(A) This subchapter applies to all wind energy conversion systems (WECS), small and commercial, and wind turbines as defined in § 154.161, proposed to be constructed or located after the effective date of this subchapter.
(B) Any WECS constructed or located prior to the effective date of this subchapter shall not be required to meet the provisions of this subchapter provided that any physical modification to such pre-existing WECS that materially alters the size, type, and number of any such WECS shall require compliance with this subchapter. If any pre-existing WECS is destroyed or damaged to the extent of more than 50% of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this subchapter.
(Ord. 2010-2, passed 5-10-2010)