HomeMy WebLinkAboutLL 2007 #15#8540
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Dina MacDonald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspa~ce each week for
1 week(s), successively, corpmcnc, Lna on the ,~4'n dm of October, 2007.
"lSrincipal Clerk
Sworn to before me this '//-'~ day of ~)~ ~'~-
CHRISTINA VO[~NSKI
HOTARY PUBLtC-STATE OF NEW 'YORK
NO, 01.V06105050
Qualified in Suffolk County
commission Expires Februa~ry 28, 2008
LEGAL NOTICE
N ! E D N
NOTICE IS HEREBY GIVEN, there
had been presented to the Town Board
of the Town of Southold. Suffolk County,
New York, on the 13th day of March.
2007 a Local Law entitled "A Loeul [aw
in relation to Wind Energy Systems for
Agricultural Uses" AND
WHEREAS the Town Board of the
Town of Southold held a public hear-
ing on the aforesaid Local Law at the
Southold Town Hall, 53095 Main Road,
Southold, New York, on the 24th day of
April, 2007 at 4:45 p.m. at which time ali
interested persons were given an oppor-
tunity to be beard,NOW THEREFORE
BE IT
RESOLVED that the Town Board
of the Town of Southold finds that this
Local Law is CONSISTENT with the
LWRP and be it further
RESOLVED that the Town Board of
the Town of Southold hereby ENACTS
the proposed Local Law entitled. "A Lo-
cal [aw in gelafion tu Wind Enert. v Svs-
tam r A ' tel "that reads
as follows:
LOCAL LAW NO. 15 of 2007
A Local Law entitled, ~
in relation to W'md Energy Syslems for
BE IT ENACTED by the Town Boa rd
of the Town of Southold as follows:
L Purpose - In order to provide for
the health, safety and welfare of the
citizens of the Town of Southold, the
Town Board of the Town of Southold
finds it appropriate to encourage the
development of small wind energy sys-
terns attendant to bona fide agricultural
uses, and to provide standards for such
systems. The overriding goat of this 1o:
cai law is to promote the reduction of
on-site consumption of utility power for
such uses, while protecting from any ad-
verse effects of such system~
Il. Chapter 280 of the Code of the
Town of Southold is hereby amended,
as follows:
§ 280- 4. Definitions.
SMALLWlND ENERGY SYSTEM
-- A wind energy conversion system con-
sisting of a wind turbine (not to exceed
25 kilowatts of production), a tower,
and associated control or conversion
electronics, which has a rated capac-
ity intended primarily to reduce on-site
consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) Dis-
trict and Residential R-80, R-120, R-200
and R400 Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
I5] Small wind energy systems on nar-
eels creater than seven (7] acres in size.
Which oarcels are dedicated vrimarilv to
uses necessary for bona fide aericultural
production, and sub)ect to the standards
provided in Chanter 277 of this Town
Code.
m. A new Chapter 277 of the Code of
the Town of Soufi~old is hereby adopted,
as follows:
~ 277-1. Definitions.
SMALL WIND ENERGY SYSTEM
--/k wind energy conversion system con-
sistin~ of a wind turbine (not to exceed
25 kilowatts of oroductinnL a tower.
and associated control or conversion
electronics, which has a rated capac-
i,ty intended nrimarilv to reduce on-site
consumvtion'nf utility nower.
TQWER HEIGHT - The heieht
above grade of the fixed nortion of a
tower that is hart of a so/all wind enemy
system, exclusive of the wind turbine. I$ 277-2. Annlication.
Aovlications for small wind energy
_sy_stems shall be submitted to the Town
of Southold BuildinE Department and
shall include:
il, Name. address, telephone number
of the apolicant. If the aonlicant will be
r-epresented by an aaent, the name. ad-
dress and teleohone number gl the a~ent
as well as an original signature of the ao-
nlicant aathorizina the anent to revre-
sent the aoolicant.
b~ _Name. address, telenhone number
of the property owner. If the nrovertv
owner is not the annhcaBt, the anulica-
finn shall include ~ letter or other writ-
ten permission started bv the vroperW
owner (il confirmin~ that the monertv
9wver is familiar with the orovosed
vlications and (ii/ authorizina the sub-
lgission of the aoofieatinn.
c. Address of each nrovosed tower
_site. includina tax map section, block
andlot mimber.
~!, Evidence that the t~ronosed tower
heiaht does not exceed the height rec-
om~endad b'v the manufacturer or dis-
tributor of the system.
e. A hint nla~{ at 1' = 100' scale daoict-
ir~g the limits of the fall zone distance
from structures, prot~ertv lines, nubile
_roads and oroiected noise levels decibels
{DBA) from the small wind energy svs-
!em to nearest oeeunied dwellines.
f. A line drawing of the electrical eom-
portents of the system in sufficient detail
to allow for a determination that the
manner of installation conforms to the
Electric Code.
g. Written evidence that the electric
utility service ~rovider that serves ibe
~rooosed site iias been informed of the
gpplicant's intent to install an intercon-
nected customer-owned electricity een-
erator, unless the aoplicant does not
plan. and so states in the annlication.
to connect the system to the electricity
g~277-3. Development standards.
a. Tower Heieht. Tower heieht shall
not exceed one-hundred twenty (120)
feet.
T° prevent harmful wind turbulence
to the small wind energy system, the
minimum heieht of the lowest hart of
il~y horizontal axis wind turbine blade
shall be at least 30 feet above the hiehest
structure or tree within a 250 foot radius.
Modification of this standard may bo
made when the aonlicant demonstrates
that a lower beiaht will not Jeopardize
the safety of the wind turbine structure.
b. Set-becks. Notwithsmodin~ the
orovisions of the Bulk Schedule. the fol-
lowing standards shall apply to Small
Wind Enerev Systems:
'i, ~ small wind enemy system shall be
set back from a oropertv line a distance
_ilo less than the total height of the small
w~nd enerev plus ten (10~ feet. exceot
that it shall be. set beck at least three
hundred f30ffi feet from a oronertv line
hordarin~ an exisfin~ residential struc-
l~re. In no instance shall the small wind
extend closer than ten (10] feet to the
pronertv boundaries of the installation
iii. A small wind enerev system shall
_b_e set back from the nearest nubile road
the t$tal height of the small wind enemy
siance less than one hundred/100] feet.
shall not exceed 60 DBA. as measured at
the closest nei~hborine inhabited dwell-
in~ at the time of installation. The level.
h~Wever, may be exceeded durine short-
- d. Aonroved Wind Turbines. Small
under the small wind certification nfo-
cram recoenized by the American Wind
~ner? Association and/or NYSERTA.
_e. Compliance with Uniform Build-
in~ Code. Buildin~ oermit annlicatinns
{o~ small wind ener? systems shall be
accomoanied by standard drawings of
the wind turbine structure, includine the
lower, base. and footings. An entineer-
pgance with the Uniform Buildlna Code
gnd certified bv a licensed nrofessioaal
f, Comnliance with National Electric
Code. Bnilclino permit apnlicatinns for
c_¢mpanlod by a line drawln~ of the elec-
trical comoonents in sufficient detail to
tional Electrical Code. This reauirement
plied by the Manufacturer.
~. Comoliance with FAA Retulafions.
with apnficable FAA re~ulations, inciud-
heleht shall be reduced to comnlv with
fl ! applicable Federal Aviation Reauire-
merits, includint Sub,art B (commenc-
ing with Section 77.11/of Part 77 of Title
14 of the code of Federal Re~ulatinns
reearding installations close to aimort~
h. Utility Notification. No small wind
_eper~v system shall be installed until
ity eomnany has been informed of the
grid systems shall be exemot from this
Il, Exterior lightine on any structure
associated with the system shall not be
allowed exceot that which is soecificallv
reoinred by the F~deral Aviation Ad-
b. The system's tower and blades shall
c. All on-site electrical wires associ-
ated with the system shall be installed
public utility comoanv and public util
and lines.
d. The sYstem shall be ot~eYated ~uch
_ference is caused. If it has been demon-
promntlv mitigate the harmful interfer-
e. At least one si~n shall be vosted on
_f, _No brand names. 1o~o or advertisin~
wo~Jld be visible from the ~round. excent
~r~. Towers shall be*constructed to nfo-
i, Tower-climbine apnaratus located
_ii, ~ locked anti-climb device installed
iii, A locked, nrotective fence at least
il _system tower shall be located within
the property that the system is located
ground electric transinission or distribu-
the euv wires shall be sheathed in bright
elaht feet above the eround.
-i. ~ll ~nall wind energy systems shall
be eouipped with manual and automatic
_over-soeed controls. The conformance
nf rotor and over-s~eed control desien
and fabrication with good engineerin~
practices shall be certified by tile manu-
facturer.
§277-5. Fees.
a. The Buildin~ Denartment fee for
~mall wind enerev system apollcations
shall be $250.00.
~,277-6. Abandonment of Use.
All small wind enemy systems which
are not used for twelve (12~ successive
months shall be deemed abandoned
and shall be dismantled and removed
from the nrooertv at the expense of the
property owner. Failure to abide by and
_filithfullv comnlv with this section or
with any and all conditions that may be
attached to the tranfing of any buildin~
permit shall constitute grounds for the
revocation of the oermit by the Binldin~
Deoartment.
~277-7. Enforcement: Penalties and
Remedies for Violatlong
A.TheTown Board shall a~point such
Town Staff or outside consultants as it
sees fit to enforce this Article. Notwith-
standin~ such aonointment, the Buildine
Inspector. Code EnforCement Officer
il_nd Town Attorney shall have authority
lO _enforce this Article.
~1, Any Demon ownint, controlfin~
Qr ?anaoino -env building, structure or
land who shall undertake a wind enemy
conversion facility or wind monitor-
l~ tower in violation of this Article or
i_n_ noncompliance with the terms and
conditions of any hermit issued nursu-
ant to this Article. or any order of the
_enforcement officer, and any agent who
shell assist in so doimz, shall bo ~uilF¢ of
~n offense and subject to a fine of not
~ore than $11100.00 or to imorisonment
for a period of not more than 30 thirty
davs~ or subject to both such fine and
in~nrisonment. Every such nerson shah
be deemed euitiv of a separate offense
for each week such violation shag con-
tinue. The Town may institute a civil uro-
c_eedin~ to collect civil ~enafiles in the
amount of $1000.00 for each violation
and each week said violation continues
_shall be deemed a separate violation.
G, In ease of any violation or threat-
ened violation of any of the nrovisions
~f this Article. includin~ the terms and
conditions imposed by any ~ermit is-
sued pursuant to this Article. in addition
19 Other remedies and penalties herein
orovided, the Town may institute any
~noronriate action or ~roceedlag to nre-
v~ht ~ueh unlawful erection, structural
alteration, reconstruction, movine and/
Of use. and to restrain, correct or abate
such violation, to nrevent the illeeal act.
IV. SEVERABILITY.
Should any provision of this Local
Law be declared by the courts to be
constitutional or invalid, such decision
shall not affect the validity of this Local
Law as a whole or any part thereof other
than the part so decided to be unconsti-
tutional or invalid.
V. EFFECTIVE DATE.
This Local Law shall be effective.
upon its filing with the Secretary of State
in accordance with the Municipal Home
Rule Law.
Dated: July 17, 2007
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
O~40-1T 10/4
22B · The Suffolk Times · October 4, 2007
LEGALS...
From prewous page
LEGAL NOT~CE
New York Stale Deparlment of
Environmental Conservation
Notice of Complele Application
Date: 09/17/2007
Applicant: US DEPT OF HOMELAND
SECURITY
NEBRASKA AVE NV/
WASHINGTON, DC 20528
Facility:: DHS PLUM ISLAND
ANIMAL DISEASE CTR
ORIENT POINT DOCK
40550 MAiN RD 1ST RTE 25
ORIENT, NY 11971
Application ID: 1-4738-00158/00011
Permit(s) Applied for: 1 - Article 15 Title
5 Excavation &'Fill in Navigable Wa-
ters
1 - Article 25 Tn/al Wetlands
i - Section 401 - Clean Water Act Water
Quality Certification
Project is Locate& in SOUTHOLD in
SUFFOLK COUNTY
Project Description: The applicant pro-
poses to construct 157 linear feet of
bulkhead seaward of existing bulk-
heads. A 26' sheet pile sand control
wall is proposed to be replaced and
rotated. Regulated tidal wetlands ex-
ist at the site, and the proposed place-
ment of the new bulkhead would
result in the tilling of approximately
600 sq. ft. of the littoral zone with 30
cu. yds. of clean fill from an upland
source. The purpose of the project
is to provide shoreline stabilization
by replacing a deteriorated concrete
bulkhead. The proposed project is lo-
cated at the Plum Island Animal Dis-
ease Center on Plum Island, Town of
Southold in Suffolk County.
Availability of Application Documents:
Filed application documents, and
Department draft permits where ap-
plicable, are available for inspection
under the provisions of the Freedom
of Information Law during normal
business hours at the address of the
contact person.
State Environmental Quality Review
(SEQR) Determination: Project is not
subject to SEQR because it is a Type
11 action.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA)
Determination: The proposed activity
is not subject to review in accordance
with SHPA. The permit type is ex-
empt or the activity is being reviewed
in accordance with federal historic
preservation regulatinn~
Coastal Management: This project is lo-
cated in a Coastal Management area
and is subject to the Waterfront Revi-
talization and Coastal Resources Act.
Availability for Public· Comment: Com~
merits on this project must be submit-
ted in writing to the Contact Person
no later than 10/19i2007 or 16 days af-
ter the publication date of this notice,
whichever is later.
Contact Person:
SHERRI L AICHER
NYSDEC
SUNY @ STONY BROOK
50 CIRCLE RD
STONY BROOK, NY 11790-3409
(631) 444-0403
~4-1T 10/4
LEGAL NOTICE
as follows:
'tems attendant to bona fide agricultural
uses, and to provide standards for such
systems. The overriding goal of this lo-
cal law is to promote the reduction of
on-site consumption of utility power for
such uses, while protecting from any ad-
verse effects of such systems.
Il. Chapter 280 of the Code of the
Town of Southold is hereby amended,
as follows:
§ 280- 4. Definitions·
SMALL WIND ENERGY SYSTEM
- A wind energy conversion system con-
sisting of a wind turbine (not to exceed
25 kilowatts of production), a tower,
and associated control or conversion
electronics, which has a fated capac-
ity intended primarily to reduce on-site
consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) Dis-
trict and Residential R-80, R-120, R-200
and R-400 Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5l Small wind energy systems on par-
cels treater than seven (7/acres in size.
which oarcels are dedicated orimarilv to
uses n~cessarv for bona fide a~ricultural
production, and subject to the standards
provided in Chanter 277 of this Town
Ill. A new Chapter 277 of the Code of
the Town of Southold is hereby adopted,
as follows:
§ _277-1. Definitions·
SMALL WIND ENERGY SYSTEM
-- A wind energy conversion system con-
sistine of a wind turbine (not to exceed
25 kilowatts of oroduction/, a tower.
ond associated control or conversion
eeetronics, which h~s a rated caner-
icy intended nrimarilv to reduce on-site
consumotion of utility nower.
TOWER HEIGHT - The ha/Iht
gD0ve grade of the fixed Dor0on of a
tower that is narc of a small wind energy
system, exclusive of the wind turbine. ~ 277-2. Aoolication.
~knnlications for small wind energy
~vstems shall be submitted to the Town
-nJ Southold Buildin~ Deoartment and
shall include:
a. Name. address, telenhone number
Of the aonlicant. If the apDlicant'will be
revresented bv an agent, the name. ad-
dress and telenhone number of the agent
g~ well as an original signature of the ap-
plicant authorizing the agent to fence-
sent the apnlicant.
b. Name. address, telenhone number
of the oronerty owner. If the ~roDertv
owner ~s not the avnlicant, the aongca-
!i~n shall include a letter or other writ2
ten nermissinn si~ned bv the prooerw
owner (i~ confirming that the nropertv
owner is familiar with the oronosed av-
plications and (ii/ authorizing the sub-
mission of the aoplication.
c. Address of each orooosed tower
site. including tax man secfion, block
andlot number.
d. Evidence that the nrooosed tower
height does not exceed the height rec-
om~nended bv the manufacturer or dis-
tributor of the system.
e. A viol plan at 1' = 100' scale depict-
ing the limits of ~he fall zone distance
Ilom structures, oronertv lines, nubile
f~$ds and vro!ected noise levels decibels
(DBAt from the small wind enemy sys-
tem to nearest occupied dwellings.
£ A line drawint of the electrical com-
ponents of the system in sufficient detail
~-O allow for a demrmination that the
ipanner of installation conforms to the
Electric Code.
e. Written evidence that the electric
uti~tv service vrovider that serves the
oronosed site has been informed of the
applicant's intent to install an intercon-
nected customer-owned electricity gen-
erator, unless the anDlicant does not
plan. and so states in the aonlication.
I0 9onnect the system to the electricity
g~,~'277-3. Deveinnment standards.
a. Tower Height. Tower height shall
not exceed one-hundred twenty (120]
To prevent harn~fu} wind turbulence
t9 the small wind energy system, the
minimum height of the lowest part of
any horizontal axis wind turbine blade
~gall be at least 30 feet above the hlehest
_structure or tree within a'250 foot radius.
]vJodlfication of this standard may be
made when the anolicant demonstrates
that a lower bei~ht will not !eopardize
lhe safety of the Wind turbine structure.
IZ Set-backs. Notwithstandln~ the
pr~visinns of the Bulk Schedule. the fol-
lowing standards shall apply to Small
Wi0d Energy Systems:
i.A small wind energy system shall be
enerav system be clo~er than one hun-
dred feet (100/to a vrovertv line.
ii, N9 part of the wind system struc-
ture. includine guy wire anchors, may
extend closer than ten (10/ feet to the
property boundaries of the installation
me.
iii. A small wind enemy system shall
be Set back from the nearest nubile road
9!' light of way a distance no less than
the total beieht of the small wind enerev
system nlus ten (10/feet. and in no
~st0nce less than one hundred (100~ feet.
9, ]qoise. Small wind energy systems
shall not exceed 6.0 DBA. as measured at
the closest neighboring inhabited dwell-
ing at the time of installation. The level.
h~wever, may be exceeded during short-
term events such as utility outages and/
or severe wind storms.
d. Aonroved Wind Turbines. Small
wind turbines must have been avoroved
under the small wind certification nco-
cram recognized bv the American Wind
Energy Association and/or NYSERTA.
e. Comnliance with Uniform Build-
ing Code. Building permit anulicatinns
loc small wind energy systems shall be
accomnanled by standard drawings of
the wind turbine structure, including the
tower, base. and footings. An en~ineer-
ine analysis of the tower showing com-
pliance with the Uniform Building Code
and certified by a gfiensed Professional
enaineer shall also be submitted. This re-
quirement may be satisfied by documen-
tation ~resented by the manufacturer2
IL Comnllance with National Electric
(~9de. Building permit aop0cations for
~mall wind energy systems shall be ac-
companied by a llne drawing of the elec-
trical e0mponents in sufficient detail to
allow for a determination that the man-
ner of installation conforms to the Na-
tional Electrical Code. This reauirement
may be satisfied by deeumentatinn sun-
plied by the Manufacturer.
g Compliance with FAA Retulafions.
Small wind energy systems must comolv
W th avolicable FAA rea~latinns, incind-
ina any necessary approvals for instal-
lotions close to airoorts. The allowed
h~ight shall be reduced to comnlv with
all avnlieable Federal Aviation Reouire-
Illents- including Subnart B (commenC-
ing with Section 77.1 l/of Part 77 offlltle
14-of the code of Federal Regulations
regarding installations close to alroorts.
h. Utility Notification. No small wind
energy system sha~l be installed until
.~vldenee has been given that the util-
i!y enrnnanv has been informed of the
customer's intent to install an intercon-
nected customer-owned generator. Off-
grid s~tsthms shall be exemnt from this
I~quirement.
§277-4 Construction standards.
a. Exterior li~htine on any structure
associated with the svMem shall not be
allowed except that which is soecificallv
renuired by the Federal Aviation Ad-
ministration.
ti. The system's tower and blades shall
· be a non-reflective, unobtrusive color
that blends the system and its combo-
gents into the surroundine landscaoe to
the oreatest extent oossible and ine~roo-
rate non-fei/refine surfaces to minimize
any visual disruntion,
c. All on-silo electrical wires associ-
ated with the system shall be installed
llnderground excent for "tie-ins" to a
public utility company and nubile ut/l-
and lines. -
d. The system shall be overated such
that no disruntive electromagnetic inter-
ference is caused. If it has been demon-
strated that a system is causing harmful
interference, the system ooerator shall
promvtlv mitigate the harmful interfer-
e, At least one sign shall be noster on
Ire tower at a heiohi of five feet warnlne
_of electrical shock or high voltage and
harm from revolvin~ machinery.
~ No brand names. Io~o or advertising
~hall be olaced or nainted on the tower.
would be visible from the ground, exeeot
logo may be disc>laved on a system zen-
g,Towers shall be constructed to pro-
vide one of the followin~ means of access
~~ntrol. or other annropriate method of
i. Tower-climbing aonaratus located
no closer than 12 feet from the around.
ii.A locked anti-climb device installed
iii. A locked, vrotective fence at least
six feet in height that en?oses the tow-
eight feet above the ground.
i. All small wind energy syste
be eauit~oed with manual and at
ove~soeed controls. The roof(
of rotor and over-s~eed eontro
and fabrication with good cna
oractices shall be certified by th
facturer.
$277-5. Fees.
g, The Building Denartment
small wind enemy system ann
shall be $250.00.
[277-6. Abandonment of
'All small wind energy svsten
are not used for twelve (12/ su
Ill0nths shall be deemed ab~
and shall be dismantled and r
from the orooertv at the expem
property owner· Failure to abid{
~'aithfullv comply with this se~
with any and all conditions that
attached to the granting of any
permit shall constitute grounds
revocation of the oerrnit by the ]
Department.
8277-7. Enforcement: Penal
Remedies for Violations.
A. The Town Board shall appc
Town Staff or outside consult~
sees fit to enforce this Article.
~tandin~ such avpointment, the
and Town Attorney shall have a
to enforce this Article.
or managing any building, stru,
land who shall undertake a winr
conversion facility or wind
ins tower in violation of this A
conditions impbsed 'by any ne
· IV. SEVERABILITY.
Should any provision of th/
Law be declared by the courts t,
cohstitutional or invalid, such
shall not affect the validity of th
V. EFFECTIVE DATE.
This Local Law shall be
upon its filing with the Secretary
Rule Law.
Dated: July 17, 2007
BY ORE
THE TOWN
8~40-1T 10/4
LEGAL NOTICE
NOTICE OF FORMATION O
ITED IJABILITY COMPAI'~
NAME:ATP HOLD1NGS,LI
of filing of Articles of Organizat
Secretary of State of N.Y. (SSIK
tember S, 2007. Office location:
County. SSNY is designated as
LLC upon whom process agaim
be served. SSNY shall mail pr*
the LLC at: EO. Box 92, MatfiU
].1952. Purpose: to engage in an
act or activity.
~528-6T 9/27:10/4.11.18. 24: llf
LEGAL NOTICE
NOTICE OF ENACTME~
Local Law No. 18 of
NO~ICE IS HEREBY GIV
hereby ENACYS the propose~
Law entitles,
which reads as follows:
LOCAL LAW NO. 18 OF 2
, Section 1. Purpose. Tile pm
this Local Law is to allow for thc
al of signs located on nublic
#8475
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Dina Mac Donald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
t week(s),successively, commencing on the 2nd dayof Auqust, 2007.
Principal Clerk
Sworn to before me this
2O07
CHRISTINA VOLINSKI
NOTARy PUBLIC-STATE OF NEW YORK
NO. 0 ]'VO6'105050
Qualified In Suffolk County
COmmission Exl31res February 28, 2008
LEGAL NOTICE
NOTICE OF ADOPTION
NOTICE IS HEREBY GIVEN,
there had been presented to the Town
Board of the Town of Southold, Suffolk
Couaty, New York, on the 13th day of
March, 2007 a Local Low entitled "A
portunity to be heard, NOW THERE-
FORE BE IT
RESOLVED that the Town Board
of the Town of Southold finds that this
Local Law is CONSISTENT with the
LWRP and be it further
RESOLVED that the Town Board of
the Town of Southold hereby ENACTS
the proposed Local Law entitled,
Local Law in relation to Wind Energy
Systems ~ for Aerlealtural Uses" that
reads as follows:
LOCAL LAW NO, 15 of 2007
A Local Law entitled, ~
in relation to W'md Eneruv Systems for
A~riculshral Uses",
BE IT ENACTED by the Town
Board of the Town of Southold as fol-
lows:
L Pnrpose - In order to provide [or
the health, safety and welfare of the
citizens of the Town of Southold, the
Town Board of the Town of Squthold
finds it appropriate to encourage the
development of small wind energy sys-
tems attendant to bona tide agricultural
uses~ and to provide standards for such
systems. "Uae overriding goal of this lo-
cal law is to promote the reduction of
on-site consumption of utility power for
such uses, while protecting from any ad-
verse effects of such system~
Il. Chapter 280 9f the Code of the
Town of Southold is hereby amended,
as follows:
§ 280- 4. Definitions`
SMALL WIND ENERGY SYS-
TEM -- A wind enerev conversion svs-
tum consistine of a wind turbine (not
to exceed 25 kilowatts of nroduetionL
a tower, and associated control or con-
version electronics, which has a rated
caDacitv intended orimarilv to reduce
on site consumnfion of utility Dower.
ARTICLE III
Agricultural-Conservation (A-C)
District and Residential R-80, R-120, R-
200 and R400 Districts
§280-13. Use Regulations,
A. Permitted Uses.
(5/ Small wind enertv systems on
oarcels ~reater than seven (7~ acres in
size. which nareels are dedieatud pri-
marily to uses necessary for bona fide
agricultural nroduction, and subject to
the standards nrovided in Chapter 277
of this Town Code.
RL A new Chapter 277.of the Code
of the Town of Southold is hereby ad-
opted, as follows:
SMALL WIND ENERGY SYS-
TEM -- A wind energy conversion sys-
tem consistine of a wind turbine (not
to exceed 25 kilowatts of nroductionL
a tower, and associated control or eon-
version electronics, which has a rated
capacity intended nrimaril? to reduce
on-site consumntion of utility ~ower.
TOWER HEIGHT = The heieht
above trade of the fixed portion of a
tower that is part of a small wind enemy
system, exclusive of the wind turbine:
§ 277-2. Applicatinn~
Avvlications for small wind enerc~,
systems shall be submitted to the Town
of Southold Buildine Denartment and
shall include:
a. Name. address· telenhone number
of the anolicant. If the annlicant will
a0Oress and teleohone number of the
scent as well as an orialnal sianature of
the annlinant authorizine the stent to
b. Nme. address- telephone number
owner is not the apifiicant, the aooIica-
tion shall include a letter or other writ-
ten pormissinn siened bv the property
owner (ii confu'min~ that the nrooertv
owner is familiar with the proposed ap-
plications and (il~ anthotizin~ the sub-
mission of the aootieation. ·
c. Address of each prooosed tower
site. includin~ tax man section, block
and lot number.
d. Evidence that the t>rooosed'10wer
heiaht does not exceed the height ree-
0mmended by the manufacturer or dis-
tributor of the svstum.
e.A Dim Man at 1' = 100' scale depict-
ing the limits of the fall zone distance
from structures, t>ronerty lines, nublic
roads and Protected noise levels deci-
bels (DBA~ from the small wind ener t,v
svstum to nearest oceunied dw'ellin ~s.
connected ~on~.own~lee~it~t ai~li(utiliav conmanv and nublic util-
eenera~r, unims the ~m~i~mt does nc~
olan. and so states in the aoDlication.
to connect the system to the electricity
Wthd E nt, xg.x~arm~
~pd lines.
d. The system shall be onerated such
oromntiv mitigate the harmful interfer-
ing of electrical shock or hinh voltage
in~ shall be ~laced or nainted on the
where it would b6 visible from the
· obtrusive manner.
g. Towers shall be constructed to
p[ovide one of the followin~ means pf
method of access:
L Tower-climbin~ apparatus located
~i, A locked anti-climb device in-
~Iolled on the tower.
{ii. A locked. ~rotective fence at
least six feet in heieht that e~closes the
for a system tower shall be located with-
~OI; lines. The ~oint of attachment for
the euv wires shall be sheathed in bright
eieht feet above the tround.
i. Ail small wind enerev systems shall
be eauinped with manual and automatic
practices shall be certified by the menu-
§277-5. Fees.
a. The Buildin~ Deoartment fee for
small wind energy svstum aonlications
shall be $250.00.
All small wind energy systems which '
months shall be deemed abandoned
and shall be dismantled and removed
orooertv owner. Failure to abide bv and
faithfully comoly with this section or
with any and all conditions that may be
i~ttached to the erantine of any buildin~
eermit shall constitute erouuds for the
revocation of the ~ermit bv the Buildine
.~277-7, Enforcement: Penalties and
Remedies for Vinlation~
A, The Town Board shall a~point
as it sees fit fo enforce this Article. Not-
withstandine such a~oointmenfi the
B~tldin~ Inspector. Code Enforcement
Officer and Town Atturnev shall have
authority to enforce this Article.
land who shall undertake a b/md enemy
¢_oilvCrsion facility or wind monitor-
ine tower in violation of this Article or
in noncomoliance with the terms and
ant to this Article. or any order of the
shall assist in so doing, shall be ~uiltv
of an offense ~nd subject to a fine of
not more than $1000.G0 or to hnvrison-
ment for a ~eriod of not more than 30
thlrt~ days. or subject to both such fine
shall be deemed euiltv of a separate
offense for each week such violation
a civil vroceedint to colledt civil ~enal-
ties in the.amount of $1000.00 for each
violation and each week said violation
violation,
ened violation of any of the orovisions
of this Article. includth~ the terms find
sued pursuant t6 this Article. th addition
abate such violation, to t)revent the il
legal act.
IV, SEVERABILITY.
Should any provision of this Local
Law be declared by the courts to be un-
constitutional or invalid, such decision
shelLnot affect the validity of this Lo
cai Law as a whole or any part thereof
other than the part §o decided to be un-
constitutional or invalid.
V. EFFECTIVE DATE.
This Local Law shall be effective
upon its filing with the Secretary of
State in accordance with the Municipal
Home Rule Law.
Dated: July 17, 2007
BY ORDER OF
THE TOWN BOARD
OF THE TOWN O? SOUTHOLD
Elizabeth Neville
Town Clerk
8475-1T 8/2
DEPARTMENT OF PLANNING
OCOUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
April 11, 2007
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
RECEIVED
Ms. Elizabeth Neville, Town Clerk
Town of Southold Planning Bd.
53095 Main Road - P.O. Box 1179
Southold, NY 11971
APR 1 9 2007
Applicant: Town of Southold
Zoning Action:
Amend Section 280-4 "Definitions"; 280-13 "Use
Regulations" in connection with a local law in
relation to wind energy systems for Ag. use
Public Hearing Date: 4/24/07
S.C.P.D. File No.: SD-07-03
Dear Ms. Neville:
Pursuant to [he requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the above referenced application, which has been submitted, to the Suffolk County Planning Commission is
considered to be a matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an approval
or disapproval.
Very truly yours,
Thomas Isles, AICP ~/,~
Director of!~la~a~tn~__ ~ /
Chief Planner
APF:cc
LOCATION MAILING ADDRE~SS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099~ ": :' '~ o TELECOPIER (631)853-4044
September 27. 2007
PLEASE TARE NOTICE that I:h~ Town .Boerd of the Town ofSouthold hn~ ENACTEI) the proposed ~o~al Laws
entitled;
t~q,cfll Law in ~lntlon to Transfer Station-- oil Mly 22, 2007
~d ~.e S --e~r A ricultur~? Uses" on July 17. 2007
'~~ on ~uly 3 ],' 2007
"A Local Law in feint on to nn A ricult ral h~ ned evelo e t District' on ~uguat28, 2007
Please S~gn the dupJJ~te Of th.Ps le~cc ~d ret~ ~o rile at your e~liest convenience in the ~eJl~address~d
envelope. Th~ you.
AttaahmefitS
Cc.' Suffolk CoLalt~ Department of PJaxmlng
~lllage O~ ~eenpo~
Town O'f ~iverhead
SouthoJd Towel Pl~lng Bo~d
Sou~old Town Assessors
Sou~old Town Building D~pertment
PI~se Print nal~ ' / - ~ ,
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Isle. nd
Town of Southe~npton
Southold Town Trustees
S0uthold Town Board of Appeals
Date:_ October J. 20/)7
DUPLICATE TO BE SIGNED ANJD ~ETUI~/~ED TO
$O'UTHOLD TOWN CLEI'~K
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws
entitled
"A L ~no Transfer Stafi0n, on May 22, 2007
" · '!' on July 17, 2007
"A Local Law in relation to Amendments to the Sign Regulations" on July 31, 2007
"A Local Law in relation to an Agricultural Planned Development District" on August 28, 2007
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
~l'own of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Signature, Received By
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date: OCTOBER 1, 2007
BARBARA C.R ATTAM
Please print name
Title: TOWN CLERK
RECEIVED
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
OCT 2 2007
$outhold Town Cler~.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765~6145
Telephone (631) 765-1800
southoldtown.nor th fork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws
entitled
"A Local Law in relation to Transfer Station" on May 22, 2007
',~.~~'~'.' ~'~:~' ~;.~..~ l~ ............. ~ ~ '~ =l U-' "~n July 17, 2007
"A Local Law in relation to Amendments to the Si~ Re~ns' on July 3~, 2007
"A Local Law in relation to an Agricultural Planned Devcl~ent;District'' 6g August 28, 2007
Plebe sign ~e duplicate of this le~er ~d retm to me *~i ~6fi~lie~t ~onVe~ence in the self-addressed
envelope. ~ you.
Elizabeth A, Neville
Town Clerk
Attachments
9n~island State Park Commission
cc: Suffolk County Department o£~!~ing :: i~
Village of Greenport ~of Shelter Island
Town of Riverhead , 9f Southampton
p'~Southold Town Planni~ Board Sou~g~own Trustees
Southold Town Assesg6i~ Southdl ~ Board of Appeals
Southold Town Buildi~!Department
Signature By * q
Please print ~ine
;
DUPLICATE~O BE SIGNED AND RETURNED TO
$OUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
RE GISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws
entitled
"A Local Law in relation to Transfer Station" on May 22, 2007
"A Local Law in relation to Wind Enerh~ Systems for Agricultural Uses" on July 17, 2007
"A Local Law in relation to Amendments to the Sign Regulations" on July 31, 2007
"A Local Law in relation to an Agricultural Planned Development District" on August 28, 2007
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
l,~outhold Town Assessors
Southold Town Building Department
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date:
Si~u~e, Received By .....
Title: ('~'~.~, a ~uoe,/~-~-_e~ ,t. ~:~
Please print name ../ )
/.'
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTItOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
~OFFICE OF THE TOWN CLERK
., ~.~'~c~ \., \~ TOWN OF SOUTHOLD
~ ~ ,, ~ - September 27, 2007
PLEASE TAK~ N~TICE thru ~e T°m Bored of the Tom of Southold ENACTED the proposed Local Laws
entitled ~ x
"A LoeM~w ~'relation to Transfer Station" on May 22, 2007
~-- ~ -, ~ ~ ~ _ ~ July 17, 2007
"A Local Law in relation to Amendments to the ~gn ~eghlat~ns on July 31, 2007
"A Local Law in relation to an Agricultural Planned Development District" on August 28, 2007
Ple~e sign ~e duplicate of tbs le~er ~d retm to me at yo~ e~liest convenience in the self-addressed
envelope. Th~ you.
Attachments
CC;
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
~outhold Town Building Department
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws
entitled
"A Local Law in relation to Transfer Station" on May 22, 2007
.... ! ~r ~r~ .... ~I ~J-'j~" on July 17, 2007
"A Local Law in relation to Ainendments to th'~"gl~ ll~l~ibns'' on JUly 31, 2007
"A Local Law in relation to an Agricultural Planned Development District" on August 28, 2007
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Please print name
Elizabeth A. Neville
Town Clerk
~"Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 7654800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold E~ACTEI) the proposed Local Laws
entitled
"A ~ransfer Station" on May 22, 2007
'~ ' . ~' ~h July 17,2007
"A Local Law in relation to Amendments to the Sign Regulaflbns" on July 3!, 2007
"A Local Law in relation to an Agricultural Planned Devel6~nt District" 6~ August 28, 2007
Please sign the duplicate of this letter and return to me ~i ~ cattiest ~n~enience in the self-addressed
envelope. Thank you.
Suffolk County Department of planning
Village of Greenporl
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town BuildiixgDepartment
Attachments
cc:
Signature, P~ived B~
Please
Elizabeth A. Neville
Town Clerk
Island State Park Commission
f Shelter Island
T6~"of Southampton
SouthORt Town Trustees
South0lfl ~own Board of Appeals
Date: ~ ~
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RECEIVED
lOOg g
Southold Town Cler~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the,proposed Local Laws
entitled
"A Local Law in relation to Transfer Station" on May 22, 2007
"A Local Law in relation to Wind Energy Systems for A~ricultural Uses" on July 17, 2007
"A Local Law in relation to Amendments to the Sign Regulations" on July 31, 2007
"A Local Law in relation to an Agricultural Planned Development District" on August 28, 2007
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
Elizabeth A. Neville
Town Clerk
Suffolk County Department of planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
t.~Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Please print name
Date:
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RECEIVED
oc-r 9 2007
%uthol4 Town Cler~.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws
entitled
"A Local Law info, elation to Trattsfer Station" on May 22, 2007
' ~ ~~~n~~ U~", 0~ July 17, 2007
"A Local Law in relation to Amendments to the Sign RegnlallX0ns'' on July 31, 2007
Planned Devel6pment District on August 28, 2007
"A Local Law in relation to an Agricultural ":' *~'~ ....
Please sign the duplicate of this letter and return to me.at you !eSt ¢cmvenlence in the self-addressed
envelope. Thank you.
Elizabeth ~i Neville
Town Cler~
Attachments
cc: Suffolk County Department ~[~l~!~!g g Island State Park Commission
Village of Greenport of Shelter Island
Town of Riverhead uthampton
Southold Town Planning Board wn~Tmstees
Southold Town AssesSors ~oard of Appeals
Southold Town Building ~epartment
R~ceived By
Please print
DUPLICATE}TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southo]dtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws
entitled
"A Lg~:ial Law in relation to Transfer Station" on May 22, 2007
"Jl~ [ ~:~,~ ~ WtlIItl ~i~'~r 8~nm''''- f~' A~'~I U_-,'-" on July 17, 2007
"A Local Law in relation to Amendments to the Sign Regulations- 0n July 31, 2007
"A Local Law in relation to an Agricultural Planned DevelOOii~ent District" on August 28, 2007
Please sign the duplicate of this letter and return To me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc~
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
Village of G-reenpon
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
T~wn of Southampton
Southt~ld Town Trustees
i~outh61~!~b~:Board of Appeals
Signk~l~, l~ecefvea ~B~
Date:
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
Southold Town Board - Letter Board Meeting of July 17, 2007
RESOLUTION 2007-425
ADOPTED
Item # 3
DOC ID: 2844 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-425 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 17, 2007:
WHEREAS, them had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in
relation to Wind Energy Systems for Agricultural Uses" AND
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day
of April, 2007 at 4:45 p.m. at which time all interested persons were given an opportunity to be
heard, NOW THEREFORE BE IT
RESOLVED that the Town Board of the Town of Southold finds that this Local Law is
CONSISTENT with the LWRP and be it further
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "A Local Law in relation to Wind Energy Systems for Agricultural
Uses" that reads as follows:
LOCAL LAW NO. 15 of 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for Agricultural
Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the citizens of
the Town of Southold, the Town Board of the Town of Southold finds it appropriate to
encourage the development of small wind energy systems attendant to bona fide agricultural
uses, and to provide standards for such systems. The overriding goal of this local law is to
promote the reduction of on-site consumption of utility power for such uses, while protecting
from any adverse effects of such systems.
Generated July 18, 2007 Page 6
Southold Town Board - Le~er B~d Meeting of July 17, 2007
II. Chapter 280 of the Code of the Town of Southold is hereby amended, as follows:
§ 280- 4. Definitions.
B.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind
turbine (not to exceed 25 kilowatts of production), a tower, and associated control or conversion
electronics, which has a rated capacity intended primarily to reduce on-site consumption of
utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400
Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are
dedicated primarily to uses necessary for bona fide agricultural production, and subject to the
standards provided in Chapter 277 of this Town Code.
III. A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as
follows:
§ 277-1. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind
turbine (not to exceed 25 kilowatts of production), a tower, and associated control or conversion
electronics, which has a rated capacity intended primarily to reduce on-site consumption of
utility power.
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small
wind energy system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold Building
Department and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be
represented by an agent, the name, address and telephone number of the agent as
well as an original signature of the applicant authorizing the agent to represent the
Generated July 18, 2007 Page 7
Southold Town Board - Letter Board Meeting of July 17, 2007
applicant.
b. Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter or other written
permission signed by the property owner (i) confirming that the property owner is
familiar with the proposed applications and (ii) authorizing the submission of the
application.
c. Address of each proposed tower site, including tax map section, block and
lot number.
d. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance
from structures, property lines, public roads and projected noise levels decibels
(DBA) from the small wind energy system to nearest occupied dwellings.
fi A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation conforms to the
Electric Code.
g. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install an
interconnected customer-owned electricity generator, unless the applicant does
not plan, and so states in the application, to connect the system to the electricity
grid.
§277~3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120)
feet.
To prevent harmful wind turbulence to the small wind energy system, the
minimum height of the lowest part of any horizontal axis wind turbine blade shall
be at least 30 feet above the highest structure or tree within a 250 foot radius.
Modification of this standard may be made when the applicant demonstrates that
a lower height will not i eopardize the safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the
following standards shall apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line a
distance no less than the total height of the small wind energy plus ten (10) feet,
except that it shall be set back at least three hundred (300) feet from a property
Generated July 18, 2007 Page 8
Southold Town Board - Le~er B~l~d Meeting of July 17, 2007
line bordering an existing residential structure. In no instance shall the small wind
energy system be closer than one hundred feet (100) to a property line.
ii. No part of the wind system structure, including guy wire anchors,
may extend closer than ten (10) feet to the property boundaries of the
installation site.
iii. A small wind energy system shall be set back from the nearest
public road or right of way a distance no less than the total height of the small
wind energy system plus ten (10) feet, and in no instance less than one hundred
(100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured
at the closest neighboring inhabited dwelling at the time of installation. The level,
however, may be exceeded during short-term events such as utility outages and/or
severe wind storms.
d. Approved Wind Turbines. Small wind turbines must have been approved
under the small wind certification program recognized by the American Wind
Energy Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications for small
wind energy systems shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base, and footings. An engineering analysis of the tower
showing compliance with the Uniform Building Code and certified by a licensed
professional engineer shall also be submitted. This requirement may be satisfied by
documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for
small wind energy systems shall be accompanied by a 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 requirement
may be satisfied by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must comply
with applicable FAA regulations, including any necessary approvals for installations
close to airports. The allowed height shall be reduced to comply with all applicable
Federal Aviation Requirements, including Subpart B (commencing with Section 77.11)
of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to
airports.
h. Utility Notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
Generated July 18, 2007 Page 9
Southold Town Board - Letter Board Meeting of July 17, 2007
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be
allowed except that which is specifically required by the Federal Aviation
Administration.
b. The system's tower and blades shall be 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 any visual disruption.
c. 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.
d. 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 promptly mitigate the harmful interference or cease operation of the
system.
e. 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.
f. 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, except that a
system or tower's manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of access
control, or other appropriate method of access:
ii.
Tower-climbing apparatus located no closer than 12 feet from the
ground.
A locked anti-climb device installed on the tower.
iii.
A locked, protective fence at least six feet in height that encloses
the tower.
h. Anchor points for any guy wires for a system tower shall be located within the
property that the system is located on and not on or across any above-ground electric
transmission or distribution lines. The point of attachment for the guy wires shall be
sheathed in bright orange or yellow covering from three to eight feet above the ground.
i. All small wind energy systems shall be equipped with manual and automatic
over-speed controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by the manufacturer.
Generated July 18, 2007 Page 10
Southold Town Board - Le~er B~]~d Meeting of July 17, 2007
§277-5. Fees.
a. The Building Department fee for small wind energy system applications
shall be $250.00.
§277-6. Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive months
shall be deemed abandoned and shall be dismantled and removed fi.om the property at the
expense of the property owner. Failure to abide by and faithfully comply with this section or
with any and ail conditions that may be attached to the granting of any building permit shall
constitute grounds for the revocation of the permit by the Building Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A~. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to
enforce this Article. Notwithstanding such appointment, the Building Inspector, Code
Enforcement Officer and Town Attorney shall have authority to enforce this Article.
B__~. Any person owning, controlling or managing any building, structure or land who shall
undertake a wind energy conversion facility or wind monitoring tower in violation of this Article
or in noncompliance with the terms and conditions of any permit issued pursuant to this Article,
or any order of the enforcement officer, and any agent who shall assist in so doing, shall be
guilty of an offense and subject to a fine of not more than $1000.00 or to imprisonment for a
period of not more than 30 thirty days, or subject to both such fine and imprisonment. Every
such person shall be deemed guilty of a separate offense for each week such violation shall
continue. The Town may institute a civil proceeding to collect civil penalties in the amount of
$1000.00 for each violation and each week said violation continues shall be deemed a separate
violation.
C~. In case of any violation or threatened violation of any of the provisions of this Article,
including the terms and conditions imposed by any permit issued pursuant to this Article, in
addition to other remedies and penalties herein provided, the Town may institute any appropriate
action or proceeding to prevent such unlawful erection, structural alteration, reconstruction,
moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of this Local Law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
V. EFFECTIVE DATE.
Generated July 18, 2007 Page 11
Southold Town Board - Letter Board Meeting of July 17, 2007
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANtMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated July 18, 2007 Page 12
LEGAL NOTICE
NOTICE OF ADOPTION
NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 13th day of March, 2007 a Local
Law entitled "A Local Law in relation to Wind Energy Systems for Agricultural
Uses" AND
WHEREAS the Town Board of the Town of Southold held a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York,
on the 24th day of April, 2007 at 4:45 p.m. at which time all interested persons were
given an opportunity to be heard, NOW THEREFORE BE IT
RESOLVED that the Town Board of the Town of Southold finds that this Local Law is
CONSISTENT with the LWRP and be it further
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the
proposed Local Law entitled, "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" that reads as follows:
LOCAL LAW NO. 15 of 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for
Agricultural Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the
citizens of the Town of Southold, the Town Board of the Town of Southold finds it
appropriate to encourage the development of small wind energy systems attendant to
bona fide agricultural uses, and to provide standards for such systems. The overriding
goal of this local law is to promote the reduction of on-site consumption of utility power
for such uses, while protecting from any adverse effects of such systems.
II.
follows:
Chapter 280 of the Code of the Town of Southold is hereby amended, as
§ 280- 4. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a
wind turbine (not to exceed 25 kilowatts of production), a tower, and associated control
or conversion electronics, which has a rated capacity intended primarily to reduce on-site
consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400
Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural production,
and subject to the standards provided in Chapter 277 of this Town Code.
III. A new Chapter 277 of the Code of the Town of Southold is hereby
adopted, as follows:
§ 277-1. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a
wind turbine (not to exceed 25 kilowatts of production), a tower, and associated control
or conversion electronics, which has a rated capacity intended primarily to reduce on-site
consumption of utility power.
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of
a small wind energy system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold
Building Department and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be
represented by an agent, the name, address and telephone number of the agent as
well as an original signature of the applicant authorizing the agent to represent the
applicant.
b. Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter or other written
permission signed by the property owner (i) confirming that the property owner is
familiar with the proposed applications and (ii) authorizing the submission of the
application.
c. Address of each proposed tower site, including tax map section, block and
lot number.
d. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance
from structures, property lines, public roads and projected noise levels decibels
(DBA) from the small wind energy system to nearest occupied dwellings.
f. A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation conforms to the
Electric Code.
g. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install an
intemonnected customer-owned electricity generator, unless the applicant does
not plan, and so states in the application, to connect the system to the electricity
grid.
§277-3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120)
feet.
To prevent harmful wind turbulence to the small wind energy system, the
minimum height of the lowest part of any horizontal axis wind turbine blade shall
be at least 30 feet above the highest structure or tree within a 250 foot radius.
Modification of this standard may be made when the applicant demonstrates that
a lower height will not jeopardize the safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the
following standards shall apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line
a distance no less than the total height of the small wind energy plus ten
(10) feet, except that it shall be set back at least three hundred (300) feet
from a property line bordering an existing residential structure. In no
instance shall the small wind energy system be closer than one hundred
feet (100) to a property line.
ii. No part of the wind system structure, including guy wire anchors,
may extend closer than ten (10) feet to the property boundaries of the
installation site.
iii. A small wind energy system shall be set back from the nearest
public road or right of way a distance no less than the total height of the
small wind energy system plus ten (10) feet, and in no instance less than
one hundred (100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured
at the closest neighboring inhabited dwelling at the time of installation. The level,
however, may be exceeded during short-term events such as utility outages and/or
severe wind storms.
d. Approved Wind Turbines. Small wind turbines must have been approved
under the small wind certification program recognized by the American Wind
Energy Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications
for small wind energy systems shall be accompanied by standard drawings of the
wind turbine structure, including the tower, base, and footings. An engineering
analysis of the tower showing compliance with the Uniform Building Code and
certified by a licensed professional engineer shall also be submitted. This
requirement may be satisfied by documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for
small wind energy systems shall be accompanied by a 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 requirement
may be satisfied by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must
comply with applicable FAA regulations, including any necessary approvals for
installations close to airports. The allowed height shall be reduced to comply with
all applicable Federal Aviation Requirements, including Subpart B (commencing
with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations
regarding installations close to airports.
h. Utility Notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be
allowed except that which is specifically required by the Federal Aviation
Administration.
b. The system's tower and blades shall be 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 any
visual disruption.
c. 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.
d. 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 promptly mitigate the harmful
interference or cease operation of the system.
e. 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.
f. 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,
except that a system or tower's manufacturer's logo may be displayed on a system
generator housing in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of
access control, or other appropriate method of access:
ii.
Tower-climbing apparatus located no closer than 12 feet from the
ground.
A locked anti-climb device installed on the tower.
iii.
A locked, protective fence at least six feet in height that encloses
the tower.
h. Anchor points for any guy wires for a system tower shall be located within
the property that the system is located on and not on or across any above-ground
electric transmission or distribution lines. The point of attachment for the guy
wires shall be sheathed in bright orange or yellow covering from three to eight
feet above the ground.
i. All small wind energy systems shall be equipped with manual and
automatic over-speed controls. The conformance of rotor and over-speed control
design and fabrication with good engineering practices shall be certified by the
manufacturer.
§277-5. Fees.
a. The Building Department fee for small wind energy system applications
shall be $250.00.
§277-6. Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive
months shall be deemed abandoned and shall be dismantled and removed from the
property at the expense of the property owner. Failure to abide by and faithfully comply
with this section or with any and all conditions that may be attached to the granting of
any building permit shall constitute grounds for the revocation of the permit by the
Building Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A~. The Town Board shall appoint such Town Staff or outside consultants as it sees fit
to enforce this Article. Notwithstanding such appointment, the Building Inspector, Code
Enforcement Officer and Town Attorney shall have authority to enforce this Article.
B~. Any person owning, controlling or managing any building, structure or land who
shall undertake a wind energy conversion facility or wind monitoring tower in violation
of this Article or in noncompliance with the terms and conditions of any permit issued
pursuant to this Article, or any order of the enforcement officer, and any agent who shall
assist in so doing, shall be guilty of an offense and subiect to a fine of not more than
$1000.00 or to imprisonment for a period of not more than 30 thirty days, or subject to
both such fine and imprisonment. Every such person shall be deemed guilty of a separate
offense for each week such violation shall continue. The Town may institute a civil
proceeding to collect civil penalties in the amount of $1000.00 for each violation and
each week said violation continues shall be deemed a separate violation.
C~. In case of any violation or threatened violation of any of the provisions of this
Article, including the terms and conditions imposed by any permit issued pursuant to this
Article, in addition to other remedies and penalties herein provided, the Town may
institute any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate
such violation, to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of this Local Law as
a whole or any part thereof other than the part so decided to be unconstitutional or
invalid.
V. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in
accordance with the Municipal Home Rule Law.
Dated: July 17, 2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON August 2, 2007 AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL,
PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times Town Board Members Town Attorney
Building Dept Zoning Board Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of~e~ Town of Southold, New York being
duly sworn, says that on the ~0 day of ,[/~c , 2007, she affixed a
notice of which the annexed printed notice is ad'me c~l~y, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Enactment of Wind Energy Local Law
Southold Town Clerk
Swom before melt~/
~ day of ,2007.
otary Public
LYNDA M. BOHN
NOTARy PUBLIC, State of New York
No. 01 B06020932
Qualified in Suffolk Coun~
Term Expires March 8, 20 .~
r.~.~ USAirbill ':Y',~i 8619 6235 7380
Express
Date
Accou~ Number
Send~rs EL [ ZA[~ETH NEV ~ LEE
~ Phon. 1~31 )765--1800
TOWN OF SOUTHOLD
Company
530~5 ROUTE ~5
Address
SQUTHQLD NY 1 ~971-4&42
C~ ~ ZIP
Recipie~s
0359685758
your
4a Express Package Service
4b Express FreigM Sewice
5 Packaging
e[~EendvEx [] FedEx Pak* [] FedEx [] FedEX [] Other
SAITIRDAY De4mry HO~) )A~eekdsy HOLD Set.ay
[] NOTAvailablefor [] atFedExLocafio~ [] atFedExLocabon
8 Residential Delivery Signature Options IfyOurequireaq.a~re, che~kCim~torh:~r~.
No Signature Direct Signmure Indirect Si nature
OAVID A. PATERSON "
518-473-8738
HYSDOS MISC. STATE
STA"r~ OF NEW YORK
DEPARTMENT OF STATE*
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
August 31,2010
P/~GE 81/81
LOI~AINE A, CORT~s-VAzQuEZ
Town Cleric
RE: Town of Southold, Local Law 15, 2007, filed on August 16, 2007
Dear Sir/Madam:
The above referenced material was filed by this office as indicated.
Additional local law filing forms can be obtained from our websife,
w-ww,dos,stafe.n¥.Hs.
Sincerely,
State Records and Law Bureau
(518) 474-2755
W~P~t,DO~,STA'r~.N~.UB · I=-I~AIL:INFO~'DOS.$TATE.NY,US
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fmx (631) 765-6145
Telephone (631) 765-1800
southotdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 27, 2007
Federal Express
Linda Lasch
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Number 15 & 17 of 2007
Town of Southold, Suffolk County
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Number 15 & 17 of 2007 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you.
Enclosures
Very truly yours,
Lynda M Bohn
Southold Deputy Town Clerk
cc: Town Attorney
Local Law Filing
~V YORK STATE DEPARTMENT OF STATE
41 STATE STREET~ ALBANY~ NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include ma~er being eliminated and do not use
italics or underlining to indicate new matter.
Town of SOUTHOLD
LOCAL LAW NO. 15 of 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for Agricultural Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of
Southold, the Town Board of the Town of Southold finds it appropriate to encourage the development of small
wind energy systems attendant to bona fide agricultural uses, and to provide standards for such systems. The
overriding goal of this local law is to promote the reduction of on-site consumption of utility power for such
uses, while protecting from any adverse effects of such systems.
II.
Chapter 280 of the Code of the Town of Southold is hereby amended, as follows:
§ 280- 4. Definitions.
SMALL WiND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to
exceed 25 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated
capacity intended primarily to reduce on-site consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are dedicated
primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in
Chapter 277 of this Town Code.
III.
A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as follows:
§ 277-1. Definitions.
SMALL WiND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to
exceed 25 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated
capacity intended primarily to reduce on-site consumption of utility power.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99)
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small wind energy
system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold Building Department
and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be represented by an
agent, the name, address and telephone number of the agent as well as an original signature of the
applicant authorizing the agent to represent the applicant.
b. Name, address, telephone number of the property owner. If the property owner is not the
applicant, the application shall include a letter or other written permission signed by the property owner
(i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the
submission of the application.
c. Address of each proposed tower site, including tax map section, block and lot number.
d. Evidence that the proposed tower height does not exceed the height recommended by the
manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance from structures,
property lines, public roads and projected noise levels decibels (DBA) from the small wind energy
system to nearest occupied dwellings.
f. A line drawing of the electrical components of the system in sufficient detail to allow for a
determination that the manner of installation conforms to the Electric Code.
g. Written evidence that the electric utility service provider that serves the proposed site has been
informed of the applicant's intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and so states in the application, to connect the system to the
electricity grid.
§277-3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet.
To prevent harmful wind turbulence to the small wind energy system, the minimum height of the lowest
part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree
within a 250 foot radius. Modification of this standard may be made when the applicant demonstrates
that a lower height will not jeopardize the safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the following standards shall
apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line a distance no less than
the total height of the small wind energy plus ten (10) feet, except that it shall be set back at least
three hundred (300) feet from a property line bordering an existing residential structure. In no
instance shall the small wind energy system be closer than one hundred feet (100) to a property
line.
2
ii. No part of the wind system structure, including guy wire anchors, may extend closer than
ten (10) feet to the property boundaries of the installation site.
iii. A small wind energy system shall be set back from the nearest public road or right of way
a distance no less than the total height of the small wind energy system plus ten (10) feet, and in
no instance less than one hundred (100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured at the closest
neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during
short-term events such as utility outages and/or severe wind storms.
d. Approved Wind Turbines. Small wind turbines must have been approved under the small wind
certification program recognized by the American Wind Energy Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications for small wind energy
systems shall be accompanied by standard drawings of the wind turbine structure, including the tower,
base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building
Code and certified by a licensed professional engineer shall also be submitted. This requirement may be
satisfied by documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for small wind energy
systems shall be accompanied by a 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
requirement may be satisfied by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must comply with applicable
FAA regulations, including any necessary approvals for installations close to airports. The allowed
height shall be reduced to comply with all applicable Federal Aviation Requirements, including Subpart
B (commencing with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations regarding
installations close to airports.
h. Utility Notification. No small wind energy system shall be installed until evidence has been
given that the utility company has been informed of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this requirement.
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be allowed except that
which is specifically required by the Federal Aviation Administration.
b. The system's tower and blades shall be 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 any visual disruption.
c. 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.
d. 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 promptly
mitigate the harmful interference or cease operation of the system.
3
e. 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.
f. 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, except that a system or tower's manufacturer's logo
may be displayed on a system generator housing in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of access control, or other
appropriate method of access:
ii.
iii.
Tower-climbing apparatus located no closer than 12 feet from the ground.
A locked anti-climb device installed on the tower.
A locked, protective fence at least six feet in height that encloses the tower.
h. Anchor points for any guy wires for a system tower shall be located within the property that the
system is located on and not on or across any above-ground electric transmission or distribution lines.
The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from
three to eight feet above the ground.
i. All small wind energy systems shall be equipped with manual and automatic over-speed
controls. The conformance of rotor and over-speed control design and fabrication with good engineering
practices shall be certified by the manufacturer.
§277-5. Fees.
a. The Building Department fee for small wind energy system applications shall be $250.00.
§277-6. Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive months shall be deemed
abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure
to abide by and faithfully comply with this section or with any and all conditions that may be attached to the
granting of any building permit shall constitute grounds for the revocation of the permit by the Building
Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A__~. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to enforce this
Article. Notwithstanding such appointment, the Building Inspector, Code Enforcement Officer and Town
Attorney shall have authority to enforce this Article.
B~. Any person owning, controlling or managing any building, structure or land who shall undertake a wind
energy conversion facility or wind monitoring tower in violation of this Article or in noncompliance with the
terms and conditions of any permit issued pursuant to this Article, or any order of the enforcement officer, and
any agent who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than
$1000.00 or to imprisonment for a period of not more than 30 thirty days, or subject to both such fine and
imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation
shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $1000.00
for each violation and each week said violation continues shall be deemed a separate violation.
C= In case of any violation or tl~atened violation of any of the provisio't~rof this Article, including the
terms and conditions imposed by any permit issued pursuant to this Article, in addition to other remedies and
penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful
erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation,
to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
V. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance with the
Municipal Home Rule Law.
(Complete the certificaTI6n in the paragraph that applies to the f~ffg of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 15 of 20 07 . of the
~' ...... w'~:"'~Town) (V~llag:) of SOUTHOLD was duly passed by the
TOWN BOARD on July 17 ,20 07 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approvedXrepassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20__, in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village). of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Chart vision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of_ having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at thc General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
(Seal)
Clerk of the~c~nty legislative body, City, Town or Villag: Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: July 25, 2007
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local/l~ contains the corrr~text and that all proper proceedings
have been had or taken for the enactment of the local
~Patricia A. Finnegan~l., T,~th Attorney
Kieran Corcoran~ Esq, Assistant Town Attorney
Title
Town of
Date:
SOUTHOLD
July 25, 2007
Southold Town Board - Letter Board Meeting of July 17, 2007
RESOLUTION 2007-425
ADOPTED
Item # 3
DOC ID: 2844 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-425 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 17, 2007:
WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in
relation to Wind Energy Systems for Agricultural Uses" AND
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on thc 24th day
of April, 2007 at 4:45 p.m. at which time all interested persons were given an opportunity to be
heard, NOW THEREFORE BE IT
RESOLVED that the Town Board of the Town of Southold finds that this Local Law is
CONSISTENT with the LWRP and be it further
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "A Local Law in relation to Wind Energy Systems for Agricultural
Uses" that reads as follows:
LOCAL LAW NO. 15 of 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for Agricultural
Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the citizens of
the Town of Sonthold, the Town Board of the Town of Southold finds it appropriate to
encourage the development of small wind energy systems attendant to bona fide agricultural
uses, and to provide standards for such systems. The overriding goal of this local law is to
promote the reduction of on-site consumption of utility power for such uses, while protecting
from any adverse effects of such systems.
Generated July 18, 2007 Page 6
Southold Town Board - Lger l~ard Meeting of July 17, 2007
II.
Chapter 280 of the Code of the Town of Southold is hereby amended, as follows:
§ 280- 4. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting ora wind
turbine (not to exceed 25 kilowatts of production), a tower, and associated control or conversion
electronics, which has a rated capacity intended primarily to reduce on-site consumption of
utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400
Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are
dedicated primarily to uses necessary for bona fide agricultural production, and subject to the
standards provided in Chapter 277 of this Town Code.
III.
follows:
A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as
§ 277-1. Definitions.
SMALL W1ND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind
turbine (not to exceed 25 kilowatts of production), a tower, and associated control or conversion
electronics, which has a rated capacity intended primarily to reduce on-site consumption of
utility power.
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small
wind energy system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold Building
Department and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be
represented by an agent, the name, address and telephone number of the agent as
well as an original signature of the applicant authorizing the agent to represent the
Generated July 18, 2007 Page 7
Southold Town Board - Letter Board Meeting of July 17, 2007
applicant.
b. Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter or other written
permission signed by the property owner (i) confirming that the property owner is
familiar with the proposed applications and (ii) authorizing the submission of the
application.
c. Address of each proposed tower site, including tax map section, block and
lot number.
d. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance
from structures, property lines, public roads and projected noise levels decibels
(DBA) from the small wind energy system to nearest occupied dwellings.
f. A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation conforms to the
Electric Code.
g. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install an
intemonnected customer-owned electricity generator, unless the applicant does
not plan, mad so states in the application, to connect the system to the electricity
grid.
§27%3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120)
feet.
To prevent harmful wind turbulence to the small wind energy system, the
minimum height of the lowest part of any horizontal axis wind turbine blade shall
be at least 30 feet above the highest structure or tree within a 250 foot radius.
Modification of this standard may be made when the applicant demonstrates that
a lower height will not jeopardize the safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the
following standards shall apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line a
distance no less than the total height of the small wind energy plus ten (10) feet,
except that it shall be set back at least three hundred (300) feet from a property
Generated July 18, 2007 Page 8
Southold Town Board - L~er B~d Meeting of July 17, 2007
line bordering an existing residential structure. In no instance shall the small wind
energy system be closer than one hundred feet (100) to a property line.
ii. No part of the wind system structure, including guy wire anchors,
may extend closer than ten (10) feet to the property boundaries of the
installation site.
iii. A small wind energy system shall be set back from the nearest
public road or right of way a distance no less than the total height of the small
wind energy system plus ten (10) feet, and in no instance less than one hundred
(100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured
at the closest neighboring inhabited dwelling at the time of installation. The level,
however, may be exceeded during short-term events such as utility outages and/or
severe wind storms.
d. Approved Wind Turbines. Small wind turbines must have been approved
under the small wind certification program recognized by the American Wind
Energy Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications for small
wind energy systems shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base, and footings. An engineering analysis of the tower
showing compliance with the Uniform Building Code and certified by a licensed
professional engineer shall also be submitted. This requirement may be satisfied by
documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for
small wind energy systems shall be accompanied by a 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 requirement
may be satisfied by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must comply
with applicable FAA regulations, including any necessary approvals for installations
close to airports. The allowed height shall be reduced to comply with all applicable
Federal Aviation Requirements, including Subpart B (commencing with Section 77.11)
of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to
airports.
h. Utility Notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
Generated July 18, 2007 Page 9
Southold Town Board - Letter
oar eeting of July 17, 2007
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be
allowed except that which is specifically required by the Federal Aviation
Administration.
b. The system's tower and blades shall be 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 any visual disruption.
c. 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.
d. 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 promptly mitigate the harmful interference or cease operation of the
system.
e. 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.
f. 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, except that a
system or tower's manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of access
control, or other appropriate method of access:
ii.
Tower-climbing apparatus located no closer than 12 feet from the
ground.
A locked anti-climb device installed on the tower.
iii.
A locked, protective fence at least six feet in height that encloses
the tower.
h. Anchor points for any guy wires for a system tower shall be located within the
property that the system is located on and not on or across any above-ground electric
transmission or distribution lines. The point of attachment for the guy wires shall be
sheathed in bright orange or yellow covering from three to eight feet above the ground.
i. All small wind energy systems shall be equipped with manual and automatic
over-speed controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by the manufacturer.
Generated July 18, 2007 Page 10
Southold Town Board - L~er l~d Meeting of July 17, 2007
§277-5 Fees.
a. The Building Department fee for small wind energy system applications
shall be $250.00.
§277-6 Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive months
shall be deemed abandoned and shall be dismantled and removed from the property at the
expense of the property owner. Failure to abide by and faithfully comply with this section or
a4tb any and all conditions that may be attached to the granting of any building permit shall
constitute grounds for the revocation of the permit by the Building Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A._:. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to
enforce this Article. Notwithstanding such appointment, the Building Inspector, Code
Enforcement Officer and Town Attorney shall have authority to enforce this Article.
B_~. Any person owning, controlling or managing any building, structure or land who shall
undertake a wind energy conversion facility or wind monitoring tower in violation of this Article
or in noncompliance with the terms and conditions of any permit issued pursuant to this Article,
or any order of the enforcement officer, and any agent who shall assist in so doing, shall be
guilty of an offense and subject to a fine of not more than $1000.00 or to imprisonment for a
period of not more than 30 thirty days, or subject to both such fine and imprisonment. Every
such person shall be deemed guilty of a separate offense for each week such violation shall
continue. The Town may institute a civil proceeding to collect civil penalties in the amount of
$1000.00 for each violation and each week said violation continues shall be deemed a separate
violation.
C__:. In case of any violation or threatened violation of any of the provisions of this Article~
including the terms and conditions imposed by any permit issued pursuant to this Article, in
addition to other remedies and penalties herein provided, the Town may institute any appropriate
action or proceeding to prevent such unlawful erection, structural alteration, reconstruction,
moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of this Local Law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
V. EFFECTIVE DATE.
Generated July 18, 2007 Page 11
Southold Town Board - Letter
Bo~d Meeting of July 17, 2007
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated July 18, 2007 Page 12
SOUTHOLD TOWN BOARD
PUBLIC HEARiNG
April 24, 2007
4:45 PM
This hearing was opened at 5:07 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day
of March, 2007 a Local Law entitled "A Local Law in relation to Wind Energy
Systems for Agricultural Uses" AND
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2007 at 4:45
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Wind Energy Systems
for Agricultural Uses" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for
Agricultural Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the
citizens of the Town of Southold, the Town Board of the Town of Southold finds it
appropriate to encourage the development of small wind energy systems attendant to
bona fide agricultural uses, and to provide standards for such systems. The overriding
goal of this local law is to promote the reduction of on-site consumption of utility power
for such uses, while protecting from any adverse effects of such systems.
II.
follows:
Chapter 280 of the Code of the Town of Southold is hereby amended, as
§ 280- 4. Definitions.
SMALL WiND ENERGY SYSTEM -- A wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity intended primarily to reduce on-site consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400
Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural production,
and subject to the standards provided in Chapter 277 of this Town Code.
III. A new Chapter 277 of the Code of the Town of Southold is hereby
adopted, as follows:
§ 277-1. Definitions.
SMALL WiND ENERGY SYSTEM -- A wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity intended primarily to reduce on-site consumption of utility power.
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of
a small wind energy system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold
Building Department and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be
represented by an agent, the name, address and telephone number of the agent as
well as an original signature of the applicant authorizing the agent to represent the
applicant.
b. Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter or other written
permission signed by the property owner (i) confirming that the property owner is
familiar with the proposed applications and (ii) authorizing the submission of the
application.
c. Address of each proposed tower site, including tax map section, block and
lot number.
d. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance
from structures, property lines, public roads and projected noise levels decibels
(DBA) from the small wind energy system to nearest occupied dwellings.
f. A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation conforms to the
Electric Code.
g. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install an
interconnected customer-owned electricity generator, unless the applicant does
not plan, and so states in the application, to connect the system to the electricity
grid.
§277-3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120)
feet.
To prevent harmful wind turbulence to the small wind energy system, the
minimum height of the lowest part of any horizontal axis wind turbine blade shall
be at least 30 feet above the highest structure or tree within a 250 foot radius.
Modification of this standard may be made when the applicant demonstrates that
a lower height will not jeopardize the safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the
following standards shall apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line
a distance no less than the total height of small wind energy system plus
ten (10) feet.
ii. No part of the wind system structure, including guy wire anchors,
may extend closer than ten (10) feet to the property boundaries of the
installation site.
iii. A small wind energy system shall be set-back from the nearest
public road a distance no less than the total height of the small wind
energy system, plus ten (10) feet, and in no instance less than one hundred
(100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured
at the closest neighboring inhabited dwelling at the time of installation. The level,
however, may be exceeded during short-term events such as utility outages and/or
severe wind storms.
d. Approved Wind Turbines. Small wind turbines must have been approved
under the small wind certification pro~ram recognized by the American Wind
Energy Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications
for small wind energy systems shall be accompanied by standard drawings of the
wind turbine structure, including the tower, base, and footings. An engineehng
analysis of the tower showing compliance with the Uniform Building Code and
certified by a licensed professional engineer shall also be submitted. This
requirement may be satisfied by documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for
small wind energy systems shall be accompanied by a 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 requirement
may be satisfied by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must
comply with applicable FAA regulations, including any necessary approvals for
installations close to airports. The allowed height shall be reduced to comply with
all applicable Federal Aviation Requirements, including Subpart B (commencing
with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations
regarding installations close to airports.
h. Utility Notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be
allowed except that which is specifically required by the Federal Aviation
Administration.
b. The system's tower and blades shall be 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 any
visual disruption.
c. 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.
d. 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 promptly mitigate the harmful
interference or cease operation of the system.
e. 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.
f. 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,
except that a system or tower's manufacturer's logo may be displayed on a system
generator housing in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of
access control, or other appropriate method of access:
ii.
Tower-climbing apparatus located no closer than 12 feet from the
ground.
A locked anti-climb device installed on the tower.
iii.
A locked, protective fence at least six feet in height that encloses
the tower.
h. Anchor points for any guy wires for a system tower shall be located within
the property that the system is located on and not on or across any above-ground
electric transmission or distribution lines. The point of attachment for the guy
wires shall be sheathed in bright orange or yellow covering from three to eight
feet above the ground.
i. All small wind energy systems shall be equipped with manual and
automatic over-speed controls. The conformance of rotor and over-speed control
design and fabrication with good engineering practices shall be certified by the
manufacturer.
§277-5. Fees.
a. The Building Department fee for small wind energy system applications
shall be $250.00.
{}277-6. Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive
months shall be deemed abandoned and shall be dismantled and removed from the
property at the expense of the property owner. Failure to abide by and faithfully comply
with this section or with any and all conditions that may be attached to the granting of
any building permit shall constitute grounds for the revocation of the permit by the
Building Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A~. The Town Board shall appoint such Town Staff or outside consultants as it sees fit
to enforce this Article. Notwithstanding such appointment, the Building Inspector, Code
Enforcement Officer and Town Attorney shall have authority to enforce this Article.
B~. Any person owning, controlling or managing any building, structure or land who
shall undertake a wind energy conversion facility or wind monitoring tower in violation
of this Article or in noncompliance with the terms and conditions of any permit issued
pursuant to this Article, or any order of the enforcement officer, and any agent who shall
assist in so doing, shall be guilty of an offense and subiect to a fine of not more than
$1000.00 or to imprisonment for a period of not more than 30 thirty days, or subject to
both such fine and imprisonment. Every such person shall be deemed guilty of a separate
offense for each week such violation shall continue. The Town may institute a civil
proceeding to collect civil penalties in the amount of $1000.00 for each violation and
each week said violation continues shall be deemed a separate violation.
C~. In case of any violation or threatened violation of any of the provisions of this
Article, including the terms and conditions imposed by any permit issued pursuant to this
Article, in addition to other remedies and penalties herein provided, the Town may
institute any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate
such violation, to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of this Local Law as
a whole or any part thereof other than the part so decided to be unconstitutional or
invalid.
V. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in
accordance with the Municipal Home Rule Law.
We have a memorandum from the Chair of the Planning Board, "The Local Law in
Relation to Wind Energy for Agricultural Use, the Planning Board supports the
enactment of this proposed local law. Please advise if you have any questions." A memo
from Mark Terry, the LWRP coordinator, dated today, "A Local Law in Relation to Wind
Energy for Agricultural Uses, the proposed local law has been reviewed to Chapter 268,
Waterfront Consistency Review of the LWRP. Based upon the information provided, it
is my determination that the proposed action is consistent with the policy standards and
therefore is consistent with the LWRP." I have a memo from the Suffolk County
Planning Department, Dear Mrs. Neville, Pursuant to the requirements of the Suffolk
County Administrative code, this application, which has been submitted to the County
Planning Commission is considered to be a matter of local determination, as there is no
apparent significant countywide or inter-community impact." I have a note here that it
has appeared on the Town Clerk's bulletin board outside and it has appeared as a legal in
the local newspaper. And those are the only comments that are in the file.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on the issue of this proposed legislation? Nick?
NICK TSOUNIS: Nicholas Tsounis, Mattituck, New York. I would just like to say that I
think it is a great idea to find some uses of wind power for the Town even if it is
agricultural uses, it is start. I definitely think it is a good start, hopefully it can be
expanded someday for other uses too, someday. But this is a good start. Thank you.
SUPERVISOR RUSSELL: Thank you, Nick. Would anybody else like to come up and
address the Town Board?
JOHN CALABRESE: John Calabrese, Cutchogue. First of all, I find it outrageous that
we are pursuing this. I can't believe that we are thinking of putting a 120 foot structure,
which is 12 story, is that to the hub or to the end of the blade? Because if it is not to the
end of the blade, we add another 20 feet. We are planning to make 120 foot structure that
is only going to be 10 feet away from my property and the length of the thing. You
know, I live, where I live I got preserved land behind me, the guy can put up, 10 feet
away from 120 feet plus 10 that is 130 feet. I am going to have a structure 130 feet in the
back of my house and somehow, this is okay?
SUPERVISOR RUSSELL: I am not sure you have an understanding, the set off or the
setbacks on this law would require one or one and a half times the height of this structure.
So nobody can put a structure 10 feet off your property line.
MR. CALABRESE: So 110 feet plus 10, that is what I said. The length of the structure
plus 10 feet. So if it is 120 feet, 130 feet away from my house, my property line, I am
going to have this 12 story thing in the back of my house. This is point number one.
Point number two, according to the federal wind speeds charts we are in a (inaudible) we
are number one. Meaning there is no way whatsoever here they can turn a turbine to
begin with. The mean speed is 5.5, this is the bare minimum and if you put up a wind
structure like that there is no, it doesn't do anything. It is never going to spin. I mean, I
don't know. In Orient there was a big to-do about putting up a wireless tower, a big to-do
last year I remember, with the Suffolk Times, all over. Everybody is complaining that
you are going to have this structure. Now we planning to put a 120 feet, 12 story high
structure and somehow it seems okay. You know, we are going to save a little bit of
electricity. I don't think it is worth it. Okay, if you were saving (inaudible) amount of
electricity, I would go along with it but it is nothing. There is nothing there. I mean, I
don't know, I mean are we trying to do (inaudible) that somehow we are responsible as
individual homeowners for this energy crisis? I mean, look around. There is a theory
that we have, what do you call, light pollution. That at night, in other words, the boats
can't know where they are going because there is too much light. You mean to tell me
that if somebody goes into space and looks at my house, my house is going to shine up?
Somebody could see it? Or for you, too, Mr. Scott Russell. Do you think somebody
could see your house from outer space?
SUPERVISOR RUSSELL: I don't think birds fly that high, so I am not sure I understand
the analogy.
MR. CALABRESE: The analogy is that we are trying .....
SUPERVISOR RUSSELL: The issue of light pollution at night is fundamentally
different than the idea of and I don't think that anyone is suggesting that homeowners are
responsible for the energy crisis but the sad reality is if we want to look for solutions for
the energy crisis, then the homeowners will be assuming that responsibility as we go
forward. We were very careful in site selection here, we have used criteria that would
only apply to bona fide ag operations, it requires substantial lot size, it is not like there is
going to be a pell-mell rush in Southold Town to put windmills up. Also, regarding the
height of this structure height of this structure, none of the structures that I have viewed
are as high as the spine that carries electric to your home that is installed by KeySpan,
formerly LILCO, that runs right along the spine of Southold Town. Not one structure
that would be permitted under that law exceeds the height of any of those towers, high
profile towers.
MR. CALABRESE: You know, be as it may, but the thing is (inaudible) we are trying to
do something for the environment, we want to save electricity. I mean, if you want to
save electricity, if you really want it, if the Southold Town really wants it, why don't we
do something drastic? Why don't we take, for instance an example, Mr. Wickham. He is
closed on Sunday. Why don't we stay closed on Sunday? That might be too drastic.
How about if the stores, for instance, they are open until 10:00 at night, why don't say
instead of 10:00, everybody has to close at 9:30. I mean, now you have something
meaningful. We actually are saving electricity. But to put 120 feet in the back of my
house, so you can save a little bit of electricity ....
SUPERVISOR RUSSELL: Who is going to, is there a specific application? I am not
aware of any application to have someone put a windmill in the back of your house.
MR. CALABRESE: Well, the possibility is there. Of course, nobody is going to put it
but the policy is there. First of all, I think 10 feet, the height plus 10 feet is ludicrous. I
mean, if you want to do it, put it in the middle of the seven acres. Why should it be in the
back of my house? Or in the back of anybody's house that is close to a farm. You want
to do it, great, you know, put it in the middle of the seven acres. Then are we limited to
one structure for seven acres or do you need seven to have one and if you have 14 acres
you could have two? If you have 14 acres you could have two?
SUPERVISOR RUSSELL: No. The criteria was for one generation system. The
minimum standard was you need at least seven acres to qualify, to even apply for it. It is
not that for every seven acres you get, you get a windmill. You don't even get in the
front door unless you have at least seven acres of active agricultural operation.
MR. CALABRESE: Still, you know, if you do the numbers to what you will be saving,
maybe a couple of hundred dollars a year of electricity.
SUPERVISOR RUSSELL: It is merely an option for the farmers, if that is the case then
they are not going to be rushing to put these up. But the reality is, all we are trying to do
is provide the opportunity and those options, so people, can (inaudible). I am not the
bookkeeper or the accountant of agricultural operation but if an agricultural operation
thinks that this is a way that they can save money and reduce their overhead and stay in
business, then I simply want to provide for them that opportunity. And I will leave it to
them and their accountants if this is the investment that they want to make. But I have
agricultural operations...
MR. CALABRESE: You are going to vote for this and we are going to be stuck with this
for, you know, with this law on the books. And once we have the law, somebody is
going to take advantage of it. I mean, nobody is going to take advantage of it now
because there is no rebates from LIPA. Once LIPA makes rebates available, then of
course, somebody is going to do it. I mean, right now...
SUPERVISOR RUSSELL: I just, I don't mean to belabor this but is your opposition to
the general notion of alternative energy sources or the specific site issues that concern
you, such as the location near you? Because if it a general alternative energy concept,
than I can't offer any discussion on that but if you have site issues, I would love to sit
down and talk to you about it.
MR. CALABRESE: I think it is crazy that, I mean, that somebody could put up a 12
story thing; not my house, anybody. If you leave near, you know, an agricultural site, it
is like, right there. I mean, if your house happens to be right there, you are going to be
there. I mean, this thing is going to be in the back of your house. Whether it makes noise
or it doesn't make noise, I don't know but you know something? I think the Town should
rethink this...
SUPERVISOR RUSSELL: Rethink the entirety or rethink site issues? In other words,
siteing? Make sure that the location issues are addressed?
MR. CALABRESE: No, I think why should we have this? I mean, we are not saving
that much money.
SUPERVISOR RUSSELL: It is not an issue about money it is an issue about doing the
responsible thing and looking for alternative energy sources. And let me remind you...
MR. CALABRESE: Okay, the responsible thing...
SUPERVISOR RUSSELL: Let me remind you that we have an obligation, I have an
obligation to future generations to look for alternative energy sources. That is the
generation before me that didn't bother doing that. They were the ones that were living
off American oil that was the biggest producer up until about the 1960's. It was that
generation that didn't have the foresight to address alternative energy issues and made me
and now my children at 6 and 3 dependent on hostile regions to produce 63% of the oil
that we are consuming. I don't think it is unreasonable or unfair for the Town to say, you
know what? Let's take the lead in finding alternative energy sources. This is not
subsidized by the Town taxpayers, it is not at cost to the taxpayers, it simply allows the
homeowner to say, you know, I want to look at my options, I want to look at the future
and I want to decide what is best for me, what is best for my community and what is best
for my society.
MR. CALABRESE: You know, I think we, in other words, the thing for me is that we tie
into this somehow money, let's say for instance, we talk about solar energy, that we are
saving with solar energy. According to LILCO, I don't know about anything, according
to LILCO if you put in a 10KW system, it wiI1 cost you $80,000.
SUPERVISOR RUSSELL: Right.
MR. CALABRESE: The homeowner is going to cost $36,000. Where does the other
$44,000 materialize from? And according to them, we are only saving 12,000 watts.
Which is basically $800 about $900 a year. For us to save $900, we have to spend
$44,000. Okay, maybe it is not coming out of your pocket, it is coming out of all of us
pocket. I mean, okay, if the guy wants to put in a solar system, well, let him. If he wants
to be so altruistic but let him use his money to do it. I mean, why do we have to put up
$47,000 for him to have this thing on his house. If he was saving a tremendous amount
of energy, I say, wow, that is fantastic, I would do it myselfi But he is not saving
anything. The saving according to LILCO is $800. That is it. After you spend $80,000.
The money has to materialize from somewhere.
COUNCILMAN KRUPSKI: The investment in that kind of infrastructure is expensive
but the investment that we are spending all over the world to try to find oil is very
expensive also.
SUPERVISOR RUSSELL: And we are running out of...
MR. CALABRESE: But the thing is, maybe like I said, you should think about some
other way. In other words, if Southold really wanted to try to come up with something
different, like I said, why don't we shut down the stores before 9?
SUPERVISOR RUSSELL: Okay. Those are different issues. You are talking about
finding the creation of electric to begin with and then the consumption of electric, which
is a separate issue and we are putting a focus on how to reduce consumption over the next
few months. We will be bringing seminars, green building seminars and t he like to the
public. But you really need to understand that consumption is one issue, the sheer and
practical production of electric is something else. I don't think we can live in a culture
that doesn't need electric, the fact is that we have to look at alternative sources of that
electric production. And you are saying, well, why should, you know, who will pay for
this? ! don't know, why should my daughter be left paying $100 or $150 or probably
$300 a barrel a few years from now because I didn't have the foresight to address the
issue today?
MR. CALABRESE: Okay. But what I am saying is fine, you know, we should find a
different way of making energy but not just to put up a windmill because this is no
electricity whatsoever. I mean, that is like, I don't know...
SUPERVISOR RUSSELL: I have got study after study that says that is probably not the
case. But again, I will leave it to the accountants and the farmers to evaluate the impact.
But I do want to say and I don't want to seem passionate about it but I don't want to
repeat the mistakes from my parents. I want to have enough foresight to address the issue
for the future. And I don't mean any disrespect to my parents but they lived in a very
comfortable age and that age is over. Regarding oil.
MR. CALABRESE: Let's hope not.
SUPERVISOR RUSSELL: Oh, it is. Read the papers. I am sorry. That scary looking
guy with the tattoos? By the way, he is on our Energy Committee. He is our wind
professional.
ROY RAKOBITSCH: Roy Rakobitsch, I sit on the Southold Town Energy Committee
with Marie and Anthony and a bunch of other really knowledgeable people. I just wanted
to speak in response to this gentleman's idea that wind doesn't produce a lot of
electricity. The map that he is looking at states 5.0 to 5.5 meters per second. The
conversion to miles per hour is roughly between 11 and 12.5 miles per hour and the
amount of power that can be generated at heights around 100 to 120 feet or depending on
the size of the turbine, more than enough to help out with saving thousands of dollars of
electricity a year. I mean, there are calculations that were done, we really spent a lot of
time going over this, looking at it from many different aspects. There has been a lot of
people involved, bringing a lot of knowledge, you know, to the forefront in trying to
write a very detailed code that is not only friendly toward the Town but really
encouraging people to not do this but to look at different alternatives, maybe this fits
certain sites, maybe this can help out agricultural operations, maybe it won't. The 120
foot limit was really set as a minimum, if the blades were longer than 120 including the
tower, everything would obviously go for a board of review anyway. So you guys
obviously have the final word in anything.
SUPERVISOR RUSSELL: Right.
MR. RAKOBITSCH: So that is obviously was stated in the first thing.
SUPERVISOR RUSSELL: Thank you very much. And you know, I have to tell you, I
plugged you guys quite a bit but I am very proud to be part of that Committee. You guys,
the amount of work and commitment you have shown to the Alternative Energy efforts is
gratifying, to say the least. Would anybody else like to address the Town Board on this
issue? Made?
MARIE DOMINICI: Marie Dominici, Mattituck. In regards to Mr. Calabrese's concern
about the 120 feet and his concerns about that, I think maybe to allay some of his fears,
the wind tower would be placed closest to the connection to electricity, so if indeed his
property butts up against a farm, the connectivity for the electricity might be on the far
end of that farm. So let's say that might be an acre or two of space, so unless you
determine site specifically where the connectivity is for the electricity versus where that
wind turbine is going to stand, it is going to be a site by site observation and decision on
how that is going to play out. And if I can just make one comment about solar, am I
allowed to do that?
SUPERVISOR RUSSELL: Please.
MS. DOMINICI: Back in 1999 Governor Pataki gave a bazillion dollars, I don't have
the number, but it was a huge number, to LIPA to start to raise interest in solar power. In
1999, not a lot of interest was raised by the general public and so the money was just kind
of sitting there in big pots, waiting for somebody to take advantage of that. I would say
around 2000, 2001, the interest started to grow. By 2003 there were 250 solar
homeowners on Long Island, that includes Nassau and Suffolk county. Actually, right
now as I speak to you, there are over 800 solar users. I will use my house as an example.
I have a 4500 watt system, the cost was $36,000. LIPA gave me $22,500; I have a state
tax credit of $3,250. My out of pocket was $10,250. My payback is 6 ½ years, and that
was before oil went out of reality. So the point I am trying to make is, that the money
that you outlay for the solar if found money from LIPA. It doesn't come out of a
taxpayers pocket, it costs us nothing. You should know that my last electric bill was
$20.32. You should also know that the Mattituck-Cutchogue School District is now
looking into putting solar onto the two schools, the High School and the Elementary
School. It will cost the taxpayers of this community absolutely nothing to put this on the
school districts roofs. You should also know that Mattituck-Cutchogue last year spent
$350,000 on electricity. So if the solar panels can help defray the cost of that electricity,
that saves the taxpayers having to fund that bucket of money. So, I could evangelize
further, I chose not to and thank you for your time.
SUPERVISOR RUSSELL: Thank you, Marie. Again, if the issue with Mr. Calabrese is
the alternative energy, I can't argue. I can't, I have nothing to offer him. But if it is
siting issues or location issues, those are the things that we could talk about. Well, those
are things that we could talk about but when we did this if you understand the wind
technology and the costs involved, they are going to have to be located near the base of
operation to begin with. So if you are a nursery, greenhouse, container stock operation,
the windmill is going to be on site, near the structures. It is just from an investment point
of view, couldn't put it randomly out in a field.
MR. CALABRESE: (Inaudible) you know, the proposed law, is that actually spelled
out?
SUPERVISOR RUSSELL: No but there is a siting and, there is a review requirement for
the application. Nobody can just come in and get a building permit for this. You still
have to go through a review process, that still at the end of the day allows the Town to
tell you to locate it away from Mr. Calabrese's property because it is too dose and put it
here. We lel~ that review component in, so I understand your concerns but you know, a
few years ago, LIPA was proposing redoing all the high tension wires, the whole spine
along the whole North Fork and I don't remember you or anybody else coming up and
saying, hey, that is not right, we shouldn't have to look at these things. But there is
people there that do. That is the fundamental equation that gets made ....
MR. CALABRESE: Well, when there is something interesting, then you come up and
talk about it. You know.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
issue? (No response) Hearing none, can I get a motion to close?
TOWN ATTORNEY FINNEGAN: Can I just make two comments on this? The first
one is that the, it refers to being an AC, R-80, 120, 200 & 400. The R-40 refers to the
same uses, so as is it would go in R-40 also. That is the intention. I just want to make
everybody understands that.
SUPERVISOR RUSSELL: They would still have the underlying requirement of being a
bona fide agricultural operation of at least seven acres. That is probably only one or two
farms that I can think of that are R-40 that way.
TOWN ATTORNEY FINNEGAN: And then the other thing is that it refers to that the
property has to be in agricultural production. There is no agricultural production
definition in the zoning code, there is one in Chapter 70, which is agricultural lands
preservation. We can add that ag production definition to the zoning code. There is
some work on definitions but that is the one that we have now that we are working with,
so we can put that into the zoning code for the time being and work with the definitions
later. But that would be part of the local law then, to add the definition.
COUNCILMAN WICKHAM: Of bona fide agricultural production?
TOWN ATTORNEY FINNEGAN: Right. Because there is not one there now, so we
can put in the one we have.
SUPERVISOR RUSSELL: Okay. Is that acceptable? Did we close the heating?
This heating was closed at 5:30 PM
Southold Town Clerk
Town of Southold - LetterO BoOMeeting of April 24, 2007
RESOLUTION 2007-417
ADOPTED
Item # 29
DOC ID: 2836
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-417 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 24, 2007:
RESOLVED that the Town Board of the Town of Southold finds that the proposed "A Local
Law in relation to Wind Energy Systems for Agricultural Uses" is classified as an Unlisted
Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town
Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated
review of this action and issues a Negative Declaration for the action in accordance with the
recommendation of Mark Terry dated April 20, 2007, and authorizes Supervisor Scott A. Russell
to sign the short form EAF in accordance therewith.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
14OVER: William P. Edwards, Councilman
SECONDER: Albert Krupski .Ir., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .Ir.
Generated April 30, 2007 Page 44
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RI":CORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
,-,., ,~ q -Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
Elizabeth A. Neville
Town Clerk
~uffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Signature,
Please print name
Date:
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energ~ Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
CC:
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
~illage of Greenport Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
$~gn~ture~, ~e~]ved B}
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
l.~,T'own of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Please print name ~
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765~1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M._. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
,/'Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
S~gnature, Recmved By ~ ~
Please print name
Date:
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
EECEW2D
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork.net
R~CEIV~D
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
~-~3outhold Town Assessors
Southold Town Building Department
Sign~Re~e,~ved By
Please print name /
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date: ';/~/~e~7
,/
Title: ,4~c -~,(~
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK RECEI¥~D
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
CC2
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
/Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Signature, Rec'eixle'd By ~
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
F//ZABETH A. N]~_ -T~R, RMC, CMC
TOWN CLERK
REGISTRAR OF ~T~ STATI~
~GE OF~CE~
~S ~AG~ O~ICE~
~EDOM OF ~O~TION OF~CER
Town Hall, §8095 Main Ro~I
P.O, Bo~ 1179
~utho~, N~ York 11971
F~ (631) 765-61~
Tel~h~ne (631) 7~-1800
~u~old~n.no~ork.n~
OFFICE OF THE TOWN CT,~RK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAI~ NOTICB that the Town Board of the Town of Southold will hold a public heark~ on April :~l, 2007 on
thc proposed Local Laws cntitlcd "~ Lc-':''~ Law hi relafft91i tO Wind Ene. r~v Systems for AerleultUnd Uses" at
4:45 P.M. Please si~n the duplicate of this lctter and return to me at your earliest convenience in thcself-
address~l ~vetope. Thank you.
Attachments
cc: Suffolk CounW D~parlm~nt of Planning
Villag~ of Greenpon
Towu of Riverb~,~
Southold Town Planning Bom'd
Southold Town Assessors
Southold Town Building Depertmcnt
qRe~oiv0 9y/'
Please print namo /
Blizab~hh A. N~ille
Town Clerk
,/Lon~ Island ~q~*~c Park ~.mmisslon
Town of Shelter Island
Town o f Southampton
Southold Town Truslccs
Southold Town Board of Appeals
Date: '1 2007
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR ()F VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM ()F INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Signature, ReCeived B30'
Please print name 1c'4~
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
~'Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Date: at /
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
CC:
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
~-~Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Signature, Received By
Please print name
Date:
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
RECEIVED
SoutL.3~ 1B.v~ C~erk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
~"Southold Town Trustees
Southold Town Board of Appeals
Sigfl~atdre, Received By
Please print name
Date: ~// I/O ')
Title:
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold public hearings on April 24,
2007 on the proposed Local Laws entitled "A Local Law in relation to Wind Enerk, v Systems for
Agricultural Uses" at 4:45 P.M.. Please sign the duplicate of this letter and return to me at your earliest
convenience in the self-addressed envelope. Thank you.
Attachments
CC;
Elizabeth A. Neville
Town Clerk
Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Southold Town Planning Board
Southold Town Assessors
Southold Town Building Department
Long Island State Park Commission
Town of Shelter Island
To~vn of Southampton
Southold Town Trustees
Southold Town Board of Appeals
Si~na{u~e, Received By -- - '
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Supervisor
Members of the Town Board
From: Jerilyn B. Woodhouse, Chairperson
Members of the Planning Board
Date:
Re:
RECEIVED
$ou~.h~ ~ow~ Cled~
April 24, 2007
"A Local Law in relation to Wind Energy Systems for Agricultural Uses"
The Planning Board supports the enactment of the above-captioned local law.
Please advise if you have any question or need additional information.
S:~Planning\2007\Town Board\town board 4.24.07.doc
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
RECEIVTD
MEMORANDUM
To: Town of Southold Town Board
Patficia Finnegan, Town Attorney
From: Mark Terry, Principal Planner ~I~
LWRP Coordinator
Date: April 24, 2007
Re: "A Local Law in relation to Wind Energy System for Agricultural Uses".
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)
Policy Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department as well as the records available to me, it is my determination
that the proposed action is CONSISTENT with the Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Kieran Corcoran, Assistant Town Attorney
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
Apfilll, 2007
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
£ECEIV~D
Ms. Elizabeth Neville, Town Clerk
Town of Southold Planning Bd.
53095 Main Road - P.O. Box 1179
Southold, NY 11971
Applicant:
Town of Southold
Zoning Action:
Amend Section 280-4 "Definitions"; 280-13 "Use
Regulations" in connection with a local law in
relation to wind energy systems for Ag. use
Public Hearing Date: 4/24/07
S.C.P.D. File No.: SD-07-03
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the above referenced application, which has been submitted, to the Suffolk County Planning Commission is
considered to be a matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an approval
or disapproval.
Very truly yours,
Thomas Isles, AICP ................. ~,~
Director o f .Pl~mg'~ .,~ /
Chief Planner
APF:cc
G;\CC HO RN~ZON IN G~.ONING'~W 0 RKIN G~LD2005\MAY~R04 - 105.A p R
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 } 853-4044
#8331
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, commencing on the 19th day of April ,2007.
Principal Clerk
Sworn to before me this
2007
day of ~
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-V06105050
Qualified In Suffolk County
Commission F. XDIres February 28, 2008
RrCEIV;;D
,: ~ 2007
SoutLold T~,wn Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN
there has been presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 13th day of
March, 2007 a Local Law entitled "A
Local Law in relation to Wind Ener~
Svstems for A~icultural Uses" AND
NOTICE I~ HEREBY FURfHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law at
the Somhold Town Hall. 53095 Main
Road, Southol& New York. on the 24th
day of April, 2007 at 4:45 p.m. at which
time all interested persons will be given
an opportunity to be heard.
follows:
L CAL .
A Local Law entitled, "A Local Law
in relation to Wind Erie _r~v Systems for
A~iculiural Uses".
BE 1T ENACTED by the Town
Board of the Town of Southold as fol-
lows:
i. Purpose - In order to provide for
the health, safety and welfare of the
citizens of the Town of Southold, the
Town Board of the Town of Southold
finds it appropriate to encourage the
development of small wind energy sys
terns attendant to bona fide agricultural
uses, and to provide standards for such
systems. The overriding goal of this lo-
cal law is to promote the reduction of
on-site consumption of utility power for
such uses, while protecting from any ad-
verse effects of such systems.
Il. Chapter 280 of the Code of the
Town of Southold is hereby amended,
as follows:
§ 280- 4. Definitions.
SMALL'WIND ENERGY SYSTEM
-- h wind enerev conversion system
consisting of a wind turbine, a tower.
and associated control or conversion
electronics, which has a rated caoac-
ltv intended nrimarilv to reduce on site
consumotion of utility vower.
ARTICLE Ill
Agricultural-Conservation (A-C)
District and Residential R 80, R 120, R-
200 and R400 Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind enemy systems on
oarcels greater than seven (7) acres in
size. which oarcels are dedicated ori-
madly to uses necessary for bona fide
atricultural oroductiom and subject to
the standards vrovided in Chanter 277
of this Town Code.
m. A new Chapter 277 of the Code
of the Town of Southold is hereby ad-
opted, as follows:
8 277-1. Defiintions.
SMALLWIND ENERGY SYSTEM
-- A wind energy conversion system
consisting of a wind turbine, a tower.
and associated control or conversion
electronics, which has a rated canac-
ltv intended primarily to reduce on-site
consumption of utility oower.
TOWER HEIGHT - The height
above trade of the fixed t~ortion of a
tower that is part of a small wind energy
system, exclusive of the wind turbine.
8 277-2. Andiication.
Av~lications for small wind energy
s,,~tems shall be submitted to the Town
of Southold Building Deoariment and
shall include:
a. Name. address, televhone number
of the atmlicant. If the applicant will
be reoresented by an a~etu, !he 0amc,
address and telephone number of the
agent as well as an oriinnal sienature of
the aoolicant authorizing the a~ent to
renresetu the applicant.
b. Name. address, telenhone number
of the orooertv owner. If the orooertv
owner is not flie applicant, the anolica
lion shall include a letter or other writ
ten t~ermission signed bv the property
owner (i} confirmin~ that the property
owner is familiar with the nroposed ap-
~rllications and (ii) anthorizinu the sub-
mission of the at~olication.
c. Address of each Drooosed tower
site. including tax man section, block
and lot number,
d. Evidence that the t~rooosed tower
hin~ht does not exceed the height rec-
ommended by the manufacturer or dis-
tributor of the system.
e. A plot olan at 1' 100' scale denict-
ine the limits of the fall zone distance
from structures~ orooertv lines, public
roads and ~rdiected'noise levels deci-
bels (DBA) from the small wind energy
system to nearest occulted dwellinex
L A line drawing of the electrical
comoonents of the svstum in sufficient
detail to allow for a determination that
the manner of installation conforms to
the Electric Code.
e. Written evidence that the electric
utihtv service ~rovider that serves the
~rovosed site has been informed of the
annlicant's intent to install an inter-
connected customer-owned electricity
generator, unless the ao~licant does not
olan. and so states in the a~diication.
to connect the system to the electricity
8277-3. Develonment standards.
a. Tower Height. Tower height shall
not exceed one hundred twenty (120)
feet~
To orevent termini wind turbulence
to the small wind enemy system, the
minimum height of the lowest vart of
any horizontal axis wind turbine blade
shall be at least 30 feet above the-high
~D~e proposed LocalLawentitled,"A . est structure or tree within a 250 foot
Local Law in relation to Wind Energy radius. Modification of this standard
Systems for A~rlcltitural Uses reads as may be made when the applicant dcm-
onstratus that a lower height will not
ieot>ardize the safety of the wind tur-
bin~ structure.
b. Set-backs, Notwithstundina the
nrovisions of the Bulk Schedule. the
following standards shall at>oN to Small
Wind Enerav Systems:
i.A small wind enerav system shall be
set back from a vrovertv line a distance
no less than the total height of small
wind energy svstum dins ten (10) feet.
ii. No oart of the wind svstum struc
tare. includina any wire anchors, may
extend closer than ten (10) feet to the
orot~ertv boundaries of the installation
iii. A small wind energy system shall
be set-back from the nearest t~ublic
road a distance no less than the total
height of the small wind energy system.
plus ten (10) feet. and in no instance less
than one hundred (1001 feet.
¢. Noise. Small wind enerev systems
shall not exceed 60 DBA. as measured
at the closest neiehborina inhabited
dwelllna at the time of installation. The
level however, may be exceeded dutln~
short-term events such as utility outages
and/or severe wind storms.
d. Aonroved Wind Turbines. Small
wind tu)bines must have been atmroved
under the small wind certification nro-
cram recognized bv the American Wind
Enemy Association and/or NYSERTA.
e. Compliance with Uniform Build-
in~ Code. Buildint oermit amflications
for small wind energy systems shall be
accommnied bv standard drawings of
the ~ind turbine structure, including
the tower, base. and footin~ An enal-
neerine analysis of the to'er showihe
compliance with the Uniform Building
Code arid certified bv a licensed nrofes-
sional engineer shall also be submitted.
This reouirement may be satisfied by
documentation Dresented by the manu-
facturer.
fi Comnliance with National Electric
Code. Buildina ~ermit a~licatlons for
small wind energy systems shall be ac-
comnanied by a line drawin~ of the elec-
trical comoonents in sufficient detail to
allow for a determination that the man-
ncr of installation conforms to the Nd-
lionel Electrical Code. This requirement
may be satisfied by documentation sun-
nlied bv the manufaePJIer,
e. Comoliance with FAA Regula-
tions. Small wind energy systems must
com~lv with anolicable FAA regula-
tions, includin~ any necessary av~rovals
for installations close to almorts. The
allowed heiaht shall be reduced to com-
olv with all an~hcable Federal Avia-
tion Reouirements. Jncludin~ Sub.art
B (commencing with Sectinn~77.11'l of
Part 77 of Title 14 of the code of Fed-
eral Reeulatlons retardine installatioll$
close to airoorts.
h. U filitv Notification. No small wind
energy system shall be installed until
evidence has been ~iven that the util
ltv comoanv has been informed of the
customer's intent to install an intercon
nected dustome~owned ~cnerator. Off-
grid systems shall be exemtu from this
re0uirement.
8277-4. Construction standards.
a. Exterior lighting on any structure
associated with the system shall not be
allowed excetu that which is soecificallv
reauired by the Federal Aviation Ad-
mirdstration.
b. The system's tower and blades
shall be a non-reflective, unobtrusive
color that blends the system and its
components into the surround/ne land
scene to the ereatest extent oossible and
incoroorate non-reflective surfaces to
minimize any visual disrutuion.
c. All on-site electricai wires
ated with the system shall be installed
underground except for "fie-ins" to a
tmblic utility comnanv and oubfic tug-
ltv company transmission poles, towers
and lines.
d. The system shall be overated such
that no disruntive electromagnetic inter-
ference is caused. If it has been demon-
strated that a system is causing harmful
interference, the system onerator shall
promotlv mitinate the harmful interfer-
ence or cease ooeration of t~e system.
e. At least one si~n shall be posted on
the tower at a height of five feet Warn-
[ne of electrical shock or high voltage
and harm from revolvina machinery.
£ No brand names, logo or advertis-
ing shall be nlaced or nainted 01~ the
tower, rotor, generator or tail vane
where it would be visible from the
around, exceot that a system or tower's
manufacturer's logo may be displayed
on a system ~enerator housin~ in an un-
obtrusive manner.
~. Towers shall be constructed to
orovide one of the .fdilowin~ means of
access control, or other aDorooriate
method of access:
i.Towe¢climbin~ apparatus located
no closer than 12 Icct from the ground.
ii. A locked anti-clmib device in-
iii. A hack~l, nrotuctive fence at
least six feet in height that encloses the
tower.
h. Anchor ooints for any guy wires
for a system tower shall be located witN
in the property that the system is locat-
ed on and not on or across any above-
~ound electric transmission or distribu
tion lines. The ~oitu of attachment for
the euv wires shall be sheathed in briaht
orange or yellow covering from three to
eight feet above the ~ound.
i. All small wind energy systems shall
be euuin~ed with manual and automatic
over-sheer controls. The conformance
of rotor and over-s~eed control desien
and fabrication with good engineering
vracfices shall be certified by the manu-
facturer.
8277-5. Fees.
a. The Binldine Devartment fee for
small wind energy system ap~flications
shall be $250.00.
8277-6. Abandonment of Use.
All small wind energy systems which
are not used for twelve (12) successive
months shall be deemed abandoned
and shall be dismantled and removed
from the property at the expense of the
property owner. Failure to abide bv and
faithfully comvlv with this section or
with an~ and alii conditions that may be
attached to the granting of any building
vermit shall constitute grounds for the
revocation of the ~ermit bv the Building
Department.
8277-7. Enforcement: Penalties and
Remedies for Violations
A. The Town Board shall anvdint
such Town Staff or outside consultants
as it sees fit to enforce this Article. Not-
withstanding such am)ointment, the
Building Insoector. Code Enforcement
Officer and Town Attorney shall have
a~thodtv to enforce Otis Article.
or managing any building, structure or
land who shall undertake a wind energy
conversion faWflitv or wind mointur-
lng tower in violation of this Article or
in noncomoliance with the terms and
ant to this Article. or any order of the
shall assist in so doing, shafi be auiltv
dent for a peri6d of not more (hen 30
thirty days. or subiect to both such fine
shall be deemed guilty of a separate
a civil vroceedine to collect civil penal-
ties in the amount of $1(~0.00 for each
violation and each week said violation
continues shall be deemed a separate
violation.
C. in ease of any violation or threat
ened violation of any of the vrovisions
of this Article. includin~ the term~
conditions imoosed bv any oermit is-
sued vursuant ~o this Article. ih addition
to other remedies and oenalties hereia
vrovided, the Town may institute any
aooropriate action or nroceedint to
t~revent such unlawful erection, struc-
tural alteration, reconstraction, moving
and/or use. and to restraim correct or
abate such violation, to orevent the il-
legal act.
IV. SEVERABILITY.
Should any provision of this Local
Law be declared by the courts to be un-
constitutional or invalid, sugh decision
shall not affect the validity of this Lo-
cal Law as a whole or any part thereof
other than the part so decided to be un-
constitutional or invalid.
V. EFFECTIWE DATE.
This Local Law shall be effective
upon its filing with the Secretary of
State in accordance with the Municipal
Home Rule Law.
Dated: March 27, 2007
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD
Elizabeth Neville
Town Clerk
8331-1T 4/19
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April I0, 2007
Re: Reso. #332 regarding proposed Local Law in
relation to "A Local Law in relation to Wind Energy
Systems of Agricultural Uses" of the Code of the Town
of Southold
Thomas Isles, Director of Planning
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Isles:
The Southold Town Board at their regular meeting on March 27, 2007 adopted the above
resolution. Certified copy of same is enclosed.
Please prepare an official report defining the Planning Commissions recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Southold Town Planning Board for their review.
The date and time for the public hearing is 4:45 PM, Tuesday, April 27, 2007. Should you have
any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Board'
Town Attorney
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
'rown Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 16311 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 2007
Re: Resolution No. 332 regarding proposed Local Law
in relation to Wind Energy Systems for Agricultural
Uses
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Ms. Woodhouse:
The Southold Town Board at their regular meeting held on March 27, 2007 adopted the above
resolution. A certified copy of same is enclosed.
Please prepare an official report defining the Planning Board's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local
law has also been sent to the Suffolk County Planning Department for their review. The date and
time for the public hearing is 4:45 PM, April 24, 2007. Should you have any questions, please
do not hesitate to contact me. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures (1)
cc:. Tgwn~ Board.
Town Attdmey
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 13th day of March, 2007 a Local
Law entitled "A Local Law in relation to Wind Energy Systems for Agricultural
Uses" AND
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Sonthold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2007 at 4:45
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Wind Ener~w Systems
for Agricultural Uses" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for
Agricultural Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the
citizens of the Town of Southold, the Town Board of the Town of Southold finds it
appropriate to encourage the development of small wind energy systems attendant to
bona fide agricultural uses, and to provide standards for such systems. The overriding
goal of this local law is to promote the reduction of on-site consumption of utility power
for such uses, while protecting from any adverse effects of such systems.
II.
follows:
Chapter 280 of the Code of the Town of Southold is hereby amended, as
§ 280- 4. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity intended primarily to reduce on-site consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R~400
Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which
parcels are dedicated primarily to uses necessary for bona fide agricultural production,
and subiect to the standards provided in Chapter 277 of this Town Code.
III. A new Chapter 277 of the Code of the Town of Southold is hereby
adopted, as follows:
§ 277-1. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics, which has a rated
capacity intended primarily to reduce on-site consumption of utility power.
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of
a small wind energy system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold
Building Department and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be
represented by an agent, the name, address and telephone number of the agent as
well as an original signature of the applicant authorizing the agent to represent the
applicant.
b. Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter or other written
permission signed by the property owner (i) confirming that the property owner is
familiar with the proposed applications and (ii) authorizing the submission of the
application.
c. Address of each proposed tower site, including tax map section, block and
lot number.
d. Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance
from structures, property lines, public roads and projected noise levels decibels
(DBA) from the small wind energy system to nearest occupied dwellings.
f. A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation conforms to the
Electric Code.
g. Written evidence that the electric utility service provider that serves the
proposed site has been informed of the applicant's intent to install an
interconn~ed customer-owned electricity generat~[, unless the applicant does
not plan, and so states in the application, to connect the system to the electricity
grid.
§277-3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120)
feet.
To prevent harmful wind turbulence to the small wind energy system, the
minimum height of the lowest part of any horizontal axis wind turbine blade shall
be at least 30 feet above the highest structure or tree within a 250 foot radius.
Modification of this standard may be made when the applicant demonstrates that
a lower height will not ieopardize the safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the
following standards shall apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line
a distance no less than the total height of small wind energy system plus
ten (10) feet.
ii. No part of the wind system structure, including guy wire anchors,
may extend closer than ten (10) feet to the property boundaries of the
installation site.
iii. A small wind energy system shall be set-back from the nearest
public road a distance no less than the total height of the small wind
energy system, plus ten (10) feet, and in no instance less than one hundred
(100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured
at the closest neighboring in_habited dwelling at the time of installation. The level,
however, may be exceeded during short-term events such as utility outages and/or
severe wind storms.
d. Approved Wind Turbines. Small wind turbines must have been approved
under the small wind certification program recognized by the American Wind
Energy Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications
for small wind energy systems shall be accompanied by standard drawings of the
wind turbine structure, including the tower, base, and footings. An engineering
analysis of the tower showing compliance with the Uniform Building Code and
certified by a licensed professional engineer shall also be submitted. This
requirement may be satisfied by documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for
small wind energy systems shall be accompanied by a 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 requirement
may be satisfied by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must
comply with applicable FAA regulations, including any necessary approvals for
installations close to airports. The allowed height shall be reduced to comply with
all applicable Federal Aviation Requirements, including Subpart B (commencing
with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations
regarding installations close to airports.
h. Utility Notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed of the
customer's intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be
allowed except that which is specifically required by the Federal Aviation
Administration.
b. The system's tower and blades shall be 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 any
visual disruption.
c. 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.
d. 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 promptly mitigate the harmful
interference or cease operation of the system.
e. 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.
f. No brand names, logo or advertising shall be placed or painted on the
tower, rotor, generator or tall vane where it would be visible from the ground,
except that a system or tower's manufacturer's logo may be displayed on a system
generator housing in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of
access control, or other appropriate method of access:
ii.
Tower-climbing apparatus located no closer than 12 feet from the
ground.
A locked anti-climb device installed on the tower.
iii.
A locked, protective fence at least six feet in height that encloses
the tower.
h. Anchor points for any guy wires for a system tower shall be located within
the property that the system is located on and not on or across any above-ground
electric tr~l~mission or distribution lines. The poi~l~ll~f attachment for the guy
wires shall be sheathed in bright orange or yellow covering from three to eight
feet above the ground.
i. All small wind energy systems shall be equipped with manual and
automatic over-speed controls. The conformance of rotor and over-speed control
design and fabrication with good engineering practices shall be certified by the
manufacturer.
§277-5. Fees.
a. The Building Department fee for small wind energy system applications
shall be $250.00.
§277-6. Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive
months shall be deemed abandoned and shall be dismantled and removed from the
property at the expense of the property owner. Failure to abide by and faithfully comply
with this section or with any and all conditions that may be attached to the granting of
any building permit shall constitute grounds for the revocation of the permit by the
Building Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A_~. The Town Board shall appoint such Town Staffor outside consultants as it sees fit
to enforce this Article. Notwithstanding such appointment, the Building Inspector, Code
Enforcement Officer and Town Attorney shall have authority to enforce this Article.
B~. Any person owning, controlling or managing any building, structure or land who
shall undertake a wind energy conversion facility or wind monitoring tower in violation
of this Article or in noncompliance with the terms and conditions of any permit issued
pursuant to this Article, or any order of the enforcement officer, and any agent who shall
assist in so doing, shall be guilty of an offense and subject to a fine of not more than
$1000.00 or to imprisonment for a period of not more than 30 thirty days, or subject to
both such fine and imprisonment. Every such person shall be deemed guilty of a separate
offense for each week such violation shall continue. The Town may institute a civil
proceeding to collect civil penalties in the amount of $1000.00 for each violation and
each week said violation continues shall be deemed a separate violation.
C_~. In case of any violation or threatened violation of any of the provisions of this
Article, including the terms and conditions imposed by any permit issued pursuant to this
Article, in addition to other remedies and penalties herein provided, the Town may
institute any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate
such violation, to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of this Local Law as
a whole or any ~thereof other than the part so decidednl~be unconstitutional or
invalid.
V. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in
accordance with the Municipal Home Rule Law.
Dated: March 27, 2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON APRIL 19, 2007 AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL,
PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times
Building Dept
Town Board Members
Zoning Board
Town Attorney
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the If'}'~ day of ~1~,~ ,2007, she affixed a
notice of which the annexed printed notice is a tree copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Wind Energy P.H. April 24, 2007 at 4:45
(-)Elizal~eth A. Nex~ille
Southold Town Clerk
Sworn before me thi,s
tO__~day of~, 2007.
"* ~qo~ary ~blic
LYNDA M. BOHN
NOTARY PUBLIC, State of Nallf~
No. 01BO6020932'~'~? -
Qualified in Suffolk ,C 3una~
Term Expires Match 8, :
Town of Southold - Letter
Board~eetlng~o'f~arch 27, 2007
RESOLUTION 2007-333
ADOPTED
Item # 37
DOC ID: 2759
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-333 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 27, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward a copy of the proposed Local Law entitled "A Local Law in relation
to Wind Energy Systems for Agricultural Uses" to the Suffolk Coun .ty Planning
Department and the Southold Town Planning Board for their review and
recommendations/comments.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SEC:ONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, I<rupski Jr.
Generated March 30, 2007 Page 60
Town of Southold - Letter
Board Meeting of March 27, 2007
RESOLUTION 2007-332
ADOPTED
Item # 36
DOC ID: 2758
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-332 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 27, 2007:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in
relation to Wind Energy Systems for Agricultural Uses" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
24th day of April, 2007 at 4:45 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Wind Energy Systems for
Agricultural Uses" reads as follows:
LOCAL LAW NO. 2007
A Local Law entitled, "A Local Law in relation to Wind Energy Systems for Agricultural
Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the health, safety and welfare of the citizens of
the Town of Southold, the Town Board of the Town of Southold finds it appropriate to
encourage the development of small wind energy systems attendant to bona fide agricultural
uses, and to provide standards for such systems. The ovenSding goal of this local law is to
promote the reduction of on-site consumption of utility power for such uses, while protecting
from any adverse effects of such systems.
II.
Chapter 280 of the Code of the Town of Southold is hereby amended, as follows:
Generated March 30, 2007 Page 54
Town of Southold - Lette~ Bo~[4eeting of March 27, 2007
§ 280- 4. Definitions.
B.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind
turbine, a tower, and associated control or conversion electronics, which has a rated capacity
intended primarily to reduce on-site consumption of utility power.
ARTICLE III
Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400
Districts
§ 280-13. Use Regulations.
A. Permitted Uses.
(5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are
dedicated primarily to uses necessary for bona fide agricultural production, and subject to the
standards provided in Chapter 277 of this Town Code.
IlL
follows:
A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as
§ 277-1. Definitions.
SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind
turbine, a tower, and associated control or conversion electronics, which has a rated capacity
intended primarily to reduce on-site consumption of utility power.
TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small
wind energy system, exclusive of the wind turbine.
§ 277-2. Application.
Applications for small wind energy systems shall be submitted to the Town of Southold Building
Department and shall include:
a. Name, address, telephone number of the applicant. If the applicant will be
represented by an agent, the name, address and telephone number of the agent as well as
an original signature of the applicant authorizing the agent to represent the applicant.
Generated March 30, 2007 Page 55
Town of Southold - Letter Board Meeting of March 27, 2007
b. Name, address, telephone number of the property owner. If the property owner is
not the applicant, the application shall include a letter or other written permission signed
by the property owner (i) confirming that the property owner is familiar with the
proposed applications and (ii) authorizing the submission of the application.
c. Address of each proposed tower site, including tax map section, block and lot
number.
d. Evidence that the proposed tower height does not exceed the height recommended
by the manufacturer or distributor of the system.
e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance from
structures, property lines, public roads and projected noise levels decibels (DBA) from
the small wind energy system to nearest occupied dwellings.
f. A line drawing of the electrical components of the system in sufficient detail to
allow for a determination that the manner of installation conforms to the Electric Code.
g. Written evidence that the electric utility service provider that serves the proposed
site has been informed of the applicant's intent to install an interconnected customer-
owned electricity generator, unless the applicant does not plan, and so states in the
application, to connect the system to the electricity grid.
§277-3. Development standards.
a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet.
To prevent harmful wind turbulence to the small wind energy system, the minimum
height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet
above the highest structure or tree within a 250 foot radius. Modification of this standard
may be made when the applicant demonstrates that a lower height will not jeopardize the
safety of the wind turbine structure.
b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the following
standards shall apply to Small Wind Energy Systems:
i. A small wind energy system shall be set back from a property line a
distance no less than the total height of small wind energy system plus ten (10)
feet.
ii. No part of the wind system structure, including guy wire anchors, may
extend closer than ten (10) feet to the property boundaries of the installation site.
iii. A small wind energy system shall be set-back from the nearest public road
Generated March 30, 2007 Page 56
Town of Southold - Letter~ Boa~Meeting of March 27, 2007
a distance no less than the total height of the small wind energy system, plus ten
(10) feet, and in no instance less than one hundred (100) feet.
c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured at the
closest neighboring inhabited dwelling at the time of installation. The level, however,
may be exceeded during short-term events such as utility outages and/or severe wind
storms.
d. Approved Wind Turbines. Small wind turbines must have been approved under
the small wind certification program recognized by the American Wind Energy
Association and/or NYSERTA.
e. Compliance with Uniform Building Code. Building permit applications for small
wind energy systems shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base, and footings. An engineering analysis of the tower
showing compliance with the Uniform Building Code and certified by a licensed
professional engineer shall also be submitted. This requirement may be satisfied by
documentation presented by the manufacturer.
f. Compliance with National Electric Code. Building permit applications for small
wind energy systems shall be accompanied by a 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 requirement may be satisfied
by documentation supplied by the manufacturer.
g. Compliance with FAA Regulations. Small wind energy systems must comply
with applicable FAA regulations, including any necessary approvals for installations
close to airports. The allowed height shall be reduced to comply with all applicable
Federal Aviation Requirements, including Subpart B (commencing with Section 77.11
of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to
airports.
h. Utility Notification. No small wind energy system shall be installed until
evidence has been given that the utility company has been informed of the customer's
intent to install an interconnected customer-owned generator. Off-grid systems shall be
exempt from this requirement.
§277-4. Construction standards.
a. Exterior lighting on any structure associated with the system shall not be allowed
except that which is specifically required by the Federal Aviation Administration.
b. The system's tower and blades shall be 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 any visual disruption.
Generated March 30, 2007 Page 57
Town of Southold - Letter Board Meeting of March 27, 2007
c. 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.
d. 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 promptly mitigate the harmful interference or cease operation of the
system.
e. 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.
f. 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, except that a
system or tower's manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
g. Towers shall be constructed to provide one of the following means of access
control, or other appropriate method of access:
ii.
iii.
Tower-climbing apparatus located no closer than 12 feet from the ground.
A locked anti-climb device installed on the tower.
A locked, protective fence at least six feet in height that encloses the
tower.
h. Anchor points for any guy wires for a system tower shall be located within the
property that the system is located on and not on or across any above-ground electric
transmission or distribution lines. The point of attachment for the guy wires shall be
sheathed in bright orange or yellow covering from three to eight feet above the ground.
i. All small wind energy systems shall be equipped with manual and automatic
over-speed controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by the manufacturer.
§277-5. Fees.
a. The Building Department fee for small wind energy system applications shall be
$250.00.
§277-6. Abandonment of Use.
All small wind energy systems which are not used for twelve (12) successive months
shall be deemed abandoned and shall be dismantled and removed from the property at the
expense of the property owner. Failure to abide by and faithfully comply with this section or
Generated March 30, 2007 Page 58
Town of Southold - Lette~ Bo~Meeting of March 27, 2007
with any and ail conditions that may be attached to the granting of any building permit shall
constitute grounds for the revocation of the permit by the Building Department.
§277-7. Enforcement; Penalties and Remedies for Violations.
A_~. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to
enforce this Article. Notwithstanding such appointment, the Building Inspector, Code
Enforcement Officer and Town Attorney shall have authority to enforce this Article.
B_.~. Any person owning, controlling or managing any building, structure or land who shail
undertake a wind energy conversion facility or wind monitoring tower in violation of this Article
or in noncompliance with the terms and conditions of any permit issued pursuant to this Article,
or any order of the enforcement officer, and any agent who shall assist in so doing, shail be
guilty of an offense and subject to a fine of not more than $1000.00 or to imprisonment for a
period of not more than 30 thirty days, or subject to both such fine and imprisonment. Every
such person shail be deemed guilty of a separate offense for each week such violation shail
continue. The Town may institute a civil proceeding to collect civil penaities in the amount of
$1000.00 for each violation and each week said violation continues shail be deemed a separate
violation.
C_.: In case of any violation or threatened violation of any of the provisions of this Article,
including the terms and conditions imposed by any permit issued pursuant to this Article, in
addition to other remedies and penaities herein provided, the Town may institute any appropriate
action or proceeding to prevent such unlawful erection, structural alteration, reconstruction,
moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.
IV. SEVERABILITY.
Should any provision of this Local Law be declared by the courts to be unconstitutional
or invaiid, such decision shall not affect the validity of this Local Law as a whole or any part
thereof other than the part so decided to be unconstitutional or invaiid.
V. EFFECTIVE DATE.
This Local Law shall be effective upon its filing with the Secretary of State in accordance
with the Municipal Home Rule Law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated March 30, 2007 Page 59