MapLink™ | Procedures | Wind Farm Permits

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Wind Farm Permits
Wind Energy Overlay District.
The Wind Energy Overlay District is that area of land within the Town of Jerusalem bounded on the north by the Jerusalem-Potter Town Line, on the east and southeast by the Italy Friend Road, and on the west by the Jerusalem-Italy Town Line. 

Legislative authority; Planning Board approval; permit required; fees.
A. This law is enacted pursuant to Article 16 of the New York State Town Law and § 10 of the Municipal Home Rule Law.
B. The Town Planning Board is hereby authorized to approve, approve with conditions, or disapprove up to 30 commercial wind energy conversion units (CWECUs) within the Wind Energy Overlay District in accordance with § 264 of the New York State Town Law. No CWECU is to be approved outside of the Wind Energy Overlay District.
C. No CWECU or any portion thereof shall be located or operated in the Town unless it is in accordance with a permit duly issued by the Town Planning Board under this article.
D. The Town Planning Board shall determine on a case-by-case basis, based upon the specific aspects of the application and the complexity of the application, whether an independent professional engineer or consultant will be required to assist in the review of an application. If the Planning Board determines that independent professional or consulting services are required, the applicant shall be responsible for any and all fees associated with such services. The costs of such services shall be limited to the reasonable standard fees for such independent third party review. The Town shall bill the incurred costs for third party reviews. Failure to pay such billed costs shall constitute a withdrawal of the applicant's application under this article, and such application shall be considered null and void by the Town for all purposes related thereto.

Procedure for approval of application.
A. A completed application for a CWECU or a commercial wind energy conversion system (CWECS) shall be submitted to the Town Clerk at least 15 business days prior to a regular meeting of the Town Planning Board. The applicant or his duly authorized representative shall attend the meeting of the Planning Board to discuss the application.
B. Within 62 days after the Town Planning Board has determined the application to be complete, it shall hold a public hearing. Notice of such public hearing shall be published in the official newspaper of the Town at least 10 days prior to the date thereof. The applicant shall give notice in writing by certified mail to all property owners of record of the land within two miles of the parcel (or parcels) where the site is proposed. The applicant shall mail these notices at least 10 days in advance of the public hearing scheduled in the matter, and file with the Town Clerk the United States Post Office receipts as proof of such notification being made prior to the public hearing date.
C. Within 62 days of the close of the public hearing, the Town Planning Board shall approve, conditionally approve, or disapprove the application. The time in which the Planning Board may render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Town Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

Application requirements.
The applicant shall submit 15 copies of the application required by § 160-145 and a site plan showing the following information, unless one or more of such requirements are waived by the Town Planning Board for good cause. In addition, the Town Planning Board may request any and all additional information the Town Planning Board might deem necessary for review of such application, but such additional requested information must be reasonable in scope and relevant to the application being reviewed:
A. Name of the project, a map indicating boundary lines of the parcel (or parcels) that the project will include and the proposed site location(s), date, North arrow and scale of the plan. The maps shall include an overall map of the project, as well as individual site maps for each proposed CWECU.
B. Name and address of the owner(s) of record of the parcel(s) where the project is proposed to be sited; name and address of the project sponsor and the signed seal, including the name and address, of the engineer, architect, or surveyor preparing, or assisting in the preparation of, the site plan.
C. Name and addresses of all owners of record, as indicated in the Yates County Clerk's office, of all adjacent property owners to the project and all property owners of any and all parcels within the property setback requirements as specified.
D. A map showing all existing lot lines, easements and rights-of-way, and a sketch plan showing proposed road access, including provisions for paving, if any, proposed transmission lines and accessory facilities, and location of all existing and proposed utility systems to the project.
E. A survey of the land to be leased, if applicable.
F. A map showing existing microwave and communication links within the project boundaries.
G. A map showing existing and proposed topography at two-foot contour intervals.
H. A site plan showing all existing natural land features, trees, forest cover, watercourses, wetlands and all proposed permanent changes to these features, including size and type of plant material and erosion control measures.
I. A fully completed State Environmental Quality Review Act (SEQRA) Environmental Assessment Form.
J. A visual impact study assessing the visibility of the project from key viewpoints relative to such project, existing tree lines, and proposed elevations. This study shall be digitally enhanced to simulate the appearance of the as-built project as such completed project would appear from distances specified by the Planning Board within a five-mile radius of the location of such project, or any portion thereof. Additional pictures from specific locations may be required by the Town Planning Board, and all such pictures shall be in color and no smaller than five inches by seven inches.
K. Documentation of the proposed intended capacity of energy generation to be derived from the completed project.
L. Preliminary report prepared by the applicant describing:
(1) Surrounding topography in relation to the capabilities for generation of electricity by wind and why the project site was selected for development.
(2) Required improvements for construction activities, including those within the public right-of-way or land controlled by the Town of Jerusalem.
(3) Proposed mitigation measures for visual impacts of any and all components, structures, and materials related to the CWECS or individual CWECU including, but not limited to, commercial wind energy conversion units (CWECUs), substation(s), wind measurement towers, support structures and access roads.
(4) Proposed safety measures to mitigate any potential CWECU failure.
(5) Documentation and justification for any proposed land clearing around structures within the project.
M. Elevation map showing the CWECU's height and design, including a cross-section of the structure and components of the nacelle; statement of compliance documenting the unit's compliance with applicable structural standards; and the CWECU's abilities in terms of producing energy.
N. The applicant shall provide shadow flicker and blade glint information for the area within the boundaries of the parcel upon which the project, or any portion thereof, is to be sited and for any additional area located within a radius of one mile beyond the boundaries of said parcel. Such information shall include a shadow flicker zone map and documentation of the nonreflective coating for the blades. Accompanying such information shall be the proposed schedule with which the nonreflecting coating for the blades shall be reapplied as based on the manufacturer's suggested life of the coating product.
O. The applicant shall also state the following:
(1) Identify the most likely locations of shadow flicker, estimate the expected duration of such shadow flicker at these locations per day, and calculate the potential total number of hours per year at each location such shadow flickers may occur.
(2) Identify potential problem zones where shadow flicker may interfere with existing residences, and describe proposed measures to mitigate these problems, including but not limited to a change in siting of the unit, a change in operation of the unit, or grading or landscaping mitigation measures.
(3) Provide tax identification numbers for all properties within the potential shadow flicker zones.
P. The applicant shall submit a lighting plan. This must include location and type of lighting, as well as the expected impact on residential property within a five-mile radius of the project and must be in compliance with FAA minimum lighting requirements and meet the lighting requirements of § 160-48E.
Q. Description of the applicant's ten-year plan for the project that shall include the estimated market demand and long-term project expansion needs within the Town associated with the project for the duration of the required ten-year plan.
R. Report showing soil logs and soil profile analysis for any area being disturbed as part of the project.
S. A complete stormwater pollution prevention plan to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, in compliance with New York State Phase II regulations and Town of Jerusalem Steep Slopes Law.
T. The applicant shall, in consultation with the Town of Jerusalem and Yates County, establish an emergency preparedness plan, to be implemented in the event of an emergency requiring immediate response or attention during the construction and operation of the commercial wind energy conversion system or any portion thereof.
U. The applicant shall present a spill containment response plan, to be implemented in the event of any environmental contamination resulting from, but not limited to, oil or other chemicals. A performance bond or other appropriate mechanism shall be required to deal with this possibility. Such bond or other security shall be filed with the Town Clerk annually and kept in force.
V. Proof of all required surety or other financial requirements related to the project. Such proof may include, but is not limited to, proof of liability insurance, decommissioning funds, development mitigation funds and all other financial requirements related to the application.
W. A proposed agreement between the owner and operator of the CWECU or CWECS to be approved by the Planning Board that will cover the following topics:
(1) A payment in lieu of taxes (PILOT) if the project will be exempt from real property tax;
(2) A plan for repairing and maintaining Town highways due to damage caused by traffic in excess of that for which such highways are designed;
(3) A plan for decommissioning the improvements when they have served their useful purpose;
(4) Such other topics as the Planning Board shall reasonably require.

A. Routine inspection report. An inspection report prepared by a qualified professional engineer licensed in the State of New York shall be required at the completion of the installation of the CWECU or CWECS. Said inspection report shall certify that the wind energy system and any portion thereof complies with all manufacturing specifications and any and all rules, regulations and statutes pertaining thereto. Said inspection report shall be filed with the Code Enforcement Officer and the Town Clerk.
B. During construction. During construction of a permitted facility, the Code Enforcement Officer shall have access to the project for the purpose of making inspections of the progress of construction to insure compliance with applicable rules and regulations.
C. Insurance, liability. Prior to the issuance of a building permit regarding an approved CWECS, the applicant shall file with the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance in a reasonable level as determined by the Town Board in consultation with the Town's insurer, guided by industry standards, to cover damage or injury which might result from the CWECS or any portion thereof. Such liability insurance shall also name the Town and the current property owner of record as an additional insured, unless said property owner waives such coverage in writing.
D. National and state standards. In addition to any requirements of this article, the applicant shall show that all applicable manufacturers, New York State and United States standards for the construction, operation and maintenance of the proposed CWECUs have been met or are in compliance. CWECUs shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
E. Continuing obligations. All requirements detailed in this article shall remain in full force and effect for the duration of the granted permit.

Penalties for offenses.
Any person who violates or knowingly permits the violation of this article or any amendment thereto shall be deemed to have committed a violation and shall be subject to the following penalties: a minimum of $25 to a maximum of $350 per day or 15 days imprisonment, or both. Every week such violation is determined to have existed shall be deemed to constitute a separate and additional offense for which the person may be subject to the penalties set forth herein.

See Article XXIV: Wind Farms for more detailed information.
See Forms and Applications for more information on permits.