The purpose of this article is to:
A. Facilitate the approval of small wind energy systems;
and
B. Preserve and protect public health and safety without
significantly increasing the cost or decreasing the efficiency of
a small wind energy system.
As used in this article, the following terms
shall have the meanings indicated:
METEOROLOGICAL TOWER (MET TOWER)
The tower, base plate, anchors, guy wires and hardware, anemometers
(wind speed indicators), wind direction vanes, booms to hold equipment,
anemometers and vanes, data logger, 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.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the
rotating blades of a small wind energy system.
SMALL WIND ENERGY SYSTEM
A wind energy system that:
A.
Is used to generate electricity;
B.
Has a rated nameplate capacity of 60 kilowatts
or less; and
C.
Has a total height of 150 feet or less.
TOTAL HEIGHT
For purposes of a small wind energy system, the vertical
distance from ground level to the tip of a wind generator blade when
the tip is at its highest point.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy. This equipment includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries, guy wire or other component used
in the system.
WIND ENERGY SYSTEM OWNER
The individual who owns, or intends to own, the property
upon which the small wind energy system will be operated.
WIND GENERATOR
Blades and associated mechanical and electrical conversion
components mounted on top of the wind tower.
WIND TOWER
The monopole, freestanding, or guyed structure that supports
a wind generator.
A small wind energy system shall be an accessory
use in all zoning districts subject to the following requirements:
A. Setbacks. A wind tower for a small wind energy system
shall be set back a distance equal to its total height plus an additional
20 feet from:
(2)
Any right of ingress or egress by another on
the owner's property;
(3)
Any overhead utility lines;
(5)
Any existing guy wire, anchor, or small wind
energy tower on the property.
B. Access.
(1)
All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
(2)
The wind 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.
C. Electrical wires. All electrical wires associated
with a small wind energy system, other than wires necessary to connect
the wind generator to the wind tower wiring, the wind tower wiring
to the disconnect junction box, and the grounding wires, shall be
located underground.
D. Lighting. A wind tower and generator shall not be
artificially lighted unless such lighting is required by the Federal
Aviation Administration (FAA). Lighting of other parts of the small
wind energy systems, such as appurtenant structures, shall be limited
to that required for safety purposes and shall be reasonably shielded
from abutting properties.
E. Appearance, color, and finish. The wind generator
and wind tower shall remain painted or finished the color or finish
that was originally applied by the manufacturer, unless a different
color is approved by the Planning Board.
F. Signs. All signs, other than the manufacturer's or
installer's identification, appropriate warning signs, or owner identification
on a wind generator, wind tower, building, or other structure associated
with a small wind energy system, visible from any public road are
prohibited.
G. Utility notification and interconnection. Small wind
energy systems that connect to the electric utility shall comply with
the requirements for interconnection and operation as set forth in
the electric utility's service regulations applicable to wind power
generation facilities.
H. Met towers. A met tower shall be permitted under the
same standards, requirements, and procedures as a small wind energy
system.
The owner of the property on which the small
wind energy system is located shall maintain the small wind energy
system in good condition. Maintenance shall include, but not be limited
to, painting, structural repairs, and safety/security measures.
All small wind energy systems shall comply with the limitations contained in Chapter
160 of the Town Code, unless the Planning Board agrees that those provisions shall not be applicable.
Notwithstanding anything contained in the Town
Code, including this chapter, to the contrary, variances to the distance
requirements and other requirements and standards contained in this
article are not permitted.
It is unlawful for any person to construct,
install, or operate a small wind energy system that is not in compliance
with this article or with any condition contained in a building permit
issued pursuant to this article.
All other local laws and ordinances of the Town
inconsistent with the provisions of this article are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this article shall be
in addition to such other local laws or ordinances regulating and
governing the subject matter covered by this article.