[Adopted 3-9-2010 ATM by Art.6]
This Part 3, Small Wind Energy Systems, is enacted in accordance
with RSA 674:62 to 674-66, and the purposes outlined in RSA 672:1,
III-a. The purpose of this Part 3 is for a property owner to accommodate
a single conventional small wind energy system or up to three vertical
axis small wind energy systems in appropriate locations for his or
her personal energy needs and net metering, while protecting the public's
health, safety and welfare. In addition, this Part 3 provides a permitting
process for small wind energy systems to ensure compliance with the
provisions of the requirements and standards established herein.
Applications shall contain a site plan with the following information:
A.
Property lines and physical dimensions of the applicant's property.
B.
Location, dimensions, and types of existing major structures on the
property.
C.
Location of the proposed small wind energy system, foundations, guy
anchors and associated equipment.
D.
Tower foundation blueprints or drawings.
E.
Tower blueprints or drawings.
F.
Setback requirements as outlined in this Part 3.
G.
The right-of-way of any public road that is contiguous with the property.
H.
Any overhead utility lines.
I.
Small wind energy system specifications, including manufacturer,
model, rotor diameter, tower height, tower type, nameplate generation
capacity.
J.
Small wind energy systems that will be connected to the power grid
shall include a copy of the application for interconnection with their
electric utility provider.
K.
Sound level analysis prepared by the wind generator manufacturer
or qualified engineer.
L.
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the New Hampshire State
Building Code.
M.
Evidence of compliance or nonapplicability with Federal Aviation
Administration requirements.
N.
List of abutters to the applicant's property.
A public hearing shall be required in accordance with the minor
site plan review process. Said hearing shall be held by the Technical
Review Committee.
In accordance with RSA 674:66, the Technical Review Committee
shall notify all abutters and the local governing body by certified
mail upon application to construct a small wind energy system. The
Planning and Development Director shall review the application for
regional impacts per RSA 36:55. If the proposal is determined to have
potential regional impacts, the Planning and Development Director
shall follow the procedures set forth in RSA 36:57, IV.
Small wind energy systems and met towers are an accessory use
permitted in all zoning districts where structures of any sort are
allowed. No small wind energy system shall be erected, constructed,
or installed without first receiving a building permit from the Code
Enforcement Officer. A building permit shall be required for any physical
modification to an existing small wind energy system. Met towers that
receive a building permit shall be permitted on a temporary basis
not to exceed three years from the date the building permit was issued.
The Code Enforcement Officer shall evaluate the application
for compliance with the following standards:
A.
B.
Tower. The maximum tower height shall be restricted to 35 feet above
the tree canopy within 300 feet of the small wind energy system. In
no situation shall the tower height exceed 100 feet.
C.
Sound level. The small wind energy system shall not exceed 60 decibels
using the A scale (dBA), as measured at the site property line, except
during short-term events such as severe wind storms and utility outages.
D.
Shadow flicker. Small wind energy systems shall be sited in a manner
that does not result in significant shadow flicker impacts. "Significant
shadow flicker" is defined as more than 30 hours per year on abutting
occupied buildings. The applicant has the burden of proving that the
shadow flicker will not have significant adverse impact on neighboring
or adjacent uses. Potential shadow flicker will be addressed either
through siting or mitigation measures.
E.
Signs. All signs, including flags, streamers and decorative items,
both temporary and permanent, including different colored blades,
are prohibited on the small wind energy system, except for manufacturer
identification or appropriate warning signs.
F.
Code compliance. The small wind energy system shall comply with all
applicable sections of the New Hampshire State Building Code.
G.
Aviation. The small wind energy system shall be built to comply with
all applicable Federal Aviation Administration regulations, including
but not limited to 14 CFR 77, Subpart B, regarding installations close
to airports, and the New Hampshire Aviation regulations, including
but not limited to RSA 422-B and RSA 424.
H.
Visual Impacts: It is inherent that small wind energy systems may
pose some visual impacts dye to the tower height needed to access
wind resources. The purpose of this section is to reduce the visual
impacts, without restricting the owner's access to the optimal wind
resources on the property.
(1)
The applicant shall demonstrate through project site planning
and proposed mitigation that the small wind energy system's visual
impacts will be minimized for surrounding neighbors and the community.
This may include, but not be limited to, information regarding site
selection, wind generator design or appearance, buffering and screening
of ground mounted electrical and control equipment. All electrical
conduits shall be underground, except when the financial costs are
prohibitive.
(2)
The color of the small wind energy system shall either be the
stock color from the manufacturer or painted with a nonreflective,
unobtrusive color that blends in with the surrounding environment.
Approved colors include but are not limited to white, off-white or
gray, and only a single color shall be permitted.
(3)
A small wind energy system shall not be artificially lit unless
such lighting is required by the Federal Aviation Administration (FAA).
If lighting is required, the applicant shall provide a copy of the
FAA determination to establish the required markings and/or lights
for the small wind energy system.
I.
Approved wind generators. The manufacturer and model of the wind
generator to be used in the proposed small wind energy system must
have been approved by the California Energy Commission or the New
York State Energy Research and Development Authority, or a similar
list approved by the State of New Hampshire, if available.
J.
Utility connection. If the proposed small wind energy system is to
be connected to the power grid through net metering, it shall adhere
to RSA 362-A:9 and the Wolfeboro Electric Department net metering
requirements.
K.
Access. The tower shall be designed and installed so as not to provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight feet above the ground. All ground-mounted electrical
and control equipment shall be labeled and secured to prevent unauthorized
access.
L.
Clearing. Clearing of natural vegetation shall be limited to that
which is necessary for the construction, operation and maintenance
of the small wind energy system and as otherwise prescribed by applicable
laws, regulations, and ordinances.
A.
At such time that a small wind energy system is scheduled to be abandoned
or discontinued, the applicant will notify the Code Enforcement Officer
by certified United States mail of the proposed date of abandonment
or discontinuation of operations.
B.
Upon abandonment or discontinuation of use, the owner shall physically
remove the small wind energy system within 90 days from the date of
abandonment or discontinuation of use. This period may be extended
at the request of the owner and at the discretion of the Building
Inspector. "Physically remove" shall include, but not be limited to:
C.
In the event that an applicant fails to give such notice, the system
shall be considered abandoned or discontinued if the system is out-of-service
for a continuous twelve-month period. After the 12 months of inoperability,
the Code Enforcement Officer may issue a notice of abandonment to
the owner of the small wind energy system. The owner shall have the
right to respond to the notice of abandonment within 30 days from
notice receipt date. After review of the information provided by the
owner, the Code Enforcement Officer shall determine if the small wind
energy system has been abandoned. If it is determined that the small
wind energy system has not been abandoned, the Code Enforcement Officer
shall withdraw the notice of abandonment and notify the owner of the
withdrawal.
D.
If the owner fails to respond to the notice of abandonment or if,
after review by the Building Inspector, it is determined that the
small wind energy system has been abandoned or discontinued, the owner
of the small wind energy system shall remove the wind generator and
tower at the owner's sole expense within three months of receipt of
the notice of abandonment. If the owner fails to physically remove
the small wind energy system after the notice of abandonment procedure,
the Code Enforcement Officer may pursue legal action to have the small
wind energy system removed at the owner's expense.
It is unlawful for any person to construct, install, or operate
a small wind energy system that is not in compliance with this Part
3. Small wind energy systems installed prior to the adoption of this
Part 3 are exempt from this Part 3 except when modifications are proposed
to the small wind energy system.
As used in this Part 3, the following terms shall have the meanings
indicated:
Includes the tower, base plate, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment for anemometers and vanes, data loggers, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous wind information or to characterize the wind
resource at a given location. For the purpose of this Part 3, "met
towers" shall refer only to those whose purpose is to analyze the
environmental factors needed to assess the potential to install, construct
or erect a small wind energy system.
Any change to the small wind energy system that materially
alters the size, type or location of the small wind energy system.
Like-kind replacements shall not be construed to be a modification.
The difference between the electricity supplied to a customer
over the electric distribution system and the electricity generated
by the customer's small wind energy system that is fed back into the
electric distribution system over a billing period.
The transmission system, managed by ISO New England, created
to balance the supply and demand of electricity for consumers in New
England.
The visible flicker effect when rotating blades of the wind
generator cast shadows on the ground and nearby structures causing
a repeating pattern of light and shadow.
A wind energy conversion system consisting of a wind generator,
a tower, and associated control or conversion electronics, which has
a rated capacity of 20 kilowatts or less and will be used primarily
for on-site consumption.
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
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The monopole, guyed monopole or lattice structure that supports
a wind generator.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
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The blades and associated mechanical and electrical conversion
components mounted on top of the tower whose purpose is to convert
kinetic energy of the wind into rotational energy used to generate
electricity.
