(A) Intent.
(1) In order to balance the need for clean, renewable energy resources with the protection of the health, safety, and welfare of the residents of the city, the city finds these regulations are necessary in order to ensure that all wind energy conversion systems (CWECS) are appropriately designed, sited, and installed.
(2) These regulations pertaining to all wind energy conversion systems are intended to respond to equipment available at the time of adoption. The city recognizes that this is an emerging technology and that new means of collecting wind energy, including but not limited to vertical axis wind turbine generators are under development. Accordingly, these standards will be reviewed and may be amended as technology advances.
(B) Types of wind energy systems.
(1) Small wind energy conversion system (SWECS). A wind energy conversion system which has a rated capacity of up to 25 kilowatts and which is incidental and subordinated to another use of the same parcel. A system is considered a small wind energy system only if it supplies electrical power for site use, except that when a parcel on which the system is installed also received electrical power supplied by a utility company, access electrical power generated and not presently needed for onsite use may be sold back to the utility company. (25 Kilowatt limit approved by the Gothenburg Planning Commission to increase to a maximum of 100 Kilowatts with Nebraska State Legislature authorization by future amendment.)
(2) Commercial wind energy conversion system (CWECS). A single wind conversion tower or multiple towers comprising a large conversion system or wind farm. (This CWECS is not permitted with the planning jurisdiction of the city.
(C) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGREGATED PROJECT. Those projects that are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual CWECS
within a larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the aggregated project.
FALL ZONE. The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.
FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of the interconnection shall be the substation serving the WECS.
HEIGHT, HUB. The height above grade of the fixed portion of the tower, including the generation unit, measured to the hub or center point of the rotor blade diameter.
HEIGHT, TOTAL SYSTEM. The height above grade of the system, including the generating unit and measured the highest vertical extension of any rotor blades or rotors.
METEOROLOGICAL TOWER.
(a) For the purposes of wind energy conversion systems, meteorological towers are those which are erected primarily to measure wind speed and direction plus other data relevant to locating a CWECS.
(b) Meteorological towers do not include towers and equipment used by airports, the Nebraska Department of Transportation or other similar applications to monitor weather conditions.
ROTOR DIAMETER. The diameter of the circle created by the outer most point of the rotor blades of the windmill. (See diagram below)[IMAGE][IMAGE]
SHADOW FLICKER. Strobe effect that occurs when sun is horizontal to rotor blades, which causes repetitive intermittent shadows that can affect people on nearby properties.
SUBSTATIONS. Any electrical facility utilized to convert electricity produced by a commercial wind energy conversion system for interconnection with high voltage transmission lines.
TOWER. The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
TRANSMISSION LINE. The electrical power lines that are high voltage transmission lines carrying electricity over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
WIND ENERGY CONVERSION SYSTEM (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, and configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g. wind charger, windmill, or wind turbine.
WIND TURBINE GENERATOR. The component of a wind energy system that transforms mechanical energy from the wind into electrical energy.
(D) Small wind energy conversion system. A small wind energy conversion system (SWECS) is a facility used for the production of a maximum of 25 kilowatts of electrical energy supplied by the wind. The facility may include a tower, wind turbine(s) and any transmission lines. The SWECS is primarily used to generate energy for use by its owner. A small wind energy facility shall be sited and designed to minimize adverse visual impacts on neighboring properties. To be used in conformance with Neb. RS §§ 70-2001 through 70-2005, regarding Net Metering. (25 Kilowatt limit approved by the Gothenburg Planning Commission to increase to a maximum of 100 Kilowatts with Nebraska State Legislature authorization by future amendment.)
(1) General site and design standards
(a) Located on a lot or parcel of at least one-half acre;
(b) Shall be permitted by an approved special use permit to be issued in the AG, AG 1, R-1, R-2, R-3, or R-4, C-1 or C-2, I-1 or I-2, or P Zoning Districts.
(c) SWECS shall maintain a minimum setback distance from any property line a distance equal to the height of the total system of the windmill. Adjoining property owners (second or third additional farm/ranch single dwelling units for the purpose of housing relatives or permanent agriculture workers) participating in the same or aggregated project shall have no setback requirements between adjoining properties.
(d) SWECS shall maintain a minimum setback distance from any public road, or highway of at least 1.1 times the total system height of the windmill from the public road or highway right-of-way.
(e) In no case shall a WECS be located within any required setback or in any front yard area.
(f) Turbines and towers shall be of tubular design and if painted or coated, shall be of a non-reflective white, grey, or other neutral color and shall not used to display advertising.
(g) SWECS shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).
(h) All electrical wires associated with a small wind energy system other than the wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(i) The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
(j) All ground mounted electrical and control equipment must be labeled and secured to prevent unauthorized access. A tower may not have step bolts or a ladder within eight feet of the ground that is readily accessible to the public.
(k) The owner of a small wind energy facility shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by the facility.
(l) Construction access must be re-graded and re-vegetated to minimize environmental impacts.
(m) Any SWECS application must include an agreement that addresses decommissioning and abandonment of the facility. The agreement must at a minimum provide for reuse or dismantlement of the facility at the owner's expense.
(2) Application requirements.
(a) A survey map at an appropriate scale identifying:
1. Site boundary;
2. Adjacent public right-of-ways;
3. Existing structures;
4. Proposed small wind energy system and accessory structures; adjacent ownership and existing residences;
5. Any overhead utility lines.
(b) A report from a licensed engineer containing:
1. Small wind system specifications including manufacturer and model; rotor diameter, tower height, tower type (freestanding or guyed);
2. Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location;
3. Certification that the small wind energy system complies with all applicable state construction and electrical codes and the National Electrical Code.
(c) Compliance with FAA Regulations, including any Documentation required by the FAA certifying approval of proposed location when located within the three-mile planning jurisdiction of any airport or within the approach path of any municipal airport runway extending a distance of ten miles from the edge of the runway.
(d) Signed letter of notification by the property owner submitted to the Electrical Supplier/Purchaser, Dawson County Assessor's Office, and City of Gothenburg Zoning Administrator, signifying utility service is approved.
(e) Require proof of insurance on application.
(E) Commercial/utility wind energy system. A wind energy conservation system consisting of a wind turbine, a tower, and associated control, or conversion electronics, which has a rated capacity equal to, or greater than 100 kW and which is intended to primarily supply on-site energy or for distribution into the electrical grid.
(1) Requirements. Commercial/utility grade wind energy systems shall not be allowed with the zoning jurisdiction of the city.
(Ord. 905, passed 1-20-2015)