[HISTORY: Adopted by the Board of Selectmen of the Town of
Conway 4-14-2009. Amendments noted where applicable.[1]]
GENERAL REFERENCES
Building construction — See Ch. 23.
Site plan review — See Ch. 110.
Zoning — See Ch. 190.
[1]
Editor's Note: The Town took action 4-11-2017 ATM by Art.
4 to accept the renumbering of and revisions to this chapter.
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:
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.
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.
Building permit. Small wind energy systems and met towers are an
accessory use permitted in all zoning districts where structures of
any sort are allowed. No small wind energy system shall be erected,
constructed, or installed without first receiving a building permit
from the Building Inspector. A building permit shall be required for
any physical modification to an existing small wind energy system.
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.
B.
Application. Applications submitted to the Building Inspector shall
contain a site plan 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.
(12)
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the New Hampshire State
Building Code.
(13)
Evidence of compliance with or nonapplicability of Federal Aviation
Administration requirements.
(14)
List of abutters to the applicant's property.
C.
Abutter and regional notification. In accordance with RSA 674:66,
the Building Inspector 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. To be considered complete, the building
permit application must be accompanied by a notarized abutters list
prepared not more than five days prior to the submission of the application,
mailing labels for each abutter and notification fees in an amount
set from time to time by the Board of Selectmen. The public will be
afforded 30 days to submit comments to the Building Inspector prior
to the issuance of the building permit. The Building Inspector shall
review the application for regional impacts per RSA 36:55. If the
proposal is determined to have potential regional impacts, the Building
Inspector shall follow the procedures set forth in RSA 36:57, IV.
[Amended 4-11-2017 ATM by Art. 4]
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.
|
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
| |
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.
A.
At such time that a small wind energy system is scheduled to be abandoned
or discontinued, the applicant will notify the Building Inspector
by certified U.S. 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
Inspector. "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 Inspector 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
Inspector 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 Inspector 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 Inspector, 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 Inspector may pursue legal action to have the small wind
energy system removed at the owner's expense, including recovery of
all legal and other expenses incurred by this action.
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.
