All wind energy systems shall comply with the provisions of this section.
(A) Construction standards. The system must be installed according to the manufacturer's recommendations under the seal of a professional engineer registered in the state. Additionally, all components of the system shall comply with applicable law.
(B) Notice to utility company on grid-interconnected systems. No grid-interconnected or “meter reversing” system shall be installed until the appropriate utility company has been informed of the customer’s intent and has provided authorization to install a grid-connected customer-owned generator. The applicant shall not deviate or modify the installation of any system in any way without prior approval from the city and utility company. This division does not apply to off-grid systems.
(C) Primary structure required. A primary structure must be located on the same lot or parcel as the tower base.
(D) Location. No part of a system may extend beyond the boundary of the property on which the system is located unless the property upon which the encroachment occurs is contiguous to and under the same ownership as the property upon which the rest of the system is installed.
(E) Sound pressure levels. Sound pressure levels generated by the system shall not exceed 50 dB(A) between the hours of 7:00 a.m. and 10:00 p.m., or 35 dB(A) between the hours of 10:00 p.m. and 7:00 a.m., as measured from the property line closest to the system.
(F) Lights. All lighting of the system not required by the FAA is prohibited. When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of the agency. Upward lighting, flood lights or other lighting of the system not strictly required by the FAA is prohibited.
(G) Insurance required. A person may not own, operate, or use a wind energy system, or allow a wind energy system to be located on property subject to the person’s ownership or control, unless insured by one or more liability insurance policies meeting the requirements of this division. Each policy must be issued by an insurance company authorized to write policies in this state, and be written to or for the benefit of the person named in the policy as the insured. The policy must pay on behalf of the named insured for amounts the insured becomes obligated to pay as damages arising out of the ownership, use or operation of the system, or the property upon which the system is located. The minimum coverage required by this division is $500,000 combined single limit for bodily injury and property damage. The policy must contain an agreement or endorsement that the insurance coverage provided is provided in accordance with this chapter, and that the insurance company will furnish not less than 30 days written notice to the city prior to the effective date of any expiration, termination, cancellation, non-renewal, or modification of the policy.
(H) Maintenance required. Each person who owns or uses a wind energy system, and each person who owns property upon which a wind energy system is located, shall maintain the system and its ancillary equipment, structures and enclosures in good working order, and safe and sanitary condition.
(I) Prohibited in easements. No portion of the required setback shall encroach upon an easement except with the written consent of the easement holder.
(J) Abandonment, discontinuance and removal. A person who owns, operates or uses a wind energy system, or the owner of the property upon which the system is located, shall notify the city by certified mail and remove the system to an appropriate disposal site within 30 days following the date of abandonment or discontinuation of use. A system is deemed abandoned if it has not operated for a continuous period of 12 months, unless the owner, operator or user demonstrates that the system is in full compliance with this chapter.
(Ord. 2009-02, passed 1-13-09) Penalty, see § 159.99