(A) Purpose. The purpose of this section is to regulate the installation and operation of Wind Energy Conversion Systems (WECS) within the City of Monticello not otherwise subject to siting and oversight by the State of Minnesota under the Minnesota Power Plant Siting Act (M.S. Chapter 216E, as it may be amended from time to time).
(B) WECS Requirements.
(1) General standards.
(a) Number per lot. No more than one WECS per lot shall be permitted.
(b) Height and setbacks. In all zoning districts, the setback of any WECS or associated structures shall comply with the minimum yard requirements for principal structures within the district in which the WECS is to be located or the distance of 1.1 times the total height, whichever is greater.
(c) Tower configuration.
1. All wind turbines which are part of a commercial WECS shall be installed with a tubular, monopole type tower;
2. All non-commercial WECS shall be installed with monopole or lattice tower type;
3. No guyed towers shall be permitted.
(d) Color and finish.
1. All wind turbines and towers that are part of a commercial WECS shall be white, grey or another non-obtrusive color.
2. Finishes shall be matte or non-reflective.
3. Blades may be black in order to facilitate deicing.
(e) Lighting.
1. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations.
2. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds; red pulsating incandescent lights should be avoided.
(f) Other signage. All signage on site shall comply with City Code. The manufacturer’s or owner’s company name and/or logo may be placed upon the nacelle (compartment containing the electrical generator) of the WECS.
(g) Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.
(h) Shadow flicker. Shadow flicker may not exceed 30 hours per year and shall not fall more than ten feet from an existing residential property.
(i) Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
(j) Discontinuation and decommissioning.
1. A WECS shall be considered a discontinued use after 45 days without energy production, unless a plan is developed and submitted to the City of Monticello outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be completely removed within 90 days of the discontinuation of use.
2. Each commercial WECS shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. A security or bond in an amount sufficient to cover complete decommissioning process shall be required as a condition of the conditional use permit.
(k) Orderly development. Upon issuance of a conditional use permit, all commercial WECS shall notify the appropriate state agencies as may be required by state statute (e.g. Department of Commerce, Public Utilities Commission, Environmental Quality Board).
(2) Safety design standards.
(a) Engineering certification. For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(b) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(c) Warnings. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable location as determined by the city.
(d) Unauthorized climbing. The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be non-climbable by design or be enclosed by a six-foot-high, non-climbable fence with a secured access.
(3) WECS performance standards.
(b) Electrical codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electric Safety Code and other applicable standards.
(c) Federal Aviation Administration. All WECS shall comply with FAA standards and permits.
(d) Minnesota State Building Code. All WECS shall comply with the International Building Code as adopted by the State of Minnesota Building Code.
(e) Interference.
1. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals cause by any WECS.
2. The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for a WECS permit.
3. No WECS shall be constructed so as to interfere with any governmental unit microwave transmissions.
(f) Right of entrance. Through acceptance of a conditional use permit for a WECS, the owner/operator grants permission to the city to enter the property to remove the WECS pursuant to the terms of the conditional use permit and to assure compliance with other conditions set forth in the permit.
(g) Avoidance and mitigation of damages to infrastructure and utilities.
1. Roads.
a. Applicants shall identify all county, city or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete, and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction.
b. Applicants shall be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions.
2. Drainage system. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS.
3. Public and private utilities. The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning, or action otherwise resulting for any WECS.
(C) Required permits. No person, firm or corporation shall erect, construct in place, re-erect, replace or make structural repairs to any tower without making application for and receiving an approved conditional use or site plan approval and building permit, when applicable. In all cases, review by the Community Development Department for all required permits will be necessary. Site plans and conditional use permits shall be applied for and reviewed under the applicable procedures established in §§ 153.025 through 153.028.
(D) WECS permit and site plan application requirements.
(1) All applications for a WECS conditional use and/or site plan review shall provide the following to be considered complete:
(a) The names of project applicant;
(b) The name of the property owner;
(c) The legal description AND address of the project;
(d) A description of the project including:
1. Number of proposed units;
2. Type of units proposed for construction;
3. Name plate generating capacity of each unit;
4. Rotor diameter(s);
5. Tower height(s) determined by the distance from the surrounding grade to the rotor hub or top of the tower, whichever is higher; and
6. Total height of all wind turbines and means of interconnecting with the electrical grid.
(e) Property survey, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The survey shall include distances and be drawn to a measurable scale;
(f) Evidence that the applicant can obtain and maintain adequate liability insurance for the WECS and subject property;
(g) Engineer’s Minnesota State certification and project design specifications;
(h) Documentation of land ownership or legal control of the property.
(2) Additional submittal requirements for commercial WECS only:
(a) The latitude and longitude of individual wind turbines;
(b) A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS;
(c) Location of wetlands, scenic, and natural areas including bluffs within 1,320 feet of the proposed WECS;
(d) FAA permit application;
(e) Location of all known communications towers within two miles of the proposed WECS;
(f) Proof that the WECS will not interfere with emergency or other microwave transmission;
(g) A noise study, prepared by a qualified professional, that demonstrate that except for intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minn. Rules 7030 governing noise and § 153.091(A)(2)(f) of this chapter, as applicable;
(h) A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500 vehicles (ADT). The shadow flicker model shall:
1. Map and describe with a 1,000-foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, location of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;
2. Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations;
3. Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the WECS, a change in the operation of the WECS, or grading or landscaping mitigation measures.
(i) Decommissioning plan; and
(j) Description of potential impacts on nearby WECS and wind resources on adjacent properties.