to the National Electric Code. This requirement may be satisfied by
documentation supplied by the manufacturer.
G.
Compliance with FAA regulations. Small wind energy
systems must comply with applicable FAA regulations, including any
necessary approvals for installations close to airports. The allowed
height shall be reduced to comply with all applicable Federal Aviation
Administration requirements, including Subpart B (commencing with
§ 77.11) of Part 77 of Title 14 of the Code of Federal Regulations,
regarding installations close to airports.
H.
Utility notification. No small wind energy system
shall be installed until evidence has been given that the utility
company has been informed of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
A.
Exterior lighting on any structure associated with
the system shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
B.
The system's tower and blades shall be 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.
C.
All on-site electrical wires associated with the system
shall be installed underground, except for tie-ins to a public utility
company and public utility company transmission poles, towers and
lines.
D.
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.
E.
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.
F.
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.
G.
Towers shall be constructed to provide one of the
following means of access control or other appropriate method of access:
H.
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 sheathed
in a bright orange or yellow covering from three feet to eight feet
above the ground.
I.
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.
[Amended 8-29-2023 by L.L. No. 23-2023]
The Building Department fee for small wind energy
system applications shall be established by resolution of the Town
Board.
All small wind energy systems which are not
used for 12 successive months 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 by the Building Department.
A.
The Town Board shall appoint such Town staff or outside
consultants as it sees fit to enforce this article. Notwithstanding
such appointment, the Building Inspector, Code Enforcement Officer
and Town Attorney shall have authority to enforce this article.
B.
Any person owning, controlling or managing any building,
structure or land who shall undertake a wind energy conversion facility
or wind-monitoring tower in violation of this article or in noncompliance
with the terms and conditions of any permit issued pursuant to this
article, or any order of the Enforcement Officer, and any agent who
shall assist in so doing, shall be guilty of an offense and subject
to a fine of not more than $1,000 or to imprisonment for a period
of not more than 30 days, or subject to both such fine and imprisonment.
Every such person shall be deemed guilty of a separate offense for
each week such violation shall continue. The Town may institute a
civil proceeding to collect civil penalties in the amount of $1,000
for each violation, and each week said violation continues shall be
deemed a separate violation.
C.
In case of any violation or threatened violation of
any of the provisions of this article, including the terms and conditions
imposed by any permit issued pursuant to this article, 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.
