The purpose of this article is to oversee the permitting of
small wind energy systems in order to preserve and protect the public
health and safety without significantly increasing the cost or decreasing
the efficiency of small wind energy systems.
(Ordinance 2009-0511-01 adopted 5/5/09)
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
The Federal Aviation Administration or its successor agency.
The mayor of the town or his designee.
Defined to include the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this article and includes
the person or entity that owns the real estate on which the small
wind energy system is situated as well as any occupant or person in
control or supervision of the real estate.
The cross sectional dimension of the circle swept by the
rotating blades.
A wind energy system that:
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.
The Town of Cross Roads, Texas, acting either through its
governing body or the mayor or his designee.
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy. This equipment includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries or other component used in the system.
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
(Ordinance 2009-0511-01 adopted 5/5/09)
(a)
Small
wind energy systems shall not be erected, constructed, relocated or
maintained in the territorial limits of the town 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 town, and
all applicable laws and regulations. Small 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. Wind energy systems that do not meet the requirements
of small wind energy systems are prohibited.
(b)
A
small wind energy system shall be a permitted use in all zoning districts,
subject to the issuance of a permit, and subject to the following
requirements:
(1)
Prohibited locations.
Small wind energy systems shall
not be erected, constructed or located within any public right-of-way;
within any easement, public or private, without the written consent
of the owner of the easement; within any front, side or rear property
setback area; and, no part of a small wind energy system shall extend
or be located beyond the lot lines of the property on which the system
is erected.
(2)
Compliance standards.
A small 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 town, and all applicable state
and local building codes. 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 small wind energy system
shall meet and comply with the town’s building codes and electrical
code.
(3)
Required setbacks; platting.
A tower for a small wind
system shall be set back from the property lines and any overhead
or aboveground public or private utility line, cable or human inhabited
structure, at a distance equal to 100% of the total height. No tract
of property shall be subdivided, platted or replatted such that a
preexisting small wind energy system will fail to meet the foregoing
requirements.
(4)
Access.
All ground mounted electrical and control equipment
shall be labeled or secured to prevent unauthorized access. 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
8 feet above the ground.
(5)
Electrical wires.
All electrical wires associated with
a small wind energy system, other than 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.
(6)
Sound requirements.
Small wind energy systems shall
not exceed a noise level of 55 decibels at the property line.
(7)
Appearance, color, and finish.
The wind generator and
tower shall remain painted or finished the color or finish that was
originally applied by the manufacturer, unless approved in the small
wind energy system permit.
(8)
Maintenance.
The paint, finish, landscaping, and structural
integrity of a small wind energy system and each of its components
shall be maintained at all times. All such systems shall be kept in
good working order.
(9)
Lighting.
All lights not required by the Federal Aviation
Administration 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 type L-865 or L-866), high intensity
flashing white lights (FAA type L-856 or L-857) or dual flashing red
obstruction lights and 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, floodlights or other lighting not strictly required by the
FAA is prohibited.
(10)
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.
(11)
Limit of one.
No more than one wind energy system shall
be erected, constructed, operated or permitted on any single lot or
tract.
(12)
One acre minimum.
No wind energy system shall be erected
on less than a one-acre tract or lot.
(Ordinance 2009-0511-01 adopted 5/5/09)
A wind energy system that is out of service or not in continuous
operation for a continuous period of twelve (12) months shall be deemed
abandoned and shall be removed by the owner at the owner’s sole
expense. Any person intending to abandon or discontinue, or that is
required to abandon or discontinue, the use of a wind energy system
shall notify the town in writing of the proposed date of abandonment
or discontinuation not less than thirty days before abandonment or
discontinuation. Upon abandonment or discontinuation of use, the owner
shall remove the entire system at the owner’s sole expense within
90 days of the date of abandonment or discontinuation of use.
(Ordinance 2009-0511-01 adopted 5/5/09)
No grid-interconnected wind energy system shall be installed,
constructed or maintained until evidence has been given that the appropriate
utility provider has been informed of the owner’s intent to
install a grid-connected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
(Ordinance 2009-0511-01 adopted 5/5/09)
(a)
No
person shall erect, construct, maintain or cause to be erected, constructed
or maintained a small wind energy system without first having applied
for and been issued a valid permit to do so. A small wind energy system
permit shall not be issued unless the requirements of this article
and this section have been met and satisfied.
(b)
A
wind energy system may be erected or constructed on a lot or tract
of land only after a primary structure has been constructed on the
lot or tract.
(c)
Permit
applications shall be submitted on forms furnished by the town and
shall demonstrate full compliance with all applicable state and town
building and electrical codes. A small wind energy system 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 tract or lot lines, the dimensions of the lot or tract, all building
and setback lines, and the location of the proposed small wind energy
system;
(B)
The location of existing buildings and structures, overhead utility
lines, and utility easements;
(C)
The location and course of all streets and roadways within and adjacent
to the lot or tract;
(D)
The land uses and zoning district designations of adjacent properties;
and
(E)
Natural features on the lot or tract.
(4)
A detailed depiction and description of the proposed wind energy
system showing:
(A)
Wind system specifications, including the design and height of the
small wind energy system, including the tower, 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;
(5)
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;
(6)
Proof of compliance with the town’s electrical code, including
but not limited to line drawings of the electrical components in sufficient
detail to demonstrate compliance with the electrical code; and
(7)
A certificate of insurance or other proof of insurance coverage in
an amount of not less than $300,000 insuring the owner against liability
arising from the wind turbine and the wind energy system.
(d)
The
erection or construction of a small wind energy system shall not commence
until a valid permit has been issued. Upon completion of construction,
a small wind energy system shall not be operated or maintained until
an inspection by the town determines that the system meets the requirements
of this article.
(e)
Meteorological
towers shall be permitted under the same standards, permit requirements,
restoration requirements, and permit procedures as a small wind energy
system.
(Ordinance 2009-0511-01 adopted 5/5/09)
(a)
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.
(b)
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 ninety (90) days after the date of revocation, the wind
energy system shall be removed by the owner at the owner’s sole
expense.
(c)
The
suspension or revocation of a wind energy system permit may be appealed
by written notice of appeal, filed with the town, 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 town council shall have sole and exclusive authority
to hear and decide all such appeals, and the decision of the town
council shall be final and binding.
(Ordinance 2009-0511-01 adopted 5/5/09)
(a)
No
wind energy system or component shall be erected, constructed or maintained
such that the system or component presents a danger or is hazardous
to the public health or safety.
(b)
If
a wind energy system is determined to present a danger or be hazardous
to the public health or safety, the wind energy system or component
shall be immediately removed. Notwithstanding any other provision
of this article, the mayor may issue an order to the owner to immediately
remove and abate a dangerous or hazardous wind energy system.
(c)
If
a wind energy system is determined to present a danger or be hazardous
to the public health or safety, the owner or any responsible person
may be punished in accordance with the provisions of this article.
In addition, the town may pursue civil injunctive relief in any court
of proper jurisdiction to restrain such violations, as well as any
other remedy available by law. Any and all such remedies are cumulative.
(Ordinance 2009-0511-01 adopted 5/5/09)
(a)
It
is unlawful for any person to construct, install, maintain or operate
a small wind energy system that is not in compliance with this article
or with any condition contained in a small 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
small 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 offense 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
continues 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 town 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 this 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 2009-0511-01 adopted 5/5/09)
