Required permits. No person, being the owner or occupant of any land or premises within the City of Oswego, shall use or permit the use of land or premises for the construction of a tower for an on-site wind energy system without first obtaining site plan approval from the Planning Board and a special use permit from the Zoning Board of Appeals.
(1) Special use permit: In addition to the criteria established by definition in
§ 280-91: Special permits, the following criteria are hereby established for purposes of granting a special use permit for a wind energy system:
(a) Ownership: Ownership of the wind energy system shall be the same as the owner of the fee interest in the real property upon which it is located. In the event of transfer of ownership of the property, the ownership of the wind energy system shall also be transferred to the new owner or the system shall be decommissioned and removed.
(b) Zoning district lot requirements: Wind energy systems are permissible in the SR, UR, CB, and Industrial districts only. A wind energy system shall not be allowed on any parcel unless a main structure occupied by inhabitants more than 25% of the time exists thereon. In any event, there shall be no more than one wind energy system per parcel.
(c) Net metering requirements: The applicant shall certify that he/she will comply with the requirements contained in the New York State net metering law and accompanying regulations unless the applicant intends, and so states on the application, that the wind energy system will not be connected to the utility grid.
(d) Proximity to radio, television, telephone and wireless internet systems: A wind energy system shall not be located in an area where its proximity interferes with existing fixed broadcast, retransmission or reception antennas for radio, television, or any microwave transmission systems such as cell phone towers or wireless Internet transmission systems.
(e) Noise limitations: Noise emanating from wind energy systems shall not exceed 50 decibels, as measured at the closest property line. The maximum noise level may be exceeded during short-term events such as severe storms involving high wind speeds (greater than 30 miles per hour).
(f) Height: The height of the system shall not exceed 100 feet for residential applications and 200 feet for commercial applications and 300 feet for industrial applications.
(g) Lightning protection: All wind energy systems shall have lightning protection.
(h) Underground electrical connection: All power lines from the wind turbine to interconnecting electrical equipment must be located underground and meet all applicable national and state electrical codes, and underground power lines shall be recorded with the New York Underground Facility Protection Organization (UFPO).
(2) Setbacks: Wind energy systems shall comply with all setbacks within the affected zoning district, in addition to the requirements listed below. If setback requirements overlap between the affected zone and this section, the more stringent requirement(s) supersede(s):
(a) All wind energy systems will be placed in the rear yard.
(b) Setback distances shall be equal to 125% of the system height from all adjacent property lines.
(c) Setback distances shall be equal to 125% of the tower fall/collapse zone from any dwelling inhabited by humans on the proposed site.
(d) Anchor points for guy wires for the on-site use of a wind energy system tower shall be located no closer than five feet from the property line and shall not be placed on or across any aboveground electric transmission distribution lines. Cover all anchors and guy wires. All guy covers or cables shall be colored with high visibility orange or yellow paint for 10 feet above the ground.
Public hearing. No action shall be taken by the Zoning Board of Appeals to issue a special use permit until after a public notice and hearing. Notice of the public hearing shall be published in the official newspaper of the City of Oswego at least 10 days before the date set for such hearing, and written notice of the hearing shall be mailed to the applicant or his/her agent at the address provided in the application at least 10 days before such hearing. The City of Oswego Zoning Office, in turn, shall be responsible for notifying, by USPS certified mail, all property owners of record within 200 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the City Assessor. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
Waiver. The City of Oswego Planning Board may, under appropriate circumstances, waive one or more of the submission requirements contained herein.
Insurance. Prior to the issuance of any special use permit under this chapter, the applicant shall provide the Zoning Board of Appeals proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, that liability insurance has been obtained to cover any property damage or personal injuries which might result from the failure of the wind energy system or any part thereof. In the event of a transfer of ownership of the property containing a wind energy system, the new owner shall be required to provide the Zoning Board of Appeals proof that it has obtained the requisite property and personal liability insurance coverage under this section. An insurance policy issued under this section shall provide for notice to the Zoning Board of Appeals in the event that such policy is cancelled. Such insurance policy may be an existing homeowners' or farm insurance policy for the property on which the wind energy system is to be located. The Oswego Common Council, in consultation with the City of Oswego's insurers, may set the level of insurance required under this section at whatever level it deems adequate.
Power to impose conditions. In granting any site plan approval, special use permit or variance for an on-site wind-energy-producing system, the Zoning Board of Appeals or Planning Board, as the case may be, may impose reasonable conditions to the extent that such Board finds that these conditions are necessary to minimize any adverse effect or impact on neighboring properties or on the community.
Inspections. The Code Enforcement Office shall have the right at any reasonable time to enter, in the company of the owner or his/her agent, the premises on which a wind energy system is being or has been constructed to inspect all components of the installation. When practicable, the City officers shall provide the owner with written notice of his/her intent to conduct an inspection at least 24 hours before such inspection. Upon inspection, the City officers may order the owner to make repairs or alterations to the system in the event that the system is deemed deficient or dangerous and may order that the wind energy system cease operation until such repairs or alterations are made. In the event that the wind energy system is deemed to pose an immediate danger to life or property, the City officers shall have the right to enter the property forthwith, without the owner being present, and to take such action as is deemed reasonably necessary to eliminate such danger.
