(B)
General
Regulations.
The following general regulations apply
to all wind energy conversion systems (WECs) located within any zoning
district. A wind energy conversion system lawfully in existence as
of the effective date of this GDC is not required to meet the requirements
established herein. Nothing contained in this Division 7 is intended
to supersede the provisions of any applicable deed restrictions.
(1)
Required
Plans and Specifications.
In addition to the submittals
otherwise required upon making application for a Site Permit or a
Building Permit, the application for a Building Permit for a wind
energy conversion system must be accompanied by:
(a)
A site plan of the proposed wind energy conversion system, which
must include:
i.
A survey or a scaled drawing of the site on which the proposed wind
energy conversion system will be constructed;
ii.
A plan view layout of the proposed wind energy conversion system
clearly showing:
iv.
A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation
conforms with the edition of the National Electrical Code in effect
at the time of construction.
(b)
Standard installation drawings of the wind turbine structure, including
the tower base, and footings, if any.
(c)
If the system is mounted on a tower, either an engineering analysis
of the tower or a copy of the manufacturing specifications demonstrating
compliance of the system with the edition of the International Residential
Code in effect at the time of construction. An engineering analysis
must be certified by a licensed professional engineer registered in
the State of Texas.
(d)
Evidence of the notice to the utility company as required by Subsection 2.70(B)(10) below.
(2)
Construction
Standards.
A wind energy conversion system must be installed
according to the manufacturer’s recommendations or under the
seal of a professional engineer licensed in the State of Texas.
(3)
Maximum
Height.
Subject to the height limitations imposed by the setback requirements in Subsection 2.70(B)(4) for other than a roof-mounted installation, the maximum height of the system may not exceed forty feet from ground level to the topmost portion of the system inclusive of the turbine and blades. For horizontally-mounted (vertically-spinning) turbines, the measurement of maximum height is made by measuring to the center of the turbine shaft and then adding the length of a blade. Additionally, no system when installed may exceed the height recommended by the manufacturer or the distributor of the system.
(4)
Location
and Setback.
A tower-mounted wind energy conversion system
may be anchored only in the rear yard of the lot on which the system
is located. A tower-mounted system may not be located nearer to a
side or rear lot line than one times the height of the system, inclusive
of turbine blades. No part of a wind energy conversion system, including
blades or guy wire anchors, may protrude across any property line
or public right-of-way.
(5)
Primary
Structure Required.
A wind energy conversion system may
exist only as a secondary use. A wind energy conversion system may
not be erected on a lot or land tract until a primary structure has
been constructed.
(6)
Sound
Pressure Levels.
Sound pressure levels produced by the operation of a wind energy conversion system may not exceed the limitations set forth in Section 22.69 of the City Code.
(7)
Lighting.
All lighting not required by Federal Aviation Administration
(FAA) regulation is prohibited, however, operational lighting installed
by the manufacturer of the system as original equipment is allowed.
When obstruction lighting is required by FAA regulations, the lighting
may not exceed the minimum requirements of those regulations. If so
required, a wind energy conversion system 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-0684), flashing
no faster than twenty flashes per minute. Upward lighting, floodlights
or other lighting not required by the FAA is prohibited.
(8)
Signs.
No advertising or other signs may be placed on a wind energy
conversion system.
(9)
Prohibited
in Easements.
No portion of a wind energy conversion
system may be located in, on, or across a public easement unless authorized
by the easement holder.
(10)
Notice to Utility Company on Grid-Interconnected Systems.
No grid-interconnected wind energy conversion system may be installed
until evidence has been provided to the City that the appropriate
electric power provider has been informed of the customer’s
intent to install a grid-connected customer-owned wind energy conversion
system, and that the customer’s system meets the utility’s
approved specifications for interconnection. If a system will interconnect
through Garland Power and Light, the system must conform to the provisions
of Ordinance No. 5886 and such other interconnection requirements
applicable thereto. Off-grid systems are exempt from this requirement.
(11)
State or Federal Requirements.
A wind energy conversion
system 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 conversion systems. If the standards
and regulations are changed, and if the controlling state or federal
agency mandates compliance, then the owner of the wind energy conversion
system must bring the wind energy conversion system into compliance
with those revised standards and regulations within one hundred and
eighty-three calendar days following the effective date of the revised
standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency.
(C)
Maintenance
and Abandonment:
(1)
A
wind energy conversion system must be maintained at all times according
to the manufacturer’s specifications.
(2)
A
wind energy conversion system that has become unstable, leans more
than five degrees out-of-plumb, or that poses a danger of collapse
must be removed or brought into repair within sixty calendar days
following notice by the Building Official to the owner of the property
upon which the system is located. The Building Official may order
immediate repairs or complete removal of the system where there is
a risk of an imminent probable collapse and a danger to public health,
safety, and welfare. Failure to make the required repairs within the
time provided is an offense.
(3)
If
the owner of a wind energy conversion system plans to abandon or discontinue,
or is required to discontinue, the operation of the system, the owner
must notify the Building Official by certified U.S. mail of the proposed
date of abandonment or discontinuation. The notice must be given no
less than thirty calendar days prior to abandonment or discontinuation.
(a)
In the event that an owner fails to give proper notice of abandonment
or discontinuance, the wind energy conversion system will be considered
abandoned if the wind energy conversion system is not operated for
one hundred and eighty-three calendar days.
(b)
Upon abandonment or discontinuation of use, the property owner must
physically remove the wind energy conversion system within ninety
calendar days following the date of abandonment or discontinuance
of operation. “Physically remove” includes, without limitation,
the actual, complete removal of the tower, turbine, and all other
components of the wind energy conversion system from the site upon
which the system is located.
(Ordinance 6773 adopted 5/19/15)
