(A) Standards. A small wind energy system shall be a permitted use in all zoning districts subject to the following requirements.
(1) Setbacks. The minimum setback distance between each wind turbine tower and all surrounding property lines, overhead utility or transmission lines, other wind turbine towers, electrical substations, public roads and dwellings shall be equal to no less than 1.1 times the system height, unless written permission is granted by each affected person.
(2) Access. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access, and the tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(3) Lighting. A SWES shall not be artificially lighted unless the lighting is required by the Federal Aviation Administration.
(4) Noise. SWES facilities shall not exceed 55 dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages or wind storms.
(5) Appearance, color, finish. The SWES shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit.
(6) Signs. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs or owner identification on a wind generator, tower, building or other structure associated with a SWES visible from any public road shall be prohibited.
(7) Code compliance. A SWES shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
(8) Utility notification. No SWES shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(B) Permit requirements.
(1) A building permit shall be required for the installation of a SWES.
(2) The building permit shall be accompanied by a plot plan which includes the following:
(a) Property lines and physical dimensions of the property;
(b) Location, dimensions and types of existing major structures on the property;
(c) Location of the proposed SWES;
(d) The right-of-way of any public road that is contiguous with the property;
(e) Any overhead utility lines;
(f) Wind system specifications, including manufacturer and model, rotor diameter, tower height and tower type (monopole, lattice, guyed);
(g) Tower foundation blueprints or drawings;
(h) Tower blueprint or drawing;
(i) Proof of notification to the utility in the service territory in which the SWES is to be erected, consistent with the provisions of division (A)(8) above; and
(j) The status of all necessary interconnection agreements or studies.
(3) A permit issued pursuant to this chapter shall expire if:
(a) The SWES is not completely installed and functioning within 24 months from the date the permit is issued; or
(b) Installation has not commenced, the SWES is out of service, or otherwise unused for a continuous 12-month period.
(C) Abandonment.
(1) A SWES that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Board may issue a notice of abandonment to the owner of a SWES that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Board shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the SWES has not been abandoned.
(2) If the SWES is determined to be abandoned, the owner of the SWES shall remove the wind generator from the tower at the owner’s sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Board may pursue legal action to have the wind generator removed at the owner’s expense.
(D) Building permit procedure.
(1) An owner shall submit an application to the Board for a building permit for a SWES. The application must be on a form approved by the Board accompanied by two copies of the plot plan identified, and must be submitted two weeks prior to the next regular scheduled Board meeting.
(2) The Board shall issue a permit or deny the application within 60 days from the date on which the application is received.
(3) The Board shall issue a building permit for a SWES if the application materials show that the proposed SWES meets the requirements of this chapter.
(4) If the application is approved, the Board will return one signed copy of the application with the permit and retain the other copy.
(5) If the application is rejected, the Board will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may reapply if the deficiencies specified by the Board are resolved.
(6) The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the SWES is complete.
(E) Violations. It is unlawful for any person to construct, install, or operate a SWES that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter. SWES facilities installed prior to the adoption of this chapter are exempt.
(Ord. 10.050, passed 2-3-2008) Penalty, see § 115.99