NEW YORK STATE DEPARTMENT OF STATE

Local Law Filing 41 STATE STREET, ALBANY, NY 12231

(Use this form to file a local law with the Secretary of State)

Town of Redfield
Local Law No. 2 of the year 2018
Be it enacted by the Town Board of the Town of Redfield as follows:

WIND ENERGY FACILITIES

Article I
General

§ 1. Title

This Local Law shall be cited as the "Wind Energy Facility Law of the Town of Redfield, New York.”

§ 2. Purpose

The Town Board of the Town of Redfield adopts this Local Law to regulate the placement of
commercial and industrial Wind Energy Conversion Systems (WECS) to protect the public safety,
health, and welfare; to provide a regulatory structure that promotes the protection of the Town’s
residents and visitors; to minimize adverse impacts on the Town’s character, environment, economy,
and property values; to minimize negative impacts on the unique scenic resources including, but not
limited to, local waterways, including but not limited to the Mad River, the Salmon River, and the
Salmon River Reservoir, to preserve the natural soundscape, to minimize the adverse impacts on
property values of nearby citizens; to minimize the adverse impacts on the Town’s farming
communities; and to minimize the adverse impacts on the Town’s environment and ecosystems; and to
provide substantive requirements related to the siting and construction of WECS.

§ 3. Authority

The Town Board of the Town of Redfield enacts this Local Law under the authority granted by:

1. Article IX of the New York State Constitution.

2. New York Statute of Local Governments, § 10(1), (6), and (7).
3. New York Municipal Home Rule Law, §10(1)(i) and (ii) and §10(1)(a)(6), (11), (12), and
(14).
4. The supersession authority of New York Municipal Home Rule Law, §10(2)(d)(3),
specifically as it relates to determining which body shall have power to grant variances
under this Local Law, and what variances may be granted to the extent such grant of
power is different than under Town Law §267 and §274-b, and as it relates to the power of
the Town Board to regulate land use within the Town to the extent the provisions of this
Local Law differ from the authority granted to the Town by Article 16 of the Town Law.
5. New York Town Law, Article 16 (Zoning).

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 6. New York Town Law §130(1)(Building Code), (3)(Electrical code), (5) (Fire Prevention),
(7) (Use of streets and highways), (7-a) (Location of Driveways), (11) (Peace, good order
and safety), (15) (Promotion of public welfare), (15-a) (Excavated lands), (16) (Unsafe
buildings), (19) (Trespass), and (25) (Building lines).
7. New York Town Law §64(17-a) (preservation of historic places/protection of aesthetic
interests), (23) (General powers).
8. New York Agriculture and Markets Law (as applicable).
9. New York Real Property Tax Law §487.
10. Police powers of the Town of Redfield.
11. Laws of the State of New York.

§ 4. Findings

The Town Board of the Town of Redfield makes the following findings and determinations:

1. The Town of Redfield has an obligation to protect the health, safety, and well-being of all
Town residents.
2. Shortsighted planning has often resulted in the creation of problem industries that
adversely affect public health and quality of life, compromise aesthetics, and degrade
community character. Commercial Wind Energy Facilities are not exempt from these
problems and careful siting and protections are of paramount importance. This Local Law
will contribute to this effort. The existence of Article 10 of the Public Service Law does
not negate this responsibility, and in fact recognizes it. This Law is not unduly
burdensome to the mandates or the process set forth in Article 10, but is rather compatible
with them.
3. The findings set forth in this section are cumulative and interactive, and they shall be
liberally interpreted in conjunction with one another.
4. Commercial/Industrial Wind Energy Facilities have increased significantly in number, and
can potentially be sited without sufficient regard to their impact on the health, welfare, and
safety of residents, especially in small rural communities.
5. While wind energy is a semi-renewable energy resource of electricity generation, and
under some circumstances it may reduce the use of nonrenewable energy sources, the
possible benefits must be balanced against potential negative impacts to local citizens,
local economy, local ecosystems, and regional military facilities.
6. Commercial/Industrial Wind Energy Facilities are industrial/utility scale equipment, by
their very nature not aesthetically pleasing, due to their height and their disruption of
views and skylines, especially in rural communities without many high un-natural
structures.
7. The Town of Redfield is a rural community devoid of high un-natural structures.
8. The Town of Redfield is also made up largely of core forest, to include the Salmon River
State Forest.
9. The Town of Redfield provides residences for many of the soldiers in the 10th Mountain
Division of Fort Drum.
10. Fort Drum aircraft perform substantial and frequent aviation maneuvers in the area. Wind
Energy Facilities nearby airfield may have negative operational impacts on the operational
effectiveness and efficiency of aviation maneuvers. This might negatively impact

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 National Defense and/or increase the possibility of Fort Drum closure during any future
Department of Defense Base Realignment and Closure proceedings. The Town intends to
continue to support and protect Fort Drum.
11. The Town of Redfield actively supports Fort Drum as the Preferred Site for an East Coast
Missile Defense Agency Ground Based Interception site and intends to avoid any
interference with Fort Drum and/or that potential expansion.
12. The Fort Drum Regional Liaison Organization, which advocates for the protection and
enhancement of Fort Drum, opposes nearby wind energy projects, finding such projects
will have a negative impact on Fort Drum and threaten its future.
13. The Town of Redfield is surrounded by Towns that share Redfield’s agricultural and rural
residential character and similarly consist of low, flat areas.
14. The Town of Redfield is located on a major migration route for many species of birds, and
is habitat for many species of wildlife, both year round and seasonal.
15. Commercial/Industrial Wind Energy Facilities are known to pose a danger to birds and
have been demonstrated to kill numerous members of both species annually.
16. Commercial/Industrial Wind Energy Facilities can cause danger to humans and animals,
including livestock, resulting from ice throw, collapse, contamination, and annoyance.
17. Regulation of the siting and installation of wind turbines is necessary for protecting the
health, safety, and well-being of neighboring property owners, the general public, the local
economy, and local ecosystems.
18. Review of professional and legal literature demonstrates there can be serious legal and
economic downsides for landowners entering into complicated and one-sided
lease/easement contracts written by industrial wind energy developers not available for
public review and debate.
19. Utility scale turbine industrial wind energy facilities represent significant potential
negative aesthetic and environmental impacts because of their enormous size, lighting, and
shadow flicker effects.
20. Installation of Utility-scale multiple-turbine industrial wind energy facilities can create
drainage problems through erosion and lack of sediment control of facility and access road
sites, and harm farmlands through construction methods utilized.
21. Construction of industrial wind energy facilities can create traffic problems and damage
local roads.
22. Commercial/Industrial Wind Energy Facilities, when improperly sited, can adversely
affect property values, especially in communities were scenic views are important
elements of property value and can cause economic hardship to property owners.
Reductions in property values could reduce the Town’s tax base, resulting in a tax rate
increase on all Town property owners.
23. A utility-scale industrial wind energy facility will be a significant source of noise and
vibration for the community and wildlife. These can have negative health impact on
residents in neighboring properties, particularly in areas with low Residual Background
Noise levels. These can also negatively affect the quiet enjoyment of the area, properties,
and quality of life of residents. According to various medical experts and the World
Health Organization, the infrasound component of such noise can be the most
problematic. Impacts on wildlife related to preditor-prey behaviors, mating opportunity,
and other behavior can adversely impact wildlife populations and diversity.
24. In certain circumstances, industrial wind energy facilities can cause electromagnetic
interference with various types of communications, cell phones, radios, televisions, etc.
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25. Independent experts (e.g. chiropterologists) have concluded that bats killed by industrial
wind energy turbines can result in an appreciable reduction in regional agricultural yields.
Estimates have been done for every county in the United States, and these experts have
projected that this could adversely affect our local community’s economy, by over a
million dollars a year.
26. Independent experts (e.g. ornithologists) have concluded that turbines kill large quantities
of birds. Especially troublesome are the raptors that are destroyed.
27. Independent experts have concluded that industrial turbines can have a variety of adverse
health effects on other wildlife, livestock, and domestic animals.
28. The Town of Redfield is located in a major migration area for deer.
29. The Town of Redfield has many scenic view sheds, and some of these would be
negatively impacted by industrial wind energy facilities.
30. Significant public and private dollars have been invested in infrastructure within the Town
to enhance and promote the region’s principal industry, tourism. Several studies by
independent experts have concluded that nearby industrial wind energy facilities can have
a major negative economic impact on tourism-sensitive communities.
31. The Town and its citizens desire to maintain the pastoral, rural nature of this region. An
industrial wind energy facility is in conflict with the culture and character of this
community.
32. Due to the unusually broad array of potentially problematic findings and lack of
scientifically proven net benefits, the Precautionary Principle dictates that the Town be
particularly conservative and cautionary in its regulation of industrial wind energy.
33. In formulation of this Local Law, many studies have been reviewed and taken into
consideration. Many wind energy ordinances through the US have been analyzed.
Experiences of other communities with industrial wind energy have been studied.
34. Large portions of land within the Town are designated as state-regulated and hazard areas,
as depicted on the New York State Department of Environmental Conservation
Environmental Resource Mapper available at http://www.dec.ny.gov/gis/erm.
35. The Town’s geology includes erodible soils and high water tables.
36. The Town’s geology, especially its Karst topography, appears dangerously incompatible
with massive industrial development, specifically in regards to industrial wind
construction requirements and conditions. Risks include:
a. Aquifer and well water contamination via soil overburden infilling on shallow
bedrock in a karst topography-rich environment;
b. Sinkhole collapse at turbine bases via increased bedrock erosion and dissolution; and
c. Moderate regional seismic risk, according to the United States Geological Survey.
37. If not properly regulated, installation of Commercial/Industrial Wind Energy Facilities in
areas with Karst geology have the potential to create numerous additional drainage paths,
which allow contaminated ground water to directly enter into the aquifer below. For
instance, construction of miles of wide gravel access roads increases the number of
drainage paths for the contaminated water to contaminate drinking water for Redfield and
other supported communities.
38. Construction of Wind Energy Facilities can create traffic problems and can cause damage
to local roads and infrastructure.

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39. Wind Energy Facilities have the potential to adversely interfere with orderly development
of the Town of Redfield, including single-family residences and small subdivisions by
making such development unappealing.
40. Wind Energy Facilities need to be regulated for removal when no longer utilized.

§ 5. Definitions

As used in this Local Law, the following terms have the meanings indicated:

Annoyance: Noise annoyance has been defined by the Environmental Protection Agency (EPA)
as any negative subjective reaction on the part of an individual or group. The scientific
community adopted the use of long-term annoyance as a primary indicator of community
response because it attempts to account for all negative aspects of effects from noise, e.g.,
increased annoyance due to being awakened the previous night by noise and interference with
everyday conversation.

ANSI: refers to or means the American National Standards Institute.

Applicant: the person or entity filing an application and seeking license under this Local Law.

Article 10: A New York State law (Chapter 388 of the Laws of 2011) that authorizes an Article
10 Board to verify that the provisions of any local wind law are not “unreasonably burdensome
in view of the existing technology, or the needs of or costs to ratepayers.” [This was originally
called Article X.]
Background Sound: The noise level represented without WECS operating and when man-made
noise and natural intrusive sounds are at a minimum. The intent of this definition is to exclude
noise level contributions from intermittent noises such as weather, traffic, people and community
activities, and emergency vehicles, and from seasonal natural sounds such as tree frogs and
crickets that are not present year-round. Background sounds are those heard during lulls in the
Residual Background Noise environment and represent the quietest 10% of the time, for example
the quietest one minute. The L90 determined during the quietest period when the wind turbines
may be operating with wind speeds below 2m/s shall establish the Background Sound Level for
the purpose of this regulation. Background sound shall be measured following procedures of
ANSI/ASA S12-100 (2014) Methods to Define and Measure the Residual Sound in Protected
Natural and Quiet Residential Areas, and ANSI/ASA S12.9 Part 3 (2013) Quantities and
Procedures for Description and Measurement of Environmental Sound‐Short Term
Measurements With an Observer Present.
Blade Glint: The intermittent reflection of the sun off the surface of the blades of one or more
wind turbines.
Community Noise Response (“CNR”): United States Environmental Protection Agency
methodology to predict the community noise reaction to a new sound source introduced into the
environment.
Completed Application: An application that contains all information and/or data required and
requested, to enable an informed decision to be made with respect to that application.
Conservation Area: Such areas include natural areas protected by law, such as wetlands that
meet the definition in the Clean Water Act 33 USC Sec. 1251 et seq.; shoreland areas; water
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bodies; riparian buffers; populations of endangered or threatened species, or habitat for such
species; archaeological sites, cemeteries, and burial grounds; important historic sites; other
significant natural features and scenic viewsheds; and existing trails or corridors that connect the
tract to neighboring areas.
Daytime: Hours from 7:00 AM until 7:00 PM.
Debris Hazard: Hazard owing to the possibility that the parts of a WECS, or material (ice or
other debris) accumulated on its rotating elements could be dislodged and fall or be thrown some
distance onto surrounding property.
dBA: A-weighted decibels, abbreviated dBA [or dBa, or dB(a)], is an expression of the relative
loudness of sounds in air as perceived by the human ear. With A-weighting, the decibel levels of
low frequencies are reduced compared to the middle and high frequencies (A-weighted energy
equivalent sound level). Unless specified otherwise, in this law dBA means LAeq (energy
equivalent sound level).
dBC: C-Weighted Sound Pressure Level. Similar in concept to the A-Weighted Sound Level
(dBA), but C-weighting does not de-emphasize the frequencies below 1k Hz as A-weighting
does. It is used for measurements that must include the contribution of low frequencies in a
single number representing the entire frequency spectrum. Sound level meters have a C-
weighting network for measuring C-weighted sound levels (dBC) meeting the characteristics and
weighting specified in ANSI SI.42-1997 Specifications for Integrating Averaging Sound Level
Meters for Type 1 instruments. In this law dBC means L unless specified otherwise. Unless
specified otherwise, in this law dBC means LCeq (C-weighted energy equivalent sound level).
Decibel: A dimensionless unit describing the amplitude of sound and denoting the ratio between
two quantities that are proportional to power, energy, or intensity. One of these quantities is
equal to 20 times the logarithm to the base 10 of the ratio of the measured pressure to the
reference pressure, which is 20 micropascals.
EAF: Environmental Assessment Form used in the implementation of the SEQRA as that term
is defined in Part 617 of Title 6 of the New York Codes, Rules, and Regulations.
Excessive Noise: Any noise that causes a nuisance or disturbance or degrades health or well-
being. Also called Noise Pollution.
FAA: The Federal Aviation Administration or successor agency.
Frequency: The number of occurrences of a repeating event per unit time; in cycles per second,
expressed in Hz (Hertz).
Health: State of complete physical, mental, and social well-being and not merely the absence of
disease or infirmity.
Impacts: Any effect on the environment, including sound and visual impacts such as changes in
sound pressure, noise, and light in the environment.
Impulsive Sound: Single or multiple noise events lasting one second or less; measured with the
un-weighted peak sound pressure level and “Impulse” (35 msec) or “fast” (125 msec) meter
response.
Infrasound: Sounds below 20 Hz that are not ordinarily audible by humans of normal hearing
sensitivity. All sounds are energy waves, so humans can be affected by infrasound, despite not

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being audible. Other means of perception also exist such as tactile, pressure sensations,
vestibular, tinnitus, and body organ resonance. Adverse effects may also occur that are not
related to perception by any sense. Studies of people and animals exposed to infra sound over
periods of months to years have demonstrated structural changes in the body (Vibro-Acoustic
Disease, Branco et al)
Low Frequency Sound: Sounds with frequencies from 20 to 200 Hz, and generally
considered audible or otherwise perceptible as sensations of vibration. At the low end of
this range vibration may be felt by people or observed in structures. The World Health
Organization has concluded that health effects due to low frequency components in noise are
estimated to be more severe for communities than noise in general.
Commercial/Industrial Wind Energy Facility (“WEF”): A WEF that has a rated capacity of
100 kW or more.
Leq: The equivalent continuous sound level that has the same acoustic energy for a constant
sound level as for a fluctuating or intermittent level in the same period of time. For the purposes
of this regulation the period of time for a measurement shall be 5 minutes.
Maintenance: The cleaning, painting, repair, or replacement of defective parts (including
plumbing, electrical, or mechanical work that might require a building permit) in a manner that
does not alter the basic design or composition of a structure, such as a wind turbine.
Meteorological Measuring Device: An instrument, such as an anemometer, that measures wind
speed. This is often on a tower, typically located at hub-height of the anticipated turbines.
Modification or Modify: Any change, addition, removal, swap-out, exchange, and the like that
does not qualify as "Repairs and/or Maintenance" as defined herein is a Modification. Also
included is any change, addition, swap-out, exchange, and the like that requires or results in
changes and/or upgrades to the original design of a turbine.
Necessary: What is technologically required for the equipment to function as designed by the
manufacturer. Anything less will restrict or inhibit the provision of service as intended and
described in the Application. Necessary does not mean what may be desired or preferred
technically.
NOEL: The “No Observed Effect Level”; 30 dBA, WHO 2009.
Noise: Unwanted sound or any sound that is not part of the natural environment.
Noise Level: Energy-equivalent sound pressure level (Leq) over a five-minute interval.
Non-Participant: Any and all Redfield landowners having no contractual relationship with a
wind developer.
Participant: Any and all Redfield landowners having a signed lease, easement, or good
neighbor agreement with a wind developer.
Person: An individual, trustee, executor, receiver, other fiduciary, corporation, firm, partnership,
association, organization, club, etc. acting as an entity.
Procedural Requirements: County, city, town and village administrative process requirements,
including application, hearing, and approval requirements regarding site plans, special zoning
exceptions, electrical, plumbing, and building permits, wetlands, blasting, excavation, fill,
historic preservation, storm water management, highway work, and other similar requirements.
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Qualified Independent Acoustical Consultant: A person with demonstrated competence in the
specialty of community noise testing who is contracted by the Town for purposes of noise
measurement of evaluation of noise analysis or noise complaints. An example is a person with
full membership in the Institute of Noise Control Engineers (INCE) or other specialist who is
qualified by education and experience in acoustics and regularly engaged in community noise
testing. A licensed professional engineer, e.g. P.E. does not have the necessary qualifications
based solely on such licensure. Having a P.E. does not, by itself, establish qualification for
community noise testing or analysis without further qualification. The Qualified Independent
Acoustical Consultant can have no financial relationship with the Wind Energy Facility
developer or related entity whether as a consultant or other capacity.
Repair: The replacement of existing work with the same kind of material used in the existing
work, not including additional work that would change the structural safety of the structure or
that would affect or change required existing facilities, a vital element of an elevator, plumbing,
gas piping, wiring, or heating installations, or that would be in violation of a provision of law or
this Local Law. The term "Repair" or "Repairs" shall not apply to any change in original design.
Residence: Any dwelling suitable for habitation existing in the Town of Redfield on the date an
application for a Wind Energy Facility Permit is received. A residence may be part of a multi-
dwelling or multipurpose building and shall include buildings such as hunting camps, seasonal
residences, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, schools or other
buildings used for educational purposes, or correctional institutions.
Residual Background Noise: Residual Background Noise encompasses all sound present in a
given environment, being usually a composite of sounds from many sources near and far. It
includes intermittent noise events, such as, from aircraft flying over, dogs barking, wind gusts,
mobile farm or construction machinery, and the occasional vehicle traveling along a nearby road.
Residual Background Noise also includes insect and other nearby sounds from birds and animals
or people. The near-by and transient events are part of the Residual Background Noise
environment but are not to be considered part of the long-term background sound. Residual
Background Noise shall be measured following procedures of ANSI/ASA S12-100 (2014)
Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential
Areas, and ANSI/ASA S12.9 Part 3 (2013) Quantities and Procedures for Description and
Measurement of Environmental Sound‐ Short Term Measurements With an Observer Present.

Rotor Diameter: The diameter of the largest swept area of a rotating turbine blade.
SEQRA: The New York State Environmental Quality Review Act and its implementing
regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.
Setbacks: A distance measured from the centerline of the road right-of-way, property lines,
village limits, edge of wetlands, or closest point of residence foundation to the base of the turbine
or measurement tower.
Shadow Flicker: The visual effect that results when the blades of an operating wind energy
turbine pass between direct and indirect light from the sun and an observer, and cast an
observable, moving shadow on a person or property in the vicinity.
Site: The minimum area necessary for a Wind Energy Facility to satisfy the required setbacks
and any other standards in this local law. The Site may be publicly or privately owned by an
individual or a group of individuals controlling single or adjacent properties. Where an
individual or group of individuals own or control adjacent properties, those properties may be
combined for the purposes of this law through an Easement Agreement to be recorded in the
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Real Property records in the Oswego County Clerk’s Office. The easement must, at a minimum,
describe all lands that may be impacted if the WECS fell and must remain in effect as long as the
WECS is in place. Where multiple adjacent lots are in single ownership or are combined
through an Easement Agreement, such multiple or combined lots shall together be considered the
“Site.”
Small Wind Energy Conversion System (“Small WECS”): A wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion electronics, which has
a rated capacity of no less than 500 watts and not more than 100 kilowatts and which is intended
to primarily generate on-site power or to reduce on-site consumption of utility power.
Social License: Refers to a local community’s acceptance or approval of a company’s project or
ongoing presence in an area. It is increasingly recognized by various stakeholders and
communities as a prerequisite to development.
Sound Level: The weighted sound pressure level obtained by the use of a sound level meter and
frequency weighting network, such as A, B, or C, if any, as specified in ANSI specifications for
sound level meters (ANSI SI.4-1971, or the latest revision).
Sound Pressure Level: The instantaneous level, expressed in decibels of sound. Sound
Pressure Level may be spectrally weighted to correspond to a spectrum of interest. For example,
the A-weighted decibel scale (dBA) represents those frequencies most readily audible to the
human ear. The C-weighted decibel scale (dBC) approximates response of the human ear to
low-frequency sounds. Sound Measurements shall use sound meters that meet the American
National Standard Institute Specifications for Integrating Averaging Sound Level Meters, S1.43-
1997 for Type I instruments and be capable of accurate readings (corrections for interval noise
and microphone response permitted) at 20 dBA or lower.
Special Use Permit: A construction and operating permit granted in accordance with the
provisions of this Local Law.
State: The State of New York.
Substantive Requirements: County, city, town and village substantive standards, including
zoning use restrictions; zoning lot, setback, bulk, and height requirements; noise limits; electric,
building, and flood zone construction and materials codes; noise limits; historic preservation
requirements; architectural style and color requirements; limits on construction activity times and
duration; wetland preservation requirements; landscaping requirements; site waste/construction
debris disposal/recycling requirements; storm water management requirements; paving, curbing,
and subgrade requirements; restrictions on date, time, duration and method of street openings;
separation and depth of cover requirements; restoration requirements for road subgrade, base and
pavement; and other similar requirements.
SWEF (Small Wind Energy Facility): A WEF that has a rated capacity of less than 100 kW.
Such a facility is used primarily for on-site consumption, is an accessory use, and consists of no
more than one wind turbine and any associated tower, control and/or conversion electronics.
Temporary: Something intended to exist or does exist for fewer than 180 days, except for an
anemometer or other meteorological measuring device that is used to test the wind conditions,
which are considered temporary when it exists for two years or less.
Total Height: The height of the tower from the finished ground elevation to the furthest vertical
extension of the turbine rotor plane.

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Un-Weighted or Linear Sound (dBL): The sound pressure level obtained without a weighting
filter.
Useful Life: The WECS or individual Wind Turbine(s) will be presumed to be at the end.
Variance and Project Oversight Board (VPOB): A five-member board established pursuant
to this Local Law to review and act on any variance requests, receive and act on complaints,
enforce violations, and manage all town interests associated with any Wind Energy Facility
project.
Welfare: A state of well-being.
Well-being: A good or satisfactory condition of existence; a state characterized by health,
happiness, and prosperity.
Wind Energy: Wind turbines convert the kinetic energy of moving air (wind) into mechanical
power. Note that the term “wind energy” is more technically correct than saying “wind power.”
Wind Energy Conversion System (“WECS”): A machine that converts the kinetic energy in
the wind into electricity with a rated capacity in excess of 100kW/hour (commonly known as a
“wind turbine” or “windmill”).
Wind Energy Facility (“WEF”): An electricity-generating facility, whose primary purpose is to
supply electricity. This consists of one or more WECS and other accessory structures and
buildings, including substations, meteorological towers, electrical infrastructure, transmission
lines, and other appurtenant structures and/or facilities.
Wind Farm: A marketing term for a WEF.
Wind Measurement Tower: A tower used for the measurement of meteorological data such as
temperature, wind speed, and wind direction.
Wind Overlay District: Those areas of the Town of Redfield that the Town Board has
determined may or may not be appropriate for the development of Wind Energy Conversion
Systems (“WECS”) and related infrastructure, electrical lines and substations, access roads and
accessory structures, depending on adequate health, environmental, economic, and safety
setbacks. The boundaries of the Wind Overlay District shall consist only of those districts of the
local zoning law that permit major Wind Generating Systems, as defined in the local zoning law.
Wind Shear: The difference in atmospheric wind speed and direction occurring over relatively
small increases in altitude (wind gradient).
Wind Turbine: A wind energy conversion system that converts wind energy into electricity
through the use of a wind turbine generator. Such a system might include a nacelle, rotor, tower,
pad transformer, and other appurtenant structures and/or facilities.
Wind Turbine Height: The distance measured from the lowest adjacent grade to the highest
point of the structure, including any attachments, such as a lightening protection device or a
turbine rotor or tip of the turbine blade when it reaches its highest elevation.
§ 6. Permit Required

1. No Wind Energy Facility (“WEF”) shall be constructed, reconstructed, modified, or

operated in the Town of Redfield, except in compliance with this Local Law.

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2. No Wind Energy Conversion System (“WECS”) shall be constructed, reconstructed,
modified, or operated in the Town of Redfield, except in the Wind Energy Facility
Overlay District, pursuant to a Special Use Permit approved pursuant to this Local Law.
Such facilities shall be subject to the substantive and procedural requirements of this Local
Law, in addition to other applicable local, state and federal laws.
3. No Special Use Permit shall be issued for construction, reconstruction, modification, or
operation of a WECS in the Town of Redfield until all other permits as may be required
(e.g., FAA, DEC, etc.) have been issued and evidence of such issuance is provided to the
Town of Redfield.
4. No Wind Measurement Tower shall be constructed, reconstructed, modified or operated in
the Town of Redfield, except pursuant to a Special Use Permit issued pursuant to this
Local Law.
5. No Small Wind Energy Conversion System (“SWECS”) shall be constructed,
reconstructed, modified, or operated in the Town of Redfield, except pursuant to a Special
Use Permit issued pursuant to this Local Law.
6. Exemptions. No permit or other approval shall be required under this Local Law for
mechanical, non-electrical WECS utilized solely for on-site agricultural operations.
7. Transfer. Wind Energy Facility or Special Use Construction and Continued Operation
Permits are issued exclusively to the applicant and are not transferrable without the
approval of the Town of Redfield Board. The sale of an entity to which such a Permit has
been issued including more than 30% of the stock of such entity (not counting sales of
shares on a public exchange), without the prior approval of the Town Board shall operate
to void the Permit.
Requests for transfer approval or approval of sale must include:
a. Name, address, and telephone number of the transferee (buyer). If an agent
represents the transferee (buyer), the application shall include the name, address, and
telephone number of the agent as well as an original signature of the applicant
authorizing the representation.
b. Name and address of the property owner. If the property owner is not the transferee
(buyer), 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
transfer of ownership and (ii) confirming that the property owner authorizes the
submission of the application.
c. Address, or other property identification, of each proposed or existing WECS
location, including Tax Map section, block and lot number, and latitude and longitude
coordinates.
d. A description of the Wind Energy Facility or proposed Facility, including the number
and maximum rated power output capacity of each WECS.
e. Detailed explanation of financial and legal agreements to execute the ownership
transfer.
f. Written acceptance by the transferee (buyer), including a detailed presentation
assuring complete commitment to and adequate resources to comply with each
requirement of this local law. No transfer shall operate to eliminate the liability of an
application or of any other party under this Local Law.

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§ 7. Anemometers or Other Meteorological Towers

1. Temporary towers may be erected to use a meteorological measuring device to test the wind
conditions on the proposed WEF site. Such towers do not require approval of a WEF Permit.
However, each such temporary pole or tower shall comply with the dimensional
requirements stipulated by the Town Board. A copy of a FAA determination report as a result
of filing the FAA Form 7460-1, “Notice of Proposed Construction or Alteration of an Object
that may Affect the Navigable Airspace,” shall be submitted prior to submission of any
building permits for such a temporary tower.
2. The temporary pole or tower may be any approved height, but it must be setback from all
property lines, vacant or occupied dwelling unit, rights-of-way, and access easements by a
distance that is greater than 1.5 times its height. The temporary pole or tower may not have
any signs; may not be illuminated (except as required by the FAA or Department of
Defense); and must be completely removed within two (2) years of the date that it is erected,
unless the Town Board grants a single one (1) year extension.

§ 8. Applications for Wind Energy Permits

1. Wind Energy Permit Application. Before a building permit may be submitted for a WEF, a
Wind Energy Permit Application must first be approved by the Town Board.
2. Changes to Application Throughout the permit process, the applicant shall promptly notify
the Town Board of any changes to the information contained in the permit application.
Changes that do not materially alter the initial site plan may be administratively accepted.
3. Application Requirements. The application for a WEF shall contains at least the following:
a. Name, address, and telephone number of the applicant. If the applicant is represented
by an agent, the application shall include the name, address, and telephone number of
the agent as well as the original signature of the applicant authorizing the
representation.
b. Name and address 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 or other property identification of each proposed WEF location, including
Tax Map section, block and lot number, latitude and longitude coordinates.
d. Summary: A narrative overview of the WEF, including its generating capacity.
e. Inventory: A tabulation describing the:
i. Specific number, types, and height of each wind turbine to be constructed,
including their generating capacity.
ii. Dimensions and respective manufacturers.
iii. Appurtenant structures and/or facilities.

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f. WEF Site Plan: A detailed site plan prepared by a licensed surveyor or engineer
drawn in sufficient detail to clearly describe the following:

i. All property lines and physical dimensions of site.

ii. All property lines within two (2) miles of the property lines of the proposed
site.
iii. Location, approximate dimensions, and types of existing structures and uses
on the site, public roads, and adjoining properties within a two (2) mile radius
of the proposed WEF.
iv. Local of all above and below ground utility lines on the Site and all related
transformers, power lines, interconnection points with transmission lines, and
other ancillary facilities or structures.
v. Planned location of each wind turbine.
vi. Each turbine’s setback distance from the closest WEF boundary.
vii. Access road and turnout locations.
viii. Substation(s) and ancillary equipment, buildings, and structures, including
permanent meteorological towers
ix. Electrical cabling from the WEF to the substation(s) and from the
substation(s) to where the electricity will leave the site.
x. Associated transmission lines.
xi. Conservation Areas, including natural areas protected by law, such as
wetlands that meet the definition in the Clean Water Act; shoreland areas;
water bodies; riparian buffers; populations of endangered or threatened
species (federal or state), or habitat for such species; flyways; archaeological
sites, cemeteries, and burial grounds; important local historic sites; existing
healthy, native forests consisting of at least one acre of contiguous area;
individual existing healthy trees that are at least 100 years old; other
significant natural features and scenic view sheds; existing trails or corridors
that connect the tract to neighboring areas.
xii. Location of all structures and properties within the geographical boundaries of
any applicable setback.
xiii. A landscaping plan that shows proposed screening and buffering of all
buildings and other non-turbine structures on the site or sites.
xiv. Boundaries of all applicable zoning districts in which each proposed WECS
will be located, including the Wind Overlay District.
xv. To demonstrate compliance with the setback requirements of this Section,
circles drawn around each proposed tower site having a radius equal to:
1. Five times the total height of the proposed WECS;
2. Three thousand feet;
3. One mile;
4. Two times the total height of the proposed WECS;
5. Five thousand feet; and
6. One and one-half times the total height of the proposed WECS.
xvi. Location of the nearest residential structure on Site and off Site and the
distance of each from the proposed WECS.
xvii. All proposed facilities, including access roads, electrical lines, substations,
storage or maintenance units, and fencing.
xviii. The names and addresses of all property owners within a three thousand foot
radius of each WECS, together with evidence of the current use of all such
property.

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g. Elevation Drawing. Elevation drawing of the WECS showing Total Height, turbine
dimensions, tower and turbine colors, ladders, distance between ground and lowest
point of any blade, location of climbing pegs, and access doors. One drawing may be
submitted for each WECS of the same type and Total Height.

h. Lighting Plan. Lighting plan showing any FAA-required lighting and other
proposed lighting. The application should include a copy of the determination by the
FAA to establish required markings and/or lights for the structure, but if such
determination is not available at the time of the application, no building permit for
any lighted facility may be issued until such determination is submitted.

i. WEF Misc: The applicant shall provide the following information to the Town
Board:
i. Certification that the proposal is for an International Electrical Congress (IEC)
Class S wind turbine that is designed to meet all NY Building Codes.
ii. A Stand-down Plan for high wind conditions.
iii. Signed copies of all original leases/easements and agreements for this WEF
(not memorandums).
iv. Any other materials needed to satisfy the requirements of this permit.

j. WEF Economic Impact Study: The Town will hire independent experts (paid for
from the Escrow Account: see ¶ 8-4) who will do a thorough, conservative
assessment of the WEF’s net economic impact on the community. This will include
possible tourism reduction, reduced agricultural yields due to bat takings, property
devaluations (and the commensurate loss in tax base), cost to community due to
adverse health effects, higher cost of electricity, etc. This will be compared to any
guaranteed incomes from the WEF.

k. WEF Environmental Impact Study:

i. An Environmental Impact Study (EIS) shall be conducted that includes review
comments from citizens in the Town, independent experts, as well as all
applicable state and federal agencies, including at least the: NY Department of
Environmental Conservation, NY Department of Health, NY Department of
Transportation, US Fish and Wildlife Service, and US Army Corps of
Engineers.
ii. As a minimum the EIS shall include the potential impacts on: (i) humans
(such as audible and inaudible sounds, vibrations, EMFs, shadow flicker,
blade glint, ice throw, component liberation due to major storms, etc.), (ii)
wildlife, livestock and domestic animal populations, including migratory
flyways and corridors (same concerns as with humans), (iii) land and
vegetation (such as agricultural effects), (iv) wetlands, water bodies, flowing
water sources and groundwater (including aquifer impacts due to turbine
foundations, etc.), and (v) air (such as changes in humidity). The study area
shall include the proposed WEF, as well as the area at least two (2) miles
surrounding the proposed WEF.
iii. All costs and expenses incurred related to the Environmental tests for the
WEF shall be paid from the Escrow Account (see ¶ 8-4). The Town shall use
the Escrow Account funds to hire independent qualified experts, as needed, to
do the following:

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1. Provide the location and full description of any of the following: open
drainage courses, streams, vernal pools, wetlands, and other important
natural areas and site features, including, but not limited to,
floodplains, deer wintering areas, Essential Wildlife Habitats,
Significant Wildlife Habitats, livestock, Scenic or Special Resources,
habitat of rare and endangered plants and animals, natural
communities of endangered species (federal or state), unique natural
areas, sand and gravel aquifers, wells, and historic and/or
archaeological resources.
2. The Applicant must provide a written report from all appropriate state
and federal agencies detailing their evaluation of the proposed WEF.
3. The Applicant must demonstrate, to the satisfaction of the Town, that
the proposed WEF will not have undue hydro-geological consequences
(e.g. with surface or subterranean water resources, and storm water
runoff), or adverse effects on geological stability, rare, threatened, or
endangered wildlife, Significant Wildlife Habitat, Essential Wildlife
Habitat, Raptor Habitat, livestock, threatened or endangered plants,
and rare or exemplary natural plant communities and ecosystems.
4. The Applicant must provide a cumulative-impact assessment of their
WEF in the context of any other WEFs within twenty-five (25) miles,
including migratory bird, bat and large mammal corridors, and
demonstrate that the WEF is not located in an area that will result in
degradation of important wildlife corridors or flyways.
5. Pre-construction and post-construction field studies shall be conducted
using the most advanced techniques available. If the pre-construction
field studies demonstrate significant adverse effect to birds, bats, game
animals, water resources, habitat fragmentation or other ecosystem
degradation, the WEF Applicant shall propose a remediation plan,
subject to the Town’s approval. The Applicant accepts that some
environmental impacts cannot be satisfactorily resolved, and that such
situations will be factored into the Town’s decision regarding the net
benefits of the WEF.
6. In determining the nature and effectiveness of such remediation plans,
the Town will be guided by inputs of its citizens, its own consultants,
the appropriate state & federal agencies, and applicable state and
federal laws and regulations. The WEF Applicant will be responsible
for the full cost of implementing any approved remediation plan, under
the supervision of the Town and its designated agents.
7. After implementation of any remediation plan, the Town will review
the situation to determine its effectiveness. Should the Town find the
remediation efforts inadequate, the WEF Applicant will be given sixty
(60) days from that finding, to resolve the deficiencies. In the absence
of a successful resolution, the Town (at its sole discretion) shall have
the right to deny the WEF Permit.
8. A computer-generated "zone of visibility map" (covering at least a one
[1] mile radius from the proposed WEF) shall be created to illustrate
locations from which the proposed installation may be seen, with and
without foliage.

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l. WEF Air Space Impacts
i. For all portions of the WEF more than 200 feet tall, the applicant shall provide
a copy of a FAA determination as a result of filing the FAA Form 7460-1,
“Notice of Proposed Construction or Alteration of an Object that may Affect
the Navigable Airspace.”
ii. If any portion of a WEF will be located within five (5) miles of any civilian or
military airport runway, or heliport, the applicant shall demonstrate
compliance with all local County, State and Federal airport related laws.
iii. The applicant shall establish to the satisfaction of the Town Board that the
WEF will not adversely impact the restricted air space in the area, particularly
as it relates to the flight paths to and from Fort Drum.
iv. The applicant shall forward this application to the Commanding Officer, Fort
Drum in order to provide for review and comment concerning any possible
impacts on the operations and mission of Fort Drum, These comments are
separate from whatever is in the DOD Clearinghouse documents. This
application is completed until such time as said review is finished and written
comments are received.
v. The applicant shall provide a narrative description of all risks to:
1. Civil air navigation (including civilian radar).
2. Military air navigation routes, military air traffic control areas, military
training routes, military special-use air space, military radar or other
potentially affected military operations, and shall further include
documentation that addresses any potential adverse impact on military
operations and readiness as identified by the Department of Defense
Clearinghouse and any remediation action agreed to the by the
applicant.
3. NEXRAD weather radar systems.
4. Hot Air Balloon rides available to the public within twenty (20) miles
of the WEF.

m. Noise Impacts. Applicant shall provide a report demonstrating that the project
design will be able to comply with the limits set by this regulation with an adequate
margin of safety. The report shall demonstrate that the project design will result in
sound emissions to be evaluated by means of a post-construction noise monitoring
study. The report shall be prepared by a Qualified Independent Acoustical
Consultant for the WEF boundaries and at property lines of proximate residences.
The operating WEF sound shall not exceed 35 dBA (Leq) or 50 dBC (Leq) for more
than five (5) consecutive minutes during a representative range of operating and
atmospheric conditions which includes full power operation during periods when
surface winds are under 2 m/s. Further, at no time shall the sound pressure level
(measured with averaging of 0.12 seconds or less e.g. fast meter response) exceed
these limits by more than 5 dB. It shall not exceed the pre-operational baseline
background sound levels (L90) as defined here-in by more than 6 dBA at any location
beyond a 100 meter radius of a wind turbine tower to protect soundscape and wildlife.
Instrumentation to verify this shall meet ANSI or IEC Type 1 standards, and
measurement procedures shall comply with relevant portions of ANSI S12.9, Part 3
for evaluating compliance with these regulations. Each report will include the
SCADA/ Power output data, hub rpm, blade angle, wind direction, nacelle yaw, and
theoretical full power at the time of the testing in spreadsheet form with details at ten
(10) minute periods or less. If post-construction noise measurements demonstrate an
exceedance of any of the limits in this section the project shall be considered to not
Page 16
 comply. Noise mitigation shall include removing wind turbines or operating them in
noise reduced operating modes sufficient to result in operating noise measurements
that do not exceed the limits.

n. Visual Impacts: The applicant shall furnish a visual impact assessment to the Town
Board, which shall include:
i. Pictorial representations of "before and after" views from 360 degree
viewpoints within two (2) miles of the proposed WEF boundaries, including a
drone perspective from the WEF. These will include, but not be limited to,
major roads; state and local parks; other public lands; historic districts;
preserves and historic sites. The Town Board will provide guidance
concerning the appropriate key sites. The applicant shall provide a map
showing the locations of where the pictures were taken and the distance of
each location from the proposed WEF.
ii. If any portion of a proposed WEF will be located within one (1) mile of the
right-of-way of a Federal or State-designated Scenic Route/By-way, the
applicant shall describe the proposed measures to be taken to minimize the
visual impact of the proposed WEF (including shadow flicker and blade glint)
upon a Scenic Route/By-way.
iii. The Applicant shall not install any lighting that exceeds the minimum
required by the FAA. If approved by the FAA, on-demand lighting (AVWS)
is required.

o. WEF Impacts on Other Town Municipalities: If the proposed WEF is within two
(2) miles of a Cooperative of Tug Hill community, the Applicant shall provide written
notification of this application to that municipality.

p. Maintenance Plan: The Applicant shall detail the triennial, storm follow-up, and
other actions that will be taken to keep the WEF operating quietly, efficiently, and not
polluting land, water, or air. This will include (but not limited to) the minimization of:
audible sounds, infrasound, vibrations, blade glint, and fluid leaks. The Applicant
shall conduct preventive maintenance inspections at least once every year, and after
any wind event defined as a tropical storm or Category 1 (or higher) hurricane. Each
inspection shall look for such things as metal fatigue, nut loosening, and other
potential failures that might impact the public health and safety. Such inspection
reports shall be provided to the Town Board within thirty (30) days of the inspection.

q. Complaint Resolution Plan. A Complaint Resolution Plan to address complaints

within 24 hours of receipt of notice thereof and to resolve any complaint in a diligent
and timely manner under the circumstances. The Complaint Resolution Plan should
at a minimum comply with the process described in §12 of this Local Law.

r. Decommissioning Plan: A description of how the structural and turbine materials

will be disposed of, how the site will be restored, as well as:
i. Anticipated life of the WEF.
ii. Estimated decommissioning costs including contingency costs of at least 20%
(in current dollars), as provided by an appropriately experienced licensed
engineer.
iii. A verifiable means of determining if the decommissioning plan needs to be
activated due to cessation of use, such as a letter from the electric utility
stating that it will notify the Town Board within ten (10) business days if
Page 17
 electricity is not received from any turbine within the WEF for any thirty (30)
consecutive days.
iv. Method for ensuring that funds will be available for decommissioning and
restoration as set forth in §8- 8 of this Local Law.
s. Ancillary Materials: Other relevant studies, reports, certifications, and approvals as
may be reasonably requested by the Town to ensure compliance with this Local Law,
or to protect the health, safety and well-being of the Town’s citizens, or local
ecosystems. The inputs of local citizens will be solicited in at least one (1) public
hearing on this application.

t. Town Board Decision: The approval by the Town Board shall be valid for a period
of two (2) years. Prior to the expiration of such approval, the Owner of the WEF may
submit one (1) approval extension application for up to an additional two (2) years.
Such approval extension application shall be accompanied by a second application
fee (see §8-11 of this Local Law), as well as a letter explaining the reasons that would
justify an approval extension.

Minimum Wind Turbine Setback

Type of Maximum
from any Property Line,
Wind Energy Wind Turbine
Public or Private Right of Way,
Facility Height**
and/or Access Easement*

1.5 feet for each foot of height from any

property line and any vacant or occupied
dwelling unit on the same property.
If the Town Board determines there will be
SWEF
no significant impact on abutting properties
(up to 100 or those across a stream, lake, or other
75 feet
kW) body of water, no such setback is required
from the waterward property line for
a turbine placed in a body of water,
or on a dock or pier.

WEF 1.5 feet for each foot of height from any

(100 kW or property line and any vacant or occupied 500 feet
more) dwelling unit on the same property.

4. WEF Dimensional Requirements:

a. To provide for at least minimal operational safety for persons and property located
outside of a WEF, all WEFs shall comply with the minimums and maximums
contained in the following table:
* Such minimum setbacks for a WEF shall be measured from its outermost extension (whether blade
tip, nacelle/turbine housing, or tower/pole edge) that is nearest the WEF property line, public or
private right-of-way, and access easement.
Page 18
 ** Height is measured from the lowest adjacent grade to the highest point of the structure, including
any attachments (such as a lightening protection device or a turbine rotor or tip of the turbine blade
when it reaches its highest elevation). No portion of any wind turbine blade shall be closer than 25
feet to any portion of the ground that surrounds any WEF.
b. No WEF wind turbine shall be permitted to be within five (5) miles of any operating
or proposed radar facility (NEXRAD, military, commercial, etc.).
5. WEF Escrow Account. The Applicant shall pay to the Town a non-refundable Application
Fee as set forth in § 8-11 of this Local Law. The Town Board reserves the right to obtain
engineering, economic impact, environmental impact, or other professional services to aid it
in the review of any submitted WEF application. These costs (and other expenses incurred by
the Town) are reimbursable only from the Escrow Account, not the Application Fee.
a. The Applicant shall reimburse the Town for all oversight expenses incurred relating
to the WEF, from application through decommissioning.
b. These WEF-related oversight expenses include (but are not limited to) amounts
required for Building Permits, Licensing, Re-Licensing, and Decommissioning —
e.g. administration, engineering, expert health and wildlife evaluations, handling
complaints, legal, etc. “Legal” includes reasonable attorney fees for the Town if the
Town has to sue the Applicant.
c. Any Escrow Account interest shall stay with the account and be considered new
principle.
d. This Escrow Account will be setup by the Applicant at the time of the WEF permit
Application. This Escrow Account will be at a financial institution approved by the
Town, solely in the name of the Town, to be managed by the Town Treasurer (or
designee). The Applicant will make an initial deposit of $50,000. A WEF Permit
Application will not be processed until proof of deposit has been provided by the
Applicant. A WEF Permit Application determination will not be made until all costs
incurred by the Town to date, have been reimbursed by the Applicant.
e. If the WEF Application is denied, all Escrow Account funds will be returned to the
Applicant, less related expenses incurred by the Town. The money will be returned,
along with a statement as to these costs, within 30 days of the Application being
formally denied, or receipt of a Letter of Withdrawal. Permit Fees are non-refundable.
f. This Escrow Account will be funded during the life of the WEF by the
Applicant/Owner/Operator. The Applicant/Owner/Operator will replenish any
Escrow funds used by the Town within 14 days of being sent written notification (and
explanation) of said withdrawals. Failure to maintain the Escrow Account at $50,000
(within 30 days of being given notice) shall be cause for revocation (or denial of
renewal) of the WEF Permit.
g. Once the Owner believes that they have satisfactorily complied with the
decommissioning conditions specified herein, they will send the Town written
notification. The Town then has sixty (60) days to verify to their satisfaction that all
decommissioning conditions have been complied with. If there is material non-
compliance, the Town will so notify the Owner and the process starts over. Otherwise
the Town will return all Escrow Account funds to the Owner, less related expenses
incurred by the Town, along with an explanatory statement
Page 19
6. Installation and Design.
a. WEF Power Collection: The electrical connection system from the turbines to a
collection point or substation shall, to the maximum extent possible, be placed
underground. The power from that collection point or substation may use overhead
transmission lines, if approved by the Town Board.
b. Road Analysis: The applicant shall agree, in writing, to the conditions of §9-3 of this
Local Law.
c. Security: The Applicant shall submit design plans to verify that the WEF is:
i. Located, fenced, or otherwise secured so as to prevent unauthorized access.
ii. Made inaccessible to individuals and constructed or shielded in such a manner
that they cannot be climbed or collided with.
iii. Installed in such a manner that they are readily accessible only to persons
authorized to operate or service them.
d. The WEF shall:
i. Be a non-obtrusive color (such as light blue, off-white, or light gray) that blends with
the sky, as determined by the Town Board.
ii. Not be artificially lighted, except to the extent required by the Federal Aviation
Administration or other applicable authority that regulates air safety.
iii. Not contain any signs or other advertising (including flags, streamers or decorative
items or any identification of the turbine manufacturer, WEF owner and operator).
This does not include any identification plaques that might be required by the electric
utility or a governmental agency.
iv. Be sited and operated so as to not interfere with television, internet service, telephone
(including cellular and digital), microwave, satellite (dish), navigational, or radio
reception in neighboring areas. The applicant and/or operator of the WEF shall be
responsible for the full cost of any remediation necessary to correct any problems or
provide equivalent alternate service, within thirty (30) days of being given notice.
This includes relocation or removal of problematic turbine(s), or any other
equipment, transmission lines, transformers, and other components related thereto.
v. Have a leak containment system for oil, hydraulic fluids, and other non-solids that is
certified by an expert (such as an engineer, turbine manufacturer, etc.) acceptable to
the Town Board that all such fluids will be captured before they reach the ground.
The applicant shall pay the cost(s) of the expert.
vi. For WEFs, prepare an incident response plan that ensures that local emergency
responders have the necessary equipment and training to effectively handle
emergencies such as oil spills, turbine fires, turbine structural damage (or collapse) of
equipment, including access to heavy equipment needed for rescue of trapped
personnel. The Escrow Fund will be used to reimburse all local emergency
responders for any necessary equipment or training required.

7. WEF Real Property Value Protection Plan: The WEF Applicant shall assure the Town that there
will be no loss in real property value within two (2) miles of each wind turbine within their WEF. To
legally support this claim, the Applicant shall consent in writing to a Real Property Value Protection
Agreement (“Agreement”: §8-7) as a condition of approval for the WEF. This Agreement shall

Page 20
 provide assurance to non-participating real property owners (i.e. those with no turbines on their
property) near the WEF, that they have some protection from WEF-related real property values
losses.

8. WEF Surety for Removal when Decommissioned.

a. The applicant shall place with the Town an acceptable letter-of-credit, bond, or other form of
security that is sufficient to cover the cost of removal at the end of each WEF turbine’s useful
life, as detailed in the decommissioning plan. Such surety shall be at least $200,000 for each
wind turbine. The Town Board may approve a reduced surety amount that is not less than
150% of a cost estimate that is certified by an Engineer, salvage company, or other expert
acceptable to the Town Board. This calculation will not take into account any estimated
salvage values.
b. The Town shall use this surety to assure the faithful performance of the decommissioning
terms and conditions of the Applicant’s plan and this law. The full amount of the bond or
security shall remain in full force and effect until all necessary site restoration is completed
to return the site to a condition comparable to what is was prior to the WEF, as determined
by the Town Board. The Applicant will be responsible for assuring that any subsequent
Assigns of the WEF, will provide acceptable surety to the Town, prior to any transfer of
ownership.

9. WEF Liability Insurance

a. The holder of a permit for a WEF shall agree to secure and maintain for the duration of the
permit public liability insurance, as follows:
i. Commercial general liability covering personal injuries, death and property damage:
$10,000,000 per occurrence ($20,000,000 aggregate), which shall specifically include
the Town and its officers, councils, employees, committee members, attorneys, agents
and consultants as additional named insureds.
ii. Umbrella coverage: $50,000,000.
b. The insurance policies shall be issued by an agent or representative of an insurance company
licensed to do business in the State and with at least a Best's rating of "A".
c. The insurance policies shall contain an endorsement obligating the insurance company to
furnish the Town with at least 30 days prior written notice in advance of a cancellation.
d. Renewal or replacement policies shall be delivered to the Town at least 15 days before the
expiration of the insurance that such policies are to renew or replace.
e. No more than 15 days after the grant of the permit and before construction is initiated, the
permit holder shall deliver to the Town a copy of each of the policies or certificates
representing the insurance in the required amounts.
f. A certificate of insurance that states that it is for informational purposes only and does not
confer sufficient rights upon the Town, shall not be deemed to comply with this Local Law

10. WEF Indemnification. The granting of the Town’s WEF Permit shall contain an indemnification
provision. This clause shall require the applicant to at all times defend, indemnify, protect, save, hold
harmless, and exempt the Town (and affected municipalities), and its officers, councils, employees,
committee members, attorneys, agents, and consultants from any and all penalties, damages, costs,
or charges arising out of any and all claims, suits, demands, causes of action, or award of damages,
whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which
might arise out of, or are caused by delivery, construction, erection, modification, location,
equipment’s performance, use, operation, maintenance, repair, installation, replacement, removal, or
restoration of said WEF, excepting, however, any portion of such claims, suits, demands, causes of
action or award of damages as may be attributable to the negligent or intentional acts or omissions of
the Town, or its employees or agents. With respect to the penalties, damages, or charges referenced
Page 21
 herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those
costs that are recoverable by the Town
11. Permit Fees. Non-refundable Permit Application Fees shall be as follows:
a. WEF Permit: $200 per megawatt (MW) of rated maximum capacity
b. SWEF Permit: $500 per turbine
c. Wind Measurement Towers Permit: $200 per tower.
d. Wind Measurement Tower Permit renewals: $100 per tower

12. Standards for Town Board’s WEF Permit Application Decision. The Town Board may
disapprove a WEF Permit Application for a variety of reasons, including but not limited to, the
following:
a. Conflict with safety and safety-related codes and requirements.
b. The use or construction of a WEF that is contrary to an already-stated purpose of a specific
zoning or land use designation.
c. The operation of a WEF would be a net economic liability to the community.
d. The operation of a WEF would create unacceptable health risks to the public.
e. The placement and operation of a WEF that would create an unacceptable risks to wildlife
and/or regional ecosystems.
f. The placement and location of a WEF would result in a conflict with, or compromise, or
significantly change, the nature or character of the surrounding area.
g. The operation of a WEF would create unacceptable interference with any type of civilian or
military radar systems.
h. Conflicts, as determined by the Town Board, with the military's unrestricted ability to use the
Restricted Air Space, including no flight hazards and/or use limitations. In addition, the
Town Board will consider whether construction or operation of the proposed WEF would
encroach upon or would otherwise have a significant adverse impact on the mission, training,
or operations of any military installation or branch of military in the State, and possibly result
in a detriment to continued military presence in the State.
i. Conflicts with any provisions of this Local Law

§ 9. WEF Post-Construction Substantive Requirements

1. WEF Certification. Prior to operation of any approved and constructed WEF, the applicant must
provide a certification that the project complies with applicable codes, industry practices and
conditions of approval (where applicable).

2. Reservation of Authority to Inspect WEF. In order to verify that the holder of a permit for a WEF
and any and all lessees, renters, and/or licensees of it, have placed and constructed such facilities in
accordance with all applicable technical, safety, fire, building, and zoning codes, laws, Local Laws
and regulations and other applicable requirements, the Town may inspect all facets of said permit
holder's, renter's, lessee's or licensee's placement, construction, and maintenance of such facilities,
including all turbines, towers, buildings, and other structures constructed or located on the site.

a. Wind Energy Facilities shall not begin operation until all approvals required under this Local
Law shall have been obtained, and all required certifications are provided.

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 b. Following the issuance of any approval required under this Local Law, the Town Board or its
designee shall have the right to enter onto the Site upon which a WEF has been placed, at
reasonable times in order to inspect such WEF and its compliance with this Local Law.
c. After undertaking such inspection, the Town Board or its designated representative shall
provide notice of any non-compliance with the terms of this Local Law or the conditions of
approval of any permit issued hereunder, and shall provide the owner or applicant with a
reasonable time frame to cure such violation, such time frame to be determined based upon
the seriousness of the violation, its actual and/or potential impact upon public safety, and the
actual and/or potential impact of the violation upon Town residents and/or local ecosystems.

3. WEF Construction Related Damage.

The owner of any permitted WEF shall, to the extent practicable, repair or replace all real or
personal property, public or private, damaged during the WEF construction.
The applicant shall reimburse the NY DOT and/or Town (as appropriate) for any and all repairs and
reconstruction to roads that are necessary due to the construction or decommissioning of the WEF. A
qualified independent third party or other qualified person, agreed to by the NY DOT and/or Town
(as appropriate) and the applicant, shall be hired to pre-inspect the roadways to be used during
construction and/or decommissioning. This third party shall be hired to evaluate, document, and rate
the roads condition prior to construction or decommissioning of the WEF, and again 30 days after
the WEF is completed or removed.
a. Any road damage during construction that is done by the applicant and/or one or more of its
subcontractors that is identified by this third party shall be repaired or reconstructed to the
satisfaction of NY DOT and/or Town (as appropriate) at the applicant’s expense, prior to the
final inspection. In addition, the applicant shall pay for all costs related to this third party pre-
inspection work prior to receipt of the final inspection.
b. The surety for removal of a decommissioned WEF shall not be released until the Town
Board is satisfied that any road damage that is identified by this third party during and after
decommissioning that is done by the applicant and/or one or more of its contractors or
subcontractors has been repaired or reconstructed to the satisfaction of the NY DOT and/or
Town at the applicant’s expense. In addition, the applicant shall pay for all costs related to
work of this third party's inspection prior to receipt of the release of the surety.

4. WEF Noise Impacts.

Necessary studies and a report shall be prepared by a Qualified Independent Acoustical

Consultant showing the operational sound levels for the WEF boundaries and at property lines of
proximate residences. The operating WEF sound shall not exceed 35 dBA (Leq) or 50 dBC (Leq) for
more than five (5) consecutive minutes during a representative range of operating and atmospheric
conditions which includes full power operation during periods when surface winds are under 2 m/s.
Further, at no time shall the sound pressure level (measured with averaging of 0.12 seconds or less
e.g. fast meter response) exceed these limits by more than 5 dB. It shall not exceed the pre-
operational baseline background sound levels (L90) as defined here-in by more than 6 dBA at any
location beyond a 100 meter radius of a wind turbine tower to protect soundscape and wildlife.
Instrumentation to verify this shall meet ANSI or IEC Type 1 standards, and measurement
procedures shall comply with relevant portions of ANSI S12.9, Part 3 for evaluating compliance
with these regulations. The report shall include the SCADA/ Power output data, hub rpm, blade
angle, wind direction, nacelle yaw, and theoretical full power at the time of the testing in spreadsheet
form with details at ten (10) minute periods or less. If post-construction noise measurements
demonstrate an exceedance of any of the limits in this section the project shall be considered to not

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 comply. Noise mitigation shall include removing wind turbines or operating them in noise reduced
operating modes sufficient to result in operating noise measurements that do not exceed the limits.
5. Each occurrence by individual turbines shall be a separate violation of this Local Law, and the
penalties (see ¶ 10-2) shall be cumulative.
If noise levels exceed any of the limits above, as measured at any WEF property line or residence,
the problem turbine(s) shall be shut down within one business day of being directed to do so by the
Town Board or their designee. No compensation for lost production opportunity will be provided.
The problem turbine(s) shall remain shutdown until it can be demonstrated to the satisfaction of the
Town Board (or their designee) that those turbines can be operated so as to not exceed 35 dBA for
more than five (5) consecutive minutes, as measured at all WEF property lines, or proximate
residences.

6. WEF Real Property Value Protection Plan

The Applicant guarantees that there will be no loss in real property value within two miles of the
WEF, due to the WEF. Any real property owner(s) included in that area who believe that their
property may have been devalued due to the WEF, may elect to exercise the following option:
a. All appraiser costs are paid by the Applicant, from the Escrow Account. Applicant and the
property owner shall each select a licensed appraiser. Each appraiser shall provide a detailed
written explanation of the reduction, if any, in value to the real property ("Diminution
Value"), caused by the proximity to the WEF. This shall be determined by calculating the
difference between the current Fair Market Value (FMV) of the real property and what the
FMV would have been at the time of exercising this option, assuming no WEF was proposed
or constructed.
i. If the higher of the Diminution Valuations submitted is equal to or less than 25% more
than the other, the two values shall be averaged ("Average Diminution Value": ADV).
ii. If the higher of the Diminution Valuations submitted is more than 25% higher than the
other, then the two appraisers will select a third licensed appraiser, who shall present to
Applicant and property owner a written appraisal report as to the Diminution Value for
the real property. The parties agree that the resulting average of the two highest
Diminution Valuations shall constitute the ADV.
iii. In either case, the property owner may elect to receive payment from Applicant of the
ADV. Applicant is required to make this payment within 60 days of receiving said
written election from property owner.
b. Other Agreement Conditions:
i. If a property owner wants to exercise this option, they must do so within 10 years of the
WEF receiving final approval from the Town.
ii. A property owner may elect to exercise this option only once.
iii. The Applicant and the property owner may accept mutually agreeable modifications of
this Agreement, although the Applicant is not allowed to put other conditions on a
financial settlement (e.g. confidentiality). If the property owner accepts some payment for
property value loss based on an alternative method, that that acceptance and payment
shall be considered an exercise of this option.
iv. This Agreement applies to the property owner of record as of the date of the WEF
approval, and is not transferrable to subsequent owners.
v. The property owner of record as of the date of the WEF approval must reasonably
maintain the property from that time, until they choose to elect this option.
vi. The property owner must permit full access to the property by the appraisers, as needed
to perform the appraisals.

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 vii. The property owner must inform the appraisers of all known defects of the property as
may be required by law, as well as all consequential modifications or changes to the
property subsequent to the date of the WEF application.
viii. This Agreement will be guaranteed by the Applicant (and all its successors and assigns),
for 10 years following the WEF receiving final approval from the Town, by providing a
bond (or other surety) to the Town, in an amount determined to be acceptable by the
Town. This surety account will ensure execution of all aspects of this Agreement
(including compensation of eligible property owners in the case of default by Applicant).
Failure to maintain this surety account shall be cause for revocation (or denial of renewal)
of the WEF Permit.
ix. Payment by the Applicant not made within sixty (60) days will accrue an interest penalty.
This will be twelve percent (12%) annually, from the date of the written election from
property owner.
x. For any litigation regarding this Agreement, all reasonable legal fees and court costs will
be paid by the Applicant.

7. WEF Environmental Monitoring. The Applicant will permit post-construction environmental

studies deemed appropriate by the Town Board. These will be funded by the Escrow Account. Post-
construction field studies will include scientific assessments of regional nesting failures, and
territory abandonment of special status species like raptors species, within two (2) miles of the WEF.
When these assessments are being done, only researchers involved with these studies will be legally
allowed to touch carcasses. WEF personnel who move carcasses without written Town approval will
be subject to a fine per ¶ 10-2.2, as wind turbines do kill endangered and other highly protected
species. During the life of the project every bird or bat carcass, or crippled bird or bat found
anywhere within the WEF must be reported to the Town by the Applicant, within seven (7) days.

8. WEF Decommissioning
The Town Board will review the projected Decommissioning costs every five (5) years. The WEF
owner will adjust their security to any changes from the original calculation.
If the Town Building Codes official condemns any portion of a WEF, or if no electricity is generated
from any turbines for three (3) consecutive months, the WEF owner and/or property owner shall
have three (3) months to remedy the safety issues or complete the decommissioning of the WEF,
according to the approved plan.
a. The Town Board may grant extensions of time for repair and/or maintenance, for good cause,
such as the need to back-order parts that are not currently available from the supplier or the
need to repair a WEF damaged by a storm.
b. Decommissioning shall include the complete removal of turbines, buildings, electrical
components, cabling, roads, and any other associated facilities and/or structures, including
below-ground items (e.g. foundations), to a depth of four (4) feet below grade.
c. Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that
the access roads or other land surface areas not be restored.

§ 10. Permit Revocation

1. Testing fund. A Special Use Permit shall contain a requirement that the applicant fund periodic noise
testing by a qualified independent third-party acoustical measurement consultant, which shall be
included in the annual Operation Maintenance and Compliance report required under this Section, and
may be required more frequently upon request of the Code Enforcement Officer in response to
complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the
terms and conditions of the Special Use Permit and this Local Law and shall include an evaluation of

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 any complaints received by the Town. A non-compliant WECS shall be shut down immediately if it
exceeds any of the limits in § 9-4 of this Local Law. The applicant shall have 90 days after written
notice from the Code Enforcement Officer, to cure any deficiency. An extension of the 90-day period
may be considered by the Code Enforcement Officer, but the total period may not exceed 180 days.

2. Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable
maintenance and repair outages. Operational condition includes meeting all noise requirements and
other permit conditions. Should a WECS become inoperable, or should any part of the WECS be
damaged, or should a WECS violate a permit condition, it shall be shut down immediately. The owner,
or operator shall remedy the situation within 90 days after written notice from the Code Enforcement
Officer. The applicant shall have 90 days after written notice from the Code Enforcement Officer, to
cure any deficiency. An extension of the 90-day period may be considered by the Code Enforcement
Officer, but the total period may not exceed 180 days.

3. Notwithstanding any other abatement provision under this Local Law, and consistent with §11 and §12,
if the WECS is not repaired or made operational or brought into permit compliance after said notice, the
Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard
and present evidence, including a plan to come into compliance, (1) order either remedial action within a
particular timeframe, or (2) order revocation of the Wind Energy Permit for the WECS and require the
removal of the WECS within 90 days. If the WECS is not removed, the Variance and Project Oversight
Board (VPOB) shall have the right to use the security posted as part of the Decommission Plan to
remove the WECS.

§ 11. Variance and Project Oversight Board (VPOB)

The Variance and Project Oversight Board (VPOB) is hereby established and granted the power to vary or
modify the strict application of the requirements contained in this Law pursuant to the provisions for granting a
variance as stated in this law, together with the other powers and duties enumerated in this Section. In no event
shall the Variance and Project Oversight Board (VPOB) have the authority to issue a use variance to permit the
location of a WECS in an area outside of the Wind Overlay District as established under this Law or in any area
where a WECS is prohibited by local zoning regulations. The VPOB shall keep with the spirit and intent of this
local law in their determinations and shall specify, in its findings, the reasoning behind such determinations.

1. Variance and Project Oversight Board:

a. Creation of Variance and Project Oversight Board (VPOB)

i. The VPOB shall consist of five members appointed by the Town Board upon receipt of
an application for a Wind Energy Facility Permit. The members shall be appointed to
five-year terms, with the initial appointments being staggered for one to five year terms
and one vacancy filled each subsequent year.
ii. Board members must be Non-Participants. Any member becoming a Participant must
immediately resign from the board. The Town Board shall fill the resulting vacancy
within 60 days, and the new member appointed shall complete the resigning member's
term.
iii. Town Board members are disqualified from serving on the VPOB.
iv. Members must meet all applicable ethics/conflict of interest requirements

b. Duties of the Variance and Project Oversight Board (VPOB)

i. Grant variances under the criteria provided in this law.

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 ii. Administer permit fees and use of escrow funds.
iii. Solicit, evaluate, retain, administer, manage, and terminate all professional, advisory
and/or consultant of any nature required to evaluate, supervise, process, analyze,
advocate for or provide any other service deemed necessary to support any and all aspects
of a Wind Energy Facility project in the Town of Redfield. The Town Board must
approve all contracts that exceed six months in term and/or exceed $1000 in value.
iv. Supervise enforcement of the provisions of this law and any permit issued hereunder.
v. Monitor safety precautions and any other operations or administration of a Wind Energy
Facility. Specific examples of areas to monitor include ongoing evaluation of
environmental impact, ongoing evaluation of geological impact, project construction,
roads and traffic, and sound compliance.
vi. Investigate complaints and if violations of this law or the permit are found, issue Orders
to Remedy and for failure to remedy recommend prosecution under §13 of this Local
Law or permit revocation under §10 of this Local Law, or both.
vii. Administer decommissioning program.
viii. Evaluate and recommend to the Town Board any insurance requirements and risk
mitigation actions.
ix. Evaluate project ownership changes in order to make recommendations to the Town
Board.
x. Maintain ongoing assessment and make appropriate recommendations to the Town Board
on the Wind Energy Facility's impact on the town to include, but not be limited to, health
related issues, changes in the existing condition of the aquifer, and any other broad
impact issues.
xi. Provide any and all other support to the Town Board as requested regarding the Wind
Energy Facility.
xii. Develop and present an annual report to the Town Board on the status of the Wind
Energy Facility.

2. Upon specific request from the applicant, the VPOB shall have the power to grant a variance after taking
into consideration the benefit to the applicant if the variance is granted as weighed against the detriment
to the health, safety and welfare of the neighborhood or community by such grant. In making such
determination, the VPOB shall consider:

a. Whether an undesirable change would be produced in the character of the neighborhood or the
granting of the variance would create a detriment to nearby properties.
b. Whether the benefit sought by the applicant can be achieved by some method feasible for the
applicant to pursue other than a variance.
c. Whether the requested variance is substantial.
d. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
e. Whether the alleged difficulty was self-created, which consideration shall be relevant to the
decision of the VPOB, but shall not necessarily preclude the granting of the variance.

3. All actions of the VPOB shall be made by a majority vote of such Board at a meeting thereof held
pursuant to the provisions of the Open Meetings Law contained in the New York Public Officers' law. It
is recognized that certain actions to be taken by the VPOB pursuant to §11 of this law may require that
such Board meet on an immediate or emergency basis, and in such cases, it is deemed reasonable for
such Board to meet upon call of its chairman and notification provided to each member of such Board
either verbally, electronically or in writing, with the same such notice provided to the news media.

§ 12. Complaint Resolution Process

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1. Any property owner or resident within the Town may register a complaint with the Variance Project
Oversight Board (VPOB) that a Wind Energy Facility is being operated in violation of the permit issued
pursuant to this law, or otherwise in violation of the criteria set forth in this law. Such complaints may
include, but will not be limited to: excessive noise, flicker or shadow affect, Debris Hazard, Impulsive
Sound, change in water quantity or quality, loss of or diminished telephone, television, or radio
reception, interference with a medical device, or the new presence of radon gas. The VPOB shall
investigate the complaint as provided in this section and, where necessary, may engage the services of
an expert to assist in such investigation and provide a report to the VPOB. The cost for such expert
services shall be paid from the Escrow Account established by an applicant for a Wind Energy Facility
as provided in this law. In the event that the VPOB determines that the complaint is valid, and that the
Wind Energy Facility is being operated in violation of its permit or otherwise in violation of the criteria
as set forth in this law, the VPOB shall issue an Order to Remedy to the owner and/or operator of the
Wind Energy Facility, which Order to Remedy shall specify the actions required to be taken by the
owner/operator of the Wind Energy Facility in order to cure the violation, and the time period within
such action must be taken.

2. In the event that the owner/operator of the Wind Energy Facility fails to comply with such Order to
Remedy, the VPOB shall report such failure to the Town Board with a recommendation that the Town
Board proceed with the enforcement provisions contained in §13 of this Local Law, or where
appropriate permit revocation pursuant to the provisions of §10 of this Local Law.

3. If the VPOB determines that the Facility is not being operated in violation of the permit issued under
this law or otherwise in violation of the criteria set forth in this law, the VPOB shall set forth its
findings, which shall be filed with the Town. Clerk and forwarded by registered mail to the complaining
party. The complaining party shall have a right to challenge such determination in a proceeding
commenced pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.

4. The following criteria/process shall apply to the specific areas of complaints as identified below, and
where the complaint falls outside of these specific areas, the VPOB shall investigate and engage the
services of experts as it deems necessary to its investigation:

a. Shadow flicker: Upon the receipt of a written complaint of disturbance due to shadow flicker
filed by a Non-Participant together with a video thereof identifying the particular WECS(s) by
number within the Wind Energy Facility, the VPOB shall notify the owner/operator of the
Facility that such complaint has been received, and that the VPOB shall meet at a date and time
certain to review the complaint. The owner/operator of the Facility may present evidence to the
VPOB to contradict the evidence presented by the complaining party. The VPOB shall meet at
the date and time stated in the notice to review the complaint and the evidence provided
therewith, together with any evidence provided by the owner/operator of the Facility, and shall
make a determination as to the validity of the complaint. In the event the VPOB determines that
the complaint is valid, it will notify the owner/operator of the Facility and order that the
disturbance be mitigated within 48 hours. Mitigation may be accomplished by ceasing operation
of the identified WECS during peak flicker hours or in another manner acceptable to the VPOB
as proposed by the owner/operator of the Facility. In the event that the owner/operator of the
Facility fails to provide the required mitigation as indicated in the order issued by the VPOB, the
VPOB shall render a written report to the Town Board and filed with the Town Clerk with the
recommendation that the Town Board commence enforcement proceedings pursuant to §13 of
the law.

b. Setbacks: Upon receipt of a written complaint filed by a Non-Participant that a setback

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 requirement imposed under the provisions of this law, or specified in the permit issued pursuant
to this law has been violated, the VPOB shall cause such complaint to be investigated and shall
meet to review the results of such investigation. In the event a setback violation is confirmed, the
VPOB shall notify the owner/operator ofthe Facility in writing by personal service or registered
mail of such violation. The notification shall include an order to remedy which shall set forth the
particular method by which such violation may be cured and the time period within which the
same shall be completed. Failure to comply with the Order to Remedy may result in enforcement
pursuant to §13 of this law or the revocation of the permit under §10, or to both such
enforcement and revocation.

c. Noise/sleep interference: Upon receipt of a written complaint filed by a Non-Participant that a

noise disturbance in violation of the provisions of this law and/or the permit issued thereunder is
occurring, together with a recorded time noise log of the specific WECS alleged to be in
violation, the VPOB shall retain an independent acoustic investigator to investigate the
complaint. The fees for such services shall be paid from the Escrow Account established
pursuant to the provisions of this law. Copies of the acoustical investigation report shall be
supplied to the complaining party, the owner/operator of the Facility, and the VPOB. The VPOB
shall meet to review the results of the investigation, and in the event that the investigation
confirms a violation of the noise requirements, the VPOB shall issue an Order to Remedy which
shall require the WECS causing the noise violation to be shut down during normal sleeping
hours as established in this local law. Failure to comply with the Order to Remedy may result in
enforcement pursuant to §13 of this law or the revocation of the permit under §10, or to both
such enforcement and revocation.

d. Electromagnetic-stray voltage: Upon receipt of a written complaint from a Town resident of

electromagnetic interference of stray voltage, the VPOB shall retain the services of an electrical
engineer to conduct a stray voltage or electromagnetic interference investigation with the cost of
such services to be paid from the escrow fund established pursuant to this law. The VPOB shall
meet to review the results of the investigation and, in the event that the complaint is determined
to be valid, the VPOB shall issue an Order to Remedy to the owner/operator of the Facility with
a period of one (1) week to cure the violation. Failure to comply with the Order to Remedy may
result in enforcement pursuant to §13 of this law or the revocation of the permit under §10, or to
both such enforcement and revocation.

e. Contamination of aquifers, ground water, or wells: Upon receipt of a complaint, written or oral,
from a resident of the Town of Hammond that an aquifer, ground water, or well water has been
disturbed by the Wind Energy Facility, the VPOB shall immediately notify the ovraer/operator of
the Facility that such complaint has been received, and the owner/operator shall have 24 hours
from receipt of such notice to verify whether the complaint is due to development impact from
the Facility. If the owner/operator of the Facility determines that the disturbance is not related to
the development and notifies the VPOB thereof, the VPOB may engage the services of a
professional engineer to conduct appropriate and necessary tests and render a report to the VPOB
as to the causation of the disturbance. The expense for such services shall be paid from the
escrow account established pursuant to this law. If the report establishes that the development is
the cause of such impact, the VPOB may order the owner/operator of the Facility to provide
potable water to the affected residents and to file with the VPOB an action report of the proposed
resolution of the disturbance. In the event of verification of toxic contamination to a well, ground
water or aquifer, the owner/operator of the Facility and/or the VPOB shall notify the New York
State Department of Conservation. In the event the incident falls under the jurisdiction of the
NYS DEC, the Town shall defer to the NYS DEC for remediation/action in connection
therewith. In the event the incident is not within the jurisdiction of the NYS DEC, but
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 disturbance or contamination is found, the owner/operator of the Facility shall have five (5) days
from receipt of such findings to correct the disturbance/contamination in a manner satisfactory to
the VPOB. Failure to comply with an order of the VPOB issued hereunder shall subject the
owner/operator of the Facility to the enforcement provisions of §13 of this law or to permit
revocation pursuant to §10, or to both such enforcement and revocation.

§ 13. Enforcement; Penalties and remedies for violations

1. The Town Board shall appoint such Town staff or outside consultants as it may from time to time
determine are necessary to enforce this Local Law.

2. Any person owning, controlling or managing any building, structure or land who shall undertake a Wind
Energy Facility in violation of this Local Law or, operates such facility in noncompliance with the terms
and conditions of any permit issued pursuant to this Local Law, or any order of the VPOB, and any
person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than
$1,000.00 or to imprisonment for a period of not more than 6 months, or to both such fine and
imprisonment. Every such person shall be deemed guilty of a separate offense for each week such
violation shall continue, and in the event such violation involves the failure to comply with operational
restrictions imposed under this Law or pursuant to any permit or approval issued hereunder such as, but
not limited to, noise levels or setback requirements, each WECS within the Wind Energy Facility that is
in violation of such restriction shall constitute a separate and distinct offense for each such restriction
violated. In addition to the criminal penalties imposed hereunder, the Town may institute a civil
proceeding to collect civil penalties in the amount of $1,000.00 for each violation, and each week said
violation continues shall be deemed a separate violation and/or for injunctive relief in connection with
such violation.

3. Special Proceeding: The designated enforcement officer may, with the consent of the Town Board,
institute an action or proceeding available at law to prevent, correct or abate any unlawful construction,
erection, structural alteration, reconstruction, modification and/or use of a Wind Energy Facility, Small
Wind Energy Facility, or Wind Measurement Tower in the Town. This shall be in addition to other
remedies and penalties herein provided or available at law.

In case of any violation or threatened violation of any of the provisions of this local law, including the
terms and conditions imposed by any permit issued pursuant to this local law, 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.

§ 14. Miscellaneous

1. WEF Tax Exemption. The Town reserves the right to opt out of the Tax Exemption provisions of
Real Property Tax Law §487, pursuant to the authority granted by ¶ 8 of that law, or by any other
provision of law. Further, the Town reserves the right to assess any and all parts of the WEF at their
full current market value. That value will be determined by the documented construction cost, less
any applicable depreciation.
2. Enforcement; Penalties and Remedies for Violations
a. The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce and
implement this Local Law.
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 b. Any person owning, controlling or managing any building, structure or land related to a WEF,
shall be legally and financially responsible for any and all violations of this Local Law. Such
violations would include noncompliance with the terms and conditions of the permit herein, or
any order of the enforcement officer. Any person who is responsible for so doing, shall be guilty
of an offense and subject to a fine of not more than $1000 per incident, and/or any other
penalties provided by local, state, or federal law.
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 for each violation, and each week said violation continues shall be deemed a separate
violation. If multiple turbines are in violation, each turbine’s violation shall be considered a
separate offense.
c. In case of any violation (or threatened violation) of any of the provisions of this Local Law,
including the terms and conditions imposed by any permit issued pursuant to this Local Law, in
addition to other remedies and penalties herein provided, the Town may institute any appropriate
legal action or proceeding to prevent such unlawful erection, structural alteration, reconstruction,
operation, moving and/or use, and to restrain, correct or abate such violation, to prevent the
illegal act.

3. Fiscal Responsibility

a. The Town Board may, at its discretion, request the most recent annual audited financial report of
the permittee prepared by a duly licensed Certified Public Accountant, during the review
process. If such report does not exist, the Town Board may, in its sole discretion, require a
suitable alternative to demonstrate the financial responsibility of the applicant and its ability to
comply with the requirements of this Local Law.
b. No transfer of any WEF, or permit, or the sale of more than 30% of the stock of such entity (not
counting sale of shares on a public exchange) shall occur without written acceptance by such
entity of the obligations of the permittee under this Local Law and the terms of the permit. Any
such transfer shall not eliminate the liability of any entity for any act occurring during its
ownership or status as permittee.

§ 15. Applicability

1. The requirements of this Local Law shall apply to all WEFs proposed, operated, modified or
constructed after the effective date of this Local Law.

2. Any Wind Measurement Tower existing on the effective date of this Local Law shall be removed no
later than twenty-six (26) months after said effective date, unless a Special Use Permit for said Wind
Measurement Tower is obtained pursuant to the provisions of this Local Law.

3. In the event that any portion of this Local Law conflicts with other laws or zoning regulations, the
more protective measure shall apply.

§ 16. Effective Date

This Local Law shall be effective upon its filing with the Secretary of State in accordance with the
Municipal Home Rule Law.

§ 17. Severability.
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Should any provision of this Local Law be declared by any Court, administrative body, or board, or any
other government body or board, to be unconstitutional, invalid, preempted, void, or otherwise
inapplicable for any reason, 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, invalid, preempted, void, or
otherwise inapplicable.

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