Small wind energy systems shall be a permitted use by right subject to the requirements set forth in this section:
(A) Wind turbine height. Wind turbine height shall be limited to 135 feet.
(B) Setback. The base of the wind turbine shall be set back from surrounding property lines by a distance at least equal to 1-1/2 times the height of the wind turbine. Relief from this section may be granted if the applicant can secure a permanent easement from the adjoining property owner(s) providing for a fall zone.
(C) Clearance. Rotor blades on wind turbines must maintain at least 24 feet of clearance between their lowest point and the ground.
(D) Building permit requirements. A building permit shall be required and building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower certified by a licensed professional engineer which includes standards for ice/wind loading shall also be submitted. This analysis may be supplied by the manufacturer. Wet stamps shall not be required.
(E) Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or non-applicability shall be submitted with the application for a building permit.
(F) Utility notification. No small wind energy system shall be installed until evidence has been furnished that the applicable utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Such evidence shall be in the form of a written verification from the utility company and shall be furnished along with the application for a building permit. Off-grid systems shall be exempt from this requirement.
(G) Appearance. Towers and rotor blades for small wind energy systems shall maintain such finish or be painted in such manner as to conform the tower color and appearance to the surrounding environment to reduce visual obtrusiveness. No such tower shall have any signage, writing, or pictures that may be construed as advertising placed on it at any time. In addition, no flags, streamers, or decorative items shall be attached to a small wind energy system tower or turbine.
(H) Removal of nonfunctional or abandoned small wind energy systems. Any small wind energy system which is nonfunctional or abandoned for a continuous period of six months shall be repaired and placed back in operation by the owner or operator, or else the same shall be removed. The Planning Board shall notify the owner or operator of the small wind energy system by registered mail and provide 45 days for a written response. In such response, the owner or operator shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Planning Board deems the timetable for corrective action to be unreasonable, it shall notify the owner or operator, and the owner or operator shall remove the small wind energy system within 120 days of receipt of said notice, at the owner or operator's expense.
(I) Removal of illegal small wind energy systems. Any small wind energy system which remains in violation of this chapter following the expiration of the time for corrective action as established by the Planning Board under §§ 163.75 through 163.79, and § 163.99, shall be removed. In said event the Planning Board shall so notify the owner or operator of the small wind energy system, and such owner or operator shall remove the small wind energy system within 120 days of receipt of said notice.
(Am. Ord. passed 7-17-23)