HomeMy WebLinkAbout2019 #4 Wind Law FINALAMENDED AND RESTATED
TOWN OF ENFIELD, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 4 OF 2019
WIND ENERGY FACILITIES LOCAL LAW
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Table of Contents
ARTICLE I – GENERAL STATEMENT AND DEFINITIONS 1
SECTION 1: TITLE & APPLICATION 1
SECTION 2: LEGISLATIVE FINDINGS 1
SECTION 3: AUTHORITY 3
SECTION 4: DEFINITIONS 4
ARTICLE II – PERMITS 8
SECTION 1: APPLICABILITY 8
SECTION 2: PERMITS REQUIRED; MODIFICATIONS 8
ARTICLE III – PERMITTING PROCESS 10
SECTION 1: APPLICATION REQUIREMENTS FOR WIND ENERGY FACILITIES
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SECTION 2: APPLICATION REVIEW 20
SECTION 3: ISSUANCE OR DENIAL OF WIND ENERGY PERMITS 23
SECTION 4: APPROVAL LIMITATIONS; EASEMENTS AFFECTING TOWN
PROPERTY 25
ARTICLE IV - STANDARDS FOR WIND ENERGY FACILITIES 25
SECTION 1: TRANSMISSION LINES 25
SECTION 2: ANTENNAE CO-LOCATIONS 26
SECTION 3: ADVERTISING 26
SECTION 4: WTG LIGHTING 26
SECTION 5: VISUAL IMPACT MITIGATION 26
SECTION 6: GUY WIRES 26
SECTION 7: SIGNAL INTERFERENCE 26
SECTION 8: WASTE REMOVAL 26
SECTION 9: CLEARING 26
SECTION 10: WILDLIFE 27
SECTION 11: WETLANDS 27
SECTION 12: STORMWATER 27
SECTION 13: CONSTRUCTION TIMES 27
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SECTION 14: WATER SUPPLY 27
SECTION 15: REQUIRED SAFETY MEASURES 27
SECTION 16: ROADS AND TRAFFIC 28
SECTION 17: SOUND LEVELS AND LARGE WTG SETBACKS 28
SECTION 18: PROJECT MANAGEMENT AND OVERSIGHT 30
SECTION 19: PROPERTY VALUE GUARANTEE 31
SECTION 20: TRANSFER OF OWNERSHIP 31
ARTICLE V – WAIVERS, VARIANCES, AND APPEALS 32
SECTION 1: WAIVERS 32
SECTION 2: VARIANCES 33
SECTION 3: APPEALS 33
ARTICLE VI – OPERATION, PERMIT REVOCATION, ABATEMENT,
VIOLATIONS 33
SECTION 1: OPERATION, PERMIT REVOCATION, AND ABATEMENT 33
SECTION 2: ABANDONMENT AND DECOMMISSIONING 39
ARTICLE VII - WIND MEASUREMENT TOWERS 47
SECTION 1: WIND SITE ASSESSMENT 47
SECTION 2: APPLICATIONS FOR WIND MEASUREMENT TOWERS 47
SECTION 3: STANDARDS FOR WIND MEASUREMENT TOWERS 47
ARTICLE VIII - SMALL WTG 48
SECTION 1: PURPOSE AND INTENT 48
SECTION 2: APPLICATIONS 48
SECTION 3: DEVELOPMENT STANDARDS 49
SECTION 4: STANDARDS 51
SECTION 5: PERMIT REVIEW AND PROCESS 51
SECTION 6: ABATEMENT 52
ARTICLE IX – GENERAL AND MISCELLANEOUS PROVISIONS 53
SECTION 1: PERMITS, FEES AND AGREEMENTS 53
SECTION 2: VIOLATION AND ENFORCEMENT 54
SECTION 3: SEVERABILITY 58
SECTION 4: INDEMNITY AND LIMITATION UPON TOWN LIABILITY 58
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SECTION 5: LIABILITY INSURANCE 59
SECTION 6: CONSTRUCTION60
SECTION 7: EFFECTIVE DATE AND FILING 60
Appendix A - Noise Measurement Standards and Procedures 61
Appendix B – Property Value Guarantee 64
Appendix C – Scientific Studies, Government Reports, Articles and Town Laws
66
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AMENDED AND RESTATED
TOWN OF ENFIELD, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 4 OF 2019
WIND ENERGY FACILITIES LOCAL LAW
This Amended and Restated Local Law Number 4 of 2019, entitled “2019 WIND
ENERGY FACILITIES LOCAL LAW,” is hereby adopted by Resolution of the Town
Board of the Town of Enfield, Resolution dated December 11, 2019, and reads in its
entirety as follows:
ARTICLE I – GENERAL STATEMENT AND DEFINITIONS
SECTION 1:TITLE & APPLICATION - This Local Law, as amended and
restated, shall be known as “Local Law Number 4 of 2019” (herein, the “2019 Local
Law”). Local Law Number 4 of 2019 hereby repeals Local Law Number 1 of 2009,
entitled “WIND ENERGY FACILITIES LOCAL LAW”, dated January 14, 2009, and any
prior Local Law or Resolution that is inconsistent herewith.
SECTION 2:LEGISLATIVE FINDINGS - The Town Board of the Town of
Enfield adopts this 2019 Local Law to promote the effective and efficient use of the
Town’s wind energy resources through Wind Energy Facilities and Wind Turbine
Generators, and to regulate the design and placement of such systems so that the public
health, safety, and welfare will not be unreasonably jeopardized. Further, the Town
Board of the Town of Enfield finds and declares that:
A.The New York State Constitution's "Bill of Rights for Local Governments"
(Article IX, §2-10) obligates local legislators to protect the health, safety and well-
being of their community.
B.While wind energy is a renewable energy resource of electricity generation, and
under some circumstances it may reduce the use of nonrenewable energy
sources, the possible benefits must be balanced against potential negative
impacts to local citizens, local economy, and local ecosystems.
C.Regulation of the siting and installation of wind turbines is necessary for
protecting the health, safety, and well-being of neighboring property owners, the
general public, the local economy and local ecosystems.
D.There can be serious legal and economic detriments for landowners entering into
the complicated and one-sided lease/easement contracts.
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E.Large-scale multiple-turbine industrial wind energy facilities may present
significant potential aesthetic impacts because of their enormous size, lighting,
dissimilarity from the natural environment, and possible shadow flicker effects.
F.Installation of large-scale multiple-turbine industrial wind energy facilities may
create and/or exacerbate drainage problems through erosion and lack of
sediment control of facility and access road sites, and harm farmlands and
agriculture through construction methods utilized and arable land conversion to
industrial purposes.
G.Construction of industrial wind energy facilities may create traffic problems,
dangerous road conditions for local and other travelers and damage local roads
H.Industrial wind energy facilities may reduce property values of nearby property
owners. Said property value reductions could reduce the Town's tax base,
resulting in a tax rate increase on all Town property owners.
I.A large scale industrial wind energy facility may be a significant source of noise
and vibration, These can have negative health impacts on residents in
neighboring properties, particularly in areas with low ambient noise levels.
According to various medical experts, by way of limited example, the World
Health Organization), the infrasound component of such noise can be the most
problematic. Furthermore, the New York State Department of Environmental
Conservation’s Program Policy: “Assessing and Mitigating Noise Impacts”
provides that an increase in sound pressure (dB) above the local ambient noise
level of 5-10 dB is intrusive; of 10-15 dB is very noticeable; of 15-20 dB is
objectionable; and above 20 dB is intolerable. That policy also states: “Most
objective attempts to assess nuisance noise adopt the technique of comparing the
noise with actual ambient sound levels or with some derived criterion.” It also
states: “The property line should be the point of reference when adjacent land
use is proximal to the property line.” A noise study conducted by the Noise
Pollution Clearinghouse, Montpelier, VT in April 2016 in the vicinity of the
Connecticut Hill area of Enfield resulted in daytime ambient noise
measurements between 30.1 and 35.9 dBA and nighttime ambient noise
measurements between 25.2 and 37.3 dBA. A noise study conducted by
Cassadaga Wind LLC in April 2016 in the vicinity of the company’s wind project
in Chautauqua County, New York resulted in daytime ambient noise
measurements between 21 and 32 dBA and nighttime ambient noise
measurements between 19 and 32 dBA, and found the area measured “is typical
of rural use.”
J.In certain circumstances, industrial wind energy facilities can cause
electromagnetic interference with some types of communications.
K.Bats killed by industrial wind energy turbines can result in an appreciable
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reduction in regional agricultural yields.
L.Turbines kill birds including raptors. The Town of Enfield is habitat for many
species, both year-round and seasonal.
M.Industrial turbines can have a variety of adverse health effects on other wildlife,
livestock and domestic animals, including, among other things, a reduction in
dairy milk production.
N.According to the New York State Department of Environmental Conservation,
loss of suitable habitat is the major cause for declines in species populations.
Development, wetland filling, and other activities reduce the total amount of
habitat. These activities also fragment remaining forest, grassland, and wetland
habitat into patches too small and too isolated to support some animal species.
Industrial turbines can contribute to these impacts and have adverse effects on
local hunting and fishing, among other things.
O.The Town of Enfield has many scenic view sheds, and some of these may be
negatively impacted by industrial wind energy facilities.
P.The Town and its citizens desire to maintain the pastoral, rural nature of the
Town. An industrial wind energy facility may be in conflict with the culture and
character of this community.
Q.In formulation of this 2019 Local Law, many studies have been reviewed - and
those written by independent experts were given the greatest consideration.
Many wind energy ordinances throughout the United States have been analyzed.
Experiences of other communities with industrial wind energy have been
studied. The Enfield Wind Farm Advisory Committee was appointed to make
recommendations regarding a proposed wind energy facility in Enfield and
subsequently the Enfield Renewable Energy Advisory Committee was appointed
to make recommendations regarding industrial solar and wind energy
regulation. Some of both Committees’ conclusions were incorporated into this
2019 Local Law. Scientific studies, government reports, articles and town laws
supporting the provisions adopted here are found in Appendix C of this Local
Law.
SECTION 3:AUTHORITY - The Town Board of the Town of Enfield enacts this
2019 Local Law under the authority granted by: (a) Article IX of the New York State
Constitution, §§ 2(c)(6) and 10; (b) the New York Statute of Local Governments, §§ 10(1)
and (7); (c) the New York Municipal Home Rule Law, §§ 10(1)(i) and (ii), and §§ 10(1)(a)
(6), (11), (12), and (14); (d) the New York Town Law § 130(1) (Building Code), §130(3)
(Electrical Code), §130(5) (Fire Prevention), §130(7) (Use of Streets and Highways),
§130(7-a) (Location of Driveways), §130(11) (Peace, Good Order and Safety), §130(15)
(Promotion of Public Welfare), §130(15-a) (Excavated Lands), §130(16) (Unsafe
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Buildings), §130(19) (Trespass), and §130(25) (Building Lines); and (e) the New York
Town Law § 64(17-a) (Protection of Aesthetic Interests), and §64(23) (General Powers).
SECTION 4:DEFINITIONS – The following terms have the following meaning
within and for the purposes of this 2019 Local Law:
2019 LOCAL LAW – Local Law Number __ of 2019, known as the 2019 Wind
Energy Facilities Local Law, of the Town of Enfield, Tompkins County, New York.
ACE – The United States Army Corps of Engineers.
AGRICULTURAL OR FARM OPERATIONS – 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 the Agriculture and Markets Law. A farm
operation may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.
APPLICANT – Any Person who submits or joins in the submission of any
application under this 2019 Local Law.
BLADE GLINT: The intermittent reflection of the sun or moon off the surface of the
blades of one or more
wind turbines.
CONSERVATION AREAS - Natural areas protected by law, such as wetlands that
meet the definition in the Clean Water Act 33 USC Sec. 1251 et seq.; shoreland
areas; water bodies; riparian buffers; populations of endangered or threatened
species, or habitat for such species; archaeological sites, cemeteries, and burial
grounds; important historic sites; other significant natural features and scenic
viewsheds; and existing trails or corridors that connect the tract to neighboring
areas.
DEC – The New York State Department of Environmental Conservation.
DECOMMISSIONING FUND - A type of security or undertaking, acceptable to
and approved by the Town Board, posted or deposited by an Applicant or Operator
in favor of the Town, that is designed to provide guaranteed access to funding to
remove and decommission WTG and Wind Energy Facilities and restore and
remediate the Site, usually in the form of cash, a letter of credit, or a bond.
DECOMMISSIONING PLAN – A written detailed plan submitted by an Applicant
or Operator that shows and verifies continual compliance with the requirements of
this 2019 Local Law relative to the removal and decommissioning of Large WTGs
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and Wind Energy Facilities and restoration and remediation of the Site.
DEIS – A Draft Environmental Impact Statement, as defined and construed under
SEQRA.
EAF – An Environmental Assessment Form, as defined and construed under
SEQRA.
EIS – An Environmental Impact Statement, as defined and construed under
SEQRA.
ENFORCEMENT OFFICER – Any Person appointed by the Town Board to (i)
review applications, (ii) interpret or enforce this 2019 Local Law, or (iii) take any
action or make any determination under this 2019 Local Law. Unless the Town
Board resolves otherwise, the Town’s Code Enforcement Officer(s) shall be deemed
Enforcement Officers under this 2019 Local Law.
ESCROW ACCOUNT – An escrow account meeting the requirements of Article III,
Section 2.B. of this 2019 Local Law.
FAA – the Federal Aviation Administration.
FEIS – A Final Environmental Impact Statement, as defined and construed under
SEQRA.
OPERATOR – Any Person who owns, manages, operates, or otherwise exercises
decision making authority for any Wind Energy Facility or WTG, but not including
such Persons who own, manage or operate Small WTG.
PILOT Agreement – A payment in lieu of taxes agreement pursuant to General
Municipal Law, Article 18-A.
LANDOWNER – With respect to parcel of property within the Town, a Person who
has entered into a written lease, easement or other agreement to permit the
construction and/or operation of a WTG or Wind Energy Facility on such parcel of
property owned by such landowner.
LARGE WIND GENERATOR TURBINE or LARGE WTG – Any Wind Generator
Turbine/ WTG other than a Small Wind Generator Turbine/Small WTG. All Large
WTG project proposals are “Type I” actions under SEQRA.
PERSON – Any individual, partnership, limited liability company, corporation,
joint venture, business, or other person or entity of whatever kind or nature, but not
including the Town, the Town Board, the Planning Board, or any other employee,
elected official, or agent of the Town, and not including the State of New York or
the Federal Governments and their departments, bureaus, and employees thereof.
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PLANNING BOARD – The Planning Board of the Town of Enfield, in Tompkins
County, New York.
PRECAUTIONARY PRINCIPLE - This principle, or precautionary approach
generally defines actions on issues considered to be uncertain, for instance applied
in assessing risk management. The Principle is used by policy makers to justify
discretionary decisions in situations where there is the possibility of harm from
making a certain decision (e.g. taking a particular course of action) when extensive
scientific knowledge on the matter is lacking. The Principle implies that there is a
social responsibility to protect the public from exposure to harm, when scientific
investigation has found a plausible risk. These protections can be relaxed only if
further scientific findings emerge that provide sound evidence that no harm will
result.
RESIDENCE – Any dwelling legally suitable for habitation existing in the Town of
Enfield on the date the Town Board determines, pursuant to Article III, Section 2.D.
of this 2019 Local Law, that a valid, completed application has been received by the
Town. A residence may be part of a multi-dwelling or multipurpose building.
SENSITIVE RECEPTORS - Locations at which residential, public and private
recreational, educational or religious use of land or property is permitted under any
law or laws (see below under Visual Impact Mitigation).
SEQRA – the New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and Regulations,
Part 617.
SHADOW FLICKER: The visual effect that results when the blades of an operating
wind energy turbine pass between direct and indirect light from the sun or moon
and an observer, and cast an observable, moving shadow on a person or property
in the vicinity.
SITE – One or more parcels of land where a Wind Energy Facility or WTG is
actually or proposed to be located. A “Site” may be publicly or privately owned,
and may be comprised of multiple parcels owned by one or more Persons. Where a
Site is comprised of multiple lots or parcels owned by any one or more Persons, the
combined lots or parcels shall be deemed one “Site” for the purposes of applying
any setback requirements.
SMALL WIND TURBINE GENERATOR or SMALL WTG – a wind turbine
generator or WTG consisting of a wind turbine, a tower, and associated control or
conversion electronics, which has a Total Height of not more than one hundred
twenty (120) feet and which is primarily intended to reduce consumption of utility
power at that location.
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SOUND PRESSURE LEVEL – A measurement of noise or sound performed in
accordance with the Type 1 or 2 specifications of the latest version of the American
National Standards Institute “American Standard Specifications for General
Purpose Sound Level Meters” (ANSI Standard S1.4) or the Class 1 or 2
specifications of the most recent IEC 61672-1 International Standard.
SEIS – A Supplemental Environmental Impact Statement, as defined and construed
under SEQRA.
TOTAL HEIGHT – the height of the tower and the furthest vertical extension of the
WTG.
TOWN – The Town of Enfield, in Tompkins County, New York.
TOWN BOARD – The Town Board of the Town of Enfield, in Tompkins County,
New York.
TOWN CLERK – The Town Clerk of the Town of Enfield, in Tompkins County,
New York.
UNIQUE NATURAL AREAS - The non-regulatory inventory created by the
Environmental Management Council of Tompkins County that identifies areas in
the county that are special, and, in many respects, contain on-of-a kind natural
features. The full updated inventory is available for review at the Tompkins
County Planning Department or its successor organization.
VARIANCE – A process by which an Applicant or Operator or permit holder seeks
to change or modify a requirement of this 2019 Local Law.
WAIVER - A process by which an Applicant or Operator or permit holder seeks to
have a requirement of this 2019 Local Law not apply to a Site, Person, project, or
permit.
WIND ENERGY FACILITY or “WEF”– One or more WTGs (other than Small
WTGs) and the related Wind Measurement Tower(s), infrastructure, electrical lines,
substations, access roads and accessory structures.
WIND ENERGY PERMIT – A permit granted pursuant to this 2019 Local Law
granting the holder the right to construct, maintain, and operate a Wind Energy
Facility, or pursuant to any state siting program.
WIND MEASUREMENT TOWER – A tower used for the measurement of
meteorological data such as temperature, wind speed and wind direction.
WIND TURBINE GENERATOR or WTG – A machine or device that converts the
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kinetic energy of the wind into electricity available for use beyond that used by the
machine (also commonly known as a “wind turbine” or “windmill”).
ARTICLE II – PERMITS
SECTION 1:APPLICABILITY -
A.The requirements of this 2019 Local Law shall apply to (i) all Wind Energy
Facilities and Small WTGs proposed, (ii) all Wind Energy Permit
applications submitted or issued after the effective date of this 2019 Local
Law, and (iii) each and every Person who desires to build, lease, maintain,
or operate any Wind Energy Facility, Large WTG, Small WTG, or Wind
Measurement Tower. This 2019 Local Law shall apply to all areas of the
Town.
B.Applications and permits for Small WTG’s applied for and/or issued
prior to the date of this 2019 Local Law shall be subject to the laws in
effect at the time such application or permit was filed and/or issued.
SECTION 2:PERMITS REQUIRED; MODIFICATIONS -
A.Permit Requirements.
1.No Wind Energy Facility shall be constructed or operated in the
Town except pursuant to a Wind Energy Permit approved
pursuant to this 2019 Local Law.
2. No Large WTG shall be constructed or operated in the Town except
pursuant to a Wind Energy Permit approved pursuant to this 2019
Local Law.
3. No Wind Measurement Tower shall be constructed or operated in the
Town except pursuant to a Wind Energy Permit issued pursuant to
this 2019 Local Law.
4. No Small WTG shall be constructed or operated in the Town except
pursuant to a Wind Energy Permit issued pursuant to this 2019 Local
Law.
B.Agricultural Use Exemption. No permit or other approval shall be required
under this 2019 Local Law for a WTG utilized solely for Agricultural
operations in a state or county Agricultural district so long as the facility (i)
is set back from property lines at least two (2.0) times the Total Height, and
(ii) does not exceed one hundred twenty (120) feet in Total Height. Towers
over one hundred twenty (120) feet in Total Height utilized solely for
Agricultural operations in the state or county agricultural district shall apply
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for a permit in accordance with this 2019 Local Law, but shall not require a
height variance. Prior to the construction of a WTG 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
setback requirements.
C.Modification of Application. Unless otherwise specifically waived by the
Town Board, any modifications to an application for a Wind Energy Permit
for a WEF following the date the Town Board determines, pursuant to
Article III, Section 2.D. of this 2019 Local Law, that a valid, completed
application has been received by the Town and prior to the date a Wind
Energy Permit has been approved pursuant to Article III, Section 3 of this
2019 Local Law shall be considered to be the submission of a new
application that is subject to all of the provisions for a new application under
this 2019 Local Law.
D.Facility Modifications.
1.Following the date a Wind Energy Permit for a WEF has been
approved pursuant to Article III, Section 3 of this 2019 Local Law
but prior to the date the WEF is placed into service, no
modifications to the design, plans or construction of the related
Wind Energy Facility or any component thereof may occur without
Town approval and any such modification without the approval of
the Town Board shall automatically void the related Wind Energy
Permit.
2.Following the date the Wind Energy Facility is placed in service, no
modifications to the design of such Wind Energy Facility or any
component thereof may occur without Town approval unless such
action is the result of normal maintenance or routine repairs of such
WEF or a component thereof. Normal maintenance or routine
repair does not include any change, addition, swap-out, exchange
or the like that requires or results in changes to or upgrades to the
original design of a WTG or substation.
ARTICLE III – PERMITTING PROCESS
SECTION 1:APPLICATION REQUIREMENTS FOR WIND ENERGY
FACILITIES
A.Application Contents . Throughout the Wind Energy Permit process for a
WEF, the Applicant shall promptly notify the Town Board of any changes
to the information contained in the permit application. Notwithstanding
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anything to the contrary in this 2019 Local Law, changes that do not
materially alter the initial application may be administratively accepted.
The Wind Energy Permit application for a WEF shall be an electronic
digital filing that contains at least the following:
1.Applicant Information . The name, address, and phone number of
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 agent to represent the Applicant;
2. Property Owner Information and Authorization . The name, address,
and telephone number of the property owner of the proposed Site of
any Wind Energy Facility. If the said owner is not the Applicant, the
application shall include fully executed copies of all pages of any
leases, easements and any other related agreements for the WEF (not
simply memorandums). The application shall be updated
periodically for any amendments to any such leases, easements or
agreements or for any new leases, easements or other related
agreements;
3.Adjacent Owners . A list of each property owner, together with
their respective residence and mailing addresses, located within
one (1) mile of the boundaries of the proposed Site;
4. Parcel Information. The address or other property identification
information, and the tax parcel number (tax map section, block and
lot number) of each proposed WTG location, appurtenant structure,
and any other related facilities;
5. Project Description. A reasonably detailed description of the project
including, but not limited to, the total number of proposed WTGs and
the maximum rated capacity of each WTG;
6. Plot Plans. A set of plot and/or site plans containing sufficient detail
to clearly describe and show the following:
(a)Property lines and physical dimensions of the Site and of any
property within one (1) mile of the Site boundaries;
(b)Locations of all proposed facilities and improvements,
including, but not limited to, the WTG, access roads, turnout
locations, electrical lines, substations, storage or maintenance
units, gates or fencing and any permanent meteorological
towers;
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(c)Location of all Residences and other existing structures on the
Site and within one (1) mile of the Site boundaries;
(d)Locations of parcels adjoining the Site;
(e)Locations of public roads on or adjacent to the Site;
(f)Locations of all above and below ground utility lines and/or
easements upon or affecting the Site;
(g)To demonstrate compliance with the setback requirements of
this Article, a diagram for each proposed WTG and substation
location indicating how such structure conforms to the setback
requirements under this 2019 Local Law; and
(h)Any Conservation Areas or Unique Natural Areas within the
Site boundaries or within one (1) mile of the Site boundaries.
7. Wind Turbine Information. One drawing or other set of information
may be submitted for each WTG of the same type and Total Height.
For each such type of WTG proposed, the application shall include:
(a)A vertical drawing of the WTG showing Total Height, turbine
dimensions, tower and turbine colors, distance between
ground and lowest point of any blade, location of climbing
pegs, and access door(s);
(b) Make, model, picture, and manufacturer’s specifications,
including information on the IEC 61400-11 test noise levels
during WTG operation, subject to any appropriate
confidentiality agreement upon request;
(c)Manufacturer’s Material Safety Data Sheet documentation for
the type and quality of all materials used in the operation of all
equipment including, but not limited to, all lubricants and
coolants, subject to any appropriate confidentiality agreement
upon request;
8. Landscaping Plan. A written plan depicting existing vegetation and
describing any areas to be cleared and the specimens proposed to be
added to provide landscaping or screening;
9. Lighting Plan. A written plan showing any FAA required lighting
and other proposed lighting;
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10.Stand Down Plan. A written plan outlining the stand down
requirements for high wind conditions, ice conditions, or other health
or safety issues (e.g., unusual levels of noise due to malfunctions, etc.)
during the operation of the WEF;
11. Decommissioning Plan. The Applicant shall submit a written
decommissioning plan that shall conform to the provisions of Article
VI, Section 2 of this 2019 Local Law;
12.Fire Protection Plan. A fire protection and emergency response plan
that is created in consultation with the fire department(s) having
jurisdiction over the proposed Site. The plan shall address all
activities at the WEF from the start of construction through the end of
power generation and the final removal and restoration of the site and
shall describe a response plan to address all identified potential fire,
rescue and hazardous materials scenarios. The Applicant/operator
shall ensure that the WEF complies with the following control and
prevention measures and assumes responsibility for all associated
incremental costs:
a.Use of fire-proof or fire-resistant building materials and
buffers or fire -retardant landscaping around WTGs and
WEFs as appropriate.
b.Incorporation of a self-contained fire protection system to
address nacelle fires or a written explanation of why this
standard would create an undue hardship.
c.Maintenance of firebreak areas as appropriate, cleared of
vegetation maintained as a fire/fuel break as long as the
WTG is in operation.
d.All private road access to the WEF shall be brought up to the
Town’s road standards to accommodate fire and rescue
vehicles and paid for by the Applicant/operator.
e.Provision for any additional firefighting or rescue personnel,
overtime costs, services, training, materials, incremental fire
emergency equipment and/or vehicles as may be required
to address any emergency related to the WEF that is beyond
the current capabilities and duties of the local fire
department.
13.Noise Monitoring Plan: Applicant will provide a post-construction
noise monitoring plan which shall, at a minimum, provide
verification from a qualified party, reasonably acceptable to the Town
Board, and using the Noise Measurement Standards and Procedures
outlined in Appendix A hereto, that WEF noise does not exceed the
sound levels set forth in Section 17.A. of this 2019 Local Law. The
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plan shall provide that a full electronic version of the noise
measurements, inputs, assumptions and data shall be provided to the
Town in usable form that will allow the Town’s consultants to verify
the measurements.
14.Environmental Monitoring Plan: The Applicant shall provide an
environmental monitoring plan which shall, at a minimum, permit
post-construction environmental studies deemed appropriate by the
Town Board. This plan will be funded by the Escrow Account. Post-
construction field studies will include, among other things, scientific
assessments of regional nesting failures, avian and bat mortality, and
territory abandonment of special status species like raptors species,
within two (2) miles of the WEF. All studies will conform to
applicable state and federal agency guidelines. Should these
guidelines conflict with the geographic extent outlined in this 2019
Local Law, the greatest of the geographic extent of this 2019 Local
Law, the applicable federal law or the applicable state law shall apply.
15. Construction Information. Information pertaining to the
construction/installation of the Wind Energy Facility, including, at a
minimum, the following:
(a)A construction plan, blueprints, specifications, and similar
construction documents duly sealed by a New York State
licensed engineer or architect depicting the sequence,
construction methodologies, methods and manners of
proposed construction, times of operation, site and access
controls, and safety and security plans; and
(b)A construction schedule describing anticipated construction
commencement and completion dates; and
(c)A description of the routes to be used by construction and
delivery vehicles; and
(d)The gross weights and heights of all loaded delivery and
construction vehicles;
16. EAF. A Completed Part 1 of the Full EAF as required by SEQRA;
17.Visual Assessment. A visual assessment following DEC Program
Policy DEP-00-2 (“Assessing and Mitigating Visual Impacts”) and any
revision must be completed to assist the Town in evaluating whether
the project site is visible from any publicly accessible location (public
lands and public roads);
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18.Maintenance Plan. The Applicant shall provide a maintenance plan
that details normal maintenance and storm follow-up and other
actions that will be undertaken to keep the WEF operating quietly,
efficiently, and not polluting land, air or water. This will include, but
not be limited to, the minimization of audible sounds, infrasound,
vibrations, Blade Glint, and fluid leaks. The plan shall also provide
that: (i) the operator of the WEF shall conduct preventative
maintenance inspections at least once every year as well as no later
than thirty (30) days after any wind event defined as a tropical storm
or Category I or higher hurricane; (ii) each inspection shall look for
such things as metal fatigue, nut loosening, and other potential
failures that might impact health and safety; and (iii) shall require that
inspection reports be provided to the Town Board within thirty (30)
days of such inspection;
19.Standards and Other Information. The Applicant shall (i)
affirmatively show compliance with the standards of Article IV of this
2019 Local Law, and (ii) provide such other information and data as
reasonably required by the Town; and
20. Signed Statement. A statement, signed under penalty of perjury, that
the information contained in the application is true and accurate.
B.Positive Declaration . If the Town Board determines in writing that the
proposed Wind Energy Facility or any WTG therein may have a
significant adverse impact on the environment the Town Board shall issue
a positive declaration of environmental significance.
C.WEF Economic Impact Study . Following the submission of a completed
application and as a condition to the issuance of any Wind Energy Permit
for a WEF hereunder, a thorough, conservative assessment of the WEF's
net economic impact on the community conducted by independent
experts hired by the Town and paid for from the Escrow Account shall be
conducted. This will include possible reduced hunting, reduced
agricultural yields due to bat takings, property devaluations (and the
commensurate loss in tax base), cost to community due to adverse health
effects, higher cost of electricity, among other relevant considerations.
This will be compared to any guaranteed incomes from the WEF. The
Applicant shall supply the Town Board with any information regarding
the WEF necessary to complete such assessment.
D.Road Use and Property Damage Agreement . Following the submission of
a completed application and as a condition to the issuance of any Wind
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Energy Permit for a WEF hereunder, the Applicant/Operator shall enter
into a Road Use and Property Damage Agreement, reasonably acceptable
to the Town Board, New York State Department of Transportation
(NYSDOT), the Tompkins County Highway Department (TCHD) and/or
the Town Board (as appropriate) agreeing, to the extent practicable, to
repair or replace all public real or personal property damaged at any time
during (a) construction of the WEF, (b) routine or extraordinary repairs or
maintenance of the WEF, and/or (c) during the partial or full
decommissioning of the WEF. Such agreement shall, at a minimum,
include the following terms:
a.The Applicant shall reimburse NYSDOT, TCHD and/or the Town
Board (as appropriate) for any and all repairs and reconstruction to
roads that are necessary due to the construction, repairs, maintenance
and/or decommissioning of the WEF. A qualified independent third
party or other qualified person, agreed to by the NYSDOT, the TCHD
and/or the Town Board (as appropriate) and the Applicant/Operator,
shall be hired to pre-inspect the roadways to be used during
construction, maintenance, repairs and/or decommissioning. This
third party shall be hired to evaluate, document, and rate the roads
condition prior to construction, repairs, maintenance or
decommissioning of the WEF, and again 30 days after the WEF is
completed, maintained, repaired or removed. NYSDOT, TCHD
and/or the Town Board may waive the requirement to evaluate,
document and rate the roadways in those circumstances where the
Applicant/Operator can demonstrate to the satisfaction of such agency
that any repairs or maintenance are unlikely to cause any material
damage to the roadways.
b.Any road damage during construction, repairs, maintenance and/or
decommissioning that is done by the Applicant/Operator and/or one
or more of its subcontractors that is identified by this third party shall
be repaired or reconstructed to the satisfaction and standards of
NYSDOT, TCHD, and/or the Town Board (as appropriate and
regardless of the initial condition of such roads prior to
commencement of any construction or other activities by the
Applicant/Operator) at the Applicant's/Operator’s expense, prior to
the final inspection. In addition, the Applicant/Operator shall pay for
all costs related to this third-party pre inspection work prior to receipt
of the final inspection.
c.The surety for removal of a decommissioned WEF shall not be released
to the Applicant/operator until the Town Board and Town Highway
Superintendent are satisfied that any road damage that is identified by
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this third party during and after decommissioning that is done by the
Applicant/Operator and/or one or more of its contractors or
subcontractors has been repaired or reconstructed to the satisfaction of
the NYSDOT, TCHD and/or the Town Board (as appropriate) at the
Applicant's/Operator’s expense. In addition, the Applicant/Operator
shall pay for all costs related to work of this third party's inspection
prior to receipt of the release of the surety.
d.The Road Use and Property Damage Agreement shall include
provisions to incorporate the standards for WEFs related to roads and
traffic pursuant to Article IV, Section 16 of this 2019 Local Law.
E. Environmental Studies. An Environmental Impact Study (EIS) will
ordinarily be required for Large WTGs in accordance with SEQRA. The
study area for the EIS shall include the proposed WEF, as well as the area at
least one (1) mile surrounding the proposed WEF.
In addition to any SEQRA requirements, at a minimum the EIS shall include
the potential impacts on:
(i)humans (such as audible and inaudible sounds, vibrations,
Shadow Flicker, Blade Glint, ice throw, component separation
and/or disintegration due to major storms, etc.);
(ii)wildlife, livestock and domestic animal populations, including
migratory flyways and corridors (same concerns as with
humans);
(iii)land and vegetation (such as Agricultural effects);
(iv)wetlands, water bodies, flowing water sources and
groundwater (including aquifer impacts due to turbine
foundations, etc.); and
(v)air (such as changes in humidity).
In particular, the following shall apply with respect to the EIS:
1.The Applicant shall provide the location and full description of any
Conservation Areas or Unique Natural Areas.
2.The Applicant must provide a written report from all appropriate
state and federal agencies detailing their evaluation of the proposed
WEF.
3.The Applicant must demonstrate, to the satisfaction of the
Town, that the proposed WEF will not have undue hydro-
geological consequences (e.g. with surface or subterranean
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water resources, and storm water runoff), or adverse effects on
geological stability, rare, threatened, or endangered wildlife,
significant wildlife habitat, livestock, threatened or endangered
plants, and rare or exemplary natural plant communities and
ecosystems.
4.The Applicant must provide a cumulative-impact assessment
of their WEF in the context of any other WEFs within twenty-
five (25) miles, including migratory bird, bat and large
mammal corridors, and demonstrate that the WEF is not
located in an area that will result in degradation of important
wildlife corridors or flyways.
5.Pre-construction field studies shall be conducted by the
Applicant using the most advanced techniques available. If the
preconstruction field studies demonstrate significant adverse
effect to birds, bats, game animals, water resources, habitat
fragmentation or other ecosystem degradation, the WEF
Applicant shall propose a remediation plan for each such issue,
subject to the Town Board's approval. If some environmental
impacts cannot be satisfactorily mitigated, that will be factored
into the Town Board's decision regarding the net benefits of the
WEF.
6.In determining the nature and effectiveness of such
remediation plans, the Town will be guided by input of its
citizens, its own consultants, the appropriate state & federal
agencies, and applicable state and federal laws and regulations.
The WEF Applicant will be responsible for the full cost of
implementing any approved remediation plan, under the
supervision of the Town Board and its designated agents.
7.A computer-generated "zone of visibility map" (covering at
least a ten (10) mile radius from the proposed LWEF) shall be
created by the Applicant to illustrate locations from which the
proposed installation may be seen, with and without foliage.
8. A visual impact assessment of each proposed WTG shall be
prepared by the Applicant. A visual impact assessment shall
include a computerized photographic simulation
demonstrating any visual impacts from all reasonable strategic
vantage points as identified or confirmed by the Town Board.
The visual impact assessment shall also include (i) color
photographs of the proposed Site from at least two locations
accurately depicting the existing property conditions and
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proposed impacts of each WTG upon visual sight and horizon
conditions, and (ii) a map showing the location of each WTG in
relation and keyed to the color photographs referenced in item
(i) of this paragraph;
9. The Applicant shall prepare a sound pressure study and noise
analysis, which at a minimum, provides verification from a
qualified party, reasonably acceptable to the Town Board, and
using the Noise Measurement Standards and Procedures
outlined in Appendix A hereto, that the pressure and noise
levels associated with each proposed WTG as well as any
substation does not exceed the sound levels set forth in Section
17.A. of this 2019 Local Law as measured at various distances
out to one (1) mile from each WTG and substation;
10. A study of potential Shadow Flicker and Blade Glint from each
WTG shall be prepared by the Applicant. The study shall
identify locations where Shadow Flicker or Blade Glint could
be caused by the WTG and the expected durations of the same
at these locations. Shadow Flicker and Blade Glint shall be
mitigated if their impact materially affects any Residence;
11. An assessment of potential interference of each proposed
WTG with microwave, radio, television, personal
communication systems and other wireless communications
shall be prepared by the Applicant. If reasonably determined
necessary by the Town, an EMI (electromagnetic interference)
study and the method and manner of mitigation of any EMI
impacts shall be supplied;
12 WEF Air Space Impact:
a.For all portions of the WEF more than 200 feet tall, the
Applicant shall provide a copy of a FAA
determination as a result of filing the FAA Form
7460-1, "Notice of Proposed Construction or
Alteration of an Object that may Affect the Navigable
Airspace.
b.If any portion of a WEF will be located within forty
(40) miles of any civilian or military airport runway,
or heliport, the Applicant shall demonstrate
compliance with all local County, State and Federal
airport related laws.
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c.The Applicant shall establish to the satisfaction of the
Town Board that the WEF will not adversely impact
the restricted air space in the area.
d.The Applicant shall provide a narrative description of
all risks to civil air navigation (including civilian
radar) and NEXRAD weather radar systems of the
WEF.
All costs and expenses incurred related to the environmental tests for the
WEF that are not paid for directly by the Applicant shall be paid from the
Escrow Account. The Town shall use the Escrow Account funds to hire
independent qualified experts, as needed, to do review any of the studies
included in the SEQRA requirements or this 2019 Local Law to determine if
the studies are adequate.
SECTION 2:APPLICATION REVIEW -
A. Pre-Application Meeting. Applicants may request a pre-application meeting
with the Town Board or with any consultants retained by the Town Board
for application review. Meetings with the Town Board shall be conducted in
accordance with the Open Meetings Law. Any such pre-application meeting
is not a review of completeness of the application by the Town Board. It is
the Applicant’s responsibility to assure the completeness of any application.
B.Escrow Agreement . As a condition to submitting an application for a
WEF, the Town Board shall require the Applicant to execute an escrow
agreement, reasonably acceptable to the Town Board, to establish an
escrow account that will be used to cover the amount by which the
Town’s estimated costs and expenses of review, including, but not limited
to, reasonable legal, consulting, and engineering fees, exceed (or will
exceed) the application fees paid by the Applicant. The escrow agreement
shall, at a minimum, include the following terms:
1.The Applicant shall reimburse the Town for all oversight expenses
incurred relating to the WEF, from application through
decommissioning.
2.Large WEF-related oversight expenses include (but are not limited
to) amounts required for building permits, licensing, re-licensing,
and decommissioning — e.g. administration, engineering, expert
health and wildlife evaluations, handling complaints, legal, etc.
"Legal" includes reasonable attorney fees for the Town if the Town
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has to commence any proceeding against the Applicant. It shall
also include any oversight expenses related to the transfer of any
building permit or license of a WEF.
3.Any interest earned on the Escrow Account shall stay with the
account and be considered new principal.
4.This Escrow Account shall be setup by the Applicant at the time of
the WEF permit application. This Escrow Account will be at a
financial institution approved by the Town Board, solely in the
name of the Town, to be managed by the Town Supervisor. The
Applicant will make an initial deposit of $50,000. A WEF permit
application will not be processed until proof of deposit has been
provided by the Applicant. A WEF permit application
determination will not be made until all costs incurred by the Town
to date, have been reimbursed by the Applicant.
5.If the WEF application is denied, all Escrow Account funds will be
returned to the Applicant, less related expenses incurred by the
Town. The money will be returned, along with a statement as to
these costs, within 30 days of the Application being formally
denied, or receipt of a letter of withdrawal. Permit fees are non-
refundable.
6.This Escrow Account will be funded during the life of the WEF by
the Applicant/Operator. The Applicant/Operator will replenish
any Escrow funds used by the Town within 14 days of being sent
written notification (and explanation) of said withdrawals. Failure
to maintain the Escrow Account at $50,000 (within 30 days of being
given notice) shall be cause for revocation (or denial of extension)
of the application and/or revocation of the Wind Energy Permit.
During any period in which the Escrow Account is not fully funded
pursuant to this 2019 Local Law, all work by the Town Board and
its agents on the project shall cease (except to the extent such failure
to act would be in violation of any other laws, including SEQRA)
until such Escrow Account has been brought back into compliance
with this law.
7.Once the Owner believes that they have satisfactorily complied
with the decommissioning conditions specified herein, they will
send the Town written notification. The Town then has sixty (60)
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days to verify to their satisfaction that all decommissioning
conditions have been complied with. If there is material non-
compliance, the Town will so notify the Owner and the process
starts over. Otherwise the Town will return all Escrow Account
funds to the Owner, less related expenses incurred by the Town,
along with an explanatory statement.
C. Application Submittal. The Applicant shall submit a fully completed
electronic digital application for a WEF, including all related and ancillary
exhibits, studies, and materials other than the required Environmental
Impact Study (see Article III, Section 1.D. of this 2019 Local Law), to the
Town Clerk, along with any application fees. Applications submitted for a
WEF pursuant to this 2019 Local Law shall not be required to separately
comply with the Town’s Site Plan Review Law but are required to comply
with all federal, state and local municipal building code requirements,
including the issuance of any required building permits.
D. WEF Application Completeness Review. Within ten (10) calendar days of
the submission of an application for a WEF and the related fees to the Town
Clerk by the Applicant, the Town Clerk shall transmit the application and
related materials to the Town Board. Within ninety (90) days of the
transmission of such fully completed application by the Town Clerk to the
Town Board, the Town Board shall determine whether all information
required under this Article is included in the application. For purposes of
such determination, the Town Board may consult with third party
consultants, the cost of which shall be reimbursed by the Applicant to the
Town through the Escrow Account. Such a determination is not to be
construed as an approval of any materials or submissions. No application
shall be considered until determined to be complete. If the application is
deemed incomplete, the Town Board shall provide the Applicant with a
written statement listing any incomplete or missing data, forms, or other
material or information. The Applicant shall have no longer than thirty (30)
days to respond to such notice and to complete the application or the
application shall be deemed to be terminated. Notwithstanding anything to
the contrary contained herein, any application deemed to be complete that is
outstanding for a period of longer than two (2) years following its initial
submission shall automatically terminate.
E.Public Hearing. Once the application has been declared complete, the Town
Board shall thereafter promptly consider and review the WEF application.
In addition, the Town Board shall schedule and conduct at least one public
hearing upon the WEF application no earlier than thirty (30) days and no
later than fifty (50) days after the date the application is determined to be
complete. In addition to the types of notices required by the Town Law of
the State of New York, notice of such public hearing shall be given by the
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Town by registered mail to all property owners within 2 miles of the
boundary of each parcel of property on which each proposed WTG or Wind
Energy Facility is located at least 15 business days in advance of the public
hearing. Persons entitled to notice may be determined by reference to the
latest completed official County assessment roll, and any address stated in
such assessment roll(s) shall be presumed to be a valid address for delivery
of such notice. “Notice” shall be deemed sufficient if such notice is mailed
by registered mail, postage prepaid, and deposited into the exclusive care
and custody of the United States Postal Service at least fifteen (15) business
days before the said Public Hearing. If any hearing is adjourned by the
Town Board to hear additional comments, or for any other reason, no further
publication or mailing shall be required unless required by the Town Law of
the State of New York. All expenses, including postage, for such notices
shall be reimbursed by the Applicant.
F. County Planning Board Notice. The Town shall give notice of the WEF
project to the Tompkins County Planning Board when required by General
Municipal Law 239-l, 239-m, and 239-n.
G. SEQRA Review. WEF permit applications shall be deemed Type I projects
under SEQRA and the Town has amended its Type I Actions under SEQRA
to so indicate. However, the Town reserves the right to classify a temporary
Wind Measurement Tower as a Type II action pursuant to the current
opinion and practice of the New York State Department of Environmental
Conservation and 6 NYCRR Part 617.5 subsections (21), (24) and/or (27).
Following the determination that the application is complete, the Town
Board shall conduct a SEQRA review in conjunction with other agencies, in
which case the records of review by such agencies shall become part of the
record of the Town’s proceedings. In addition to compliance with the rules
and regulations of SEQRA, the SEQRA review shall comply with the
requirements of Article III, Section 1.D. of this 2019 Local Law. As part of
such review, the Town Board shall schedule and conduct at least one public
hearing with respect to any Draft EIS as well as with respect to each
Supplemental Draft EIS (if any). Notice of any such public hearing(s) shall
comply with the requirements of Article III, Section 1. E. of this 2019 Local
Law. This public hearing is in addition to any public hearing required in
Article III, Section 2. E. of this 2019 Local Law.
H. SEQRA Findings. If a positive declaration of environmental significance has
been issued at the completion of the SEQRA review process and an EIS
prepared, the Town shall issue a Statement of Findings with respect to the
EIS pursuant to SEQRA.
SECTION 3:ISSUANCE OR DENIAL OF WIND ENERGY PERMITS –
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A.Upon receipt of a completed WEF application, receipt of the
recommendation of the County Planning Board (where applicable), the
holding of the public hearing(s), and completion of the SEQRA process,
the Town Board shall, upon consideration of the standards contained in
this 2019 Local Law, the record of the application and the record of the
SEQRA review, issue a statement of findings and a written decision with
the reasons for approval, conditional approval, or denial of the WEF
application fully stated. The Town Board shall issue such determination
within one hundred twenty (120) days after the last to occur of the receipt
of a completed application, receipt of the recommendation of the County
Planning Board (where applicable), the holding of the public hearing(s),
and completion of the SEQRA process. This process of approval,
conditional approval, or denial of the application is separate and apart
from any approval, conditional approval or denial in the Findings
Statement issued as part of the SEQRA review.
B. The Town Board may disapprove a WEF Permit Application based on
one or more of the following factors:
1.Conflict with safety and safety-related codes and requirements.
2.The use or construction of a WEF that is contrary to an already-
stated purpose of a specific zoning or land use designation or
conflicts with provisions of the Town’s Comprehensive Plan.
3.The operation of a WEF would be a net economic liability to the
community.
4.The operation of a WEF would create unacceptable health , welfare
or safety risks to members of the public.
5.The placement and operation of a WEF that would create an
unacceptable risk to wildlife and/or regional ecosystems.
6.The placement and location of a WEF would result in a conflict
with, or compromise, or significantly change, the nature or
character of the surrounding area.
7.The operation of a WEF would create unacceptable interference
with any type of civilian or military radar systems.
C.Due to the unusually broad array of findings, the Town shall adopt the
Precautionary Principle as its standard in making any and all
determinations under this 2019 Local Law (i.e., the Town shall be
particularly conservative and cautionary in its regulation of industrial
development).
D.Approval of any Wind Energy Permit for a WEF hereunder shall be
conditioned upon, among other things, ongoing compliance with the
landscaping plan, lighting plan, stand down plan, decommissioning plan,
fire protection plan, maintenance plan, construction plan, noise
monitoring plan, and environmental monitoring plan submitted as part of
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the final WEF application as well as the terms of any escrow agreement,
road use and property damage agreement or any other agreements
entered into in connection with the WEF. Failure to maintain such
compliance during the operation of the WEF shall subject the WEF and its
Operator and/or Landowner to all of the remedies set forth in Article VI
of this 2019 Local Law.
E.The approval of the Town Board shall be valid for a period of two (2)
years. Prior to the expiration of such approval, the Applicant or the
Operator of such WEF may submit no more than one (1) approval
extension application for up to an additional (1) year. Such approval
extension application shall be accompanied by a second application fee as
well as a letter explaining the reasons that would justify such an approval
extension. Approval of any such extension shall be in the sole discretion
of the Town Board.
F. If approved, the Town Board will direct the Town Clerk to issue a Wind
Energy Permit for the WEF upon satisfaction of all conditions for said
Permit, and will further direct the building inspector to issue a building
permit upon demonstrated compliance with the Uniform Fire Prevention
and Building Code, the applicable energy codes, other applicable codes,
and other pre-construction conditions of this 2019 Local Law. The
decision of the Town Board shall be promptly filed in the Office of the
Town Clerk and a copy shall be promptly mailed by the Town Clerk to the
Applicant by first class mail.
SECTION 4:APPROVAL LIMITATIONS; EASEMENTS AFFECTING TOWN
PROPERTY -
A.Wind Flow. Nothing in this 2019 Local Law shall be deemed to give an
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 2019 Local Law 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 Applicant or Operator to acquire any necessary
wind flow or turbulence easements or related rights to remove vegetation.
B.Easements on Town Property. Pursuant to the powers granted to the Town
to manage its own property, the Town may, in compliance with applicable
law, enter into noise, setback, or wind flow easements on such terms as the
Town Board deems appropriate.
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ARTICLE IV - STANDARDS FOR WIND ENERGY FACILITIES
SECTION 1:TRANSMISSION LINES. Wherever possible, power transmission
lines from any Large WTG to any building or other structure shall be buried at least 36
inches underground using the “double-trench” method.
SECTION 2:ANTENNAE CO-LOCATIONS. No television, radio, or other
communications antennae may be affixed or otherwise made part of any Large WTG,
unless a Variance or Waiver is granted under and pursuant to this 2019 Local Law.
SECTION 3:ADVERTISING. No paid advertising signs are allowed on any part
of the Wind Energy Facility, including fencing and support structures.
SECTION 4:WTG LIGHTING. No Large WTG shall be lit except to comply
with minimal FAA regulations or where required by the permit for safety reasons.
SECTION 5:VISUAL IMPACT MITIGATION. Applicants shall use measures to
reduce the visual impact of Large WTG to the extent possible, including, at a minimum,
the following: (i) Large WTG shall use tubular towers or other certified structures; (ii)
Large WTG shall be finished in a single, non-reflective matte finish color; (iii) Large
WTGs within a multiple WTG project shall be constructed using WTGs whose
appearance with respect to one another is similar within and throughout the project so
as to provide reasonable uniformity in overall size, geometry, and rotational speeds;
and (iv) Large WTGs shall be designed and constructed to operate with curtailment
technology that
avoids exposure to shadow flicker at any Sensitive Receptor.
SECTION 6:GUY WIRES. The use of guy wires for Large WTG is disfavored. A
Large WTG using guy wires for tower support shall incorporate appropriate measures
to mark and protect the guy wires and any Person from injury or damage.
SECTION 7:SIGNAL INTERFERENCE. No Large WTG shall be installed in any
location where its operation is likely to interfere with microwave, radio, television,
personal communication systems, medical devices and other wireless communications
unless adequate mitigations are in place and approved by the Town Board.
SECTION 8:WASTE REMOVAL. Solid waste, hazardous waste and
construction debris shall be removed from the Site and managed in a manner consistent
with all appropriate laws, rules and regulations, including, but not limited to all
environmental laws, rules, regulations and orders.
SECTION 9:CLEARING. Wind Energy Facilities shall be designed to minimize
erosion, sedimentation and stormwater impacts of soil disturbances, land clearing and
the project. Land protected by conservation easements shall be avoided when feasible.
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The use of previously developed areas will be given priority wherever possible.
SECTION 10:WILDLIFE. Wind Energy Facilities shall be located in a manner
that minimizes significant negative impacts, if any, upon rare animal species in the
vicinity, particularly bird and bat species.
SECTION 11:WETLANDS. Wind Energy Facilities shall be located in a manner
consistent with all applicable state and federal wetlands laws and regulations and any
issued wetland permits.
SECTION 12:STORMWATER. Stormwater run-off and erosion controls shall be
managed in a manner consistent with all applicable local, state and federal laws and
regulations.
SECTION 13:CONSTRUCTION TIMES. Construction of the Wind Energy
Facilities shall be limited to the hours of 7 a.m. to 7 p.m., except for certain activities that
(i) require otherwise due to temperature or other engineering circumstances, and (ii) are
so approved by the Town Board.
SECTION 14:WATER SUPPLY. Construction of Wind Energy Facilities shall be
managed in a manner that minimizes the impact upon aquifers and private and public
water supplies and to comply with any water protection plans which may be adopted
by the Town.
SECTION 15:REQUIRED SAFETY MEASURES. The following safety measures
shall be complied with:
A.Controls. Each Large WTG 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.Minimum Blade Height. The minimum distance between the ground and
any part of rotor or blade system shall be twenty (20) feet.
C.Signs. 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.
The Town may require additional signage;
D.Climbing Pegs. No climbing pegs or tower ladders shall be located within
twelve (12) feet of ground level, as measured from the base of the structure;
E.Access Control. Large WTGs shall be designed to prevent unauthorized
access to electrical and mechanical components and shall have access doors
that are kept securely locked at all times.
SECTION 16:ROADS AND TRAFFIC. The following traffic and road
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requirements shall be complied with:
A.Traffic Routes. Construction and delivery vehicles for Large WTG and Wind
Energy Facilities shall only 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 WTG traffic during times of school bus activity;
3.Minimizing wear and tear on local roads;
4.Minimizing impacts on local business operations.
B.Traffic Controls. Wind Energy Permit conditions shall require the Applicant
to provide a written plan for disseminating traffic route information to the
public.
C.Road and Construction Damage Remediation . The Applicant shall be
responsible for the remediation and repair of damaged real or personal
property, public or private, as well as Town roads and highways damaged
during the construction or decommissioning of a WEF. A public
improvement bond, or other security as determined by the Town Board,
shall be posted prior to the issuance of any building permit in an amount, as
determined by the Town Board, sufficient to compensate the Town for any
estimated loss or expense and to effect repair and remediation of Town
property, roads and highways, and their related appurtenances.
SECTION 17:SOUND LEVELS AND LARGE WTG SETBACKS. Subject to the
provisions of Article IV, Section 18. below, the following shall apply to each Large WTG
or Wind Energy Facility:
A.Sound Levels . The Sound Pressure Level generated by a WTG or Wind
Energy Facility, as measured at any point on or beyond the of the
boundary of each parcel of property on which each proposed WTG or
Wind Energy Facility is located shall not exceed:
1.40 dBA Fast Lmax between 9 AM and 9 PM;
2.35 dBA Fast Lmax between 9 PM and 9AM;
3.50 dBC Fast Lmax between 9 AM and 9 PM; and
4.45 dBC Fast Lmax between 9 PM and 9AM.
Noise measurement standards and procedures that must be used are
contained in Appendix A.
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B.Setbacks. Each Large WTG shall be located with the following minimum
setbacks, as measured from the center of the WTG:
1.Residences, Property Line, and Unique Natural Areas . Two
thousand six hundred forty (2,640) feet or five and one-half (5.5) times
the Total Height of the WTG, whichever is greater, from any
Residences, property lines, and Unique Natural Areas;
2. Driveways and Roads. Two (2) times the Total Height of the WTG
from public, and seasonal and limited use roadways;
3.WTG . Four hundred fifty (450) feet or 1.1 times the Total Height of
the WTG as measured horizontally from the center-point of the
proposed WTG to the center-point of any existing WTG, whichever
is greater;
4.Wetlands, Public Utilities . Two (2) times the Total Height of the
WTG from mapped or jurisdictional wetlands, except where
wetlands fill or construction permits have been issued by the DEC
or ACE, as applicable or any public utilities;
5.Streams . One hundred (100) feet from the edge of perennial
streams and fifty (50) feet from the centerline of intermittent
streams;
6.Disclosure of WEF parcels . To properly determine setbacks under
this Article IV, each Applicant for a WEF must provide information
on parcel location, ownership, and project components proposed
for siting on all parcels necessary for the project, including fully
executed copies of all pages of any leases, easements and any other
related agreements for the WEF (not simply memorandums).
C. Substation. Any substation shall be located a minimum of two hundred
(200) feet from any Residences or property lines.
D.Infrastructure, Electrical Lines, Access Roads and Accessory Structures . Any
related infrastructure, electrical lines, access roads and/or accessory
structures of a Wind Energy Facility shall be located a minimum of two
hundred (200) feet from any Residences or property lines.
E.Height Restriction . No WTG shall exceed a Total Height of 500 feet.
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SECTION 18:PROJECT MANAGEMENT AND OVERSIGHT
A.Upon approval by the Town Board of a Wind Energy Permit application, and
as a condition to the issuance of a Wind Energy Permit, the applicant shall
designate a field representative and site manager who will be responsible for
overseeing compliance with the conditions of the Wind Energy Permit. Such
representative and site manager shall be in place for as long as the WEF is in
place and will interact directly with the Town Board, the project monitor
hired by the Town and the designated engineering firm representative. This
person will have the authority to make management and technical decisions
as situations demand. The Applicant and/or Operator shall provide and
update, at all times, the names, addresses, daytime telephone numbers and
emergency telephone numbers of field representative and site manager to the
Town Board. The applicant shall also provide contact information for all
entities providing operation, maintenance and monitoring services.
B.The Town Board will make the telephone numbers of the field representative
or site manager available to local residents and officials upon request
C.As a condition to the issuance of a Wind Energy Permit, the services of an
independent engineering firm and an independent full-time on-site monitor
shall be retained by the Town during the construction phase of the WEF
project. The Applicant/Operator shall assume all costs associated with the
hiring and managing of these two positions who will report directly to the
Town Board.
D.The engineering firm shall have prior experience in commercial wind
development, construction, and operation. Documentation and references
will be required.
E.The engineering firm will oversee all aspects of construction and will be
included in all design, construction, and planning meetings. Both the
engineering firm and the Town Board shall be provided with all technical
information, specification and drawings. A representative of the engineering
firm shall be on-site at all times during the construction phase.
F.The engineering firm duties shall include code enforcement and project
specification compliance and they will be responsible for confirming that all
project specifications are implemented. The firm's representative and the
independent monitor will have the authority to issue a "stop work order" for
issues including but not limited to: (a) safety, (b) developer compliance
issues, and (c) insufficient project documentation.
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G.The applicant shall file daily, weekly and monthly construction plans and
will follow the planned work schedule as much as possible. When daily,
weekly, or monthly schedules are not completed as planned, updated
schedules shall be developed and given to the Town Board monitor and the
engineering firm representative.
H.Any design changes during construction must be pre-approved by the
engineering firm and the Town Board. The Applicant/Operator shall provide
the Town Board and the engineering firm representative with "As Built"
Drawings within (1) one week of completion of each portion of the
construction phase or as requested by the Town Board monitor or
engineering firm representative.
I.All up-grades or changes to the WEF project, as permitted, shall be reviewed
and approved by the engineering firm and the Town Board monitor prior to
the implementation of such upgrades or changes.
SECTION 19:PROPERTY VALUE GUARANTEE. An Applicant or Operator
must offer a property value guarantee to any property owner who requests one
pursuant to the standards provided in Appendix B.
SECTION 20:TRANSFER OF OWNERSHIP. The transfer of any WEF to an entity
other than the Applicant to whom such permit was issued shall require approval of the
Town Board, upon a demonstration that the transferee (i) is able to fully comply with
this 2019 Local Law, (ii) has the financial ability to own and operate the WEF, (iii) has
the experience necessary to own and operate the WEF, (iv) has accepted, in writing, all
obligations imposed under any permit (including a Wind Energy Permit), Variance,
Waiver, this 2019 Local Law, any Developer’s Agreement, or any other applicable
contract or agreement, and (v) is otherwise fit to hold and comply with all required
permits. Prior to any transfer of project ownership, the Applicant and/or Operator shall
provide the Town Board with the following: (1) a description of the business
background and experience of the proposed transferee, (2) a draft copy of the proposed
instrument by which the Applicant or Operator proposes to effectuate the transfer, (3) a
current financial statement for the proposed transferee, and (4) a record of any non-
compliance with any permit by the transferee or its affiliates, including its parent and
corporate siblings during the 10 years prior to application to transfer or any notice of
intent to transfer ownership. Within sixty (60) days after receiving this information, the
Town Board shall notify the Applicant or Operator of its determination. Upon approval
of the transfer, the Applicant or Operator shall provide the Town Board with a copy of
the executed instrument effectuating the transfer. Should the Town Board withhold its
consent, it must state in writing the specific reasons for its determination. Any costs
related to the Town Board’s review of such transfer shall be paid for by the transferor
Applicant or Operator
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ARTICLE V – WAIVERS, VARIANCES, AND APPEALS
SECTION 1:WAIVERS - Where the Town Board finds that, due to the special
circumstances of a particular case, a waiver of certain requirements is justified a Waiver
may be granted upon the following terms and conditions:
A.The Town Board calls and conducts a public hearing upon such Waiver
request, whereas the impact of the Waiver on the neighborhood, the
potential detriment to nearby properties, the benefit to the Applicant,
feasible alternatives, and the scope of the Waiver request shall be duly
considered;
B.The Town Board may attach such conditions as it deems appropriate to any
Waiver approvals to minimize the impact of the Waiver, including
conditions precedent to the effectiveness or validity of the Waiver;
C.In all cases, no Waiver shall be granted unless the Town Board finds and
records in its minutes that: (1) granting the Waiver would be keeping with
the intent and spirit of this 2019 Local Law and is in the best interests of the
community; (2) there is no adverse effect upon the welfare of the
neighborhood; (3) there are special circumstances involved in the particular
case; (4) denying the Waiver would result in undue hardship to the
Applicant or Operator, provided that such hardship has not been self-
imposed; and (5) the Waiver is necessary or required due to any rational
factor, including, but not limited to, limitations due to topography, the state
of scientific knowledge or the limits of material sciences, or the nature of the
Site.
D.The Town Board may revoke any Waiver for reasonable cause should the
Applicant or Operator fail to comply with any non-waived provision of this
2019 Local Law or fail to comply with the terms and conditions stated in any
granted Waiver.
SECTION 2:VARIANCES – Where the Town Board finds that, due to the special
circumstances of a particular case, a Variance or modification of certain requirements is
justified, such Variance may be granted upon the following terms and conditions:
A.The Town Board finds and the Town Clerk records in the minutes that: (1)
granting the Variance would be keeping with the intent and spirit of this
2019 Local Law, and is in the best interests of the community; (2) there is no
adverse effect upon the welfare of the neighborhood; (3) there are special
circumstances involved in the particular case; (4) denying the Variance
would result in undue hardship to the Applicant or Operator, provided that
such hardship has not been self-imposed; and (5) the Variance is the
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minimum necessary degree of variation from the requirements of this 2019
Local Law.
B.The Town Board may attach such conditions as it deems appropriate to
Variance approvals to minimize the impact of the Variance, including
conditions precedent to the effectiveness or validity of the Variance;
C.The Town Board may revoke any Variance for reasonable cause should the
Applicant or Operator fail to comply with any non-waived provision of this
2019 Local Law or fail to comply with the terms and conditions stated in any
granted Variance. If the Applicant or Operator believes the revocation was
improper an administrative appeal may be filed in accord with this 2019
Local Law.
SECTION 3:APPEALS - Any Person(s) aggrieved by the failure to issue or
renew any variance, Waiver, or permit, by any determination, interpretation, or
decision of the Town, the Town Board, or the Enforcement Officer, including by any
conditions attached to any permit, Variance or Waiver, or the revocation or suspension
of any permit Variance or Waiver, shall have a right to appeal such matter pursuant to a
court proceeding under Article 78 of New York’s Civil Practice Law and Rules .
ARTICLE VI – OPERATION, PERMIT REVOCATION, ABATEMENT,
VIOLATIONS
SECTION 1:OPERATION, PERMIT REVOCATION, AND ABATEMENT -
A.Operation. Each Large WTG and each Wind Energy Facility 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.
B.Violations of Permit Conditions or 2019 Local Law . Should the operation of
any Large WTG or Wind Energy Facility, or any Applicant or Operator,
violate any Wind Energy Permit condition(s) or any requirements of this 2019
Local Law, the Applicant or Operator shall remedy each such violation or
situation of non-compliance described below in paragraph C.4. of the
Complaint Resolution Process in the manner described below or, with respect
to any other violation or situation of non-compliance, within ninety (90) days
after the delivery of written notice from the Town Board, unless, for good
cause shown, the Town Board grants an extension to such 90-day compliance
period. The Town Board may grant or deny any request for an extension in
its own and sole discretion, without recourse, and for any or no reason.
C.Complaint Resolution Process.
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1.Any property owner or resident within the Town of Enfield may register a
complaint with the Enforcement Officer that a Wind Energy Facility is
being operated in violation of the Wind Energy Permit or otherwise in
violation of the criteria set forth in this 2019 Local Law. Such complaints
may include, but will not be limited to: noise, flicker or shadow effect,
change in water quantity or quality, loss of or diminished telephone,
television, or radio reception, interference with a medical device, or the
new presence of radon gas. The Enforcement Officer shall inform the
Town Board of such complaint within three (3) business days and the
Town Board shall investigate (or cause to be investigated) the complaint
in accordance with this Article VI and, where necessary, may engage the
services of an expert to assist in such investigation. The cost for such
expert services shall be paid from the Escrow Account. In the event that
the Town Board determines that the complaint is valid, and that the Wind
Energy Facility is being operated in violation of its Wind Energy Permit or
otherwise in violation of the criteria as set forth in this 2019 Local Law, the
Town Board shall issue written notice to remedy such violation to the
Applicant and/or Operator of the Wind Energy Facility, which notice
shall specify the actions required to be taken by the Applicant/Operator
of the Wind Energy Facility in order to cure the violation, and the time
period within such action must be taken.
2.In the event that the Applicant/Operator of the Wind Energy Facility fails
to comply with such notice to remedy, the Enforcement Officer shall
report such failure to the Town Board with a recommendation that the
Town Board proceed with the enforcement provisions contained in
Articles VI and IX of this 2019 Local Law.
3.If the Town Board determines that the Wind Energy Facility is not being
operated in violation of the Wind Energy Permit or otherwise in violation
of the criteria set forth in this 2019 Local Law, the Town Board shall set
forth its findings which shall be filed with the Town Clerk and forwarded
by registered mail to the complaining party. The complaining party shall
have a right to challenge such determination in a proceeding commenced
pursuant to the provisions of Article 78 of New York’s Civil Practice Law
and Rules.
4.The following criteria/process for WEFs shall apply to the specific areas of
complaints as identified below, and where the complaint falls outside of
the specific areas outlined is this paragraph C.4., the general provisions in
this Article VI shall apply:
(a)Shadow flicker: Upon the receipt of a written complaint of
disturbance due to shadow flicker filed by a resident
together with a video thereof identifying the particular
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Large WTG(s) by number within the Wind Energy Facility,
or other comparable corroborating evidence, the Town
Board shall notify the Applicant/Operator of the Wind
Energy Facility that such complaint has been received, and
that the Town Board shall meet at a date and time certain, in
a public hearing, to review the complaint. The
Applicant/Operator of the WEF may present evidence to the
Town Board to contradict the evidence presented by the
complaining party. The Town Board shall hold a public
hearing at the date and time stated in the notice to review
the complaint and the evidence provided therewith, together
with any evidence provided by the Applicant/Operator of
the WEF, and shall make a determination as to the validity
of the complaint. In the event the Town Board determines
that the complaint is valid, it will notify the
Applicant/Operator of the WEF and order that the
disturbance be mitigated within 48 hours. Mitigation may be
accomplished by ceasing operation of the identified WTG
during flicker hours or in another manner acceptable to the
Town Board as proposed by the Applicant/Operator of the
Facility. In the event that the Applicant/Operator of the
Facility fails to provide the required mitigation as indicated
in the order issued by the Town Board, the Enforcement
Officer shall render a written report to the Town Board,
which shall also be filed with the Town Clerk, with the
recommendation that the Town Board commence
enforcement proceedings pursuant to Article IX of this 2019
Local Law.
(b)Setbacks: Upon receipt of a written complaint filed by a
resident that a setback requirement for a WEF or any
component of a WEF imposed under the provisions of this
2019 Local Law, or specified in the Wind Energy Permit has
been violated, the Town Board shall investigate such
complaint (or cause such complaint to be investigated) and
shall meet, in a public hearing, to review the results of such
investigation. In the event a setback violation is confirmed,
the Town Board shall notify the Applicant/Operator of the
WEF in writing by personal service or registered mail of
such violation. The notification shall include an order to
remedy which shall set forth the particular method by which
such violation may be cured and the time period within
which the same shall be completed. Failure to comply with
the notice to remedy may result in enforcement pursuant to
34
Article IX of this 2019 Local Law, which may include, but is
not limited to, the revocation of the Wind Energy Permit.
(c) Noise/sleep interference: Upon receipt of a written
complaint filed by a resident that a noise disturbance related
to a WEF in violation of the provisions of this 2109 Local
Law and/or the Wind Energy Permit issued thereunder is
occurring, together with a documented noise log of the
specific Large WTG alleged to be in violation , the Town
Board shall conduct an investigation and may, in its
discretion, retain an independent acoustic investigator to
investigate the complaint. The fees for such services shall be
paid from the Escrow Account. The Town Board shall
prepare a written acoustical investigation report, which shall
include the results of any third party reports provided to the
Town Board as part of the investigation. Copies of the
acoustical investigation report shall be supplied to the
complaining party, the Applicant/Operator of the WEF, and
the Town Board. The Town Board shall meet, in a public
hearing, to review the results of the written acoustical
investigation report, and in the event that the investigation
confirms a violation of the noise requirements, the Town
Board shall issue an notice which shall require the WTG
causing the noise violation to be shut down until such WTG
can be brought into compliance with the provisions of this
2019 Local Law and/or the Wind Energy Permit. Failure to
comply with the notice to remedy may result in enforcement
pursuant to Article IX of this 2019 Local Law, which may
include, but is not limited to, the revocation of the Wind
Energy Permit.
(d)Electromagnetic-stray voltage: Upon receipt of a written
complaint from a resident of electromagnetic interference or
stray voltage by a WEF, the Town Board shall conduct an
investigation and may, in its discretion, retain the services of
an electrical engineer to conduct a stray voltage or
electromagnetic interference investigation with the cost of
such services to be paid from the Escrow Account. The Town
Board shall prepare a written investigation report, which
shall include the results of any third party reports provided
to the Town Board as part of the investigation. Copies of the
investigation report shall be supplied to the complaining
party, the Applicant/Operator of the WEF, and the Town
Board. The Town Board shall meet, in a public hearing, to
35
review the results of the written investigation report and, in
the event that the complaint is determined to be valid, the
Town Board shall issue a notice to the Applicant/Operator
of the WEF to cure the violation within a period of one (1)
week from the date of such notice. Failure to comply with
the notice to remedy may result in enforcement pursuant to
Article IX of this 2019 Local Law, which may include, but is
not limited to, the revocation of the Wind Energy Permit.
(e)Contamination of aquifers, ground water, or wells: Upon
receipt of a complaint, written or oral, from a resident that
an aquifer, ground water, or well water has been disturbed
by the Wind Energy Facility, the Town Board shall
immediately notify the Applicant/Operator of the WEF that
such complaint has been received, and the
Applicant/Operator shall have seventy two (72) hours from
receipt of such notice to determine whether the complaint is
due to development impact from the WEF. If such
determination cannot as a practical matter be provided
within 72 hours, the Applicant/Owner must provide an
alternative source of potable water to the complaining
resident until the determination is provided. Provision of an
alternative source of water shall continue until such time as
the Town Board establishes that the WEF has not caused
contamination. If the Applicant/Operator of the WEF
determines that the disturbance is not related to the
development and notifies the Town Board thereof, the Town
Board may undertake its own investigation and may, in its
discretion, engage the services of a professional engineer to
conduct appropriate and necessary tests and to render a
report as to the causation of the disturbance. The expense for
such services shall be paid from the Escrow Account. If the
Town Board’s investigation establishes that the WEF
development is the cause of such impact, the Town Board
may order the Applicant/Operator of the WEF to provide
potable water to the affected residents and to file with the
Town Board an action report of the proposed resolution of
the disturbance. In the event of verification of toxic
contamination to a well, ground water or aquifer, the
Applicant/Operator of the WEF and/or the Town Board
shall notify the DEC. In the event the incident falls under the
jurisdiction of the DEC, the Town shall defer to the DEC for
remediation/action in connection therewith. In the event the
36
incident is not within the jurisdiction of the DEC, but
disturbance or contamination is found, the
Applicant/Operator of the WEF shall have five (5) days
from receipt of such findings to correct the
disturbance/contamination in a manner satisfactory to the
Town Board. Failure to comply with an order of the Town
Board issued hereunder shall subject the
Applicant/Operator of the Facility to the enforcement
pursuant to Article IX of this 2019 Local Law, which may
include, but is not limited to, the revocation of the Wind
Energy Permit.
.
D.Hearing . If the violation(s) and/or incidents of non-compliance (other than
those outlined in Article VI, Section 1.C.4. above) related to a WEF, are not
cured within such 90-day period and no extension to such 90-day period has
been granted, the Town Board may, after a public meeting at which the
Applicant or Operator shall be given opportunity to be heard and present
evidence and/or a plan to come into compliance: (i) order remedial action
within a particular time frame, or (ii) order revocation of the Wind Energy
Permit and require the removal and decommissioning and of the WEF
and/or Large WTG and restoration of the Site within ninety (90) days. If the
ordered removal, decommissioning and restoration are not completed within
said ninety (90) days, the Town shall have the right to remove the WEF
and/or Large WTG at the Applicant’s or Operator’s expense, and the Town
may use any security posted as part of the Decommissioning Fund to pay the
costs and expenses of such removal, decommissioning and restoration, or
undertake any other action permitted by this 2019 Local Law.
E.Inoperative WTG . If any Large WTG or Wind Energy Facility remains non-
functional or inoperative for any continuous period of twelve (12) months the
said WTG or Wind Energy Facility shall be removed, decommissioned, and
the Site restored. This requirement may be suspended for one or more
consecutive 6 month periods, but not to exceed eighteen (18) months, if either
(i) the Operator or Applicant demonstrates to the Town Board that it has been
making good faith efforts to restore the Large WTG or the Wind Energy
Facility to an operable condition, but despite such good faith efforts, whether
due to a shortage of materials, labor, Acts of God, moratorium or prohibition,
or other cause outside the reasonable control of the Operator or Applicant,
such restoration to operable condition is not possible and/or feasible, or (ii)
the Town issues a remedial action plan, which plan shall recommend to the
Operator or Applicant the means, manners, and timeframes in or by which
the Large WTG or Wind Energy Facility shall be brought into compliance
with this 2019 Local Law and placed into operable condition. The lack of
function or operation of any Large WTG or Wind Energy Facility may be
37
conclusively proven by reference to reports to or from the Public Service
Commission, NYSERDA, a New York Independent System Operator, or by
the lack of income and/or electrical power generation. Upon request of the
Town or the Enforcement Officer, the operator or Applicant shall make
available to the Town Board all reports to and from the purchaser(s) of
energy from any individual Large WTG necessary to prove the WTG is
functioning, which reports may be redacted as necessary to protect any
proprietary information.
F.Removal and Remediation . Large WTG and Wind Energy Facility removal
shall comply with the provisions of Section 2.D. of this Article VI outlined
below.
SECTION 2:ABANDONMENT AND DECOMMISSIONING -
A.Applicability and purpose. This section governing abandonment and
decommissioning shall apply to all WEFs. It is the purpose of this section to
provide for the safety, health, protection and general welfare of persons and
property in the Town of Enfield, by the Town requiring abandoned Large WEFs
to be removed pursuant to a decommissioning plan. Abandoned commercial
systems may become unsafe by reason of their energy-producing capabilities,
serve as an attractive nuisance and/or may create an environmental hazard.
B.Abandonment. A Large WTG or WEF shall be deemed abandoned if the
WTG or WEF system fails to generate and transmit electricity over a continuous
period of one year at a rate of at least 25% of its projected production based on the
application approved by the Town Board for the project. A WEF also shall be
deemed abandoned if following WEF Permit issuance construction of the system
is not completed within 18 months of issuance of the first building permit for the
project.
1.Extension of time. The time at which a Large WTG or WEF shall be
deemed abandoned may be extended by the Town Board for an additional
period of up to one year, provided the system owner presents to the Town
Board a viable plan, reasonably acceptable to the Town Board, outlining
the steps and schedules for placing the WTG or WEF system in service or
back in service within the time period of the extension. An application for
an extension of time shall be made to the Town Board by the Applicant
and/or Operator prior to abandonment as defined herein. Extenuating
circumstances as to why the Large WTG or WEF has not been operating or
38
why construction has not been completed may be considered by the Town
Board in determining whether to grant an extension.
C.Removal required. A Large WTG or WEF which has been abandoned shall
be decommissioned and removed. The Applicant/Operator and/or Landowner(s)
of the land upon which the Large WTG or WEF system is located shall be held
responsible to physically remove all components of the Large WTG or WEF
system within one year of abandonment. Removal of the Large WTG or WEF shall
be in accordance with a decommissioning plan approved by the Town Board.
D.Decommissioning and Removal.
1.Decommissioning and removal of a Large WTG and/or WEF shall
consist of:
(a)Physical removal of all above ground equipment and
structures and removal of all below ground equipment, buried wires,
conduits and foundations to a depth of three (3) feet below grade,
including but not limited to all infrastructure, substations, accessory
buildings, security barriers, fences, electric transmission lines and
components, roadways and other physical improvements to the site
related to the Large WEF;
(b)Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations;
(c)Restoration of the ground surface and soil;
(d)Stabilization and revegetation of the site with native seed
mixes and/or plant species (excluding invasive species) to minimize
erosion.
2.Upon petition to the Town Board, the Town Board shall permit the
Operator and/or Landowner to leave certain underground or above
39
ground improvements in place, provided such abandonment in place is
not detrimental to redevelopment of the site, and does not adversely affect
community character or the environment.
E.Wind Energy Permit Decommission conditions. The following conditions
shall apply to all Wind Energy Permits issued for a WEF. No Wind Energy Permit
for a WEF shall be issued unless the Town Board finds that the conditions have
been or will be met.
1.Decommissioning plan. All applications for a WEF shall be
accompanied by a decommissioning plan to be implemented upon
abandonment and/or in conjunction with removal of the system. The
decommissioning plan shall address those items listed in the above
section and include:
(a)An estimate of the anticipated operational life of the
system;
(b)Identification of the party responsible for
decommissioning;
(c)Description of any agreement with the Landowner
regarding decommissioning;
(d)A schedule showing the time frame over which
decommissioning will occur and for completion of site
restoration work;
(e)A certified and sealed cost estimate prepared by a
qualified structural engineer or professional engineer, who
shall be reasonably acceptable to the Town Board, estimating
the full cost of decommissioning and removal of the WEF,
including, but not limited to, the cost of solid waste disposal
and the cost to clean-up any hazardous waste leakage on the
property. For purposes of calculating such estimate, the
decommissioning and removal cost for each Large WTG shall
40
be the greater of One Hundred Twenty-Five Thousand Dollars
($125,000) or the amount determined pursuant to such
certified and sealed cost estimate. The Town Board shall have
the sole discretion to require a structural engineer or a
professional engineer and regardless of which type of
engineer is chosen, such engineer shall be licensed by the State
of New York. The Town Board shall have the right, in its sole
discretion, to have this estimate reviewed by an independent
structural engineer at the Operator’s expense. No salvage
value shall be taken into account in determining the
decommissioning and removal costs;
(f)A financial plan to ensure that financial resources will
be available to fully decommission the site.
i.Financial surety. Prior to the issuance of a building
permit and every two years thereafter, the Applicant and/
or Operator of a WEF shall provide an irrevocable letter of
credit or cash security held by the Town Board in the
amount of one hundred twenty five percent (125%) of the
full cost of decommissioning and removal of the WEF,
which amount shall automatically be increased by two
percent (2%) the following year, in the event the system is
not removed by the WEF Operator and/or Landowner.
Evidence of financial security shall be in effect throughout
the life of the system and shall be, in the sole discretion of
the Town Board, either in the form of an irrevocable letter
of credit or cash security acceptable to the Town Board.
The irrevocable letter of credit shall include an auto
extension provision if possible, to be issued by an A-rated
institution solely for the benefit of the Town and for the
benefit of the Landowner if the land is leased to the
operator of the system. The Town shall be entitled to draw
on the letter of credit or cash security in the event that the
Operator and/or Landowner is unable or unwilling to
commence decommissioning activities within the time
periods specified herein. In the event a demand for
decommissioning is made by the Town to a Landowner
that leases his or her property to the Operator of the WEF,
such Landowner may also be entitled to draw on such
letter of credit if the Operator of such WEF is unable or
unwilling to commence decommissioning activities within
41
the time periods specified herein. No other parties,
including the Operator shall have the ability to demand
payment under the letter of credit. Upon completion of
decommissioning, the Operator and/or Landowner may
petition the Town to terminate the letter of credit or cash
security. In the event ownership of the WEF is transferred
to another party, the new owner (transferee) shall file
evidence of financial security with the Town at the time of
transfer, and every two years thereafter, as provided
herein. Failure to keep a surety in place as required by this
law shall result in the revocation of the Wind Energy
Permit and the termination of the project unless and until
such surety is restored; provided, however, that any lapse
of a surety in excess of 180 days shall be deemed an
abandonment of the project pursuant to Section 2.F. herein
and subject to complete decommissioning in accordance
with this 2019 Local Law.
ii.Amount. The amount of the surety shall be determined
by the Town Board based upon a current estimate of
decommissioning and removal costs as provided in the
decommissioning plan and subsequent bi-annual reports
required pursuant to paragraph iii. below. For purposes of
this determination, the bi-annual decommissioning report
shall be required to meet the same requirements set forth
in Article VI Section 2.E.1.e. as the original
decommissioning cost estimate. The amount of the surety
shall be adjusted by the Town Board as appropriate upon
receipt of a bi-annual report containing an updated cost
estimate for decommissioning and removal.
iii.Annual report. The WEF Operator shall, on a yearly
basis, provide the Town Clerk a report showing the rated
capacity of the system and the amount of electricity that
was generated by the system and transmitted to the grid
over the most recent twelve-month period compared to the
amount of energy that was projected to be generated in the
application approved by the Town Board. The Town Clerk
shall forward such report to the Town Board and the
Enforcement Officer within 5 business days of receipt of
the report. The report shall also identify any change in
ownership of the WEF and/or the land upon which the
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system is located and shall identify any change in the party
responsible for decommissioning and removal of the
system upon its abandonment. The annual report shall be
submitted no later than 45 calendar days after the end of
the calendar year. Every second year, to coincide with the
filing of evidence of financial security, such report shall
also include a recalculation of the estimated full cost of
decommissioning and removal of the WEF in accordance
with the provisions of this Section 7. The Town shall
require an adjustment, as appropriate, in the amount of the
surety to reflect any changes in the estimated cost of
decommissioning and removal; provided, however, that
the cost to decommission and remove the Large WTGs
shall not be less than One Hundred Twenty Five Thousand
Dollars ($125,000) per Large WTG. Failure to submit a
report as required herein shall be considered a violation of
Section 2 of this 2019 Local Law.
F.Decommissioning and removal by Town. If the WEF Operator and/or
Landowner fails to decommission and remove an abandoned Large WTG or WEF
in accordance with the requirements of this section, the Town may enter upon the
property to decommission and remove the system.
1.Procedure
(a)Upon a determination by the Town Board that a Large
WTG or WEF has been abandoned, the Enforcement Officer
shall notify the Operator and Landowner by certified mail: (a)
in the case of a facility under construction, to complete
construction and installation of the facility within 180 calendar
days; or (b) in the case of a fully constructed WEF that is
operating at a rate of less than 25% of its projected production
level as outlined in the application approved by the Town
Board, to restore operation of the facility to no less than 80% of
rated capacity within 180 calendar days, or the Town Board
will deem the system abandoned and commence action to
revoke the Wind Energy Permit and require removal of the
system.
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(b)Being so notified, if the WEF Operator and/or
Landowner fails to perform as directed by the Enforcement
Officer within the 180 day period, the Enforcement Officer
shall notify the WEF Operator and Landowner, by certified
mail, that the Large WTG or WEF has been deemed
abandoned and the Town intends to revoke the Wind Energy
Permit for such Large WTG or WEF, as the case may be,
within sixty (60) calendar days of mailing said notice. The
notice shall also state that the Applicant and/or Operator is
entitled to appeal the determination pursuant to Article 78 of
the New York Civil Practice Laws and Rules.
(c)Upon a determination by the Town Board that a Wind
Energy Permit has been revoked, the decommissioning plan
must be implemented and the Large WTG or WEF removed
within one year of having been deemed abandoned or the
Town may cause the removal at the Operator’s and/or
Landowner's expense. If the Operator and/or Landowner fails
to fully implement the decommissioning plan within one year
of abandonment, the Town may collect the required surety
and use said funds to implement the decommissioning plan.
(d)Removal by Town and reimbursement of Town
expenses. Any costs and expenses incurred by the Town in
connection with any proceeding or work performed by the
Town or its representatives to decommission and remove a
Large WTG or WEF, including legal costs and expenses, shall
be reimbursed either from the financial surety posted by the
Operator or Landowner as provided in Section 2.D. of this
Article VI and/or by the Landowner. Any costs incurred by
the Town for decommissioning and removal that are not paid
for or covered by the required surety, including legal costs,
shall be assessed against the property, shall become a lien and
tax upon said property, shall be added to and become part of
the taxes to be levied and assessed thereon, and shall be
enforced and collected, with interest, by the same officer and
in the same manner, by the same proceedings, at the same
time and under the same penalties as are provided by law for
the collection and enforcement of real property taxes in the
Town.
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ARTICLE VII - WIND MEASUREMENT TOWERS
SECTION 1:WIND SITE ASSESSMENT - The Town acknowledges that prior to
construction of a Large WTG a wind site assessment is usually conducted to determine
the wind speeds and the feasibility of using particular Sites. Installation of Wind
Measurement Towers, also known as meteorological or MET towers, shall be permitted
only pursuant to the issuance of a Wind Energy Permit in accordance with this Article.
SECTION 2:APPLICATIONS FOR WIND MEASUREMENT TOWERS -
A.Applications. An application for a Wind Measurement Tower shall include:
1. Applicant Information. The name, address, and phone number of
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 agent to
represent the Applicant;
2. Property Owner Information and Authorization . The name, address,
and telephone number of the property owner of the proposed Site of
any Wind Measurement Tower(s). If the said owner is not the
Applicant, the application shall include (i) a letter or other written
permission signed by such property owner that (i) confirms that the
property owner is familiar with the proposed application(s) and (ii)
authorizes the submission of the application, or (ii) an easement,
lease, or other agreement of such owner relative to the siting of the
Wind Measurement Tower;
3.Site Information. The address of each proposed tower location
including the tax map section, block and lot number;
4.Map. A map showing proposed location of the Wind Measurement
Tower and any roads, parcel boundaries or structures within a radius
of the Total Height of the Wind Measurement Tower.
SECTION 3:STANDARDS FOR WIND MEASUREMENT TOWERS -
A.Setback. The distance between a Wind Measurement Tower and a property
line shall be at least equal to the height of the Wind Measurement Tower.
Sites for a Wind Measurement Tower can include more than one lot or parcel
of property, and if so, then the requirements shall apply to the combined
properties. Property line setback exceptions for neighboring properties are
also allowed with the consent of those neighboring property owners.
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B.Permit Duration. Wind Energy Permits for Wind Measurement Towers may
be issued for a period of up to two years. Permits may be renewable in the
Town Board’s discretion upon application to the Town Board.
C.Decommissioning. Wind Measurement Towers utilized for WEFs are project
components subject to the decommissioning provisions of Section 2.E of this
Article VI.
ARTICLE VIII - SMALL WTG
SECTION 1:PURPOSE AND INTENT - The purpose of this Article is to provide
standards for Small WTG that are: (i) designed for home, farm, and small commercial
uses; (ii) wholly located upon the same parcel or lot of land; and (ii) primarily used to
reduce consumption of utility power at that location. The intent of this Article is to
encourage the development of small wind energy systems and to protect the public
health, safety, and community welfare.
SECTION 2:APPLICATIONS - Applications for Small WTG Wind Energy
permits shall be submitted to the Planning Board and, in addition to complying with
any requirements under the Site Plan Review Law, shall include:
A. Applicant Information. The name, address, and phone number of 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 agent to represent the Applicant;
B.Property Owner Information and Authorization . The name, address, and
telephone number of the property owner of the proposed Site of any Small
WTG. If the said owner is not the Applicant, the application shall include (i)
a letter or other written permission signed by such property owner that (a)
confirms that the property owner is familiar with the proposed application(s),
(b) authorizes the submission of the application, and (c) confirms that the
property owner is familiar with this 2019 Local Law, and (ii) the submission
of fully executed copies of all pages of any easement, lease, or other
agreement of such owner relative to the siting of the Small WTG (not simply
memorandums). It shall also include a list of each adjacent property owner,
together with their respective residence and mailing addresses.
C.Site Information. The address of each proposed tower location including the
tax map section, block and lot number;
D.Height Information. Evidence that the proposed tower height does not
exceed the lesser of one hundred twenty (120) feet or the height
recommended by the manufacturer or distributor of the system;
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E.Electrical Drawing. 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 Uniform Fire Prevention and Building Code and
other applicable codes and requirements;
F.Electric Use. Sufficient information demonstrating that the system will be
used primarily to reduce consumption of electricity at that location;
G.Utility Notice. 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;
H.Visual Analysis. A visual analysis of the Small WTG 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 3:DEVELOPMENT STANDARDS - All Small WTG shall comply with
the following standards. Additionally, such systems shall also comply with all the
requirements established by other sections of this Article that are not in conflict with the
requirements in this section:
A.Lot Size. A Small WTG shall be located on a lot with a minimum size of one
acre; however, this requirement can be met by multiple owners submitting a
joint application or by the Applicant obtaining a lease, easement, or other
consent from applicable neighboring landowners;
B.Number. Only one Small WTG per lot shall be allowed. Multiple
Applicants’ joint lots shall be treated as one lot for purposes of this Article;
C.Use. Small WTGs shall be used primarily to reduce the on-site consumption
of electricity;
D.Color. The WTG’s tower and blades shall be (i) painted a non-reflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible, and (ii) incorporates
non-reflective surfaces to minimize any visual disruption;
E.Visual Impact. The Small WTG shall be designed and located in such a
manner to minimize adverse visual impacts from public viewing areas;
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F.Lighting. Exterior lighting on any structure associated with the system shall
not be allowed except when otherwise required by the FAA;
G.Electric Lines. All on-site electrical wires associated with the system shall be
installed underground except for the “tie-ins” to a public utility company
and public utility company transmission poles, towers and lines. This
standard may be modified by the Town Board if the project terrain is
determined to be unsuitable due to reasons of excessive grade, biological
impacts, or similar factors.
H.Electromagnetic Interference. 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;
I.Signs. 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;
J.Access Control. Towers shall be constructed to provide one of the following
means of access control, or other appropriate method of access control(s): (i)
Tower-climbing apparatus located no closer than 12 feet from the ground;
(ii) A locked anti-climb device installed on the tower; and/or (iii) A locked
protective fence at least six (6) feet in height that encloses the tower;
K.Anchors. Anchor points for any guy wires shall be located within the
property boundaries where the Small WTG is located and shall not cross any
above-ground electric transmission or distribution lines. The point of
attachment for the guy wires shall be enclosed by a six (6) foot fence,
sheathed in a non-removable covering from ground level to a height of eight
feet above ground level, or similarly protected as directed by the Town;
L.Access Roads. 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 conditions after completion of
installation;
M.Code Compliance. All Small WTGs shall be designed and constructed to be
in compliance with pertinent provisions of the Uniform Fire Prevention and
Building Code and other applicable codes and requirements;
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N.Controls. All Small WTGs 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 4:STANDARDS – All Small WTGs shall comply with the following
standards:
A.Setbacks. A Small WTG shall not be located closer to a property line than
two (2) times the Total Height of the Small WTG;
B.Noise . Except during short-term events including utility outages and
severe wind storms, a Small WTG shall be designed, installed, and
operated so that the Sound Pressure Level generated by a Small WTG, as
measured at any point on or beyond the of the boundary of each parcel of
property on which each proposed Small WTG is located shall not exceed:
1.40 dBA Fast Lmax between 9 AM and 9 PM;
2.35 dBA Fast Lmax between 9 PM and 9AM;
3.50 dBC Fast Lmax between 9 AM and 9 PM; and
4.45 dBC Fast Lmax between 9 PM and 9AM.
SECTION 5:PERMIT REVIEW AND PROCESS –
A.The Enforcement Officer shall conduct an on-site inspection and collect any
fees associated with the application for a Small WTG.
B.The Town Clerk shall notify all adjacent landowners of such application by
certified mail, at the Applicant’s expense, within ten (10) business days of the
submission of the Small WTG application.
C.The Planning Board shall notify the Applicant within thirty (30) days from
the date of submission whether the application is complete. If the application
is deemed to be incomplete, the Planning Board shall indicate the additional
information needed. The application shall be deemed to be abandoned unless
the Applicant provides the information requested, or submits in writing the
reason for any delay, within thirty (30) days from the date of such notice. The
Planning Board may, in its discretion, grant an extension of time not to
exceed six (6) months.
D.A decision to approve or reject the Small WTG application or to approve the
Small WTG application with conditions shall be made by the Planning Board
pursuant to the provisions of the Site Plan Review Law and must be based on
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whether the application complies with the requirements of this 2019 Local
Law and the Site Plan Review Law.
a.A public hearing shall be required for a Small WTG application.
SECTION 6:ABATEMENT -
A.Operation. All small WTG shall be maintained in good condition and in
accordance with all requirements of this Article.
B.Removal . Small WTG which are not used for a continuous period of five
(5) years 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 requirement, or with any and
all conditions that may be attached to the granting of any permit, shall
constitute grounds for the revocation of the permit. Notwithstanding the
foregoing, the property owner shall have the right to appeal such removal
to the Town Board.
C.Complaint Process.
1.Any property owner or resident within the Town of Enfield may
register a complaint with the Enforcement Officer that a Small WTG is
being operated in violation of the Wind Energy Permit or otherwise in
violation of the criteria set forth in this 2019 Local Law. The
Enforcement Officer shall investigate (or cause to be investigated) the
complaint and, where necessary, may engage the services of an expert
to assist in such investigation. The cost for such expert services shall
be paid landowner operating the Small WTG in the event that the
Enforcement Officer determines that the complaint is valid, and that
the Wind Energy Facility is being operated in violation of its Wind
Energy Permit or otherwise in violation of the criteria as set forth in
this 2019 Local Law. If the Enforcement Officer determines that the
complaint is valid, and that the Wind Energy Facility is being operated
in violation of its Wind Energy Permit or otherwise in violation of the
criteria as set forth in this 2019 Local Law, the Enforcement Officer
shall issue written notice to remedy such violation to the owner of the
Small WTG, which notice shall specify the actions required to be taken
by the owner in order to cure the violation, and the time period within
such action must be taken.
2.In the event that the owner of the Small WTG fails to comply with such
notice to remedy, the Enforcement Officer shall report such failure to
the Town Board and proceed with the enforcement provisions
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contained in Article IX of this 2019 Local Law.
3.If the Enforcement Officer determines that the Small WTG is not being
operated in violation of the Wind Energy Permit or otherwise in
violation of the criteria set forth in this 2019 Local Law, he or she shall
set forth its findings which shall be filed with the Town Clerk and
forwarded by registered mail to the complaining party. The
complaining party shall have a right to challenge such determination
in a proceeding commenced pursuant to the provisions of Article 78 of
New York’s Civil Practice Law and Rules.
ARTICLE IX – GENERAL AND MISCELLANEOUS PROVISIONS
SECTION 1:PERMITS, FEES AND AGREEMENTS -
A.Wind Energy Permits. An application fee, as determined by the Town
Board, shall accompany the application for a Wind Energy Permit. The
amount of such required fees may be revised from time to time by the Town
Board by resolution. No application fees may be refunded for any reason,
and no additional application fees shall be required for supplemental
submissions unless the project materially changes or the number of
proposed WTGs is increased. In the event an application is deemed to be
terminated under this 2019 Local Law, any submission of a new application
shall require the filing of new application fees.
B.Building Permits. The review of building and permit applications and
renewals, and the inspection of such facilities, requires specific expertise.
Accordingly, the permit fees for such facilities shall be $25 per permit
request for administrative costs, plus the amount charged to the Town by
any outside consultant hired by the Town to review the applications, plans,
construction, or conduct the inspections. In the alternative, the Town and
the Applicant may enter into an agreement for an inspection or certification
procedure for these unique facilities. In such cases, the Town and the
Applicant may agree to a fee and escrow agreement to pay for the costs of
inspections, the review of plans, test results and certifications, and such
other reviews and services as may be reasonably needed in connection with
any matter pertaining to permits or this 2019 Local Law.
C.Host Community and PILOT Agreements . Nothing in this 2019 Local Law
shall be read as limiting the ability of the Town to enter into host community
or PILOT agreements with any Applicant to compensate the Town for
expenses or impacts on the community.
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SECTION 2:VIOLATION AND ENFORCEMENT –
A.Penalties . Any Person that (i) violates or fails to comply with this
2019 Local Law or the terms and condition of any Waiver, Variance
or Permit, or (ii) fails to obey the lawful order or direction of the
Enforcement Officer, or (iii) who assists, aides, or abets any such
violation, non-compliance or lack of adherence to a lawful order,
shall be shall be guilty of an offense and (i) subject to prosecution
civilly or criminally, and (ii) subject to the fines and penalties as set
forth below:
1.First Violation: Any Person that violates 2019 Local Law shall be (1)
guilty of a criminal offense and subject to a fine of not more than
$350.00 per violation per day, or (2) subject to a civil penalty of not
more than $350.00 per violation per day to be recovered by the Town
in a civil action. Every such Person shall be deemed guilty of a
separate offense for each day that such violation, disobedience,
omission, neglect or refusal shall continue. Similarly, a separate civil
penalty shall apply and/or be assessable for each day that such
violation, disobedience, omission, neglect or refusal shall continue.
2.Second Violation: Any violation that is found to have occurred within
2 years of any prior civil or criminal determination of any other
violation of this 2019 Local Law shall be deemed a second violation.
Any Person that commits any second violation shall be (1) guilty of an
offense and subject to a fine of not more than $500.00 per violation per
day, or (2) subject to a civil penalty of not more than $500.00 to be
recovered by the Town in a civil action. Every such Person shall be
deemed guilty of a separate offense for each day that such violation,
disobedience, omission, neglect, or refusal shall continue. Similarly, a
separate civil penalty shall apply and/or be assessable for each day
that such violation, disobedience, omission, neglect, or refusal shall
continue.
3.Third and Subsequent Violations: Any violation that is found
to have occurred within 2 years of any prior civil or criminal
determination of any second violation of this 2019 Local Law shall be
deemed a third or subsequent violation, as applicable. Any Person
who commits a third or subsequent violation of this 2019 Local Law
shall be (1) guilty of an unclassified misdemeanor and subject to a fine
not more than $1,000.00 per violation per day, or (2) subject to a civil
penalty of not more than $1,000.00 per violation per day to be
recovered by the Town in a civil action. Every such Person shall be
deemed guilty of a separate unclassified misdemeanor for each day
that such violation, disobedience, omission, neglect or refusal shall
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continue. Similarly, a separate civil penalty shall apply and/or be
assessable for each day that such violation, disobedience, omission,
neglect, or refusal shall continue.
B.Other Remedies . The Town shall have the following additional
rights or remedies:
1.The Enforcement Officer, upon observation of any violation or
non-compliance with this 2019 Local Law or the terms and conditions
of any Waiver, Variance or permit issued hereunder, shall be
empowered to issue a stop work order. Any Person receiving a stop
work order shall immediately cease and desist from all further
construction or operation of any Wind Energy Facility or WTG
and/or shall cease all acts, or failures to act, that are in violation of or
non-compliance with this 2019 Local Law or the order of the
Enforcement Officer. No actions, work or operations shall be
continued or re-commenced until the stop work order is lifted by the
Enforcement Officer.
2.In the event of any violation or threatened violation of any of
the provisions of this 2019 Local Law, including the terms and
conditions imposed by any Variance, Waiver or permit issued
pursuant to this 2019 Local Law, in addition to other remedies and
penalties herein provided, the Town may institute any appropriate
action or proceeding to prevent such actual or threatened violation.
In the event the Town seeks any equitable order or relief, the Town
shall not be required to prove that there exists, or is likely to exist, an
imminent threat of irreparable harm, and under no circumstances
shall the Town be required to post any bond or undertaking.
3.In the event of any violation or non-compliance with this 2019
Local Law, or the terms and conditions of any Variance, Waiver or
permit issued hereunder, the Town and/or the Enforcement Officer
may withhold any application extensions, permits, permit renewals,
certificates of compliance, certificates of occupancy, approvals, and
the like, and any applications upon the same, until such time as such
violation or non-compliance is cured.
4.In the event of any violation or non-compliance with this 2019
Local Law, or the terms and conditions of any Variance, Waiver or
permit issued hereunder, the Town and/or the Enforcement Officer
may revoke any Variance, Waiver, certificate or permit by providing
to the Person in violation or non-compliance a written
Noncompliance Notice that specifies (i) the nature of the violation,
non-compliance or other problem, (ii) the name and address of the
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issuing Officer and the Town, (iii) the actions necessary, or the actions
that must be ceased or stopped, to cause compliance, and (iv) a date
by which compliance is required, which date may not be longer than
90 days from the date of the Noncompliance Notice. If such Person
has not caused, or come into, compliance with the requirements of
this 2019 Local Law or the terms and conditions of any Variance,
Waiver, certificate or permit, or the order of any Enforcement Officer,
then the Enforcement Officer may suspend or revoke any such
Variance, Waiver, certificate, or permit. Such determination and the
issuance of a Noncompliance Notice may be appealed through the
Administrative Appeal process set forth in this 2019 Local Law. If any
court proceedings are brought concerning any Variance, Waiver,
certificate, or permit suspension or revocation and there is an
adjudication in favor of the Appellant, Applicant, Operator, or Person
holding a permit, Variance, or Waiver pertaining to (i) the alleged
violation of this 2019 Local Law, or (ii) any Variance, Waiver,
certificate, or permit issued hereunder, then the Variance, Waiver,
certificate, or permit shall be reinstated by the Enforcement Officer
with the same effect as if (1) no Noncompliance Notice had ever been
issued, and (2) no suspension or revocation had occurred.
5.To condemn and order removal of any structure that is an
unsafe building or structure under the Uniform Fire Prevention and
Building Code, or other applicable laws and regulations.
6.To order cleanup, remediation, removal, and the
decommissioning of Wind Energy Facilities, and failing compliance
with such order, the Town may recover its expenses pursuant to the
following procedures. The Enforcement Officer may order any
Person to (i) cleanup, remediate, and restore any Site to its condition
prior to its use as a Wind Energy Facility or to its natural condition,
and/or (ii) remove any Wind Energy Facility when authorized or
required under this 2019 Local Law. Such Person shall then have a
period of no more than 90 days in which to remove facilities, cleanup,
remediate, and restore the Site(s). Upon notification given by the
Enforcement Officer to the Town Board that the Owner has failed or
refuses to remove facilities, cleanup, remediate, and/or restore the
Site within that 90-day period, the Town Board may, but is not
required to, cause the Town to commence or contract-out the removal,
cleanup, remediation, and restoration of such Site(s). After the work
has been completed the Enforcement Officer shall file in the office of
the Town Clerk a verified statement (herein, the “Verified Statement”)
of all the direct costs of the removal, cleanup, remediation or
restoration of the Site(s), together with a 50% surcharge as
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compensation to the Town for administering, supervising and
handling said work in accord with the provisions of this 2019 Local
Law. Such Verified Statement shall be served by certified mail upon
the Person so ordered to cleanup, remediation, removal, and
decommissioning any Wind Energy Facilities and any other
responsible party. Upon such filing and service, each such Person
shall, within 30 days, pay the amount(s) indicated as due to the Town
under such Verified Statement. Absent payment within the said 30
days, (i) the Town may enter a civil judgment in the amount of any
Verified Statement through the Town Court, or any other court of
competent jurisdiction, and enforce the same in accord with law, and/
or (ii) the Town Clerk may, where such Person owns the land upon
which is situate the affected Site, enter the same in the records of the
Town Clerk as a lien against the affected properties, shall add the
same to the next assessment roll of general Town taxes, and collect
and enforce the assessment in the same manner, by the same
proceedings, at the same time, and under the same penalties as the
general Town tax, and as a part thereof. The making and filing is a
Verified Statement is subject to the filing of an Administrative Appeal
as set forth in this 2019 Local Law, and the amount claimed as due in
such Verified Statement is also subject to such appeal and review.
The amount of the Verified Statement may, but is not required to be,
offset by any amounts actually recovered by the Town from any
Decommissioning Fund. Similarly, the Town need not apply to any
surety or other holder of Decommissioning Funds prior to effecting
cleanup, remediation, removal, and decommissioning, issuing any
Verified Statement, or seeking to collect such amounts due, whether
judicially or administratively through tax assessment(s) or otherwise.
C.Each and all remedies and rights of the Town under this Article shall
be cumulative. The Town’s pursuit of any one right or remedy does not effect a
waiver or an election of remedies, and the Town may thereafter pursue or continue
to pursue any other right or remedy it may have in law, equity, or in admiralty.
The rights and remedies herein stated are not the exclusive rights and remedies of
the Town.
SECTION 3:SEVERABILITY - If any provision of this 2019 Local Law shall be
adjudged by any court or other tribunal of competent jurisdiction to be invalid or
unenforceable or adjudged by the New York State Board on Electric Siting and the
Environment (or any successor organization or similar institution) to be unreasonable
and therefore unenforceable, such determination or judgment shall not affect, impair, or
invalidate the remainder of this 2019 Local Law, which shall remain valid and
enforceable. Any found invalidity or unenforceability shall be confined in its operation
55
only to (i) the jurisdiction where such invalidity or unenforceability was determined,
and (ii) the provision directly involved in the controversy in which such determination
or judgment shall have been rendered, and (iii) the parties, facts, and circumstances
involved in the particular controversy reviewed, and such determination or judgment
shall not apply to other parties, facts, or circumstances.
SECTION 4:INDEMNITY AND LIMITATION UPON TOWN LIABILITY - The
granting of the Town's WEF Permit shall contain an indemnification provision. This
clause shall require the Applicant to at all times defend, indemnify, protect, save, hold
harmless, and exempt the Town (and affected municipalities), and its officers, councils,
employees, committee members, attorneys, agents, insurers, residents and consultants
from any and all penalties, damages, costs, or charges arising out of any and all claims,
suits, demands, causes of action, or award of damages, whether compensatory or
punitive, or expenses arising therefrom, either at law or in equity, which might arise out
of, or are caused by delivery, construction, erection, modification, location, equipment's
performance, use, operation, maintenance, repair, installation, replacement, removal, or
restoration of said LWEF, excepting, however, any portion of such claims, suits,
demands, causes of action or award of damages as may be attributable to the gross
negligence or intentional acts or omissions of the Town, or its employees or agents.
With respect to the penalties, damages, or charges referenced herein, reasonable
attorneys' fees, consultants' fees, and expert witness fees are included in those costs that
are recoverable by the Town.
SECTION 5: LIABILITY INSURANCE - The Applicant and/or Operator for any WEF
other than a Small WEF shall agree to secure and maintain for the duration of the Wind
Energy Permit public liability insurance, as follows:
A.Commercial general liability covering personal injuries, death and property
damage in the following amounts:
a.$10,000,000 per occurrence ($20,000,000 aggregate), which shall
specifically include the Town and its officers, councils, employees,
committee members, attorneys, agents and consultants as additional
named insureds.
b.Umbrella coverage: $50,000,000.
B.The insurance policies shall be issued by an agent or representative of an
insurance company licensed to do business in New York State and with at least a
rating of" A" from AM Best.
C.The insurance policies shall contain an endorsement obligating the insurance
company to furnish the Town with at least 30 days prior written notice in
advance of a cancellation.
D.Renewal or replacement policies shall be delivered to the Town at least 15 days
56
before the expiration of the insurance that such policies are to renew or replace.
E.No more than 15 days after the grant of the Wind Energy Permit and before
construction is initiated, the permit holder shall deliver to the Town a copy of
each of the policies or certificates representing the insurance in the required
amounts.
F.A certificate of insurance that states that it is for informational purposes only and
does not confer sufficient rights upon the Town, shall not be deemed to comply
with this Local Law.
G.At any time the Applicant/Owner shall fail to provide evidence of such required
insurance or lapse of the same, upon ten (10) days written notice by the Town
Board to the Applicant/Owner, the WEF shall be shut down until such time as
the Applicant/Owner comes into compliance with all insurance requirements as
stated herein.
SECTION 6:CONSTRUCTION – Section and paragraph headings are for
convenience only and do not limit or define the contents of such paragraph or section.
Words in the singular or plural shall be construed in the singular or plural as the
context thereof so requires or admits. Words in the masculine, feminine or neuter
gender shall be construed as in such gender the context thereof so requires or admits.
SECTION 7: EFFECTIVE DATE AND FILING - This 2019 Local Law shall be
and become effective immediately upon filing with the Secretary of State in accordance
with Municipal Home Rule Law. In addition, this 2019 Local Law shall be filed with the
Tompkins County Department of Assessment, the New York State Board of Real
Property Services, and the Office of the President of the New York State Energy
Research and Development Authority.
57
Appendix A - Noise Measurement Standards and Procedures
1.A qualified independent acoustical consultant shall conduct all noise studies. The
acoustical consultant shall be hired by and report to the Town Board.
2.Sound level meters and calibration equipment must comply with the Type 1 or 2
specifications of the latest version of the American National Standards Institute
“American Standard Specifications for General Purpose Sound Level Meters” (ANSI
Standard S1.4) or the Class 1 or 2 specifications of the most recent IEC 61672-1
International Standard and shall have been calibrated at a recognized laboratory within
one month prior to the initiation of the study.
3.Except as specifically noted otherwise, measurements shall be conducted in
compliance with ANSI Standard S12.18-1994 “Outdoor Measurements of Sound
Pressure”.
4.Prior to permit application approval, a pre-construction ambient noise level
study shall be conducted in compliance with ANSI-ASA S12.100-2014 “Methods to
Define and Measure the Residual Sound in Protected Natural and Quiet Residential
Areas” at any property line adjacent to a parcel of property containing a Wind Energy
Facility and/or at any Residence within 2 miles of any proposed Wind Turbine.
5.The tests shall be conducted using both an A-weighting scale (dBA) and a C-
weighting scale (dBC).
6.Tests shall be reflective of seasonal changes to vegetation and atmospheric
conditions. At a minimum one set of tests should be performed during periods in
which leaves are both on and off the trees.
7.All measuring points shall be located in consultation with the property owners
and such that no significant obstruction blocks noise and vibration to the site.
8.Outdoor noise level measurements must be taken at four (4) meters above the
ground and at least 15 feet from any reflective surface.
9.Duration of measurements shall be a minimum of ten continuous minutes for
each criterion at each location.
10.Measurements must be made when the wind levels are less than 4.5 mph and
with appropriate wind screening for the recording device.
11.Measurements should be obtained during representative weather conditions
when the WTG noise is most noticeable, including periods of temperature inversion and
stable ground-level atmosphere most commonly occurring at night.
58
12.Measurements shall be taken at each of the following three time periods:
•Day (10 a.m. – 2p.m.)
•Evening (7p.m. -11 p.m.)
•Night (12 midnight – 4 a.m.)
13.Each measurement shall be replicated during the same time period over three
different days within the same period for a total of 9 measurements per location per
period (i.e., three daytime measurements in the winter, three evening measurements in
the winter, three nighttime measurements in the winter). The lowest of the three
measurements per time period, per period of the year, will be used to determine the
pre-construction ambient noise for that time period and period of the year.
14.For each measurement the following minimum criteria will be recorded:
•In dBA1 and dBC
•A narrative description of any intermittent noises registered during each
measurement
•Wind speed and direction at time of measurement
•Description of weather conditions at time of measurement
•Description of topography and contours relative to proposed or actual WTGs
15.A 5 dBA penalty shall be applied for short duration repetitive noise or repetitive
impulse noise. This is a characteristic “thumping” or “whooshing” sometimes exhibited
by larger WTGs.
16.A 5 dBA penalty shall be applied for tonal noise. This is a single or limited
frequency noise (vs. broad band noise) associated with mechanical noise artifacts (i.e.
high pitched whining, screeching, buzzing).
17.For sites being measured with existing WTGs two sets of measurements are
required: 1) one set with the WTG(s) off and; 2) one set with the WTG(s) running.
18.For nuisance complaints after the WTGs are operational, the measurement
points, season, time, and duration of measurements shall be selected in consultation
1 Lmax - the maximum noise level measured, generally equivalent to ambient noise.
59
with the affected property owner. If requested by the property owner, continuous
measurements may be taken for longer periods of time to capture intermittent nuisance
noise patterns.
19.When conducting their pre-construction noise prediction analysis, the Applicant
shall make specific reference to: 1) the unique aspect of the mountainous contours and
terrain of the area and its effect on noise predictability and 2) line source noise
predictions (emanating from a line of WTGs) in addition to the traditional single point
source predictions.
20.Any noise level falling between two (2) whole decibels shall be deemed the
higher of the two.
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Appendix B – Property Value Guarantee
The Applicant guarantees that there will be no loss in real property value within two
miles of the WEF, due to the WEF. Any real property owner(s) included in that area
("Property Owner") who believe(s) that their property may have been devalued due to
the WEF, may elect to exercise the following option:
1. All appraiser costs are paid by the Applicant, from the Escrow
Account. Applicant and the Property Owner shall each select a
licensed appraiser. Each appraiser shall provide a detailed
written explanation of the reduction, if any, in value to the real
property ("Diminution Value"), caused by the proximity to the
WEF. This shall be determined by calculating the difference
between the current Fair Market Value (FMV) of the real
property and what the FMV would have been at the time of
exercising this option, assuming no WEF was proposed or
constructed.
A.If the higher of the Diminution Valuations submitted is
equal to or less than 25% more than the other, the two
values shall be averaged ("Average Diminution Value"' or
“ADV”).
B.If the higher of the Diminution Valuations submitted is
more than 25% higher than the other, then the two
appraisers will select a third licensed appraiser, who shall
present to Applicant and Property Owner a written
appraisal report as to the Diminution Value for the real
property. The parties agree that the resulting average of
the two highest Diminution Valuations shall constitute
the ADV.
C.In either case, the Property Owner may elect to receive
payment from Applicant of the ADV. Applicant is required
to make this payment within 60 days of receiving said
written election from property owner.
D.The County assessor shall receive copies of all
correspondence and written documentation regarding real
property values in a timely manner. A copy of any appraisal
shall be provided to the County assessor within thirty (30)
days of completion.
2 Other Agreement Conditions:
A.If a Property Owner wants to exercise this option, they
must do so within 10 years of the WEF receiving final
approval from the Town.
B.A Property Owner may elect to exercise this option only
once.
61
C.The Applicant and the Property Owner may accept
mutually agreeable modifications of this Agreement,
although the Applicant is not allowed to put other
conditions on a financial settlement (e.g. confidentiality).
If the property owner accepts some payment for property
value loss based on an alternative method, that
acceptance and payment shall be considered an exercise
of this option.
D.This Agreement applies to the Property Owner of record
as of the date of the WEF approval and is not
transferrable to subsequent owners.
E.The Property Owner identified under subsection D above
must reasonably maintain the property from that time,
until they choose to elect this option.
F.The Property Owner must permit full access to the
property by the appraisers, as needed to perform the
appraisals.
G.The Property Owner must inform the appraisers of all
known defects of the property as may be required by
law, as well as all consequential modifications or changes
to the property subsequent to the date of the WEF
application.
H.This Agreement will be guaranteed by the Applicant (and
all its successors and assigns), for 10 years following the
WEF receiving final approval from the Town Board, by
providing a bond (or other surety) to the Town, in an
amount determined to be acceptable by the Town Board.
This surety account will ensure execution of all aspects of
this Agreement (including compensation of eligible
Property Owners in the case of default by Applicant).
Failure to maintain this surety account shall be cause for
denial of the application or any extension thereof and/or
revocation of the WEF Permit.
I.Payment by the Applicant not made within sixty (60)
days will accrue an interest penalty. This will be twelve
percent (12%) annually, from the date of the written
election from Property Owner.
J.For any legal proceeding in any tribunal regarding this
Agreement, all reasonable legal fees and costs (court and
otherwise) will be paid by the Applicant.
62
Appendix C – Scientific Studies, Government Reports, Articles and Town Laws
The following is a partial listing of the scientific studies, government reports, articles
and town laws reviewed by the Enfield Wind Farm Advisory Committee, which was
appointed to make recommendations regarding a proposed wind energy facility in
Enfield, and the Enfield Renewable Energy Advisory Committee, which was
subsequently appointed to make recommendations regarding industrial solar and wind
energy regulation.
General
“Report on Wind Turbines: Report to the Town of Enfield Town Board by the Enfield
Wind Farm Advisory Committee, dated 4-12-2016, [Online]. Available:
http://townofenfield.org/wp-content/uploads/2016/04/Enfield-Wind-Farm-
Advisory-Committee-Reports-2016-04-12.pdf
Enfield Wind Farm Advisory Committee research materials, [Online]. Available:
https://trello.com/enfieldwindfarmadvisorycommittee
Noise/Infrasound
M. Alves-Pereira and N. A. A. Castelo Branco, “Vibroacoustic disease: Biological effects
of infrasound and low-frequency noise explained by mechanotransduction cellular
signalling,” Progress in Biophysics and Molecular Biology, vol. 93, no. 1–3, pp. 256–279,
Jan. 2007.
S. E. Ambrose, R. W. Rand, R. R. James, and M. A. Nissenbaum; “Public complaints
about wind turbine noise and adverse health impacts justified,” 2014, The Journal of the
Acoustical Society of America 135, 2272.
M. Bauer, T. Sander-Thömmes, A. Ihlenfeld, S. Kühn, R. Kühler, and C. Koch,
“INVESTIGATION OF PERCEPTION AT INFRASOUND FRE-QUENCIES BY
FUNCTIONAL MAGNETIC RESONANCE IM-AGING (FMRI) AND
MAGNETOENCEPHALOGRAPHY (MEG),” 2015.
G. Berger et al., “Health-Based Audible Noise Guidelines Account for Infrasound and
Low-Frequency Noise Produced by Wind Turbines,” Front. Public Health, vol. 3, 2015.
N. C. Branco, “Low frequency noise: a major risk factor in military operations,” in RTO
AVT Symposium Ageing Mechanisms and Control, Manchester, UK, 2001.
N. A. A. Castelo, J. P. da Costa, P. Sociedade, H. Portuguesa, L. M. Jorge, and J. C.
63
Faísca, “14th International Meeting on Low Frequency Noise and Vibration and its
Control Aalborg, Denmark 9 - 11 June 2010 Family with wind turbines in close
proximity to home: follow-up of the case presented in 2007,” 2010. [Online]. Available:
https://www.semanticscholar.org/paper/14th-International-Meeting-on-Low-
Frequency-Noise-9-Castelo-Costa/6457a68d9766e660b69ad3931b302a5f7e4608f1.
[Accessed: 02-Oct-2019].
Channel Islands Acoustics, Camarillo, CA (Principal: Dr. Bruce Walker), Hessler
Associates, Inc., Haymarket, VA (Principals: George F. and David M. Hessler), Rand
Acoustics, Brunswick, ME (Principal: Robert Rand) and Schomer and Associates, Inc.,
Champaign, IL (Principal: Dr. Paul Schomer); “A Cooperative Measurement Survey and
Analysis of Low Frequency and Infrasound at the Shirley Wind Farm in Brown County,
Wisconsin,” December 24, 2012
J. Frey, et al, “Wind Turbines and Proximity to Homes: The Impact of Wind Turbine
Noise on Health,” A review of the literature & discussion of the issues, 2012.
http://waubrafoundation.org.au/wp-content/uploads/2014/06/Frey-Hadden-Wind-
Turbines-Proximity-to-Homes.pdf
Danielsson and U. Landström, “Blood pressure changes in man during infrasonic
exposure: an experimental study,” Acta Medica Scandinavica, vol. 217, no. 5, pp. 531–
535, 1985.
J. L. Davy, K. Burgemeister, and D. Hillman, “Wind turbine sound limits: Current status
and recommendations based on mitigating noise annoyance,” Applied Acoustics, vol.
140, pp. 288–295, Nov. 2018.
G. W. Harding, B. A. Bohne, S. C. Lee, and A. N. Salt, “Effect of infrasound on cochlear
damage from exposure to a 4kHz octave band of noise,” Hearing Research, vol. 225, no.
1–2, pp. 128–138, Mar. 2007.
H. Hubbard, “Noise Induced House Vibrations and Human Perception”, 1982, 19:2
Noise Control Engineering Journal 49, [Online]. Available:
http://waubrafoundation.org.au/resources/hubbard-h-1982-noise-induced-
housevibrations-human-perception/
R. James, “Wind Turbine Infra and Low Frequency Sound: Warning signs that were not
heard,” 2012, Bulletin of Science, Technology and Society 32 (2) 108-127.
This document is accessible from Sage Publications at http://bsts.sagepub.com
R. R. James and W. Bray; “Dynamic measurements of wind turbine acoustic signals,
employing sound quality engineering methods considering the time and frequency
sensitivities of human perception”; Presented at NOISE-CON 2011, Portland, Oregon,
July 25-27, 2011
64
R. R. James and G. W. Kamperman; “Simple guidelines for siting wind turbines to
prevent health risks”; Presented at NOISE‐CON 2008, July 28‐31
Kasprzak, “The Effect of the Narrow-Band Noise in the Range 4-8 Hz on the Alpha
Waves in the EEG Signal,” Acta Physica Polonica A, vol. 123, no. 5, pp. 980–983, Jun. 2013.
Kasprzak, “The Influence of Infrasound Noise from Wind Turbines on EEG Signal
Patterns in Humans,” Acta Physica Polonica A, vol. 125, no. 4A, 2014.
N. D. Kelley, R. R. Hemphill, and H. E. McKenna, “A methodology for assessment of
wind turbine noise generation,” Journal of Solar Energy Engineering, vol. 104, no. 2, pp.
112–120, 1982.
K. Kugler et al., “Low-frequency sound affects active micromechanics in the human
inner ear,” Royal Society Open Science, vol. 1, no. 2, p. 140166, Oct. 2014.
N. D. Kelley, “A proposed metric for assessing the potential of community annoyance
from wind turbine low-frequency noise emissions,” Solar Energy Research Inst.,
Golden, CO (USA), 1987.
N. Kelley et al, “Acoustic Noise associated with Mod 1 Turbine; its source, impact
and control,” 1985, [Online]. Available:
http://waubrafoundation.org.au/resources/kelley-et-al-1985-acousticnoise-associated-
with-mod-1-wind-turbine/
S. Lange, “World Health Organization: Wind Turbine Noise as a Health Hazard
(Opening Recognition Likely to Lead to More Acknowledgement) - Master Resource.”
Master Resource, 17 Oct. 2018,
www.masterresource.org/wind-turbine-noise-issues/wto-wind-turbine-noise-as-a-
health-hazard/. Accessed 6 Mar. 2019.
Testimony by Dr. Sarah Laurie before the Australian Senate Select Committee on Wind
Turbines (2015)
National Research Center (US) I. for L. A. Research, Breakout Session: Effects of Sound
on Research Animals. National Academies Press (US), 2004.
National Research Council (U.S.), Institute for Laboratory Animal Research (U.S.), and
National Academies Press (U.S.), Eds., Guide for the care and use of laboratory animals,
8th ed. Washington, D.C: National Academies Press, 2011.
Onakpoya, J. O’Sullivan, M. J. Thompson, and C. J. Heneghan, “The effect of wind
turbine noise on sleep and quality of life: A systematic review and meta-analysis of
65
observational studies,” Environment International, vol. 82, pp. 1–9, Sep. 2015.
M. Pawlaczyk-\Luszczyńska, “Evaluation of occupational exposure to infrasonic noise
in Poland,” International Journal of Occupational Medicine and Environmental Health,
vol. 12, no. 2, pp. 159–176, 1999.
E. Pedersen and P. Larsman, “The impact of visual factors on noise annoyance among
people living in the vicinity of wind turbines,” Journal of Environmental Psychology,
vol. 28, no. 4, pp. 379–389, Dec. 2008.
N. Pierpont; Wind Turbine Syndrome: A Report on a Natural Experiment; (K-Selected
Books 2009)
Pilger and L. Ceranna, “The influence of periodic wind turbine noise on infrasound
array measurements,” Journal of Sound and Vibration, vol. 388, pp. 188–200, Feb. 2017.
A.H. Poulsen, et al. “Short-Term Nighttime Wind Turbine Noise and Cardiovascular
Events: A Nationwide Case-Crossover Study from Denmark.” Environment
International, vol. 114, May 2018, pp. 160–166, www.sciencedirect.com/science/article/
pii/S0160412017317889, 10.1016/j.envint.2018.02.030. Accessed 2 Oct. 2019.
A.H. Poulsen, O. Raaschou-Nielsen, A.Peña, A.N. Hahmann, R.B. Nordsborg, M.
Ketzel, J.Brandt, M. Sørensen, “Pregnancy exposure to wind turbine noise and adverse
birth outcomes: a nationwide cohort study,” Environ Res. 2018 Nov;167:770-775. doi:
10.1016/j.envres.2018.09.011. Epub 2018 Sep 10.
“Preliminary studies on the reaction of growing geese (Anser anser f. domestica) to the
proximity of wind turbines. - PubMed - NCBI.” [Online]. Available:
http://www.ncbi.nlm.nih.gov/pubmed/24597302. [Accessed: 26-Mar-2016].
J. L. Punch, R. R. James; “Wind Turbine Noise and Human Health: A Four-Decade
History of Evidence that Wind Turbines Pose Risks”
J. Punch, R. James, and D. Pabst; Wind Turbine Noise: What Audiologists Should
Know; Audiology Today | JulAug2010
A. N. Salt and T. E. Hullar, “Responses of the ear to low frequency sounds, infrasound
and wind turbines,” Hearing Research, vol. 268, no. 1–2, pp. 12–21, Sep. 2010.
Schäffer, R. Pieren, U. Wissen Hayek, N. Biver, and A. Grêt-Regamey, “Influence of
visibility of wind farms on noise annoyance – A laboratory experiment with audio-
visual simulations,” Landscape and Urban Planning, vol. 186, pp. 67–78, Jun. 2019.
66
H.Schmidt and M. Klokker, “Health Effects Related to Wind Turbine Noise Exposure: A
Systematic Review,” PLoS ONE, vol. 9, no. 12, p. e114183, Dec. 2014.
Shannon, Samuel, et al. Effect of Vibration Frequency and Amplitude on Developing
Chicken Embryos. 1994.
P. Schomer, and G. Hessler. The Results of an Acoustic Testing Program, Cape
Bridgewater Wind Farm Prepared for Energy Pacific by Steve Cooper, The Acoustic
Group A Review of This Study and Where It Is Leading. 2015.
“Scientists Discover Previously Unknown Cleansing System in Brain.” [Online].
Available: https://www.urmc.rochester.edu/news/story/3584/scientists-discover-
previously-unknown-cleansing-system-in-brain.aspx. [Accessed: 02-Oct-2019].
D. Shepherd et al. “Evaluating the Impact of Wind Turbine Noise on Health-Related
Quality of Life.” Noise and Health, vol. 13, no. 54, Sept. 2011, p. 333.
www.noiseandhealth.org, doi:10.4103/1463-1741.85502.
Stelling, “Infrasound Low Frequency Noise and Industrial Wind Turbines,” Jul. 2015.
SYTe, “Pilottitutkimus osoittaa infraäänihaitan vähenevän merkittävästi vasta yli 15
kilometrin päässä tuulivoimaloista,” Suomen ympäristöterveys - SYTe ry, 10-Jan-2019.
(Editorial: this reference is the study which shows the detrimental health effects extend
far beyond where previous studies stopped. Finland).
R. Thorne, “Propagation thresholds and measurement of infrasonic to establish
separation distances from wind farm turbines to residences,” in INTER-NOISE and
NOISE-CON Congress and Conference Proceedings, 2014, vol. 249, pp. 4084–4093.
R. Thorne and D. Shepherd, “Wind turbine noise: why accurate prediction and
measurement matter,” Paper Number 73, Proceedings of ACOUSTICS 2011 2-4
November 2011, Gold Coast, Australia.
N. W. Watch, “Éoliennes, Sons et Infrasons: Effets de l’Éolien Industriel Sur La Santé
des Hommes [Wind turbines, noise, and infrasound: effects of industrial wind energy
on human health],” National Wind Watch. [Online]. Available: https://www.wind-
watch.org/documents/eoliennes-sons-et-infrasons-effets-de-leolien-industriel-sur-la-
sante-des-hommes-wind-turbines-noise-and-infrasound-effects-of-industrial-wind-
energy-on-human-health/. [Accessed: 23-Sep-2019].
K. P. Waye, J. Bengtsson, R. Rylander, F. Hucklebridge, P. Evans, and A. Clow, “Low
frequency noise enhances cortisol among noise sensitive subjects during work
performance,” Life sciences, vol. 70, no. 7, pp. 745–758, 2002.
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M. Weichenberger et al., “Altered cortical and subcortical connectivity due to
infrasound administered near the hearing threshold–Evidence from fMRI,” PLOS one,
vol. 12, no. 4, p. e0174420, 2017.
“Windfarms: 1,600 miscarriages,” World Council for Nature, 07-Jun-2014.
“Windfarms and birth defects | World Council for Nature.” [Online]. Available:
http://wcfn.org/2014/03/31/windfarms-vertebrates-and-reproduction/. [Accessed:
26-Mar-2016].
“Wind Turbine Noise: An independent assessment of sound quality | Rand Acoustics.”
[Online]. Available: http://randacoustics.com/wind-turbine-sound/wind-turbines-
published-articles/wind-turbine-noise-an-independent-assessment-of-sound-quality/.
[Accessed: 26-Mar-2016].
World Health Organization Environmental Noise Guidelines for the European Region
(2018)
World Health Organization Night Noise Guidelines for Europe (2009)
World Health Organization Guidelines for community noise (1999)
Xie et al., “Sleep Drives Metabolite Clearance from the Adult Brain,” Science, vol. 342,
no. 6156, pp. 373–377, Oct. 2013. (Editorial: Loss of sleep causes health risks by itself)
Zajamšek, Branko, et al. “Characterisation of Wind Farm Infrasound and Low-
Frequency Noise.” Journal of Sound and Vibration, vol. 370, May 2016, pp. 176–190,
www.sciencedirect.com/science/article/pii/S0022460X16001176?via%3Dihub,
10.1016/j.jsv.2016.02.001. Accessed 2 Oct. 2019.
Setbacks
K. Haugen, “INTERNATIONAL WIND ENERGY POLICIES 1 International Review of
Policies and Recommendations for Wind Turbine Setbacks from Residences: Setbacks,
Noise, Shadow Flicker, and Other Concerns,” Minnesota Department of Commerce:
Energy Facility Permitting, 2011.
S. Larwood and van D. C. P., “Permitting Setback Requirements for Wind Turbines in
California,” California Energy Commission, Public Interest Energy Research Program,
CEC-500-2005-184, Nov. 2006.
M. Ragheb, “SAFETY OF WIND SYSTEMS,” 2019.
68
J. Renström, “Modeling of Ice Throws from Wind Turbines,” Department of Earth
Sciences, Uppsala University, 2015.
J. Rogers, N. Slegers, and M. Costello, “A method for defining wind turbine setback
standards,” Wind Energy, vol. 15, no. 2, pp. 289–303, Apr. 2011.
P. J. Tavner, J. Xiang, and F. Spinato, “Reliability analysis for wind turbines,” Wind
Energy, vol. 10, no. 1, pp. 1–18, Jan. 2007.
D. Wahl and P. Giguere, “Ice Shedding and Ice Throw–Risk and Mitigation,” General
Electric Wind Application Engineering Group of GE Energy, 2006.
“Wind Turbine Accident and Incident Compilation,” 27-Sep-2019. [Online]. Available:
http://www.caithnesswindfarms.co.uk/fullaccidents.pdf. [Accessed: 12-Oct-2019].
“Appendix A - SWPPP - vestasv90-100_safetymanual.pdf.” [Online]. Available:
https://docs.wind-watch.org/vestasv90-100_safetymanual.pdf. [Accessed: 12-Oct-
2019].
Array Loss
R. Budny and A. Crowther, “Meet The Achilles Heel Behind Most Gearbox Failures,”
north american WINDPOWER. [Online]. Available: https://www.nawindpower.com/
online/issues/NAW1505/FEAT_01_Meet-The-Achilles-Heel-Behind-Most-Gearbox-
Failures.html. [Accessed: 07-Oct-2019].
N. Sharpley, “Understanding the root causes of axial cracking in wind turbine gearbox
bearings,” Windpower Engineering & Development, 11-Apr-2014. [Online]. Available:
https://www.windpowerengineering.com/understanding-root-causes-axial-cracking-
wind-turbine-gearbox-bearings/. [Accessed: 07-Oct-2019].
Fire and Lightning
Alltec, Inc., “Why Protecting Wind Turbines from Lightning is Critical”
C. W. Dodd, T. McCalla Jr, and J. G. Smith, “How to protect a wind turbine from
lightning,” NASA, Final Technical Report 19840002593, Sep. 1983.
M. Froese, “Damage control: Effects of near-lightning strikes on turbine blades,”
Windpower Engineering & Development, 22-Apr-2015. [Online]. Available:
69
https://www.windpowerengineering.com/damage-control-effects-of-near-lightning-
strikes-on-turbine-blades/. [Accessed: 09-Oct-2019].
D. Leick, “How Lightning Safety Practices Differ in Wind Energy, Sports and
Construction Applications,” presented at the 21st International Lightning Detection
Conference, Orlando, Florida, USA, 2010.
Flicker
P. Brinckerhoff, “Update of UK Shadow Flicker Evidence Base,” Department of Energy
and Climate Change, London, UK, Final Report.
G. Harding, P. Harding, and A. Wilkins, “Wind turbines, flicker, and photosensitive
epilepsy: characterizing the flashing that may precipitate seizures and optimizing
guidelines to prevent them,” Epilepsia, vol. 49, no. 6, pp. 1095–1098, Jun. 2008.
P. Marks, “Smart sensors stop flickering wind turbines,” New Scientist, no. 2834, 15-
Oct-2011.
Foundation Cracks
M. Currie, M. Saafi, C. Tachtatzis, and F. Quail, “Structural health monitoring for wind
turbine foundations,” Proceedings of the Institution of Civil Engineers - Energy, vol.
166, no. 4, pp. 162–169, Nov. 2013.
M. Hassanzadeh, “Cracks in onshore wind power foundations Causes and
consequences,” Elforsk, Stockholm, Elforsk Rapport 11:56, Jan. 2012.
F. Miceli, “Cracks in onshore wind turbines foundation,” Wind farms construction, 20-
Sep-2012.
Horses
“Wind Turbine experiences; 2012 survey results.” The British Horse Society, 2012.
Host Community Agreements
https://poseidon01.ssrn.com/delivery.php?
ID=25406706812602100212100109402209510502201403802100200510812407102802107600
012707712003303601803412200006003011300500508701300102508502807706009709509411
70
101608009501302412700312006910407311511308002500210611311710411507512601508310
8079028109122098&EXT=pdf
NY’s push for renewables
https://www.utilitydive.com/news/new-york-announces-14b-renewables-funding-as-
largest-single-state-commitm/518846/
“New York announces $1.4B renewables funding as largest single state commitment |
Utility Dive.” [Online]. Available: https://www.utilitydive.com/news/new-york-
announces-14b-renewables-funding-as-largest-single-state-commitm/518846/.
[Accessed: 01-Oct-2019].
P.E. Salkin, Host Community Agreements for Wind Farm Development (March/April
2009). New York Zoning Law & Practice Report Vol. 9, No. 5, March/April 2009.
Available at SSRN: https://ssrn.com/abstract=1410904
Moratoria
J. A. Coon, “LAND USE MORATORIA,” Division of Local Government Services, New
York Department of State, 2010.
Property Value
W. Gulden, “Critique of The Impact of Wind Power Projects on Residential Property
Values in the United States: A Multi-Site Hedonic Analysis,” Feb. 2010.
M. D. Heintzelman and C. M. Tuttle, “Values in the Wind: A Hedonic Analysis of Wind
Power Facilities,” Land Economics, vol. 88, no. 3, pp. 571–588, Aug. 2012.
B. Hoen, R. Wiser, P. Cappers, M. Thayer, and G. Sethi, “The Impact of Wind Power
Projects on Residential Property Values in the United States: A Multi-Site Hedonic
Analysis,” Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States),
LBNL-2829E, Dec. 2009.
C. U. Jensen, T. E. Panduro, and T. H. Lundhede, “The Vindication of Don Quixote: The
Impact of Noise and Visual Pollution from Wind Turbines,” Land Economics, vol. 90,
no. 4, pp. 668–682, Nov. 2014.
M. S. M. C.-J. 8 and 2010 Property Values Illinois, “WindAction | Testimony of Michael
McCann on property value impacts in Adams County IL.” [Online]. Available: http://
www.windaction.org/posts/26696-testimony-of-michael-mccann-on-property-value-
impacts-in-adams-county-il#.XaElfWes4W1. [Accessed: 12-Oct-2019].
71
M. S. McCann, “Re: The Impact of Wind Power Projects on Residential Property
Values in the United States: A Multi-Site Hedonic Analysis,” 14-Dec-2009.
Y. Sunak and R. Madlener, “The Impact of Wind Farms on Property Values: A
Geographically Weighted Hedonic Pricing Model,” SSRN Electronic Journal, 2012.
SEQR
“The SEQR Handbook,” Third Edition 2010 and Draft Fourth Edition 2019, Division of
Environmental Permits New York State Department of Environmental Conservation
Stray Voltage
D. Reinemann and J. Heinzen, “Wind Turbines and Farm Stray Voltage,” Feb-2014.
[Online]. Available: https://mrec.org/files/2014/03/WindTurbinesStrayVoltage-
pages.pdf. [Accessed: 12-Oct-2019].
M. Sagrillo, “Residential Wind Systems and ‘Stray Voltage’,” Windletter, The Monthly
News Letter of the American Wind Energy Association, vol 23, no. 6, June 2004,
Town Wind Laws and Related Reports
Marne Sussman and Jason James, “Model Municipal Wind Siting Ordinance,” draft of
January 12, 2012, Center for Climate Change Law at Columbia Law School, [Onlline].
Available:
http://columbiaclimatelaw.com/files/2016/10/Model_Municipal_Wind_Siting_Ordin
ance.pdf
“Report from the Town of Bethany Wind Turbine Study Committee,” [Online].
Available: https://townofbethany.com/document-center/wind-energy-information/
304-wind-turbine-committee-report/file.html
Carteret County Tall Structures Ordinance (Rev 2-26-14), [Online]. Available:
http://wiseenergy.org/Energy/MillPond/Carteret_Tall_Structures_Ordinance.pdf
Town of Clayton, New York Local Law No. 5 of the year 2016, "Wind Energy Facilities
Law," [Online]. Available:
https://townofclayton.com/wp-content/uploads/2016/08/Local_Law_BEW-
FINAL_8-21-16_rev.pdf
Town of Enfield, Tompkins County, New York, Local Law Number 1 of 2009, “Wind
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Energy Facilities Local Law,” [Online]. Available: http://townofenfield.org/wp-
content/uploads/2015/03/Wind-Energy-Facilities-Local-Law-1-2009.pdf
“Town of Freedom Wind Turbine Ordinance,” dated 11/16/2012, and Enacted Nov.17,
2015 by the Town of Freedom, Maine
Wind Energy Facility Local Law for Town of Hammond, Local Law No. 1 of 2009,
[Online]. Available:
https://townofhammondny.com/wp-content/uploads/2018/08/2009-LL-1-wind-
energy-facilities.pdf
Local Law No. 2 of 2011 of the Town of Hammond, NY to Amend and Restate in its
entirety Local Law No. 1 of the Year 2009, Wind Energy Facilities, [Online]. Available:
https://townofhammondny.com/wp-content/uploads/2016/02/LL-2-2011-Amend-
and-Restate-in-its-entirety-LL-1-of-the-Year-2009-WInd-Energy-Facilities.pdf
Proposed Local Law No. 1 of 2015, “Wind Energy Facilities Local Law of the Town of
Catlin, New York,” [Online]. Available: https://lincoln.ne.gov/city/plan/dev/wind/
working-group-info/Catlin-Local-Law-Proposed-Draft.pdf
“Findings and Recommendations of the Town of Orleans Citizens Wind Committee,
Parts I and II”, [Online]. Available:
https://www.townoforleans.com/uploads/3/9/3/0/39304171/orleans_wind_report_
pt._1.pdf ;
https://www.townoforleans.com/uploads/3/9/3/0/39304171/
orleans_part_two__sept_2009.pdf
Parishville, New York Local Law No. 1 of 2017, entitled “WIND ENERGY FACILITY
LAW OF THE TOWN OF PARISHVILLE, NEW YORK,” [Online]. Available:
http://www.parishvilleny.us/uploads/3/7/1/5/37155101/2017_wind_final.pdf
Local Law No. 2 of the Year 2018, A local law regulating wind energy facilities,
[Online]. Available:
http://www.townofrichland.org/forms/miscdocs/doc01614420181114130004.pdf
Part II: General Legislation/Zoning, Article VI, Special Use Permits , §200-50 –
Antennaes, towers, windmills and solar energy systems of the Code of the Town of
Richmond, NY, [Online]. Available: https://ecode360.com/12721413
§205-43.5 – Commercial/Industrial Wind Energy Conversion Systems of the Code of the
Town of Somerset, NY, [Online]. Available: https://ecode360.com/31074077
Zoning Local Law of the Town of Yates, Orleans County, New York, [Online].
Available: http://www.townofyates.org/Forms/Yates%20Zoning%20Book
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%20Revised.pdf
Article 10 Proceedings
CASE 14-F-0490 - Application of Cassadaga Wind LLC for a Certificate of
Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a
Wind Energy Project, “Recommended Decision by Presiding Examiner Dakin D. Lecakes,
Administrative Law Judge, Department of Public Service and Associate Examiner P. Nicholas
Garlick, Administrative Law Judge, Department of Environmental Conservation” on behalf of
the New York State Board on Electric Generation Siting and the Environment,
November 8, 2017, Matter 14-02216/ Case14-F-0490, [Online]. Available at:
http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?
MatterCaseNo=14-F-0490&submit=Search+by+Case+Number
CASE 16-F-0328 - Application of Number Three Wind LLC for a Certificate of
Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a
Wind Energy Project, “Recommended Decision by Presiding Examiner Maureen F. Leary,
Administrative Law Judge of the
Department of Public Service, and Associate Examiner Molly T. McBride, Administrative Law
Judge of the Department of Environmental Conservation” on behalf of the New York State
Board on Electric Generation Siting and the Environment, August 22, 2019, Matter 16-
01103/ Case16-F-0328, [Online]. Available at: http://documents.dps.ny.gov/public/
MatterManagement/CaseMaster.aspx?MatterCaseNo=16-F-0328&submit=Search
CASE 15-F-0122 - Application of Baron Winds, LLC for a Certificate of Environmental
Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy
Project, “Recommended Decision by Co-Presiding Examiners Anthony Belsito and James A.
Costello, Administrative Law Judges of the Department of Public Service, and Associate
Examiner Maria E. Villa, Administrative Law Judge of the Department of Environmental
Conservation,” on behalf of the New York State Board on Electric Generation Siting and
the Environment, May 24, 2019, Matter 15-00516/Case 15-F-0122, [Online]. Available at:
http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?
MatterCaseNo=15-F-0122&submit=Search
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