TOWN OF RIVERHEAD
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 3rd day of February, 2015 at 2:05 o’clock p.m. to amend Chapter 108, entitled “Zoning” of the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 108
Zoning
Article X (Reserved) Wind Energy Conversion Systems.
§ 108-42 (Reserved) Legislative Intent.
The purpose of this amendment is to provide regulations to facilitate the development and operation of wind energy conversion systems within the Town of Riverhead in all zoning districts and parcels within Suffolk County Agricultural Districts No. 7. Such amendments seek to encourage the use of small scale generation of electricity for on-site consumption as an accessory use to other activities located on the same lot. Further, the intent is to minimize any adverse impacts of wind turbines on the character of the neighborhoods, property values, scenic, historic, and environmental resources of the town; and to protect the health and safety of its inhabitants, while allowing wind energy technologies to be utilized. To the extent possible, this Code amendment also seeks to enact legislation that will offer some consistent standards and practices throughout the East End Towns and Villages of Suffolk County.
§108-43 (Reserved) Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
HEIGHT, WECS TOTAL — When referring to a wind energy conversion system, the distance measured from the grade level at the center of the foundation to the highest point on the structure (including the blades), even if said highest point is a lightening protection device or any other allowable apparatus attached to the wind energy conversion system.
TOWER, LATTICE — A freestanding framework tower, typically consisting of cross-bracing of structural steel connected into a framework.
TOWER, MONOPOLE — A freestanding wind energy conversion system support structure consisting of a single pole, without guy wires or ground anchors.
TOWER, GUYED — A freestanding wind energy conversion system support structure consisting of a single pole supported by tensioned cables (guy wires) anchored to the ground.
WECS, HORIZONTAL AXIS — A wind turbine where the main rotor shaft is set horizontally and the main components such as gearboxes and generators are located at the top of the tower.
WECS, VERTICAL AXIS — A wind turbine where the main rotor shaft is set vertically and the main components such as gearboxes and generators are located at the base of the turbine.
WIND ENERGY CONVERSION SYSTEM (WECS) — An accessory structure designed and constructed or erected for the purpose of converting wind energy into electrical power.
§ 108-44 (Reserved) Applicability, Permitted Locations, General Requirements
A. Applicability
WECS shall be permitted, installed, and erected in the Town pursuant to a building permit so long as they meet the provisions of this Chapter 52 and all applicable sections of the Code of the Town of Riverhead. Further, no building permit shall be issued to construct a WECS until all other applicable permits have been secured. WECS may be considered either principal or accessory uses; with the Town Building and Zoning Administrator making such determinations as appropriate.
B. Permitted Locations.
WECS shall be constructed pursuant to a Building Permit so long as the WECS meets the criteria set forth in subsection C of this Section, subject to obtaining all other necessary approvals. However no WECS shall be located in the avoidance areas listed below as “Areas of Potential Sensitivity” unless written approval is granted by the applicable municipal board and upon site plan review as provided in Article in accordance with its standard procedures.
- Areas of Potential Sensitivity: WECS proposed in any of the following areas are subject to additional review and approval by the applicable municipal board:
a. Flood hazard zones.
b. WECS located upon historically and/or culturally significant resources, unless it can be demonstrated that an installation will not adversely affect the historic resource.
c. Within any Tidal or Freshwater Wetland Regulated Area as provided under Chapter 107 of the Code of the Town of Riverhead.
d. In any erosion hazard area as established under Chapter 12 of the Code of the Town of Riverhead.
C. General Requirements.
All permit applications shall be submitted to the Building Department on forms it provides and shall comply with all the requirements therein, including but not limited to the following:
- Applications. All applications for a building permit shall include the following items which may be satisfied by documentation supplied by the manufacturer:
a. Certification by the installer that the WECS complies with all applicable FAA regulations and all applicable state and/or local building codes.
b. A one-line diagram of the electrical components on the plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.
c. Standard drawings of the wind turbine structures, including the tower, base, and footings.
d. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer.
e. Soil Studies. Soil studies shall be required for WECS having turbine installations greater than 20kw or those to be located on non-standard soil conditions such as gravel, sand, muck, dune, beach, or dredge spoil. No soil studies shall be required for all other WECS, provided the manufacturer thereof submits a certification stating that the WECS and its foundation are suitable for installation in the soil at the proposed location.
f. Certification by the manufacturer indicating that noise measurements are accurate and comply with the noise ordinance levels as provided in Chapter 81 of the Town Code of the Town of Riverhead. The sound emanating from the WECS shall not exceed such levels, except during utility outages, severe wind storms or other short-term events beyond control of the owner of the WECS. In the alternative, a certificate may be submitted from a professional acoustical engineer indicating same.
g. Utility Notification. No WECS to be connected to the local Utilities’ grid system or otherwise using externally provided electrical power shall be installed until written notice thereof is given to such provider.
2. Overspeed Controls. All WECS shall be equipped with manual and automatic overspeed controls, whose design and fabrication, together with the design and fabrication of its rotors, shall conform with good engineering practices as certified by its manufacturer.
3. Conduits. All new conduits as required for the WECS that can be located underground shall be installed underground.
4. Signs or other Appurtenances. Except for equipment needed to operate, maintain, monitor and secure the system, no signs, television, radio, cell phone or other antennas, advertising materials or any other appurtenances shall be placed, painted on or affixed to the WECS.
5. Guy Wires. If guy wires are used the point of ground attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above ground. Anchor points for any guy wires shall be located at least 10 feet inside any property line.
6. Clearances, Tower Height. The minimum distance between the ground and any part of the rotor, blade or any other moving part of a ground mounted, Horizontal Axis WECS shall be 30 feet and no climbing pegs or similar means of access to such moving parts shall be less than 12 feet from the ground.
7. Design Standards.
a. Color. To the maximum extent feasible, consistent with all applicable FAA safety regulations and in compliance with all the other requirements in this Chapter, the WECS shall be designed and located so as to blend with the existing surroundings of its site, using compatible colors, materials and topography, vegetation and other natural screening features at the site. Specifically, the WECS’s tower, blades and any other parts visible apart from its site, if painted, shall be painted in a non-reflective, unobtrusive color, which reduce the visual impacts when such parts extend above the height of vegetation, and which blends the system and its components into the surrounding landscape to the greatest extent possible.
b. Modifications. Excluding services and preventative maintenance, no alterations, additions, modifications, substitutions or deletions shall be made to such WECS without approval of the Building Department.
c. Lighting. No exterior lighting shall be permitted on or about the WECS except as specifically required by the FAA.
8. Setbacks for Residential Zones and Agricultural Districts/Parcels. All WECS shall be setback from any adjoining property line a distance at least equal to 120% of the WECS Total Height.
9. Setbacks for Industrial/Commercial Zones. All WECS shall be setback from any adjoining property line a distance of at least equal to 120% of the WECS Total Height unless the adjoining property is residentially zoned, and then the setback shall be at least equal to 120% of the WECS Total Height.
§ 108-44.1 (Reserved) WECS in Residential Zones.
The following minimum requirements must be met when proposing to install a WECS in residential zoning districts. If all such provisions are met, the WECS is considered a permitted accessory structure/use.
A. Tier I Criteria for Building Permit.
1. Minimum lot area of 80,000 square feet.
2. Maximum rotor diameter of 5 feet.
3. For a roof mounted WECS, the WECS Total Height cannot exceed 6 feet 6 inches above the highest point of the roof line but at all times comply with section (Insert Pyramid Section) of the Town Code.
4. Ground Mounted WECS.
a. No more than one WECS is allowed.
b. Horizontal Axis WECS must be constructed with no guy wires, and no greater than forty (40) feet in WECS Total Height.
c. Vertical Axis WECS cannot exceed 40 feet in WECS Total Height.
B. Tier II Criteria for Building Permit.
1. Minimum lot area of 120,000 square feet.
2. Proposes no more than one ground mounted tower per 120,000 square feet of property, with a WECS Total Height less than eighty (80) feet.
3. Multiple turbines must be separated by a distance of at least three hundred (300) feet from the center of the tower at the foundation.
C. Tier III Criteria for Building Permit:
- Minimum lot area of 160,000 square feet.
- Proposes no more than one ground mounted tower per 160,000 square feet of property, with a WECS Total Height of less than one hundred and twenty (120) feet.
- Multiple turbines must be separated by a distance of at least three hundred (300) feet from the center of the tower at the foundation.
§ 108-44.2 (Reserved) WECS in Industrial/Commercial Zones.
The following minimum requirements must be met when proposing to construct/install a WECS in an industrial/commercial zoning district. If all such provisions are met, the WECS is considered a permitted accessory structure/use.
A. Tier I Criteria for Building Permit.
- Minimum lot area of 40,000 square feet.
- Maximum rotor diameter of 5 feet.
- For a roof mounted WECS, the WECS Total Height cannot exceed 6 feet 6 inches above the highest point of the roof line but at all times comply with section (Insert Pyramid Section) of the Town Code.
- Ground Mounted WECS.
a. No more than one WECS is allowed.
b. Horizontal Axis WECS must be constructed with no guy wires, and no greater than forty (40) feet in WECS Total Height.
c. Vertical Axis WECS cannot exceed 40 feet in WECS Total Height
B. Tier II Criteria for Building Permit.
- Minimum lot area of 80,000 square feet.
- Proposes no more than one ground mounted tower per 40,000 square feet of property, with a WECS Total Height Less than eighty (80) feet.
- Multiple turbines must be separated by a distance of at least three hundred (300) feet from the center of the tower at the foundation.
C. Tier III Criteria for Building Permit.
- Minimum lot area of 120,000 square feet.
- Proposes no more than one ground mounted tower per 120,000 square feet of property, with a WECS Total Height of less than one hundred and twenty (120) feet.
- Multiple turbines must be separated by a distance of at least three hundred (300) feet from the center of the tower at the foundation.
D. Tier IV Criteria for Building Permit.
- Minimum lot area of 160,000 square feet.
- Proposes no more than one ground mounted tower per 200,000 sq. ft. or greater of property with a WECS Total Height of less than one hundred sixty (160) feet.
- Multiple turbines must be separated by a distance of at least three hundred (300) feet from the center of the tower at the foundation
§ 108-44.3 (Reserved) Agricultural District/Parcels
Agricultural District/Parcels.
Consistent with the General Requirements set forth in Article VII of this Chapter WECS are permitted on parcels in the Suffolk County Agricultural District No. 7 as structures customarily accessory and incidental to agricultural production as the same is or shall hereafter be defined in § 301 of the New York State Agriculture and Markets Law, in accordance with the aforementioned procedures.
§ 108-44.4 (Reserved) Other Regulations, Inspection, Maintenance and Abandonment.
A. Regulatory Compliance. To ensure the structural integrity of the WECS, the owner of a WECS shall maintain it in compliance with standards contained in applicable state and/or local building codes (to include hurricane and tornado building standards). If, upon inspection, the Town concludes that a WECS fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the WECS, the owner shall have 30 days to bring such WECS into compliance with such standards. Failure to bring such WECS into compliance within said 30 days shall constitute grounds for removal of the WECS at the owner’s expense.
B. In addition to any remedies provided in the Chapter 81 of the Code of the Town of Riverhead, if maximum decibel readings are exceeded, the violation shall be corrected within 90 days from the date of notification or the WECS shall be removed and/or relocated by the Town of Riverhead at the owner’s expense.
C. The applicant and/or owner shall maintain the WECS in good condition.
D. The Building Inspector and/or the Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind energy conversion system has been constructed to inspect all parts of said wind energy conversion system installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or in the structural stability of the system. If necessary, the Building Inspector or Town Engineer may order the system secured or otherwise cease its operation. It shall not be required that the owner or his agent be present in the event of an emergency situation involving danger to life, limb or property. The owner shall have 30 days to bring such WECS into compliance with such standards and failure to do so shall constitute grounds for removal of the wind conversion system at the owner’s expense.
E. WECS that are not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. WECS that are not removed within the time frames described herein may be removed by the Town or a contractor designated by the Town, and the owner shall reimburse the Town for its costs in removing the WECS.
- Overstrike represents deletion(s)
- Underscore represents addition(s)
Dated: Riverhead, New York
January 6, 2015
BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, TOWN CLERK
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