This small wind energy systems ordinance is enacted in accordance
with RSA 674:62 through 674:66, and the purposes outlined in RSA 672:1,
III-a. The purpose of this chapter is to accommodate small wind energy
systems in appropriate locations, while protecting the public's health,
safety and welfare. In addition, this chapter 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 chapter, the following terms shall have the
meanings indicated:
METEOROLOGICAL TOWER (MET TOWER)
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 purposes are to analyze the
environmental factors needed to assess the potential to install, construct
or erect a small wind energy system.
MODIFICATION
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.
NET METERING
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.
POWER GRID
The transmission system, managed by ISO New England, created
to balance the supply and demand of electricity for consumers in New
England.
SHADOW FLICKER
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.
SMALL WIND ENERGY SYSTEM
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.
SYSTEM HEIGHT
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
TOWER
The monopole, guyed monopole or lattice structure that supports
a wind generator.
TOWER HEIGHT
The height above grade of the fixed portion of the tower,
excluding the wind generator.
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.
The Building Inspector shall evaluate the application for compliance
with the following standards:
A. 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.
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Minimum Setback Requirements
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Occupied Buildings on Participating Landowner Property
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Occupied Buildings on Abutting Property
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Property Lines of Abutting Property and Utility Lines
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Public Roads
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0
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1.5
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1.1
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1.5
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(1) Small wind energy systems must meet all setbacks for principal structures
for the zoning district in which the system is located.
(2) Guy wires used to support the tower are exempt from the small wind
energy system setback requirements.
B. Tower. Notwithstanding the structure height restrictions prescribed in Chapter
190, Zoning, of the Conway Code, 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 135 feet.
C. Sound level. The small wind energy system shall not exceed 55 decibels
using the A scale (dBA), as measured at the site property line, except
during short-term events such as severe wind storms and utility outages.
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 Ch. 422-b and RSA Ch. 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 subsection 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.
It is unlawful for any person to construct, install, or operate
a small wind energy system that is not in compliance with this chapter.
Small wind energy systems installed prior to the adoption of this
chapter are exempt from this chapter except when modifications are
proposed to the small wind energy system.
Any person who fails to comply with any provision of this chapter
or a building permit issued pursuant to this chapter shall be subject
to enforcement and penalties as allowed by RSA 676:17.