TOWN OF YATES BOARD MEETING AND PUBLIC HEARING

MAY 8,2008

 

 

The Public Hearing meeting was called to order by the Supervisor at 7:00 P.M.,at The Town of Yates Town Hall 8 South Main Street, Lyndonville, NY 14098

 

 

THOSE OFFICERS PRESENT:  Russell Martino- Supervisor

                                                      Jerry Rutledge- Councilman

                                                      John Belson- Councilman

                                                      Bradley Bentley,Councilman

      Ricky Harmer-Councilman

                                                      Roger W. Wolfe-Highway/WaterSuperintendent

                                                      Brenda Donald- Town Clerk

                                                      Michele Harling- Assessor

                                                      David Schubel- Attorney

 

OTHERS:                                     Paul Lauricelli- Resident

     Phil Zimmerman-property owner

      Larry Wolfe- Resident

                                                     

 

 

 

Privilege of the Floor:

 

Paul Lauricella –said he read about the study to consolidate the village and town he asked if this would be feasible?

 

Supervisor Martino said it could be very feasible.  That this was just a study about merging,   If a merge went thru it would eliminate the Mayor and some Board members .  If the study comes back that a merger is feasible the Village would have to vote on it the Town would have no vote.

 

 

 

RESOLUTION NO.60-5/08

 

RESOLUTION TO ACCEPT MINUTES

 

Resolved to accept the minutes of the April Board meeting as presented to each Board Member.

 

Offered by Councilman Belson who moved its adoption.

Seconded by Councilman Bentley

 

Adopted. 5 ayes; 0 nays  

 

 

A public hearing was held at the Town Hall 8 South Main Street Lyndonville NY on April 10,2008

 

 

RESOLUTION NO 61-5/08

RESOLUTION FOR NEGATIVE DECLARATION FOR LOCAL LAW NO.1 of 2008

 

WHEREAS, the Town Board of the Town of Yates has considered the proposed Local Law No 1 of 2008, the Wind Energy Facilities Law of the Town of Yates, New York (the “Local Law”):and

 

WHEREAS, the Local Law is an Unlisted Action and the Town Board is conducting its review of the application pursuant to the State Environmental Quality Review act (SEQRA): and

 

WHEREAS, the Town Board of the Town of Yates has duly considered the Short Environmental Assessment Form, the proposed Local Law in its entirety, and the criteria for determining significance set forth in 6N.Y.C.R.R.& 617.7© of the SEQRA regulations, the comments made at the April 10,2008 public hearing, and such other information deemed appropriate: and

 

 WHEREAS,the Town Board has identified the relevant areas of environmental concern, has taken a hard look at these areas, and had made a reasoned elaboration of the basis for its determination.

 

NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Yates as follows:

 

1-     The Town Board declares that the proposed Local Law No.1 of 2008 will not result in any large and important impacts, and therefore, the approval of the Local Law  does not include the potential for any significant adverse environmental impacts.  Accordingly, the Town Board issues the attached negative declaration under SEQRA for Local Law.

2-     The reasons for the decision are stated in the attached negative declaration.

3-     This resolution shall be effective immediately.

 

Offered by Councilman Bentley who moved its adoption

Seconded by Councilman Harmer

 

Adopted. 5 ayes:0nays

 

 

 

 

NEGATIVE DECLARATION

Determination of Non-Significance

 

 

Town of Yates Town Board                                                   Dated: May 8, 2008

 

 

            This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

 

            The Town of Yates Town Board (the “Town Board”), as lead agency, has reviewed the proposed Local Law No.1 of 2008 which adopts regulations for wind facilities for the first time, and had determined that the proposed local law will not have a significant adverse environmental impact and that a Draft Environmental Impact Statement will not be prepared.

 

Name of Action:         Local Law No. 1 of 2008, Wind Energy Facilities Law of the Town of Yates, New York.

 

Location of Action:    This legislation creates procedures and regulations, therefore no specific site is involved.  Currently, Wind Energy facilities of any size can be placed by in any location in Town.

 

SEQR Status:             Unlisted Action.

 

Description of Action:  No specific site is involved and facility is permitted.  The proposed action involves the amendment of Town Code by creating specific regulations for Wind Energy Facilities.  The areas where they can be placed is reduced, setbacks are created, noise limits are created, as well as operating and safety requirements, and post-use removal requirements.

 

Reasons Supporting this Determination: Potential environmental impacts associated with Wind Energy Facilities are identified in the Local Law.  There are no adverse impacts because the proposed law severely restricts where facilities can be placed.  Current law would allow Wind Facilities anywhere, has no setbacks, noise regulations, operating requirements nor removal requirements.  The proposed law does not allow any specific use; it establishes procedures, limits the allowable area, and sets safety and operating guidelines.  The Town compared the current and proposed law to the criteria for determining significance identified in 6 NYCRR § 617.7 (c)(1) and in accordance with 6 NYCRR § 617.7 (c)(2) and (3).  As indicated below in the discussion of each criterion specified in 6 NYCRR § 617.7 (c)(1), the local law will not have a significant adverse impact on the environment.

 

(i) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid water production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

 

            No specific Project site is approved under this proposed Local Law; general procedures and specific limitations are established.  It is not foreseeable that any adverse change in existing air quality, ground or surface water quality, traffic or noise levels will result because the change reduces the areas where facilities can be placed and creates noise and other limits for the first time.  Traffic and related noise and air impacts should be reduced because road routes and construction times are now regulated; no prior law existed on these issues.  Also, the Town does not expect a substantial increase in solid waste production, or a substantial increase in potential for erosion, flooding, leaching, or drainage problems will occur.  Each site actually proposed for development will have to comply with drainage regulations, current law had no such requirement.

 

(ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources;

 

            It is not foreseeable that the proposed local law will result in the removal or destruction of large quantities of vegetation or fauna, interfere with the movement of any resident or migratory fish or wildlife species, adversely impact any significant habitat area, substantially adversely impact a threatened or endangered species of animal or plant, or the habitat of such a species, or create any other adverse impacts to natural resources.  For the first time, applicants will have to consider these issues as part of a new permit process.  Current law imposes no limits or protections.

 

(iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of this Part;

 

            There is no specific Project site, and therefore no land within or adjacent to a Critical Environmental Area as designated under 6 NYCRR § 617.14(g) would be impaired.

 

(iv) the creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

 

            The Town’s Comprehensive Plan does not address wind energy facilities.  The local law strengthens the Town goals by severely restricting a currently allowable use.

 

(v) the impairment of the character of quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

 

            No specific site is involved.  By reducing areas where facilities can go, and mandating visual impact and similar reviews, the new law will preserve the character of the Town, and it will not impair the character or quality of important historical, archeological, architectural, or aesthetic resources, or of existing community or neighborhood character, and provides increased opportunity to preserve those areas.

 

(vi) a major change in the use of either the quantity or type of energy;

 

            The change is not anticipated to create a major change in the quantity of electricity or natural gas to be used and will not affect the community’s sources of fuel or energy supply, because no increase in density is allowed.  Wind facilities will provide a source of clean energy.

 

(vii) the creation of a hazard to human health;

 

            No Project allowed under the proposed law could create a hazard to human health.

 

(viii) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; 

 

            The Local Law does not change allowable uses, although it limits the area where facilities can be built by creating setbacks. 

 

(ix) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

 

            The law will not attract a large number of people to any Project site for more than a few days.

 

(x) the creation of a material demand for other actions that would result in one of the above consequences;

 

            The local law does not permit anything and so will not create a material demand for other actions that would result in one of the above consequences.

 

(xi) changes in two more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

 

            The local law allows nothing, so it will not result in changes in two or more elements of the environment which, when considered together, would result in a substantial adverse impact on the environment.

 

(xii) two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision.

 

            The local law allows nothing, so it will not result in two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision.

 

For Further Information

 

Contact Person:            Russell Martino

                                    Town of Yates, Town Supervisor

 

Address:                       Town of Yates

                                    Town Hall

                                    8 South Main Street

                                    Lyndonville, New York 14098

 

Telephone Number:      (585) 765-9716

 

The Town of Yates held a public hearing on April 10,2008 on Local Law # 1 of 2008 on wind energy.  The proposed Local Law was sent  to the Orleans County Planning Board for recommendations the recommendation of the county are attached

 

 

Town of Yates Wind Energy Facilities Local Law Recommendations from the County Planning Board accepted by the Town Board:

 

Section 591.5.D. – Changed the wording from:

D.                 Notwithstanding any other provision of this Zoning Local Law, Special Use Permits for Wind Energy Facilities shall be issued by the Planning Board.

to:

D.                 Notwithstanding any other provision of this Zoning Local Law, Special Use Permits for Wind Energy Facilities shall be issued by the Town Board.

 

Section 591.8.A.17 Changed wording from:

(b)  Visual Impact:  Applications shall include a visual impact study of the proposed WECS as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points.  Color photographs of the proposed Site from at least two locations accurately depicting the existing conditions shall be included.  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. The Visual Impact Study will specifically detail impacts on the Land Conservation District created by this Local Law.

 

to:

 

(b)  Visual Impact:  Applications shall include a visual impact study of the proposed WECS as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points.  Color photographs of the proposed Site from at least two locations accurately depicting the existing conditions shall be included.  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.

 

Section 591.40. Fees – Change wording from:

A.         There shall be non-refundable Application as follows:  

            1.         Wind Energy Overlay Zone: $1,000 per zone.

            2.         WECS Special Use Permit: $200 per megawatt of rated maximum capacity.

            3.         Wind Measurement Towers: 20 per vertical foot per tower.

            4.          Wind Measurement Tower Special Use Permit renewals: $200 per Wind Measurement Tower.

            5.          Small WECS: $200.

            6.          The cost of all legal notices and mailings shall be assessed to the applicant.

           

to:

A.         There shall be non-refundable Application fees for the following:  

            1.         Wind Energy Overlay Zone.

            2.         WECS Special Use Permit.

            3.         Wind Measurement Towers.

            4.          Wind Measurement Tower Special Use Permit Renewals.

            5.          Small WECS.

            6.          The cost of all legal notices and mailings shall be assessed to the applicant.

7.                  The fee schedule is located in the Town Clerk’s office.

 

RESOLUTION NO.62-5/08

 

RESOLUTION TO ADOPT LOCAL LAW NO.1 of 2008

 

RESOLVED, to adopt Local Law No.1 of 2008 as follows:  

 

Local Law Introduction No. 1 of 2008

Local Law No. 1 of 2008


A LOCAL LAW GOVERNING WIND ENERGY FACILITIES

IN THE TOWN OF YATES

Be it hereby enacted by the Town Board of the Town of Yates as follows:

Section 1:  Title

            This Local Law shall be known as the “Wind Energy Facilities Law of the Town of Yates.”

Section 2: Section 210, Definitions , of the Zoning Local Law of the Town of Yates, Orleans County, New York, is amended by amending the definition of Essential Services and Public Utilities, to read in its entirety as follows:

ESSENTIAL SERVICES AND PUBLIC UTILITIES: Erection, construction, operation, or maintenance by municipal agencies or public utilities of telephone dial equipment centers. electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities, but shall not include telecommunications facilities as defined herein, and shall not include wind energy facilities (including infrastructure supporting wind energy facilities),  landfills, waste transfer stations or other facilities with the primary purpose of handling or disposing of household or industrial waste.

Section 3: The following is added at the end of Section 591, Establishment of Districts, of the Zoning Local Law of the Town of Yates, Orleans County, New York

Wind Energy Overlay Zone

Section 4: The following Section 591 is hereby added of the Zoning Local Law of the Town of Yates, Orleans County, New York, to read in its entirety as follows:

Section 591 WIND ENERGY OVERLAY ZONE

Section 591.1  Wind Energy Overlay Zone

The Town Board of the Town of Yates hereby adopts the rules and procedures for creating Wind Energy Overlay Zones to allow consideration of the effective and efficient use of the Town’s wind energy resource through wind energy conversion systems (WECS), and to regulate or prohibit the placement of such systems so that the public health, safety, and welfare will not be jeopardized.

Section 591.2 Authority.

A.  The Town Board of the Town of Yates adopts this Section under the authority granted by:

Article IX of the New York State Constitution, § 2(c)(6) and (10).

New York Statute of Local Governments, § 10 (1), (6), and (7).

New York Municipal Home Rule Law, § 10 (1)(i) and (ii) and § 10 (1)(a)(6), (11), (12), and (14).

 The supersession authority of New York Municipal Home Rule Law, § 10 (2)(d)(3).

New York Town Law,  Article16 (Land Use).

New York Town Law § 130(1)(Building Code), (3)(Electrical Code), (5)(Fire Prevention), (7)(Use of streets and highways), (7-a)(Location of Driveways), (11)(Peace, good order and safety), (15)(Promotion of public welfare), (15-a)(Excavated Lands), (16)(Unsafe buildings), (19)(Trespass), and (25)(Building lines).

New York Town Law § 64(17-a)(protection of aesthetic interests) and (23)(General powers).

Section 591.3 Findings.

A.        The Town Board of the Town of Yates finds and declares that

            1.         Wind energy is an abundant, renewable, and nonpolluting energy resource of the Town and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

            2.         The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and in many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or on-site consumption can be reduced.

            3.         Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public. 

            4.         Wind Energy Facilities represent significant potential aesthetic impacts because of their large size, lighting, and shadow flicker effects.

            5.         If not properly regulated, installation of Wind Energy Facilities can create drainage problems through erosion and lack of sediment control for facility sites and access roads, and harm farmlands through improper construction methods.

            6.         Wind Energy Facilities may present a risk to bird and bat populations if not properly sited.

            7.         If not properly sited, Wind Energy Facilities may present risks to the property values of adjoining property owners.

            8.         Wind Energy Facilities can be a significant source of noise, which, if unregulated, can negatively impact adjoining properties.

            9.         Construction of Wind Energy Facilities can create traffic problems and damage local roads.

            10.       Wind Energy Facilities can cause electromagnetic interference issues with various types of communications.

Section 591.4  Definitions.

A.        As used in this Section 591, the following terms shall have the meanings indicated:

1.         AGRICULTURAL OR FARM OPERATIONS — means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation,” as defined in New York Agriculture and Markets Law § 301 and “timber processing,” as defined in subdivision fourteen of New York Agriculture and Markets Law § 301.  Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

2.         EAF — Environmental Assessment Form used in the implementation of the SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.

 

3.         RESIDENCE — means any dwelling suitable for habitation existing in the Town of Yates on the date a specific application is deemed completed, including seasonal homes, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, senior housing, schools or other buildings used for educational purposes.  A residence may be part of a multi-dwelling or multipurpose building, but shall not include correctional institutions.

4.         SOUND PRESSURE LEVEL — means the level which is equaled or exceeded a stated percentage of time.  An L10 - 50 dBA indicates that in any hour of the day 50 dBA can be equaled or exceeded only 10% of the time, or for 6 minutes.  The measurement of the sound pressure level can be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other accepted procedures.

5.         SMALL WIND ENERGY CONVERSION SYSTEM (“Small WECS”) — A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-Site consumption of utility power.

6.         SITE — The parcel(s) of land where the Wind Energy Facility is to be placed.  The Site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties.  Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements.  Any property which has a Wind Energy Facility or has entered into an agreement for said Facility or a setback agreement, shall be considered as part of the Site.

7.         TOTAL HEIGHT — The height of the tower and the furthest vertical extension of the WECS.

8.         WIND ENERGY CONVERSION SYSTEM (“WECS”) — A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill").

9.         WIND ENERGY FACILITY — Any Wind Energy Conversion System, including Small Wind Energy Conversion Systems, or Wind Measurement Tower, including all related infrastructure, electrical lines and substations, access roads, and accessory structures.

10.       WIND MEASUREMENT TOWER — a tower used for the measurement of meteorological data such as temperature, wind speed, and wind direction.

11.       WIND ENERGY OVERLAY DISTRICT — a district which encompasses part or parts of one or more underlying districts and that establishes requirements for Wind Energy Facilities.

Section 591.5  Permits and Rezoning Required, Exemptions, Transfer.     

A.        No Wind Energy Facility shall be constructed, reconstructed, modified, or operated in the Town of Yates except in compliance with this Section.

B.         No WECS, except a Small WECS, shall be constructed, reconstructed, modified, or operated in the Town of Yates, except in a Wind Energy Overlay District, pursuant to an application for rezoning and for special use permit approved pursuant to this Section. 

C.        No Wind Measurement Tower shall be constructed, reconstructed, modified, or operated in the Town of Yates except pursuant to a Special Use Permit issued pursuant to this Section.  

D.        Notwithstanding any other provision of this Zoning Local Law, Special Use Permits for Wind Energy Facilities shall be issued by the Town Board.

E.         Exemptions.      No permit or other approval shall be required under this Section for WECS utilized solely for agricultural operations in a state or county agricultural district, as long as the facility is set back at least one and a half times its Total Height from a property line, and does not exceed 120 feet in height.  Towers over 120 feet in Total Height utilized solely for agricultural operations in a state or county agricultural district shall apply for a special use permit in accordance with this Section, but shall not require a height variance.  Prior to the construction of a WECS under this exemption, the property owner or a designated agent shall submit a sketch plan or building permit application to the Town to demonstrate compliance with the setback requirements.

F.         This Section shall apply to all areas of the Town of Yates.

G.        Transfer.  No transfer of any Wind Energy Facility or Special Use Permit, nor sale of the entity owning such facility including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), will occur without prior approval of the Town, which approval shall be granted upon written acceptance of the transferee of the obligations of the transferor under this Section, and the transferee’s demonstration, in the sole discretion of the Town Board, that it can meet the technical and financial obligations of the transferor.  No transfer shall eliminate the liability of the transferor nor of any other party under this Section unless the entire interest of the transferor in all facilities in the Town is transferred and there are no outstanding obligations or violations.

H.        Notwithstanding the requirements of this Section, replacement in kind or modification of a Wind Energy Facility may occur without Town Board approval when (1) there will be no increase in Total Height; (2) no change in the location of the WECS; (3) no additional lighting or change in facility color; and (4) no increase in noise produced by the WECS.

Section 591.6 Applicability.

 

A.        The requirements of this Section shall apply to all Wind Energy Facilities proposed, operated, modified, or constructed after the effective date of this Section.

 

B.         Wind Energy Facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this Section, shall not be required to meet the requirements of this Section; provided, however, that

 

            1.  Any such preexisting Wind Energy Facility which does not provide energy for a continuous period of twelve (12) months shall meet the requirements of this Section prior to recommencing production of energy.

 

            2.  No modification or alteration to an existing Wind Energy Facility shall be allowed without full compliance with this Section.

 

            3.  Any Wind Measurement Tower existing on the effective date of this Section shall be removed no later than twenty-four (24) months after said effective date, unless a Special Use Permit for said Wind Measurement Tower is obtained.

 

C.        Wind Energy Facilities may be either principal or accessory uses.  A different existing use or an existing structure on the same Site shall not preclude the installation of a Wind Energy Facility or a part of such facility on such Site.  Wind Energy Facilities constructed and installed in accordance with this Section shall not be deemed expansions of a nonconforming use or structure.

Section 591.7  Wind Energy Overlay District Rules.

A.        Wind Energy Overlay District may be created in the Agricultural/Residential (AR) and Industrial (I) Districts only.

B.         Initial requests for Wind Energy Overlay Districts shall be submitted with applications for WECS Special Use Permits.  No Wind Energy Overlay District may be initially created without specific requests for special use permits for individual WECSs.

C.        Once a Wind Energy Overlay District has been created, new WECSs or accessory structures or facilities may be added in that District by grant of a Special Use Permit pursuant to the requirements of this Section.

Section 591.8  Applications for Wind Energy Conversion Systems Special Use Permits and Wind Energy Overlay District.

A.        A joint application for creation of a Wind Energy Overlay District and Special Use Permit for individual WECS shall include the following:

            1.         Name, address, and telephone number of the applicant.  If the applicant is represented by an agent, the application shall include the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

            2.         Name and address 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 (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application.

            3.         Address, or other property identification, of each proposed tower location, including Tax Map section, block, and lot number.

            4.         A description of the project, including the number and maximum rated capacity of each WECS.

            5.         A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following.

                        (a)        Property lines and physical dimensions of the Site.

                        (b)        Location, approximate dimensions, and types of major existing structures, including all residences, and uses on Site, public roads, and adjoining properties within five hundred (500) feet of the boundaries of the proposed Wind Energy Overlay Zone.

                        (c)        Location and elevation of each proposed WECS.

                        (d)        Location of all above ground utility lines on the Site or within one radius of the Total Height of the WECS, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.

                        (e)        Location and size of structures above 35 feet within a five-hundred-foot radius of the proposed WECS.  For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open lattice towers are not considered structures.

                        (f)         The Land Use designation of the subject and adjacent properties as set forth on the official Town Land Use Map.

                        (g)        Proposed boundaries of the Wind Energy Overlay Zone.

                        (h)        To demonstrate compliance with the setback requirements of this Section, circles drawn around each proposed tower location equal to:

                                    (i) One and a half times the tower height radius.

                                    (ii) Five-hundred foot radius.

                                    (iii) One-thousand foot radius.

                        (i)         Location of residential structures within one thousand feet of each proposed tower.  The distance from the center of the tower to any off-site residence within one thousand feet shall be noted.

                        (j)         All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.

            6.         Vertical drawing of the WECS showing Total Height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors.  One drawing may be submitted for each WECS of the same type and Total Height.

            7.         Landscaping Plan depicting vegetation describing the area to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations.

            8.         Lighting Plan showing any FAA-required lighting and other proposed lighting.  The application should include a copy of the determination by the Federal Aviation Administration to establish required markings and/or lights for the structure, but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted. 

            9.         List of property owners, with their mailing addresses, within 500 feet of the boundaries of the proposed Wind Energy Overlay Zone.  The applicant may delay submitting this list until the Town Board calls for a public hearing on the application.

            10.       Decommissioning Plan:  The applicant shall submit a decommissioning plan, which shall include:  1) the anticipated life of the WECS; 2) the estimated decommissioning costs in current dollars; 3) how said estimate was determined; 4) the method of ensuring that funds will be available for decommissioning and restoration; 5) the method, such by annual re-estimate by a licensed engineer, that the decommissioning cost will be kept current; and 6) the manner in which the WECS will be decommissioned and the Site restored, which shall include removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.  The Plan shall include the Decommissioning Bond required by this Section.

            11.       Complaint Resolution:  The application will include a complaint resolution process to address complaints from nearby residents.  The process may use an independent mediator or arbitrator and include a time limit for acting on a complaint.

            12.       An application shall include information relating to the construction/installation of the wind energy conversion facility as follows:

 

                        (a)        A construction schedule describing commencement and completion dates; and

                        (b)        A description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.

            13.       Completed Part 1 of the Full EAF.

            14.       Applications for Special Use Permits for Wind Measurement Towers subject to this Section may be jointly submitted with the WECS.

            15.       For each proposed WECS, include make, model, picture, and manufacturer's specifications, including noise decibels data.  Include Manufacturers’ Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants, and coolants.

            16.       If the applicant agrees in writing in the application that the proposed WECS may have a significant adverse impact on the environment, the Town Board shall issue a positive declaration of environmental significance.

            17.       If a positive declaration of environmental significance is determined by the SEQRA lead agency, the following information shall be included in the Draft Environmental Impact Statement (“DEIS”) prepared for a Wind Energy Facility.  Otherwise, the following studies shall be submitted with the application:

                        (a)  Shadow Flicker:  The applicant shall conduct a study on potential shadow flicker.  The study shall identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations.  The study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or mitigate the problems.

                        (b)  Visual Impact:  Applications shall include a visual impact study of the proposed WECS as installed, which may include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points.  Color photographs of the proposed Site from at least two locations accurately depicting the existing conditions shall be included.  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.

 

                        (c)  A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed Zone.

 

                        (d)  Noise Analysis:  a noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed WECS.  The study shall document noise levels at property lines and at the nearest residence not on the Site (if access to the nearest residence is not available, the Town Board may modify this requirement).  The noise analysis shall provide pre-existing ambient noise levels and include low frequency noise.

 

                        (e)  Property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties adjoining WECS Sites, including properties across public roads from the Site.

 

                        (f)  An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems, and other wireless communication.

 

            18.       Tower design information sufficient to demonstrate compliance with wind-loading requirements.

 

            19.       Analysis of potential ice-throwing and damage from blade throw impacts.

 

            20.       A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.

 

Section 591.9 Application Review Process.

 A.       Applicants may request a pre-application meeting with the Town Board, or with any consultants retained by the Town Board for application review

B.         Twelve copies of the application shall be submitted to the Town Clerk.  Payment of all application fees shall be made at the time of application submission.  If any variances are requested, variance application fees shall be paid at the time of the receipt of the application.

C.        Town staff or Town-designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this Section is included in the application. 

D.        If the application is deemed incomplete, 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 WECSs proposed is increased.

E.         Upon submission of a complete application, including the grant of any application waiver by the Town Board, the Town Clerk shall transmit the application to the Town Board.  The applicant shall post the completed application and any accepted environmental impact statements on the Internet.  The application shall be referred to the Planning Board in accordance with this Local Law.

F.         The Town Board shall hold at least one public hearing on the application.  Notice shall be given by first class mail to property owners within 500 feet of the boundaries of the proposed Wind Energy Overlay District, and published in the Town’s official newspaper, no less than ten nor more than twenty 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 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.

G.        The public hearing may be combined with public hearings on any Environmental Impact Statement or requested variances.

H.        Notice of the project shall also be given, when applicable, to (1) the Orleans County Planning Board, if required by General Municipal Law §§ 239-l and 239-m, and (2) to adjoining Towns under Town Law § 264.

I.          SEQRA Review.  Applications for WECS (Wind Energy Conversion Systems) are deemed Type I projects under SEQRA.  The Town shall conduct its SEQRA review in conjunction with other agencies, and the record of review by said agencies shall be part of the record of the Town’s proceedings.  The Town may require an escrow agreement for the engineering and legal review of the applications and any environmental impact statements before commencing its review.  At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town shall issue a Statement of Findings, which Statement may also serve as the Town’s decision on the applications.

J.          Upon receipt of the report of the recommendation of the County Planning Board (where applicable), and the report of the recommendation of the Town Planning Board (where applicable), the holding of the public hearing, and the completion of the SEQRA process, the Town Board may approve, approve with conditions, or deny the applications.

Section 591.10            Standards for WECS.     

A.        The following standards shall apply to all WECS and related infrastructure, unless specifically waived by the Town Board as part of a permit.

            1.         All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practible.

            2.         No television, radio, or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the telecommunications provisions of the Town Land Use Code.  Applications may be jointly submitted for WECS and telecommunications facilities.

            3.         No advertising signs are allowed on any part of the Wind Energy Facility, including fencing and support structures.

            4.         Lighting of tower.  No tower shall be lit except to comply with FAA requirements.  Minimum security lighting for ground level facilities shall be allowed as approved on the Site plan.  Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground.

            5.         All applicants shall use measures to reduce the visual impact of WECSs to the extent possible.  WECSs shall use tubular towers.  All structures in a project shall be finished in a single, non-reflective matte finished color or a camouflage scheme.  Individual WECSs within a Wind Energy Overlay Zone shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the Zone, to provide reasonable uniformity in overall size, geometry, and rotational speeds.  No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

            6.         The use of guy wires is prohibited.

            7.         No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.  No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.  If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties.  Failure to remedy electromagnetic interference is grounds for revocation of the Special Use Permit for the specific WECS or WECSs causing the interference.

            8.         All solid waste and hazardous waste and construction debris shall be removed from the Site and managed in a manner consistent with all appropriate rules and regulations.

 

            9.         WECSs shall be designed to minimize the impacts land clearing and the loss of open space areas.  Land protected by conservation easements shall be avoided when feasible.  The use of previously developed areas will be given priority wherever possible. 

 

            10.       WECSs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity, particularly bird and bat species.

 

            11.       WECS and related infrastructure shall be located in a manner consistent with all applicable state and Federal wetlands laws and regulations.

 

            12.       Storm-water run-off and erosion control shall be managed in a manner consistent with all applicable state and Federal laws and regulations.

 

            13.       The maximum Total Height of any WECS shall be 420 feet.

 

            14.       Construction of the WECS shall be limited to the hours of 7 a.m. to 8 p.m. except for certain activities that require cooler temperatures than possible during the day, subject to approval from the Town.

 

            15.       Substations required to serve WECS are an Essential Public Service under this Land Use Code.  Substations shall be screened from public view to the extent possible.

 

            16.       The Town of Yates shall be named as an additional insured under the general liability policy of the applicant, the amount of which insurance shall be no less than an amount to be determined by the Town Board given the nature and scope of the project proposed by the applicant.

 

            17.       Any construction or ground disturbance involving agricultural land shall be done in according to the NYS Department of Agriculture and Markets’ publication titled Guidelines for Agricultural Mitigation for Wind Power Projects.

 

Section 591.11                        Required Safety Measures.

A.        Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.

B.         If the property owner submits a written request that fencing be required, a six-foot-high fence with a locking portal shall be required to enclose each tower or group of towers.  The color and type of fencing for each WECS installation shall be determined on the basis of individual applications as safety needs dictate.

C.        Appropriate warning signs shall be posted.  At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.  A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information, including a local telephone number with 24 hour, 7 day a week coverage.  The Town Board may require additional signs based on safety needs.

D.        No climbing pegs or tower ladders shall be located closer than twelve (12) feet to the ground level at the base of the structure for freestanding single pole.

 

E.         The minimum distance between the ground and any part of the rotor or blade system shall be twenty (20) feet.

 

F.         WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

 

G.        Accurate maps of the underground facilities shall be filed with the town and with “Dig Safely New York (1-800-962-7962)” or its successor.

 

Section 591.12                       Traffic Routes.

 

A.        Construction of WECS poses potential risks because of the large size construction vehicles and their impact on traffic safety and their physical impact on local roads.  Construction and delivery vehicles for WECS and/or associated facilities shall use traffic routes established as part of the application review process.  Factors in establishing such corridors shall include (1) minimizing traffic impacts from construction and delivery vehicles; (2) minimizing WECS related traffic during times of school bus activity; (3) minimizing wear and tear on local roads; and (4) minimizing impacts on local business operations.  Permit conditions may require remediation during construction, limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public, and all applicable state, county, and municipal highway authorities and superintendents whose roads are included in the WECS traffic routes plan.  Notification to all applicable highway authorities and superintendents will include the number and type of vehicles and their size, their maximum gross weight, the number of round trips, and the dates and time periods of expected use of designated traffic routes.

 

B.         The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a WECS.  A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Town Board, sufficient to compensate the Town for any damage to local roads.

 

C.        If the applicant uses any seasonal use highway in the off-season, it shall be solely responsible for the maintenance of said highway including but not limited to snow plowing.  No act of maintenance on a seasonal use highway by an applicant shall be considered as Town maintenance of that highway for purposes of determining the seasonal use status of the highway.

 

Section 591.13                        Setbacks for Wind Energy Conversion Systems.

A.        The statistical sound pressure level generated by a WECS shall not exceed L10 - 50 dBA measured at the closest exterior wall of any residence existing at the time of completing the SEQRA review of the application.  If the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus 5 dBA.  Independent certification shall be provided before and after construction demonstrating compliance with this requirement.

B.         In the event audible noise due to WECS operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in subparagraph 1) of this subsection shall be reduced by five (5) dBA.  A pure tone is defined to exist if the one-third (1/3) octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one third (1/3) octave bands by five (5) dBA for center frequencies of five hundred (500) Hz and above, by eight (8) dBA for center frequencies between one hundred and sixty (160) Hz and four hundred (400) Hz, or by fifteen (15) dBA for center frequencies less than or equal to one hundred and twenty-five (125) Hz.

C.        In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level.  The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than five (5) minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences.  Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone.  Ambient noise level measurements may be performed when wind velocities at the proposed project Site are sufficient to allow Wind Turbine operation, provided that the wind velocity does not exceed thirty (30) mph at the ambient noise measurement location.

 

D.        Any noise level falling between two whole decibels shall be the lower of the two.

E.         Each WECS shall be setback from Site boundaries, measured from the center of the WECS, a minimum distance of:

            1. 500 feet from the nearest Site boundary property line, except the setback shall be 500 feet where the boundary is with state, county, town, or village-owned property.

            2. 500 feet from the nearest public road.

            3. 1,000 feet from the nearest off-Site residence existing at the time of application, measured from the exterior of such residence.

            4. 100 feet from state-identified wetlands.  This distance may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land cover, land uses, and other factors that influence the flight patterns of resident birds.

F.         Other Wind Energy Facility structures and improvements shall comply with the underlying Land Use district regulations.

Section 591.14                       Noise and Setback Easements; Variances

A.        In the event the noise levels resulting from a WECS exceed the criteria established in this Section, or a setback requirement is not met, a waiver is hereby granted from such requirement where the adjoining owner’s property is considered part of the Site.

 

            1.  Written consent from the affected property owners shall be obtained stating that they are aware of the WECS and the noise and/or setback limitations imposed by this Section, and that they wish to be part of the Site as defined herein, and that consent is granted to (1) allow noise levels to exceed the maximum limits otherwise allowed or (2) allow setbacks less than required; and

 

            2.  In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, shall be recorded in the County Clerk’s Office describing the benefited and burdened properties.  Such easements shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this Section, or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.

                       

            3.  In any case where written consent is not obtained, and therefore a property is not part of the Site, a variance from the Board of Appeals shall be required.   

 

Section 591.15            Creation of Wind Energy Overlay Districts and Issuance of Special                                             Use Permits.

A.        Upon completion of the review process, the Town Board shall, upon consideration of the standards in this Section and the record of the SEQRA review, issue a written decision setting forth the reasons for approval, conditions of approval, or disapproval.

B.         If approved, the Town Board will direct the Town Clerk to modify the Official Map to reflect the creation of the Wind Energy Overlay Districts, and authorize Town staff to issue a Special Use Permit for each WECSs upon satisfaction of all conditions for said Permit, and direct the building inspector to issue a building permit, upon compliance with the Uniform Fire Prevention and Building Code and the other conditions of this Section.

C.        The decision of the Town Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first class mail. 

D.        If any approved WECS is not substantially commenced within two years of issuance of the permit, the special use permit shall expire.

Section 591.16               Abatement.                

A.         If any WECS remains non-functional or inoperative for a continuous period of 1 year, the applicant agrees that, without any further action by the Town Board, it shall remove said system at its own expense.  Removal of the system shall include at least the entire above ground structure, including transmission equipment and fencing, from the property.  This provision shall not apply if the applicant demonstrates to the Town that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town’s ability to order a remedial action plan after public hearing.

B.         Non-function or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, or by lack of income generation.  The applicant shall make available (subject to a non-disclosure agreement) to the Town Board all reports to and from the purchaser of energy from individual Wind Energy Conversion Systems, if requested necessary to prove the WECS is functioning, which reports may be redacted as necessary to protect proprietary information.  

C.         Decommissioning Bond or Fund.  The applicant, or successors, shall continuously maintain a fund or bond payable to the Town for the removal of non-functional towers and appurtenant facilities in an amount to be determined by the Town for the period of the of the life of the facility.  This fund may consist of a letter of credit from a State of New York-licensed financial institution.  All costs of the financial security shall be borne by the applicant.   

Section 591.17            Limitations on Approvals; Easements on Town Property.

 

A.        Nothing in this Section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the Wind Energy Facility.  Nothing in this Section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any Wind Energy Facility.  It shall be the sole responsibility of the Facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.

 

B.         Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state law or this Section.

 

Section 591.18                       Testing Fund; Permit Revocation.

 

A.        Testing fund.  A Special Use Permit shall contain a requirement that the applicant fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as every two years, or more frequently upon request of the Town Board in response to complaints by neighbors.  The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the Special Use Permit and this Section and shall also include an evaluation of any complaints received by the Town.  The applicant shall have 90 days after written notice from the Town Board, to cure any deficiency.  An extension of the 90 day period may be considered by the Town Board, but the total period may not exceed 180 days.

 

B.         Operation.  A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages.  Operational condition includes meeting all noise requirements and other permit conditions.  Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town Board.  The applicant shall have 90 days after written notice from the Town Board, to cure any deficiency.  An extension of the 90 day period may be considered by the Town Board, but the total period may not exceed 180 days.

 

C.        Notwithstanding any other abatement provision under this Section, and consistent with Section 591.16 and Section 591.18(B), if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, (1) order either remedial action within a particular timeframe, or (2) order revocation of the Special Use Permit for the WECS and require the removal of the WECS within 90 days.  If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the Decommission Plan to remove the WECS.

 

Wind Measurement Towers

 

Section 591.20.           Wind Site Assessment.

 

The Town Board acknowledges that prior to construction of a WECS, a wind Site assessment is conducted to determine the wind speeds and the feasibility of using particular Sites.  Installation of Wind Measurement Towers, also known as anemometer (“Met”) towers, shall be permitted as Special Use in the Agricultural/Residential (AR) District and the Industrial District.

 

Section 591.21.           Applications for Wind Measurement Towers.

 

A.        An application for a Wind Measurement Tower shall include

 

            1.         Name, address, and telephone number of the applicant.  If the applicant is represented by an agent, the application shall include the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

            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 (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application.

            3.         Address of each proposed tower Site, including Tax Map section, block, and lot number.

 

            4.         Site plan

 

            5.         Decommissioning Plan, based on the criteria in this Section for WECS, including a security bond or cash for removal.

 

Section 591.22.           Standards for Wind Measurement Towers.

A.        The distance between a Wind Measurement Tower and the property line shall be at least the Total Height of the tower.  Sites can include more than one piece of property and the requirement shall apply to the combined properties.  Exceptions for neighboring property are also allowed with the consent of those property owners.

 

B.         Special Use permits for Wind Measurement Towers may be issued by the Town Board for a period of up to two years.  Permits may be renewed if the Facility is in compliance with the conditions of the Special Use Permit.

 

Small Wind Energy Conversion Systems

 

Section 591.30.  Purpose and Intent.

 

The purpose of this Section is to provide standards for small wind energy conversion systems designed for on-site home, farm, and small commercial use, and that are primarily used to reduce on-site consumption of utility power.  The intent of this Section is to encourage the development of small wind energy systems and to protect the public health, safety, and community welfare.

 

 

Section 591.31.  Permitted Areas.

 

Small Wind energy systems may be permitted in any District upon issuance of a Special Use Permit.    

 

Section 591.32.  Applications.

 

A.  Applications for Small WECS special use permits 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.

            2.         Name and address 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 (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application.

            3.         Address of each proposed tower Site, including Tax Map section, block, and lot number.

 

            4.         Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

 

            5.         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.

 

            6.         Sufficient information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

 

            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 so 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 from 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.

 

Section 591.33.  Development Standards.

 

All small wind energy systems shall comply with the following standards.  Additionally,

such systems shall also comply with all the requirements established by other sections of this Section that are not in conflict with the requirements contained in this section.

 

            1.  A system shall be located on a lot a minimum of one acre in size, however, this requirement can be met by multiple owners submitting a joint application.

 

            2.  Only one small wind energy system tower per legal lot shall be allowed, unless there are multiple applicants, in which their joint lots shall be treated as one lot for purposes of this Section.

 

            3.  Small Wind energy systems may be used primarily to reduce the on-Site consumption of electricity.

 

            4.  Tower heights may be allowed as follows:

 

             (a)        65 feet or less on parcels between one and five acres.

             (b)        120 feet or less on parcels of five or more acres.

                        (c)        The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

 

            5.  The maximum turbine power output is limited to 100 kW.

 

            6.  The system’s tower and blades shall be painted a non-reflective, unobtrusive color that

blends the system and its components into the surrounding landscape to the greatest

extent possible and incorporate non-reflective surfaces to minimize any visual disruption.

 

            7.  The system shall be designed and located in such a manner to minimize adverse visual

impacts from public viewing areas (e.g., public parks, roads, trails).  To the greatest

extent feasible a small wind energy system:

 

             (a)        Shall not project above the top of ridgelines.

 

                        (b)        If visible from public viewing areas, shall use natural landforms and existing vegetation for screening.

 

                        (c)        Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.

 

            8.  Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

 

            9.  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.  This standard may be modified by the decision-maker if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.

 

            10.  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.

 

            11.  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.  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

 

            12.  Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:

 

                        (a)        Tower-climbing apparatus located no closer than 12 feet from the ground.

                       

                        (b)        A locked anti-climb device installed on the tower.

 

                        (c)        A locked, protective fence at least six feet in height that encloses the tower.

 

            13.       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 above-ground 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 to eight feet above the ground.

 

            14.  Construction of on-site access roadways shall be minimized.  Temporary access roads utilized for initial installation shall be re-graded and re-vegetated to the pre-existing

natural condition after completion of installation.

 

            15.  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 250 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.

 

            16.  All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Building Code and National Electric Code.

 

            17.  All small wind energy systems 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.

 

Section 591.34.  Standards.

 

A Small Wind Energy System shall comply with the following standards:

 

            1.  Setback requirements.  A Small WECS shall not be located closer to a property line than one and a half times the Total Height of the facility.

 

            2.  Noise.  Except during short-term events including utility outages and severe wind storms, a Small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed the 50 decibels (dBA), as measured at the closest neighboring inhabited dwelling.

 

Section 591.35.  Abandonment of Use.

 

A.  Small WECS which is not used for twelve (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 Town.

 

B.  All Small WECS shall be maintained in good condition and in accordance with all requirements of this section.

 

Miscellaneous

Section 591.40.  Fees.

A.        There shall be non-refundable Application fees for the following:  

            1.         Wind Energy Overlay Zone.

            2.         WECS Special Use Permit.

            3.         Wind Measurement Towers.

            4.          Wind Measurement Tower Special Use Permit Renewals.

            5.          Small WECS.

            6.          The cost of all legal notices and mailings shall be assessed to the applicant.

            7.         The fee schedule is located in the Town Clerk’s office.

B.         Building Permits.

            1.         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 increased by administrative costs which shall be $100 per permit request, 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 or certifications, or to conduct inspections as agreed by the parties.

            2.         The applicant shall, prior to the receipt of a building permit, demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an Interconnection Agreement with the New York Independent System Operator and/or the applicable Transmission Owner.

 

C.        Nothing in this Section 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.  The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.

D.        The Town Board may amend these fees, by resolution after a properly noticed public hearing.

Section 591.41.           Tax Exemption.

The Town hereby exercises its right to opt out of the Tax Exemption provisions of Real Property Tax Law §487, pursuant to the authority granted by paragraph 8 of that law.

Section 591.42.           Enforcement; Penalties and remedies for violations.

 

A.        In addition to the Code Enforcement Officer, the Town Board may appoint such Town staff or outside consultants as it sees fit to enforce this Section.

 

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 Section or in noncompliance with the terms and conditions of any permit issued pursuant to this Section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than fifteen days, or subject to both such fine and imprisonment for a first offense, for a Second offense (both within a period of five years), a fine not less than $350 nor more than $700, or imprisonment not to exceed six months, or both, and for a Third or more offense (all of which occurred within five years), a fine not less than $700 nor more than $1,000, or imprisonment not to exceed six months, or both.  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 amounts set forth herein 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 Section, including the terms and conditions imposed by any permit issued pursuant to this Section, 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.

 

Section 5:          Severability

Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Section 6:        Effective Date

000160/09700 BFLODOCS 2105217v1

 
            This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law.

 

Offered by Councilman  Rutledge who moved its adoption

Seconded by Councilman Harmer

 

Adopted: Supervisor Martino -aye, Councilman Harmer –aye Councilman Rutledge-aye

Councilman Bentley-aye, Councilman Belson-aye

 

Chatfield Engineering has notified the Town of Yates that the Phase 8 and 9 projects for Water District #4 will be ready to bid soon.

 

RESOLUTION NO.63-5/08

RESOLUTION TO BID FOR WATER DISTRICT 4 PHASE 8

RESOLVED, that the Town shall bid for Water District No. 4 Phase 8 as soon as all agencies have reviewed and accepted the plans that have been presented.

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Belson

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO.64-5/08

RESOLUTION TO BID FOR WATER DISTRICT 4 PHASE 9

RESOLVED, that the Town shall bid for Water District No. 4 Phase 9 as soon as all agencies have reviewed and accepted the plans that have been presented.

Offered by Councilman Rutledge who moved its adoption.

Seconded by Councilman Harmer

Adopted. 5 ayes; 0 nays

 

RESOLUTION NO. 65-5/08

RESOLUTION TO APPROVED PAYMENT OF VOUCHER FOR PHASE 8

WHEREAS, Chatfield Engineers have turned in bills totaling $5,603.00 for Phase 8, and

WHEREAS as these bills were not on the abstract, be it

RESOLVED, the Town shall pay these bills

Offered by Councilman Belson,who moved its adoption

Seconded by Councilman Bentley

Adopted.5 ayes;0nays

 

 

 

RESOLUTION NO. 66-5/08

RESOLUTION TO APPROVED PAYMENT OF VOUCHER FOR PHASE 9

WHEREAS, Chatfield Engineers have turned in bills totaling $5,084.00 for Phase 9, and

WHEREAS as these bills were not on the abstract, be it

RESOLVED, the Town shall pay these bills

Offered by Councilman Belson,who moved its adoption

Seconded by Councilman Bentley

Adopted.5 ayes;0 nays

 

Report of Town Officers

 

Assessor- 92 change in assessments – Grievance day May 22, 2008 4-8

Still looking into the Cold-war veterans exemptions and will be getting more information from Genesee County.

 

Roger Wolfe- We are hauling stone to the park.  Water line at cemetery is being replaced

 

John Belson- Park picnic tables and grills will be put in the Lyndonville Foundation is putting $10,000 toward this.

 

The summer program will be underway soon the Lyndonville Foundation has donated $9,000 toward that.

PAYMENT OF BILLS

 

RESOLUTION NO 67-5/08

 

RESOLUTION TO PAY BILLS

 

WHEREAS, all vouchers have been audited by the Town Board be it

 

RESOLVED, to pay bills as follows:

A-Account   28,940.76

B-Account--    1,009.48

DA- Account-8,597.18

      DB- Account-  8,613.26

     Water 4           15,290.99

     Phase 8            1,200.00

     Phase 9            2,678.00

     

    TOTAL        60651.67

Offered by Councilman Harmer who moved its adoption

Seconded by Councilman Rutledge

 

Adopted. 5 ayes;0 nays

 

Motion by Councilman Rutledge, whereas there is no further business to be brought before the Board at this time the meeting be adjourned at 7:18.P.M. Seconded by Councilman Belson

Vote 5ayes; 0 nays

 

 

 

Brenda B. Donald

Town Clerk

Town of Yates