A Medium Wind Energy Turbine (MWET) shall be a conditional use in industrial, commercial, mixed use and public facility districts. MWETs may also be permitted conditionally in residential subdivision common areas or public open spaces of more than five (5) acres.
A Large Wind Energy Turbine (LWET) shall be a conditional use in the Wind Energy Overlay District.
In addition to the materials required for all conditional use applications, the application shall include the following:
(a) Siting and Design Requirements:
(1) The design of a MWET or LWET shall conform to all applicable industry standards.
(2) Visual Appearance:
A. Each MWET or LWET, including accessory buildings and other related structures, shall be mounted on a tubular or lattice tower and be of a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of turbines, towers and buildings shall be maintained throughout the life of the MWET or LWET.
B. Each MWET or LWET 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. Each MWET or LWET shall not be used for displaying any advertising (including flags, streamers or decorative items), except for reasonable identification of the turbine manufacturer or operators(s).
(3) Vibration: Each MWET or LWET shall not produce vibrations humanly perceptible beyond the property on which it is located.
(4) Shadow Flicker: The MWET or LWET owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the MWET or LWET. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sun-rise to sun-set over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed thirty (30) hours per year.
(5) Electrical System: All electrical controls, control wiring, grounding wires, power lines and all other electrical system components of the MWET or LWET shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.
(6) In addition to the Siting and Design Requirements listed previously, the MWET shall also be subject to the following:
A. Location: A MWET may be permitted in any zoning district but shall be located in the rear or side yard of a property of at least 2 acres area with sufficient dimensions to enable compliance with other applicable setbacks.
B. Height: The Total Height of a MWET shall not exceed one hundred and fifty (150) feet.
C. Ground Clearance: The lowest extension of any blade or other exposed moving component of a MWET shall be at least fifteen (15) feet above the ground (at the highest point of the grade level within fifty (50) feet of the base of the tower) and in addition, at least fifteen (15) feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the MWET.
D. Noise:
1. Noise emanating from the operation of a MWET 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 MWET(s) 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.
E. Quantity: The number of MWETs shall be determined based on setbacks and separation.
F. Setback and Separation:
1. 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.
2. Property Line Setbacks: With the exception of the locations of public roads (see below), right-of-ways and parcels with occupied buildings (see above), the internal property line setbacks shall be equal to the Total Height of the MWET as measured from the base of the Tower. This setback may be reduced if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the WET.
3. Public Road Setbacks: Each MWET shall be set back from the nearest public road a distance equal to the Total Height of the MWET, determined at the nearest boundary of the underlying right-of-way for such public road.
4. Communication and Electrical Lines: Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the Total Height of the MWET, as measured from the base of the Tower, determined from the existing power line or telephone line.
5. Tower Separation: MWET/tower separation shall be based on industry standard and manufacturer recommendation.
(7) In addition to the Siting and Design Requirements listed previously, the LWET shall also be subject to the following:
A. Location: LWETs shall only be permitted in industrial districts or a public facilities district on properties with a parcel size larger than 10 acres with sufficient dimensions to enable compliance with applicable setbacks.
B. Ground Clearance: The lowest extension of any blade or other exposed moving component of a LWET shall be at least fifty (50) feet above the ground (at the highest point of the grade level within one hundred fifty (150) feet of the base of the tower).
C. Noise:
1. Noise emanating from the operation of a LWET 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 or agricultural use parcel or from the property line of parks, schools, hospitals and churches. Noise emanating from the operation of a LWET(s) 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 or non-agricultural use parcel.
D. Quantity: The number of LWETs shall be determined based on setbacks and separation.
E. Setback and Separation:
1. Occupied Building Setback: Each LWET shall be set back from the nearest Occupied Building that is located on the same parcel as the LWET a minimum of two (2) times its Total Height, as measured from the base of the Tower.
2. Property Line Setbacks: With the exception of the locations of public roads (see below), drain right-of-ways and parcels with Occupied Buildings (see above), the internal property line setbacks shall be a minimum of one and a quarter (1.25) times the Total Height, as measured from the base of the Tower. This setback may be reduced to a distance agreed upon as part of the special use permit if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the WET.
3. Public Road Setbacks: Each LWET shall be set back from the nearest public road a minimum distance no less than three hundred (300) feet or one and one half (1.5) times its Total Height, whichever is greater, determined at the nearest boundary of the underlying right-of-way for such public road.
4. Communication and Electrical Lines: Each LWET shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than three hundred (300) feet or one and one quarter (1.25) times its Total Height, whichever is greater, determined from the existing power line or telephone line.
5. Tower Separation: Turbine/tower separation shall be based on industry standards and manufacturer recommendation.
F. Access Driveway: Each LWET shall require the construction of a private road to offer an adequate means by which the Village may readily access the site in the event of an emergency. All private roads shall be constructed to the specifications of the Village Engineer.
(b) Safety Requirements:
(1) If the MWET or LWET 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 applicable to wind power generation facilities and the connection shall be inspected by the appropriate public utility.
(2) The MWET or LWET shall be equipped with an automatic braking or governing 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) Security measures need to be in place to prevent unauthorized trespass and access. Each MWET or LWET shall not be climbable up to fifteen (15) feet above ground surfaces. All access doors to MWETs or LWETs and electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by non-authorized person(s).
(4) All spent lubricants, cooling fluids and any other hazardous materials shall be properly and safely removed in a timely manner.
(5) Each MWET or LWET shall have one sign, not to exceed two (2) square feet in area, posted at the base of the tower and on the security fence if applicable. The sign shall contain at least the following:
A. Warning high voltage
B. Manufacturer's and owner/operators name
C. Emergency contact numbers (list more than one number)
(6) The structural integrity of the MWET or LWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22 "Wind Turbine Certification" and IEC 61400-23 "Blade Structural Testing" or similar successor standards.
(c) Signal Interference:
(1) The MWET or LWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite or emergency communication systems.
(d) Decommissioning:
(1) The MWET or LWET 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 the assigned of the MWET or LWET, and for good cause, the Village may grant a reasonable extension of time. Each MWET or LWET 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) Decommissioning shall include the removal of each MWET or LWET, buildings, or electrical components, as well as any other associated facilities, including foundations.
(3) All access roads to the MWET or LWET shall be removed, cleared and graded by the MWET or LWET Owner(s) unless the property owner(s) requests, in writing, a desire to maintain the access road.
(4) The site and any disturbed earth shall be stabilized, graded and cleared of any debris by the owner(s) of the MWET or LWET or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.
(5) In addition to the Decommissioning Requirements listed previously, the MWET shall also be subject to the following:
A. If the MWET Owner(s) or Operator(s) fail to complete decommissioning within the period prescribed above, the 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 MWET 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 MWET.
(6) In addition to the Decommissioning Requirements previously listed, the LWET shall also be subject to the following:
A. An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("Decommissioning Costs") with no regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("Net Decommissioning Costs"). When determining this amount, the Village may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Zoning Administrator after the first year of operation and every fifth year thereafter.
B. The LWET Owner(s) or Operator(s) shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs; provided that at no point shall Decommissioning Funds be less than one hundred percent (100%) of Decommissioning Costs. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or state chartered lending institution chose by the Owner(s) or Operator(s) and participating landowner(s) posting the financial security and approved by the Village Law Director.
C. Decommissioning Funds shall be in the form of a performance bond made out to the Village of Highland Hills.
D. A condition of the bond shall be notification by the bond company to the Zoning Administrator when the bond is about to expire or be terminated.
E. Failure to keep the bond in effect while an LWET is in place will be a violation of the conditional use permit. If a lapse in the bond occurs, the Village of Highland Hills may take action up to and including requiring ceasing operation of the WET until the bond is reposted.
F. The escrow agent shall release the Decommissioning Funds when the Owner(s) has demonstrated and the Zoning Administrator concurs that decommissioning has be satisfactorily completed.
G. If neither the Owner(s) or Operator(s), not the landowner(s) complete decommissioning within the periods addressed previously (Decommissioning Requirements 1 and 2), then the Village of Highland Hills may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a Participating Landowner agreement to the Village of Highland Hills shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Village may take such action as necessary to implement the decommissioning plan.
(e) Site Plan Requirements:
(1) Site Plan Drawing: All applications for a MWET or LWET conditional use permit shall be accompanied by a detailed site plan map that is drawn to scale and dimensioned, displaying the following information:
A. Existing property features to include the following: property lines, physical dimensions of the property, land use, zoning district, contours, setback lines, right-of-ways, public and utility easements, public roads, access roads (including width), sidewalks, non-motorized pathways, large trees and all buildings. The site plan must also include the adjoining properties as well as the location and use of all structures and utilities within three hundred (300) feet of the property.
B. Location and height of all proposed MWETs or LWETs, buildings, structures, ancillary equipment, underground utilities and their depth, towers, security fencing, access roads (including width, composition and maintenance plans), electrical sub-stations and other above-ground structures and utilities associated with the proposed MWET or LWET.
C. Additional details and information as required by the Chapter 1147-Conditional Uses Highland Hills Zoning Regulations or as requested by the Planning Commission.
(2) Site Plan Documentation: The following documentation shall be included with the site plan:
A. The contact information for the Owner(s) and Operator(s) of the MWET or LWET as well as contact information for all property owners on which the MWET or LWET is located.
B. A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed MWET or LWET. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.
C. Identification and location of the properties on which the proposed MWET or LWET will be located.
D. In the case of a subdivision or condominium development, a copy of the Deed, Covenants and Bylaws addressing the legal arrangement for the MWET or LWET.
E. The proposed number, representative types and height of each MWET or LWET to be constructed; including their manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated capacity, rotor diameter and a description of ancillary facilities.
F. Documents shall be submitted by the developer/manufacturer confirming specifications for MWET or LWET tower separation.
G. Documented compliance with the noise and shadow flicker requirements set forth in this Ordinance.
H. Engineering data concerning construction of the MWET or LWET and its base or foundation, which may include, but not limited to, soil boring data.
I. A certified registered engineer shall certify that the MWET or LWET meets or exceeds the manufacturer's construction and installation standards.
J. Anticipated construction schedule.
K. A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the MWET or LWET to conduct maintenance, if applicable.
L. Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical and communications. The MWET and LWET shall comply with Federal Aviation Administration (FAA) requirements and any applicable regulations.
M. Proof of applicant's liability insurance.
N. 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.
O. Other relevant information as may be requested by the Zoning Administrator to ensure compliance with the requirements of this Ordinance.
P. Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the Special Use Permit.
Q. A written description of the anticipated life of each MWET or LWET; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the MWET(s) or LWET(s) become inoperative or non-functional.
R. The applicant shall submit a decommissioning plan that will be carried out at the end of the MWET's or LWET's useful life and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.
S. The Village reserves the right to review all maintenance plans and bonds under this Ordinance to ensure that all conditions of the permit are being followed.
T. Signature of the Applicant.
U. In addition to the Site Plan Requirements listed previously, the LWET shall be subject to the following:
1. A site grading, erosion control and storm water drainage plan will be submitted to the Zoning Administrator prior to issuing a conditional use permit for a LWET.
2. A description of the routes to be used by construction and delivery vehicles and any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries and an agreement or bond which guarantees the repair of damage to public roads and other areas caused by construction of the LWET.
3. A statement indicating what hazardous materials will be used and stored on the site.
4. A study assessing any potential impacts on the natural environment (including, but not limited to, assessing the potential impact on endangered species, eagles, birds and/or other wildlife, wetlands and fragile ecosystems conducted by a qualified firm or individual.
(f) Certification and Compliance:
(1) The Village must be notified of a change in ownership of a MWET or LWET or a change in ownership of the property on which the MWET or LWET is located.
(2) The Village reserves the right to inspect any MWET and all LWET's in order to ensure compliance with this chapter. Any cost associated with the inspections shall be paid by the owner/operator of WET.
(3) In addition to the Certification & Compliance requirements listed previously, the LWET shall also be subject to the following:
A. A sound pressure level analysis shall be conducted from a reasonable number of sampled locations at the perimeter and in the interior of the property containing any LWETs to demonstrate compliance with the requirements of this chapter. Proof of compliance with the noise standards is required within ninety (90) days of the date the LWET becomes operational. Sound shall be measured by a third-party, qualified professional.
B. The LWET Owner(s) or Operator(s) shall provide the Zoning Administrator with a copy of the yearly maintenance inspection.
(Ord. 2012-38. Passed 7-11-12.)