(a) Purpose. The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective, and efficient use of such systems.
(b) Applicability. The requirements set forth in this section shall govern the siting of wind energy systems used to generate electricity or perform work for personal use in residences, commercial properties, and institutions, which do not participate in the net metering system.
(c) Siting and Construction Requirements. The requirements for siting and construction of all ground-mounted small wind energy systems regulated by this section shall include the following, unless FAA standards require otherwise:
(1) Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. The zoning authority may require a photograph or drawing of a small wind energy system of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale.
(2) Small wind energy systems shall not be artificially lighted unless required by the FAA or appropriate authority.
(3) No tower shall have any commercial sign, writing, or picture.
(4) The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system. The tower height shall not exceed a maximum height of seventy (70) feet. When situated on or attached to a building, the total height shall not exceed seventy (70) feet. The building itself shall otherwise conform with the applicable height requirement under this ordinance.
(5) The applicant will provide information demonstrating that the small wind energy system will be used primarily to reduce on-site consumption of electricity. The applicant will be required to meet the liability insurance coverage requirements as set forth in West Virginia Code of Regulations Section 150-33-4 (2011).
(6) The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall be ten (10) feet above the height of any structure within seventy-five (75) feet of the base. The supporting tower shall also be enclosed with a six (6) foot tall fence, or the base of the tower shall not be climbable for a distance of ten (10) feet.
(7) The small wind energy system generators and alternators should be constructed to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions. The applicant should correct any signal disturbance that is identified within 90 days.
(d) Rooftop Installation. The installation of a small wind energy system on a new or existing structure shall be allowed only if the following standards are met, unless FAA standards require otherwise:
(1) Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. The zoning authority may require a photograph or drawing of a small wind energy system of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale.
(2) Small wind energy systems shall not be artificially lighted unless required by the FAA or appropriate authority.
(3) No tower shall have any commercial sign, writing, or picture.
(4) The structure can safely support the small wind energy system.
(5) The height of the small wind energy system shall be no higher than fifty (50) feet measured from the surface of the roof to the highest vertical point of the small wind energy system.
(6) The clearance from the surface of the roof shall be a minimum of ten (10) feet to the lowest vertical point of the wind turbine except when an enclosed blade tip system is used. When an enclosed blade system is used, the system shall be installed in accordance with the manufacturer's specifications.
(7) There shall be no more than two (2) wind turbines for any site one (1) acre or less. An additional wind turbine shall be allowed for each additional half (½) acre.
(8) Setback of the wind turbine shall be measured from the nearest property line, public right-of-way, and overhead public utility lines a distance of one and a half (1 ½) times the length from the mounting point on the structure to the highest vertical point of the wind turbine.
(9) Guy wires may be used and shall be attached to the structure.
(10) The applicant will provide information demonstrating that the small wind energy system will be used primarily to reduce on-site consumption of electricity. The applicant will be required to meet the liability insurance coverage requirements as set forth in West Virginia Code of Regulations Section 150-33-4 (2011).
(11) The small wind energy system generators and alternators should be constructed to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions. The applicant should correct any signal disturbance that is identified within 90 days.
(e) Setbacks. The small wind energy system shall be set back a distance at least equal to one hundred ten percent (110%) of the height of the tower plus the blade length from all adjacent property lines and a distance equal at least to one hundred fifty percent (150%) of the tower height plus blade length from any dwelling inhabited by humans on neighboring property and from overhead power lines. Small wind energy systems shall meet all setback requirements for primary structures for the zoning district in which the small wind energy system is located in addition to the requirements set forth above. Additionally, no portion of the small wind energy system, including guy wire anchors, may extend closer than ten (10) feet to the property line.
(f) Removal of Defective or Abandoned Wind Energy Systems. Any small wind energy system found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards or removed within six (6) months. Any small wind energy system that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the system shall remove the turbine within ninety (90) days of receipt of notice from the Zoning Officer instructing the owner to remove the abandonment wind energy system.
(g) Environmental Consideration. Small wind energy systems shall not be installed in any area designated as floodplain, riparian corridor, wetlands, or steep slopes over twenty-five percent (25%).
(h) Maintenance, Repair, and Replacement. The property owner of the small wind energy system shall be responsible for maintaining the small wind energy system in good operating condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure, the wind turbine, and any associated equipment.
(i) Accessory Use. Any small wind energy system shall be considered an accessory use to the principal use of the property. (Ord. 319. Passed 6-18-24.)