Zoning for Wind Energy Systems is rapidly becoming a difficult, almost impossible, task. Local officials are trying to create guidelines with very little information. Wind developers are happy to help -- but will they put the residents' interests first?
One fact is very clear - areas targeted for wind energy systems must have their zoning very carefully written. Developers are often backed by large corporations with high-profile attorneys. They will do only that which is necessary. Even NYSERDA recommends that zoning cover all possible contingencies.
These guidelines are intended to help local officials in creating their ordinances. The pages within represent many hours of carefully sifting through information, separating fact from fiction, and condensing it down into a set of zoning recommendations.
Townships, Villages and Counties of New York State should legally be able use all of the wording contained within. Other states may vary. By all means, use them!
Disclaimer: we are not lawyers. Please have your attorney review all paperwork prior to your motion to accept.
This law provides for the consideration of applications for site permits for Commercial Wind Energy Conversion Systems. This law is designed to provide adequate and appropriate sites to situate Commercial Wind Energy Conversion Systems within the township to promote the township's economy and to protect public health and general welfare in accordance with its comprehensive use plan. The general goals include, among others, the following specific purposes:
1) To provide, as far as possible, that space will be available for use by Commercial Wind Energy Conversion Systems and related activities, and to protect residents by separating them from permitted activities and by prohibiting the use of such space from new residential development.
2) To encourage and accommodate facilities which are free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, and other objectionable influences, by permitting such development in areas where this chapter restricts the emission of such nuisances without regard to the specific products or processes involved.
3) To protect adjacent residential and agricultural areas and to protect the residents and other public uses of adjacent properties by restricting Commercial Wind Energy Conversion Systems in the emission of nuisances noted under (2).
4) To promote the most desirable use of land and direction of development in accordance with a comprehensive plan; to promote stability of Commercial Wind Energy Conversion Systems; to strengthen the economic base of the township; and to protect the character of the district and its peculiar suitability for particular uses; to conserve the value of land and buildings and to protect the township's tax revenues.
The town of X finds that wind energy is an abundant, renewable and nonpulluting energy resource and that a comprehensive local law regulating the development of Wind Energy Conversion Systems is necessary to preserve and protect public health and safety and to allow for the orderly development of land within the town.
As used in this chapter, the following terms have the meanings given to them.
Applicant. Applicant means person or entity filing an application under this Ordinance.
Associated facilities. "Associated facilities" means facilities, equipment, machinery, and other devices necessary to the operation and maintenance of a Commercial Wind Energy Conversion System, including access roads, collector and feeder lines, maintenance buildings and substations.
Board. "Board" means the Town of X Board.
Chair. "Chair" means the individual who is chair of the Board.
Commercial Wind Energy Conversion System. "Commercial Wind Energy Conversion System (CWECS)" means a facility consisting of one or more Wind Energy Conversion Systems with a rated capacity of more than 50 kW; or that is the primary use on the sited parcel. A facility shall be considered commercial if it supplies electrical power primarily for off-site use; or if net revenue is produced by such electrical power.
Construction. "Construction" means to begin or cause to begin as part of a continuous program the placement, assembly, or installation of facilities or equipment or conduct significant site preparation work for installation of facilities or equipment. Entering into binding power purchase contracts or obtaining wind easements from property owners or gathering wind data is not construction.
Draft site permit. "Draft site permit" means a document prepared by the chair that indicates a preliminary decision to issue a site permit with particular terms and conditions.
FAA FAA means the Federal Aviation Administration.
Facility Owner. “Facility Owner” means the entity or entities having an equity interest in the Wind Energy Conversion System, including their respective successors and assigns.
Grounding Conductor. “Grounding conductor” means a conductor that connects the electrical distribution system of an electric provider to a grounding electrode or electrodes.
Local Provenance. "Local provenance" means plants which grow "in the wild" within ten miles to where they are going to be planted.
Meteorological Evaluation Tower. "Meteorological Ealuation Tower (MET)" means a facility consisting of a tower and related wind-measuring devices including data gathering and storage. METs are typically used to measure winds preliminary to construction of a wind energy conversion system.
Native Vegetation. "Native vegetation" means plants of local provenance, where there is little to no possibility that the plants were planted or introduced and originated from somewhere else.
Non-commercial Wind Energy Conversion System. "Non-commercial Wind Energy Conversion System (NWECS)" means a facility to convert wind movement into electricity, with a rated capacity of not more than 50 kW; and that is incidental and subordinate to another use on the same parcel. A facility shall be considered non-commercial only if it supplies electrical power solely for on-site use, except that when a parcel on which a non-commercial WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such electrical power.
Objectionable flow of current. “Objectionable flow of current” means a steady state of load electrical current for 5 seconds or more on a grounding conductor or any other conductor that normally does not carry electric current, except for any temporary flow of electrical fault current that is caused by a phase–to–ground fault condition and that results from the performance of a grounding conductor’s protective functions regarding faults or lightning.
Occupied Building. “Occupied Building” means a residence, school, business, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
Operator. “Operator” means the entity responsible for the day-to-day operation and maintenance of the Wind Energy Conversion System.
Person. “Person” means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
Planning Board. "Planning Board" means the Town of X Planning Board.
Planning Board Chair. "Planning Board Chair" means the individual who is the chair of the Planning Board.
Power Purchase Agreement. “Power purchase agreement” means a legally enforcable agreement between two or more persons where one or more of the signatories agrees to provide electrical power and one or more of the signatories agrees to purchase the power.
Shadow Flicker. "Shadow flicker" results from the position of the sun in relation to the blades of the wind turbine as they rotate. This occurs under certain combinations of geographical position and time of day. The seasonal duration of this effect can be calculated from the geometry of the machine and the latitude of the potential site.
Site Permit. “Site permit” means a document issued by the board authorizing a person or persons to construct a Commercial Wind Energy System under the terms and conditions specified in the document.
Total Height. "Total Height" means the vertical distance from ground level to the tip of a wind turbine blade when the tip is at its highest point.
Wind Energy Conversion System. "Wind Energy Conversion System (WECS)" means a facility consisting of a tower, wind turbine generator with blades, guy wires or other support structures and anchors, access roads, and associated control and conversion equipment to convert wind movement into electricity.
Wind Turbine. "Wind Turbine" means a single facility consisting of a tower, wind turbine generator with blades, guy wires or other support structures and anchors. Wind Energy Conversion Systems (WECSs) may consist of one or more Wind Turbines.
a) CWECS. No person may construct a CWECS without a site permit from the board. No person may commence construction of a CWECS until the board has issued a site permit for the CWECS.
b) NWECS. A site permit from the board is not required to construct an NWECS. Nothing in this chapter precludes a local governmental unit from establishing alternate requirements for the siting and construction of an NWECS.
c) Expansion of existing system. No person may expand an existing CWECS by any amount or expand an NWECS to exceed 50 kW without a site permit from the board. A new project is considered an expansion of an existing WECS if the new WECS is within five miles of any turbine in the existing WECS, both projects are under common ownership, and the new WECS is proposed less than three years after the existing WECS commenced operation. Two WECS are under common ownership if the proposer of the new project, or a principal of the proposer, has an ownership or other financial interest in the existing WECS, although two projects are not under common ownership solely because the same person provided equity financing for both projects.
Applicants shall submit an application and be required to obtain approval from the Town of X before a building permit may be issued for the construction or operation of any WECS in the town.
Site Permit Application shall include, at a minimum, the following items:
Applicant and landowner's name and contact information, including day and evening phone numbers.
All information outlined in these sub-sections:
A decommissioning plan including all components of the CWECS prepared by the applicant and approved by the landowner(s).
That plan shall include at least 1) the anticipated life of the project, 2) the estimated decommissioning costs in US dollars, adjusted for inflation, 3) the method of ensuring that funds will be available for decommissioning and restoration subject to General Requirement, and 4) the anticipated manner in which the project will be decommissioned and the site restored.
A design plan drawn in sufficient detail to show the following shall be submitted for each type of turbine:
- Dimensional representation of the various structural components of the tower construction, including base and footing.
- Mapped location and description of all proposed maintenance and parts storage areas, including oil storage.
- Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.
- Certification by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
- Certification by a registered professional engineer that the tower design is sufficient to withstand seismic requirements for structures within fault areas as established by the New York State Uniform Fire Prevention and Building Code.
- Certification by an electrical engineer or qualified electrical technician or utility, that the electrical system, including all lighting, meets prescribed limits for harmonic distortion outlined by the Institute of Electrical and Electronics Engineers (IEEE) in the 1992 IEEE Standard 519.
DEIS. Applicatins shall be required to prepare and submit a Draft Environmental Impact Statement.
Erosion Control Plan. An erosion control plan, developed in consultation with the Planning Department, should include the seeding of all road cuts or related bare road areas as a result of all construction, demolition and rehabilitation with an appropriate mix of native vegetation of local provenance suited to the area.
Weed Control Plan. A weed control plan addressing prevention and control of all Cornell County Cooperative Extension of Y County identified noxious weeds directly resulting from the CWECS during preparation, construction, operation and demolition/decommissioning.
Agricultural Mitigation Report. An agricultural mitigation plan addressing all guidelines listed in the section on "Agricultural Mitigation." A separate agricultural mitigation report must be submitted for each land parcel impacted.
A site plan drawn in sufficient detail to show the following shall be submitted for each turbine:
- Location of the tower(s) on the site and the all dimensions, including blades, rotor diameter and ground clearance. Unless otherwise specified, all dimensions will be provided in standard US measurements.
- Utility lines, both above and below ground, within a radius equal to 1.65 times the proposed total height of the turbine (1.65 x total height).
- Right-of-ways, including rail, snowmobile, and public access trails, within a radius equal to 1.6 times the proposed total height of the turbine (1.6 x total height).
- Property lot lines and location and dimensions of all existing structures and uses on the site within 1.6 times the total height of the turbine (1.6 x total height).
- Federal, state, county or local parks, recognized historic or heritage sites, state-identified wetlands and New York Audubon's GIS database bird areas within 1.6 times the total height of the turbine (1.6 x total height).
- Mapped or diagrammed location and number of hours per year of shadow flicker or other visual effect of the turbine relating to the level of natural or artificial illumination within 4.5 times the total height of the turbine (4.5 x total height).
- Surrounding land use and all structures within 4.5 times the total height of the turbine (4.5 x total height). Occupied structures shall be so designated, along with their primary use.
Visual simulations shall be submitted in sufficient detail to show the following shall be submitted for each turbine:
- a project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project, to a radius of three miles from the center of the project.
- No fewer than seven, and no more than the number of proposed invdividual wind turbines, plus three color photos, no smaller than four by six (4x6) inches, taken from locations within a one-mile radius from teh site and to be selected by the Planning Board, and computer-enhanced to simulate the appearance of the as-built site facilities as they would appear from these locations.
Viewshed Impact. A visual impact report shall be submitted including the following items:
- A viewshed map and/or cross-section analysis to identify areas with potential views of the project.
- For each cardinal direction, a description of the character and quality of the affected landscape.
- An evaluation of the project's visual impact based on the viewshed mapping and photographic simulations described above.
- Recommended visual mitigation measures (in accordance with DEC Policy DEP-00-2), based on the results of the impact evaluation described above.
Shadow Flicker. Mathematical modeling of the Shadow Flicker potential for all residences located within 1,000 m of the proposed wind farm to assess any potential impacts. The shadow flicker experienced at any dwelling in the surrounding area shall not exceed 3 hours per year as a result of the operation of the wind energy facility. The Application shall indicate how shadow flicker has been calculated and the results of the modeling.
Appropriate bird migration studies shall be submitted. The Application shall solicit input from the New York State Department of Environmental Conservation on such studies.
The Planning Board may require any further information it finds necessary to review the application.
Expiration. A permit issued pursuant to this chapter expires if:
- the WECS is not installed and functioning within two (2) years from the date the permit is issued; or
- the WECS is out of service or otherwise unused for a continuous twelve (12) month period.
Fees. The application for a Special Use Permit for a WECS must be accompanied by the fee required for a Special Use Permit.
The following guidelines shall apply to construction areas for all WECS located in Town X regardless of said area's status as a County adopted, State certified agricultural district. The project sponsor is required to coordinate with Town X and encouraged to coordinate with the New York State Department of Agriculture and Markets to develop an appropriate schedule for milestone inspections to assure that the goals of these guidelines are being met.
Note that specific setback requirements as outlined elsewhere supercede these guidelines.
Siting
Minimize impacts to normal farming operations by locating structures along field edges and in nonagricultural areas where possible.
Locate access roads, which cross agricultural fields, along ridge tops where possible to eliminate the need for cut and fill and reduce the risk of creating drainage problems.
Avoid dividing larger fields into smaller fields, which are more difficult to farm, by locating access roads along the edge of agricultural fields and in nonagricultural areas where possible.
All existing drainage and erosion control structures such as diversions, ditches, and tile lines shall be avoided or appropriate measures taken to maintain the design and effectiveness of the existing structures. Any structures disturbed during construction shall be repaired to as close to original condition as possible, as soon as possible, unless such structures are to be eliminated based on a new design.
Construction
The surface of access roads constructed through agricultural fields shall be level with the adjacent field surface.
Where necessary, culverts and waterbars shall be installed to maintain natural drainage patterns.
All topsoil must be stripped from agricultural areas used for vehicle and equipment traffic and parking. All vehicle and equipment traffic and parking shall be limited to the access road and/or designated work areas such as tower sites and laydown areas. No vehicles or equipment will be allowed outside the work area without prior approval from the landowner and, when applicable, the Town.
Topsoil from work aresas shall be stockpiled separate from other excavated material (rock and/or subsoil). At least 50 feet of temporary workspace is needed along "open-cut" electric cable trenches for proper topsoil segregation. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. Topsoil stockpile areas shall be clearly designated in the field and on the on-site "working set" of construction drawings.
In cropland, hayland and improved pasture, a minimum depth of forty-eight (48) inches of cover will be required for all buried electric cables. In unimproved grazing areas and land permanently devoted to pastures, a minimum depth of thirty-six (36) inches of cover will be required. In areas where the depth of soil over bedrock ranges from zero (0) to forty-eight (48) inches, the electric cables shall be buried entirely below the top of the bedrock or at the depth specified for the particular land use whichever is less. At no time will the depth of cover be less than twenty-four (24) inches below the soil surface.
All excess subsoil and rock shall be removed from the site to a location of Town X's choosing (within town borders).
In pasture areas, work areas will be fenced to prevent livestock access, consistent with landowner agreements.
All pieces of wire, bolts, and other unused metal objects will be picked up and properly disposed of as soon as practical after the unloading and packing of turbine components so that these objects will not be mixed with any topsoil.
Excess concrete will not be buried or left on the surface in active agricultural areas. Concrete trucks will be washed outside of active agricultural areas.
Restoration
Following consturction, all disturbed agricultural areas will be decompacted to a depth of eighteen (18) inches with a deep ripper or heavy-duty chisel plow. In areas where the topsoil was stripped, soil decompaction shall be conducted prior to topsoil replacement. Following decompaction, all rocks four (4) inches and larger in size will be removed from the surface of the subsoil prior to replacement of the topsoil. Subsoil decompaction and topsoil replacement should be avoided after October 1, unless approved on a site-specific basis by the landowner in consultation with Town X. All parties involved should be cognizant that areas restored after October 1 may not obtain sufficient growth to prevent erosion over the winter months. If areas are to be restored after October 1, some provision should be made to restore any eroded areas in the springtime, to establish proper growth.
All access roads will be regraded to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage pattern incorporated into the design.
All restored agricultural areas shall be seeded with native vegetation of local provenance, specified by the landowner, in order to maintain consistency with surrounding areas.
All surface or subsurface drainage structures damaged during construction shall be repaired to as close to preconstruction conditions as possible, unless said structures are to be removed as part of the project design.
Following restoration, all construction debris will be removed from the site.
Two Year Monitoring and Remediation
The Facility Owner will provide a monitoring and remediation period of no less than two (2) years immediately following the completion of initial restoration. The two-year period allows for the effects of climatic cycles such as frost action, precipitation and growing seasons to occur, from which various monitoring determinations can be made. The monitoring and remediation phase will be used to identify any remaining agricultural impacts associated with construction that are in need of mitigation and to implement the follow-up restoration.
General conditions to be monitored include topsoil thickness, relative content of rock and large stones, trench settling, crop production, drainage and repair of severed fences, etc. Impacts will be identified through on-site monitoring of all agricultural areas impacted by construction and through contact with respective farmland operators and the Town.
Topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of topsoil on the affected site. Excessive amounts of rock and oversized stone material will be determined by a visual inspectio of disturbed areas as compared to portions of the same field located outside the construction area. All excess rocks large stones will be removed and disposed of by the Project Operator.
When the subsequent crop productivity within affected areas is less than that of the adjacent unaffected agricultural land, the Project Operator as well as other appropriate parties, will help to determine the appropriate rehabilitation measures to be implemented. Because conditions which require remediation may not be noticeable at or shortly after the completion of construction, the signing of a release form prior to the end of the remediation period will not obviate the Project Owner's responsibility to fully redress all project impacts.
Subsoil compaction shall be tested using an appropriate soil penetromether or other soil compaction measuring device acceptable to the Town. Compaction tests will be made for each soil type identified on the affected agricultural fields. The subsoil compaction test results within the affected area will be compared with those of the adjacent unaffected portion of the farm field / soil unit. Where representative subsoil density of the affected area exceeds the representative subsoil density of the unaffected areas, additonal shattering of the soil profile will be performed using the appropriate equipment. Deep shattering will be applied during periods of relatively low soil moisture to ensure the desired mitigation and to prevent additional subsoil compaction. Oversized stone/rock material which is uplifted to the surface as a result of the deep shattering will be removed.
Within 120 days after the end of each calendar year the WECS operator shall provide the Town of X an annual report including the following information:
Success or failures of weed control practices.
Citizen complaints filed with the owner/operator during that time frame, along with details of any mitigations which were attempted and/or applied.
Number, type and location of all Wind Turbines which have not produced power for a period of at least three months at any point during the calendar year.
Number, type and location of all Wind Turbines which have been removed and/or decommissioned along with the reason for such and current status of the decommissioning process.
Financial Surety for Decommissioning. Applicant will provide adequate financial surety, by means of cash, federal bond or escrow account, for the decommissioning / removal of each Wind Turbine and Associated Facilities which have become functionally or economically obsolete or abandoned wind energy facilities or facilities which prove to have unforeseen significant negative impacts.
Notification of Decommissioning. The township clerk shall be notified within thirty (30) days of any changes in the status of a Wind Turbine, including cessation of use, inability to produce power for a minimum of three months, a change in its ownership, or a change in terms of the underlying lease to the subject property. Changes in the status of a Wind Turbine may be subject to zoning review as determined by the town board.
Underperforming Facilities. Any Wind Turbine that has not produced power for a minimum of six months shall be immediately decommissioned at the expense of the current facility owner/operator, using the financial surety set aside for that purpose.
Restoration Requirements.
See also "Restoration Guidelines" under "Agricultural Mitigation" when decommissioning a turbine in any agricultural area, regardless of said area's status as a certified New York State Agricultural District.
- No WECS, or part thereof, may cause an objectionable flow of current to occur on property owned, leased, or occupied by any other person.
- If an objectionable flow of current is discovered, which is attributable to the WECS, or part thereof, on property owned, leased, or occupied by a person, the holder of the special use permit shall remedy all problems associated with its equipment that cause the objectionable flow of current no later than one (1) year after the objectionable flow of current is discovered.
- Strobe lights are required to incorporate features already developed, such as an RF Choke, to prevent emission of radio frequencies from the strobe light. If the Planning Board determines that additional measures are necessary to verify compliance with the above provisions, they may hire an electrical expert of their choice for such verification and the facility owners shall pay a fee equal to the actual costs incurred by the Town for such verification.
- Each wind turbine tower shall be assigned an address suitable for use by the county 911 emergency system. The address shall be clearly marked at the entrance to the turbine tower facility and visible from at least one-hundred (100) feet. Reflective paint shall be used for night-time visibility.
- Appropriate warning signage shall be placed on wind turbine towers, electrical equipment and WECS entrances.
- All guy wires or cables shall be marked with high-visibility reflective orange sleeves from the ground to a point ten (10) feet above the ground.
- A fence six (6) feet high with a locking portal shall be placed around the facility's transformer equipment, at a minimum distance of three (3) feet from said equipment.
- Wind turbine towers shall not be climbable up to 15 feet above ground level.
- All access doors to wind turbine towers and electrical equipment shall be locked.
- All power transmission / distribution lines within the WECS facilities shall be underground. A minimum depth of forty-eight (48) inches of cover will be required for all buried electric cables, except, in areas where the depth of soil over bedrock ranges from zero (0) to forty-eight (48) inches, the electric cables shall be buried entirely below the top of the bedrock. At no time will the depth of cover be less than twenty-four (24) inches below the soil surface.
- WECS shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
- Blades shall be finished with a surface treatment of low reflectivity to minimize the potential for blade glint.
- All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeedingand excessive pressure on the tower structure, rotor blades and turbine components.
- All wind turbines shall have an automatic shutdown feature in the event of blade icing.
- Prior to issuance of a building permit, the applicant shall provide the town proof of a level of insurance to be determined by the Town Board in consultation with the Town's insurer and attorneys, to cover damage or injury that might result from any failure of a tower or towers, or any other part or parts of the generation and transmission facility as well as accidental contact.
- Any damaged or unused parts shall be removed from the premises within thirty (30) days. All maintenance equipment and spare parts, etc., shall be kept in a fenced, designated storage area. Oil shall be legally disposed of.
- Any WECS, or part thereof, found to be unsafe by the local enforcement officer shall be immmediately shut down. The operator shall have six (6) months to repair the WECS, or part thereof, to meet all safety standards as outlined in this chapter or remove it as outlined under "Cease of Operations / Decomissioning." Should the operator fail to satisfy this requirement, the Town shall remove the unsafe turbine tower(s) using the financial surety set aside for that purpose.
- The minimum distance between the ground and any part of the rotor blade system shall be thirty (30) feet.
- The minimum setback distance between each wind turbine tower and overhead utility lines, roadways, public and utility right-of-ways, and uninhabited structures shall be equal to no less than 1.65 times the sum of the proposed structure height plus the rotor diameter ((1.65 x H) + R).
- The minimum setback distance between each wind turbine tower and all surrounding property lines shall be equal to no less than 1.5 times the sum of the proposed structure height plus the rotor radius ((1.5 x H) + R).
The property line setback requirement may be reduced by the Town Board when it finds that the following circumstances apply: The property line separates two parcels that are both in the Town of Bethany, and the owner of the parcel for which the reduced setback is sought and the owner(s) of the parcel(s) affected by the reduced setback jointly execute and present for recording a development easement satisfactory to the Town in which the reduced setback is consented to, and construction within, and use of, the easement area is appropriately restricted.
- The minimum setback distance between each wind turbine tower and dwellings, active places of business, and structures housing live animals shall be equal to no less than 4.65 times the sum of the proposed structure height plus the rotor radius ((4.65 x H) + R).
The dwelling setback requirement may be reduced by the Town Board when it finds that the following circumstances apply: the owner of the parcel for which the reduced setback is sought executes and presents for recording a development easement satisfactory to the Town in which the reduced setback is consented to, and construction within, and use of, the easement area is appropriately restricted.
No WECS or part thereof shall be installed in any location along the major acix of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.
No WECS or part thereof shall be installed in any location where its proximity with existing fixed broadcast retransmission or reception antenna (including residential reception antenna) for radio, televised, wiereless phone or other personal communications systems would be likely produce electromagnetic interference with signal transmission or reception.
The recipient of the special use permit must correct any unforeseen inferference to the satisfaction of the Planning Board and affected residents within sixty (60) days of any complaint.
If the ownership of the WECS operating under special use permit changes, teh special use permit shall remain in force. All conditions of the special use permit, including bonding, continuing certification requirements, and reporting requirements of the original owner will continue to be obligations of succeeding owners.
The expected change in ownership shall be registered with the Town Clerk prior to execution of said change.