[Added 3-10-2009]
This small wind energy systems article 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 article is to accommodate small wind energy
systems in appropriate locations, while protecting the public's health,
safety and welfare. In addition, this article provides a permitting
process for small wind energy systems to ensure compliance with the
provisions of the requirements and standards established herein.
As used in this article, 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 chapter, 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 100 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.
 |
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.
 |
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.
A.
Location. Small wind energy systems and met towers are an accessory
use permitted in all zoning districts where structures of any sort
are allowed. Only one small wind energy system shall be permitted
per lot.
B.
Building permit. A permit for the construction, alteration, enlargement,
moving, demolition or use of a small wind energy system shall not
be issued by the Building Code Official unless it complies with the
provision of this section and/or has been granted a waiver by the
Planning Board for projects located in the Performance Zone or a variance
by the Zoning Board of Adjustment in all other zones. 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.
C.
Application. Applications submitted to the Building Code Official
shall contain a plan stamped by a State of New Hampshire certified
professional engineer and or licensed land surveyor with the following
information:
(1)
Property lines and physical dimensions of the applicant's property.
(2)
Location, dimensions, and types of existing major structures on the
property.
(3)
Location of the proposed small wind energy system, foundations, guy
anchors and associated equipment.
(4)
Tower foundation blueprints or drawings.
(5)
Tower blueprints or drawings.
(6)
Setback requirements as outlined in this chapter.
(7)
The right-of-way of any public road that is contiguous with the property.
(8)
Any overhead utility lines.
(9)
Small wind energy system specifications, including manufacturer,
model, rotor diameter, tower height, tower type, nameplate generation
capacity.
(10)
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.
(11)
Sound level analysis prepared by the wind generator manufacturer or qualified engineer which indicates that the system will be compliant with the sound level required in § 275-96C.
(13)
Evidence of compliance or nonapplicability with Federal Aviation
Administration requirements.
(14)
List of abutters to the applicant's property.
D.
Abutter and regional notification. In accordance with RSA 674:66,
the Building Code Official shall notify all abutters and the local
governing body by certified mail upon application for a building permit
to construct a small wind energy system. The public will be afforded
30 days to submit comments to the Building Code Official prior to
the issuance of the building permit. The Building Code Official shall
review the application for regional impacts per RSA 36:55. If the
proposal is determined to have potential regional impacts, the Building
Code Official shall follow the procedures set forth in RSA 36:57,
IV.
A.
The Building Code Official shall evaluate the application for compliance
with the following standards;
(1)
Setbacks. The setback shall be calculated by multiplying the minimum
setback requirement number by the system height and measured from
the center of the tower base to property line, public roads, or nearest
point on the foundation of an occupied building.
|
Minimum Setback Requirements
| ||||
|---|---|---|---|---|
|
Occupied Buildings on Participating Landowner Property
|
Occupied Buildings on Abutting Property
|
Property Lines of Abutting Property and Utility Lines
|
Public Roads
| |
|
0
|
1.5
|
1.1
|
1.5
| |
(2)
Small wind energy systems must meet all setbacks for principal structures
for the zoning district in which the system is located.
(3)
Guy wires used to support the tower are exempt from the small wind
energy system setback requirements.
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 120 feet.
C.
Sound level. The small wind energy system shall not exceed the noise
limit specified by the New Hampshire Site Evaluation Committee. The
applicant shall be required to prove that the system meets the sound-level
requirement prior to a certificate of occupancy being issued.
[Amended 3-12-2019]
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, 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 Part 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 due 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.
(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.
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 Building Code Official
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
Code Official. "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 Building Code Official 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 Building Code Official 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 Building
Code Official 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 Code Official, 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 Building Code Official 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 article.
Small wind energy systems installed prior to the adoption of this
article are exempt from this article except when modifications are
proposed to the small wind energy system.
Any person who fails to comply with any provision of this article
or a building permit issued pursuant to this article shall be subject
to enforcement and penalties as allowed by New Hampshire Revised Statutes
Annotated Chapter 676:17.
