The purpose and intent of this chapter is to encourage and regulate but not entirely prohibit the erection of wind energy conversion systems in appropriate areas of Riverton City. A balance is sought between promoting the health, safety and general welfare of the citizens of Riverton and providing opportunities for the use of wind as an alternative energy resource.
(Code 1997 § 12-800-810)
"IBC"
shall mean the International Building Code as adopted by Riverton City.
"Setback"
shall mean, unless otherwise indicated, the distance from the base of the WECS tower to the property line of the property upon which the WECS is located.
"Tower height"
shall mean the height of the actual tower plus one-half the rotor diameter on horizontal axis installations, and on vertical axis installations, the distance from the base of the tower to the top of the unit.
"WECS (wind energy conversion system)"
is any mechanical device designed for the purpose of converting wind energy into electrical or mechanical power.
(Code 1997 § 12-800-811; amended during 2011 recodification)
Any WECS with a tower height greater than the permitted height allowed in the zone in which it is proposed to be located may be allowed as a conditional use.
(Code 1997 § 12-800-812)
The applicant must apply for a building permit for the WECS and shall complete the following procedures before a WECS building permit shall be issued:
(1) 
Notify the city of any tower greater than 35 feet that is to be used as temporary test structure for a wind feasibility analysis.
(2) 
Submit to the city building department the following plans and materials for preliminary review:
(a) 
The manufacturer of the WECS or applicant for the building permit shall provide drawings of the tower and the wind energy conversion system which indicate that it meets the load requirements for structure as established by the IBC. Such drawings shall be attested to by a qualified and registered professional structural engineer. The plans shall indicate what the maximum wind speed stress design is.
(b) 
The manufacturer of the WECS or applicant for the building permit shall be responsible for providing specification drawings of the WECS which indicate that it meets with standard engineering practices and complies with the National Electrical Code as adopted by Riverton City ordinances; and when available, file with these plans safety results, including blade throw and braking systems.
(c) 
A photograph, drawing or illustration of the proposed WECS.
(d) 
Restrictive covenants, if any, of the subdivision within which the WECS is proposed to be located.
(i) 
Property lines and dimensions of applicant's lot.
(ii) 
Property lines, buildings, power lines and other valuable structures within 100 feet of the base of the WECS.
(iii) 
Easements or rights-of-way of any type on the applicant's property.
(iv) 
WECS proposed location showing distances between property lines and buildings. Show locations of anchors for guy wires, if any.
(v) 
Existing and proposed fences.
(vi) 
Locations of meter boxes and underground cable.
(3) 
After the submitted plans and materials have received preliminary review and approval from the city building department and city planner the applicant shall apply for a conditional use permit if lower height of the WECS is greater than the permitted height allowed in the zone in which the WECS is to be located.
(4) 
After the conditional use has been reviewed by the planning commission and approved by the city council, the applicant may receive a building permit.
(5) 
The applicant shall be held responsible to notify the city when he/she is ready for the footings and electrical inspections approval.
(Code 1997 § 12-800-813; amended during 2011 recodification)
Each WECS application shall be reviewed individually on the basis of meeting the following conditions for approval:
(1) 
Preliminary review and approval for a building permit has been approved.
(2) 
Maximum tower height of the WECS shall not exceed 90 feet as defined in this chapter.
(3) 
Building codes, including the International Building Code and the National Electrical Code, and any other applicable Riverton City ordinances, shall be complied with.
(4) 
Utility interconnections shall be supervised and approved by Utah Power and Light.
(5) 
Microwave communications interference shall not occur as a direct result of the WECS installation.
(6) 
Insurance for the WECS shall be provided by the owner in the amount of $100,000 in liability insurance and in a form approved by the city council.
(7) 
Subdivision restrictive covenants shall not be violated.
(8) 
Location of a WECS shall be allowed in zones as a conditional use only if the following conditions are met:
(a) 
The minimum setbacks of any WECS shall be the tower height plus five feet. (Exception: where the design of the lot does not accommodate the setback requirements in this subsection and the applicant desires to locate the WECS within falling distance of adjoining properties, the WECS may be set back at least the distance equal to the tower height plus five feet from dwellings or main structures on adjoining lots, provided written consent is given by those adjoining property owners.)
(b) 
The minimum lot size shall be 10,000 square feet unless a cooperative is formed among owners of smaller lots.
(c) 
The WECS shall not be located on any type of easement or right-of-way without written approval of the easement and right-of-way owner.
(9) 
Safety shall be further guaranteed by compliance to the following:
(a) 
To limit climbing access to the WECS tower, a fence six feet high with a locking portal shall be placed around the WECS tower base, or the tower climbing apparatus shall be limited to not lower than 12 feet from the ground.
(b) 
No large animals shall be permitted to graze next to guy wires that are used to support a WECS tower.
(10) 
Density of WECS within Riverton City shall be such that the minimum distance between any two WECS shall be 250 feet.
(11) 
Deleted during 2011 recodification.
(12) 
Objectionable or nuisance noises shall not be allowed and will warrant withdrawal of the conditional use permit and required removal of the WECS.
(13) 
Periodic inspections and maintenance shall be performed by the owner of the WECS as necessary and as required by the Riverton City council to ensure that the WECS is maintained in a safe and sound condition. Failure to maintain the structural integrity of the WECS will warrant withdrawal of the conditional permit and require removal of the WECS.
(Code 1997 § 12-800-814; amended during 2011 recodification)