is to implement changes to the zoning
local law of the Town of Gorham to address the construction of facilities to convert wind
energy to electricity and the electric transmission and transmission facilities often
associated with commercial scale enterprises. Such facilities are growing in popularity,
as the need for energy sources other than fossil fuels is increasing. At the same time, the
importance of aesthetics of the Canandaigua Lake area is recognized, and must be
protected to ensure the health of tourism industry in the region and the character of the
lake front neighborhoods protected. In addition, this local law strives to establish
standards that will minimize environmental impacts that result from the physical
construction of these facilities, especially commercial scale facilities on prime farm land.

II.

Amend Section 31.10 of the Town Code by adding the following definitions:

WIND ENERGY CONVERSION SYSTEMS OR WECS: Any mechanism designed for the
purpose of converting wind energy into electrical energy. This definition shall include the tower,
monopole, or other structure supporting the mechanism at its final working location. The height
of a WECS shall be considered the vertical distance as measured from the average elevation at
the base of the structure to the tip of the highest point of the structure including all blades when
at their apex position.

WIND FARM A commercial enterprise where one or more WECS are located and attached to
the commercial utility grid for the purpose of generating and selling electric power for off
premises use. The energy created on a wind farm is not intended to be used primarily for
consumption on the premises. Wind Farms shall require rezoning to WFD Wind Farm Zoning
District. Review of Wind Farms shall include all interconnections with the power utility grid,
and all buildings and electrical substation or stations required for such interconnection.
Rezoning a property to WFD shall grandfather compatible uses on the property where a pre-
existing principal use or uses exist, such as agriculture, provided all setback requirements of this
local law are met.

RESIDENTIAL WECS A WECS that is incidental and subordinate to a residential use on a
property and intended to supply electrical power solely for consumption of said residence.
Where such residence is also supplied with electric power by a utility company, excess electrical
power generated by the WECS on site may be sold back to the utility company. The generation
capacity of the WECS shall be roughly equivalent to the expected peak load demand of the
residential use on the property. All Residential WECS shall require a Site Plan Review and
Approval by the Planning Board.


COMMERCIAL WECS A WECS that is incidental and subordinate to a commercial,
industrial, or farm use on the same parcel and supplies electrical power solely for on-site use,
except that when a parcel on which a commercial WECS is installed also receives electrical
power supplied by a utility company. The generation capacity of the WECS shall be roughly Draft: Wednesday June 13, 2007

Page 2
equivalent to the expected peak load demand of the commercial use on the property. All
Commercial WECS shall require a Special Use Permit and Site Plan Review and Approval by
the Planning Board.


III.

Replaced existing paragraph C in Section 31.14 with the following:

C: The following districts shall function as floating zones, meaning requests to have property
rezoned to these designations may be made to the Town Board where uses exist or are proposed
consistent with the requirements of these districts:


PRD Planned Residential Development District

WFD Wind Farm District

IV.

Add a new paragraph G to Section 31.19 (Limited Development Overlay District) of the
Town Code as follows:

G. Prohibited Uses:

1.

Wind Farms: No property shall be considered for rezoning to WFD within the
boundaries of the Limited Development Overlay District.

2.

No Commercial WECS shall be allowed within the boundaries of the Limited
Development Overlay District, except within the AG Agricultural District.

3.

No Residential WECS shall be allowed within the LDO district except in the AG and RR
District.

V.

Amend Section 31.21 (Agricultural District) of the Town Code as follows:

A. Add a new subparagraph 8 to Paragraph C (Accessory Uses) as follows:

8. Residential WECS, provided that the WECS is setback from all property lines,
overhead transmission lines, and residences a distance equal to one and one half times the
maximum height of the WECS above grade, intermittent shadow or flutter shadow is cast
on any adjacent residence shall not exceed an average of 10 minutes a day, and the sound
produced from such equipment is not more than 40 dBA at all property lines. All
Residential WECS shall require a site plan review. The maximum height of a Residential
WECS shall be 100 ft.

B.

Add a new subparagraph 13 to Paragraph D (Uses Permitted with a Special Use Permit) of
the Town Code as follows

13.

Commercial WECS with a height of no more than 200 feet.

C.

Add a new Paragraph F as follows:
Draft: Wednesday June 13, 2007

Page 3
F. Permitted Temporary Use: The construction of a tower for the collection of wind data
in a location of a proposed wind farm. Such temporary use shall be for a period of not
more than 18 months, and shall be subject to Site Plan Review and Approval by the
Planning Board and the issuance of a zoning permit by the zoning officer, and the posting
of a surety in a form acceptable to the town in an amount sufficient to fund the removal
of such tower at the conclusion of the use. The tower shall be setback from all property
lines a distance equal to the maximum height above grade of the tower, including any
appurtenances thereto.

VI.

Add Residential WECS to the list of allowed accessory uses in the Rural Residential
District by adding paragraph 10. to Section 31.25, Paragraph C. as follows:

10. Residential WECS, subject to Site Plan Review and Approval by the Planning Board, with a
maximum height of 100 feet.

VII.

Add Commerical WECS to the list of allowed special uses in the Hamlet Commercial
District by adding a paragraph 2 to Section 31.26, Paragraph C. as follows:

2. Commercial WECS, with a maximum height of 100 feet.

VIII.

Add Residential WECS to the list of allowed accessory uses in the Hamlet Residential
District by adding a paragraph 4 to Section 31.23, Paragraph C. as follows:

10. Residential WECS with a maximum height of 100 feet.

IX.

Add Commerical WECS to the list of allowed special uses in the Industrial District by
adding a paragraph 4 to Section 31.28, Paragraph C. as follows:

4. Commercial WECS, with a maximum height of 200 feet.

X.

Insert new Section 31.33 as follows:

31.33 Wind Farm District

A.
Purpose: To
accommodate
Wind Farms while ensuring that they protect the character and
value of the neighborhood and the quality of life of the residents of the Town.

B. Location: The Town Board can approve rezoning to Wind Farm District (WFD) of
property or a group of properties located in the AG or I districts outside of the boundaries of
the Limited Development Overlay District.
C.
Procedure:




The owner or owners, or their duly appointed representatives, of property shall petition the
Town Board for rezoning to WFD. Such a petition shall be accompanied by a preliminary
site plan to scale showing the number of WECS, the proposed location of all utility
infrastructure and interconnections, maintenance buildings, and means of egress and ingress.
Within ten (10) days of receipt by the Town, such an application shall be forwarded to the Draft: Wednesday June 13, 2007

Page 4
Planning Board for recommendation. The Planning Board shall make a recommendation
within 45 days to the Town Board. After receiving the recommendation of the Planning
Board, the Town Board shall hold a public hearing and render a decision within 45 days.
The town shall notify owners of property within 1 mile of the proposed Wind Farm District
boundary of said public hearing, at the expense of the applicant. All rezonings approved by
the Town Board shall be subject to subsequent Site Plan Review by the Planning Board.
D.

Requirements for Wind Farms: All applications for a rezoning to Wind Farm and the Site
Plan Approval required shall comply with the following:

1.

Lot size: Lots shall be of a sufficient size to ensure:
a.

WECS are setback a sufficient distance from all property lines, overhead
transmission lines and dwellings a distance equal to one and one half times the
maximum height of the WECS.
b.

The resulting sound pressure level generated by the WECS on a wind farm is
equal to or less than 45 dbA at the property line on which the WECS is located.

2.

Transmission facilities: All electrical connections to the local utility company
transmission lines or the transmission grid installed to support the wind farm shall be
constructed underground.

3.

Determination of height: The height of WECS shall be the minimum required for
practical commercial use, up to a maximum of 300 feet. The applicant shall provide a
minimum of one years worth of on site wind data collected from a temporary tower
located on the site of the proposed