Cherry Valley Wind Ordinance - narrative for revisions

WIND ENERGY FACILITIES

TOWN OF CHERRY VALLEY

[narrative for revisions]

§4 (5) I have revised grammar.

§5 is revised to conform with section 11 K and L. A new section (b) is added to deal with financial offsets which are the statutory responsibility of the Town Board.

§6 H add “Town Planning Board” and add “be”

§7 Residence – add “human”

Article II: K – added time frame; Q (3) Typo corrected

6. Property values: The report requested was not addressed in the review process how it was intended to be used. Assessments and property values are the concern of the assessor and taxing authority, so the delivery of this documentation to the Town Board (the fiscal body of the Town), is the appropriate place for the property values information.

10. The addition authorizes the Planning Board to identify “cultural resources” rather than only deal with NYSOPRHP.

§11 changes are clarification that the Planning Board is doing the review process and shall require an escrow agreement. The escrow agreement is not an option.

§13 D. phrase added to allow greater safety distance if standards increased during review.

§15 B. (1) added clause enabling Planning Board to vary standards so long as minimum DEC recommendations were met. If future requirements are greater, we do not want to be locked into lesser standards.

§16. correctly identifying Article V

§20 B. clarifying notices as to violation of permit.

§23 Applications for renewal to Planning Board

§26 - Change section to allow Planning Board to determine appropriate size

- Adding authority to require SEQR review

Article V – Waiver

New section added: The statutory responsibility shall remain with the Town Board; i.e., road repair, etc.

Fees – These are taken out of local law and authority given to the Town Board to establish and change the fee structure from time to time.

§30 added “be”

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