A. Purpose And Intent:
1. The purpose of this section is to establish regulations for the installation and operation of wind energy conversion systems within the City not otherwise subject to regulation and oversight by the State, to:
a. Facilitate the provision of wind energy conversion systems (WECS) and meteorological towers (MET) in locations and circumstances under which the use may be established without detriment to the public health, safety and general welfare of neighboring property owners or occupants; and
b. Minimize adverse visual impacts of these systems through careful design, siting and landscaping standards; and
c. Ensure that these systems are promptly and safely removed when no longer used or when determined to be structurally unsound.
2. The City will give due consideration to the City Comprehensive Plan, zoning districts, existing land uses, and environmentally sensitive areas when considering approval for the location of these systems. Permitting is subject to the regulations and requirements of this section and other provisions of this Code, provided the property upon which the system is to be located is at least two and one-half (21/2) acres in size. No person shall construct or operate a wind energy conversion system without having fully complied with the provisions of this section.
B. District Regulations: Wind energy conversion systems and meteorological tower systems shall be considered as an accessory use and may be allowed as a permitted, temporary or conditional use, or not permitted based on the generating capacity and/or zoning district as established in the table below, subject to the requirements of this section and other provisions of this Code. Minimum lot size for locating a wind energy conversion and meteorological tower is two and one-half (21/2) acres.
P = Permitted | C = Conditional use permit |
PTU = Permitted temporary use | NP = Not permitted |
Zoning District | NCWES (10 - 40 kW) | CWECS (40 - 100 kW) | MET |
R-1, R-2, R-3 and R-4 | NP | NP | NP |
R-1C | NP | NP | NP |
B-1 and B-2 | C | NP | PTU
1 |
I-1 | P | C | PTU1 |
Note:
1. Temporary use up to 18 months.
C. General Requirements:
1. All wind energy conversion systems facilities shall comply with all Federal and State regulatory standards, rules and regulations, including the Federal Communications Commissions, Federal Aviation Administration, Minnesota Pollution Control Agency, and the Minnesota Department of Transportation.
2. All wind energy conversion systems facilities shall be designed, stamped and signed by a State licensed professional engineer.
3. All wind energy conversion systems facilities shall comply with all applicable State and local Building and Electrical Codes.
4. All wind energy conversion systems facilities shall require a building permit prior to construction in any zoning district. Towers shall be anchored in a stationary position. Manufacturer's specifications for the wind energy conversion systems and supporting structures shall be submitted with the building permit, including data and calculations regarding wind and icing loads.
5. For leased sites, written authorization for locating the wind energy conversion systems facilities from the owner (fee title holder) must be provided as set forth in subsection J13 of this section.
6. Proposals to erect new wind energy conversion systems shall be accompanied by any required Federal, State or local agency licenses or applications for such licenses. (Ord. 96, 6th Series, eff. 9-5-2017)
7. Wind energy conversion systems shall have one sign, not to exceed two (2) square feet, posted at the base of the tower stating the manufacturer's name, emergency telephone number, shutdown procedures and high voltage warning. (Ord. 5, 7th Series, eff. 1-2-2018)
8. The City's building and zoning officials shall be notified in writing of any change in ownership of wind energy conversion systems or meteorological facility. All conditions imposed as a part of the original permit approval shall not be affected by the change.
9. Wind energy conversion systems shall be located on a parcel of land so as to have the least wind development impact on adjoining properties, and any negative impact of the wind energy conversion systems shall be confined as much as possible to the property on which the facility is located. Landscaping may be required in order to minimize the visual impact of the wind energy conversion system.
10. Wind energy conversion systems consisting of multiple wind turbines shall be located at least one and one-fourth (11/4) times the total height of the wind energy conversion systems from others proposed, or any other existing wind energy conversion systems.
11. Wind energy conversion systems designs are required to be an open framework or monopole configuration, and use of guy wires is prohibited. Permanent platforms or structures exclusive of the wind energy conversion systems that serve to increase off site visibility are prohibited.
12. The applicant shall provide documentation or other evidence from the dealer or manufacturer that the wind energy conversion systems have been successfully operated in atmospheric conditions similar to conditions found within the City.
13. The owner of the wind energy conversion systems facility shall provide, at their expense, any specialized training and equipment required to provide emergency services.
14. All wind energy conversion systems shall not have rotor dimensions greater than thirty feet (30') in diameter.
15. Wind energy conversion systems facilities shall utilize building materials, colors and textures that are compatible with the existing principal structure and that effectively blend the system facilities into the surrounding setting and environment to the greatest extent possible. Rotor blades shall be nonmetallic to prevent communication signal interference. Metal towers shall be constructed of or treated with corrosive resistant material. (Ord. 96, 6th Series, eff. 9-5-2017)
D. Prohibitions:
1. No wind energy conversion systems or meteorological towers shall have a total height over one hundred fifty feet (150') in a Business Zoned District, or have a total height over two hundred feet (200') in an Industrial Zoned District. (Ord. 5, 7th Series, eff. 1-2-2018)
2. No wind energy conversion systems or meteorological tower facility shall be approved for installation in a Residential Zoned District in the City. (Ord. 96, 6th Series, eff. 9-5-2017)
3. No sign shall be affixed to any wind energy conversion systems or meteorological tower except as may be required under any applicable Federal, State or local law. (Ord. 2, 7th Series, eff. 11-6-2017)
4. Wind energy conversion systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.
5. No part of any wind energy conversion system shall extend across or over any right-of-way, public street, highway, sidewalk or property, or within a public or private utility and drainage easement.
6. Electrical controls and control wiring and power lines shall be wireless or not aboveground, except where a wind farm collector is brought together for connection to the transmission or distribution network, adjacent to that network.
7. Wind energy conversion systems shall not interfere with hospital helicopter approach or departure corridors. (Ord. 96, 6th Series, eff. 9-5-2017)
E. Design And Performance Standards:
1. Setbacks: The following setbacks and separation requirements shall apply to all meteorological towers and wind energy conversion systems facilities; provided, however, that the City Council may reduce the standard setbacks and separation requirements by variance if the intent of this section would be better served thereby. All required setbacks shall be measured from the base of the wind energy conversion systems or meteorological towers. (Ord. 5, 7th Series, eff. 1-2-2018)
a. Inhabited Structures:
(1) Meteorological towers, noncommercial and commercial wind energy conversion systems facilities shall be set back from the nearest Residential Zoning District boundary line, school, hospital, church, public building or public park, a distance no less than two thousand feet (2,000'). Setbacks to principal structures on the property shall be distance of no less than one and one-half (11/2) times the total height.
(2) All new residential dwellings must be set back six hundred feet (600') from any wind energy conversion system wind turbine or meteorological tower, unless the dwelling owner and turbine/tower owner is the same. In such case, the dwelling setback shall be no less than one and one-half (11/2) times the total height.
b. Property Lines: Each wind turbine shall be set back from the nearest property line a distance no less than two (2) times its total height.
c. Public Roads: Each wind turbine shall be set back from the nearest public road a distance no less than one and one-fourth (11/4) times its total height, determined at the nearest boundary of the underlying right-of-way for such public road or planned public road.
d. Communications And Electrical Lines: Each wind energy conversion system wind turbine shall be set back from the nearest aboveground public electric power line or communication lines a distance no less than one and one-fourth (11/4) times its total height, determined from the existing overhead power line or communication lines.
e. Historic Districts: All wind energy conversion systems facilities proposed to be located in or near historic preservation landmarks and districts and in or near potential historical preservation landmarks and districts, shall be reviewed for approval by the City's Heritage Preservation Commission and the Minnesota Historical Preservation Office prior to the approval of a building permit.
2. Noise:
a. A wind energy conversion system facility permit shall not be granted unless the applicant demonstrates that the proposed project complies with all noise regulations as required. (Ord. 96, 6th Series, eff. 9-5-2017)
b. The applicant shall submit a noise study, prepared by a qualified professional, as applicable. The City Council or their representative shall determine the adequacy of the noise study and, if necessary, require further submissions. (Ord. 5, 7th Series, eff. 1-2-2018)
c. The City Council may impose a noise setback that exceeds the other setbacks set in this section, if they deem that such greater setbacks are necessary to protect the public health and safety of the community.
d. In the event the noise levels resulting from the wind energy conversion systems exceed the criteria listed above, a waiver to said levels may be granted by the City Council; provided, that the following has been accomplished:
(1) Written consent from the affected property owners has been obtained stating that they are aware of the wind energy conversion system and the noise limitations imposed by this section, and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed; and
(2) If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent noise impact easement is required to be recorded with the City and at the Morrison County Recorder's Office, which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this section may exist on or at the burdened property.
3. Minimum Ground Clearance: The rotor blade arc created by the wind energy conversion system shall have a minimum of thirty feet (30') of clearance over any structure and vegetation and between the rotor blade's lowest point and the ground.
4. Signal Interference: The applicant shall minimize or mitigate any interference with communications facilities, such as radio, cell tower systems, microwaves and telephone or television signals caused by any wind energy conversion system. Disturbances shall be reduced to the satisfaction of the affected parties and City Council. (Ord. 96, 6th Series, eff. 9-5-2017)
5. Safety:
a. All wiring between wind turbine towers and the wind energy conversion systems substation shall be underground. (Ord. 5, 7th Series, eff. 1-2-2018)
b. Wind turbine towers and meteorological towers shall not be climbable up to twelve feet (12') above the ground level.
c. All access doors to wind turbine towers or meteorological and electrical equipment shall be lockable and locked during unattended times.
d. Appropriate warning signage shall be placed on wind turbine towers, electrical equipment, and wind energy conversion systems entrances.
e. The City Council may require that wind energy conversion systems or meteorological sites be enclosed by security fencing and be equipped to deter the general public from obtaining access to the site. All access gates, doors and cabinets to the wind turbine towers and electrical equipment shall be lockable and locked when not attended.
f. Each wind energy conversion system shall be equipped with both a manual and automatic braking system.
F. Application: Building permits, conditional use permits and variances shall be applied for and reviewed under the procedures of this section and other provisions of this chapter.
1. A building permit is required prior to the construction or installation of any wind energy conversion system or meteorological facility.
2. Wind energy conversion system uses and facilities requiring a conditional use permit under this section shall be considered by the Planning Commission and the City Council upon submittal and approval of a properly completed application. The City Council may impose such conditions on the granting of a conditional use permit as may be necessary to carry out the purpose and intent of this section, and to maintain compatibility with the City's Comprehensive Plan and provisions of this Code.
3. In addition to the application required, established elsewhere in this section, all permit applications for new wind energy conversion system facilities shall include the following information:
a. Site Plan: A scaled site plan of the project site. In addition to requirements found elsewhere in this section, the site plan shall indicate the project area boundaries, wind turbine locations, roads, transformers, power lines, communication lines, interconnection points with transmission lines, and other ancillary facilities or structures. The applicant shall also provide a detailed aerial photo of the surrounding area within one thousand three hundred twenty feet (1,320') of the proposed wind energy conversion system location. The photo shall clearly show location and distances to wetlands, rivers and streams, lakes, scenic and natural areas; and significant or potential historic sites; all public parks, and distances to residential dwellings, structures and other structures.
b. Stamped Report: A report stamped by a State licensed professional engineer and other professionals which:
(1) Certifies that a detailed engineering soils report has been completed and that the design of the tower foundation is based on that report. (Ord. 96, 6th Series, eff. 9-5-2017)
(2) Describes the number of structures, structure total height and tower height and design, including a cross section, rotor diameter and direction, elevation and foundation design.
(3) Specific information on the type size, height, color, rotor material, rated power output, performance, safety, and noise characteristics of each commercial wind turbine model, tower and electrical transmission equipment. (Ord. 5, 7th Series, eff. 1-2-2018)
(4) Certifies the structure's compliance with structural and electrical standards.
(5) Identifies the location of all sites that were considered as possible alternatives to the site applied for.
(6) Describes the lighting and/or painting to be placed on the structure if required by the Federal Aviation Administration.
(7) Describes how the requirements and standards of this section will be met by the proposed facilities.
c. Landowner Acknowledgment: Written acknowledgement by the landowner (fee title holder) of a leased site is needed, that he/she will abide by all applicable terms and conditions of the building and/or conditional use permit, including the restoration and reclamation requirements of this section. Such acknowledgement shall be applicable to all future landowners (fee title holders).
d. Noise Report: A noise report that shall, at minimum, include the following:
(1) A description and map of the project's noise producing features, including the range of noise levels expected, and the tonal and frequency characteristics expected, and the basis of the expectation; and
(2) A description and map of the noise sensitive environment, including any sensitive noise receptors, (i.e., residences, hospitals, libraries, schools, places of worship and other facilities where quiet is important within 1 mile of the proposed facility); and
(3) A list of the applicable noise laws, plans and ordinances; and
(4) A survey and report prepared by a qualified professional engineer that analyzes the preexisting ambient noise regime, including seasonal variation, but not limited to separate measurements of low frequency and A-weighted noise levels across a range of wind speeds, including near cut-in, turbulence measurements, distance from the turbines, location of sensitive receptors relative to wind direction; and
(5) A description and map of the cumulative noise impacts; and
(6) A description of the project's proposed noise control features, including specific measures proposed to protect workers, and specified measures proposed to mitigate noise impacts for sensitive receptors to a level of insignificance; and
(7) Identification of any problem areas; and
(8) Summary of project developer's proposed noise compliant resolution program; and
(9) Manufacturer's noise design and field testing data, both audible (dBA) and low frequency (deep based vibration) for all proposed structures.
e. Ice Throws: A report from a State professional engineer that calculates the maximum distance that ice from the turbine blades could be thrown. The basis of the calculation and all assumptions must be disclosed and the incidence of reported ice throws and the conditions reported at the time of the ice throw.
f. Location Of Airports: Location of all known public or private airports or heliports within five (5) miles of the proposed wind energy conversion system.
g. Application: A wind energy conversion system application shall include a plan outlining the anticipated life of the project and the means and estimated costs, including identified financial resources available, for removing the wind energy conversion system at the end of serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a professional engineer or a contractor capable of decommissions or a person with suitable expertise or experience with decommissioning.
h. Power: Evidence of power purchase contracts and power transmission contracts, and means of interconnecting with an electrical grid, if applicable, or documentation that the power will be utilized on site.
i. Additional Information: Additional information and analysis:
(1) A copy of all required Federal, State or local agency licenses and/or compliance approvals shall be submitted with the permit application.
(2) A copy of notifications sent by the applicant to all communication tower operators within two (2) miles of the proposed wind energy conversion system location.
(3) The City Council or their representative may, at their discretion, require visual impact demonstrations, including mockups and/or photo images, screening and required signage plans, alternate site analysis, lists of other nearby wind energy conversion systems facilities, or design alternatives for the proposed facilities.
(4) The City Council or their representative may employ, on behalf of the City, an independent technical expert to review technical materials submitted by the applicant or to prepare any technical materials required but not submitted by the applicant. The applicant shall pay the reasonable costs of such review and/or independent analysis.
4. A building permit for a wind energy conversion system facility shall expire six (6) months after issuance if the wind energy conversion system and/or supporting facilities have not been erected. The City Council or their representative, due to unforeseen or extenuating circumstances, may grant an extension of time not to exceed six (6) months per request. No fee will be charged for an extension.
G. Abandoned Or Unused Wind Energy Conversion System Or Portion Thereof:
1. Obsolete Wind Energy Conversion Systems:
a. All obsolete or unused wind energy conversion systems and accompanying accessory facilities shall be removed within six (6) months of the cessation of operations, unless a time extension is approved by the City Council. If a time extension is not approved, the facilities may be deemed hazardous, substandard and/or nuisance pursuant to Minnesota Statutes 463.15, 561.01 through 561.03, and 429.101, as amended from time to time, and all applicable laws under this Code. After the facilities are removed, the site shall be restored to its original condition or to an improved condition, and anchoring elements shall be removed from the average finish grade to a minimum of three feet (3') below ground level. The existence of the remaining footing elements, if not removed, shall be disclosed and evidenced on the deed recorded at the Morrison County Recorder's Office. If removal and/or restoration are not completed within ninety (90) days of the expiration of the six (6) month period specified herein, the City is authorized to complete the removal and site restoration, with all costs being assessed against the property as a special assessment.
b. In the event a wind energy conversion system is determined to be a nuisance, the City may act to abate such nuisance and required removal of the facility at the leaseholder's or property owner's expense.
2. Notice Of Intent To Cease Operations:
a. The leaseholder shall provide the City with a copy of the notice and date of intent to cease operations, and shall give six (6) months from the date the operations cease to remove the obsolete wind energy conversion system and all accessory structures.
b. The equipment on the ground is not to be removed until the wind energy conversion system structure has first been dismantled. (Ord. 96, 6th Series, eff. 9-5-2017)
c. After the facilities are removed, the site shall be restored to its original or to an improved condition. (Ord. 5, 7th Series, eff. 1-2-2018)
H. Additional Requirements:
1. Structural Inspections:
a. The City may conduct inspections at any time, upon reasonable notice to the property owner and the wind energy conversion system owner for the purpose of determining if it complies with the Minnesota State Building Code and all other construction standards provided for in Federal and State law, as well as this Code. The City expenses related to such inspections may be borne by the wind energy conversion system owner or property owner. Based upon the results of an inspection, the City may require repair, modification or removal of the facilities.
b. Deviation from original construction for which a permit is obtained constitutes a violation of this section.
c. Notice of violation will be sent by postal mail to the owner and the owner will have thirty (30) days from the date the notification was issued to make repairs.
2. Maintenance: Wind energy conversion system facilities must be maintained in accordance with the following provisions:
a. Owners must install and maintain wind energy conversion system facilities in compliance with the requirements of the National Electrical Code, and all Federal, State and local regulations, and in such a manner that they will not interfere with the use of other property, nor cause damage, injuries or nuisances to the public.
b. Wind energy conversion system facilities and support structures must be kept and maintained in good condition, order and repair.
c. Maintenance or construction of a wind energy conversion system facility support structure must be performed by qualified maintenance and construction personnel. (Ord. 96, 6th Series, eff. 9-5-2017)
I. Building Mounted Wind Energy Conversion System Facilities: Notwithstanding the height limitations of the zoning district, and where not specially prohibited by this section, building mounted wind energy conversion system facilities shall be allowed in business and industrial zoning districts. Permitting is subject to administrative review and approval of a properly completed application by the City Council or their representative, under the provision of this section and as established in this section and this Code. In addition, all building mounted wind energy conversion system facilities shall comply with the following standards and regulations: (Ord. 5, 7th Series, eff. 1-2-2018)
1. A building permit is required prior to the construction or installation of any building mounted wind energy conversion system facility.
2. Building mounted wind energy conversion system facilities shall be prohibited on structures less than forty two feet (42') in height, based on the average grade surrounding the building.
3. Building mounted wind energy conversion system facilities shall be installed above the roof surface.
4. The total height of the building mounted wind energy conversion system facilities shall not exceed fifteen feet (15') above the highest point of the roofline. Evidence will be provided showing adequate clearance and protection from the rotor blade rotation as approved by the City Council or their representative.
5. Building mounted wind energy conversion system facilities shall be set back at least twenty feet (20') from the front walls and fifteen feet (15') from the side and rear walls of the structure upon which it would be mounted. (Ord. 96, 6th Series, eff. 9-5-2017)
6. The applicant will provide plans and evidence to the City Council or their representative's satisfaction, that the structure upon which the proposed wind energy conversion system facility is to be mounted shall have the structural integrity to carry the weight and wind loads of the wind energy conversion system and have minimal vibration impacts on the structure. Wind energy conversion system facilities shall comply with all applicable State and local Building and Electrical Codes. (Ord. 5, 7th Series, eff. 1-2-2018)
7. Evidence of power purchase contracts and power transmission contracts and means of interconnecting with an electrical grid, if applicable, or documentation that the power will be utilized on site.
8. Building mounted wind energy conversion system facilities shall be prohibited in the Mississippi Headwaters Corridor Overlay District.
J. Temporary Meteorological Equipment: Temporary meteorological equipment located upon a temporary tower used on a temporary basis to gather wind and meteorological data to determine feasibility of a wind energy conversion system shall require a permit to allow temporary use under this section. Permitting is subject to administrative review and approval of a properly completed application by the City Council or their representative, under provisions of this section and as established in this section and under this Code. In addition, all meteorological facilities shall comply with the following standards and requirements:
1. A building permit is required prior to the construction or installation of any meteorological facility.
2. No more than one such meteorological facility shall be permitted on a lot at one time.
3. The meteorological facility shall be placed on property for no longer than eighteen (18) months from the date of permit issuance. Any abandoned or obsolete temporary tower and associated equipment shall be removed within thirty (30) days from the cessation of operation at the site. If removal and restoration are not completed within the period specified herein, the City is authorized to complete the removal and site restoration at the leaseholder's or property owner's expense.
4. The tower shall be temporary by nature and shall not have permanent foundations. Guy wires may be used as long as the connections to the ground are temporary and the wires are designed to support the wind and ice load of the tower.
5. The tower and any related guy wire should be protected against unauthorized climbing.
6. The tower shall meet all setback requirements of this section.
7. The tower shall be grounded and shielded to protect against natural lightning strikes, in conformance with the National Electrical Code.
8. No tower shall have affixed or attached lights, reflectors, flashers, or any other illumination, except for those devices required or approved by the Federal Aviation Administration.
9. Meteorological generators shall comply with all Minnesota Rules 7030, as amended, governing noise and this Code, as amended and applicable.
10. The color of the meteorological facility shall be nonreflective and nonobtrusive.
11. Warning signs with the telephone number of the owner shall be displayed at the site.
12. Qualified maintenance and/or construction personnel must perform maintenance and construction of meteorological facility. Commonly accepted methods and devices must be employed to prevent failures and accidents that are likely to cause damage, injuries or nuisances to the public.
13. In addition to the application requirements established elsewhere in this section, all permit applications for temporary meteorological facilities shall include the following information:
a. In addition to requirements found elsewhere in this section, the scaled site plan shall indicate the project area boundaries, wind turbine locations, roads, transformers, power lines, interconnection points with transmission lines, and other ancillary facilities or structures. The applicant shall also provide a detailed aerial photo of the area within one thousand three hundred twenty feet (1,320') of the proposed temporary surrounding meteorological facility location. The photo shall clearly show location and distances to wetlands, rivers and streams, lakes, scenic and natural areas, significant or potential historic sites, all public parks, and distances to residential dwellings, structures and other structures.
b. Written acknowledgement by the landowner (fee title holder) is required on a leased site that they will abide by all applicable terms and conditions of all permits, including the restoration and reclamation requirements of this section. Such acknowledgement shall be applicable to all future landowners (fee title holders).
c. Submittal of a report stamped by a State licensed professional engineer and other professionals which:
(1) Certifies that a detailed engineering soils report has been completed and that the design of the temporary meteorological facility is based on that report;
(2) Certifies the structure's compliance with structural and electrical standards;
(3) Describes the lighting and/or painting to be placed on the structure, if needed, by the Federal Aviation Administration; and
(4) Describes how the requirements and standards of this section will be met by the proposed temporary meteorological facility.
d. A copy of all required Federal, State and/or local agency licenses and/or compliance approvals shall be submitted with the permit application.
K. Liability Insurance: All wind energy conversion systems or meteorological facilities must be adequately insured for injury and property damage. Proof of insurance with the City named as an additional insured is required to be provided.
L. Transferability: All permits issued under this section shall be made transferable, and all subsequent holders of such permits shall be subject to all applicable requirements of this section as a whole, and any permit conditions that may exist. Written notice shall be made to the City Council within thirty (30) days of such transfer. (Ord. 96, 6th Series, eff. 9-5-2017)