HomeMy WebLinkAboutLL 13 of 2008 Small Wind Energy Facilities.doc
TOWN OF ITHACA
LOCAL LAW NO. 13 OF THE YEAR 2008
A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA
CODE, ENTITLED ZONING, REGARDING SMALL WIND ENERGY
FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270, Article III, Section 270-5 of the Town of Ithaca Code,
entitled “Definitions,” is amended by adding the following definitions for “BUILDING-
MOUNTED SMALL WIND ENERGY FACILITY,” “QUALIFIED WIND ENERGY
INSTALLER,” “SMALL WIND ENERGY FACILITY,” and “WIND ENERGY
FACILITY”:
“BUILDING-MOUNTED SMALL WIND ENERGY FACILITY -- A small wind
energy facility that is specifically designed for installations on the roofs, sides or
other elevated surfaces of buildings.”
“QUALIFIED WIND ENERGY INSTALLER – A person who has skills and
knowledge related to the construction and operation of wind energy equipment
and installations and has received safety training on the hazards involved. Persons
who are on the list of eligible wind installers maintained by the New York State
Energy Research and Development Authority (NYSERDA) shall be deemed to be
qualified wind energy installers. Persons who are not on NYSERDA's list of
eligible wind energy installers may be deemed qualified wind energy installers if
the Town determines such persons have had adequate training to determine the
degree and extent of the hazard and the personal protective equipment and job
planning necessary to perform the installation safely. Such training shall include
the proper use of special precautionary techniques and personal protective
equipment, as well as the skills and techniques necessary to safely install wind
energy components such as towers, inverters, and electrical wiring, to distinguish
exposed energized parts from other parts of electrical equipment, and to determine
the nominal voltage of exposed live parts.”
“SMALL WIND ENERGY FACILITY – A wind energy facility that supplies
power primarily to on-site structures or, in the case of a wind energy facility that
is a principal use on a lot, that supplies power primarily to structures on an
adjacent lot.”
“WIND ENERGY FACILITY -- The structures and associated equipment which
convert wind energy into usable mechanical or electrical energy, including
towers, turbines, guy wires, associated anchors and foundations, mounts,
August 11, 2008
1
connected facilities such as generators, alternators, inverters and batteries, and
other associated equipment.”
Section 2. Chapter 270, Article XXVI of the Town of Ithaca Code, entitled
“Special Regulations,” is amended by adding Section 270-219.4 as follows:
“§ 270-219.4 Small wind energy facilities.
A. Findings. The Town of Ithaca finds that wind is an abundant and
renewable source of energy. The conversion of wind energy into usable
forms of energy will reduce dependence on non-renewable energy sources
such as coal, gas and oil, the use of which not only releases harmful
pollutants into the atmosphere, but also contributes to phenomena such as
global warming/climate change. Furthermore, wind energy facilities also
enhance the reliability of the power grid, reduce peak power demands and
help diversify the state’s energy portfolio and will help to insulate
residents in the Town of Ithaca from increasing energy costs associated
with the depletion of fossil fuels such as coal, gas and oil.
B. Purpose. The purpose of this section is to promote the public safety and
welfare by fostering the small-scale development of the Town of Ithaca’s
wind power resources and by providing standards for the safe provision of
small wind energy facilities.
C. Development Standards. Small wind energy facilities are permitted in all
zoning districts in the Town as accessory structures providing power
primarily to structures on the same lot, and as principal structures
providing power primarily to structures on an adjacent lot, with any excess
power net-metered to the public utility system if the facility is grid-
connected, subject to the following requirements:
(1) Small wind energy facilities are permitted as a matter of right,
except facilities located in or within 500 feet of public parkland, a
natural area (as defined in this chapter), or nature preserves (as
designated by the Town of Ithaca, Cornell Plantations or a land
trust), or within 500 feet of the ordinary high water line of the
Cayuga Lake shoreline, shall be permitted only upon receipt of a
special permit for same by the Planning Board in accordance with
the procedures set forth in this chapter. Notwithstanding the
foregoing, building-mounted small energy facilities shall not
require a special permit, regardless of location in or proximity to
such areas or the Cayuga Lake shoreline.
(2) No small wind energy facility shall exceed 145 feet in height as
measured from the lowest level or portion of the wind energy
facility (slab or base) in contact with the ground surface to the
August 11, 2008
2
highest point of any part of the facility, with moving parts
measured at the highest points of their extension (see Figure 1
below). Building-mounted small wind energy facilities are subject
to the height restrictions in § 270-219.4.E.
Hub
Hub
Turbine blade
Turbine blade
145ft
max.
height
Grade GradeGrade
Horizontal Axis Wind Turbine
Vertical Axis Wind Turbine
Figure 1. Illustration of Maximum Height (Horizontal and Vertical Axis Facilities)
August 11, 2008
3
(3) The fall zone around any ground-mounted tower constructed as
part of a small wind energy facility shall be a circular area around
the tower, the center point of which is marked by the center of the
base of the tower, with a radius at least equal to the facility’s
height plus ten feet. The entire fall zone may not include public
roads, overhead transmission lines, above-ground fuel storage or
pumping facilities, or human-occupied buildings, and must be
located on property owned by the tower owner or for which the
owner has obtained an easement or deed restriction. The minimum
setback between the center of the base of the tower and any
unoccupied buildings or other structures is 15 feet.
(4) No exposed moving part of any small wind energy facility shall, at
the lowest point of its extension, be less than 30 feet above the
ground. Notwithstanding the foregoing, the lowest extension of
any blade or other exposed moving component of a building-
mounted small wind energy facility shall be at least 15 feet above
the ground (at grade level) and in addition at least 15 feet above
any outdoor surfaces intended for human occupancy, such as
balconies or roof gardens, that are located directly below the
facility.
(5) For wind speeds in the range of 0 - 25 miles per hour, the sound
pressure level produced by a small wind energy facility or a
combination of small wind energy facilities shall not exceed 55 dB
(A), measured at any site property line abutting a property owned
by an entity other than the owner of the property on which the
small wind energy facility or facilities are located. The sound
pressure level shall be determined by successively measuring the
sound pressure with the facility or facilities turned on and off and
referring to the accompanying chart (Figure 2). This level,
however, may be exceeded during short-term events such as utility
outages or wind speeds exceeding 25 miles per hour.
(6) The number of wind energy towers per lot shall be limited to 1 for
lots of less than 2 acres in size. For lots of 2 acres or more, 1 wind
energy tower shall be permitted as a matter of right, and 1
additional tower shall be permitted upon receipt of a special permit
for same by the Planning Board in accordance with the procedures
set forth in this chapter. Notwithstanding the foregoing, there is no
limit on the number of building-mounted small wind energy
facilities.
(7) Where small wind power facilities are an accessory use, they shall
be located on the roof, side or other elevated surface of a building,
or in a side or rear yard only.
August 11, 2008
4
(8) The location of a small wind power facility shall meet all
applicable setback and buffer requirements of the zone in which it
is located, but in no event shall the setback from adjacent property
lines be less than 50 feet.
(9) Co-location of equipment or facilities that are not used for wind
power purposes on a wind energy tower is permitted only upon
receipt of a special approval for same from the Board of Appeals in
accordance with the procedures set forth in this chapter. Co-
located solar panels shall also be subject to the provisions of § 270-
219.1 of this chapter. Notwithstanding the foregoing, co-located
telecommunications facilities shall not require special approval
from the Board of Appeals but shall instead be subject to the
requirements of § 270-219 of this chapter.
(10) When required by Chapter 125 of the Town of Ithaca Code
(Building Construction and Fire Prevention), a building permit
must be obtained for the small wind energy facility.
(11) Where site plan approval is required elsewhere in this chapter for a
development or activity, the site plan review shall include review
of the adequacy, location, arrangement, size, design, and general
site compatibility of proposed small wind energy facilities. Where
a site plan exists, an approved modified site plan shall be required
if any of the thresholds specified in § 270-191 of this chapter are
met, including but not limited to proposed changes to or additions
of small wind energy facilities where such changes or additions
meet a § 270-191 threshold.
D. Safety standards.
(1) The small wind energy facility must meet all applicable New York
State Uniform Fire Prevention and Building Code requirements.
(2) All wiring connected with the small wind energy facility shall be
underground, except for:
(a) Wiring that runs from the turbine to the base of the facility;
and
(b) All wiring associated with building-mounted small wind
energy facilities.
(3) The small wind energy facility shall be equipped with an automatic
braking or governing system to prevent uncontrolled rotation,
August 11, 2008
5
overspeeding, and excessive pressure on the tower structure, rotor
blades and other wind energy components.
(4) The small wind energy facility shall not interfere with
electromagnetic communications such as radio, telephone or
television or emergency communication systems.
(5) All small wind energy facilities shall be installed by a qualified
wind energy installer, and prior to operation the electrical
connections and structural integrity must be inspected by the Town
and by the New York Board of Fire Underwriters or other
appropriate electrical and structural inspection person or agency as
determined by the Town.
(6) The small wind energy facility, if connected to a public utility
system for net-metering purposes, shall meet the requirements for
interconnection and operation as set forth in the public utility’s
then-current service regulations applicable to wind power
generation facilities, and the connection shall be inspected by the
appropriate public utility.
(7) To reduce the possibility of night-time bird collisions with any part
of the small wind energy facility, all on-site lighting shall conform
with the Town’s Outdoor Lighting Law, Chapter 173 of the Town
of Ithaca Code.
E. Building-mounted small wind energy facility standards. The following
additional requirements apply to building-mounted small wind energy
facilities only:
(1) The diameter of the building-mounted small wind energy facility,
when measured from the furthest outward extensions of all moving
parts, may not exceed 7 feet.
(2) The height of a building-mounted small wind energy facility
mounted on a roof shall not exceed 15 feet as measured from the
base of the mount (the location at which the mount and exterior
layer of roof meet). The height of all other building-mounted
small wind energy facilities shall not exceed 15 feet above the
highest point of the building’s roof, excluding chimneys, antennae
and other similar protuberances.
(3) If more than one building-mounted small wind energy facility is
installed, a distance equal to the length of the height of the tallest
building-mounted small wind energy facility must be maintained
August 11, 2008
6
between the bases of each building-mounted small wind energy
facility.
(4) A letter or certificate bearing the signature of a certified New York
State professional engineer must be submitted to the Code
Enforcement Officer, indicating that the existing structure onto
which the building-mounted small wind energy facility will be
attached is capable of withstanding the additional load, force,
torque, and vibration imposed by the building-mounted small wind
energy facilities for the foreseeable future; will comply with
seismic and structure provisions set out in state and national
building codes; all related components have been designed in
accordance with generally accepted good engineering practices and
in accordance with generally accepted industry standards; and if
constructed in accordance with the plans the entire facility,
including the building onto which the wind energy facility will be
attached, will be safe, will be in accordance with all applicable
governmental building codes, laws, and regulations, and in
accordance with generally accepted good engineering practices and
industry standards, including without limitation, acceptable
standards for stability, wind and ice loads.
F. Appearance.
(1) No small wind energy facilities shall be used for signage,
promotional or advertising purposes, including but not limited to
company names, phone numbers, banners, streamers, and balloons.
Reasonable identification of the manufacturer or owner of the
small wind energy facility is permitted.
(2) Small wind energy facilities shall be painted or finished with a
non-reflective, unobtrusive color that blends the system and its
components into the surrounding landscape to the greatest extent
possible and shall incorporate non-reflective surfaces to minimize
visual disruption.
(3) No small wind energy facility shall be artificially lighted except to
the extent required by the Federal Aviation Administration or other
applicable authority.
G. Removal.
(1) If a small wind energy facility ceases to perform its originally
intended function for more than 12 consecutive months, the
property owner shall so notify the Town Clerk in writing within 30
days after the end of such 12 month period, and the property owner
August 11, 2008
7
shall remove the tower, rotor, guy wires, and associated equipment
and facilities by no later than 90 days after the end of the 12 month
period.
(2) If the property owner fails to remove the small wind energy facility
within the timeframe described above, the Town Code
Enforcement Officer may issue the property owner a Notice of
Violation directing facility removal within a specified timeframe.
Said Notice of Violation shall further advise that, should the
violator 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.
(3) If removal of the small wind energy facility is not completed to the
satisfaction of the Code 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 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 non-functioning 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 small 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.
August 11, 2008
8
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 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 5 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.
H. In addition to the enforcement processes and penalties provided in this
chapter, any condition caused or permitted to exist in violation of any of
the provisions of this § 270-219.4 is hereby deemed and declared to be a
threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator’s
expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be undertaken by the Town in its sole
discretion.”
Section 3. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of
Ithaca Code, Section 270-11, titled “Permitted principal uses,” is amended by adding
subparagraph G reading as follows:
August 11, 2008
9
“G. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 4. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of
Ithaca Code, Section 270-14, titled “Permitted accessory buildings or uses,” is amended
by adding subparagraph H reading as follows:
“H. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of
Ithaca Code, Section 270-26, titled “Permitted principal uses,” is amended by adding a
new subparagraph N to the end of this section reading as follows:
“N. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 6. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of
Ithaca Code, Section 270-29, titled “Permitted accessory buildings and uses,” is amended
by adding a new subparagraph K to the end of this section reading as follows:
“K. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of
the Town of Ithaca Code, Section 270-41, titled “Permitted principal uses,” is amended
by adding a new subparagraph G to the end of this section reading as follows:
“G. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 8. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of
the Town of Ithaca Code, Section 270-43, titled “Permitted accessory structures and
uses,” is amended by adding a new subparagraph J to the end of this section reading as
follows:
“J. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 9. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones)
of the Town of Ithaca Code, Section 270-54, titled “Permitted principal uses,” is amended
by adding a new subparagraph I to the end of this section reading as follows:
“I. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
August 11, 2008
10
Section 10. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones)
of the Town of Ithaca Code, Section 270-56, titled “Permitted accessory buildings and
uses,” is amended by adding a new subparagraph L to the end of this section reading as
follows:
“L. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 11. Chapter 270 (Zoning), Article IX (Medium Density Residential
Zones) of the Town of Ithaca Code, Section 270-66, titled “Permitted principal uses,” is
amended by adding a new subparagraph G to the end of this section reading as follows:
“G. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 12. Chapter 270 (Zoning), Article IX (Medium Density Residential
Zones) of the Town of Ithaca Code, Section 270-68, titled “Permitted accessory buildings
and uses,” is amended by adding a new subparagraph J to the end of this section reading
as follows:
“J. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 13. Chapter 270 (Zoning), Article X (High Density Residential Zones) of
the Town of Ithaca Code, Section 270-77, titled “Permitted principal uses,” is amended
by adding a new subparagraph G to the end of this section reading as follows:
“G. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 14. Chapter 270 (Zoning), Article X (High Density Residential Zones) of
the Town of Ithaca Code, Section 270-79, titled “Permitted accessory buildings and
uses,” is amended by adding a new subparagraph I to the end of this section reading as
follows:
“I. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 15. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the
Town of Ithaca Code, Section 270-89, titled “Permitted principal uses,” is amended by
adding a new subparagraph G to the end of this section reading as follows:
“G. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
August 11, 2008
11
Section 16. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the
Town of Ithaca Code, Section 270-91, titled “Permitted accessory uses,” is amended by
adding a new subparagraph J to the end of this section reading as follows:
“J. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 17. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the
Town of Ithaca Code, Section 270-100, titled “Permitted principal uses,” is amended by
adding a new subparagraph C to the end of this section reading as follows:
“C. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 18. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the
Town of Ithaca Code, Section 270-101, titled “Permitted accessory buildings and uses,”
is amended by adding a new subparagraph J to the end of this section reading as follows:
“J. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 19. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of
the Town of Ithaca Code, Section 270-114, titled “Permitted accessory uses,” is amended
by adding a new subparagraph H to the end of this section reading as follows:
“H. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 20. Chapter 270 (Zoning), Article XIV (Neighborhood Commercial
Zones) of the Town of Ithaca Code, Section 270-126, titled “Permitted principal uses,” is
amended by adding a new subparagraph F to the end of this section reading as follows:
“F. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 21. Chapter 270 (Zoning), Article XV (Office Park Commercial Zones)
of the Town of Ithaca Code, Section 270-130, titled “Permitted principal uses,” is
amended by adding a new subparagraph F to the end of this section reading as follows:
“F. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 22. Chapter 270 (Zoning), Article XVI (Community Commercial Zones)
of the Town of Ithaca Code, Section 270-134, titled “Permitted principal uses,” is
amended by adding a new subparagraph D to the end of this section reading as follows:
August 11, 2008
12
“D. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 23. Chapter 270 (Zoning), Article XVII (Vehicle Fueling and Repair
Commercial Zones) of the Town of Ithaca Code, Section 270-137, titled “Permitted
principal uses,” is amended by adding a new subparagraph C to the end of this section
reading as follows:
“C. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 24. Chapter 270 (Zoning), Article XVIII (Lakefront Commercial Zones)
of the Town of Ithaca Code, Section 270-140, titled “Permitted principal uses,” is
amended by adding a new subparagraph B to the end of this section reading as follows:
“B. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 25. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the
Town of Ithaca Code, Section 270-144, titled “Permitted principal uses,” is amended by
adding a new subparagraph G to the end of this section reading as follows:
“G. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 26. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the
Town of Ithaca Code, Section 270-146, titled “Permitted accessory buildings and uses,”
is amended by adding a new subparagraph L to the end of this section reading as follows:
“L. Small wind energy facilities, subject to the limitations on small wind
energy facilities set forth in § 270-219.4.”
Section 27. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of
Ithaca Code, Section 270-160, titled “Permitted accessory buildings and uses,” is
amended by adding a new subparagraph L to the end of this section reading as follows:
“L. Small wind energy facilities, subject to the limitations on small wind
facilities set forth in § 270-219.4.”
Section 28. In the event that any portion of this law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
Section 29. This local law shall take effect upon publication of the local law or
an abstract of same in the official newspaper of the Town, or upon its filing with the New
York Secretary of State, whichever is the last to occur.
August 11, 2008
13
Figure 2. Noise Measurements
Sound measured with turbine Small wind energy Maximum allowable
off (ambient noise), dB (A) facility(s) sound limit, dB combined sound, dB (A)
(A) (ambient + generator)
20 55 55
21 55 55
22 55 55
23 55 55
24 55 55
25 55 55
26 55 55
27 55 55
28 55 55
29 55 55
30 55 55
31 55 55
32 55 55
33 55 55
34 55 55
35 55 55
36 55 55
37 55 55
38 55 55
39 55 55
40 55 55
41 55 55
42 55 55
43 55 55
44 55 55
45 55 55
46 55 56
47 55 56
48 55 56
49 55 56
50 55 56
51 55 56
52 55 57
53 55 57
54 55 58
55 55 58
56 55 59
57 55 59
58 55 60
59 55 60
60 55 61
61 55 62
62 55 63
Above 62 55 Ambient + 1 dB (A)
August 11, 2008
14