[Ord. No. 1099-07-08 §1, 7-12-2007]
The following words, terms and phrases, when used in this Chapter,
are hereby defined to mean as follows:
A wind energy conversion system which is intended to produce
electricity for sale to a rate regulated or non-regulated utility
or for use off site.
A wind energy conversion system which has a rated capacity
of one hundred (100) kilowatts or more and which is incidental and
subordinate to a permitted use on the same parcel and which is intended
to produce electricity primarily for use on-site. Such system may
be connected to the electrical grid when a parcel on which the system
is installed also receives electrical power supplied by a utility
company. Excess electrical power generated and not presently needed
for on-site use may be used by the utility company in accordance with
State law or State regulations.
The height above grade of the system, including the generating
unit and the highest vertical extend of any blades or rotors.
The height above grade of the fixed portion of the tower,
excluding the generation unit and attached blades or rotors.
A wind energy conversion system which has a rated capacity
of up to one hundred (100) kilowatts and which is incidental and subordinate
to a permitted use on the same parcel. A system is considered a small
wind energy system only if it supplies electrical power solely for
on-site use, except that when a parcel on which the system is installed
also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the utility company in accordance with State law and
State regulations.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
An aggregation of parts, including the base, tower, generator,
rotor, blades, supports, guy wires and accessory equipment such as
utility interconnect, meters, transfer switches and battery banks,
in such configuration as necessary to convert the power of wind into
mechanical or electrical energy, e.g., wind charger, windmill or wind
turbine.
The component of a wind energy conversion system that transforms
mechanical energy from the wind into electrical energy.
[Ord. No. 1099-07-08 §1, 7-12-2007]
It shall be unlawful to erect or maintain a commercial wind
energy conversion system within the City of Palmyra, Missouri.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
Conditional Use. A wind energy conversion system shall be
allowed only as a conditional accessory use to a permitted principal
or approved conditional principal use.
B.
Permit Required. It shall be unlawful to construct, erect,
install, alter or locate any wind energy conversion system within
the City of Palmyra, Missouri, unless a permit has been obtained as
provided herein. The permit may be denied or revoked any time the
system does not comply with the rules set forth in this Chapter. The
owner or operator of the wind energy system must also obtain any other
permits required by other Federal or State departments prior to erecting
the system.
[Ord. No. 1099-07-08 §1, 7-12-2007]
No more than five (5) dispersed wind energy systems may be placed
on any zoning lot, provided the minimum lot size provided in this
Chapter is met. No more than one (1) small wind energy system may
be placed on any zoning lot.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
Minimum Lot Size. No dispersed wind energy system shall
be erected on a zoning lot smaller than ten (10) acres. If four (4)
dispersed wind energy systems are placed on the lot, the zoning lot
shall measure at least thirteen (13) acres. If five (5) dispersed
wind energy systems are placed on the lot, the zoning lot must measure
at least sixteen (16) acres. No minimum lot size shall apply to small
wind energy conversion systems.
B.
Setbacks. The minimum distance between a wind energy conversion
system and any property line shall be a distance that is equivalent
to one hundred ten percent (110%) of the total system height.
C.
Maximum Tower Height. Tower height shall be measured from
the ground to the top of the tower, excluding the wind turbine generator
and blades. The maximum tower height for dispersed wind energy conversion
systems shall be two hundred (200) feet. The maximum tower height
for small wind energy conversion systems shall be fifty (50) feet.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
No part
of a wind energy conversion system shall be located within or over
drainage, utility or other established easements or on or over property
lines.
B.
A wind
energy conversion system shall not be located in any required setback.
C.
A dispersed
wind energy system shall be located a minimum of one thousand (1,000)
feet from the nearest inhabited residential structure, school, hospital
or place of worship not on property owned or controlled by the owner
or operator of the dispersed wind energy system. A dispersed wind
energy system shall be located at least seven hundred fifty (750)
feet from any public right-of-way.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
The following
standards are required of all small wind energy systems and dispersed
wind energy systems and shall be deemed to be conditions of approval
of every wind energy system:
1.
Color. The wind energy conversion system shall be white
or light gray in color. The surface shall be non-reflective.
2.
Lighting. No lights shall be installed on the tower unless
required to meet FAA regulations.
3.
Signs. One (1) sign limited to four (4) square feet shall
be posted at the base of the tower. The sign shall include a notice
of no trespassing, a warning of high voltage and the phone number
of the property owner or operator to call in case of emergency.
4.
Climbing apparatus. All climbing apparatus shall be located
at least twelve (12) feet above the ground and the tower must be designed
to prevent climbing within the first twelve (12) feet.
5.
Fence. To limit access to the tower, an opaque fence six
(6) feet high with smooth sides to the outside, no more than one (1)
inch gaps and a locking portal shall be placed around the wind energy
conversion system, unless the system is mounted on a rooftop.
6.
Design and maintenance. Facility shall be designed to protect
utility workers and shall be well maintained in an operational condition
that poses no potential safety hazard.
7.
Restriction on use of electricity generated. A wind energy
conversion system shall be used exclusively to supply electrical power
for on-site consumption, except that when a parcel on which a wind
energy conversion system is installed also receives electrical power
supplied by a utility company, excess electrical power generated by
the wind energy system and not presently needed for on-site use may
be used by the utility company in accordance with State law and State
regulations.
8.
Clearance of blade above ground. No portion of the small
wind energy system blade shall extend within twenty (20) feet of the
ground. No portion of a dispersed wind energy system blade shall extend
within fifty (50) feet of the ground. No blades may extend over parking
areas, driveways or sidewalks.
9.
Automatic overspeed controls. All wind energy conversion
systems shall be equipped with manual and automatic overspeed controls
to limit the blade rotation speed to within the design limits of the
small wind energy system.
10.
Noise. Except during short-term events including utility outages and severe wind events, a wind energy conversion system shall be designed, installed and operated so that the noise generated does not violate the provisions of Section 235.090 of the City Code of the City of Palmyra, Missouri, regarding unlawful noise.
11.
Electromagnetic interference. All blades shall be constructed
of a non-metallic substance. No wind energy conversion system shall
be installed in any location where its proximity with existing fixed
broadcast, retransmission or reception antenna for radio, television
or wireless phone or other personal communication systems would produce
electromagnetic interference with signal transmission or reception.
No wind energy conversion system shall be installed in any location
along the major axis of an existing microwave communications link
where its operation is likely to produce electromagnetic interference
in the link's operation. If it is determined that the wind energy
conversion system is causing electromagnetic interference, the operator
shall take the necessary corrective action to eliminate the interference
including relocation or removal of the facilities. A permit granting
a wind energy conversion system may be revoked if electromagnetic
interference from the small wind energy conversion system becomes
evident.
12.
Interconnection. The wind energy conversion system, if interconnected
to a utility system, shall meet the requirements for interconnection
and operation as set forth by the utility and any State regulatory
authority. System owners are required to provide all equipment necessary
to safely connect their system to a utility system.
13.
Wind access easements. The enactment of this Chapter does
not constitute the granting of an easement by the City. The owner
or operator shall provide covenants, easements or similar documentation
to assure sufficient wind to operate the wind energy conversion system
unless adequate accessibility to the wind is provided by the site.
14.
Insurance. The owner or operator of a small wind energy
system must obtain and provide liability insurance in an amount not
less than one hundred thousand dollars ($100,000.00). The owner or
operator of a dispersed wind energy system must obtain and provide
liability insurance in an amount not less than one million dollars
($1,000,000.00). Verification of liability insurance must be provided
before a permit will be issued. Thereafter, the owner or operator
of a wind energy conversion system must annually provide verification
of such insurance on or before the anniversary date of the permit
and from time to time as may be requested by the City.
15.
Removal. If the wind energy conversion system remains non-functional
or inoperative for a continuous period of twelve (12) months, the
system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner or operator shall remove the abandoned system
at their expense. Removal of the system includes the entire structure
including foundations, transmission equipment and fencing from the
property. Non-function or lack of operation may be proven by reports
from the interconnected utility. The owner or operator and successor
shall make available to the City all reports to and from the purchaser
of energy from the small wind energy system, if requested. If removal
of towers and pertinent facilities is required, the City shall notify
the owner or operator. If the City removes a tower and pertinent facilities,
it may sell the salvage to defray the cost of removal.
16.
Right of entrance. By the acceptance of a permit, the owner
or operator grants permission to the City of Palmyra to enter the
property to remove the wind energy conversion system as provided herein
and to assure compliance with other provisions set forth in this Chapter.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
An application
for a wind energy conversion system shall be made to the City Clerk
containing the following information:
1.
A site
plan based on a U.S.G.S. one to twenty-four thousand (1:24,000) scale
topographic map, showing the following:
2.
Drawings
to scale of the structure, including the tower, base, footings and
guy wires, if any. The drawings and any necessary calculations shall
be certified by a licensed engineer as meeting the requirements of
the City of Palmyra Building Code.
3.
Line
drawing of the electrical components in sufficient detail to allow
for a determination that the manner of installation will meet the
City of Palmyra Electrical Code.
4.
Certification
from a licensed engineer that the rotor and overspeed control has
been designed for the proposed use on the proposed site.
5.
Evidence
that the proposed wind energy conversion system model has an operational
history of at least one (1) year.
6.
Evidence
that the applicant has notified the utility that the customer intends
to install an interconnected customer owned generator and that the
generator meets the minimum requirements established by the utility
and all State laws and regulations. Off-grid systems shall be exempt
from this requirement.
7.
Evidence
that the wind energy conversion system does not violate any covenants
of record.
8.
Evidence
that the wind energy conversion system will not violate the City Code
regarding unlawful noise.
9.
An application
fee of two hundred fifty dollars ($250.00) for a small wind energy
system or two thousand five hundred dollars ($2,500.00) for a dispersed
wind energy system.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
In addition to the application requirements set forth in Section 401.080, an application for a dispersed wind energy system shall contain the following information:
1.
The topographic map required by Section 401.080 shall also show the following:
a.
Location
and full dimensions of all buildings within two hundred (200) feet
of the property including exterior dimensions, height and uses on
property.
b.
Location
and dimensions of any other natural or manmade features within two
hundred (200) feet of the property such as trees, ridges, highways,
streets, bridges and underpasses.
2.
Evidence
that the proposed wind energy conversion system will comply with applicable
Federal aviation regulations, including any necessary approvals from
the FAA.
3.
For
dispersed wind energy systems, a site specific electromagnetic compatibility
analysis assessing the impact to existing microwave bands with frequencies
between nine hundred (900) MHz and forty (40) GHz. The report shall
include the following elements:
a.
An
inventory of existing microwave links operating in the nine hundred
(900) MHz to forty (40) GHz range within ten (10) miles of the dispersed
wind energy system.
b.
An
obstruction analysis of these links including the Fresnal zone of
the microwave path.
c.
Any
recommended mitigation actions necessary to ensure that the dispersed
wind energy system will not obstruct the first (1st) Fresnal zone.
d.
An
inventory of licensed television stations in a one hundred fifty (150)
mile radius of the proposed dispersed wind energy system that are
providing programming services to the City of Palmyra.
e.
A
base line measurement of signal strength and picture quality.
f.
Recommended
means of mitigation, avoidance or remedy to minimize or eliminate
signal degradation or interference.
4.
A visual
simulation that includes views of the wind energy conversion system
from a maximum distance of one thousand (1,000) feet from at least
five (5) directions and a simulation of the views of the wind energy
conversion system from all public rights-of-way within seven hundred
fifty (750) feet.
[Ord. No. 1099-07-08 §1, 7-12-2007]
A.
The owner
or operator of a wind energy conversion system, or the owner of the
lot on which a wind energy conversion system is located, shall be
subject to a fine of not less than one hundred dollars ($100.00) and
not more than five hundred dollars ($500.00) for each day that a violation
of the provisions herein occur.
B.
If any
structure is erected, constructed or maintained, or any land is used
in violation of the provisions of this Chapter, the City of Palmyra,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction or
maintenance, to restrain, correct, or abate such violation.
