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NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
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❑ County DE mew" FS
❑ ILED
� Of Newfield
ilk Town
❑ Village MAY 2 1 206
Local Law No. 2 of the year 20 09 MIISCULIANEOUS
A local law Wind Energy Facilities & STATE RECORDS
(Insert Title)
Be it enacted by the Newfield Town Board of the
(Name of Legislative Bow
❑ County
❑ City of Newfield as follows:
4 Town
❑ Village
- ,The Town Board of the Town of Newfield adopts this Local Law to promote the
effective 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 Newfield finds and declares that:
(i) wind energy is an abundant, renewable, and non-poluting energy resource of the
Town and its conversion to electricity may reduce dependence on nonrenewable
energy sources and decrease the air and water pollution that results from the use
of conventional energy resources; (ii) the generation of electricty from properly sited
wind turbines, including small systems, can be cost effective, and in many cases
existing power distribution- systems can be used to transmit electricty from wind-
generating stations to utilities or other users or energy consumption_at that .. .
location can be reduced; (iii) regulation of the siting and installation of wind
turbines is necessary for the purpose of protecting the health, safety and
welfare of neighboring property owners and the general public; (iv) wind turbines, if
not properly sited and regulated, represent significant potential aesthetic impacts
because of their large size, lighting, and shadow effects; (v) wind turbines can be
sources of noise, which if unregulated, can negatively affect adjoining properties and
.residents; (vi) without proper planning, the construction of Wind Energy Facilities
and Wind Turvine Generators can create traffice problems and damage local roads;
and (vii) if improperly sited, wind turbines can interfere with certain types of
communications.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 2 of 20 09 of
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Town Board on May 14, 20 09 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 ,in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on '0 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
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* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
he Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 ,became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
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(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph 1 , above.
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Cler of the county legislative body,City,Triwn or Village Clerk or
officer designated by local legislative body
(Seal) Date: May 14, 2009
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
TATE OF NEW YORK
..,OUNTY OF Tompkins
I,the undersigned,hereby certify that the foregoing local law contains t - orrect text and that II proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
•
Si: ature
Town Attorney
Title
County
Cityof Newfield
Town
Village
Date: � 261 y
DOS-239 (Rev.05/05) Page 3 of 3
TOWN OF NEWFIELD,TOMPKINS COUNTY,NEW YORK
LOCAL LAW NUMBER 2 OF 2009
WIND ENERGY FACILITIES LOCAL LAW
Local Law Number 2 of 2009, entitled "WIND ENERGY FACILITIES LOCAL LAW,"
is hereby adopted by Resolution of the Town Board of the Town of Newfield, dated May
14, 2009, and reads in its entirety as follows:
ARTICLE I-GENERAL STATEMENT AND DEFINITIONS
SECTION 1: TITLE & APPLICATION - This Local Law shall be known as "Local
Law Number 2 of 2009" (herein, the "Local Law"). Local Law Number 2 of 2009 hereby
repeals any prior Local Law or Resolution that is inconsistent herewith. Local Law
Number 2 of 2009 applies to all land and governed projects within the Town of Newfield,
in Tompkins County,New York.
SECTION 2: LEGISLATIVE FINDINGS - The Town Board of the Town of Newfield
adopts this 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
Newfield finds and declares that: (i) wind energy is an abundant, renewable and non-
polluting energy resource of the Town and its conversion to electricity may reduce
dependence on nonrenewable energy sources and decrease the air and water pollution that
results from the use of conventional energy resources; (ii) the generation of electricity
from properly sited wind turbines, including small systems, can be cost effective, and in
many cases existing power distribution systems can be used to transmit electricity from
wind-generating stations to utilities or other users or energy consumption at that location
can be reduced; (iii)regulation of the siting and installation of wind turbines is necessary
for the purpose of protecting the health, safety, and welfare of neighboring property
owners and the general public; (iv) wind turbines, if not properly sited and regulated,
represent significant potential aesthetic impacts because of their large size, lighting, and
shadow effects; (v) wind turbines can be sources of noise, which, if unregulated, can
negatively affect adjoining properties and residents; (vi) without proper planning, the
construction of Wind Energy Facilities and Wind Turbine Generators can create traffic
problems and damage local roads; and (vii) if improperly sited, wind turbines can
interfere with certain types of communications.
SECTION 3: AUTHORITY - The Town Board of the Town of Newfield enacts this
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),
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§130(16) (Unsafe 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 Local Law:
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 defmed 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 Local Law.
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 Local Law relative to the removal and decommissioning of
WTG 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 defmed 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 Local Law, or (iii) take any
action or make any determination under this Local Law.
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FAA-the Federal Aviation Administration.
LOCAL LAW - Local Law Number 2 of 2009, known as the Wind Energy
Facilities Local Law, of the Town of Newfield,Tompkins County,New York.
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.
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, 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.
RESIDENCE - Any dwelling suitable for year-round habitation, possessing
insulation, and serviced by a potable water supply, commercial electric power
supply, and a functioning septic system or equivalent sewage disposal service,
existing in the Town of Newfield on the date an application is received. A
residence may be part of a multi-dwelling or multipurpose building, but shall not
include buildings such as hunting camps, correctional institutions, hotels,
hospitals, motels, dormitories, sanitariums, nursing homes, schools or other
buildings used for educational purposes.
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.
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. Any lot or parcel subject to a lease, easement,
or other agreement relating to the siting or impacts of a WTG or a Wind Energy
Facility shall not be considered, to the extent so applicable,based upon the terms
of such lease, easement, or other agreement, for purposes of impact and permit
analyses under this Local Law.
SMALL WIND TURBINE GENERATOR or SMALL WTG - a wind turbine
generator consisting of a wind turbine, a tower, and associated control or
conversion electronics, which has a rated capacity of not more than 100 kW and
which is primarily intended to reduce consumption of utility power at that
location.
SOUND PRESSURE LEVEL - A measurement of noise or sound performed in
accordance with the International Standard for Acoustic Noise Measurement
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Techniques for Wind Generators(IEC 61400-11),or;with the approval of the
Enforcement Officer, another accepted and recognized industry procedure for
measuring noise or sound.
TOTAL HEIGHT - the height of the tower and the furthest vertical extension of
the WTG.
TOWN-The Town of Newfield,in Tompkins County,New York.
TOWN BOARD - The Town Board of the Town of Newfield, in Tompkins
County,New York.
TOWN CLERK - The Town Clerk of the Town of Newfield, in Tompkins
County,New York.
VARIANCE - A process by which an Applicant or Operator or permit holder
seeks to change or modify a requirement of this Local Law.
WAIVER - A process by which an Applicant or Operator or permit holder seeks
to have a requirement of this Local Law not apply to a Site, Person, project, or
permit.
WIND ENERGY FACILITY - Any WTG, Small WTG, or Wind Measurement
Tower, including all related infrastructure, electrical lines, substations, access
roads and accessory structures.
WIND ENERGY PERMIT - A permit granted pursuant to this Local Law
granting the holder the right to construct, maintain, and operate a Wind Energy
Facility.
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 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").
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ARTICLE LI—PERMITS
SECTION 1: APPLICABILITY
A. The requirements of this Local Law shall apply to (i) all Wind Energy
Facilities proposed, and (ii) all Wind Energy Permit applications
submitted or issued after the effective date of this Local Law, and (iii)
each and every Person who desires to build, lease, maintain, or operate
any Wind Energy Facility, WTG, Small WTG, or Wind Measurement
Tower.
B. Wind Energy Facilities for which a required permit has been properly
issued and upon which construction has commenced prior to the effective
date of this Local Law shall not be required to meet the requirements of
this Local Law provided,however,that:
1. If such Wind Energy Facility is out of service or does not provide
energy for a continuous period of 24 months, such Wind Energy
Facility shall be required to thereafter comply with the
requirements of this Local Law prior to commencing or re-
commencing production;
2. No modifications or alterations to such Wind Energy Facility shall
be permitted except in compliance with this Local Law.
SECTION 2: PERMITS REQUIRED; TRANSFER;MODIFICATIONS
A. Permit Requirements.
1. No Wind Energy Facility shall be constructed or operated in the
Town except in compliance with this Local Law.
2. No WTG shall be constructed or operated in the Town except
pursuant to a Wind Energy Permit approved pursuant to this Local Law.
3. No Wind Measurement Tower shall be constructed in the Town
except pursuant to a Wind Energy Permit Issued pursuant to this 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 Local
Law.
B. Applicability.This Local Law shall apply to all areas of the Town.
5.
C. Agricultural Use Exemption No permit or other approval shall be required
under this Local Law for 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 1.5 times the Total Height, and (ii) does
not exceed 120' in Total Height. Towers over 120' in Total Height utilized
solely for agricultural operations in the state or county agricultural district
shall apply for a permit in accordance with this 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.
D. Transfer. The transfer of any Permit to an entity other than the Applicant
to whom the permit was issued shall require approval of the Town Board.
No request for transfer shall be considered unless and until the subject
Wind Energy Facility has been constructed. The approval may be
conditioned upon any one or more reasonable factors, including, but not
limited to, (i) compliance with this Local Law, and (ii) the written
acceptance by the proposed transferee of all obligations imposed under
any permit, Variance, Waiver, this Local Law, any Developer's
Agreement, or any other applicable contract or agreement, and (iii) such
other terms as shall be reasonably determined by the Town Board.
Whenever required by the Town Board, the transferee shall take such
actions and submit such documentation as shall allow the issuance of a
permit in the name of the proposed transferee.
E. Facility Modifications. Notwithstanding the requirements of this Local
Law, replacement in kind or modification of a Wind Energy Facility may
occur without Town approval when there will be (i) no increase in Total
Height, (ii) no change in the location of the WTG, (iii) no additional
lighting or change in facility color, and (iv) no increase in noise produced
by the WTG. All changes will be in writing and be provided to the
Enforcement Officer.
ARTICLE III-PERMITS AND PERMITTING PROCESS
SECTION 1: APPLICATION REQUIREMENTS
A. Application Contents. An application for a Wind Energy Permit shall
include 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;
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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 (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 Energy
Facility;
3. Adjacent Owners. A list of each and all of the property owners,
together with their respective residence and mailing addresses, located
within 500'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;
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;
(b) Locations of all proposed facilities and improvements,
including WTG, access roads, electrical lines, substations, storage
or maintenance units, and gates or fencing;
(c) Location of all Residences and other existing structures on
the Site and within 500' 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 aboveground utility lines and/or easements
upon or affecting the Site;
(g) To demonstrate compliance with the setback requirements of
this Article, circles drawn around each proposed WTG location
equal to both 1.5 times the tower height and 1.5 times the blade -
radius(sweep)measurement.
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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 noise levels during WTG operation;
(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;
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;
10. Decommissioning Plan. The Applicant shall submit a written
decommissioning plan that shall include,at a minimum: (i)the anticipated
life of the WTG; (ii) the estimated decommissioning cost in current
dollars; (iii)how said estimate of decommissioning costs was determined;
(iv) the method of ensuring that funds will be available for
decommissioning and restoration costs; (v) the method by which the
decommissioning and restoration cost funds will be kept current relative to
increases and decreases in total decommissioning and restoration costs;
(vi) the form of any type of security, bond, or other undertaking that will
be posted to assure that the then current decommissioning and restoration
costs are available for decommissioning and restoration; and (vii) the
manner in which the WTG will be decommissioned and the Site restored;
11. Complaint Resolution Plan. The application will include a
proposed complaint resolution process to address complaints from Persons
who live in nearby Residences. The process may use an independent
mediator or arbitrator and shall include a time limit for acting upon any
complaint;
12. Construction Information. Information pertaining to the
construction/ installation of the Wind Energy Facility, including, at a
minimum,the following:
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(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;
13. EAF. A Completed Part 1 of the Full EAF as required by SEQRA,
together with visual impact assessment addendums;
14. Standards and Other Information. The Applicant shall (i)
affirmatively show compliance with the standards of Article IV of this
Local Law, and(ii) provide such other information and data as reasonably
required by the Town;
15. 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 Applicant agrees in writing that the proposed
Wind Energy Facility or any WTG therein may have a significant adverse impact
on the environment the Town Board may issue a positive declaration of
environmental significance. In such case, the Applicant shall cooperate with the
Town and its agents to properly complete a DEIS.
C. Environmental Studies. The following information and studies shall be
submitted to the Town Board for review in connection with any permit
application and/or any SEQRA review. If a positive declaration of environmental
significance is determined by any SEQRA lead agency, such submissions may
and shall also be made in connection with the DEIS:
1. Visual Impact Assessment. A visual impact assessment of each
proposed WTG. 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. The visual impact assessment shall also include (i) color
photographs of the proposed Site from at least two locations accurately
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depicting the existing property conditions and 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;
2. Noise Study. A Sound Pressure Study and noise analysis
documenting the pressure and noise levels associated with each proposed
WTG, which studies shall account for (i) seasonal and other variations in
ambient noise, (ii) noise levels measured from varying distances and
elevations, and(iii)an A-weighted study of noise levels across a range of
wind speeds and directions as measured at various distances out to 2,000'
from each WTG;
3. Shadow Flicker Study. A study of potential shadow flickers from
each WTG.The study shall identify locations where shadow flickers could
be caused by the WTG and the expected durations of the same at these
locations. Shadow Flickers shall be mitigated if their impact materially
affects any Residence;
4. Communication Impacts. An assessment of potential interference
of each proposed WTG with microwave, radio, television, personal
communication systems and other wireless communications. 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;
5. Fire Protection Plan. A fire protection and emergency response
plan that (i) complies with the Tompkins County All-Hazards Mitigation
Plan, and (ii) is created in consultation with the fire department(s) having
jurisdiction over the proposed Site.
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.
B. Escrow Agreement. The Town may require the Applicant to fund an
escrow agreement or to sign a Developer's Agreement to cover the amount by
which the Town's estimated costs and expenses of review, including reasonable
legal and engineering fees, exceed (or will exceed) the application fees paid by
the Applicant.
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C. Application Submittal. Six copies of the completed application, including
all related and ancillary exhibits, studies, and materials, shall be submitted to the
Town Clerk.
D. Application Completeness Review. The Town, or its designated
consultant(s), shall, within 30 days of receipt by the Town Clerk, determine
whether all information required under this Article is included in the application.
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,or its designated consultant(s),
shall provide the Applicant with a written statement listing any incomplete or
missing data, forms, or other material or information.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.
E. Board Receipt of Applications. The Town Clerk shall transmit the
completed application and related materials to the Town Board within 10 days of
the determination that the application is complete.
F. Public Hearing. The Town Board shall thereafter promptly consider and
review the application. In addition,the Town Board shall schedule and conduct at
least one public hearing upon the application. 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 first class mail to all property owners within 750' of the
boundary of each proposed WTG at least 7 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 regular first class mail, postage
prepaid, and deposited into the exclusive care and custody of the United States
Postal Service at least 10 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.
G. County Planning Board Notice.Notice of the project shall also be given to
the Tompkins County Planning Board when required by General Municipal Law
239-1,239m,.and 239-n.
H. SEQRA Review. Permit applications shall be deemed Type I projects
under SEQRA. 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 (15), (18) and/or(21). The Town may conduct its
SEQRA review in conjunction with other agencies,in which case the records of
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review by such agencies shall become part, of the record of the Town's
proceedings.
I. 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,which statement may also
serve as the Town's decision on the application.
J. Application Decision. Upon receipt of the recommendation of the County
Planning Board (where applicable), the holding of the public hearing, and the
completion of the SEQRA process, the Town Board shall issues its determination
upon the application within 30 days.
SECTION 3: ISSUANCE OR DENIAL OF WIND ENERGY PERMITS - Upon
completion of the review process, the Town Board shall, upon consideration of the
standards contained in this Local Law and the record of the SEQRA review, issue a
written decision with the reasons for approval, conditional approval, or denial fully
stated. If approved, the Town Board will direct the Town Clerk to issue a Wind Energy
Permit 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 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 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 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 WTG to any building or other structure shall be buried at least 36 inches
underground using the ""double-trench"method.
SECTION 2: Antennae Co-Location. No television, radio, or other communications
antennae may be affixed or otherwise made part of any WTG, unless a Variance or
Waiver is granted under and pursuant to this 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 WTG shall be lit except to comply with 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 WTG to the extent possible, including, at a minimum,the following: (i)
WTG shall use tubular towers or other certified structures; (ii)WTG shall be finished in a
single, non-reflective matte finish color; (iii) 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.
SECTION 6: Guy Wires. The use of guy wires for WTG is disfavored. A 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: Microwave Links. No WTG shall be installed in any location along the
major axis of an existing microwave communications link where its operation is likely to
interfere in the link's operation.
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. The use of
previously developed areas will be given priority wherever possible.
SECTION10: 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.
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•
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.
SECTION 15: Required Safety Measures. The following safety measures shall be
complied with:
A. Controls. Each 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 20'.
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'of ground level, as measured from the base of the structure;
E. Access Control. WTG 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 requirements shall be
complied with:
A. Traffic Routes. Construction and delivery vehicles.for WTG and Wind
Energy Facilities shall use traffic routes established as part of the application
review process. Factors in establishing such corridors shall include:
1. Minimizing traffic impacts from construction and delivery
vehicles;
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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 may limit WTG-related
traffic to specified routes, and may include a plan, or require the Applicant to
provide a written plan, for disseminating traffic route information to the public.
C. Road Remediation. The Applicant shall be responsible for the remediation
and repair of damaged Town roads and highways.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 roads and highways, and their related
appurtenances.
SECTION 17: Sound Levels and WTG Setbacks. The following standards and
requirements shall apply to each WTG:
A. Sound Levels. The statistical Sound Pressure Level generated by a WTG
shall not exceed 55 decibels above ambient sound levels measured at the nearest
off-Site Residence.
B. Setbacks. Each WTG shall be located with the following minimum
setbacks, as measured from the center of the WTG:
1. Occupied Structures. 750' or 1.5 times the Total Height, whichever
is greater,of the proposed WTG as measured horizontally from the center-
point of the Tower(s) to the closest edge of the Residence, unless the
owner of the Residence has consented otherwise pursuant to a written
lease, easement or other agreement regarding a WTG or the Wind Energy
Facility;
2. Property Line. 750'or 1.5 times the Blade Radius (Sweep)
measurement, whichever is greater, from the property line(s)between Site
and any adjacent property owners, unless the neighboring landowner has
consented otherwise pursuant to a written lease, easement or other
agreement regarding a WTG or the Wind Energy Facility;
3. WTG. 750'or 1.5 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;
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4. Wetlands. 100' from mapped or jurisdictional wetlands, except
where wetlands fill or construction permits have been issued by the DEC
or ACE,as applicable.
C. Utility Lines, Driveways and Roads. There shall be no required minimum
setbacks of WTGs and Wind Energy Facilities from public utility lines,other than
the requirements of the Public Utility Easements or the Public Service
Commission. There shall be no required minimum setbacks of WTGs and Wind
Energy Facilities from public or private roads and rights of way, private
maintenance driveways and roadways, seasonal and limited use roadways, and
abandoned or qualified abandoned roads other than the requirements for property
line setbacks.
SECTION 18: Noise and Setback Waivers. Waivers granted under this Section do not
require the issuance of any different or additional Waiver or Variance under Article V of
this Local Law. In the event a Wind Energy Facility does not meet a setback requirement
or exceeds noise or other criteria established by this Local Law as it existed at the time
the Wind Energy Permit is granted, a special waiver may be granted from such
requirement by the Town Board in the following circumstances:
A. Written consent from the affected property owners has been obtained
stating that they are aware of the Wind Energy Facility and the noise and/or
setback limitations imposed by this Local Law, and that consent is granted to (i)
allow noise levels to exceed the maximum limits otherwise allowed or (ii)
setbacks less than required; and
B. Such consent is in a recordable form based upon the requirements of the
Tompkins County Clerk, such as in a duly notarized lease, easement, or other
agreement, and such consent has been recorded in the County Clerk's Office
describing the benefited and burdened properties and the nature and scope of such
consent, which consent may not be revoked or cancelled without the consent of
the Town, which consent shall be granted upon either the completion of
decommissioning of the WTG in accordance with this Local Law or the
acquisition of the burdened parcel by the Applicant or Operator of the Wind
Energy Facility. Otherwise, the consent of the Town shall not be unreasonably
withheld.
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, whereat 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;
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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 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 Enforcement Officer may revoke any Waiver for reasonable cause
should the Applicant or Operator fail to comply with any non-waived provision of
this Local Law, or fail to comply with the terms and conditions stated in any
granted Waiver. If the Applicant or Operator believes the revocation was
improper an administrative appeal may be filed in accord with this Local Law.
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 records in its minutes that: (1) granting the
Variance would be keeping with the intent and spirit of this 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 minimum necessary degree of variation from the requirements of
this 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 Enforcement Officer may revoke any Variance for reasonable cause
should the Applicant or Operator fail to comply with any non-waived provision of
this 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 Local Law.
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SECTION 3: ADMINISTRATIVE 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 to the Town
Supervisor,and this process shall be referred to as an"Administrative Appeal" under this
Local Law. Such appeal must be filed within. 10 days of the date the Enforcement
Officer files and provides notice of any decision or within 10 days of any other action or
determination appealed from. The following procedures apply to all Administrative
Appeals under this Local Law:
A. Any Person seeking to appeal must file a petition for appeal, the form of
which shall be supplied by the Enforcement Officer. Such petition must concisely
state the basis of the appeal, and describe the underlying denial, revocation,
condition, or other matter appealed from. Such petition shall be verified and shall
state the ground or grounds upon which the applicant claims that the
determination of was erroneous,arbitrary or capricious.
B. Such petition shall be filed with the Town Clerk within 10 days after the
receipt of notice of the adverse determination or other matter providing grounds
for an appeal.
C. Within 20 days of the filing of such appeal with the Town Clerk,the Town
Supervisor shall investigate the matter, and may hold one or more hearings on the
matter. The Person who filed the appeal is entitled to (i) at least 10 days notice of
any hearing, and (ii) be present at all such hearings and meetings. Such notice
shall state the name and address of the appellant,the subject matter of the hearing
and the date, place and hour designated for such hearing. A copy of such notice
shall be mailed to the appellant at least 10 days before such hearing. Upon any
hearing,the applicant involved shall be entitled to be represented by legal counsel
and to present whatever competent and material testimony or other evidence as
may be relevant to the subject matter of the hearing. Whenever such hearing is
required to be a public hearing, the Town Supervisor shall comply with all other
notice procedures required by this Local Law and by the Town Law of the State
of New York. Similarly,the requirements of the Open Meetings Law shall apply.
D. At the hearing, the Town Supervisor shall consider or re-consider the
appellant's petition and, in his discretion, may receive new or additional evidence
in support of or in opposition thereto. The Town Supervisor, after such hearing,
may affirm the action or determination made, may require the granting or
reinstatement of any Variance,Waiver or Permit,or may take such other action as
he deems necessary or desirable relative to such appeal.
E. The Town Supervisor shall have appellate jurisdiction over the decisions
and determinations of the Town Board as Chief Executive Officer for the Town
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(and not as a legislator thereof), such that no claim that an administrative appeal
of a Town Board action or determination is futile or unnecessary shall permit the
appellant to avoid the Administrative Appeals process set forth in this Local Law.
F. A determination upon the appeal shall be made by the Town Supervisor
within. 30 days of the close of the hearing(s) and written notice of the
determination must be mailed to the appellant and filed in the Office of the Town
Clerk.
G. No judicial review may be had or filed until the administrative appeal
process outlined in this Local Law has been completed and a determination is
either (i) issued pursuant to sub-paragraph D of this Section, or (ii) the Town
Supervisor fails to issue a determination upon the appeal within the time required
by sub-paragraph F of this Section. If the Town Supervisor issues his decision and
the appellant remains aggrieved, a judicial review may be had pursuant to Article
78 of New York's Civil Practice Law and Rules, and the determination of the
Town Supervisor shall be a "final action or determination" for the purposes of
said Article 78.
ARTICLE VI-OPERATION,PERMIT REVOCATION,
ABATEMENT,VIOLATIONS
SECTION 1: OPERATION,PERMIT REVOCATION,AND ABATEMENT -
A. Operation. Each 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 Local Law. Should the operation of
any WTG or Wind Energy Facility, or any Applicant or Operator, violate any
permit condition(s) or any requirements of this Local Law, the Applicant or
Operator shall remedy each such violation or situation of non-compliance within
90 days after the delivery of written notice from the Enforcement Officer,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. Hearing. If the violation(s) and/or incidents of non-compliance 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 WTG and restoration of the Site within 90 days.
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If the ordered removal, decommissioning and restoration are not completed within
said 90 days, the Town shall have the right to remove the 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
Local Law.
D. Inoperative WTG. If any WTG or Wind Energy Facility remains non-
functional or inoperative for any continuous period of 24 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 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 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
WTG or Wind Energy Facility shall be brought into compliance with this Local
Law and placed into operable condition. The lack of function or operation of any
WTG or Wind Energy Facility may be 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 WTG necessary to prove the WTG is
functioning, which reports may be redacted as necessary to protect any
proprietary information.
E. Removal and Remediation.
1. If WTG or Wind Energy Facility becomes inoperative in
accordance with the preceding provision (Article VI, Section 1(D)) then,
within thirty (30) days of the date on which such WTG or Wind Energy
Facility has become inoperative,the property owner shall remove the
tower,rotor, guy wires, and associated equipment and facilities by no later
than 90 days after the end of the twenty four-month period.
2. If the property owner fails to remove the WTG or Wind Energy
Facility within the time frame described above, the Enforcement Officer
may issue the property owner a notice of violation directing facility
removal within a specified time frame. Said notice of violation shall
further advise that, should the v iolator fail to meet the established
deadline,the work may be done by a designated governmental agency or a
contractor, with the expense thereof to be charged to the violator and/or to
become a lien against the premises.
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3. If removal of the WTG or Wind Energy Facility is not completed
to the satisfaction of the Enforcement Officer within the period set forth in
the Town's notice of violation or Town Board's decision after any appeal
thereof pursuant to Subsection E(5) below, the Town may enter the
premises to perform the removal or cause it to be made. The Town's entry
onto such premises shall be pursuant to an agreement between the Town
and landowner. If no agreement exists or can be obtained in a timely
manner,the Town may enter such property to remove an imminent danger
to life,property or safety of the public caused by the nonfunctioning small
wind energy facility. The Town further may seek a warrant from a court of
competent jurisdiction for access to the premises and/or may seek a court
order requiring or authorizing all actions reasonably necessary to remove
the facility, with the costs of such actions the sole responsibility of the
violator.
4. The Town shall present the landowner with a bill for all costs and
expenses incurred by the Town in connection with the removal and
disposal of the WTG or Wind Energy Facility. If the landowner fails to
pay such costs and expenses within 15 days after the demand for same, or
within 30 days of the final decision on any administrative or judicial
contest the landowner may pursue, then such unpaid costs, expenses and
interest (at the statutory interest rate for money judgments in New York
State courts) incurred from the date of the removal activities shall
constitute a lien upon the land on which such measures were undertaken.
A legal action or proceeding may be brought to collect such costs,
expenses,interest,and recoverable attorney's fees or to foreclose such lien.
As an alternative to the maintenance of any such action,the Town may file
a certificate with the Tompkins County Department of Assessment stating
the costs and expenses incurred and interest accruing as aforesaid,together
with a statement identifying the property and landowner. The Tompkins
County Department of Assessment shall, in the preparation of the next
assessment roll, assess such unpaid costs, expenses and interest upon such
property. Such amount shall be included as a special ad valorem levy
(administered as a move tax) against such property, shall constitute a lien,
and shall be collected and enforced in the same manner, by the same
proceedings, at the same time, and under the same penalties as are
provided by law for collection and enforcement of real property taxes in
the Town of Ithaca. The assessment of such costs, expenses and interest
shall be effective even if the property would otherwise be exempt from
real estate taxation.
5. Any person receiving a notice of violation or a bill for Town costs
and expenses may appeal to the Town Board by, within 15 days of receipt
of such notice or bill,delivering to the Town Clerk at the Town offices an
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appeal requesting a reconsideration and administrative hearing before the
Town Board. Such appeal shall state the basis for the request for
reconsideration and shall be accompanied by any supporting materials.
Failure to serve such an appeal within 15 days shall be deemed a waiver of
any claim or defense that the notice or bill is not justified, and the violator
shall comply with the requirements of the notice or pay the bill. If the
appeal is timely filed,the Town Board shall, within 40 days of the filing,
hold a hearing and, based upon any relevant materials presented by the
Town and the appellant, shall issue a resolution deciding the appeal within
30 days after the hearing. Such resolution shall be filed with the Town
Clerk, who shall arrange for delivery of a copy of the decision to the
appellant within five days after such filing,at the address for such person
designated in the appeal or at such other address as the appellant may
thereafter designate in writing to the Town Clerk. The Town Board's
decision after the hearing shall constitute a final agency action.
F. Decommissioning Fund. The Applicant or Operator shall continuously
maintain a fund, bond, irrevocable letter of credit, or other form of security or
undertaking that is: (i) acceptable to the Town; (ii) in an amount reasonably and
periodically determined by the Town; (iii) in favor of and payable to the Town
upon demand; (iv) for the removal and decommissioning of any WTG or Wind
Energy Facilities and for Site restoration; (v) in the amount of $125,000.00, or
such greater amount as reasonably determined by the Town,for each WTG and/or
each Wind Energy Facility subject to a permit. All costs of the financial security
shall be borne by the Applicant.All Decommissioning Fund requirements shall be
fully funded and approved by the Enforcement Officer before any building permit
is issued. The amount of the required Decommissioning Fund may be periodically
reviewed by the Town, in its discretion, and increased or decreased based upon
the changes over time for the actual estimated costs of removal, decommissioning
and Site restoration. Failure to provide such additional security or undertaking
within 90 days of the Town's demand there for shall subject the Applicant or
Operator to Permit revocation or other remedies set forth in this Local Law.
ARTICLE VII-WIND MEASUREMENT TOWERS
SECTION 1: WIND SITE ASSESSMENT - The Town acknowledges that prior to
construction of a 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:
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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.
B. Permit Duration. Wind Energy Permits for Wind Measurement Towers
may be issued for a period of up to two years. Permits shall be renewable upon
application to the Town Board.
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 include:
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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(i) confirms that the
property owner is familiar with the proposed application(s) and (ii) authorizes the
submission of the application, or (ii) the submission of an easement, lease, or
other agreement of such owner relative to the siting of the Small WTG;
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 height recommended by the manufacturer or distributor of the system;
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 systems 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:
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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 acre and/or 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;
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 excessiv-e 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 feet in height that encloses the tower;
25
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 6' 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;
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
1.5 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 noise generated by the system shall not exceed 50 decibels as measured at
the closest Residence not located on Site.
SECTION 5: PERMIT REVIEW AND PROCESS -The procedural provisions of Article
II, Sections 2, 3 and 4 shall apply to the review and issuance or denial of Small WTG
Wind Energy Facilities permits under this Local Law.
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 2
year shall be deemed abandoned and shall be dismantled and removed from the
property at the expense of the property owner. Refer to Article IX, SECTION 2
VIOLATION AND ENORCEMENT.
26
ARTICLE IX-GENERAL AND MISCELLANEOUS PROVISIONS
SECTION 1: PERMITS,FEES AND AGREEMENTS
A. Wind Energy Permits.Non-refundable application fees shall be as follows:
1. WTG Wind Energy Permit: $250 per WTG.
2. Wind Measurement Towers Wind Energy Permit: $200 per tower.
3. Small WTG Wind Energy Permit: $150 per WTG.
4. Wind Measurement Tower Wind Energy Permit renewals: $50 per
WTG.
B. Building Permits. The review of building and electrical 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
Local Law.
C. Host Community Agreements. Nothing in this 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.
SECTION 2: VIOLATION AND ENFORCEMENT
A. Penalties. Any Person that (i) violates or fails to comply with this 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 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
27
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 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 Local Law shall be deemed a third or
subsequent violation, as applicable. Any Person who commits a third or
subsequent violation of this 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 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 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 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.
28
2. In the event of any violation or threatened violation of any of the
provisions of this Local Law, including the terms and conditions imposed
by any Variance, Waiver or permit issued pursuant to this 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 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
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 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 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 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 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 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.
29
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 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 Supervisor 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 compensation to the Town for
administering, supervising and handling said work in accord with the
provisions of this 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 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 Towns pursuit of any one right or remedy does not effect a
waiver or an election of remedies, and the Town may thereafter pursue or
30
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: SECTION 487 TAX ELECTION - Pursuant to Subdivision 8 of the New
York Real Property Tax Law, the Town hereby declares and determines that no
exemption under said Section 487 (as now exists or as hereafter re-codified or amended)
shall be applicable within the Town with respect to wind energy systems or farms. The
Town reserves the right to enter into an authorized PILOT agreement with any Person in
connection with any such wind energy system or farm.
SECTION 4: SEVERABILITY- If any provision of this Local Law shall be adjudged by
any court or other tribunal of competent jurisdiction to be invalid or unenforceable, such
determination or judgment shall not affect, impair, or invalidate the remainder of this
Local Law, which shall remain valid and enforceable. Any found invalidity or
unenforceability shall be confined in its operation 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 5: INDEMNITY AND LIMITATION UPON TOWN LIABILITY - In the
course of conducting any removal, cleanup, remediation, or restoration operations, all
work shall be undertaken with a diligent regard to, and a diligent application of, all
applicable safety standards, rules,laws and regulations, in accord with the safest practice
and customs in the applicable industry. Each Person working upon any removal,cleanup,
remediation, or restoration work, including all Persons acting in furtherance of the
performance of any work pursuant to or under any Noncompliance Notice, shall
indemnify, keep and save harmless the Town from and against any and all losses, costs,
damages, expenses,judgments, claims, or liabilities of any kind whatsoever which may
accrue against or be charged to or recovered from the Town from or by reason of or on
account of accidents, injuries, damages, and/or losses to Persons or property during any
removal, cleanup, remediation, or restoration work. This indemnity provision shall be
construed and applied to the maximum extent permitted by law. The Town shall not be
liable or responsible for any injury to Persons or damage to property due to the Town's
actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a
reasonable degree of certainty that such injury or damage was solely caused by a
malicious,or similar willful or intentional, act of the Town.
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.
31
SECTION 7: EFFECTIVE DATE AND FILING - This 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 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.
•
32
Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
STATE of>r;, '
❑ County DEPARTt �I
❑ City
of Newfield
® Town :.
Ea Village JU
MiSc,1 i_.„ _
Local Law No 1
of the year 20 08 & SIA l
A local law Providing for a Moratorium on the Construction and Operation of
(Insert Title)
Windmills and Windmill Facilities for a period of One Hundred
Eighty (180) Days
Be it enacted by the Newfield Town Board of the
(Name of Legislative Body)
❑ County
❑ City
Of Newfield as follows:
l Town
❑ Village
(Delete this line of text and enter text of local law here)
The Town Board of the Town of Newfield finds that this moratorium is necessary to
preserve and protect the health, safety and welfare of the residents of the Town
of Newfield, and to enable the Town Board to comprehensively address the issues
involved with the construction, placement, erection, enlargement, installment and
operation of residential, commercial and industrial windmills and windmill
facilities. If development of such were allowed to proceed during the duration
of this moratorium, irreversible damage to the health and safety of residents
as well as adverse environmental impacts might occur.
This moratorium will allow the Board to carefully and thoroughly research,
review and deliberate upon all pertinent issues relating to windmills and
windmill facilities.
Of additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05)
Page 1 of 3
TOWN OF NEWFIELD
LOCAL LAW NO. 1 OF THE YEAR 2008
A LOCAL LAW PROVIDING FOR A MORATORIUM
ON THE CONSTRUCTION AND OPERATION OF
WINDMILLS AND WINDMILL FACILITIES
FOR A PERIOD OF ONE HUNDRED EIGHTY(180)DAYS
Be it enacted by the Town Board of the Town of Newfield as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Newfield
finds that this moratorium is necessary to preserve and protect the health, safety and
welfare of the residents of the Town of Newfield, and to enable the Town Board to
comprehensively address the issues involved with the construction, placement, erection,
enlargement, installation and operation of residential, commercial and industrial
windmills and windmill facilities. If development of such were allowed to proceed
during the duration of this moratorium, irreversible damage to the health and safety of
residents as well as adverse environmental impacts might occur. This moratorium will
allow the Board to carefully and thoroughly research, review and deliberate upon all
pertinent issues relating to windmills and windmill facilities.
Section 2. Definitions.
(a) "Windmill(s)" as used herein shall mean, refer to and include: (i) a windmill
that provides electrical or mechanical power to an individual residence, operating farm or
single commercial enterprise and can be either the primary or a secondary source of
energy, and (ii) a windmill, or series of windmills in a facility, whose. purpose is to
generate electricity that is fed into a power grid for sale.
(b) "Windmill facilities" shall mean, refer to and include windmills of any
type, as well as all related infrastructure,electrical lines and substations, access roads and
accessory structures necessary to operate the windmill and transmit the electrical power
which is generated thereby.
Section 3. Prohibition of Windmills and Windmill Facilities. For a period of
one hundred eighty (180) days from the date of enactment of his local law, no
windmill(s) or windmill facilities shall be constructed, placed, erected, established,
enlarged or permitted in the Town of Newfield, except as may be allowed under
applicable provisions of the New York Agriculture and Markets Law and any regulations
relating to such law.
Section 4. Implementation of Prohibition. For a period of one hundred eighty
(180)days from the enactment of this local law:
(a) No Town official shall accept for filing any application for the
construction, placement, erection, enlargement, establishment or installation of any
windmill(s)or windmill facilities;
(b) The Code Enforcement Officer shall not issue any building or other
permit for any construction that is related to, or would result in the construction,
placement, erection, enlargement, establishment or installation of a windmill or
windmill facilities.
Section 5. Penalties.
(a) Any person constructing, placing, erecting, enlarging, establishing or
installing a windmill or windmill facility in violation of this law shall be subject to
the penalties set forth in Section 268 of the Town Law of the State of New York.
(b) In the event of an unlawful construction, placement, erection,
enlargement, establishment or installation of a windmill or windmill facility, in
addition to any other remedies available to the Town, the Town, through its Code
Enforcement Officer, may institute any appropriate action or proceeding to enjoin,
prevent, restrain, correct or abate such violation or any construction in violation of
this local law.
Section 6. Term. This local law shall be in effect for a period of one
hundred eighty (180) days from its effective date; provided, however, that the
penalties section hereof shall remain in full force and effect after such one hundred
eighty (180) day period for the purpose of prosecuting any violation which occurred
during such a period.
Section 7. Partial Invalidity. If any provision of this law is found invalid
by any court of competent jurisdiction, such invalidity shall not effect any other
provisions of this local law which shall remain in full force and effect.
Section 8. Effective Date. This local law shall take effect immediately
upon filing with the Secretary of State in accordance with Section 27 of the New
York Municipal Home Rule Law.
Dated: jtikt /( , 2008
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto,designated as local law No. 1 of 20 08 of
the(County)(City)(T,o )(Village)of Newfield was duly passed by the
Newfield Town Board on July 10, 20 08 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer".)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer')
on 20 ,in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
'Name of Legislative Body)
apassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
•
•
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
...-reon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 , above. /
Id d'.d ii' - / d7
Cle o t e county legislative body,City,To or Village Clerk or
officer designated by local legislative body
(Seal) Date: July 10, 2008
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
TE OF NEW YORK
JNTY OF Tompkins
I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
ignature -
Town Attorney
Title
County
Cityof Newfield
Village
Date: July 10, 2008
DOS-239 (Rev.05/05) Page 3 of 3