(A) Applicability. No wind energy system shall be constructed or operated within the City of Frankfort until and unless all applicable standards, requirements and restrictions imposed by this section have been satisfied, the appropriate application has been filed with the Building Inspector, the permit fee has been paid and a permit authorizing its construction and operation has been issued by the Building Inspector. Any physical modification to an existing wind energy system that materially alters the size, type, equipment or location shall require a new application process. The person or firm submitting the application for permit may be referred to further in this section as "applicant".
(B) Standards for all wind energy systems. All wind energy systems shall comply with the following requirements:
(1) Sound pressure level.
(a) When in operation a wind energy system shall not exceed either 55 dB(A), or ambient noise level as measured at any property line of the parcel containing the wind energy system. For example, if the ambient noise level is less than 55 dB(A) before the wind energy system begins operation then the noise level when the WES is operating shall not exceed 55 dB(A) and if the ambient noise level before the wind energy system begins operating is 60 dB(A) then the noise level when the wind energy system is operating shall not exceed 60 dB(A). This sound pressure level may be exceeded during short-term events such as severe wind storms.
(b) Wind energy systems which are under single ownership or control and which involve more than one property shall be subject to the requirements of division (B)(1)(a) above but the sound pressure level shall be measured at the property line closest to the wind energy system at the outside boundary of all property used for the wind energy system. In addition, if required by the Building Inspector, the applicant shall provide documentation through modeling or other evidence that will demonstrate that the wind energy system will not exceed the maximum permitted sound pressure.
(c) At the applicant's expense, a baseline noise emission study of the proposed site and impact upon all areas within one-quarter mile of the proposed wind energy system location will be required by the Board of Zoning Appeals prior to approval of any required special exception for a wind energy system greater than 35 feet in total height. The applicant shall also provide estimated noise levels which the wind energy system is likely to produce at the nearest property lines at the time of submitting a request for a special exception.
(2) Setbacks for wind energy systems. All wind energy systems shall be located a minimum of 200 feet from public parks, public open space, public greenways and historic preservation districts, measured from the nearest property lines or district lines.
(a) Tower mounted wind energy system. The minimum setback for a tower mounted wind energy system from a property line, public right-of-way, or public overhead utility line shall be a distance which is at least equal to two times the total height of the wind energy system. All tower mounted wind energy systems shall be located to the rear of the primary structure on any lot.
(b) Building mounted wind energy system. The setback for a building mounted wind energy system shall be a minimum of 15 feet from the property line, public right-of-way, or public overhead utility line if mounted directly on a roof or other elevated surface of the building. The setback shall be measured from the furthest outward extension of all moving parts. The 15-foot minimum setback requirement may be reduced by the Building Inspector under either or both of the following circumstances:
1. If the applicant provides a registered engineer's certification that the wind energy system is designed to collapse, curl or bend within a distance less than the required setback of the wind energy system;
2. If the Building Inspector determines that a lesser setback will not be detrimental to adjoining properties. In making the determination the Building Inspector shall, at a minimum, take into consideration the type and location of the building containing the wind energy system, the type of wind energy system proposed, the installation requirements of the wind energy system and the location of buildings or uses on the adjacent properties.
(3) Location of tower and guy wires.
(a) A tower mounted wind energy system shall only be located in the rear yard and must be on the same lot as the principal use.
(b) Guy wires and anchors shall not be located within or above the front yard. If guy wires are used, the wires must be sleeved in a bright colored material extending seven feet above ground, or be surrounded by a fence at least four feet tall from the guy wire anchor to the point where the guy wires have seven feet of clearance.
(4) Shared wind energy system usage. A wind energy system may provide electrical power to more than one dwelling unit or building, provided that:
(a) The dwelling units or buildings are located on property or properties that are adjacent to the property or properties on which the wind energy system is located; and
(b) All properties serviced by the wind energy system share common ownership.
(5) Rotor clearance.
(a) Blade or rotor arcs created by a tower mounted wind energy system shall have a minimum of 20 feet of clearance above the ground and over and from any structure, adjoining property or tree.
(b) The blade or rotor arcs created by a building mounted wind energy system shall have a minimum clearance of eight feet above the roof and shall not extend horizontally beyond the roof of the structure on which it is mounted.
(6) Shadow flicker. The Building Inspector or the Board of Zoning Appeals, if a special exception is required, may request that the applicant perform an analysis of potential shadow flicker. The analysis shall identify locations of shadow flicker that may occur, and shall describe measures such as screening that shall be taken to eliminate or minimize the shadow flicker.
(7) Construction codes and interconnection standards. A wind energy system shall comply with the following:
(a) All applicable federal and state construction and electrical codes and local building permit requirements.
(b) Federal Aviation Administration requirements.
(c) The Indiana Tall Structures Act, being I.C. 8-21-10, as amended.
(d) The Indiana Public Service Commission and Federal Energy Regulatory Commission requirements if a wind energy system is an interconnected system.
(e) Frankfort and Clinton County Airport Overlay District Standards.
(8) Safety requirements.
(a) Each wind energy system shall be equipped with both a manual and automatic braking device capable of stopping the wind energy system operation in high winds or must be designed so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.
(b) To prevent unauthorized access, each tower mounted wind energy system must comply with at least one of the following provisions, and more than one if required by the Building Inspector or the Board of Zoning Appeals:
1. Tower climbing apparatus shall not be located within 12 feet of the ground.
2. A locked anti-climb devise shall be installed and maintained.
3. A tower capable of being climbed shall be enclosed by a locked, protective fence at least ten feet high with barbed wire fencing.
(c) All wind energy systems shall have lightning protection.
(d) If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least eight feet above the guy wire anchors.
(9) Signs.
(a) Each tower mounted wind energy system shall have one sign not to exceed two square feet posted at the base of the tower, or, if the structure is fenced, on the fence. The sign shall include a warning about high voltage and emergency phone numbers.
(b) A wind energy system shall not include any advertising of any kind, except the nacelle may have lettering that exhibits the manufacturer's and/or owner's identification.
(10) Electromagnetic interference. A wind energy system shall be designed, constructed and operated so as not to cause radio and television interference.
(11) Maintenance. All wind energy systems must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard.
(12) Inspection. The city shall have the right upon approving any wind energy system to inspect the premises on which the wind energy system is located at all reasonable times with permission of the property owner. The city may hire a consultant to assist with any such inspections at the applicant's cost.
(13) Insurance.
(a) The owner or operator of the wind energy system shall procure comprehensive general liability, casualty and wrongful acts insurance policies customary to the wind energy system industry with liability limits of not less than $1,000,000 per occurrence or per claim.
(b) The owner or operator shall furnish the Building Inspector with a certificate or other evidence of such liability insurance prior to being issued a permit for the construction or operation of the system.
(c) The owner or operator of the wind energy system shall maintain the required liability insurance for the duration of the construction, operation and removal of the system. The insurance carrier shall be instructed to provide the Building Inspector with written notice if such insurance coverage ceases to be maintained for any reason.
(d) Failure of the owner or operator to maintain the required insurance at all times shall result in termination of the permit.
(14) Other.
(a) The wind energy system, except for building mounted wind energy systems, may be located on a lawful parcel or parcels which do not have frontage on a public or private road.
(b) All distribution lines from a wind energy system shall be located and maintained underground, both on the property on which the wind energy system is located and off-site.
(c) A wind energy system shall be painted a non-obtrusive (i.e. beige or gray) non-reflective color. No striping of color or advertisement shall be visible on the blades or tower.
(d) A structure or roof mounted wind energy system shall be located on the rear portion of the roof or structure, and shall not extend over 15 feet from the peak of the roof of the structure on which it is mounted to the tip of the rotor blade at its highest point.
(e) No permit shall be issued to install a wind energy system until written evidence has been submitted to the Building Inspector that the electric utility company providing service to the premises has been notified of the applicant's intent to install such wind energy system.
(f) No permit shall be issued to install a wind energy system until the applicant has submitted a certificate of design compliance that the manufacturer of the system's components has obtained from Underwriters Laboratories, Inc. or an equivalent satisfactory and recognized safety rating agency.
(C) Requirements for wind energy systems - 35 feet or less in wind energy system height. Any tower mounted or building mounted wind energy system which is 35 feet or less in total wind energy system height, as defined in § 155.002, shall be a permitted use in all zoning districts, subject to the requirements of division (A) above and the following:
(1) A building permit shall be obtained from the Building Inspector to construct and operate any tower mounted or building mounted wind energy system which is 35 feet or less in total wind energy system height. The minimum clearance between the ground and any motor blade tip at its lowest point shall be 20 feet. Any wind energy system which is greater than 35 feet in total wind energy system height shall be required to obtain a special exception as set forth in §§ 155.001 and 155.101 herein.
(2) The following information is required upon submitting an application for a zoning permit for a wind energy system:
(a) Name of the property owner(s) and address.
(b) An accurate drawing showing the proposed location of the wind energy system, property lines, existing building(s), proposed wind energy system setback, right-of-way lines, public easements and overhead utility lines and the distance from the wind energy system to principal buildings on adjacent lots.
(c) The proposed type and height of the wind energy system to be constructed, including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generated capacity, dimensions, rotor diameter, and a description of ancillary functions.
(d) If the applicant intends to install an interconnected wind energy system, the applicant must provide documentation that the applicable utility company has or will approve the proposed interconnection.
(e) Manufacturer's design standards, specifications and drawings of the wind energy system.
(f) Other relevant information as may be reasonably requested by the Building Inspector.
(3) Final approval of the application for permit shall be issued only after inspection of the wind energy system by the Building Inspector, or an authorized agent of the Building Inspector; and only where the inspection finds that the wind energy system complies with all requirements of divisions (A) and (B) herein, all applicable state construction and electrical codes, local building permit requirements, and all manufacturers design standards, specifications and drawings.
(D) Requirements for wind energy systems - over 35 feet in wind energy system height. Any tower mounted or building mounted wind energy system which is over 35 feet in total wind energy system height, as defined in § 155.002, may be allowed as a special exception in all zoning districts subject to the following requirements:
(1) Application requirements. An application form, an applicant for a wind energy system over 35 feet in total wind energy system height shall provide the following information as part of the application.
(a) The proposed type and height of the wind energy system, as constructed, including the manufacturer and model, product, specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
(b) If the applicant intends to install an interconnected wind energy system the applicant must provide documentation that the company providing electrical service to the affected properties has or will approve the proposed interconnection.
(c) Site plan requirements. A site plan for a wind energy system for exceeding 35 feet in total height shall be submitted and shall include the following items with or on the site plan:
1. Dimensions of the area purchased or leased where the wind energy system is to be located.
2. Location and height of all existing and proposed buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing, and any other above-ground structures proposed or existing for the parcel or parcels containing the wind energy system.
3. Specific distances from the wind energy system structures to all other buildings, structures, and above ground utilities which are on the parcel or parcels upon which the wind energy system is proposed to be located and on abutting parcels.
4. Land uses within 300 feet of the parcel.
5. Access drives or the wind energy system including dimensions and composition, with a narrative describing proposed maintenance of the drives.
6. All lighting proposed for the site, including diagrams of lighting fixtures proposed if requested by the Board of Zoning Appeals.
7. Security measures proposed to prevent unauthorized trespass and access.
8. Manufacturer's design standards, specifications and drawings of the structural components of the wind energy system, including structures, towers, bases and footings. A registered engineer shall certify drawings and any necessary calculations that show that the system complies with all applicable local, state and federal building, structural and electrical codes.
9. Additional information as may be required by the Board of Zoning Appeals.
The Board of Zoning Appeals may waive or modify the above requirements at the request of the applicant if it is determined that those items would not be needed to properly review the project.
(2) Lighting. A wind energy system shall provide lighting as may be required by the Federal Aviation Administration.
(3) Maintenance program required. The applicant shall provide a written description of the maintenance program to be used to maintain the wind energy system, including a maintenance schedule of types of maintenance tasks to be performed.
(4) Site standards and visual impact.
(a) A wind energy system shall be designed and placed in such a manner to minimize adverse visual and noise impacts on neighboring areas.
(b) A wind energy system project with more than one wind energy system structure or tower shall utilize similar design, size, color, operation and appearance throughout the project as is practicable.
(5) Performance guarantee. If a special exception is granted pursuant to this section, the Board of Zoning Appeals may require a security in the form of a cash deposit, surety bond, or irrevocable letter of credit in a form, amount, and duration with a financial institution deemed acceptable to the city, which shall be furnished by the applicant to the city in order to ensure full compliance with this section and any conditions of approval.
(6) Final approval. Final approval shall be issued only after inspection of the wind energy system by the Building Inspector, or an authorized agent of the Building Inspector, and only where the inspection finds that the wind energy system complies with all requirements of divisions (A) and (C) herein, all applicable state construction and electrical codes, local building permit requirements, and all manufacturers' design standards, specifications and drawings.
(E) Abandonment and/or decommissioning. Any wind energy system that has not been used for a continuous 12-month period from the last day of the known transmission of energy shall be deemed abandoned and shall be removed by its owner from the premises within 30 days after receiving such directive by the Building Inspector.
(F) Enforcement and penalties.
(1) The enforcement of this section shall be the responsibility of the Building Inspector.
(2) An owner/operator, landowner, firm, association, corporation or representative agent of any wind energy system that is found by the Building Inspector, to be in violation of the provisions, or to be abandoned, inoperable, or unsafe:
(a) Shall provide abatement by shut down, repair, or removal of the wind energy system upon written notification from the Building Inspector.
(b) Shall be subject to penalty as provided in § 155.999.
(c) May be subject to revocation of the permit for excessive and continued violations.
(d) May be required to reimburse the city for cost(s) and expenses of obtaining other relief including a temporary or permanent injunction; such reimbursement may include costs and reasonable attorney fees.
(Ord. 11-06, passed 5-23-11)