§ 85-802. General requirements.

All permit applications shall be submitted to the Building Division on forms it provides and shall comply with all the requirements therein, including but not limited to the following:

A. 

Application for permit. All permit applications shall be submitted to the Building Division on forms it provides and shall comply with all the requirements therein and shall include the following items, which may be satisfied by documentation supplied by the manufacturer:

(1) 

Demonstrate compliance with applicable site plan requirements.

(2) 

A plot plan on an approved property survey no greater than a scale of one inch equals 40 feet depicting the limits of the setback zone distance from structures, property lines, public roads and projected noise level decibels (DBA) from the small wind energy system to adjacent property lines.

(3) 

Certification by the installer that the WECS complies with all applicable FAA regulations and all applicable state and/or local building codes.

(4) 

A one-line diagram of the electrical components on the plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code, Electric Code of the Town of Brookhaven and the New York State Uniform Fire Prevention and Building Code.

(5) 

Standard drawings of the wind turbine structures, including the tower, base, and footings.

(6) 

An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer.

(7) 

Soil studies. Soil studies shall be required for WECS having turbine installations greater than 20 kw or those to be located on nonstandard soil conditions such as gravel, sand, muck, dune, beach, or dredge spoil. No soil studies shall be required for all other WECS, provided the manufacturer thereof submits a certification stating that the WECS and its foundation are suitable for installation in the soil at the proposed location.

(8) 

Certification by the manufacturer indicating that noise measurements are accurate and comply with Chapter 50, Noise Control, as measured from the property line nearest the WECS. The sound emanating from the WECS shall not exceed such levels, except during utility outages, severe wind storms or other short-term events beyond the control of the owner of the WECS. In the alternative, a certificate may be submitted from a professional acoustical engineer indicating same.

(9) 

Utility notification. No WECS to be connected to the local utilities' grid system or otherwise using externally provided electrical power shall be installed until written notice thereof is given to such provider. Off-grid systems shall be exempt from this requirement.

B. 

Overspeed controls. All WECS shall be equipped with manual and automatic overspeed controls, whose design and fabrication, together with the design and fabrication of its rotors, shall conform to good engineering practices as certified by its manufacturer.

C. 

Conduits. All new conduits as required for the WECS that can be located underground shall be installed underground.

D. 

Signs or other appurtenances. Except for equipment needed to operate, maintain, monitor and secure the system, no signs, television, radio, cell phone or other antennas, advertising materials or any other appurtenances shall be placed, painted on or affixed to the WECS. 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's or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. At least one sign shall be posted on the tower at a height of five feet warning of potential electrical shock or high voltage and potential harm from revolving machinery.

E. 

Guy wires. If guy wires are used, the point of ground attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above ground. Anchor points for any guy wires shall be located at least 20 feet inside any property line that the system is located on and not on or across any aboveground electric transmission or distribution lines.

F. 

Clearances; tower height. The minimum distance between the ground and any part of the rotor blade or any other moving part of a ground-mounted, horizontal-axis WECS shall be 30 feet. No climbing pegs or similar means of access to such moving parts shall be less than 15 feet from the ground. A locked anticlimb device shall be installed on the tower, or other means of access control.

G. 

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.

H. 

Design standards.

(1) 

Color. To the maximum extent feasible, consistent with all applicable FAA safety regulations and in compliance with all the other requirements in this article, the WECS shall be designed and located so as to blend with the existing surroundings of its site, using compatible colors, materials and topography, vegetation and other natural screening features at the site. Specifically, the WECS's tower blades and any other parts visible apart from its site, if painted, shall be painted in a nonreflective unobtrusive color, which reduces the visual impacts when such parts extend above the height of vegetation and which blends the system and its components into the surrounding landscape to the greatest extent possible.

(2) 

Modifications. Excluding services and preventative maintenance, no alterations, additions, modifications, substitutions or deletions shall be made to such WECS without a permit from the Building Division.

(3) 

Lighting. No exterior lighting shall be permitted on or about the WECS except as specifically required by the FAA.

I. 

Setbacks. All WECS shall be set back from any adjoining property line or public road a distance at least equal to 100% of the WECS' total height, and in no event shall it be located in the front or side yards.