“Wind Power Facilities Law for the Town of Madison” (the Wind Law)

1. “Wind Power Facilities Lawfor 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 Town’s 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 IGeneral 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 IGeneral Provisions • States the law’s 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 IGeneral Provisions(cont’d) • 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 transferor’s 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 IGeneral Provisions(cont’d) • Creates an important distinction that reflects an attempt to create a balance or an element of choice • NONPARTICIPATING PROPERY OWNERis 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 permit’s 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. ISWEFapplication and notice requirements and development and operation standards are more detailed than those governing WMTs and Small WECS.

10. Article IV (ISWEF) (cont’d) Examples of application requirements: • A fully-executed PILOT Agreement or evidence of the Town’s 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) (cont’d) 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) (cont’d) 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) (cont’d) 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 don’t 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@gmail.com • And CC your email to: Town Supervisor Ron Bonosupervisorrbono@frontiernet.net Planning Board Members John Manciano jmancino@aol.com Ted Modrezjewski lmodrzejewski@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/2012/03/madisonboardmembers3.pdf (or copy and paste into your browser)