The purpose of this Chapter is to preserve and protect the public health and safety and to promote the orderly land use and development of the Village of New London. This Chapter establishes minimum requirements for small wind energy systems, commercial wind energy systems and towers as defined herein.
(a) Applicability: The requirements of this Chapter shall apply to all small wind energy systems, commercial wind energy systems or tower proposed after the effective date of this Chapter. Any system that has been installed, but not used for two consecutive years, may not be subsequently used without meeting the requirements of this Chapter. No pre-existing system shall be altered in any manner that would increase the degree of non-conformity with the requirements of this Chapter and no alterations shall be made to a non-conforming, pre-existing system during its life which exceeds 50 percent of its fair market value. If such system is destroyed or damaged to the extent of more than 50 percent of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this Chapter.
(b) Small Wind Energy System Requirements:
(1) Permitted locations: A small wind energy system is permitted in any zoning district.
(2) Minimum lot size: No wind energy system shall be erected on any lot less than one acre in size.
(3) Total height: For property sizes between one acre and two acres, the total height of any tower shall not exceed 60 feet. For property sizes between two and five acres, the total height shall not exceed 80 feet. For property sizes greater than five acres, the total height shall not exceed 100 feet. Total height means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
(4) Location: No small wind energy system shall be located in any front or side yard.
(5) Setbacks:
A. Property lines: A small wind energy system or tower shall be set back from the nearest property line, public road right-of-way and communication and electrical line not less than 1.1 times its total height.
B. Inhabited structures: A small wind energy system, or tower shall be set back from the nearest inhabited building not less than 1.5 times its total height.
(6) Design standards:
A. Monopole or freestanding design: The design of the small wind energy system or tower shall be of a monopole or freestanding design without guy wires.
B. Minimum blade height: The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure or obstacle within 100 feet from the tower.
C. Access: No tower shall have a climbing apparatus within 15 feet of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked.
D. Noise: No small wind energy system shall exceed 60 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring inhabitable building.
E. Visual appearance: Small wind energy and/or tower systems shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective. No small wind energy system or tower shall be lighted unless required by the FAA. No flags, streamers, decorations, advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system and/or tower.
F. Electrical interconnections: All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
G. Signal interference: Efforts shall be made to site small wind energy systems or towers to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system or tower owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system or tower shall cause permanent and material interference with television or other communication signals.
H. Over-speed controls: Every small wind energy system shall be equipped with both manual and automatic over-speed controls.
(7) Permit applications: Application for a small wind energy system and/or tower shall include the following information:
A. Site plan to scale showing the location of the proposed small wind energy system and/or tower and the locations of all existing buildings, structures and property lines, along with distances.
B. Elevations of the site to scale showing the height, design and configuration of the small wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.
C. Standard drawings and an engineering analysis of the systems tower, including weight capacity.
D. A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site.
E. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system; including, the name and address of the manufacturer, model and serial number.
F. Emergency and normal shutdown procedures.
G. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
H. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator; unless, the system will not be connected to the electricity grid.
(c) Commercial Wind Energy System Requirements:
(1) Permissible locations: A commercial wind energy system may be permitted as a conditional use in General Commercial or Industrial Districts.
(2) Minimum parcel size: No commercial wind energy system shall be erected on any parcel less than 10 acres in size without being granted a variance.
(3) Total height: The total height of a commercial wind energy system shall not exceed 150 feet. Total height means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
(4) Setbacks:
A. Property lines: A commercial wind energy system shall be set back from the nearest property line and public road right-of-way not less than 500 feet.
B. Other uses: No commercial wind energy system shall be located within 1,000 feet of a platted subdivision, park, church, school or playground.
C. Inhabited structures: A commercial wind energy system shall be set back from the nearest inhabited building, power line or communication line, not less than 1.5 times its total heights.
D. Design standards: A commercial wind energy system shall comply with the design standards set forth in Section 1117.22 (b)(6)(A through G).
E. Permit applications: A commercial wind energy system shall comply with the permit application requirements set forth in subparagraphs A. through H. of Section 1117.22(b)(7).
F. Multiple wind energy systems: shall not be permitted without approval by the Planning Commission.
(d) Non-use:
(1) Any small wind energy system, commercial wind energy system or tower which complies with the terms of this Chapter which is not used for two (2) years, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Chapter.
(2) Any small wind energy or commercial wind energy system which is nonconforming and which is not used for one (1) year, excluding repairs, shall be removed within the following six (6) months. Failure to remove the system shall be deemed a violation of this Chapter.
(Ord. 2015-09. Passed 7-13-15.)