This article establishes minimum standards governing the erection, placement and use of wind powered systems and to promote the public welfare through the built environment.
(Ordinance 1461, § 1, 9-8-09)
For the purpose of this article the following are defined:
means the officer or other designated authority charged with the administration and enforcement of this article, including a duly authorized representative of the code official.
shall have the same meaning as habitable space as defined in the International Building Code and International Residential Code.
means a machine designed to convert kinetic energy in the wind to mechanical or electrical energy. Wind energy conversion systems include a tower and all directly connected facilities and associated control equipment, but not including any wired connections stemming from the tower.
means a wind turbine device recognized and approved by the American Wind Energy Association (AWEA) through its small wind certification program, with capacities of 100 kW or less.
(Ordinance 1461, § 1, 9-8-09; Ordinance 1622, § 1, 1-28-14)
Wind powered systems may exist only as a secondary use. A wind powered system may not be erected on property until a primary structure has been constructed or as may be conditioned by the building permit for a primary structure.
(1)
Design requirements.
a.
Freestanding wind powered systems will be limited to no more than 60 feet in total height within residential or commercial zoned districts and 100 feet in industrial zoned districts.
b.
Wind powered systems will be limited to one system for each 5 acres of land within residential or commercial zoned districts and one system for each 2.5 acres of land in industrial districts.
c.
Freestanding wind powered systems shall be setback from all property boundaries of any lot or from a habitable structure by a distance equal to at least one hundred twenty-five percent (125%) of the tower system’s height, as measured from average ground level at the tower foundation to the top of the highest point of the turbines’ or wind blades' elevation.
d.
Freestanding wind powered systems shall be installed according to the manufacturer's recommendations and under the seal of a professional engineer registered by the state. Wet stamps on engineered plans are required for systems greater than 20.
e.
Small systems complying with the provisions established herein, designed to be mounted directly onto buildings, without tower, shall be installed in accordance with the manufacture's recommendations or as designed by a state registered engineer. Such small systems shall be setback from property lines the same as the building on which it is mounted but shall not overhang a property line.
f.
All wind powered systems are limited to a 60dB noise level at any point along the property line.
g.
The freestanding tower shall be a monopole type without guy wires. Small systems, as defined herein, less than 30 feet high, may be mounted on tripod or quadruped type towers without guy wires.
h.
The color of all wind powered systems shall be non-reflective and of neutral tones or of earth tones such as white, tan, subdued green or brown. Grey, including naturally darkening galvanized grey, is also an acceptable neutral tone. Wind powered systems shall not be finished in bright or vivid colors intended to draw attention to the structure.
i.
Multiple wind powered systems are allowed on any lot greater than five acres, provided they are separated by a distance equal to at least the height of the tallest such tower system, as measured from average natural ground level to the highest point of the wind blades' elevation above such ground level.
j.
Lighting. All lighting not required by Federal Aviation Administration (FAA) regulations or by the manufacture is prohibited.
k.
Signs. There shall be no signage on the tower structure or any rotor blade other than those required by National Codes or Manufacturers' requirements.
l.
Safety shutdown: The system must be designed and equipped with l manual and automatic controls to limit the rotational speed of the blades within the design limit of the rotor and to shutdown during high wind speeds in excess of 60 mph. In the event the grid shuts down, the ability to disconnect from the grid will be provided through specific manual and automatic controls as deemed necessary by the electrical provider.
(2)
Required plans and specifications.
In addition to the submittals otherwise required upon making application for a building permit, the application must be accompanied by the following:
a.
A site plan of the proposed wind powered system prepared and sealed by a licensed engineer, including:
1.
A scaled drawing of the site on which the proposed wind powered system will be constructed;
2.
The location of the wind powered system in regards to the property on which the system will be constructed; and
3.
All components of the system including the distance of the system to the property lines; required setbacks; existing structures on the site; natural features such as watercourse and trees.
(3)
Permitting requirements.
a.
Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.
b.
Compliance with building code:
Building permit applications for wind systems shall be accompanied by standard drawings of the wind powered system, including the tower, base and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer registered by the state shall also be submitted. Wet stamps shall be required for systems greater than 20.
c.
Compliance with FAA regulations:
Wind powered systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
d.
Compliance with National Electric Code:
Building permit applications for wind powered systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and UL1741.
e.
Utility notification:
No wind powered system shall be installed until customer has submitted to the utility a properly completed application indicating its intent to install an interconnected customer-owned generator. Customer shall provide evidence to the city of the utility's approval of its application and has executed the state-required interconnection agreement with the utility. Off-grid systems shall be exempt from this requirement.
f.
Windstorm compliance:
Permit applications for wind systems shall be accompanied by either a letter or official documents from a certified windstorm engineer/inspector to verify that subject wind powered system complies with anchoring and structural standards to withstand windstorm forces applicable to the Rockport coastal area.
g.
Environmental compliance:
Proposed wind energy systems 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.
h.
Sanctuaries:
Proposed wind energy systems located within one (1) mile from designated bird sanctuaries, preserves, rookeries, breeding or foraging grounds, wildlife state or federal parks, or wildlife resource or management areas will require consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Services and may require mitigation or permitting measures by the applicant.
(Ordinance 1461, § 1, 9-8-09; Ordinance 1622, § 2, 1-28-14)
The code official is hereby authorized and directed to enforce the provisions of this article. The code official shall have the authority to render interpretations of this article, and to adopt procedures in order to clarify the application of its provisions. Such interpretations and procedures shall be in compliance with the intent and purpose of this article and shall not have the effect of waiving requirements specifically provided for in this article.
(Ordinance 1461, § 1, 9-8-09)
It shall be unlawful for any person to erect, construct, alter, repair or move any wind system or structure regulated by this article, or cause same to be done, in conflict with or in violation of any of the provisions of this article.
(Ordinance 1461, § 1, 9-8-09)
The code official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension or repair of a wind system or structure in violation of the provisions of this article, or in violation of a permit or certificate issued under the provisions of this article. Such notice may direct the person to cease and desist the illegal action or condition and the abatement of the violation.
(Ordinance 1461, § 1, 9-8-09)
Any person failing to comply with the provisions of this article or failing to carry out an order made pursuant of this article or violates any condition attached to a permit, approval or certificate shall be subject to the penalties established by section 1-7, Rockport Code of Ordinances.
(Ordinance 1461, § 1, 9-8-09)