(a) 
The purpose of this division is to facilitate the siting, installation, and construction of small and medium wind energy conversion units within the City, subject to reasonable restrictions, which will preserve the health and safety of the public, ensure compatibility with surrounding land uses, and provide guidelines in the protection of listed species.
(b) 
The requirements of this division apply within the City where all wind energy conversion units used to generate electricity or perform work that may be connected to a utility grid, serve as an independent source of energy, or serve as a hybrid system.
(c) 
Wind energy units in place prior to the effective date of this Ordinance as amended, are not required to meet the requirements of this division, however, any pre-existing wind energy unit that is not producing energy for a continuous period of six (6) months must meet the requirements of this division prior to recommencing production of energy.
(d) 
Any physical modification to an existing and permitted wind energy unit that materially alters the size, type, power output, or number of wind energy units, or other equipment, requires a permit modification from the City.
(e) 
Accessory use for this division refers to the stipulation that the energy generated by a wind energy unit must be used on-site and any additional energy produced above the total on-site demand can only be sold to an electrical utility that normally provides electrical power to the property.
(f) 
The leasing of land or establishment of wind energy units on land for the commercial sale of wind energy is prohibited within the City limits.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
All required setbacks of this Ordinance are measured from the property line or utility easement, if present and applicable.
(b) 
If an applicant is able to present evidence that the proposed wind energy system has been engineered with a break-point along the tower, the City may determine that the measurement of the length of the longest segment following a break at the break-point can be used in determining the fall radius and setback.
(c) 
All applications for wind energy units as a permitted-by-right use are subject to permit review and the requirements of this division.
(d) 
No wind energy unit may be located in any required front or side setback, or located in front of the front setback of the principal residential, commercial, agricultural, rural, or industrial building on the lot served by the wind energy unit.
(e) 
Vertical Ground Clearance:
The blade tip of any wind energy unit at its lowest point, must have a ground clearance of no less than twelve (12) feet for a vertical axis wind energy unit, and twenty-five (25) feet for a horizontal axis wind energy unit, as measured at the lowest point of the turbine unit for a vertical axis unit, or lowest point of the arc of the blades for a horizontal axis unit.
(f) 
Communication and Electrical Lines:
Each wind energy unit must be set back a minimum distance of one hundred percent (100%) of the total unit height from any right-of-way, or public or private easement where above-ground structures or utility lines exist, or are likely to exist, without proof of the consent of the easement owners.
(g) 
Professional Engineer Certification:
The maximum height of any structurally mounted or freestanding wind energy unit will be dependent upon the results of the structural engineering plans approved by a registered professional engineer in Texas.
(h) 
All Maximum Heights:
Maximum heights for all wind energy units may not exceed the manufacturer’s height recommendations for the unit.
(i) 
Wind energy units are allowed as an accessory use to a building or structure requiring energy only in the Districts listed below and as a permitted-by-right use on platted lots as follows:
(1) 
The following standards apply to the single-family, two-family, secondary and highway business, general business uses in zoning districts R-1 S, R-1, R-2, R-DT, R-TH, B-3, and B-4.
(A) 
One building or structurally mounted unit is permitted for a [every] twenty thousand (20,000) square feet of a building requiring energy, not to exceed a height of fifteen (15) feet above the highest point of the structure, excluding chimneys and steeples, with a fall radius that falls within the property lines, and clears all other structures on-site.
(B) 
In addition to building or structurally mounted units, one small freestanding unit is permitted on any lot originally platted as one (1) acre (43,560 sq. ft.) in size or greater, the total unit height of which may not exceed fifty-five (55) feet above the natural grade, with a fall radius that falls within the property lines.
(2) 
The following standards apply to the manufacturing districts (M-1 and M-2).
(A) 
One building or structurally mounted unit is permitted for every twenty thousand (20,000) square feet of a building requiring energy, not to exceed a height of thirty-five (35) feet above the highest point of the structure, excluding chimneys and steeples, with a fall radius that falls within the property lines and clears all other structures on-site.
(B) 
In addition to building or structurally mounted units, one small freestanding unit is permitted on a platted lot, the total unit height of which may not exceed eighty-five (85) feet above the natural grade, with a fall radius that falls within the property lines and clears all other structures on-site.
(3) 
The following standards apply to the agricultural uses in zoning district A-1:
(A) 
One building or structurally mounted unit is permitted [for every] ten thousand (10,000) square feet of a building requiring energy, not to exceed a height of thirty-five (35) feet above the highest point of the structure, excluding chimneys [and] steeples, with a fall radius that falls within the property lines and clears all other structures on-site.
(B) 
In addition to building or structurally mounted units, two small freestanding units or one medium freestanding unit are permitted on a platted lot with a minimum of five (5) acres (217,800 sq. ft.), the total unit height of which may not exceed eighty-five (85) feet above the natural grade, with a fall radius that falls within the property lines and clears all other structures on-site.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
The following wind energy units are prohibited in all zoning districts:
(1) 
Guyed or latticed towers for small or medium wind energy units;
(2) 
Experimental, home-built, prototype models, or any model not listed on the City’s list of approved manufacturers and models.
(b) 
Signal Interference
(1) 
Prevention:
The manufacturer or wind energy unit representative must take into consideration the proposed location of the wind energy unit and certify that the siting of the wind energy unit will not interfere with any of the following:
(A) 
Existing microwave communications links.
(B) 
Existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, wireless phone, or other personal communication systems.
(C) 
Military or civil navigational or defense radar signals.
(2) 
Military Base Facilities:
Wind energy units are prohibited in areas deemed critical as navigational and defense radar sensitive areas by any military facility or installation.
(3) 
Mitigation:
Operation of wind energy units must be discontinued if such interference occurs after the construction, until such time as the interference is mitigated or eliminated.
(c) 
Sound Emissions
(1) 
Sound Levels:
The sound levels emitted by all wind energy units at all the neighboring property lines may not exceed the sound levels, or be in violation of, any of the standards established under SECTION 570.2.
(2) 
Sound Level Complaints:
All noise nuisance complaints will be processed by the City in accordance with the standards and requirements established under SECTION 570.2 and may require the owner of the wind energy unit to cease operation of the unit until the complaint has been resolved and the unit has been brought into compliance.
(d) 
Security
(1) 
Ground Clearance:
The bottom of a freestanding tower or mounting structure, measured from ground level to fifteen (15) feet above ground level, must be designed in a manner to discourage unauthorized climbing.
(2) 
Access:
All access doors to wind turbine towers and electrical equipment must be lockable.
(e) 
Other Properties:
The wind energy unit may not adversely affect the uses of adjoining and adjacent properties.
(f) 
Enforcement
(1) 
Safety:
Any wind energy unit found to be unsafe by the Building Official must be repaired by the owner within sixty (60) days of the Building Official’s notice to meet Federal, State, local and manufacturer safety standards, and the standards of this division.
(2) 
Notice:
If any wind energy unit is not operated for at least a continuous period of six months due to operational difficulties or abandonment, the landowner shall provide the City the reasons for the operational difficulty or abandonment and provide a reasonable timetable for corrective action, or removal of the wind energy unit.
(3) 
Resolution:
If the City Manager deems the timetable for corrective action as unreasonable, City Manager may notify the landowner or operator, to remove the wind energy unit within six months of receipt of such notice.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Certification:
All wind energy units must be approved under an Emerging Technology program, such as the California Energy Commission, IEC, or any other small and medium wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy.
(b) 
Permits and Inspections:
All wind energy units require a Building Permit and Electrical Permit by the City. The Building Permit and Electrical Permit must be issued prior to the mounting, pouring of a concrete pad, or construction and assembly of the wind energy unit. All wind energy units must be inspected by the City’s Building and Electrical Inspectors.
(1) 
An application for approval of a wind energy unit must include plans and specifications sufficient to show that the proposed wind energy unit complies with the standards under this division. An application may not be deemed complete unless it includes the following items:
(A) 
Original signatures are required for the applicant and all co-applicants applying for the Special Use Exception, Building Permit, and Electrical Permit. If the applicant or co-applicant is represented by an agent, the original signature of the property owner authorizing the agent to represent the applicant and/or co-applicant is required.
(B) 
An estimate of the total on-site electrical demands and the approximate generating capacity of the wind energy unit.
(C) 
The name of the certified manufacturer and model proposed for use from the City’s list of certified manufacturers and models.
(D) 
The height of the wind energy unit to be constructed.
(E) 
The phone number and name of a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
(2) 
Site Plan:
Two copies of a site plan submitted for a small or medium wind energy unit submitted on a minimum size of 8-1/2 x 14 sheets, with the requirement that all of the submittal requirements listed under this division are included on additional site plan sheets. The site plan must include the following information:
(A) 
Legal description, including lot and block or metes and bounds, and address of the project site.
(B) 
Adjacent land uses and zoning designations.
(C) 
The locations of all easements, rights-of-way, building, street side, and rear yard setback lines, and locations of all existing buildings, fences, and overhead utility lines on the property.
(D) 
The exact location and orientation of each wind energy unit within the site and the direction of the prevailing winds.
(3) 
System Design Drawings:
Certified and sealed engineered drawings prepared by a professional engineer registered in the State of Texas are required and must include the following information:
(A) 
Engineering design specifications of the wind energy unit, including the tower and supporting structure, base, footings, and the unit components, showing compliance with the City Building Code.
(B) 
Drawings that indicate the total finished wind energy unit heights from the grade level prior to any modifications, including any engineered breakpoints along the tower.
(C) 
The wind survival speed of the entire unit and supporting structure, including turbine, rotor blades, covers, and other components.
(D) 
Data pertaining to the tower or supporting structure’s safety and stability, including any safety results from test facilities.
(E) 
A copy of the manufacturer’s installation instructions.
(F) 
For building or structurally mounted systems, the certified and sealed engineering plans must show how the wind energy unit will be installed on the portions of the building or structure and how the unit is compatible with such building or structure.
(4) 
Written Statements and Additional Documentation:
In addition to the site plan, applications for all wind energy units must include proof of the following in the form of written statements:
(A) 
A statement verifying that any small or medium wind energy conversion unit will be used solely for on-site consumption of electricity and any additional energy produced above the total on-site demand can only be sold to an electrical utility that normally provides electrical power to the property.
(B) 
A statement indicating what safety precautions and emergency plans the applicant proposes to utilize in a storm event greater than Category I, seventy-four (74) mph winds.
(C) 
A statement from any architectural review board, property owners’, or homeowners’ association that the proposed unit complies with association requirements and restrictions, if applicable.
(D) 
A statement that the project site is, or is not, within a protected area surrounding an airport or air installation where air traffic may be a consideration affecting the installation of the unit, if required. (The applicant shall provide evidence of compliance with any applicable aviation regulatory requirements.)
(E) 
Copies of any City, State, Federal, or Military reviews, permits, licenses, biological opinions, environmental assessments, records of decision, memoranda of understanding, exemption, variance, or other authorization or approval related to the proposed wind energy project, if required.
(F) 
Copy of the manufacturer’s scheduled maintenance requirements for the proposed unit.
(G) 
For wind energy units that will be connected to an electrical grid, approved [approval] by the electric utility service provider that serves the proposed site indicating that the applicant has been approved for the installation of a wind energy conversion unit is required.
(c) 
Review Standards:
The applicant’s submittal for a Building Permit and Electrical Permit must demonstrate compliance with the following standards under this section.
(1) 
Public Safety:
The proposed wind energy unit must be designed and operated to protect public safety by measures that include, but are not limited to, the following:
(A) 
The proposed wind energy unit must be designed, constructed, and operated so the public cannot come within close proximity to turbine blades and electrical equipment.
(B) 
The proposed wind energy unit must be designed, sited, constructed, operated, and maintained to prevent the structural failure of the system or blades that could endanger public safety.
(2) 
State, Federal, Military, and Civil Requirements:
The proposed wind energy unit shall be designed, sited, and will operate in compliance with the regulations, codes, statutes, and laws of all local Government, Military, State, and Federal agencies.
(d) 
Survival Wind Speed:
All wind energy units and associated components, including, but not limited to, generator, rotor blades, or other components and covers, must be constructed of materials and be installed to meet or exceed the minimum wind-resistant construction standards of the State Wind Load Factors for the Nolanville area and the City Building Code.
(e) 
Controls and brakes:
All wind energy units must have automatic and manual braking systems that engage at the maximum wind speeds allowable as designated for the type of wind energy unit in order to prevent uncontrolled rotation and excessive pressure on the tower structure, rotor blades, turbine components, and supporting and mounting structures.
(f) 
Maintenance:
The owner and operator of a wind energy unit must maintain the unit to manufacturer standards. All required periodic maintenance must be performed as recommended by the manufacturer.
(g) 
Appearance and Signs:
All wind energy units must maintain a non-reflective finish. Advertising or identification of any kind on wind energy conversion units is prohibited.
(h) 
Wiring and Lighting:
All electrical wires associated with a freestanding wind energy conversion unit must be located on or within the tower or supporting structure in a manner that minimizes their visibility, and must be installed in compliance with the City Electrical Code. All transmission wires must be installed underground and comply with the City Electrical Code. Wind energy units may not be artificially lighted, unless requested or required by the Federal Aviation Administration.
(i) 
Flood Elevations:
All electrical and mechanical equipment associated with a wind energy unit must meet the Base Flood Elevation requirements of the City.
(j) 
Federal Aviation Administration (FAA) Requirements:
All proposed wind energy units are subject to the FAA’s requirements.
(k) 
Naval Air Station (NAS) & Military Bases and Airports:
Wind energy units proposed within military Accident Potential Zones, Air Installation Compatibility Use Zones, or that may interfere with military or civilian Navaid or defense radar systems will require review by the Federal Aviation Administration.
(l) 
State and Federally Protected Species and Wetlands:
All proposed wind energy units are subject to review by State and Federal agencies responsible for the protection of listed species, migratory bird species, wetlands, and State waters. Permit review may require proof of consultation with jurisdictional agencies and additional biological assessments may have to be performed on the proposed site if it is determined by the reviewing agency that protected species are likely to be impacted on the site.
(1) 
Sanctuaries:
Any wind energy unit proposed within one mile from designated bird sanctuaries, preserves, wildlife state or federal parks, or wildlife resource or management areas require consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service and may require mitigation or permitting measures by the applicant.
(2) 
Protected Species:
Any wind energy unit proposed within an area inhabited by a protected species or associated rookeries, leks, breeding, or foraging grounds, requires consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service and may require mitigation or permitting measures by the applicant.
(3) 
Wetlands:
Wind energy units proposed within the boundaries of any jurisdictional wetlands require consultation and review by the Army Corps of Engineers and the Texas General Land Office.
(4) 
Utility Notification:
No wind energy unit that has the ability to be connected to a power grid may be installed until the applicant has provided evidence of compliance with all State laws.
(5) 
Permit Issuance:
The applicant must show consideration of, and proof of compliance with the above agencies if required, prior to receiving a Building Permit, Electrical Permit, or Special Use Exception for the wind energy unit from the City.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Useful Life:
The wind energy unit is presumed to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.
(b) 
Responsibility:
The property owner or operator shall, at its sole expense, complete decommissioning of the wind energy unit within six months from the time it is determined that the wind energy unit has met the end of its useful life.
(c) 
Required Action:
Decommissioning must include removal of the entire wind energy unit, including buildings, cabling, electrical components, and any other associated facilities.
(d) 
Remediation:
Any disturbed earth must be graded and re-seeded.
(Ordinance 6051-12 adopted 5/17/12)