Thursday, June 01, 2006

Model wind energy ordinance (2)

From the Town Code of the Town of Malone (N.Y.) (enacted May 24, 2006, by unanimous vote):

Wind Energy Facilities

Article II. Small Wind Energy Conversion Systems [WECS]

§ 80–11. Development Standards

1. A system shall be located on a lot a minimum of one acre in size. However, this requirment can be met by multiple owners submitting a joint application, where the aggregate size of their lots is at leaste one acre.

2. Only one Small WECS (plus, where authorized, a temporary wind measurement tower) per legal lot shall be allowed.

3. Small WECS shall be used primarily to reduce the on-site consumption of utility-provided electricity.

4. Tower heights shall be limited as follows:
a. 65 feet or less on parcels between one and five acres.
b. 80 feet or less on parcels of five or more acres.

5. The maximum turbine power output is limited to 10 KW.

6. The system's tower and blades shall be painted a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize and visual disruption.

7. 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). Facilities shall not exceed the ridgeline level, where the the ridgeline is defined as the average height of the summer-time vegetation on the parcel.

8. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

9. All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, towers, and lines.

10. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptyl mitigate the harmful interference or cease operation of the system.

11. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo, or advertising shall be placed or painted on the tower, rotor, generator, or tail vane where it would be visible from the ground ...

14. Construction of on-site access roadways shall be minimized. Temporary access roads utilized for initial instllation shall be re-graded and re-vegetated to the pre-existing natural condition after completion of installation.

§ 80–12. Standards

1. Setback requirements. A Small WECS shall not be located closer to a property line than one and a half times the total height of the facility.

2. Noise. Except during short-term events including utility outages and severe wind storms, a Small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed [L10-]50 decibels (dBA), as measured by an unweighted meter at the closest property line.

§ 80–13. Abandonment of Use

A. A Small WECS which is not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property within 24 additional months at the expense of the property owner.

B. All Small WECS shall be maintained in good condition and in accordance with all requirements of this section.

[Click here for Articles I (Findings and Permits Required) and III (Variances)]

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