HomeMy WebLinkAbout06-19-2013307
JUNE 19, 2013 5:00 P.M.
PUBLIC HEARING NO. 1
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND
COMMUNITY REVITALIZATION PROGRAM
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
submitting applications in 2013 to the New York State Office of Community Renewal for funding
under the federal Small Cities Community Development Block Grant Program and the Community
Revitalization Fund Program.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; David
Alexander; Karen Howe; Bernie Thoma from Thoma Development Consultants; Steve Flatt;
Gareth McDonald and Hu Roberts from TCI; Sonya Rocco; Michael Barylski; Denise Knight;
Victor Siegle; Paul Heider; Althea Heider; Randy Young; Chris Bushnell; Bob Beard; Roy
Hurlbert; News Reporters: Sharon Stevans for Channel 2, Access TV, and a News Reporter from
the Cortland Standard,
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to Bernie Thoma.
Bernie Thoma from Thoma Development Consultants explained there were two
applications for funding that the Town could apply for. First, the Town had the opportunity to
apply for additional funds for the Town's Housing Rehabilitation Program. The due date of the
application was not known, however this public hearing would satisfy the requirement.
The second item was a special allocation of Community Development Block Grant funds
that was made available to the Central New York Regional Economic Development Council.
The Cortland County BDC worked with a business in the Town named Innovative
Manufacturing Solutions (IMS) and helped the company get approved for a $100,000 CDBG.
Because the grant is from CDBG funds the money has to come through the municipality, similar
to the grant the Town received in 2012 for Precision Eforming. Mr. Thoma explained that
Thoma Development was notified of the award but the grant application had not been submitted.
The grant application was due Tuesday, June 28, 2013.
Mr. Thoma provided a handout regarding IMS. He explained that the Town would be
applying for a $100,000 grant, of which $90,000 would go to the company to help complete the
financing of a $276,000 project. IMS agreed to create more jobs as a result of the expansion
proj ect.
Supervisor Tupper stated that the grant would just pass through the Town. Mr. Thoma
agreed and stated that IMS would sign an agreement that if they do not meet the requirements of
the grant it would then be repaid the Town.
Supervisor Tupper questioned whether the application for funding was for a grant or a
loan. Mr. Thoma explained that it was a deferred payment loan, however if IMS met their
investment and job goals then it would become a grant.
No further comments or discussions were heard.
The Public Hearing was closed at 5:10 p.m.
3 G ;s� JUNE 19, 2013
5:10 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; David
Alexander; Karen Howe; Bernie Thoma from Thoma Development Consultants; Steve Flatt;
Gareth McDonald and Hu Roberts from TCI; Sonya Rocco; Michael Barylski; Denise Knight;
Victor Siegle; Paul Heider; Althea Heider; Randy Young; Chris Bushnell; Bob Beard; Roy
Hurlbert; News Reporters: Sharon Stevans for Channel 2, Access TV, and a News Reporter from
the Cortland Standard,
Supervisor Tupper called the meeting to order.
Supervisor Tupper moved agenda item I-5 to the beginning of the agenda, which was to
receive and file correspondence regarding the proposed Local Law for Wind Energy Facilities.
Supervisor Tupper explained that comments were accepted until Monday, June 17, 2013. He
read aloud the names of the people who submitted comments to the Town, and mentioned that
one comment was postmarked June 18, 2013 and was not considered. Supervisor Tupper
explained that all of the comments were reviewed and were added to the final product of the
Local Law.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
following correspondence regarding the Local Law for Wind Energy Facilities in the Town of
Cortlandville.
Robert Tobias, 3811 Mulcahy Rd., Cincinnatus, NY 13040, received June 11, 2013
Gary Soshinsky, 4172 Soshinsky Rd., McGraw, NY 13 10 1, dated June 10, 2013
Gregory Soshinsky, 4070 Soshinsky Rd., McGraw, NY 13 10 1, dated June 10, 2013
John Soshinsky, 4040 Soshinsky Rd., McGraw, NY 13 10 1, dated June 10, 2013
Kathleen Duchanne, 9255 N. Magnolia Ave. 273, Santee, CA 92071, dated June 10, 2013
Louis Cranson, 2888 Parks Rd., McGraw, NY 13 10 1, received June 17, 2013
TCI Renewables, Suite 520, 485 McGill St., Montreal, Canada, dated June 4, 2013
Todd Miller, dated June 12, 2013
Michael Niswender, PO Box 505. Little York, NY 13087, dated June 9, 2013
Leon McUmber, 4382 Lapp Rd., McGraw, NY 13 10 1, dated June 10, 2013
Alison B. King, LLC, dated June 5, 2013
All voting aye, the motion was carried.
Supervisor Tupper referred to Attorney Folmer with regard to adoption of the proposed
Local Law for Wind Energy Facilities.
Attorney Folmer explained that there were several procedural things to be done before a
motion could be made to adopt the proposed Local Law. The first item had to do with the
Cortland County Planning Board. Attorney Folmer recalled that the County Planning Board
reviewed the proposed ordinance and submitted recommendations to the Town. The County
Planning Board recommended the Town Board adopt the ordinance with 10 conditions. The
Wind Turbine Committee that was appointed by the Town Board indicated that 8 of the 10
conditions were included or appropriately dealt with in the proposed local law. However,
condition #3 was rejected by the Committee. Condition #3 provided the ability to apply for a
variance or a waiver of the site distances if it could be demonstrated that it's unlikely to be an
area of future residential construction. The Committee found that to open the door to a
speculation as to future use of property would be inappropriate, and therefore did not recommend
the Board adopt that particular recommendation. Attorney Folmer suggested a motion be made
to approve all of the recommendations of the County Planning Board with the exception of
condition #3.
Supervisor Tupper indicated that a super majority vote was needed. Attorney Folmer
agreed and explained that a super majority vote was needed because the Board was not acting in
accordance with the County's recommendations. He also asked that a roll call vote be taken.
1
1
1
3b1
JUNE 19, 2013 TOWN BOARD MEETING PAGE 2
RESOLUTION #122 APPROVE CONDITIONS FROM THE CORTLAND COUNTY
PLANNING BOARD REGARDING THE TOWN OF
CORTLANDVILLE'S PROPOSED LOCAL LAW FOR WIND
ENERGY FACILITIES WITH THE REJECTION OF
CONDITION #3
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, the Town Board submitted the proposed Local Law for Wind Energy Facilities to
the Cortland County Planning Board for review and recommendations, and
WHEREAS, the Cortland County Planning Board reviewed the proposed Local Law and
returned 10 recommendations to the Town as Resolution No. 13-01, dated January 16, 2013, and
WHEREAS, the Town's Wind Turbine Committee indicated that 9 of the 10 conditions were
included or appropriately dealt with in the proposed Local Law, and
WHEREAS, the Town Board has and rejected the Cortland County Planning Board's condition
#3, which read "that the Town require a minimum setback equal to the setback requirement from
a residence for Wind Energy Conversion Systems from all site boundary lines which may be
reduced if it can be demonstrated by the applicant that due to the topography, existing land use,
or distance from a public road of a site, it is unlikely to be an area of future residential
construction", therefore
BE IT RESOLVED, the Town Board does hereby approve the conditions from the Cortland
County Planning Board, Resolution No. 13-01, dated January 16, 2013, regarding the Town of
Cortlandville's proposed Local Law for Wind Energy Facilities, with the rejection of condition
#3.
Attorney Folmer gave some background information about the process surrounding the
proposed Local Law. He explained that approximately two years ago the Town Board decided it
wanted a regulation written that would permit the location of a wind tower facility within the
Town if it could be done in a reasonable safe and responsible basis. The Board appointed a
committee consisting of Councilman Proud, Councilman Rocco and Attorney Folmer. The
Committee had a series of meetings both with the engineers, with members of the Town Board,
among themselves, and among interested community members who were involved in the
development of the proposal. They also heard from the public in a public hearing, and provided
over a month in.time for people to make comments, both written and oral. During that period of
time numerous oral comments were received, and over 50 pages of written comments were
received; all of which were reviewed and discussed by the Committee.
Attorney Folmer stated that it was a long, hard, and difficult job to do. Councilman
Proud and Councilman Rocco had different perspectives, however the longer it was discussed the
more they were able to come together and agree on a reasonable proposal. Attorney Folmer
stated that the Committee had excellent help from Victor Siegle and Michael Barylski and from a
lot of other sources. Attorney Folmer presented the scientific materials that were reviewed and
taken into consideration as the Committee put the proposed ordinance together, and asked that
the materials be received and filed.
Councilman Rocco mentioned that additional scientific materials would eventually be
added to what Attorney Folmer presented, to which Attorney Folmer agreed.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the scientific materials used in drafting the Town of Cortlandville's Local Law for Wind Energy
Facilities. All voting aye, the motion was carried.
316 JUNE 19, 2013 TOWN BOARD MEETING PAGE 3
Attorney Folmer indicated that Town Clerk Snyder was asked to make copies of the
materials so there would be one set for permanent retention, one for Attorney Folmer, and one
for public review.
Attorney Folmer apprised the Board he also had a document which indicated by name the
person who submitted written comments and the result of the Committee's discussion. He
explained that in some of the instances the Committee decided that the particular concern had
already been handled in the Local Law; decided that some were not going to be changed; and
some were changed and included in the text of the final proposed Local Law. Attorney Folmer
thanked those people who made comments for not waiting to submit their comments until five
minutes before the deadline date of 12:00 p.m. June 17, 2013. The earlier submissions gave the
Committee time to review the comments in detail and to deal with each and every one. Attorney
Folmer requested the Board receive and file the Committee's comment review.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Public Hearing Comments Review, dated June 17, 2013, regarding the
comments reviewed for the Town of Cortlandville's proposed Local Law for Wind Energy
Facilities. All voting aye, the motion was carried.
Attorney Folmer stated that the next item to accomplish was the SEQRA review of the
proposed Local Law. He explained that SEQRA review process was not really designed for the
enactment of a local law because if the local law was adopted and nothing else happened,
nothing affecting the environment would take place. Attorney Folmer explained that only when
an application is made under the terms of the ordinance that the environmental concerns become
apparent. The majority of the questions that the Committee reviewed in the Full EAF, they
hoped and recommended, would be answered in the negative because the adoption of the Local
Law does not accomplish any negative affect for the environment. Attorney Folmer stated that
the Board would go through the basic categories to make sure the Committee's recommendations
are understood by the Board. Attorney Folmer also asked the Board to keep in mind that the
Committee spent a great deal of time and effort to be certain that their work was aimed at
providing an ordinance that they felt was appropriate for any wind farm that wanted to snake an
application. They were careful not to deal with any particular group, entity or individual.
Attorney Folmer and the Board reviewed and completed the SEQRA Full Environmental
Assessment Form. The Board answered "No" to all questions with the exception of the last
question, "Is there, or is there likely to be public controversy related to potential adverse
environmental impacts?" Attorney Folmer read aloud the following answer, which the Board did
not object to.
"At the outset, there were differing opinions as to whether the proper course of action
was a Ban on construction of wind facilities in the Town, or enactment of a regulation for
such construction. This difference of opinion was effectively resolved by the Town
Board directing its Committee to draft a Local Law regulating these facilities. Since then
there has not been significant controversy relative to the necessity of a Local Law, but
there have been various and differing opinions expressed concerning its content. The
Board has received innumerable verbal comments concerning the Local Law and has
received over 50 pages of written comments, each of which has been reviewed and
evaluated by the Committee and several suggested changes have been incorporated in the
final version."
.Councilman Rocco clarified that if an application was made for a wind energy facility the
answers to the SEQRA questions that the Board just reviewed would have to be addressed in a
different manner. Attorney Folmer agreed and stated that the answers to the SEQRA Full EAF
had nothing to do with any individual project, but merely the enactment of the Local Law itself.
311
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 4
RESOLUTION #123
DECLARE NEGATIVE IMPACT FOR LOCAL LAW NO. 1 OF
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form for Local Law No. 1 of 2013, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law No.
of 2013 shall have no significant environmental impact.
At this point, Attorney Folmer stated that the Board was prepared to adopt Local Law
No. 1 of 2013 which would amend the Zoning Code of the Town of Cortlandville to add to the
code article XIX-A titled Wind Energy Facilities.
Councilman Rocco stated that the process took over 2 %2 years and that he appreciated the
hard work of the Committee and all those who participated, especially all those people who made
comments whether they were in writing, over the telephone, or out in public. He stated that the
Committee spent a lot of time reviewing the comments and pulled a lot of information from
them. All of the comments were considered, argued about, and discussed. Councilman Rocco
mentioned that many people who made comments were not from the Town of Cortlandville,
which he thought should be recognized since a local law such as this affects the entire county.
Councilman Proud concurred with Councilman Rocco's comments and sentiments.
On behalf of the entire Board, Supervisor Tupper thanked Councilman Rocco,
Councilman Proud and Attorney Folmer for their efforts over the past 2 1/2 years. He stated that
it would have been cumbersome for the entire Board to try to do the same. He stated that they
appreciated the Committees hard work, expertise, and applauded them for what they have done.
RESOLUTION #124 ADOPT LOCAL LAW NO. 1 OF 2013WIND ENERGY
FACILITIES
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
for Wind Energy Facilities in the Town of Cortlandville, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form for Local Law No. 1 of 2013, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
3/c-�- JUNE 19, 2013 TOWN BOARD MEETING PAGE 5
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 1 of 2013, Wind Energy Facilities, amending the Town of Cortlandville's
Zoning Code to add Article XIX-A, a copy of which is attached hereto and made a part hereof,
and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the
Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said
Local Law to the Secretary of State.
Be it hereby enacted by the Town Board of the Town of Cortlandville as follows:
Section 1: Local Law No. 1 of 2013, entitled "WIND ENERGY FACILITIES," is hereby
adopted to read in its entirety as follows:
Article I
WIND ENERGY FACILITIES
§1 Title.
This Local Law may be cited as the "Wind Energy Facility Law of the Town of Cortlandville,
New York."
§2 Purpose.
The Town Board of the Town of Cortlandville adopts this Local Law to promote the effective
and efficient use of the Town's wind energy resource through Wind Energy Conversion Systems
(WECS), and to regulate the placement of such systems so that the public health, safety, and
welfare will not be jeopardized.
§3 Authority.
The Town Board of the Town of Cortlandville enacts this Local Law under the authority granted
by:
A. Article IX of the New York State Constitution, §2(c)(6) and (10).
B. New York Statute of Local Governments, § 10(1) and (7).
C. New York Municipal Home Rule Law, § 10 (1)(I) and (ii) and §10 (1)(a)(6), (11), (12), and
(14).
D. New York Town Law § 130(1)(Building Code), (3)(Electrical Code), (5)(Fire Prevention),
(7)(Use of streets and highways), (7-a)(Location of Driveways), (11)(Peace, good order and
safety), (15)(Promotion of public welfare), (15-a)(Excavated Lands), (16)(Unsafe buildings),
(19)(Trespass), and (25) Building lines).
E. New York Town Law § 135 and 138.
F. New York Town Law §64(17-a) protection of aesthetic interests), (23)(General powers).
§4 Findings.
The Town Board of the Town of Cortlandville finds and declares that:
A. Wind energy is an abundant and renewable energy resource of the Town and its conversion to
electricity may reduce dependence on nonrenewable energy sources and decrease the air and
water pollution that results from the use of conventional energy sources.
B. The generation of electricity from properly sited wind turbines, including small systems, can
be cost effective, and existing power distribution systems can be used to transmit electricity
produced.
313
JUKE 19, 2013 TOWN BOARD MEETING PAGE 6
C. Regulations of the siting and installation of wind turbines are necessary for the purpose of
protecting the health, safety, and welfare of participating and non -participating neighboring
property owners and the general public.
D. If not properly sited, Wind Energy Facilities can represent significant potential aesthetic
impacts because of their large size, lighting, and shadow flicker effects.
E. If not properly regulated, installation of Wind Energy Facilities can create drainage problems
through erosion and lack of sediment control for facility and access road sites, and harm
farmlands through improper construction methods
F. If not properly sited, Wind Energy Facilities may present an undue risk to bird, bat and other
wildlife populations.
G. If not properly sited, Wind Energy Facilities could conceivably present the risk of diminution
of property values of non -participating or adjoining properties.
H. Wind Energy Facilities may be significant sources of noise, shadow flicker and vibrations,
which can negatively impact the health of non -participating or adjoining property residents.
I. Without proper planning, regulation, and construction of Wind Energy Facilities can create
traffic problems and damage local roads.
J. If improperly sited, Wind Energy Facilities can cause electromagnetic interference issues with
various types of communications.
K. The installation of Wind Energy Facilities may affect ground water supplies.
L. Distance of setbacks should take into consideration the potential hazards of ice throws, blade
breakage, and tower collapse
M. Wind Energy Facilities may have an effect on future sub -divisions, commercial, residential,
or any other development.
§5 Permits Required; Transfer; Modification.
A. A wind energy permit is required for any Wind Energy Facility constructed in the Town
of Cortlandville.
B. All construction and any restoration or modifications of any Wind Energy Facility,
WECS, Small Wind Energy Conversion System, Wind Measurement Tower or part
thereof that is located in agricultural areas will be done to the maximum extent
practicable according to the New York State Dept. of Agriculture and Market Guidelines
for Agricultural Mitigation for Wind Power Projects, subject to landowner approval.
Local zoning laws shall govern the placement of each WEF.
C. No Wind Measurement Tower greater than 18 feet high shall be constructed,
reconstructed, modified, or operated in the Town of Cortlandville except pursuant to a
Wind Energy Permit issued pursuant to this local law. No permit shall be issued for such
construction, reconstruction, modification or operation except in those areas zoned
Agricultural.
D. No Small Wind Energy Conversion System shall be constructed, reconstructed, modified,
or operated in the Town of Cortlandville except pursuant to a Wind Energy Permit issued
pursuant to this local law. This law shall not govern small Wind Energy Conversion
Systems constructed prior to the effective date of this local law unless they are
reconstructed or modified.
31J
DUNE 19, 2013 TOWN BOARD MEETING PAGE 7
E. Exemptions. No permit or other approval shall be required under this Local Law for
mechanical non -electrical WECS utilized solely for agricultural operations, provided the
Town Board finds such proposed system or structure exempt or otherwise issues a waiver
pursuant to provisions of Article V hereof. In considering an exemption, the Town Board
shall find that the proposed location and height of such structure/system does not
adversely affect the public health, safety and welfare of the adjoining parcels and
property owners.
F. Transfer. No transfer of any Wind Energy Facility, Wind Energy Permit or sale of the
entity holding the permit for such facility or the sale of more than 15% of the stock of
said Permitted (not counting sales of shares on a public exchange), to a third party, will
occur without prior approval of the Town. Said approval shall be granted only upon the
Town Board finding that the Transferee has provided a written assumption of all the
Transferor obligations under this Local Law of the Wind Energy Permit, including but
not limited to the Host Agreement, Pilot Agreement, Cash Deposits and such other
agreements relative to the Wind Energy Facility, in a form acceptable to the Town
Attorney. No transfer shall reduce the Permitee or any other party's total obligations
owed to the Town under this Local Law, except in the manner as provided herein.
G. Notwithstanding the requirements of this Section, replacement in kind of a Wind Energy
Facility requires Town Board approval. Due to technology changes, the possible reasons
for all WEF replacements require full review under this ordinance.
§6 Definitions.
As used in this Local Law, the following terms shall have the meanings indicated:
AMBIENT SOUND — Ambient sound encompasses all sound present in a given environment,
being usually a composite of sounds from many sources near and far. It includes intermittent
noise events, such as, from aircraft flying over, dogs barking, wind gusts, mobile farm or
construction machinery, and the occasional vehicle traveling along a nearby road. The ambient
also includes insect and other nearby sounds from birds and animals or people. The near -by and
transient events are part of the ambient sound environment but are not to be considered part of
the long-term background sound.
ANSI — refers to or means the AMERICAN NATIONAL STANDARDS INSTITUTE.
APPLICANT — The person or entity filing an application and seeking license under this local
law.
BACKGROUND SOUND — Background Sounds are those heard during lulls in the Ambient
Sound environment and represent the quietest 10% of the time, for example the quietest six
minutes during a sixty -minute interval
dBA — A -Weighted Sound Pressure Level. A measure of over-all sound pressure level designed
to reflect the response of the human ear, which does not respond equally to all frequencies. It is
used to describe sound in a manner representative of the human ear's response. It reduces the
effects of the low frequencies with respect to the frequencies centered around 1000 Hz. The
resultant sound level is said to be "Weighted" and the units are "dBA". Sound level meters have
an A -weighting network for measuring A -weighted sound levels (dBA) meeting the
characteristics and weighting specified in ANSI Specifications for Integrating Averaging Sound
Level Meters, 51.43-1997 for Type 1 instruments and be capable of accurate readings
(corrections for internal noise and microphone response permitted) at 20 dBA or lower. In this
law dBA means LAeq unless specified other wise.
dBC — C-Weighted Sound Pressure Level. Similar in concept to the A -Weighted sound Level
(dBA) but C-weighting does not de-emphasize the frequencies below lk Hz as A -weighting
does. It is used for measurements that must include the contribution of low frequencies in a
single number representing the entire frequency spectrum. Sound level meters have a C-
weighting network for measuring C-weighted sound levels (dBC) meeting the characteristics and
weighting specified in ANSI SI.43-1997 Specifications for Integrating Averaging Sound Level
Meters for Type 1 instruments. In this law dBC means L unless specified other wise.
{28770/23890/SKP/00335758.DOC} 5
31�
JUNE 19, 2013 TOWN BOARD MEETING PAGE 8
DECIBEL (dB): Means a standard unit for measuring the sound pressure level. It is equal to 20
times the logarithm to the base 10 of the ratio of the pressure of the sound measured to a
reference pressure, which is 20 micropascals.
EAF - Environmental Assessment Form used in the implementation of the SEQRA as that term
is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
NON -PARTICIPANT — Any and all Cortlandville landowners having no contractual relationship
with a wind developer.
PARTICIPANT — Any and all Cortlandville landowners having any contractual relationship with
a wind developer.
QUALIFIED ACOUSTICAL CONSULTANT — A person with demonstrated competence in the
specialty of community noise testing and evaluation who is contracted by the Town for purposes
of noise measurement or evaluation of noise analysis or noise complaints. An example is a
person with full membership in the Institute of Noise Control Engineers (INCE) or other
specialist who is qualified by education and experience in acoustics and regularly engaged in
community noise testing. While such a consultant is preferably also a licensed professional
engineer, such licensure does not by itself establish qualification for community noise testing or
analysis without further qualification. The Qualified Independent Acoustical Consultant can have
no financial relationship with the Wind Energy Facility developer or related entity.
RESIDENCE - means any building suitable for habitation existing in the Town of Cortlandville
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, hotels, hospitals,
motels, dormitories, sanitariums, nursing homes, schools or other buildings used for educational
purposes, or correctional institutions.
ROTOR DIAMETER — The diameter of the largest swept area of a rotating turbine blade.
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.
SETBACKS — a distance measured from the centerline of the road right-of-way, property lines,
village limits, edge of wetlands, or closest point of non -participating property line to the base of
the turbine or measurement tower.
SHADOW FLICKER — the visual effect of viewing the moving shadow of the Wind Energy
Conversion System (WECS) rotor blades when they are in a position between the receptor
(person viewing them) and the sun and/or the "strobe" lighting effect of this condition as
perceived by the receptor whether directly or indirectly (as in a reflection off a light colored
wall).
SITE - The parcel(s) of land where a Wind Energy Facility is to be placed. The Site can be
publicly or privately owned by an individual or a group of individuals controlling single or
adjacent properties. Where multiple contiguous lots are in the same ownership, the combined lots
shall be considered as one for purposes of applying setback requirements. Any property, which
has a Wind Energy Facility or has entered an agreement for said Facility or a setback agreement
should not be considered off -site.
SMALL WIND ENERGY CONVERSION SYSTEM ("Small WECS")-- A wind energy
conversion system that consists of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than 10 kW and which is intended to
primarily reduce consumption of utility power at that location.
SOUND LEVEL - also referred to as Noise Level, means the sound pressure level (SPL)
obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C
as specified in American National Standards Institute specifications of sound level meters (ANSI
SIA-1971, or the latest approved revision thereof). The unit of measurement is the decibel. If the
frequency weighting employed is not indicated, the A -weighting shall apply.
JUNE 19, 2013 TOWN BOARD MEETING PAGE 9
SOUND PRESSURE LEVEL -- means the level which is equaled or exceeded a stated
percentage of time. An L10 - 50 dBA indicates that in any hour of the day 50 dBA can be
equaled or exceeded only 10% of the time, or for 6 minutes in an hour. The measurement of the
sound pressure level can be done according to the International Standard for Acoustic Noise
Measurement Techniques for Wind Generators (IEC 6 1400-1 1), or other accepted procedures,
utilizing the most current method applicable to wind turbines as determined by either the Town
of Cortlandville Town Engineer, or by the Town of Cortlandville Qualified Independent
Acoustical Consultant
TOTAL HEIGHT-- The height of the tower to the furthest vertical extension of the WECS. This
is to be measured from pre-existing original grade.
TOWER HEIGHT — The height of the tower from the finished ground elevation at the tower
base to the center of the hub forming the attachment point for turbine blades.
WIND ENERGY CONVERSION SYSTEM (WECS) - A machine that converts the kinetic
energy in the wind into a usable form (commonly known as a wind turbine or windmill), and is
intended for commercial use, as opposed to the small WECS
WIND ENERGY FACILITY (WEF) -- Any Wind Energy Conversion System, Small Wind
Energy Conversion System or Wind Measurement Tower, including all related infrastructure,
electrical lines and substations, access roads and accessory structures to such systems.
WIND MEASUREMENT TOWER - A tower used for the measurement of meteorological data
such as temperature, wind speed and wind direction.
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.
YEAR - As used in this Local Law, a year shall be measured from the date of permit issue.
§7 Applicability.
A. The requirements of this Local Law shall apply to all Wind Energy Facilities proposed, operated,
modified, or constructed after the effective date of this Local Law, including any wind Energy
Facility applied for, but not yet approved, prior to the date of this local law.
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. Any such preexisting Wind Energy Facility, which does not provide energy for a
continuous period of twelve (12) months, shall meet the requirements of this Local Law
prior to recommencing production of energy.
2. No modification or alteration to a preexisting Wind Energy Facility shall be allowed
without full compliance with this Local Law.
3. Any Wind Measurement Tower greater than18 feet high existing on the effective date of
this Local Law shall be removed no later than twenty-four (24) months after said
effective date, unless a Wind Energy Permit for a Wind Energy Facility is obtained.
§ 8-9 Reserved for Future Use
Article II
Wind Energy Conversion Systems
§10 Applications for Wind Energy Permits for Wind Energy Conversion Systems.
1
1
1
An application for a Wind Energy Permit for individual Wind Energy Conversion System shall
include the following:
317
JUKE 19, 2013 TOWN BOARD MEETING PAGE 10
A. Name, address, telephone number of the Applicant. If the Applicant is represented by an
agent, the application shall include the name, physical address and telephone number of the
agent as well as an original signature of the Applicant authorizing the representation.
B. Name, address, telephone number of the property owner. If the property owner is not the
Applicant, the application shall include a letter or other written permission signed by the
property owner (I) confirming that the property owner is familiar with the proposed
applications and (ii) authorizing the submission of the application.
C. Address, or other property identification, of each proposed tower location, including Tax
Map section, block and lot number, and coordinates.
D. A description of the project, including the number and maximum rated capacity (i.e. 1MW,
1.5MW, etc.) of each Wind Energy Conversion System.
E. A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly
describe the following:
a. Property lines and physical dimensions of the Site;
b. Location, approximate dimensions and types of major existing structures and uses on
the Site, public roads, and properties within five hundred (500) feet of the boundaries of
the proposed Wind Energy Conversion System site.
c. Location and elevation of each proposed WECS identified by specific I.D. #, to be
assigned by the Town
d. Location of all above ground utility lines, transformers, power lines, interconnection
point with transmission lines and other ancillary facilities or structures on the Site or
within 1,500 feet of the Wind Energy Conversion System.
e. Location and size of structures above 35 feet within a 1,500-foot radius of a proposed
WECS. For purposes of this requirement, electrical transmission and distribution lines,
antennas and slender or open lattice towers are not considered structures.
f. To demonstrate compliance with the setback requirements of this Article, circles drawn
around each proposed tower location equal to:
i. Two times the Total Height.
ii. Five times the Total Height of the proposed WECS.
iii. 3,280 feet (1,000 meters).
g. Location of all structures with residences on the Site
h. Location of all structures with residences within 3,280 feet of the proposed WECS.
i. All proposed facilities, including access roads, electrical lines, substations, storage or
maintenance units, and fencing.
j. The names and addresses of all property owners within a one mile radius of each
WECS, together with evidence of the current use of all such property.
F. Vertical drawings of the Wind Energy Conversion System showing Total Height, turbine
dimensions, tower and turbine colors, ladders, distance between ground and lowest point of
any blade, location of climbing pegs, and access doors. One drawing must be submitted for
each Wind Energy Conversion System of the same type and total height.
G. Landscaping Plan to scale depicting existing vegetation and describing any areas to be
cleared and the species proposed to be added, identified by species and size of species at
installation and their locations.
H. Lighting Plan showing any FAA -required lighting and other proposed lighting. The
application should include a copy of the certification by the Federal Aviation Administration
to establish required markings and/or lights for the structure, but if such determination is not
available at the time of the application, the Wind Energy Permit shall require the
determination be provided prior to commencement of construction of the WECS.
I. Decommissioning Plan: The Applicant shall submit a decommissioning plan, which shall
include: 1) the anticipated life of the WECS; 2) the estimated decommissioning costs in
current dollars; 3) how said estimate was determined; 4) ensuring that funds will be available
for decommissioning and restoration consistent with Section §17 C; 5) acknowledgment that
the decommissioning costs shall be re -estimated, by a licensed engineer, every three years,
and that the decommissioning cost will be kept current indexed to inflation; 6) the manner in
which the WECS will be decommissioned and the Site restored, which shall include removal
of all structures and debris to a depth of 4 feet, restoration of the soil, and restoration of
3i s< JUNE 19, 2013
TOWN BOARD MEETING
PAGE 11
vegetation (consistent and in substantial compliance with pre-existing conditions and with
surrounding vegetation), except any fencing or residual minor improvements requested by
the landowner and approved by the Planning Board.
J. Complaint Resolution: The application will include a statement that the operator will adhere to
the Cortlandville complaint resolution process.
K. An application shall include information relating to the construction/installation of the wind
energy conversion facility as follows:
a. A construction schedule describing commencement and completion dates
b. Blasting schedule if known at the time of application
c. A description of the routes to be used by construction and delivery vehicles, the
gross weights and heights of those loaded vehicles.
L. Completed Part I of the Full Environmental Assessment Form (FEAF).
M. Applications for Wind Energy Permits for Wind Measurement Towers subject to this Local
Law may be jointly submitted with the WECS application.
N. For each proposed WECS, include make, model, photograph and manufacturers
specifications, including noise decibel data and wind speed specifications. Include
Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all
materials used in the operation of all equipment including, but not limited to, all lubricants
and coolants.
O. If the Applicant agrees in writing in the application that the proposed WECS may have a
significant adverse impact on the environment, the Lead Agency may issue a positive
declaration of environmental significance or if a positive declaration of environmental
significance is determined by the SEQRA lead agency, the following information shall be
included in the Draft Environmental Impact Statement (DEIS) prepared for a Wind Energy
Facility. In either case, the following studies shall be submitted:
(a) Shadow Flicker: The applicant shall conduct a study on potential shadow flicker. The
study shall accurately identify locations where shadow flicker may be caused by the
WECSs and the expected durations of the flicker at these locations. The study shall
identify areas where shadow flicker may interfere with residences or highways and detail
measures that will be taken to mitigate or eliminate such interference.
(b) Visual Impact: Applications shall include a visual impact study of the proposed WECS as
installed, which shall include a computerized photographic simulation, demonstrating any
visual impacts from strategic vantage points. Color photographs of each proposed Site
from at least two locations accurately depicting the existing conditions shall be included.
The visual analysis shall also indicate the color treatment of the system's components and
any visual screening incorporated into the project that is intended to lessen the system's
visual prominence.
(c) Fire Protection/Emergency Response Plan: A fire protection and emergency response
plan, created in consultation with the fire department(s) having jurisdiction over the
proposed Wind Energy Facility to address coordination with local emergency/fire
protection providers during any construction or operation phase emergency, hazard or
other event.
(d) Noise Analysis: A noise analysis by a competent acoustical consultant selected by the
Town of Cortlandville documenting the estimated noise levels associated with each
proposed WECS. The study shall document worst -case estimated noise levels at property
lines and at the nearest residence not on the Site (if access to the nearest residence is not
available, the Cortlandville Planning Board may modify this requirement). The noise
analysis shall be performed according to the International Standard For Acoustic Noise
Measurement Techniques For Wind Generators (IEC 61400-11), or other procedure
accepted by the Town Planning Board, and shall include both a dBA analysis and dBC
analysis. Worst -case noise impact will be estimated at night under stable wind conditions
where minimal wind occurs at ground level, but turbines are operating. It shall also
include a report prepared by a qualified professional that analyzes the preexisting
background noise levels. The report shall describe the project's proposed noise -control
features.
1
1
1
31�
JUKE 19, 2013 TOWN BOARD MEETING PAGE 12
(e) Property Value Analysis: Property value analysis prepared by a licensed appraiser and
approved by the Cortlandville Planning Board in accordance with industry standards,
regarding the potential impact of the project on values of properties in the Town of
Cortlandville. The application must include the Real Estate Property Value Assurance
Plan (REPVAP) as outlined in §27 of this Local Law.
(f) Electromagnetic Interference: An assessment of potential electromagnetic interference
with microwave, radio, television, satellite systems, personal communication systems,
heart pacemakers, and other wireless communication, weather and other radar shall be
prepared.
(g) Transportation Impacts: An analysis of impacts on local transportation shall be prepared,
regarding impacts anticipated during construction, reconstruction, modification, or
operation of each WECS. Transportation impacts to be considered shall include, at a
minimum, potential damage to local road surfaces, road beds and associated structures;
potential traffic tie-ups by haulers of WECS' materials; impacts on school bus routes;
impacts of visitors to the WECS' facilities. Local roads shall include all state highways,
county highways, town highways, and village streets and highways, which will be or may
be used by the applicant.
(h) Transportation Plan: A transportation plan describing routes to be used in delivery of
project components, equipment and building materials, and those to be used to provide
access to the Site during and after construction. Such plan shall also describe any
anticipated improvements to existing roads, bridges or other infrastructure, and measures
to restore damaged/disturbed access routes following construction. Roads shall include
all state highways, county highways, town highways, and village streets and highways,
which will be or may be used by the applicant.
(i) Environmental Impacts: An analysis of impacts on local ground water resources shall be
prepared, regarding impacts anticipated during construction, reconstruction, modification
or operation of each WECS. An assessment of potential immediate and long-term
impacts to local flora and fauna, micro and macro habitats, and ground and surface water
related, but not limited to, excavation, blasting, clear -cutting and grading during the Site
preparation phase. A geotechnical report shall include: soils engineering and engineering
geologic characteristics of the Site based on Site sampling and testing, a depth -to -bedrock
profile within one (1) mile of the Site, information on depth of well, average flow rate,
and with permission by owner, test of water quality for all wells within 500 feet of the
Site, grading criteria for ground preparation, cuts and fills, soil compaction, and a slope
stability analysis.
(j) Cultural, Historical and Archeological Resources Plan: An analysis of impacts on
cultural, historical and archeological resources shall be prepared, regarding impacts
anticipated during construction, reconstruction, modification or operation of each WECS.
This assessment shall be conducted in accordance with the New York State Office of
Parks, recreation and Historic Preservation.
(k) Wildlife Impacts: An analysis of impacts on local wildlife shall be prepared, regarding
impacts anticipated during construction, reconstruction, modification, or operation of
each WECS. Wildlife impacts to be considered shall include, at a minimum, anticipated
impacts on flying creatures (birds, bats, insects), as well as wild creatures existing at
ground level. An assessment of the impact of the proposed development on the local flora
and fauna will include migratory and resident avian species, bat species. The scope of
such assessment shall be developed in consultation with the New York State Department
of Environmental Conservation and the United States Fish and Wildlife Service and must
at a minimum consist of pre -construction data of three years, and literature survey for
threatened and endangered species that provide relevant information on critical flyways,
and shall describe the potential impacts of any proposed facilities on bird and bat species,
and an avoidance or mitigation plan to address any impacts, as well as plans for three-
year post -installation studies.
(1) Operation and Maintenance Plan: An operation and maintenance plan providing for
regular periodic Wind Energy Facility schedules, any special maintenance requirements
and procedures and notification requirements for restarts during icing events.
gab
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 13
(m) Blade Throw and Ice Throw Report: A report from a New York State professional
engineer that calculates the maximum distance that ice from the turbine blades and pieces
of turbine blade may be thrown. (The basis of the calculation and all assumptions must be
disclosed.) The incidence of reported ice and blade throws and the conditions at the time
of the ice and blade throw must be included.
(n) Stray Voltage Report: An assessment, pre- and post -installation, of possible stray voltage
impacts on the Site and neighboring properties within one (1) mile of the project
boundary to show what properties need upgraded wiring and grounding.
(o) An analysis of the impact of vibration on structures from the WECS on adjacent,
adjoining or non -participating properties.
P. The applicant shall, prior to approval of this project by the Cortlandville Planning Board,
provide proof that it has executed an Interconnection Agreement with the New York
Independent System Operator and the applicable Transmission Owner. Applicant shall also
provide proof of complying with Public Service Commission power purchase requirements.
Q. A statement, signed under penalties of perjury that the information contained in the
application is true and accurate.
R. Proof of continuous liability insurance in the amount of $5,000,000 per occurrence with a
total policy minimum of $20,000,000 per year. This shall be submitted to the Town of
Cortlandville indicating coverage for potential damages or injury to landowners.
S. Disclosure of Financial Interests. For any financial interest held by a Municipal Officer or his
or her relative in any wind development company or its assets within ten years prior to the
date of an application for a permit under this local law, the Applicant shall disclose in a
separate section of the application the Municipal Officer or his or her relative, the addresses
of all persons included in the disclosure, and the nature and scope of the financial interest of
each person. The disclosure shall include all such instances of financial interest of which the
Applicant has knowledge, or through the exercise of reasonable diligence should be able to
have knowledge, and the format of the submission shall be subject to the approval of the
Town Board.
T. An accurate twelve-month survey of wind speed data obtained from an independently
installed wind measurement tower and certified by NYSERDA to determine if it meets the
minimum wind speed criteria in NYS for efficient wind power production.
U. Copies of all applications and proposed plans shall be made available to the public within
seven days of receipt by the Cortlandville Planning Board and placed in the Town Clerk's
office and placed on the Town of Cortlandville web site by the Town Clerk.
§11 Application Review Process.
A. Applicants may request a pre -application meeting with the Planning Board or with any
consultants retained by the Planning Board for application review. Meetings with the
Planning Board shall be conducted in accordance with the Open Meetings Law.
B. Ten copies of the application shall be submitted to the Town Clerk. Payment of all
application fees shall be made at the time of application submission. If any waiver of any
provision of this Article is requested then an application for a waiver and fee shall be
submitted, together with the application for a WECS. The waiver application shall comply
with Article V and provide in detail the requirement that is being requested to be waived and
address the factors in Article V. All waiver requests shall be publicly noticed and shall be
heard and may be considered with, prior to or concurrently with the Application for a Wind
Energy Permit. Applicant may submit a combined application for WECS and associated
WEF
C. Town Clerk shall forward notice of the Application to the Planning Board. The Planning
Board shall designate a Consultant to review the Application and direct the Clerk to forward
a copy of the application to the Consultant. The Consultant shall, within 45 days of receipt
review the application to determine if all information required under this local law has been
1
Sal
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 14
provided. With the written consent of the Planning Board, this period may be extended no
more than an additional 90 days. If the application is found not to comply the Consultant
shall provide the Planning Board a written statement detailing the missing information.
D. If the application is incomplete, the Planning Board shall provide the Applicant with a
written statement listing the missing information. No refund of application fees shall be
made, but no additional application fee shall be required upon submittal of the additional
information unless the number of WECS proposed is increased or the application is
substantially changed, for the purpose of this provision adding additional properties to the
WECS Site shall be deemed a substantial change. Upon a resubmission, the application shall
be returned to the Consultant for their determination as provided in subparagraph 11 (C)
hereof, any additional fees for review by the Consultant shall be paid by the Applicant.
E. Upon receipt of a notice from its Consultant that the application is complete, the Town Clerk
shall transmit the application to the Planning Board to schedule a hearing as required
hereunder. No application shall be Noticed for Hearing until it has been found to comply
with the provisions of this Article. The Consultant's finding that the application complies
with the filing requirement of this Article shall not be a finding on the merits or sufficiency
of the content in the application or otherwise preclude a review of the EAF or DEIS for the
SEQR process on the application, nor shall it restrict the need for further information for said
SEQR process determination.
F. The Planning Board shall hold at least one public hearing on the Application, and the
applicant is required to attend. The public hearing shall be held only after the Town Clerk has
advised the Planning Board that the application complies with filing requirements of this
article and the Planning Board accepts the application. Notice of the application being found
compliant, together with a summary of the application shall be given by first class mail to all
property owners within three miles of the boundaries of any property where a WECS is
proposed (Site), and published in the Town's official newspaper, no less than ten nor more
than twenty days before any public hearing. Where any public hearing is adjourned by the
Planning Board to hear additional comments, no further publication or mailing shall be
required, but in the discretion of the Planning Board such additional notice may be directed.
The Applicant shall mail the Notice of Public Hearing to all property owners within three
miles of the Site, and shall submit an affidavit of service indicating all persons and entities to
whom mailed. The assessment roll of the Town shall be used to determine mailing addresses.
The Town shall publish the Notice. Failure of any addressee to receive the notice shall not in
any manner affect the validity of the proceedings taken thereon.
G. The Town Board shall act as Lead Agency for purpose of SEQR Review subject to SEQR
rules.
H. The public hearing for an Application hereunder may be combined with public hearings on
any Environmental Impact Statement, other SEQR Process or requested waivers (see Article
V).
I. SEQRA reviews. Applications for WECS are deemed a Type I project under SEQRA.
J. The Town shall require an escrow agreement and deposit for the engineering, legal, and all
reasonable costs related to the review of the application and any environmental impact
statements before commencing its review. The Town Board shall determine the amount of
such deposit.
K. At the completion of the SEQRA review process, if a positive declaration of environmental
significance has been issued and an environmental impact statement prepared, the Town shall
issue a Statement of Findings, which Statement may also serve as the Town's decision on the
application.
L. Once the Town has accepted the application, held a public hearing, and completed the
SEQRA process, the Town Board may then approve, approve with conditions, or deny the
application, in accordance with the standards in this Article.
`3a`9" JUNE 19, 2013 TOWN BOARD MEETING PAGE 15
§12 Standards for WECS.
A. The following standards shall apply to all Wind Energy Conversion Systems, unless
specifically waived by the Town Board as part of a Wind Energy Permit.
1. All power transmission lines from the tower to any building or other structure shall be
located underground unless a variance is granted where it is impossible to bury
underground or where actual duress can be shown.
2. No television, radio or other communication antennas may be affixed or otherwise made
part of any Wind Energy Conversion System, except pursuant to the Town Code.
Applications may be jointly submitted for Wind Energy Conversion System and
telecommunications facilities.
3. No advertising signs are allowed on any part of the Wind Energy Facility, including
fencing and support structures.
4. No tower shall be lit except to comply with FAA requirements. Minimum security
lighting for ground level facilities shall be allowed as approved on the Wind Energy
Facility development plan. All such lighting required for the project shall be dark sky
compliant. The application shall include a commitment to retrofit the project with a radar -
activated system within two years of being notified by the Town Board. It is understood
that these systems are not currently available, but may be in the future.
5. The Applicant shall use measures to reduce the visual impact of Wind Energy
Conversion System to the extent possible. The Wind Energy Conversion System shall
use tubular towers. All structures in a project shall be finished in a single, non -reflective
matte finish color or a camouflage scheme. Wind Energy Conversion Systems within a
multiple Wind Energy Conversion System project shall be constructed using wind
turbines whose appearance, with respect to one another, is similar within and throughout
the Project, to provide reasonable uniformity in overall size, geometry, and rotational
speeds. No lettering, company insignia, advertising, or graphics shall be on any part of
the tower, hub, or blades.
6. The use of guy wires is prohibited.
7. No Wind Energy Conversion Systems shall be installed in any location where its
proximity with existing fixed broadcast, retransmission, or reception antenna for radio,
television, or wireless phone or other personal communication systems would produce
electromagnetic interference with signal transmission or reception. No Wind Energy
Conversion System shall be installed in any location along the major axis of an existing
microwave communications link where its operation is likely to produce electromagnetic
interference in the link's operation. If it is determined that a Wind Energy Conversion
System is causing electromagnetic interference, the operator shall take the corrective
action to eliminate this interference including relocation or removal of the facilities, or
resolution of the issue with the impacted parties.
If a signal transmission or reception problem occurs with any existing fixed broadcast,
retransmission, or reception antenna for radio, television, or wireless phone or other
personal communication systems, it shall be the WECS' operators responsibility to prove
that the WECS is not the cause of the problem or else shut down the WECS until the
problem is otherwise resolved. Failure to remedy electromagnetic interference is grounds
for revocation of the Wind Energy Permit for the specific Wind Energy Conversion
System or the entire site causing the interference.
8. All solid waste, hazardous waste and construction debris shall be removed from the Site
and managed in a manner consistent with all applicable local, New York State, and
federal rules and regulations. Any environmental hazard created must be cleaned up to
the maximum extent possible, restoring the area to its pre-existing condition.
9. WECSs shall be designed to minimize the impacts of land clearing and the loss of open
space areas. Land protected by conservation easements shall be avoided. The use of
previously developed areas will be given priority wherever possible. All topsoil disturbed
during construction, reconstruction or modification of each WECS will be stockpiled and
3a3
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 16
returned to the site upon completion of the activity, which disturbed the soil. Compliance
with the current New York State Department of Agriculture and Markets Guidelines for
Agricultural Mitigation for Wind Power Projects is required.
10. Wind Energy Conversion Systems shall be located in a manner that minimizes significant
negative impacts on rare, threatened or endangered species in the vicinity, particularly
bird and bat species.
11. Wind Energy Conversion Facilities shall be located in a manner consistent with all
applicable State and Federal wetland laws and regulations.
12. Storm -water run-off and erosion control shall be managed in a manner consistent with all
applicable Local, State and Federal laws and regulations.
13. The maximum Total Height of any Wind Energy Conversion System shall not exceed
500 feet from existing/original grade.
14. Construction of the Wind Energy Conversion System shall be limited to the hours of 7
AM to 7 PM. No work shall be completed on Saturday or Sunday. The Town may impose
reasonable conditions to any requested change in work hours, and may issue waivers of
this requirement in its sole discretion.
15. If it is determined that a WECS is causing stray voltage issues, the operator shall take the
necessary corrective action to eliminate these problems including relocation or removal
of the facilities, or resolution of the issue with the impacted parties. Failure to remedy
stray voltage issues is grounds for revocation of the approval for the specific WECS
causing the problems.
16. WECSs shall be located in a manner that minimizes significant negative impacts on the
historical and cultural aspects of the community (i.e. high concentration of historic stone
houses and buildings). This shall be done in coordination with the New York State Office
of Parks, Recreation and Historic Preservation. In addition, the review of NY's
Department of State guidelines for Scenic Areas of Statewide Significance should be
respected. Negative impacts must be eliminated to the maximum extent possible.
§13 Required Safety Measures.
A. Each WECS shall be equipped with both manual and automatic controls to limit the
rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
B. Fencing: A ten -foot -high (10') fence with a locking portal shall be required to enclose each
substation and each tower or group of towers, unless the applicant demonstrates in its
Application that the Tower(s) is non -climbable and otherwise safe. The color and type of
fencing for each WECS installation shall be determined on the basis of individual
applications, as safety needs dictate.
C. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the
tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of
any fence around each tower or group of towers and any building (or on the tower or building
if there is no fence), containing emergency contact information. The Town may require
additional signs based on safety needs.
D. No climbing pegs or tower ladders shall be located closer than twenty (20) feet above ground
level at the base of the structure.
E. The minimum distance between the ground and any part of the rotor or blade system shall be
fifty feet, provided it complies with all other provisions of this law.
F. Wind Energy Conversion Systems shall be designed to prevent unauthorized external access
to electrical and mechanical components and shall have access doors that are kept securely
locked at all times.
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 17
G. WECS shall be set back from residences a sufficient distance, based on a flicker study, to
demonstrate that shadow flicker does not adversely affect residences, whether such
residences are in or outside of the Town of Cortlandville.
§14 Traffic Routes.
A. Construction of WECSs poses potential risks because of the large size construction vehicles
and their impact on traffic safety and their physical impact on local roads. Construction and
delivery vehicles for WECSs or the associated facilities shall use traffic routes established as
part of the application review process. Factors in establishing such corridors shall include (1)
minimizing traffic impacts from construction and delivery vehicles; (2) minimizing WECS
related traffic during times of school bus activity; (3) minimizing wear and tear on local
roads; and (4) minimizing impacts on local business operations. Wind Energy Permit
conditions may limit WECS-related traffic to specified routes, and include a plan for
disseminating traffic route information to the public. No land can be taken by eminent
domain to create any route.
B. Roads shall. remain in existing condition status throughout construction and the Applicant
shall insure that such roads shall be usable by the general public during construction. The
applicant shall fix any damage to the roadways as required by the Town within 48 hours.
C. The Applicant is responsible for remediation of damaged roads upon completion of the
installation or maintenance of a WECS. A cash deposit shall be made prior to the issuance of
any Wind Energy Permit in an amount, determined by the Town, sufficient to compensate the
Town for any damage to local roads. Such deposit shall be made in a banking institution in
which the Town has a banking relationship.
§15 Setbacks and Noise Standards for Wind Energy Conversion Systems.
A. Requirements:
a. The equivalent noise level (LEQ), for any ten-minute period of the day, generated by a
noise source shall not exceed the limits listed in Table below when measured at the
property line
Daytime
Evening
Nighttime
a.m. to ? ",m.
p.m. to iti p.m.
O p.m to 7 a.m.
A-Vrei hied dB
45
40
35
C-weighted dB
53
58
53
b. In all cases, the corresponding C-weighted limit shall be the operable A -weighted limit
(from Table above) plus18 dB.
c. In the event audible noise is due to any operation that contains a steady pure tone, such
as a whine, screech, or hum, the standards for audible noise set forth in Table above
shall be reduced by five (5) dB; for impulsive noises the standards in Table above
shall be reduced by 7 dB; and the standards shall be reduced byl2 dB for highly
impulsive noise (ANSI S 12.9 Pt. 4).
B. Estimating Noise Impacts:
At the discretion of the Planning Board and at applicant's expense, an application will require
certification by an independent acoustical engineer as to the estimated maximum A- and C-
weighted sound levels at potentially impacted residential property lines. The firm with which
the engineer is associated shall be a member of the National Council of Acoustical
Consultants (NCAC) with a specialty in environmental noise, and the independent acoustical
engineer shall be a Member, Board Certified of the Institute of Noise Control Engineering of
the USA. The predicted noise levels shall then be reviewed by the Town's consulting
engineer, or their agent, to establish the validity of the predicted impacts.
C. Enforcement:
a. Enforcement shall be by measurement. The Town, using the services of the Town
Engineer, shall be responsible for and may contract for any enforcement
measurements. The Town's engineering contractor shall be a member of the National
1
1
1
3,76,
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 18
Council of Acoustical Consultants (NCAC) with a specialty in environmental noise,
and the consultant's project leader shall be a Member, Board Certified of the Institute
of Noise Control Engineering of the USA. The following protocol may be modified
as certain situations may require by the acoustical engineer as long as modifications
are in general conformance with the procedure described below.
b. Initially a preliminary study shall be conducted for 30 consecutive minutes during the
period of highest expected noise level exposure. During the thirty- (30) minute
period, the equivalent level (LEQ) generated by the noise source shall be measured.
The measurement location shall be on complainant's property line, nearest the noise
source. Measurements shall be entirely within the appropriate time period, e.g.,
during nighttime for nighttime enforcement, and the noise source shall operate
continuously (if normal operation) during the thirty- (30) minute measurement.
c. If the noise source is intermittent or if the noise is not present at the time of the
preliminary enforcement survey, a more extensive and detailed survey shall be
undertaken to monitor noise levels over a longer period. The applicant shall fully
cooperate with Town officials and their agents to ensure accurate measurements,
including turning on and off as required.
d. For both types of surveys, the microphone shall be situated between 4 and 4.5 feet
above the ground. Measurements shall be conducted within the general provisions of
ANSI 51.13-2005, and using a meter that meets at least the Type 2 requirements of
ANSI S l A and S l AA-1985 (R2006). The instrument noise floor shall be at least 10
dB below the lowest level measured.
e. A calibrator shall be used as recommended by the manufacturer of the sound -level
meter. The fundamental level of the calibrator and the sensitivity of the sound -level
meter shall be verified annually by a laboratory using procedures traceable to the
National Institute of Standards and Technology.
f. A windscreen shall be used as recommended by the sound -level meter manufacturer.
g. An anemometer shall be used to document wind speed and shall have a range of at
least 5 to 15 miles per hour (2.2 to 6.7 meters per second) and an accuracy of at least
± 2 miles per hour (± 0.9 meters per second).
h. For the detailed, long-term study a compass shall be used to measure wind direction to
at least an 8-point resolution: N, NE, E, SE, S, SW, W, NW. Measurements shall be
A -weighted, or, alternatively, in one -third -octave bands. For A -weighted
measurements, the uncertainty (tolerance) of measurements shall be 1 dB for a type 1
meter and 2 dB for a type 2 meter. For one- third -octave -band measurements, the
meter shall meet the type 1 requirements of ANSI S12.4 and 512.4a-1985 (R2006),
and the uncertainty of measurements shall be less than 5 dB in each and every one-
third -octave band.
i. For all measurements, the surface wind speed, measured at a 1.5- in height, shall be less
than 5 m/s.
j. The report shall include a sketch of the site showing distances to the structure(s), to the
property line, etc., and several photographs showing the structure(s), the property, and
the acoustical instrumentation. All instrumentation shall be listed by manufacturer,
model, and serial number. This instrumentation listing shall also include the A -
weighted and C-weighted noise floor due to weather or other natural phenomena and
the one- third octave band noise floors, if utilized, for each sound -level meter used.
D. Setback distances:
Each WECS shall be setback from Site boundaries, measured from the center of the WECS:
1. 3,280 feet from the nearest site boundary property line.
2. Five times the total height of the proposed WECS from the nearest public road.
3. 3,280 feet from the Village of McGraw and City of Cortland boundaries.
La pinirm
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 19
4. Five times the total height of the proposed WECS from any non-WECS structure or above-
ground utilities.
5. Two times the total height of the proposed WECS from state and federal wetlands.
6. Five thousand feet from the property lines of a school, hospital, community center, or
church (not to include church -owned cemetery.
7. Notwithstanding the foregoing, in the event of a difference in setback requirements herein
and those recommended by the manufacturer of the equipment to be installed, the larger
setback shall apply.
8. From all Site Boundary lines the first 100 feet shall be a green buffer zone to provide
natural screening. For the purpose of this law a green buffer zone shall be defined as an
area without structures and left naturally vegetated or in an agricultural use. Cutting and
clearing within the green buffer zone is prohibited except in connection with agricultural
uses or as necessary to construct and maintain WEF access roads and electric lines.
§16 Issuance of Wind Energy Permits.
A. Upon completion of the review process, the Planning Board shall, upon consideration of the
standard in this Local Law issue a written decision with its findings in support of its
approval, approval with conditions or disapproval, fully stated, and forward such decision
and its recommendation to the Town Board.
B. If approved, the Town Board will issue a Wind Energy Permit upon satisfaction of all
conditions for said Permit and completion of the SEQRA process, and upon Applicant
demonstrating compliance with the Uniform Fire Prevention and Building Code and the other
pre -construction conditions of this Local Law.
C. The decision of the Town Board shall be filed within 5 days in the office of the Town Clerk
and a copy mailed to the Applicant by registered mail, return receipt requested.
D. If any approved Wind Energy Facility has not commenced construction within one year of
issuance of the Wind Energy Permit, the Wind Energy Permit shall expire. Upon written
request of the Owner, the Wind Energy Permit may be extended for one year so long as the
project is unchanged
§17 Abatement.
A. The Applicant will supply an annual report of electrical production by turbine. If any WECS
fails to generate electricity for a continuous period of one year the Town Board may
determine that it is "non-functional or inoperative", and require the Owner (for the purpose of
this Section 17 an Owner is the holder of the Wind Energy Permit) to remove said WECS at
its own expense. Removal of the WECS shall include at least the entire above ground
structure and connected facilities down to 4 feet below grade, including transmission
equipment and fencing and such other associated parts as the Town Board may direct. This
provision shall not apply if the Town finds that the Owner has been making good faith efforts
to restore the Wind Energy Conversion System to an operable condition, or if the non-
functional or inoperative condition is the result of a force majeure event beyond the Owner's
control. Nothing in this provision shall limit the Town's ability to order a remedial action
plan after hearing. The Town shall provide Owner with at least 15 days notice of the hearing.
The Owner may present evidence at the hearing on the functioning or operation of the
system, or explanation for delay in repair during such period. At such hearing, in order to
warrant decommissioning of the system or any part thereof, the Town must first find by a
preponderance of the evidence submitted and presented, that the WECS or any part thereof
has been non-functional or inoperative continuously for 12 months. The Town after such
hearing may order the removal of the WECS system or any part thereof (down to 4 feet
below grade) that it finds has been non-functional or inoperative. Upon direction by the
Town Board to the Owner of a WECS to remove any system or part thereof and the failure of
the Owner to comply with such directive or to substantially commence such removal within
30 days of the directive, then the Town may proceed against the cash deposit as established
hereinafter in compliance with paragraph 17(C) hereof.
1
1
RUNE 19, 2013
TOWN BOARD MEETING
PAGE 20
B. Generation of electricity (or lack thereof) by a WECS may be proven by reports or
documents provided to the Public Service Commission, NYSERDA, New York Independent
System Operator, or other reporting agencies or by lack of generation of revenues from the
sale of energy. The Owner shall make available (subject to a non -disclosure agreement) to
the Town Board all reports to and from the purchaser of energy from the Wind Energy
Conversion Systems, if requested, and such other reports it finds necessary to prove the
WECS is functioning. All such reports submitted by the Owner may be redacted as necessary
to protect proprietary information. Failure to provide such information as requested shall be
the basis for the revocation of any operating permit.
C. Decommissioning Fund: The Owners shall continuously maintain a cash deposit, in a form
and from a Provider approved by the Town for the removal of nonfunctional towers and
appurtenant facilities, in an amount to be determined by the Town, for the period of the life
of the facility, This cash deposit shall be adjusted every three years for changes in costs of
decommissioning and restoration as well as adjusted for inflation. The cash deposit shall be
maintained in a bank licensed and authorized to do business in the State of New York, or
such other financial institution so authorized and approved by the Town Board. All costs of
the financial security shall be borne by the Owner. The cash deposit shall be fully in place
before commencement of construction of any portion of Wind Energy Conversion System.
Any Wind Energy Permit issued shall restrict construction until the deposit has been
approved and accepted by the Town Board
§18 Limitations on approvals; Easements on Town Property.
A. 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 Facility operator or owner to
acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
B. Future construction of Residence or dwellings within a distance of one and half times the
tower height from any Tower on an approved Site shall be restricted and not allowed unless
an application for a waiver and modification of such Approved Site is made and approved by
the Town Board. The application for the Waiver shall comply with Article V hereof.
C. Pursuant to the powers granted to the Town to manage its own property, the Town may enter
into noise, setback, or wind flow easements on such terms as the Town Board deems
appropriate, as long as said agreements are not otherwise prohibited by state or local law.
§19 Permit Revocation.
A. Testing fund: A Wind Energy Permit shall contain a requirement that the Owner fund
periodic noise testing by a qualified independent third -party acoustical measurement
consultant approved by the Town Board, which may be required every two years, or more
frequently upon request of the Town Board in response to complaints by neighbors. The
scope of the noise testing shall be to demonstrate compliance with the terms and conditions
of the Wind Energy Permit and this Local Law and shall also include an evaluation of any
complaints received by the Town. The Owner shall have 15 days after written notice from the
Town Board, to cure any deficiency. An extension of the 15-day period may be considered
by the Town Board, but the total period may not exceed 90 days. The complainant shall be
notified of any request for such extension. The Town Board has the right to shut down the
WEF immediately if the Town Board determines that an emergency has occurred.
B. Operation: A Wind Energy Conversion System shall be maintained in operational condition
at all times, subject to reasonable maintenance and repair outages. Operational condition
includes meeting all noise requirements and other permit conditions. Should a Wind Energy
Conversion System become inoperable, or should any part of the Wind Energy Conversion
System be damaged, or should a Wind Energy Conversion System violate a permit condition,
the owner shall remedy the situation within 15 days after written notice from the Town
Board. The Owner shall have 15 days after written notice from the Town Board, to cure any
deficiency. An extension of the 90-day period may be considered by the Town Board, but the
total period may not exceed 90 days.
JUKE 19, 2013 TOWN BOARD MEETING PAGE 21
C. Notwithstanding any other abatement provision under this Local Law, and consistent with
§ 19(A), if the Wind Energy Conversion System is not repaired or made operational or
brought into permit compliance after said notice, the Town may, after a public hearing at
which the operator or owner shall be given opportunity to be heard and present evidence,
including a plan to come into compliance: (1) order either remedial action within a particular
time frame, or (2) order revocation of the Wind Energy Permit for the Wind Energy
Conversion System and require the removal of the Wind Energy Conservation System within
90 days. If the Wind Energy Conservation System is not removed, the Town Board shall
have the right to use part or all of the cash deposit to remove the Wind Energy Conversion
System.
Article III
Wind Measurement Towers
§20 Wind Site Assessment.
The Town Board acknowledges that prior to construction of a WECS, a wind site assessment is
conducted to determine the wind speeds and the feasibility of using particular Sites. Installation
of Wind Measurement Towers, also known as anemometer ("Met") towers, shall be permitted on
the issuance of a Wind Energy Permit in accordance with this Local Law.
§21 Applications for Wind Measurement Towers.
A. An application for a Wind Measurement Tower shall include:
1. Name, physical address, telephone number of the Applicant, and the names and addresses
of principals 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 representation.
2. Name, address, telephone number of the property owner. If the property owner is not the
Applicant, the application shall include a letter or other written permission signed by the
property owner (i) confirming that the property owner is familiar with the proposed
applications and (ii) authorizing the submission of the application.
3. Coordinates of each proposed tower location, including Tax Map section, block and lot
number.
4. Proposed Development Plan and Map.
5. Decommissioning Plan, including a cash deposit for removal.
§22 Standards for Wind Measurement Towers.
A. The distance between a Wind Measurement Tower and the property line of the Site shall be
at least one and a half times the Total Height of the tower. The tower shall not be located
nearer than one and half times the Total Height of the tower to any Residence. Site can
include more than one piece of property. Exceptions for neighboring properties are also
allowed with the written consent of those property owners.
B. 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 in accordance with the
procedure of § 16(D).
Article IV
Small Wind Energy Conversion Systems
§23 Small wind systems (WECS).
F
Intent. This section regulates and provides standards for small wind energy systems (WECS)
designed for on -site home and farm use, and that are primary used to reduce on -site
3aq
DUNE 19, 2013 TOWN BOARD MEETING PAGE 22
consumption of public -utility -generated and distributed electricity. The intent of this section is
to encourage the development of small wind energy systems and to protect the public health,
safety and community welfare.
A. Permit required.
1. No WECS shall be constructed, reconstructed, modified or operated in the Town of
Cortlandville except in compliance with this section.
2. No wind measurements tower shall be constructed or operated except in
conjunction with and as part of an application for a small WECS.
3. No transfer of real property on which a small WECS is situated shall eliminate the
liability of the owner of such property from compliance with this section and the
conditions of the conditional permit issued for such WECS.
4. Notwithstanding the requirements of this section, replacement in kind of a small WECS
may occur without Town approval when:
(a) There will be no increase in total height;
(b) No change in location;
(c) No additional lighting or change of facility color;
(d) No increase in noise produced by the WECS.
B. Permitted areas:
Agricultural District on lots greater than two acres.
R-1 District on lots greater that two acres.
C. Height limitations.
Agricultural District: 100 feet.
R-1 District on lots less than three acres: 40 feet.
R-1 District on lots greater than three acres: 60 feet when documentation shows a
need for a height greater than 40 feet.
D. Setback. All WECS shall be set back from all property lines a minimum of 1.5 times
the total height of the WECS.
E. Application. A conditional permit, (Article XIV) is required for all WECS. The Planning
Board shall hold a public hearing with notification of all property owners adjacent to
the proposed tower site or within one mile of the proposed tower site.
F. Standards.
1. Only one small WECS per lot shall be allowed. More than one may be permitted as
long as each has the required minimum lot size and the applicant demonstrates that
the electric n e e d s of the user exceed the power generation capability of one
WECS.
2. The height allowed shall be reduced if necessary to comply with all federal
aviation requirements and § 178-115 of the Code of the Town of Cortlandville.
3. The maximum turbine power output is limited to 10 KW unless the
applicant demonstrates to the Town Planning Board that a larger turbine is
necessary to meet the historical or projected energy needs of the applicant.
330
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 23
4. The system tower and components shall be painted a non -reflective,
unobtrusive color that blends the system and components into the surrounding
landscape.
5. The system shall be designed and located in such a manner to minimize adverse
visual impacts from public viewing areas (e.g., public parks, roads, trails) and from
adjacent properties.
6. Exterior lighting on any structure associated with the system shall not be allowed
except that which is specifically required by the Federal Aviation Administration.
7. All on -site electric wires associated with the system shall be installed underground
except for "tie-ins" to a utility company and public utility transmission
poles, towers and lines. The Planning Board may modify this standard if
the project terrain is determined to be u n s u i t a b l e due t o reasons of
excessive grading, biological impacts, or similar factors.
8. The system shall be operated such that no electromagnetic interference is caused. If it
has been demonstrated to the Planning Board that a system is causing harmful
interference, the system operator shall promptly mitigate the harmful interference or
cease operation of the system.
9. 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 therefrom. No brand names, logo or
advertising shall be placed or painted on the tower or components where it would be
visible from the ground, except that a system or tower manufacturer's logo may be
displayed on a system housing in an unobtrusive manner.
10. Towers shall be constructed to provide one of the following means of access
control, or other appropriate method of access:
(a) Tower climbing apparatus located no closer than 12 feet from the ground.
(b) A locked anti -climbing device installed on the tower.
(c) A locked, protective fence at least six feet in height that encloses the tower.
11. Anchor points for any guy wires for a system tower shall be located within the
property that the system is located on and not on or across any aboveground
electric transmission or distribution lines. The point of attachment for the guy
wires shall be enclosed by a fence six feet in height or sheathed in bright orange or
yellow covering from three feet to eight feet above the ground.
12. The minimum height above the ground of the lowest part of the wind turbine blade
shall be at least 15 feet.
13. The level of noise produced during WECS operation shall follows the levels
established in Section §15A, measured at the boundaries of the closest parcel to
the WECS site.
14. All small WECS tower structures shall be designed and constructed to be in
compliance with applicable provisions of the New York S t at e U n i f o r m
Fire Prevention Building Code, and generally accepted engineering practices.
15. All WECS shall be equipped with manual and automatic overspeed controls. The
manufacturer shall certify the conformance of rotor overspeed control design and
fabrication, with good engineering practices.
16. No WECS shall be constructed or operated so as to create artificial habitat for
raptor prey. Electrical boxes, perching opportunities, etc., shall to the maximum
extent possible be minimized.
17. No experimental, home built, or prototype wind turbine shall be allowed without
documentation by the applicant of their maximum probable blade throw distance in
the event of failure and determination by the Planning B o a r d o f appropriate
setback distances on the basis of that documentation.
331
JUNE 19, 2013 TOWN BOARD MEETING PAGE 24
18.A WECS shall be set back at least 1,000 feet from any important bird
area as identified by The New York Audubon Society and from state -listed
wetlands.
19. All WECS shall be maintained in good condition and in accordance with all
requirements of this section
G. Abandonment of use. A small WE C S which is not used to produce electricity for 12
successive months shall be deemed abandoned and shall be dismantled and
removed from the property at the expense of the property owner within nine months
after notice from the Town Planning Board.
Article V
Waivers
§24 Waivers.
A. The Town Board may, after a public hearing (which may be combined with other public
hearings on Wind Energy Facilities, so long as the waiver request is detailed in the public
notice and the Application), grant a waiver only under conditions of duress or absolute
hardship, except as otherwise expressly prohibited herein, from the strict application of the
provisions of this Local Law if, in the opinion of the Town Board, the grant of said waiver is
in the best interests of the Town.
B. The Town Board in making its determination on a waiver request shall consider the benefit to
the Owner if the waiver is granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making such determination the
board shall also consider: (1) whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties will be created by the
granting of the waiver; (2) whether the benefit sought by the Owner can be achieved by some
method, feasible for the Owner to pursue, other than waiver; (3) whether the proposed waiver
will have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district; and the scope of the request.
C. The Town Board, in the granting of waivers, shall grant the minimum waiver that it shall
deem necessary and adequate and at the same time preserve and protect the character of the
neighborhood and the health, safety and welfare of the community.
D. The Town Board may attach such conditions, as it deems appropriate to waiver approvals as
it deems necessary to minimize the impact of the waiver.
Article VI
Miscellaneous
§25 Fees.
A. Non-refundable Fees shall be as follows:
1. Wind Energy Conversion System/Wind Energy Permit: $2,000 per megawatt of rated
maximum capacity;
2. Wind Measurement Towers Wind Energy Permit: $1,500 per tower, and $1,000 for any
other structure or part thereof not a tower;
3. Small WECS Wind Energy Permit: $500 per WECS;
4. Wind Measurement Tower or Wind Energy Permits renewals/extensions: $1,000 per
Permit/WECS;
5. The fee for an Article 5 Waiver application shall be $250.00.
6. Fees are subject to change by Town Board Resolution
B. Wind Energy Permits; review, inspection, and approval fees. The Town believes the review
of applications for Wind Energy Facilities and compliance monitoring of issued Wind
Energy Permit requires specific third party expertise. In addition to the permit fees for the
WECS system as provided in 25(E) above, the Owner of the WECS shall pay the costs of
such review as follows:
3302
JUKE 19, 2013
TOWN BOARD MEETING
PAGE 25
C. An outside consultant, approved by the Town, to review the plans submitted by the Applicant
or its representative for compliance with this regulation and inspection of work, together with
monitoring compliance with any issued permit for any WECS. All such expense shall be
made by the Applicant, or Holder of such issued permit, if different, providing a cash
advance payment to the Town Clerk prior to issuing such permit or such other form of
advance payment as the Town Board may direct and approve.
D. Permit Year Annual Report. The Owner shall file annually a report of the condition and all
maintenance and repair work to the WECS system, detailing any improvements, alterations
or changes to any WECS or other structure of the system or any of its components, together
with a review fee of $200.00 for each WECS. The report shall be certified by a licensed
engineer that such work has not changed any permit condition. The Town, upon notice to the
Owner, may refer the report to consultant if it reasonably believes that any work may change
or adversely impact a permit condition. The Owner shall be responsible for any costs of any
outside consultant, if necessary, to review the report.
E. Any costs associated with reviewing materials submitted by the Owner or the review of any
condition of a permit, including, but not limited to, ensuring the system continues to be safe
and compliant with the terms of such permit issued shall be the expense of the owner of the
system. Such expense shall be paid by the Applicant/Owner. Prior to incurring such costs, the
Town agrees to provide the Applicant/Owner of the system with notice of such costs and
reason for the same. The Applicant/owner may protest the costs by filing a protest with the
Town Clerk within ten days of such notice. Said protest shall contain a statement of what is
protested, and if a cost item is protested then an estimate from an independent person for the
costs protested shall be included. Notwithstanding a protest the Town may engage a
consultant to review any submission by the Applicant/Owner of the system prior to
approving the submission and all such expense and costs shall be an expense of the project
(Applicant/Owner of the system). If any such expense shall not be paid the same shall
constitute a violation of the permit and be deemed an expense in decommissioning the
system or any part thereof in question.
1. The permit fee for Town Board approval for cutting or clearing in a green buffer area
within a Site shall be $100.00 per permit, no permit fee is necessary for maintaining
agricultural uses within a green buffer zone.
2. Applications for approval of Transfer of ownership or control pursuant to section 5(G)
shall be submitted to the Town Board together with information explaining the proposed
change of control or the transfer. Such information shall include the names and addresses
of the parties whose interest is being changed or transferred together with their
percentage of ownership being transferred and the names and addresses of each person,
shareholder, member, partner or individual receiving such interest, together with a fee of
$500.00 and such consultant fees as the Town Board finds necessary to review any
financial information submitted therewith. The Town Board reserves the right to request
such other information it may reasonably request and finds necessary to complete its
review of such application.
F. Nothing in this Local Law shall be read as limiting the ability of the Town to enter into Host
Community Agreements with any Applicant to compensate the town for expenses or impacts
on the community. The Town shall require any Applicant to enter into an escrow agreement
to pay the engineering and legal costs of any application review, including the review
required by SEQRA. Notwithstanding anything to the contrary provided herein, any and all
Town agreements or permit conditions pertaining to a Wind Energy Conversion System shall
be filed with the Town and in place prior to the issuance of the Wind Energy Permit, unless
the approval for such Wind Energy Conversion System permit expressly provides otherwise,
including Host Community Agreement, Decommission Plan and proof of Funds or escrow
accounts, if required, related to the Wind Energy Conversion System.
§26 Tax Exemption.
The Town hereby exercises its right to opt out of the Tax Exemption provisions of Real Property
Tax Law §487 for large WECS, pursuant to the authority granted by paragraph 8 of that law.
333
JUKE 19, 2013 TOWN BOARD MEETING PAGE 26
§27 Real Estate Property Value Assurance Plan
The WEF Owner/operator must provide the Real Estate Property Value Assurance Plan
(REPVAP) to all Non -Participating landowners who: 1) own property within one mile, measured
horizontally, from the Project Boundary, and 2) have not signed any mitigation waivers. This is a
legally binding contract with the Owner/operator and its successors and the landowners. Each
one of these contracts must be submitted with the application. The elements of the Real Estate
Property Value Assurance Plan are as follows:
A. Establishing the Current Value of the Home
Three neutral real estate agents will be selected from a list of agents licensed in the State of New
York and conducting business in the general project area. Each agent shall perform a
Comparative Market Analysis (CMA) of the property — in its current state — which will compare
the property size and improvements to no less than three similar properties that are listed for sale,
using generally accepted CMA methods. The two highest property valuations determined from
each CMA will then be averaged to determine the "baseline" property value for REPVAP
purposes only. The CMAs will be performed at the Applicant's expense. The property owner
hereby agrees to permit access to the property as required to perform the CMA inspection.
Furthermore, the property owner hereby agrees to provide full disclosure of known defects of the
property as may be required under New York State Law. The agents preparing the CMAs will
provide a written copy of their report to both the property owner and the Applicant. Both the
Applicant and the landowner reserve the right to reject CMA results only in the instance of a
clear mistake by the agent.
B. Establishing the Future Value of the Home if Listed for Sale.
If at any time during the three year period after a permit to erect the WEF, the property owner
lists the property for sale with a realtor, then an "updated" Comparative Analysis will be
prepared, again at the Applicant's expense, using the same procedure outlined above. The
updated CMA will explicitly take into account any changes in local market conditions for
comparable properties unaffected by the wind project, as well as any improvements to the home
and/or lot. In the event that the property has been listed for at least 12 months and sells for less
than the market value determined by the updated CMA average, the Applicant will pay the
difference in value within 30 days after closing of the sale of the property. The 12-month listing
requirement may be waived by Applicant if requested by the property owner at the Applicant's
sole discretion.
C. Other stipulations
The property owner hereby grants the Applicant the right to purchase the property at the greater
amount of the updated CMA average market value or the highest bona fide offer. In the event the
property was offered for sale and did not sell or generate any acceptable bona fide offers within
12 months, the Applicant will pay the difference in value between the updated CMA averaged
market value and the highest bona fide offer, but only upon reasonable certification by the
property owner's selling agent that the lack of an acceptable offer or sale was attributable solely
to the close proximity of the property to the WEF, and not due to any other reason whatsoever
including but not limited to market conditions or specific deficiencies related to the property that
was otherwise assumed to be satisfactory. If the property does not sell within an 18-month
period, the Applicant will have to purchase the property at the updated CMA average market
value.
D. Subject to the Applicant's right to waive any or all these exclusions, the plan outlined herein does
not cover a sale or transfer of the property under any of the following conditions.
If the property owner does not have clear and marketable title.
If the property has not been listed for sale for at least 12 months as a continuous period.
If the property is gifted or assigned to another person.
If the property is not listed for sale in accordance with Section D at some point.
If the property is not reasonably maintained in its current condition, reasonable wear and tear
excepted.
E. Additional Conditions:
A property owner can participate voluntarily in this plan, under the terms and conditions
established herein, but the benefit is not assignable to new or subsequent property owners. If the
Applicant sells or transfers ownership of the WEF, it must assign, transfer, pledge, or otherwise
dispose of its obligations and interests under this agreement in a form acceptable to the
contracting landowners, unless released in writing by contracting land owners. If no agreement
33-� JUNE 19, 2013 TOWN BOARD MEETING PAGE 27
can be reached, then the Applicant shall, before sale of the WEF, place into an escrow account,
in favor of the landowner(s) the full value of the property, to be accessed by the landowner(s) if
no sale is finalized within the time allocated in Section D.
In the event any landowner experiences health problems directly attributable to the operation of
the WEF, such that the home is rendered uninhabitable, and unsellable, the listing period will be
waived, and the Applicant will be responsible for all medical expenses incurred, including but
not limited to doctor visits, hospital visits and stays, medical procedures, medication and cost of
lodging away from the home, up until such time as the Applicant purchases the affected property
at its full value before the approval and operation of the WEF reduced the property's worth. It
will be the responsibility of the Applicant to prove that the health problems (which weren't
present before, and now are) are NOT attributable to the Applicant.
§28 Complaint Resolution Process.
A. All complaints shall be directed to the Town Code Enforcement Officer who will respond to
the complainant within five (5) business days after receipt of such complaint. The Town
Code Enforcement Officer shall keep a log of any such complaints received.
B. Any complaints which cannot be resolved during the initial response shall be subsequently
directed to the Planning Board for investigation, and any such investigation shall be
undertaken with the full cooperation of the person/ applicant/ operator and in accordance
with §29, Enforcement.
C. If the complaint includes the character or quality of noise, then any subsequent investigation
shall use best practices to evaluate the overall level, tonal, and/or temporal nature of the noise
prompting the complaint. As outlined in Section §29, Enforcement, the noise source will be
shut down as may be needed to properly assess noise impacts.
D. Testing shall, commence within ten (10) business days of the report of the initial investigation,
but ultimately testing will be predicated upon conditions that facilitate adequate measurement
of the noise source. Testing shall compare actual noise measurements at complainant's
property line with and without noise source to confirm operation complies with established
noise limits. If sound levels of the noise source exceed sound levels with noise source off by
more than 5dB, then the noise shall be deemed out of compliance with this regulation.
§29 Enforcement; Penalties and remedies for violations.
A. The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce
this Local Law.
B. Any person owning or operating a Wind Energy Facility shall be responsible for the
continued compliance of such facility with this local law and the terms and conditions of the
Wind Energy Permit issued for such facility.
C. A violation of this local law or any provision of the Wind Energy Permit shall subject the
Owner or Operator of the facility to a civil penalty of One Thousand ($1,000.00) Dollars,
payable within 10 days of the notice of the violation. In lieu of proceeding with enforcement
of this law as an offense the Town may institute a civil proceeding to collect civil penalties in
the amount of $1,000.00 for each violation. Each days continued violation shall constitute
and be deemed a separate additional violation
D. Revocation of Wind Energy Permit; Upon a finding of three separate violations by a court of
competent jurisdiction by an Owner or Operator of the facility of a material provision of this
Local Law in any one year period, the Town Board may hold a hearing for a revocation of
any Wind Energy Permit issued by such Board.
E. In lieu of a civil proceeding for enforcement of this local law, the Town Board may elect to
proceed to charge any Owner or Operator who violates any material provision of this Local
Law or be in noncompliance with any material term or condition of any permit issued
pursuant to this Local Law, or any order of the enforcement officer with an offense. Each
days continued violation shall constitute and be deemed a separate additional violation. Each
JUKE 19, 2013
TOWN BOARD MEETING
PAGE 28
33'�
1
1
1
such offense shall be punishable by a fine not exceeding three hundred fifty dollars or
imprisonment for a period not to exceed six months, or both for conviction of a first offense;
for conviction of a second offense both of which were committed within a period of five
years, punishable by a fine of not less than three hundred fifty dollars nor more than seven
hundred dollars or imprisonment for a period not to exceed six months, or both; and, upon
conviction for a third or subsequent offense all of which were committed within a period of
five years, punishable by a fine not less than seven hundred dollars nor more than one
thousand dollars or imprisonment for a period not to exceed six months, or both. However,
for the purpose of conferring jurisdiction upon courts and judicial officers generally,
violations of this local law shall be deemed misdemeanors and for such purpose only all
provisions of law relating to misdemeanors shall apply to such violations.
F. In case of any violation or threatened violation of any of the provisions of this local law,
including the terms and conditions imposed by any 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 unlawful erection, structural alteration,
reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent
the illegal act.
§30 Severability.
If any part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part or provision or application directly involved in the
controversy in which such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law or the application thereof to other persons or
circumstances, and the Town Board of the Town of Cortlandville hereby declares that it would
have passed this Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
§31 Supercession.
This Local Law shall supercede all Town local laws and other land use regulations and
specifically New York Town Law § 131, § 133, §266 and §268 that are contrary and in conflict
with the provisions of this Local Law to the extent necessary to give this Local Law full force
and effect.
§32 Effective Date.
This Local Law shall be effective immediately upon its filing with the Secretary of State in
accordance with the Municipal Home Rule Law.
33�
JUNE 19, 2013 TOWN BOARD MEETING PAGE 29
Attorney Folmer reminded the Board that the moratorium for wind energy facilities in the
Town would expire June 30, 2013. However, Local Law No. 1 of 2013 would not become
effective until it is filed with the Secretary of State. The process would commence on June 20,
2013 to file the Local Law, however the Town has no control over how long it would take the
Secretary of State to accomplish the filing and to let the Town know it has been filed. Therefore,
Attorney Folmer requested the Board extend the moratorium from June 30, 2013 to 12:00 p.m.
on the day following the date upon which Local Law No. 1 of 2013 is filed with the Secretary of
State, or until July 10, 2013, whichever shall first occur.
Councilman Rocco suggested the language read "12:00 p.m. on the first business day
following ..." which Attorney Folmer agreed with.
Supervisor Tupper asked Town Clerk Snyder how she receives notification that the local
law was filed. He also indicated that the Board would like the local law sent via FedEx to the
Secretary State. Town Clerk Snyder informed the Board that she receives notification of the
filing through the mail rather than via email.
RESOLUTION #125 AUTHORIZE EXTENSION TO LOCAL LAW NO. 1 OF 2012 —
IMPOSING A MORATORIUM ON PLACEMENT OF
COMMERCIAL WIND FARM FACILITIES
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY-0
ADOPTED
WHEREAS, on April 4, 2012 the Town Board of the Town of Cortlandville adopted Local Law
No. 1 of 2012 "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities",
which was filed with the New York State Department of State effective April 19, 2012, and
WHEREAS, per Section 5 of the Local Law, the moratorium imposed by the Local Law shall be
in effect from its effective date until December 31, 2012, unless extended by Resolution of the
Town Board, and
WHEREAS, on December 19, 2013 the Town Board adopted Resolution #243 of 2012
authorizing a six-month extension to Local Law No. 1 of 2012 effective until June 30, 2013, and
WHEREAS, the Town Board of the Town of Cortlandville finds that another extension of such
moratorium is warranted to allow for the filing of Local Law No. 1 of 2013, Wind Energy
Facilities, to be effective with the Secretary of State, therefore
BE IT RESOLVED, the Town Board does hereby authorize an extension to Local Law No. 1 of
2012, "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities" from June
30, 2013 until 12:00 p.m. on the first business day following the date upon which Local Law No.
1 of 2013 is filed with the Secretary of State, or until July 10, 2013, whichever shall first occur.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of March 26, 2013. All voting aye, the motion was
carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of April 30, 2013. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of April 30, 2013. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Board of Assessment Review Minutes of May 29, 2013. All voting aye, the
motion was carried.
Councilman Leach made a motion, seconded by Councilman Rocco, to approve the Draft
Town Board Minutes of June 5, 2013 as submitted. All voting aye, the motion was carried.
ZR7
RUNE 19, 2013 TOWN BOARD MEETING PAGE 30
RESOLUTION #126 AUTHORIZE PAYMENT OF VOUCHERS — JUNE
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher 9546-599
General Fund A
$132,767.64
General Fund B
$ 8,467.73
Highway Fund DA
$ 0.00
Highway Fund DB
$ 53,221.61
Funds CD I, CD3, CD4
Voucher #(none)
BMills Rehab CD
$ 0.00
Town Wide Rehab CD3
$ 0.00
Business Devl CD4
$ 0.00
Fund HC, SS, SW
Voucher #193-209
NYS Rt 13 Sewer Rehab HC
$ 0.00
Sewer SS
$ 3,074.11
Water SW
$ 22,003.60
Funds SF, TA, TE
Voucher #16-18
C'Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 33,260.51
Expendable Trust TE
$ 0.00
Supervisor Tupper offered privilege of the floor to Gareth McDonald.
Gareth McDonald,
representing TCI Renewables, stated
that he recently sent a letter to
the Board registering TCI's objection to the Local Law for Wind Energy Facilities. He stated
that the local law was too prohibitive and goes beyond the protection of residents and the public
in TCI's opinion as wind energy developers.
Mr. McDonald mentioned that public hearings were recently held with regard to TCI's
wind energy project and the DEIS. Many verbal comments were received and written comments
were being submitted as well. With regard to the comments, the SEQRA process would be
followed in regard to the Final EIS.
Also contained in TCI's letter to the Town was reference to the Article 10 process which
is available to wind developers. Mr. McDonald stated that they wanted to make it clear to the
Town that nothing in the letter was meant as an ultimatum or a threat to the Town Board. He
stated they were merely outlining their options as a business with regard to SEQRA and the
Article 10 process. Mr. McDonald stated that TCI's preference would be to work with the Town
to follow the SEQRA process through to the end. He stated that the setbacks in the DEIS were
reasonable and sufficient to protect the residents of the Town of Cortlandville and the public and
the residents of the project area. He stated that most of the proposed setbacks are of industry
standards or in excess of industry standards. Mr. McDonald stated that TCI's letter outlined their
wish to create a new law with more reasonable setbacks that would be more acceptable to TCI
and the four towns involved. In the past TCI tried to have a harmonized local law created that
would apply to all four towns as they believe the setbacks should be the same for a resident of
the project area whether the property was in the Town of Cortlandville, Homer, Truxton or
Solon. Mr. McDonald stated that if that does not work out, TCI would like to have a local law
that does not have as restrictive setbacks as what was in the Town's draft local law.
Mr. McDonald explained the process going forward for TCI's Final EIS with Cortland
County. The County's consultant was compiling all of the written comments; would receive the
transcript from the stenographer; and would continue to receive written comments until July 26,
2013. The County was starting to address the comments and starting the review the DEIS for
content rather than for applicability for the final DEIS scope. The County would then address
each public comment and where the answer could be found in the DEIS. If there was not an
answer in the DEIS then further studies would be completed. Mr. McDonald stated that there
were a number of further studies that TCI committed to such as a walkover archaeological study
and wetland delineation. Along with public comment, involved agencies such as the DEC and
DOT would comment on the document and issue findings.
Mr. McDonald requested a special meeting with the Board to discuss the contents of the
Local Law and to reach a middle ground on the terms and setbacks.
JUNE 19, 2013
TOWN BOARD MEETING
PAGE 31
Supervisor Tupper offered privilege of the floor to Michael Barylski.
Michael Barylski recognized the Board and Attorney Folmer and their collective efforts
in regard to developing the Local Law for Wind Energy Facilities. He stated that a tremendous
amount of work and effort and input went into the draft, including all of the work of Councilman
Rocco, Councilman Proud, and Attorney Folmer put in to developing a draft. Mr. Barylski also
mentioned the consideration and incorporation of comments and recommendations made by the
Town and County Planning Boards and the public. He recognized the members of the Town
Planning Board for the amount of effort they put into their research to make comments to the
Town Board. Mr. Barylski also recognized the Board for keeping the public comment period
open until Monday, June 17, 2013 to encourage as much public comment as possible.
In regard to comments made by Mr. McDonald from TCI, Mr. Barylski recalled that
several years ago an effort was made to develop a common ordinance that could be adopted
countywide, which the Town was involved in. Those efforts were sidelined. Mr. Barylski stated
that the TCI application was "putting the cart before the horse," and that in his 20 years of
review he had never seen a situation where so many involved agencies did not have regulations
in place for which to entertain. He stated that he had little sympathy for TCI and the fact that the
company finds itself with an application that is not consistent with what the towns are now
developing.
Mr. Barylski stated that the Town did some very good work recognizing that impacts do
not stop at the property line. He stated that it is important to have an ordinance that measures
setbacks from the property line, because "the area between the property line and the residence is
as near and dear to many people as the area right around the residences themselves." Mr.
Barylski stated that TCI has a number of options available to them.
Supervisor Tupper interrupted Mr. Barylski and reminded him that the Town does not
have an application from TCI.
Mr. Barylski thanked the Board again for all of their hard work, and reminded them that
there is a DEIS at the County level naming the Town of Cortlandville as an involved agency. He
encouraged the Town to review the DEIS and provide comments to the lead agency.
The monthly report of the Town Justice for the month of May 2013 was on the table for
review and is filed in the Town Clerk's Office.
RESOLUTION #127 ACCEPT 2013 TAX COLLECTOR'S SUMMARY
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the 2013 Tax Collector's Summary is hereby accepted and shall be received
and filed.
Town Clerk/Tax Collector Snyder apprised the Board she collected 88% of the 2013
taxes, in comparison to the 87% collected in 2012. She attributed the increase in collection to
partial payments, which increased from the 2012 tax year, and the actual tax bill having a slight
decrease. Town Clerk Snyder stated that participation in the partial payment program would
continue to increase over the next few years.
Under communications, Supervisor Tupper announced that the Town of Cortlandville
received the Gold Award from the United Way for Cortland County for Employee Campaigns
for having the highest percentage of participation among public service groups. Supervisor
Tupper congratulated the employees for their contributions.
1
SS
JUNE 19, 2013 TOWN BOARD MEETING PAGE 32
There was a brief discussion regarding filing an application for funds through the
Community Development Block Grant Program. Councilman Leach commented on the success
of the CDBG grants within the Town, mentioning the homes that have been rehabilitated and the
new sidewalks in Blodgett Mills. He stated that the Town was very fortunate to receive the
CDBG's.
Supervisor Tupper agreed, and stated that through the CDBG program between fifty and
sixty homes have been rehabilitated in the Town. If the Town is awarded another CDBG it
would help rehabilitate approximately twenty more homes. Councilman Rocco acknowledged
the Town's grant writing company, Thoma Development Consultants for their assistance in
obtaining the grants.
RESOLUTION #128 AUTHORIZATION TO FILE AN APPLICATION FOR FUNDS
TO THE NEW YORK STATE OFFICE OF COMMUNITY
RENEWAL
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and
directed to file an application for funds from the New York State Office for Community Renewal
through its Community Development Block Grant Program 2013 CRF APPLICATION, and it
is further
RESOLVED, upon approval of said request, the Supervisor of the Town of Cortlandville is
hereby authorized and directed to enter into and execute a project agreement with the State for
such financial assistance to the Town of Cortlandville for a Small Business grant.
RESOLUTION #129 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH THE
J.M. MURRAY CENTER FOR CLEANING SERVICES AT THE
RAYMOND G. THORPE MUNICIPAL BUILDING
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with the J.M. Murray Center for cleaning services at the Raymond G. Thorpe Municipal
Building from July 1, 2013 through December 31, 2013, for the total cost of $10,530.00.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Environmental Facilities Corp., dated May 31, 2013,
regarding the Engineering Agreement Acceptance for the proposed NYS Route 13 Sewer
Rehabilitation Project. All voting aye, the motion was carried.
There was discussion regarding Cortland County Legislature Resolution #148-13
regarding the reimbursement of relevied delinquent village and town taxes. Attorney Folmer
explained that County Law and Town Law provide that unpaid taxes are relevied by the County.
The statute provides that the County is only required to relevy taxes. They are not required to
relevy other items such as demolition costs. As an example, Attorney Folmer explained that the
Town expended funds for the demolition of the former Golden Skillet on Route 13. Ordinarily
the cost for the demolition would be put on the 2014 tax bill. The County would reimburse the
Town the full amount relevied on the tax bill, and the County would then attempt to recoup that
cost. The County would no longer do this.
Attorney Folmer explained that one of the reasons the County would not relevy other
charges anymore had to do with a situation involving a building located next to a creek in the
Village of McGraw that is tipping significantly. Both the fourth and third floors of the building
collapsed to the floors below. According to the Deputy Mayor of the Village of McGraw, the
3110
JUNE 19, 2013 TOWN BOARD MEETING PAGE 33
lowest estimate they received to demolish the building was $425,000.00, which the Village could
not afford. Under the former system, the $425,000 would be relevied onto the Town and County
tax bill and the County would eventually have the property available for tax sale. Attorney
Folmer stated that the tax sale of the particular property would not recoup the cost of the
demolition. If the County does not relevy such charges then they don't have to worry about
assuming that responsibility. Attorney Folmer thought that the situation in the Village was what
drove the County's determination.
Attorney Folmer stated that the County Law requires the County to relevy town taxes.
However, villages must pass a resolution which asks the County to relevy the taxes, and the
County must pass a resolution to relevy the unpaid taxes. Attorney Folmer was not aware if the
County and Village went through that process.
Attorney Folmer stated that the Town must come up with another means of collecting the
costs the Town expends for things such as the demolitions. Attorney Folmer stated that he and
CEO Williams had already taken the first step to recuperate the charges for the demolition of the
former Golden Skillet.
Councilman Rocco questioned whether there was any action the Board could take with
regard to the County's resolution. Supervisor Tupper indicated that there was not because it was
the County's decision. He apprised the Board that delinquent water and sewer charges would
still be relevied onto the Town and County tax bill according to state law.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Michael Park, Chair of the Cortland County Legislature, and Cortland
County Legislature Resolution #148-13, "Resolution Regarding Reimbursement of Re -levied
Delinquent Village and Town Taxes Real Property Tax Services." All voting aye, the motion
was carried.
RESOLUTION #130 AUTHORIZE SUPERVISOR TO SIGN THE GRANT WRITING
SERVICE AGREEMENT BETWEEN THE TOWN AND
THOMA DEVELOPMENT CONSULTANTS FOR A 2013
COMMUNITY DEVELOPMENT BLOCK GRANT —
ECONOMIC DEVELOPMENT FOR INNOVATIVE
MANUFACTURING SOLUTIONS, INC.
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Grant Writing Agreement between the Town of Cortlandville and Thoma Development
Consultants for the 2013 Community Development Block Grant — Economic Development
application for Innovative Manufacturing Solutions, Inc., for the total cost of $3,000.00.
RESOLUTION 4131 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
CHRIS O. WHIBLE AND WENDY 1. WHIBLE
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the
Town of Cortlandville and Chris O. Whible and Wendy I. Whible, 5 OK Street, McGraw, New
York regarding the extension of loan funds by the Town's CDBG Program for the total amount of
$27,062.89.
1
1
JUKE 19, 2013 TOWN BOARD MEETING PAGE 34
34I
Councilman Proud gave the Board an update regarding the installation of new iPerl
water meters throughout the Town, a project which started approximately two years ago.
Approximately 1500 water meters have been replaced, while 9 customers have not yet upgraded
to the new iPerl meter. Councilman Proud stated there was no charge to the customer for the
installation of the new meter.
Councilman Proud explained the Town's old meter system and the process for reading
the meters, which took about three weeks to accomplish, four times per year. Also, there was no
indication of how much water was being used between readings. The new iPerl meters and
system allow the Town to obtain daily readings of how much water is pumped from the well,
which is important to minimize water loss. Councilman Proud also explained that the new water
meters do not contain any lead whatsoever, unlike the old meters. Regulations are being passed
by the federal government regarding lead so the Town would have had to eventually replace the
water meters.
Councilman Proud stated that the new iPerl meters were a benefit to the residents. With
the new program water consumption can be broken down to hourly reads which helps to detect
water leaks.
Councilman Proud thanked the Town Clerk's office for their role in the meter
replacement process, and the Water & Sewer Department employees for installing the new
meters. Councilman Leach thanked Councilman Proud for his role in process and for keeping
the Board informed. He stated that the Town's new water metering system was "on the cutting
edge" of technology.
Supervisor Tupper reminded the Board and the public that the next Town Board Meeting
would be held Wednesday, July 10, 2013 at 5:00 p.m. at the Cortland County Jr. Fair at the J.M.
McDonald Center.
Councilman Leach mentioned that the he recently adopted a dog from the Cortland
County SPCA. He stated he was very impressed with the facility and those who work there and
volunteer their time.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on July 2, 2013.
The draft version of this meeting was approved as written at the Town Board meeting of July 10, 2013.
1