[Added 10-21-2013]
This article applies to small wind systems no greater than 60
kilowatts of rated nameplate capacity. This article does not apply
to roof-mounted, building-integrated, building-mounted or architectural
wind systems. It covers stand-alone, tower-mounted wind energy systems
on private property within the City of Lewes.
The following definitions shall apply to this article.
The normal, everyday sounds that are generated by community
and vehicular activity.
A unit used to measure the power of a signal such as an electric
signal or sound.
The height of a wind turbine measured from natural grade
to the tip of the blade at its highest point, or blade-tip height.
The maximum rated output of electric power production equipment.
Typically, this output is specified by the manufacturer by means of
a "nameplate" on the equipment itself.
All equipment, machinery and structures utilized in concert
with the conversion of wind to electricity. This includes, but is
not limited to, storage of electrical collection and supply equipment,
transformers, as well as wind turbines that are rated at 60kW capacity
or less.
A device that converts kinetic wind energy into rotational
energy. A wind turbine typically consists of a tower and nacelle body
with two or more blades.
A.
Parcel size. Any self-standing small wind energy system shall be
permitted only on a parcel at least 1/2 acre in size. Parcels may
be combined, but in such case only one wind turbine will be permitted.
Wind turbines attached to structures or roof mounted will be addressed
on a case-by-case basis depending on the structural integrity of the
structure to be determined by a licensed structural engineer. Wind
turbines on residences are discouraged.
B.
Building Inspector issues permit. No small wind energy system shall
be erected, constructed, installed or modified without first obtaining
a building permit from the City Building Official. All such wind energy
systems should be constructed and operated in a manner that minimizes
any adverse visual, safely, and environmental impacts.
(1)
The application for a City building permit for small energy
wind energy systems must be accompanied by manufacturer-supplied drawings
of the wind turbine structure and stamped engineered drawings of the
tower base, footings and foundation as provided by the manufacturer.
(2)
Building permit applications for small wind energy systems shall
be accompanied by a line drawing of the electrical components as supplied
by the manufacturer in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code. In addition, a completely executed interconnection agreement
with the Lewes Board of Public Works must accompany the building permit
application.
(3)
Such permits may also impose reasonable conditions, safeguards,
and limitations on use, and may require the applicant to implement
all reasonable measures to guard against unforeseen adverse impacts
of the small wind energy system, should they occur.
C.
Compliance with laws, ordinances and regulations. The construction
and operation of all such proposed small wind energy systems must
be consistent with all applicable local, state and federal requirements,
including, but not limited to, all applicable safety, construction,
environmental, electrical, community and FAA aviation requirements.
D.
Only one private wind turbine tower per each legal lot shall be allowed.
A.
Setbacks. Each wind turbine shall be set back from the nearest property
line a distance no less than 1.1 times its total height, unless appropriate
easements are secured from adjacent property owners. Each wind turbine
shall be set back from the nearest aboveground public utility lines
a distance no less than 1.1 times its total height, determined from
the existing utility lines.
B.
Tower height. For property lots between 1/2 acre and one acre, the
tower height shall be limited to 65 feet. For lots of one acre or
more, the tower height limit is 80 feet. To prevent harmful wind turbulence
from existing structures, the minimum height of the lowest part of
any horizontal axis wind turbine blade shall be at least 30 feet above
the highest structure or tree within a two-hundred-fifty-foot radius.
Modification of this standard may be made when the applicant demonstrates
that a lower height will not jeopardize the safety of the wind turbine
structure.
C.
Noise. Except during short-term events, including utility outages
and severe wind storms, small wind energy systems facilities shall
be designed, installed and operated so that noise generated by the
system shall not exceed ambient noise levels (exclusive of the development
proposed) by more than six dBA at the nearest property line to any
proposed wind turbine facility. In the event the ambient sound pressure
level exceeds 50 dBA, the standard shall be ambient dBA plus a maximum
of five dBA. Independent certification shall be provided before and
after construction demonstrating compliance with this requirement.
D.
Electrical services. All on-site electrical services associated with
the system shall be installed underground, except "tie-ins" to the
BPW distribution system. Electrical connections must be in accordance
with requirements of the electric tariff of the Lewes Board of Public
Works and its construction standards, rules and regulations.
(1)
The applicant shall minimize or mitigate any interference with
electromagnetic communications, such as radio, telephone or television
signals caused by any wind energy facility.
E.
Speed controls. All private wind energy systems shall be equipped
with manual and/or automatic overspeed control with automatic shut
down above 50 miles per hour. The conformance of rotor and overspeed
control design and fabrication with good engineering practices shall
be certified by the manufacturer.
A.
Appearance, color and finish. The wind generator and tower shall
remain painted or finished in nonreflective finish that was originally
applied by the manufacturer, unless otherwise approved in the building
permit. The system and its components shall blend into the surrounding
landscape to the greatest extent possible. The tower shall not significantly
impair a scenic vista or scenic corridor as described in the Lewes
Scenic Historic Byway plan.
B.
Lighting and signage. Wind turbines shall be lighted only if required by the FAA. Lighting of any other part of the small wind energy system shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from adjacent properties. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility and shall comply with Article VIII of this Chapter 197 of the City Code.
A.
Unauthorized access. Wind turbines or other structures as part of
the small wind energy system shall be designed to prevent unauthorized
access. For example, the tower shall be designed and installed to
not provide step bolts or include a ladder readily accessible to the
public for a minimum of eight feet above the ground.
B.
Controls. All wind turbines shall have an automatic braking, governing
or feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades and turbine
components.
C.
Insurance. Proof of insurance coverage must be provided.
A.
Maintenance. Once built, the owner shall maintain the small wind
energy system in good condition. Maintenance shall include but not
be limited to painting, structural repairs and other prudent measures.
B.
Abandonment and removal. Any small wind energy system that has reached
the end of its useful life or has been abandoned shall be removed
by the owner of the property on which it is located. A small wind
energy system shall be considered abandoned when it fails to operate
for six months. Upon notice by the Building Official, the owner will
have 90 days to provide sufficient evidence that the system either
has not been abandoned or take steps to dismantle the small wind energy
system. If the 90 days elapse with no action by the owner, the City
shall have the authority to enter the property and remove the system
at the owner's expense.
