(A) Purpose and intent. The Board of Supervisors finds and declares that:
(1) Wind energy is a renewable energy resource that contributes to the national goals of energy independence, and the development of this energy resource is consistent with the Northampton County Comprehensive Plan.
(2) Small wind turbines, turbines, and windmills if not properly sited and developed, have the potential for causing adverse impacts to wildlife, and health, safety and quality of life for county residents.
(3) In order to protect the general safety and welfare of Northampton County residents, the standards and conditions of this section must be met before any wind turbine or windmill may be approved or constructed for on-site residential, institutional, commercial or farm use.
(B) Definitions. For the purpose of this section, the following definitions shall apply.
ANEMOMETER. An instrument which measures the wind speed and may transmit wind speed data to the controller.
FALL ZONE. Furthest distance from the tower base in which a wind turbine will collapse in the event of a structural failure.
HYBRID SYSTEM. An energy system that uses more than one technology to produce energy (for example a wind/solar system).
kW. Kilowatt.
MW. Megawatt.
RATED NAMEPLATE CAPACITY. The maximum rated output of electric power production equipment. The output is typically specified by the manufacturer with a "nameplate" on the equipment.
ROTOR DIAMETER. The diameter of the circle described by the moving blades.
SHADOW FLICKER. The visible flicker effect when rotating blades cast shadows on the ground and nearby structures causing the repeating patterns of light and shadow.
SMALL WIND TURBINES. A system with a rated capacity of not more than 10 kW for residential use and not more than 100 kW for other uses and used solely for onsite use of electrical power.
SURVIVAL WIND SPEED. Maximum speed a small wind turbine or windmill is designed safely to withstand.
TOTAL HEIGHT. The highest point, above ground level, reached by the highest vertical extension of the blade, including the tower height.
TOWER. The structure on which the small wind turbine or windmill is mounted.
TOWER HEIGHT. The height above grade of the fixed portion of the tower, excluding the rotor blades.
WIND POWER. Conversion of wind energy into another form of energy.
WINDMILL. A machine designed to convert the energy of the wind into more useful forms using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or pumping water.
(C) Use regulations. No small wind turbines or windmills shall be constructed, modified or operated in Northampton County except in compliance with this section.
(1) Small wind turbines and windmills of less than 35 feet in total height are allowed by right in all districts, subject to the performance standards in subsection (D) below.
(2) Small wind turbines, and windmills of 36 feet to 120 feet in total height require a minor special use permit as indicated in Appendix A, use regulations, and are subject to the performance standards in subsection (D) below.
(D) Performance standards. The following performance standards related to health, safety and welfare of the community apply to small wind turbines and windmills as noted and related infrastructure, unless specifically waived as part of a permit:
(1) Small wind turbines and windmills are accessory uses.
(2) All small wind turbines and windmills, including the electrical and mechanical components, shall conform to relevant and applicable local, state and national safety and performance codes, including, but not limited to the Uniform Statewide Building Code and National Electrical Code.
(3) A building permit is required for the installation of any small wind turbine or windmill.
(4) All power transmission lines from a small wind turbine or windmill to any building or other structure shall be located underground to the maximum extent practicable.
(5) No advertising signs are allowed on any part of a small wind turbine or windmill and associated facilities.
(6) No tower shall be lit except to comply with FAA requirements.
(7) Tubular, monopole towers shall be used whenever practicable.
(8) Small wind turbines and windmills shall be designed and installed to minimize impacts of land clearing and the loss of open space areas.
(9) Small wind turbines and windmills shall be located so as to prohibit shadow flicker on off-site residential structures.
(10) Noise from a small wind turbine or windmill shall not exceed 50 decibels as measured at the closest property line.
(11) Small wind turbines and windmills shall be painted a single, non-reflective, non-obtrusive color.
(12) Small wind turbines and windmills shall have both a manual and an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components.
(13) Towers shall be designed to prevent unauthorized external access to electrical and mechanical components.
(14) The survival wind speed shall be at least 115 miles per hour.
(15) All small wind turbines and windmills will be UL approved for the U.S. grid system if they are to be connected to the grid.
(16) The lowest point of any blade will be a minimum distance of 12 feet from the ground.
(17) No more than one small wind turbine or windmill shall be allowed per parcel in all districts with the exception of the Agriculture/Rural Business District, in which more than one may be allowed.
(18) If a small wind turbine or windmill remains nonfunctional for a continuous period of two years, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned structure at his/her own expense. Removal includes the entire structure, including foundations to below natural grade, and transmission equipment.
(E) Setbacks, densities, lot sizes, and dimensions for small wind turbines and windmills.
(F) Submission requirements. Applicants for a minor special use permit for a small wind turbine or windmill shall submit, in addition to any other requirements as specified in § 154.2.042(B)(1)(b), the following:
(1) A vertical drawing of the small wind turbine or windmill showing total height, turbine dimensions, tower and turbine colors, and distance between ground and lowest point of any blade.
(2) A plot plan in sufficient detail to show the following:
(a) Property lines and physical dimensions of site.
(b) Location, elevation, approximate dimensions, and types of major existing structures, including all residences, ancillary facilities or structures and uses on site, public roads and adjoining property lines within distance of total height.
(c) To demonstrate compliance with set-back requirements of subsection (E), a circle drawn around the proposed tower location equal to 1.2 times the total height.
(d) A line drawing of electrical components of the small wind turbine or windmill in sufficient detail to demonstrate compliance with the National Electrical Code, including the presence of an automatic turn off in the event of an electrical failure and a disconnect switch accessible to utility workers.
(Ord. passed 4-12-2016)