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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