Local Energy Tower Rules

Town of Penfield, NY
Energy Tower Regulations

§11-7-12. Energy towers.

No person, firm, or corporation being the owner or occupant of any land or premises within the Town of Penfield, shall use or permit the use of said land or premises for the construction of a tower for energy-deriving purposes without obtaining a special permit and site plan approval therefor as hereinafter provided.

§11-7-13. Exemptions for energy towers.

Specific exemptions from this section are:

1. Preexisting towers.
2. Attached towers the height of which is within the maximum building height prescribed in §4-4.a of the Code of the Town of Penfield [35 feet].

§11-7-14. Limitation of number.

There shall be a limit of one (1) energy-deriving towers per parcel.

§11-7-15. Permit application.

1. All applications for a special permit and site plan approval shall be by written application on forms provided by the Town of Penfield Department of Building & Planning Services.
2. Each application for a special permit and site plan approval shall be accompanied by a complete plan, drawn to scale, showing the location of the tower on site: the location of all structures, power lines or other utility lines within a radius equal to the proposed tower height; dimensions and sizes of the various structural components of the tower's construction; design data which shall indicate the basis of design; and certification by a registered professional engineer or manufacturer's certification that the tower was designed to withstand wind load requirements for structures as set forth in the New York State Uniform Fire Prevention and Building Code.
3. All applications for a special permit and site plan approval for the construction of a tower to be used to derive energy will be referred to the Planning Board. In granting such approvals, the Planning Board may impose other conditions and restrictions deemed necessary for the maintenance and safety of such towers.

§11-7-16. Site plan standards.

Prior to issuance of final site plan approval, the following requirements shall be complied with:

1. Towers shall be located or placed in rear yards.
2. Guy wires and anchors for towers shall not be located closer than one-half (1/2) of the height of the tower to any property line.
3. Energy-deriving towers shall be so placed that the base portion of the tower, if visible from any right-of-way, shall be suitably screened from view.

§11-7-17. Noise level.

Energy-deriving towers shall not produce a level of noise at any lot line greater than the ambient nighttime level. Noise reduction technology shall be installed as a condition of approval if it is determined by the Planning Board that the ambient nighttime noise levels are exceeded after installation occurs.

§11-7-18. Height limitations.

Towers used solely for energy-deriving purposes shall not exceed a total height of one hundred fifty (150) feet from the ground to the top of the tower.