(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)
(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:
(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)
