The purpose of this article is to oversee the permitting of
wind energy systems in order to preserve and protect the public health
and safety without significantly increasing the cost or decreasing
the efficiency of wind energy systems.
(Ordinance 2014-02 adopted 1/13/14)
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
The American National Standards Institute.
The sound pressure level in decibels. Refers to the “a”
weighted scale defined by ANSI. It is a method for weighting the frequency
spectrum to mimic the human ear.
The unit of measurement used to express the magnitude of
sound pressure and sound intensity.
The individual or entity that intends to own and operate
the wind energy system in accordance with this article and includes
the person or entity that owns the real estate on which the wind energy
system is situated as well as any occupant or person in control or
supervision of the real estate.
The individual or entity that intends to own and operate
the wind energy system in accordance with this article and includes
the person or entity that owns the real estate on which the wind energy
system is situated as well as any occupant or person in control or
supervision of the real estate.
A structure that is designed and used as a residential dwelling
unit, or a nonresidential structure that is regularly occupied to
conduct business or commerce (including agricultural use).
The cross sectional dimension of the circle swept by the
rotating blades.
The average rate at which sound energy is transmitted through
a unit area in a specified direction. The pressure of the sound measured
at a receiver.
The sound pressure mapped to a logarithmic scale and reported
in decibels (dB).
The vertical distance from ground level to the tip of a wind
generator blade when the tip is at its highest point.
The monopole, freestanding, or guyed structure that supports
a wind generator.
A wind energy system designed and built with a primary purpose
to provide electricity to the electric utility grid.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine, a tower and/or
attached apparatus, and associated control or conversion electronics,
and is intended for on-site production and consumption of electricity
to serve the needs of the consumer on site.
(Ordinance 2014-02 adopted 1/13/14)
(a)
Wind
energy systems shall not be erected, constructed, relocated or maintained
in the territorial limits of the city unless a valid permit has first
been issued and the wind energy system is in full compliance with
the provisions of this article, the ordinances of the city, and all
applicable laws and regulations. Wind energy systems shall not be
permitted, erected, constructed or installed on any lot or tract of
property if the setbacks and spacing requirements of this article
are not met.
(b)
A
wind energy system shall be a permitted use in all zoning districts,
subject to the issuance of a permit, and to the following requirements.
(1)
Primary structure required on lot.
A wind energy system
may be erected only after a primary structure has been constructed
on the lot. A wind energy system may not be constructed on a vacant
lot. If an occupied primary structure is removed from a lot or property,
a wind energy system must be removed from said property if a replacement
primary structure is not completed within a period of twelve (12)
months.
(2)
Prohibited locations.
No portion of a wind energy system
or the required setback shall encroach upon or be erected, constructed
or located within any public right-of-way; public or private easement;
or within any front, side or rear property setback area. No part of
a wind energy system may extend beyond the property lines or required
building lines of the lot on which the wind energy system is located
unless the adjacent property is contiguous and maintains the same
owner.
(3)
Required setbacks; platting.
A tower for a wind energy
system shall be set back from the property lines and any overhead
or aboveground public or private utility line, cable or primary structure,
at a distance equal to one hundred and ten percent (110%) of the system
height. No tract of property shall be subdivided, platted or replatted
such that a preexisting wind energy system will fail to meet the foregoing
requirements. Roof mounted systems are prohibited.
(4)
Compliance standards.
(A)
A wind energy system shall be erected and installed according to
the instructions of the system manufacturer and under the seal of
a professional engineer registered in the state. All components of
the system must be in compliance with this article, the ordinances
of the city, and all applicable state and local building codes. All
wind energy systems must meet or exceed current standards and regulations
of the FAA and any other agency of the state or federal government
with the authority to regulate wind energy systems. If such standards
and regulations are changed, and if the controlling state or federal
agency mandates compliances, then the owners of the wind energy system
governed by this ordinance shall bring such wind energy system into
compliance with such revised standards and regulation, unless a different
compliance schedule is mandated by the controlling state or federal
agency.
(B)
The system must have a certificate of compliance from Underwriters
Laboratories, Inc. with the most current standard or UL 1741 standard
for safety for inverters, converters, controllers, and interconnection
system equipment for use with distributed energy resources. All applicable
components of the wind energy system shall meet and comply with the
city’s building codes and electrical code.
(5)
Height limitations.
The system height shall not exceed
seventy (70) feet. Additionally, no tower height shall exceed the
tower height recommended by the manufacturer or the distributor of
the wind energy system. The system height shall provide a minimum
of ten (10) feet of clearance between the rotor diameter and fencing
or other system elements at the base of the tower.
(6)
Control of access.
All wind energy systems shall operate
within an area enclosed by approved fencing that is no less than six
(6) feet in height. All ground mounted electrical and control equipment
shall be labeled or secured to prevent unauthorized access. The above-mentioned
equipment shall be secured by a lockable mechanism. The tower shall
be designed and installed so as to not provide step bolts or a ladder
readily accessible to the public for a minimum height of eight (8)
feet above the ground.
(7)
Electrical wires.
All electrical wires associated with
a wind energy system, other than the wires necessary to connect the
wind generator to the tower wiring, the tower wiring to the disconnect
junction box, and the grounding wires, shall be located underground.
(8)
Sound pressure levels.
Sound pressure levels shall not
exceed a noise level of fifty-five (55) decibels as measured from
the property line closest to the wind energy system.
(9)
Interference.
The owner of a wind energy system shall
mitigate any interference with electromagnetic communications, such
as, but not limited to, radio, telephone, television or broadband
signals caused by the operation of a wind energy system.
(10)
Appearance, color, and finish.
The wind generator and
tower shall remain painted or finished matching the color or finish
that was originally applied by the manufacturer, unless approved in
the wind energy system permit. The color of finish shall be nonreflective
and nonobtrusive.
(11)
Maintenance.
The paint, finish, landscaping, and structural
integrity of a wind energy system and each of its components shall
be maintained at all times. All such systems shall be kept in good
working order. If, upon inspection, the city concludes that a wind
energy system fails to comply with such codes and regulations and/or
constitutes a danger to persons or property, then the city shall order
an immediate cessation of the wind energy system until all violations
and/or safety concerns have been resolved.
(12)
Lighting.
All lights not required by the FAA are prohibited.
When obstruction lighting is required by the FAA, such lighting shall
not exceed the minimum requirements of said agency. A tower structure
may be artificially lighted only with steady-burning red obstruction
lights (FAA type L-810) or flashing red obstruction lights (FAA type
L-864) flashing no faster than 20 flashes per minute. Flashing red
obstruction lights (FAA type L-864) flashing faster than 20 flashes
per minute, medium intensity flashing white obstruction lights (FAA
types L-864/L-865) may be used only when the FAA specifies that the
specific lighting pattern is the only lighting pattern acceptable
to promote aviation safety and refuses an applicant’s request
for authorization to use the lighting required by this article. Upward
lighting, flood light or other lighting not strictly required by the
FAA is prohibited.
(13)
Signage prohibited.
No advertising or signage of any
type, other than the manufacturer’s or installer’s identification,
appropriate warning signs, or owner identification, shall be allowed
or permitted on a wind energy system.
(14)
Limit of one.
No more than one wind energy system shall
be erected, constructed, operated or permitted on any single lot or
tract.
(15)
Transmission to utility grid.
A wind energy system shall
be permitted to transmit energy to the utility grid with the written
permission of the utility company. The amount of energy transmitted
to the utility grid shall not exceed the amount consumed on site.
(c)
Utility
grid wind energy systems are prohibited within the city.
(Ordinance 2014-02 adopted 1/13/14)
(a)
No
person shall erect, construct, maintain or cause to be erected, constructed
or maintained a wind energy system without first having applied for
and been issued a valid permit to do so. A wind energy system permit
shall not be issued unless the requirements of this article and this
section have been met and satisfied.
(b)
Permit
applications shall be submitted on forms furnished by the city and
shall demonstrate full compliance with all applicable state and local
building and electrical codes. A building permit application shall
be accompanied by:
(1)
The appropriate permit fee;
(2)
A survey and legal description of the lot or tract on which the system
is to be erected;
(3)
A site plan showing:
(A)
The location of all proposed elements for the wind energy system
on the subject property including, but not limited to, tower, guy
wires, enclosures, and fencing;
(B)
Distances to property lines, required setbacks, and structures;
(C)
The tract or lot lines, the dimensions of the lot or tract, all building
and setback lines, and the location of the proposed wind energy system;
(D)
The location of existing buildings and structures, overhead utility
lines, and utility easements;
(E)
The location and course of all streets and roadways within and adjacent
to the lot or tract; and
(F)
Natural features on the lot or tract.
(4)
An elevation drawing showing the height of the wind energy system
and other structures;
(5)
A detailed depiction and description of the proposed wind energy
system showing:
(A)
Wind system specifications, including the design and height of the
wind energy system, including the tower, guying, base and footings,
the manufacturer and model, and rotor diameter;
(B)
All components of the system;
(C)
Standard installation drawings of the tower and wind turbine; and
(D)
Tower and tower foundation blueprints or drawings.
(6)
A standard drawing and engineering analysis or report regarding the
system’s tower, and showing compliance with building codes,
certified by a professional engineer registered in the state;
(7)
Proof of compliance with the city’s electrical code, including
by not limited to line drawings of electrical components in sufficient
detail to demonstrate compliance with the electrical code;
(8)
Evidence of notice to utility company; and
(9)
Proof of insurance.
Owners of any wind energy system
must provide a minimum amount of three hundred thousand dollars ($300,000.00)
liability insurance that covers all components of the wind energy
system, and such insurance coverage must be maintained at all times.
Proof of insurance coverage must be provided to the city at the time
application is made for a building permit. The property owner must
provide a letter from the insurance provider stating that the city
will be notified of any changes in insurance coverage. Any lapse of
insurance coverage or a reduction in coverage below the minimum amount
required will result in immediate cessation of the wind energy system
use until all requirements have been met.
(c)
Upon
completion of construction, a wind energy system shall not be operated
or maintained until an inspection by the city determines that the
system meets the requirements of this article.
(Ordinance 2014-02 adopted 1/13/14)
(a)
At
such time as an owner plans to abandon or discontinue, or is required
to discontinue, the operation of a wind energy system, such owner
must notify the city by certified U.S. mail of the proposed date of
abandonment or discontinuation of operations. Such notice shall be
given no less than thirty (30) days prior to abandonment or discontinuation
of operations;
(b)
In
the event that an owner fails to file such notice, the wind energy
system shall be considered abandoned if the wind energy system is
not operated for a continuous period of twelve (12) months, unless
the owner of said wind energy system provides proof of continued maintenance;
(c)
Upon
abandonment or discontinuation of use, the person who operated the
wind energy system or the property owner shall physically remove the
wind energy system within thirty (30) days from the date of abandonment
or discontinuation of use. “Physically remove” shall include,
but not be limited to:
(d)
The
owner of the wind energy system shall pay all site reclamation costs
deemed necessary and reasonable to return the site to its preconstruction
condition;
(e)
If
a party fails to remove a wind energy system in accordance with this
section, the city shall have the authority to enter the subject property
and physically remove the wind energy system. In the event the city
must remove the wind energy system, costs for the removal of the wind
energy system shall be charged to the landowner of record, and city
may place a lien on the property for such costs of removal; and
(f)
Failure
to remove an abandoned wind energy system as required by this section
shall constitute a violation and be subject to the penalties prescribed
herein.
(Ordinance 2014-02 adopted 1/13/14)
(a)
Wind
energy systems that have, due to damage, lack of repair, or other
circumstance, become unstable, lean significantly out-of-plum, or
otherwise present a danger or hazard to the public health or safety,
shall immediately cease operating and be removed or brought into repair
within thirty (30) days of notification from the city, the city may
remove the wind energy system and place a lien upon the property for
the costs of the removal. However, the city may order immediate action
to prevent an imminent threat to public safety or property.
(b)
The
mayor may revoke or suspend a permit for cause or if it is determined
that a wind energy system is not in compliance with the requirements
of this article or other laws or regulations. The owner shall be given
not less than seven (7) days’ notice of suspension or revocation,
which notice shall be presumed received on the expiration of three
days after deposit in the mail properly addressed to the owner at
the address stated in the application, or immediately upon hand delivery
to the owner.
(c)
Upon
expiration of the period set forth in the notice, the operation of
the wind energy system shall cease. If the violation or event of noncompliance
giving rise to the suspension is not corrected, and the suspension
lifted and permit reinstated, within ninety (90) days thereafter,
the wind energy system shall be removed by the owner at the owner’s
sole expense. If a permit is revoked and a new permit is not thereafter
issued within (30) days after the date of revocation, the wind energy
system shall be removed by the owner at the owner’s sole expense.
(d)
The
suspension or revocation of a wind energy system permit may be appealed
by written notice of appeal, filed with the city, within twenty (20)
days after receipt of notice of suspension or revocation. The use
and operation of the wind energy system shall cease upon expiration
of the period set forth in the notice, notwithstanding the pendency
of an appeal. The city council shall have sole and exclusive authority
to hear and decide all such appeals, and the decision of the city
council shall be final and binding.
(Ordinance 2014-02 adopted 1/13/14)
(a)
It
is unlawful for any person to construct, install, maintain or operate
a wind energy system that is not in compliance with this article or
with any condition contained in a wind energy system permit issued
pursuant to this article.
(b)
It
is unlawful for any person to violate any condition, notice or order
directed to the owner regarding the discontinuance or removal of a
wind energy system or component thereof.
(c)
Any
owner, person, firm or association violating any of the provisions
of this article shall be deemed guilty of a misdemeanor offence and
upon conviction, shall be punished by a fine not to exceed the sum
of two thousand dollars ($2,000.00) and each and every day a violation
shall be deemed a separate offense.
(d)
A
violation of any term or provision of this article may be enjoined
by civil injunctive relief. The city may, at its sole option, seek
injunctive and other equitable relief to restrain any violation of
this article and may, in addition, pursue any lawful remedies to correct,
abate, or punish any violation hereof.
(e)
The
penalties and remedies provided for in the article are not exclusive
of each other or of any other remedy at law or in equity, and all
such remedies are declared to be cumulative.
(Ordinance 2014-02 adopted 1/13/14)
