Small Structure-Mounted Wind Energy Turbines (SSMWET)s shall not be permitted in any district. Small Tower-Mounted Wind Energy Turbine (STMWET)s shall be considered a conditional use in all zoning districts and shall not be erected, constructed, installed or modified unless the requirements of this chapter have been complied with and a building permit has been issued to the Owner(s) or Operator(s).
STMWETs are subject to the following minimum requirements:
(a) Siting and Design Requirements:
(1) Visual Appearance.
A. A STMWET, including accessory buildings and related structures shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of the turbine, tower and any ancillary facility shall be maintained throughout the life of the SSMWET or STMWET.
B. A STMWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority or otherwise necessary for the reasonable safety and security thereof.
C. STMWET shall not be used for displaying any advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer.
(2) Ground Clearance: The lowest extension of any blade or other exposed moving component of a STMWET shall be at least fifteen (15) feet above the ground (at the highest point of the natural grade within thirty (30) feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the STMWET.
(3) Noise: Noise emanating from the operation of a STMWET shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential use parcel or from the property line of parks, schools, hospitals and churches. Noise emanating from the operation of a STMWET shall not exceed, at any time, the lowest ambient noise level plus 5 dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a non-residential use parcel.
(4) Vibration: Vibrations shall not be produced which are humanly perceptible beyond the property on which a STMWET is located.
(5) In addition to the Siting and Design Requirements listed previously, the STMWET shall also be subject to the following:
A. Height: The Total Height of a STMWET shall not exceed one hundred twenty (120) feet.
B. Location: The STMWET shall be permitted in any zoning district but shall only be located in a rear yard of a property that has an occupied building and/or on individual parcel size of more than 2 acres with sufficient minimum dimensions to enable compliance with other setbacks.
C. Occupied Building Setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of twenty (20) feet measured from the base of the Tower.
D. Other Setbacks: The setback shall not be less than one and one quarter (1.25) times the Total Height of the STMWET, as measured from the base of the Tower, from the property line, public right-of-way, public easement or overhead public utility lines.
E. Separation: If more than one STMWET is installed, a distance equal to the height of the highest STMWET must be maintained between the base of each STMWET.
F. Electrical System: All electrical controls, inverter or other mechanical equipment not mounted on the tower shall be contained in a weather protected cabinet or ground mounted box. Connecting wires including control wiring, grounding wires, power lines and system components shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practical. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.
(b) Permit Application Requirements:
(1) Name of property owner(s), address and parcel number.
(2) A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the STMWET, property lines, physical dimensions of the property, existing buildings(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures.
(3) The proposed type and height of the STMSET to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter and a description of ancillary facilities.
(4) Documented compliance with the noise requirements set forth in this Ordinance.
(5) Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications and FAA requirements.
(6) Proof of applicant's liability insurance.
(7) Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
(8) Other relevant information as may be reasonably requested.
(9) Signature of the Applicant.
(10) In addition to the Permit Application Requirements previously listed, the STMWET Application shall also include the following:
A. A description of the methods that will be used to perform maintenance on the STMWET and the procedures for lowering or removing the STMWET in order to conduct maintenance.
(c) Safety Requirements:
(1) If the STMWET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state and industry standards applicable to wind power generation facilities and the connection shall be inspected by the appropriate public utility.
(2) The STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
(3) A clearly visible warning sign regarding voltage shall be placed at the base of the STMWET.
(4) The structural integrity of the STMWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing" or any similar successor standards.
(d) Signal Interference:
(1) The STMWET shall not interfere with communication system such as, but not limited to, radio, telephone, television, satellite or emergency communication systems.
(e) Decommissioning:
(1) The STMWET Owner(s) or Operator(s) shall complete decommissioning within twelve (12) months after the end of the useful life. Upon request of the owner(s) or assigns of the STMWET and for good cause, the Zoning Admnistrator may grant a reasonable extension of time. The STMWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. All decommissioning expenses are the responsibility of the Owner(s) or Operator(s).
(2) If the STMWET Owner(s) or Operator(s) fails to complete decommissioning within the period prescribed above, Highland Hills Village may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the STMWET is not owned by the property owner(s), a bond must be provided to the Village of Highland Hills for the cost of decommissioning each STMWET.
(3) In addition to the Decommissioning Requirements listed previously, the STMWET shall also be subject to the following:
A. Decommissioning shall include the removal of each STMWET, buildings, electrical components and any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade or to the level of the bedrock if less than sixty (60) inches below grade.
B. The site and any disturbed earth shall be stabilized, graded and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.
(f) Public Inquiries and Complaints:
(1) Should an aggrieved property owner allege that the STMWET is not in compliance with the noise requirements of this chapter, the procedure shall be as follows:
A. Noise Complaint
1. Notify the Highland Hills Zoning Admnistrator, in writing, regarding concerns about noise level.
2. If the complaint is deemed sufficient by the Zoning Admnistrator, the Village will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this chapter.
3. If the test indicates that the noise level is within chapter noise requirements, the Village will use the deposit to pay for the test.
4. If the STMWET Owner(s) is in violation of the chapter noise requirements, the Owner(s) shall reimburse the Village for the noise level test and take immediate action to bring the STMWET into compliance which may include ceasing operation of the WET until chapter violations are corrected. The Village of Highland Hills will refund the deposit to the aggrieved property owner.
(Ord. 2012-38. Passed 7-11-12.)