The intent of these regulations is to provide for the construction and operation of wind energy research sites in all areas of unincorporated Dare County zoned for such uses, subject to reasonable conditions that will protect the environment, public health, safety and welfare.
Definitions/Acronyms
Accessory use structure - A structure that is subordinate to the principal use structure in both size and function.
Anenometer - A device which measures the wind speed and transmits wind speed data to the controller.
Environmental assessment - A comprehensive evaluation of a proposed wind energy facility and its potential environmental impacts on the local setting with an emphasis on (avoiding) minimizing or mitigating adverse impacts.
Facility operator - The person or entity responsible for the day-to-day operation and maintenance of the wind energy facility.
Facility owner - The person or entity having controlling or majority equity interest in a wind energy facility including their respective successors and assigns.
kW - Kilowatt.
MW - Megawatt.
Non-participating landowner - Any landowner not under agreement with the site owner or site operator.
Occupied structure - A structure that is in use or occupied at the time permit application is made.
Participating landowner - A landowner under lease or other property agreements with the site owner or site operator.
Setback - An area of separation measured in terms of linear feet from the center of the base of any wind energy device to the property line or right-of-way or the nearest portion of any structure.
Shadow flicker - The visible flicker effect of rotating wind turbine blades casting a shadow on the ground and nearby structures causing the repeating pattern of light and shadow.
Tower - A monopole, free standing, or guyed structure that supports a wind energy generator and other mechanical equipment.
Vertical axis wind turbine - A wind turbine that rotates on a vertical axis with blades forming a spiral or helical shape.
Wind energy device - A device that is designed for use to capture and convert wind into electricity such as wind turbines or other similar wind conversion devices.
Wind energy facility, large - A wind energy conversion system consisting of one or more wind turbine(s), a tower(s) and associated control or conversion electronics, which has a total rated capacity of more than 100 kW.
Wind energy research sites - A site consisting of wind energy devices and supporting structures that are constructed for research purposes and the study of wind energy, equipment construction standards, and other meteorological data used for wind energy generation.
Wind turbine - A wind energy conversion device that converts wind energy through the use of a wind turbine generator and may include a nacelle, rotor, tower, guy wires, and pad transformer.
Wind turbine height - The distance measured from natural grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when the blade reaches its highest elevation or the highest point of the tower on vertical axis wind turbine.
2021 S-13
A. Wind Energy Research Facilities
Land-based wind energy turbines may be located in unincorporated Dare County in those zoning districts that are zoned for such use. The turbines may be on publicly-owned land or privately owned land and must be associated with a public university research agency.
Detailed plans for the site shall be submitted to the Dare County Board of Commissioners for review as a special use according to the provisions of Section 22-65 of the Dare County Zoning Ordinance and may be approved only if the following conditions are met:
1. The site will be used to study wind energy generation and production. The site may be privately-owned but shall be affiliated with a State of North Carolina university or college. A written agreement between the private sector and the university shall be provided to Dare County that outlines the terms of the agreement between the two entities.
2. Any wind turbine shall be setback from all occupied structures, public right-of-ways, and public utility lines a distance equal to 2.0 times the total height of the wind turbine. The total height of the turbine shall be measured as established in the definition section. Only one wind turbine shall be located on the site however, this shall not be interpreted to preclude the construction of any other anemometer or meteorological tower that is needed in conjunction with the wind turbine.
3. Maximum height of a turbine shall not exceed 600 feet measured at the natural grade at the center of the device to the highest point of the device or the highest tip of the rotor blades when the blade reaches its highest elevation.
4. Minimum lot size shall be 25 acres.
5. An environmental assessment has been completed that includes comments from all applicable state and federal agencies. The environmental assessment shall address, at a minimum, the potential impacts of noise,
vibrations, and shadow flicker; impacts on view corridors; impacts on wetlands, wildlife and avian resources, topography and soils, vegetation, archaeological and cultural impacts, tourism and community benefits, and other economic and natural resources. Any adverse effects that cannot be avoided should be identified and proposed mitigative measures that will be used discussed to offset these effects.
B. Permit Applications
1. A site plan for any proposed wind energy research site shall be submitted to Dare County for review as a special use permit. The site plan shall be prepared by a North Carolina licensed engineer or land surveyor and shall include the following information:
a. A narrative description of the proposed wind energy research site.
b. The proposed total rated capacity of any wind turbines to be located on the wind energy research site.
c. The specific number, representative types and heights or range of heights of wind energy devices to be constructed, including their individual generating capacity, dimensions and manufacturers, and a description of supporting and ancillary facilities.
d. The proposed location of each wind energy device, property lines, setback lines, access roads, substations, ancillary equipment, buildings, and structures including meteorological towers, transmission lines, and the location of all structures and property within the geographical boundaries of any applicable setback.
e. Any substations, support equipment and buildings, or other transmission equipment to be located on the site.
f. Foundation plans for any wind energy device prepared and sealed by a North Carolina licensed engineer.
g. Landscaping plan depicting proposed buffers of all support facilities on the property.
h. Certification of compliance, if applicable, with Federal Aviation Administration and Federal Communication Commission regulations.
i. Other relevant reports, studies, or information as may be reasonably requested by Dare County to ensure compliance with these regulations.
j. Signed agreement between participating property owner and the facility owner/operator of the proposed wind energy facility.
k. Dare County should be notified in writing of any changes to the information contained in the permit application.
C. Noise and Shadow Flicker
This section shall apply to wind energy research sites.
1. An audible sound study of the proposed site of the wind energy research site shall be conducted to determine ambient noise levels at the site. Audible sounds from a wind energy generating facility shall not exceed forty (40) decibels as measured at any occupied building located within 2,000 linear feet of the wind turbine.
2. The applicant shall provide a shadow flicker and blade glint report for each proposed wind energy research site. Shadow flicker at any occupied building located within 2,000 linear feet of the wind turbine caused by the device shall not exceed 30 hours per year.
The report shall:
a. Evaluate the worst case scenarios of wind constancy, sunshine constancy, and wind directions and speeds.
b. Map and describe the zones where shadow flicker and blade glint will likely be present within the project boundary and a one-mile radius beyond the project boundary.
c. Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, including outdoor viewsheds.
d. Calculate the total number of hours per year of flicker at all locations, including the outdoor viewshed.
e. Identify problem zones within a one-mile radius where shadow flicker will interfere with existing or future residences and roadways and describe proposed measures to mitigate these problems.
f. Based upon the findings of the report, the wind energy research site shall be designed so that shadow flicker or blade glint will not fall on or in any roadway or principal use structure.
3. If after construction of wind energy devices on the site, noise or shadow flicker problems develop that were not previously identified, then the owner/operator of the wind energy research site shall take steps to mitigate these problems. Written notice from Dare County shall be provided to the site operator of the problems and request the preparation of a mitigation plan to address the identified problems including a timetable for enactment of the plan. The site operator shall bear full responsibility for the costs associated with the mitigation plans and corrective actions that are taken.
4. If noise levels exceed eighty (80) for more than 24 consecutive hours, as measured at any site boundaries, the site operator shall shut down the wind energy research site within one (1) business day of being informed by the Planning Director to do so. The facility shall remain shut down until it can be demonstrated to the satisfaction of the Planning Director that the facility can be operated so as to not exceed 40 decibels for more than five consecutive minutes at any property line.
5. Property owners may waive the noise and shadow flicker provisions of this ordinance by signing a waiver of their rights. The written waiver shall notify applicable property owners of the noise and/or flicker limits required by the ordinance and describe how the wind energy site may not be in compliance and state that consent is granted for the wind energy research site to waive noise and/or flicker limits as required by this ordinance. Any such waiver shall be signed by the applicable property owner and the site operator and recorded in the Dare County Register of Deeds.
D. Installation and Design
1. The installation and design of any wind energy research site shall conform to applicable industry standards, including those of the American National Standards Institute, and take into consideration local conditions.
2. All structural, electrical and mechanical components of the wind energy research site shall conform to relevant and applicable local, state and national codes including NC hurricane wind zone requirements. This shall include the elevation of any support equipment, substations, or accessory building associated with the wind energy generating facility tothe applicable minimum base flood elevation. A stand-down plan for high wind conditions shall be included with this information.
3. Transmission lines shall, to the maximum extent possible, be placed underground.
4. Wind energy research sites shall not be artificially lighted, except as required by the FAA or other applicable authority that regulates air safety. If lighting improvements are required, strobe lighting shall be used as the last resort. The Applicant shall demonstrate compliance with the County’s Airport Height Ordinance. If appropriate, as determined by the Planning Director or designee, the Applicant shall provide a Department of Defense release or approval for the construction of the wind energy research site in restricted air space.
5. No display advertising (including flags, streamers, or other decorative devices) except for identification of the turbine manufacturer, facility owner/operator, associated research agency, other participating agencies,
and contact information. This does not apply to any information plaques that may be required by a governmental agency or utility company. No signage shall be placed on the wind energy device tower or blades. A signage plan depicting the type and location of signs shall be submitted with the permit application.
6. All wind energy devices and all associated support equipment and buildings shall be of neutral colors such as white, off-white or gray.
7. All wind energy devices shall have an automatic braking or governing system to prevent uncontrollable rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.
8. All moving parts of a wind turbine authorized in this subsection shall be constructed at least 35 feet above ground to prevent injury or be constructed with factory-installed shielding to prevent injury.
9. If the proposed wind turbine is located within the Dare County Regional Airport Overlay Zone, written approval from the Dare County Airport Authority is required.
10. Any climbing foot pegs or rungs below 12 feet of a freestanding turbine shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section such that it cannot readily be climbed.
11. Be sited and operated so as to not interfere with television, internet service, telephone (including cellular and digital), microwave, satellite (dish), navigational, or radio reception in neighboring areas. The applicant and/or operator of the facility shall be responsible for the full cost of any remediation necessary to provide equivalent alternate service or correct any problems; including relocation or removal of the facility caused or exacerbated by the operation of such equipment and any and all related transmission lines, transformers, and other components related thereto.
12. Access to the wind energy research site and associated support equipment shall be appropriately secured to prevent unauthorized access by the general public. Appropriate warning signage should be posted on the wind energy devices, electrical equipment and other support facilities as needed.
13. Have a leak containment system for oil, hydraulic fluids, and other non-solids that is certified by an engineer or other expert acceptable to the Planning Director or designee that all such fluids will be captured before they reach the ground. The applicant shall pay for the costs of the expert certification.
E. Decommissioning
1. The wind energy research site owner shall have six months to complete decommissioning of the site if no electricity is generated fora continuous period of six months.
2. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities down to 36 inches below grade.
3. Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
4. The applicant shall place with Dare County an acceptable letter-of-credit, bond, or other form of security that is sufficient to cover 120% of the cost of removal at the end of the facility’s useful life, as detailed in the decommissioning plan. The cost estimate shall be certified by an Engineer, salvage company, or other expert suitable to the Planning Director or designee. The surety shall be used by Dare County to assure the faithful performance of the terms and conditions of this law and conditions of this ordinance, as well as to serve as a removal security to prevent the taxpayers from bearing the cost of removal in the event of the abandonment or cessation of use for more than 90 consecutive days. The full amount of the bond or security shall remain in full force and effect until any
and all necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the facility, as determined by the Planning Director or designee.
F. Maintenance
A plan that details a regular maintenance schedule for routine and storm follow-up maintenance actions that will be taken to keep the wind energy generating facility operating quietly, efficiently, and non-polluting shall be filed with the Dare County Planning Department. Such plan should detail the type of maintenance actions that will be performed and include a section that addresses storm maintenance activities. The Applicant shall conduct preventive maintenance inspections on a January, April, July, October, and after any wind event defined as a tropical storm or Category 1-5 Hurricane. Each inspection shall look for such things as metal fatigue, nut loosenings, and other potential failures that might impact the public health and safety, as well as the items detailed in the Maintenance Plan. Such inspection reports shall be provided to the Planning Director or designee within 30 (thirty) days of the inspection.
(Am. Ord. passed 6-21-2021)