Zoning for Small- and Medium-Scale Wind Energy: Model Ordinance and Resource Guide
2017
By: Sarah Adams-Schoen, Touro Law Land Use & Sustainable Development Law Institute
https://www.cesa.org/assets/2017-Files/NYSERDA-Touro-Model-Small-Medium-Wind-Ordinance-Resource-Guide.pdf
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This guide provides municipalities in New York with a model ordinance with commentary and additional discussion and resources for planning and regulating wind energy.
The model distinguishes between small- and medium-scale wind energy conversion systems (WECS). It permits small WECS by right as accessory uses in certain zones, subject to use-specific standards (§§E.1 & F.1). Non-conforming small WECS, and those in “designated sensitive areas,” are allowed with a discretionary use permit, subject to use-specific standards (§F.1). It allows medium-scale WECS with a discretionary use permit, subject to use-specific standards (§F.2).
Use-specific standards addressed include lot size, minimum and maximum height, setback, turbine characteristics, tower, noise, monitoring, safety and security, sign, and visual impact standards (§G). Additional discussion follows the ordinance (P.15 et seq.).