(1) Purpose. The purpose of this section is to establish regulations for the installation of WECS in locations that are not detrimental to the public health safety and welfare of neighboring property owners or occupants.
(2) Applicability. WECS that have a combined nameplate capacity of 5,000 kilowatts or more are regulated by the state, and are preempted from the regulations of this section. This section applies only to WECS that have a combined nameplate capacity of less than 5,000 kilowatts.
(3) General requirements. The following requirements shall apply to all WECS:
(a) WECS shall be allowed as an accessory structure in all zoning districts.
(b) WECS shall be mounted to a monopole or building that has the structural integrity to carry the weight and wind loads of the WECS and can accommodate its vibration impacts, as documented in writing by a licensed structural engineer.
(c) WECS and any related equipment shall comply with the noise regulations established in § 1007.047(4) of this code.
(d) WECS shall be equipped with an overspeed control device.
(e) WECS, including the blades or rotors, shall be grounded and shielded in compliance with the National Electrical Code.
(f) The compatibility of the blades or rotors with the generator shall be certified by a licensed engineer.
(g) WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical, radio frequency, television, or other communication signal interference.
(h) WECS and their related support and equipment shall be a non-contrasting color such as pale grey or white or shall have a galvanized finish to reduce visual impact, unless otherwise required by the Federal Aviation Administration.
(i) Except those devices required by the Federal Aviation Administration, no lights, reflectors, flashers or any other type of illumination shall be attached to a WECS or related support or equipment.
(j) Except for required safety signage, no other signage, writing, pictures, flags, streamers, or decorative items shall be attached to a WECS or related support or equipment,
(k) WECS shall be self-supporting without the use of guy wires or similar features.
(l) Obsolete WECS and any related support or equipment shall be removed within 12 months of cessation of operating, unless an exemption is granted by the Zoning Administrator.
(4) Freestanding WECS. In addition to the general requirements specified in this section, freestanding WECS shall comply with the following requirements:
(a) Freestanding WECS shall be constructed using a monopole design of tubular steel.
(b) Not more than one freestanding WECS shall be permitted per lot.
(c) Freestanding WECS shall not exceed 50 feet in height, as measured from the grade level at the base of the tower to the highest possible extension of the blades, rotors, or similar feature of the WECS.
(d) Freestanding WECS shall not be located within a front yard of a residential zoning district.
(e) Freestanding WECS setbacks from all lot lines, from any principal building, from any recreational facility (e.g., playfield, rink), and from lakes, wetlands, and ponds shall be a distance at least equal to the height of the WECS.
(f) Lot line setbacks may be reduced for projects with joint ownership of a freestanding WECS between two or more abutting landowners. Prior to issuance of a building permit, the applicant shall submit recorded copies of covenants or easements prohibiting the construction of habitable buildings within a distance equal to the height of the WECS on all affected properties.
(g) Freestanding WECS shall not be located within a required wetland buffer, within a bluff or shore impact zone, or on slopes within the shoreland management overlay district that are over 12% as measured over horizontal distances of 50 feet or more.
(h) No portion of a freestanding WECS including the full arc area created by any blade, rotor or other portion of the WECS shall extend over a public easement, over a parking lot, over an accessory building, or over or under an overhead utility line.
(i) The lowest extent of any blade or rotor on a freestanding WECS shall be at least 30 feet above the ground.
(j) Freestanding WECS shall not include tower climbing apparatus within 12 feet of the ground.
(k) Freestanding WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area, containing the following information.
1. A warning of danger to unauthorized persons.
2. The WECS manufacturer's name.
3. Emergency shutdown procedures.
(5) Rooftop WECS. In addition to the general requirements specified in this section, rooftop WECS shall comply with the following requirements:
(a) Not more than one rooftop WECS shall be permitted per single family detached dwelling. The number of rooftop WECS shall not be limited for other principal buildings.
(b) Rooftop WECS shall not exceed 15 feet in height, as measured from the highest element of the roof segment to which the WECS is attached (e.g., peak for pitched roofs, parapet for flat roofs) to the highest possible extension of the blades, rotors or similar feature of the WECS.
(c) Rooftop WECS setbacks shall be ten feet from exterior walls of the building.
(6) Submittal requirements. An applicant for a WECS shall provide the following:
(a) Information that demonstrates compliance with the requirements specified in this section, as applicable.
(b) Application materials required for a building permit of this chapter.
(c) Technical specifications for the WECS including, but not limited to, height, blade or rotor length, operating parameters, lightning protection, anticipated noise levels at the lot lines, and other information deemed necessary to review the application.
(d) For freestanding WECS, a certified survey showing lot lines, existing structures, easements, above-ground utilities, elevations, wetlands, ponds, lakes, streams, and the proposed location for the WECS, including the dimensions between lot lines and the nearest projection of WECS blades or rotors.
(e) For freestanding WECS, an inventory of significant trees proposed to be removed within the construction area for the WECS shall be provided for all uses except single family detached dwellings.