A small WECS meeting the requirements of this article may be
installed on any parcel or grouping of parcels which either singly
or in combination is of sufficient size.
All small WECS shall comply with the following standards:
A. A small WECS shall be located on a lot a minimum of two acres in
size, except that in Agricultural Districts there may be up to three
units, maximum, on parcels as long as there are at least two acres
designated for each unit.
B. Only one small WECS (plus, where authorized, a temporary wind measurement tower) per legal lot shall be allowed except as set forth in Subsection
A above. Where there are multiple applicants, their joint lots shall be treated as one lot for purposes of this limitation. No such towers shall be permitted in residential-zoned districts.
C. Small WECS shall be used primarily to reduce the on-site consumption
of utility-provided electricity.
D. Turbine heights shall be limited as follows:
(1)
On parcels between two and five acres: 85 feet or less.
(2)
On parcels of five or more acres: 120 feet or less.
E. The allowed height shall be reduced if necessary to comply with all
applicable Federal Aviation Administration requirements, including
Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of
the Code of Federal Regulations.
F. The maximum allowable nameplate rating is 50 kW.
G. The WECS shall be painted a nonreflective, unobtrusive color that
blends the WECS and its components into surrounding landscape to the
greatest extent possible and shall incorporate nonreflective surfaces
to minimize any visual disruption.
H. The WECS shall be designed and located in such a manner as to minimize
adverse visual impacts from strategic vantage points.
I. Exterior lighting on any structure associated with the WECS shall
not be allowed except that which is specifically required by the Federal
Aviation Administration.
J. All on-site electrical wires associated with the small WECS shall
be installed underground except for tie-ins to a public utility company
and public utility company transmission poles, towers and lines. This
standard may be modified by the Town Board if the project terrain
is determined to be unsuitable due to reasons of excessive grading,
biological impacts, or similar factors.
K. A detailed decommissioning plan shall be provided at the time of
initial application, subject to the approval of the Town Board.
L. The WECS shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a small WECS
is causing harmful interference, the small WECS operator shall promptly
mitigate the harmful interference or cease operation of the small
WECS.
M. At least one sign shall be posted on the small WECS at a height of
five feet, warning of electrical shock or high voltage and harm from
revolving machinery. No brand names, logo or advertising shall be
placed or painted anywhere on the small WECS, except that a manufacturer's
logo may be in an unobtrusive manner.
N. Towers shall be constructed to provide one of the following means
of access control, or other appropriate method of access:
(1)
Tower-climbing apparatus located no closer than 12 feet to the
ground.
(2)
A locked anti-climb device installed on the tower.
(3)
A locked, protective fence at least six feet in height that
encloses the tower.
O. Anchor points for any guy wires for a tower shall be located within
the site that the small WECS is located on and not on or across any
aboveground electric transmission or distribution lines. The point
of attachment for the guy wires shall be enclosed by a fence six feet
high or sheathed in bright orange or yellow covering from three feet
to eight feet above the ground.
P. Construction of on-site access roadways shall be minimized. Temporary
access roads utilized for initial installation shall be regraded and
revegetated to the preexisting natural condition after completion
of installation.
Q. 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 radius of 250 feet. 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.
R. All WECS shall be designed and constructed to be in compliance with
pertinent provisions of the Uniform Fire Protection and Building Code
and the National Electric Code.
S. All small WECS shall be equipped with manual and automatic over-speed
controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by
the manufacturer.
T. No small WECS shall be placed so as to:
(1)
Restrict solar access on an adjoining property.
(2)
Not be in harmony with the orderly development of the Town.
(3)
Imperil the public health and safety.
(4)
Induce vibrations or Infrasound.
(5)
Discourage the development and use of adjacent land and buildings
or impair their value.
A small WECS shall comply with the following standards:
A. Setback requirements. A small WECS shall not be located closer to
a property line than 1 1/2 times the turbine height of the WECS
or 10 times the rotor diameter, whichever is greater.
B. Noise. Except during short-term events, including utility outages
and severe wind storms, a small WECS shall be designed, installed,
and operated so that the sound pressure level (Leq) generated by a
small WECS shall not exceed 45 dBA in daytime hours or 35 dBA at night,
as measured at the nearest off-site residence existing at the time
of approval (including structures under construction at said time),
nor more than 6 dBA greater than either the nighttime or daytime preapplication
background sound level measured in leaf-off conditions for a period
of no less than 24 hours. Measurement of background sound may also
be performed with the turbine turned off and with its blades trimmed
to minimize noise from aerodynamic effects.
A wind energy permit may be renewed for additional periods of
not more than five years each, upon satisfaction of the following
conditions:
A. The applicant submits an application for renewal of a wind energy
permit to the CEO prior to the expiration of any previous permit.
Such application stays the expiration of the previous permit until
the Town Board decision.
C. Decommissioning cost estimates are updated to reflect changes in
the producer price index and the financial security vehicle is adjusted
accordingly.
D. The applicant shall provide written notice of intent to renew the
wind energy permit via registered mail, return receipt, to the owners
of all parcels located wholly or partially within a radius of 1,000
feet of any small WECS and shall publish notice of intent in the Town's
official newspaper.
E. Following receipt of a sufficient application for wind energy permit
renewal, the Town Board shall schedule a public hearing. The applicant
shall provide notice of the public hearing by registered mail, return
receipt, to property owners within 1/2 mile of the small WECS site
and shall publish a notice in the Town's official newspaper,
no less than 10 nor more than 20 days before any hearing; but, where
any hearing is adjourned by the Town Board to hear additional comments,
no further publication or mailing shall be required. The applicant
shall prepare, publish and mail the notice of public hearing prepared
by the Town and shall submit an affidavit of service. The assessment
roll of the Town shall be used to determine mailing addresses.
F. A public hearing is held.
G. Town Board decision. After careful consideration of the application
and the compliance or noncompliance of the applicant with the terms
of the wind energy permit, the Town Board may elect to renew, not
renew or renew with conditions the wind energy permit for a period
of not more than five years. Should the applicant disagree with the
decision of the Town Board, the applicant may petition the Town Board
within 30 days of its decision and, upon request, shall be entitled
to a hearing before the Town Board to be heard and present any evidence
or witnesses as the applicant may desire. Following the hearing, the
Town Board may reconsider the application within 30 days and if the
permit is now renewed or renewed with conditions, shall provide a
written rationale for its decision. Should the wind energy permit
not be renewed, the wind energy facility shall be decommissioned following
the requirements of this chapter.