City of Midlothian, TX SECTION 7 ENERGY SYSTEMS

§ 7.01 WIND ENERGY SYSTEMS.

The location, development, and use of wind energy systems on property located within the City shall be in accordance with the provisions of this section except to the extent such regulations are pre-empted by federal or state law or regulation.

a) REGULATIONS AND STANDARDS

1) A building permit shall be required prior to installation or construction of a wind energy system to be located on property within the City, which permit shall be administratively approved upon submission of all information required by Section 7.01.B. and provided the wind energy system complies with the following:

i) Only a wind energy system that is designed and used to supplant in all or in part electric service that would otherwise be provided to a primary structure located on the same property by a retail electric provider may be located on a platted lot or tract of land.

ii) No more than one wind energy system may be located on a lot of any size if:

i. the location of the wind energy system complies with all setback requirements set forth in this Section 7.01; and

ii. a primary structure is constructed on the lot.

iii) A second wind energy system may be located on a lot or tract of land with an area of three (3) or more acres following approval of a Specific Use Permit.

iv) The tower of a wind energy system shall be set back from all property lines and any overhead utility by a minimum distance equal to the overall structure height (i.e., the tower height plus the length of one blade); provided, however, a setback less than the foregoing may be approved following approval of a Specific Use Permit.

v) The maximum height of a wind energy system tower shall be 80 feet (excluding blades), unless a greater height is authorized following approval of a Specific Use Permit.

vi) Notwithstanding anything in this section to the contrary, all wind energy systems shall comply with applicable Federal Aviation Administration (FAA) regulations, including, but limited to, obtaining any required approvals and permits for installations close to airports.

vii) No wind energy system tower may be installed unless such the tower and the methods and means of installation of said tower are in conformance with plans, drawings, and specifications for the tower and foundation that have been prepared by and are signed and sealed by a professional engineer licensed by the State of Texas.

viii) Wind energy systems installed on lots or tracts with an area of less than three (3) acres shall installed in either the side or rear yard of the property.

ix) Only wind energy systems installed with a monopole type structure shall be allowed; provided, however, wind energy systems may be installed with structures other than monopole towers on residential or nonresidential lots with an area of three (3) acres or greater following approval of a Specific Use Permit.

x) Roof-mounted wind energy systems may be installed on a lot of any size following approval of a Specific Use Permit.

xi) No wind energy system may be installed within the 100-year floodplain without the approval of the City Engineer and, where required, the U.S. Army Corps of Engineers, and only in compliance with such conditions as may be required by the City Engineer or the U.S. Army Corps of Engineers to protect the site from damage from potential flooding.

xii) No part of the wind energy system shall be placed in any easement without the approval of the easement holder.

xiii) All wind energy systems shall be equipped with a redundant braking system of both aerodynamic over-speed controls and mechanical brakes.

xiv) Any installation of wind energy systems shall be installed by a factory-approved contractor.

xv) All electrical wires and cables associated with a wind energy system shall be protected by an electrical conduit as approved in the City’s most recently adopted Electrical Code.

xvi) The sound of a wind energy system when in operation shall not exceed 65 decibels (dB), measured at any of the property lines on which the system is located.

xvii) In no case shall any advertising sign be allowed on any wind energy system. One or more clearly visible warning signs that state “Caution,

High Voltage,” shall be placed at the base of the pole, or on the external interconnect box, if installed.

xviii) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

xix) The tower shall be designed and installed with step bolts or a ladder that are not accessible to the public at a height of less than 12 feet from the ground.

xx) A wind energy system tower and generator shall not be artificially lighted except to the minimum extent required by Federal Aviation Administration regulations or FAA-issued permit.

xxi) All wind energy system towers and related components shall remain painted or finished in the neutral color that was originally applied by the manufacturer.

xxii) A wind energy system shall remain operational and be properly maintained at all times except where cessation of operation approved by the City Manager or designee for reasons relating to the sale of a property, performance of routine maintenance, or similar reasons requiring brief periods of inactivity.

xxiii) Every wind energy system shall be inspected by a manufacturer-approved inspector within three (3) years after completion of its initial installation with subsequent inspections every five (5) years thereafter for the purpose of verifying the structural integrity of the pole and associated foundation. The homeowner or inspector shall file each inspection report with the City’s Building Official.

The owner of property on which is located a wind energy system which has been inoperable for not less than six (6) consecutive months shall restore such system to operating condition not later than six (6) months after the date of receipt of written notice to do so from the Building Official. If the owner fails to restore the system to operational status within the required time, the wind turbine shall be removed from the tower not later than ten (10) days after written notice from the Building Official.

b) PERMIT REQUIREMENTS: In addition to such other requirements relating to an application for a building or electrical permit relating to installation and operation of a wind energy system, the application and issuance of a building permit for a wind energy system shall comply with the following:

1) An operational plan must be submitted with the building permit application and shall include the following:

i) A survey of the property on which the system will be installed showing the boundaries of the property, the location of the base of the tower, the dimensioned outline of the tower base, the location of any ground mounted equipment associated with the system, the building setback lines for the property, the distances of the base of the tower and all ground mounted equipment from all property lines and building setback lines, all overhead utilities; the identity and location of all public rights-of-way contiguous to the property, and the location of all other improvements located on the property;

ii) Wind system specifications, including manufacturer and model, rotor diameter, tower height, and tower type,

iii) Plans, drawings, and specification for the system’s tower sealed by a professional engineer licensed by the State of Texas; and

iv) An engineering analysis of the tower including connections to the foundation or other structures showing compliance with the City’s adopted version of the International Building Code and certified by a professional engineer licensed by the State of Texas.

2) All wind energy systems interconnected with an electric transmission/distribution system shall be approved by the owner of such system prior to final inspection.

3) A permit for a wind energy system shall expire if the wind energy system is not installed and operational within six (6) months after the date the permit is issued.

(Ordinance 2013-24, secs. 7.01, 7.02, adopted 7/9/13; Ordinance 2019-20, sec. 2, adopted 4/9/19)

§ 7.02 SOLAR FARMS.

a) 

APPLICABILITY:

The purpose of this Section 7.02 is to provide standards for commercial solar farms consisting of ground-mounted solar photovoltaic panels, either fixed or tracking-type, that capture energy from the sun and convert it directly into electricity. The provisions of this section are based on a ground-mounted photovoltaic facility using a rammed post construction technique and panels that support the flow of rainwater between each module and the growth of vegetation beneath the arrays and limiting the impacts of stormwater runoff. The rammed post construction method allows for minimal disturbance to the existing ground and minimal grading of the site. Based on this assumed solar farm design, the City of Midlothian finds the use to be low intensity with minimal trip generation, low amounts of impervious cover, and zero smoke and odor emission, and thus the use is presumed compatible, subject to conditions, in nonurbanized, low-density areas with other agricultural and scattered industrial uses.

b) SITE DEVELOPMENT STANDARDS: Development and use of a solar farm shall comply with the following:

1) 

Minimum Power Output:

The minimum power output capacity of a commercial solar farm shall be twenty-five (25) megawatts of alternating current (AC) power.

2) 

Lot coverage:

No more than one and a half percent (1.5%) of the gross site area shall be occupied by enclosed buildings and structures.

3) 

Setbacks:

A thirty-foot setback shall be required along the perimeter of the property on which the solar farm is located.

4) 

Height:

i) The maximum height of a solar panel array shall not exceed fifteen (15) feet.

ii) The maximum height for structures located in a switchyard and/or utility company substation area(s) shall not exceed thirty-five (35) feet.

iii) The height of any solar panel array, structure, poles, wiring systems, and other components of the system may exceed the maximum heights set forth in paragraphs i) and ii), above, if approved as part of the Specific Use Permit authorizing development of the solar farm.

5) 

Landscaping and Screening:

A solar farm shall comply with the following landscaping and screening requirements:

i) When the property on which the solar farm is located abuts a public street and/or a property zoned or developed for residential uses, a twenty (20) foot wide landscape buffer shall be installed along the property line(s) adjacent to (i) the abutting residentially zoned or developed property and, (ii) except in areas required for driveways and sidewalks, the public street.

ii) All landscape buffers shall consist of a mixture of trees, shrubs, grass, and other plants selected from the lists of approved plant species set forth in Section 4.5404.

iii) One (1) overstory/large tree shall be planted within the required landscape buffers on centers of not greater than forty (40) linear feet. Which trees, at planting, shall have a trunk measuring not less than four (4) caliper inches in diameter (measured twelve (12) inches above the ground at the base of the tree trunk) and a height of not less than seven (7) feet measured from the top of the root ball.

iv) Required landscape buffer may be located within the 30-foot setback on the property.

v) Any exceptions to this paragraph 5) may be approved as part of a landscape plan set forth in the Specific Use Permit authorizing development of the solar farm.

6) 

Subdivision:

No building permit shall be issued for a solar farm on property that has not been platted in accordance with the Subdivision Ordinance, regardless of whether a subdivision of the property has occurred, or the property could otherwise be developed for other purposes without a subdivision plat being approved for the property.

7) 

Traffic Analysis:

Prior to issuing a building permit, the City may require the applicant for a solar farm to have a traffic impact analysis prepared by an appropriately qualified professional and submitted for review and approval by the City. If such a report indicates there will be a permanent reduction in the level of service on roads or at intersections due to the operation of the solar farm after it is completed and placed in service, the City shall have the authority to impose appropriate conditions to mitigate effects of the solar farm on traffic, such conditions to include entering into a separate development agreement to address the necessary roadway improvements to mitigate the impacts of the development.

8) 

Signs and Lighting:

i) Except as provided in this Section 7.02 or as set forth in the ordinance granting the Specific Use Permit for development and use of property for a solar farm, all signs installed on the property shall be in compliance with the sign regulations applicable to the zoning district in which the property is located, including, but not limited to, the sign regulations set forth in this Zoning Ordinance or within any ordinance affecting the property that establishes a planned development district.

ii) Pole signs, monument/ground signs, and all electronic message centers/electronic signs are prohibited.

iii) At each entrance gate to the solar farm, a permanent sign shall be affixed to the entry gate providing contact information for the owner and/or operator of the solar farm, including one or more emergency contact telephone numbers. Such sign shall be no larger than four (4) feet by five (5) feet.

iv) No lights shall be placed around the perimeter of the solar farm. Lights are permitted at the access gate(s) provided such lights use shielded, down-ward-facing light fixtures that are controlled by photo-cells and motion detectors so the lights turn on only at night and only when they detect motion from a person or vehicle at the entrance gate.

9) 

Wiring:

On-site power lines owned by the operator of the solar farm shall be buried except where connecting to existing overhead utility lines.

10) 

Fencing:

An eight (8) feet tall chainlink security fence with up to three (3) strands of barbed wire shall be required along thirty-foot (30') required setback for the property developed as a solar farm.

11) 

Architectural Design Standards:

The design standards for buildings and structures shall comply with the standards set forth in Section 4.5502 except as set forth in the Specific Use Permit authorizing the development of the solar farm.

12) 

Parking:

The requirements for off-street parking shall be set forth in the Specific Use Permit authorizing the development of the solar farm.

13) 

Other:

The owner/operator of the Solar Farm shall provide to the City of Midlothian a quarterly report showing that they are meeting the minimum power output set forth in Section 7.02 (b.1) and that all panels and equipment are in use and fully operational.

14) 

Termination of Use:

The right to use and develop the property for a solar farm shall expire and terminate without further action or notice from the City to the owner of the property if:

i) A certificate of occupancy for the use of the property for a solar farm has not been granted on or before the third anniversary of the effective date of the ordinance granting the Specific Use Permit authorizing development of the property for a solar farm; or

ii) The property ceases to be used as an operational solar farm for a period of 360 consecutive days except in the case of a fire or windstorm that causes substantial damage or destruction to the facilities and equipment of the solar farm so as to prevent operation of the solar farm, in which case termination of the Specific Use Permit will only occur if operation of the Solar Farm does not recommence on or before the last day of the eighteenth (18th) full calendar month after the date of the fire or windstorm that caused the damage or destruction.

iii) The owner of the property shall remove all solar farm equipment, appurtenances, signage, and security fences not later than one hundred eighty (180) days after the discontinuation of the use the property as a solar farm.

(Ordinance 2019-20, sec. 2, adopted 4/9/19)