1
Wind Power Facilities Law for the Town of
Madison (the Wind Law)

• If passed, the Wind Law will replace the existing
  law - Windpower Facility Special Use Permit
  Regulations for the Town of Madison.

2
Purpose and Intent

• (i) to promote the efficient use of the Towns
  wind resources,
• (ii) to regulate the development, placement and
  operation of wind power facilities in order to
  protect and preserve the health, safety and
  well-being of persons, property and environmental
  resources in the Town of Madison and
• (iii) to ensure that the Town and the public have
  early notice of the possible siting of any wind
  power facility in the Town.

3
The proposed Wind Law is divided into five parts

• Article I General Provisions
• Article II Wind Measurement Towers
• Article III Small Wind Energy Conversion
  Systems
• Article IV Industrial Scale Wind Energy
  Facilities (ISWEF)
• Article V Miscellaneous

4
Article I General Provisions

• States the laws purpose and intent
• States the unanimous findings of the Wind
  Advisory Committee
• Creates specific capitalized defined terms to be
  used consistently throughout the body of the law
  
• Declares that no Wind Energy Facility can be
  constructed, modified or replaced unless a permit
  has been issued by the Planning Board pursuant to
  and in accordance with the proposed Wind Law with
  one exception
• Small Wind Energy Conversion System used solely
  for Agricultural or farm Operations in an
  agricultural district

5
Article I General Provisions (contd)

• Prohibits the sale or transfer of any permit or
  any Industrial Scale Wind Energy Facility without
  prior approval of the Planning Board (financial
  worthiness and assumption of all of the
  transferors obligations under the Wind Law
  required)
• Requires a road use agreement establishing
  proposed routes and the posting of a bond to
  ensure proper repair, even if developer applies
  via Article X

6
Article I General Provisions (contd)

• Creates an important distinction that reflects an
  attempt to create a balance or an element of
  choice
• NONPARTICIPATING PROPERY OWNER is a Property
  Owner who has no contractual agreement with the
  Applicant.
• Non-Participating Property Owners deserve the
  greatest possible protections against
  interference with their lives, their homes, their
  property, their safety and their well-being.
• PARTICIPATING PROPERTY OWNER is a Property Owner,
  all or any portion of whose land or any interest
  therein is leased, optioned or otherwise
  encumbered by a contractual agreement with the
  Applicant or any affiliate of Applicant.
• Participating Owners have made a choice to live
  with and accept the consequences of their
  decisions. Their wishes and right to use and
  dispose of their property as they see fit should
  be preserved to the greatest extent possible.

7
Article II Wind Measurement Towers

• Requires the issuance of a permit to construct
  and operate
• Applicant must also notify all Property Owners
  whose Property Lines are within 7,500 feet of any
  proposed WMT
• Sets forth the requirements and the application
  process and establishes standards for development
  and operation of any WMT
• No WMT may exceed 150 in height.
• The distance between a WMT and the nearest
  Property Line of any Non-Participating Owner may
  not be less than 3,560 feet
• A WMT Permit is good for 12 months and may be
  renewed once for an additional 12 month period.
  Construction must begin within 6 months of the
  permits issuance.

8
Article III Small Wind Energy Conversion Systems

• A SMALL WIND ENERGY CONVERSION SYSTEM ("Small
  WECS") is a wind energy facility consisting of a
  wind turbine, a tower, and associated control or
  conversion electronics, which has a rated
  capacity of not more than 100kW and which is
  intended to primarily reduce on-site consumption
  of utility power and is owned and operated by a
  Property Owner.
• Article III lays out the application requirements
  
• cannot exceed 150 feet in height
• distance between a Small WECS and the nearest
  Property Line of any Non-Participating Property
  Owner may not be less than 10 times the Turbine
  Height (which includes the vertical extension of
  the blade).

9
Article IV Industrial Scale Wind Energy
Facilities (ISWEF)

• INDUSTRIAL SCALE WIND ENERGY FACILITIES (ISWEF)
  are any one or more Wind Energy Conversion
  Systems, each with a Turbine Height in excess of
  150 feet and each producing in excess of 100 kW,
  designed primarily to deliver electrical power to
  the grid, together with all access roads,
  electrical systems, underground collection lines,
  substations and other components incidental to
  operation.
• ISWEF application and notice requirements and
  development and operation standards are more
  detailed than those governing WMTs and Small
  WECS.

10
Article IV (ISWEF) (contd)

• Examples of application requirements
• A fully-executed PILOT Agreement or evidence of
  the Towns exercise of its right to opt out of
  the tax exemption provisions of the State Tax Law
  
• Evidence that the applicant controls the property
  necessary to build the proposed ISWEF
• A complete site-specific Environmental Impact
  Statement must be accepted by the Planning Board
  before a public hearing pursuant to SEQRA will be
  scheduled

11
Article IV (ISWEF) (contd)

• The most important development standards are
• SETBACKS and SOUND!
• SETBACKS
• Minimum setback of 3,560 feet from the Property
  Line of any Non-Participating Property Owner
• 2.5 times the Turbine Height between each ISWEF
  and 2.5 times the Turbine Height from any
  Residence or Structure
• 2,600 feet or eight (8) Rotor Diameters,
  whichever is greater, from state-identified
  wetlands and public highways

12
Article IV (ISWEF) (contd)

• The most important development standards are
• SETBACKS and SOUND!
• SOUND
• No ISWEF shall be located so as to exceed
  preconstruction, preoperational Background Sound
  by more than 5 dBA
• Background Sound shall be the L90 sound
  descriptor measured during a preconstruction
  Noise study during the quietest time of night
  (Midnight until 4AM)
• Section 4.09 also establishes strict sound
  measurement standards and procedures for
  pre-construction and operational testing as well
  as as enforcement measures
• Sound Levels are covered in Section 4.09

13
Article IV (ISWEF) (contd)

• Some other development standards
• The maximum Turbine Height of an ISWEF is 390
  feet
• Applicant must pay to have the water supply of
  any Property Owner whose Property Line is within
  7,500 feet of any ISWEF tested
• Construction and delivery routes must be approved
  and an adequate bond must be posted to ensure
  compliance, repair and remediation

14
Article V Miscellaneous

• Article V establishes general requirements for
  the developer and operator such as
• Commercial general liability insurance coverage
• Decommissioning plan and requirements
• Performance bond for decommissioning, remediation
  and restoration
• Structural and operational integrity inspections
• Decommissioning of any turbine (WEF) that remains
  non-functional or out compliance for more than 12
  consecutive months
• Remediation for violations of standards (shutdown
  and fines)

15
In an ideal world this is what SHOULD happen
next

• Planning Board recommends to Town Board
• Town Board review
• Review by Town Attorney
• Submit to County Planning Department
• TB set Public Hearing date
• TB workshop to review Public Hearing comments
• TB vote to approve
• BUT, we really dont know WHAT will happen

16
This law could be DRASTICALLY altered by either
the Planning Board or the Town Board prior to the
Public Hearing!

• Our Goal ?
• To get the law to the Public Hearing and passed
  in its original form.
• How ?
• Letter writing campaign
• Increased attendance at Town meetings
• Promote the law in its original form see next
  slide
• Public pressure
• Other ideas ? Read on

17
Email comments ASAP in support of the law as
proposed by the Wind Advisory Committee to

• Roger Williams, Planning Board Chairperson
• jrewilliams_at_gmail.com
• And CC your email to
• Town Supervisor Ron Bono supervisorrbono_at_frontiern
  et.net
• Planning Board Members
• John Manciano jmancino_at_aol.com
• Ted Modrezjewski lmodrzejewski_at_twcny.rr.com
• Click on the link below to find additional
  contact information for the
• other Town Council and Planning Board members
• http//madisonmattersdotorg.files.wordpress.com/20
  12/03/madisonboardmembers3.pdf
• (or copy and paste into your browser)