Site plan review. The following submission guidelines shall be required for Planning Board applications:
(1) Wind system design.
(a) Tower: The tower shall be either steel lattice or solid tube monotower and designed to handle the maximum potential load as certified by a New York State licensed engineer. In addition, under no circumstances shall the height of the system exceed the height specified by the manufacturer of the system.
(b) Minimum blade height: The minimum distance between the ground and the turbine blades must be 25 feet, measured at the lowest point of the blade arc.
(c) Color: The tower shall maintain a neutral, nonreflective exterior color that blends with the surrounding environment.
(d) Advertising: No wind tower, turbine, building or other structure associated with a wind energy system may be used to advertise or promote any product or service. A weather-resistant sign on the exterior of the tower, no greater than two square feet in size, shall include the name and address of the current owner, twenty-four-hour emergency phone number and the model and serial number of the system. Such weather-resistant sign shall be viewable by a Code Enforcement Officer. Such sign shall also warn of electrical shock or high voltage. No other word or graphic representation, other than appropriate warning signs, may be placed on a wind turbine, tower, building or other structure associated with a wind energy system so as to be viewable from any public road.
(e) Lighting: Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be designed to minimize glare on abutting properties and, except as required by the FAA, be directed downward with full cutoff fixtures to reduce light pollution.
(f) Access to tower: The base of the tower shall not be climbable for a distance of 15 feet or the tower shall be enclosed with a six-foot-tall fence.
(g) Emergency access: To the greatest extent possible, existing roadways shall be used for access to the tower. In case a new roadway must be constructed to access the wind energy system, it shall be constructed to allow for the passage of emergency vehicles. Each application shall include a letter from the Oswego Fire Department certifying acceptable emergency access to the wind system.
(h) System braking: The wind energy system shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, turbine components or enclosed shelter. The applicant shall file an Emergency Procedures Plan with the City of Oswego Code Enforcement Office explaining how the wind energy system may be shut down in case of an emergency.
(2) Plot plan and development drawings: All plans and drawings shall be prepared by a New York State licensed engineer that describe the following:
(a) Property lines and physical dimensions of the proposed site, including contours at five-foot intervals.
(b) Location, dimensions and types of all existing structures and uses on the site.
(c) Location and elevation of the proposed on-site wind energy system.
(d) Location and size of structures or trees above 30 feet within a 500-foot radius of the proposed wind energy system.
(e) Location of all roads and other service structures proposed as part of the installation.
(f) Location of all existing aboveground utility lines, transmission towers and existing wind energy systems within 1,200 linear feet of the site.
(g) Where applicable, the location of all transmission facilities proposed for installation.
(h) Soil type at construction site, along with an engineering analysis of the tower showing compliance with the Uniform Statewide Building Code.
(i) Line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information can be supplied by the manufacturer.
(j) Compliance 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.
(k) Wind survey or other substantiation demonstrating that the proposed site is capable of meeting the manufacturer's specified electrical output. Any such wind survey or other substantiation must be conducted at the exact proposed construction site so as to demonstrate the existence of sufficient wind to power the system.
(l) Landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material.
(m) Shadow/flicker: Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that flicker does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.
(n) Land clearing, soil erosion and habitat impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations and ordinances.
(o) Scenic view impact: A wind energy system shall not be installed in a location where the Planning Board determines the wind system to be detrimental to the general neighborhood character. Final determination of permissible system height and location on a lot shall be decided by the Planning Board as part of the site plan review. A wind energy system shall not be installed in a location that would substantially detract from or block a scenic view, as viewed from any public road right-of-way, publicly owned land or privately owned land within the City of Oswego.
(p) State Environmental Quality Review Act requirements: A full environmental assessment form, including a visual impact analysis, shall be submitted with the application for site plan review.
(q) Visualizations: The Planning Board shall select between three and eight sight lines, including from the nearest building with a view of the wind facility, for preconstruction and postconstruction view representations. Sites for the view representations shall be selected from populated areas or public ways within a one-mile radius of the wind facility. View representations shall have the following characteristics:
[1] Within 21 days of filing of a special permit, the applicant shall arrange for a balloon test (with a balloon diameter of at least eight feet), or a crane test, at the proposed site to illustrate the height and position of the proposed tower. The date (and alternate dates to allow for inclement weather), time and location of such test shall be advertised in the City's official newspaper at least 15 days, but not more than 21 days, prior to the primary date of the test. The balloon or crane test shall be conducted for at least two days, one of which shall be a Saturday or a Sunday.
[2] The applicant will submit photographs showing the wind energy system imposed on the photograph with the tower height established in reference to a balloon flown to the proposed height at the site.
[3] View representations shall be in color and include actual preconstruction photographs and accurate postconstruction simulations of the height and breadth of the wind energy system (e.g., superimpositions of the wind facility onto photographs of existing views).
[4] Scaled use shall depict a one-mile radius as not smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features, buildings and tree coverage.
[5] Each view representation shall include a description of the technical procedures followed in producing the visualization (distances, angles, camera lens, etc.).
(r) Avian impact study: No impact study for birds and bats will be required for residential wind systems of 100 feet and under; industrial and commercial towers over 100 feet in height will require an avian impact study.
