(a) Purpose. This Section regulates wind energy systems designed to primarily serve the on-site needs of a home, agriculture, institution, business, or industry.
(b) Applicability.
(1) No person, firm or corporation shall locate, construct, erect, maintain, extend or remove a wind energy system in the City without first obtaining a zoning certificate in compliance with the provisions of this Section.
(2) Wind energy systems in existence prior to April 1, 2010 shall not be required to meet the requirements of this Section. However, any modification to such a wind energy system shall be subject to the provisions of this Section.
(c) Review Process. The Planning Commission shall review wind energy systems applications as a Site Plan Review in accordance with Chapter 1161.
(d) Submission Requirements. In addition to the application requirements set forth in Chapter 1161, Site Plan Review, an application for a wind energy system shall include:
(1) Standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with all applicable state, county and city codes and certified by a licensed professional engineer. This analysis is typically supplied by the manufacturer. Original drawings are not required.
(2) Evidence of the “clear fall zone” as required in this Section.
(3) The maximum decibel level of the particular unit. This information must be obtained from the manufacturer of the turbine unit.
(4) A maintenance schedule as well as a dismantling or decommissioning plan that outlines how the unit will be removed. A decommissioning plan shall include the method of ensuring that funds will be available for decommissioning and restoration.
(5) Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this Section and Zoning Ordinance.
(6) Any documents reasonably deemed necessary by the Zoning Inspector.
(7) A non-refundable fee as established.
(e) Design and Installation.
(1) Design Safety Certification: The design of the wind energy system shall conform to applicable industry standards, including those of the American National Standards Institute.
(2) Wind energy systems shall comply with all applicable state construction and electrical codes and local building permit requirements.
(3) Wind energy systems shall comply with FAA regulations including any necessary approvals for installations close to Fremont Airport.
(4) Safety. An On-site Use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be twenty (20) feet for a wind energy system employing a horizontal axis rotor.
(5) Visual Appearance:
A. The color of a wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
B. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety. If lighting is required, the applicant shall provide a copy of the Federal Aviation Administration determination to establish the required markings and/or lights for the wind energy system.
C. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, system owner and operator pursuant to Chapter 1149: Signs.
D. All wires and electrical apparatuses associated with the operation of a wind energy system unit shall be located underground.
(6) Climb Prevention/Locks:
A. Wind turbines shall not be climbable up to fifteen (15) feet above ground level.
B. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
(7) Maintenance:
A. All wind energy systems shall be maintained in good working order.
B. Any physical modification to the energy system that alters the mechanical load, mechanical load path, or major electrical components shall require reapplication.
(f) Setbacks.
(1) Buildings:
A. Wind turbines shall be set back from the nearest building, a distance not less than the normal setback requirements for that zoning classification or one hundred ten percent (110%) of the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the building.
B. Wind turbines shall be set back from the nearest building located on a nonparticipating landowner’s property a distance of not less than two (2) times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the building.
(2) Property Lines: All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 110 percent of the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(g) Noise and Shadow Flicker.
(1) Audible sound from a wind energy system shall not exceed the noise standards in Section 1153.08: Noise, except during short-term events such as severe windstorms and utility outages. This information shall be obtained from the manufacturer of the turbine, and all readings, if necessary, shall be taken from the nearest neighboring property line.
(2) Wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. The applicant has the burden of proving that this does not have significant adverse impact on neighboring or adjacent uses either through sighting or mitigation.
(h) Decommissioning.
(1) The system owner and/or operator shall, at their expense, complete decommissioning of the wind energy system, or individual wind turbines, within twelve (12) months after the end of the useful life of the system or individual wind turbines.
(2) The wind energy system or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.
(3) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of thirty-six (36) inches, and any other associated systems.
(4) 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.
(i) Definitions.
(1) “Applicant” means the person or entity filing an application under this Section.
(2) “Building” means a residence, school, hospital, church, public library or other structure used for public gathering.
(3) “Fall zone” means the area measured by using one hundred ten percent (110%) of the total height of the tower as the radius and the tower foundation as the center.
(4) “Hub height” means the distance measured from the surface of the tower foundation to the center of the turbine hub.
(5) “Operator” means the entity responsible for the day-to-day operation and maintenance of the wind energy system.
(6) “Shadow flicker” means shadow flicker occurs when the blades of the turbine rotor cast shadows that move across the ground and nearby structures.
(7) “Turbine height” means the distance measured from the existing grade to the highest point of the turbine rotor plane.
(8) “Wind turbine” means a wind energy system that converts wind energy into electricity using a wind turbine generator, and which includes the nacelle, rotor, tower, and pad transformer, if any.
(9) “Wind energy system” means a system that converts the kinetic energy of the wind into electricity available for use beyond that used by the system.
(Ord. 2020-4053. Passed 1-7-21.)