[HISTORY: Adopted by the Town Council of the Town of Hillsville 7-8-2013. Amendments noted where applicable.]
The purpose of this chapter is to regulate the placement, construction
and modification of small wind energy systems while promoting the
safe, effective and efficient use of small wind energy systems and
not unreasonably interfering with the development of independent renewable
energy sources.
The requirements set forth in this chapter shall govern the
siting of wind energy systems used to generate electricity or perform
work which may be connected to the utility grid pursuant to Virginia's
net metering laws (§ 56-594 of the Code of Virginia, 1950,
as amended), serve as an independent source of energy, or serve in
a hybrid system.
The requirements for siting and construction of all small wind
energy systems regulated by this chapter shall include the following:
A.
Small wind energy towers shall maintain a galvanized steel finish,
unless FAA standards require otherwise, or if the owner is attempting
to conform the wind energy tower to the surrounding environment and
architecture, in which case it may be painted to reduce visual obtrusiveness.
A photo simulation may be required.
B.
Small wind energy systems shall not be artificially lighted unless
required by the Federal Aviation Administration (FAA) or appropriate
authority.
C.
Small wind energy towers shall not have any signs, writing, or pictures
that may be construed as advertising.
D.
Small wind energy systems shall not exceed 60 decibels, as measured
at the closest property line. The level, however, may be exceeded
during short-term events such as severe windstorms.
E.
The applicant shall provide evidence that the proposed height of
the small wind energy system tower does not exceed the height recommended
by the manufacturer or distributor of the system.
F.
The applicant shall provide evidence that the provider of electric
utility service to the site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant intends, and so states on the application, that
the system will not be connected to the electricity grid. This action
shall not construe approval for net metering by the electric utility.
G.
The applicant shall provide information demonstrating that the system
will be used primarily to reduce on-site consumption of electricity.
H.
The wind energy tower height shall not exceed a maximum height of
35 feet.
I.
The minimum distance between the ground and any protruding blades
utilized on a small wind energy system shall be 15 feet, as measured
at the lowest point of the arc of the blades. The supporting wind
energy tower shall also be enclosed with a six-foot-tall fence or
the base of the wind energy tower shall not be climbable for a distance
of 12 feet.
J.
The applicant shall provide proof of adequate liability insurance
for a small wind energy system. Whether or not the applicant is participating
in the net metering program, the applicant shall meet the insurance
coverage requirements set forth in Virginia Administrative Code 20
VAC 5-315-60.
K.
The small wind energy system generators and alternators shall be
constructed so as to prevent the emission of radio and television
signals and shall comply with the provisions of Section 47 of the
Federal Code of Regulations, Part 15 and subsequent revisions governing
said emissions.
A.
The installation of a small wind energy system in Agricultural A-1,
and Industrial District, shall be considered, provided that all requirements
of these standards are met.
B.
Applications shall be permitted by right and be reviewed and considered
for approval by the Zoning Administrator or his designee.
C.
Upon receipt of an application for a small wind energy system the
Town shall send written notification to all adjoining landowners.
A decision on the application shall not be made within 30 days of
the receipt of the application. Applications requiring a special use
permit shall meet all state code requirements for public notification.
A.
Compliance with Uniform Statewide Building Code. Building permit
applications for wind energy systems shall be accompanied by standard
drawings of the wind turbine structure, including the wind energy
tower, base, and footings. An engineering analysis of the wind energy
tower showing compliance with the Uniform Statewide Building Code
and certified by a licensed professional engineer shall also be submitted.
B.
Compliance with FAA regulations. Wind energy systems shall comply
with applicable FAA regulations, including any necessary approvals
for installations close to airports.
C.
Compliance with National Electric Code. Building permit applications
for 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 installation conforms to the National Electrical
Code.
D.
Compliance with regulations governing energy net metering. Wind energy
systems connected to the utility grid shall comply with the Virginia
Administrative Code 20 VAC 5-315, Regulations Governing Net Energy
Metering.
The wind energy system shall be set back a distance at least
equal to 110% of the structure height from all adjacent property lines
and a distance equal to at least 150% of the structure height from
any dwelling inhabited by humans on neighboring property. These setbacks
may be reduced by notarized consent of the owner of the property on
which the requested wind energy system is to be erected and the adjacent
landowner whose property line or dwelling falls within the specified
distance. Additionally, such adjacent landowner must execute a deed
of easement for the benefit of the property on which the wind energy
system is to be erected prohibiting construction of any new structure
on such adjacent property within the specified easement. Wind energy
systems shall meet all setback requirements for primary structures
for the zoning district in which the wind energy system is located
in addition to the requirements set forth above. Additionally, no
portion of the small wind energy system, including guy wire anchors,
may extend closer than 10 feet to the property line.
Any wind energy system found to be unsafe by the building official
shall be repaired by the owner to meet federal, state and local safety
standards or removed within six months. Any wind energy system that
is not operated for a continuous period of 24 months shall be considered
abandoned, and the owner of the system shall remove the turbine within
90 days of receipt of notice from the Town instructing the owner to
remove the abandoned wind energy system.
Should such notice and order fail to result in compliance with
this chapter, the Zoning Administrator shall have the authority to
bring legal action to ensure compliance with the appropriate action
or proceeding. The Zoning Administrator shall have the authority to
initiate criminal or civil proceedings as provided for by the laws
of the commonwealth. The Town shall have the right to contract the
work to be completed to comply with the Town's Code, the cost
of which shall be chargeable to and paid by the owner of said property.
Every charge authorized by this chapter with which the owner of any
such property shall have been assessed and which remains unpaid shall
constitute a lien against such property, and the Treasurer shall file
with the Clerk of the County Circuit Court a statement of the lien
claim. Release of such lien shall be executed by the Treasurer upon
presentation of evidence that the amount of the lien and cost involved
have been paid to the Town.
