[HISTORY: Adopted by the Board of Trustees
of the Village of Fair Haven 12-4-2008 by L.L. No. 3-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 150.
A.
In order to balance the need for clean, renewable
energy resources and the necessity to protect the public health, safety
and welfare of the community, the Village of Fair Haven finds these
regulations are necessary to ensure that wind energy conversion systems
are appropriately designed and safely sited and installed.
B.
This chapter establishes the regulations and criteria
which allow compatible accessory uses to be located within the various
land use districts. Unless otherwise provided, all accessory uses
are subject to the same regulations as the sponsoring primary use.
As used in this chapter, the following terms
shall have the meanings indicated:
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, which has
a rated capacity of not more than five kw and which is intended to
primarily reduce on-site consumption of utility power. A system is
considered a residential 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.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
Residential wind energy systems shall be permitted
use in all zoning classifications where structures of any sort are
allowed, subject to certain requirements as set forth below:
A.
Tower height. The tower height shall not exceed 60
feet, without the permission of the Zoning Board. The height of all
towers in the Village of Fair Haven must also comply with all federal,
state and FAA regulations.
B.
Clearance of blade. No portion of the residential
wind energy system shall extend within 30 feet of the ground. No blades
may extend over parking areas, driveways or sidewalks.
C.
Setback. No part of the wind system structure, including
guy wire anchors, may extend closer than 10 feet to the property boundaries
of the installation site. Setbacks for the system tower shall be no
closer to the property line than the height of the system, provided
that it also complies with any applicable fire setback requirements.
D.
Automatic overspeed controls. All wind energy conversion
systems shall be equipped with manual (electronic or mechanical) and
automatic overspeed controls to limit the blade rotation speed to
within the design limits of the residential wind energy system.
E.
Sound. Residential wind energy systems shall not exceed
65 dBA, as measured at the closest neighboring inhabited dwelling.
The level, however, may be exceeded during short-term events such
as utility outages and/or severe wind storms.
F.
Approved wind turbines. Residential wind turbines
must be approved under an emerging technology program such as the
California Energy Commission, IEC, or any other small wind certification
program recognized by the American Wind Energy Association (AWEA)
or the United States Department of Energy. Noncertified residential
wind turbines must submit a description of the safety features of
the turbine prepared by a licensed professional mechanical engineer.
G.
Compliance with Uniform Building Code. Building permit
applications for residential wind systems shall be accompanied by
standard drawings of the wind turbine structure, including the tower,
base and footings. An engineering analysis of the tower showing compliance
with the Uniform Building Code and certified by a licensed professional
engineer shall also be submitted. This analysis is frequently supplied
by the manufacturer. Wet stamps shall not be required.
H.
Compliance with FAA regulations. Residential wind
energy systems must comply with applicable FAA regulations, including
any necessary approvals for installations close to airports.
I.
Compliance with National Electric Code. Building permit
applications for residential wind energy systems shall be accompanied
by a line drawing of the electrical components in sufficient detail
to allow for a determination that the manner of the installation conforms
to the National Electrical Code. This information is frequently supplied
by the manufacturer.
J.
Utility notification. No residential wind energy system
shall be installed until evidence has been given that the utility
company has been informed of the customer's intent to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
K.
No residential wind energy system shall be erected
or installed over any body of water adjacent to any property within
the Village of Fair Haven.
L.
Residential wind energy systems shall be fenced to
the satisfaction of the Village of Fair Haven which may include:
(1)
A security fence with a lockable gate surrounding
the tower not less than six feet in height.
(2)
No ladder or permanent tower access device shall be
located less than 12 feet from grade level; and/or
(3)
A locked device installed on the tower to preclude
access to the top of the tower.
(4)
If power storage is installed, a locked and vented
storage facility separate from an inhabited building is required.
A windmill or WECS which is not used for 12
successive months shall be deemed abandoned and shall be dismantled
and removed from the property at the expense of the property owner.
Failure to abide by and faithfully comply with this section or with
all conditions that may be attached to the granting of
any building permit shall constitute grounds for the revocation of
the building permit by the Village of Fair Haven.
Any person who violates any provisions of this
chapter shall be guilty of an offense and shall upon conviction be
subject to a fine of not less than $100 or more than $500 for the
first offense. The penalty for second or subsequent offenses shall
be not less than $500 or more than $1,000 or imprisonment for a period
of 15 days or both such fine and imprisonment. Each day such violation
is permitted to continue after notification of violation shall constitute
a separate offense and shall be punishable as such.
