(A) Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.
(B) Definitions. The following are defined for the specific use of this section.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
SMALL WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-site consumption of utility power.
STRUCTURALLY MOUNTED SYSTEM. A small wind energy system that mounted on a building including residential dwellings.
TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.
TOWER HEIGHT. The height above grade of the first fixed portion or stub portion of the tower, excluding the wind turbine itself.
(C) Requirements. Certain requirements as set forth below shall be met:
(1) Tower height.
(a) For property sizes between 1/2 acre and 1 acre the tower height shall be limited to 80 feet.
(b) For property sizes of 1 acre or more, there is no limitation on tower height, except as imposed by FAA regulations.
(2) Setbacks. No part of the wind system structure, including guy-wire anchors, may extend closer than accessory building setbacks of the appropriate zoning district to the property lines of the installation site.
(3) Noise.
(a) Small wind energy systems shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling unit.
(b) The noise level may be exceeded during short term events such as utility outages and/or severe wind storms.
(4) Approved wind turbines. Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.
(5) Compliance with Building and Zoning Codes.
(a) Applications for small wind energy systems shall be accomplished by standard drawings of the wind turbine structure, including the tower base, and footings.
(b) An engineering analysis of the tower showing compliance with official building code of the governing body and/or the State of Nebraska certified by a professional engineer licensed and certified in Nebraska shall also be submitted.
(c) The manufacturer frequently supplies this analysis.
(d) Wet stamps shall not be required.
(6) Compliance with FAA and NDA Regulations. Small wind energy systems must comply with applicable FAA and NDA regulations, including any necessary approvals for installations close to airports.
(7) Compliance with National Electrical Code.
(a) Permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(b) The manufacturer frequently supplies this analysis.
(8) Utility notification.
(a) No small wind energy system shall he installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator.
(b) Off-grid systems shall be exempt from this requirement.
Wind Turbine - Non-commercial | Meteorological Towers |
Wind Turbine - Non-commercial | Meteorological Towers | |
Property lines (other than right angle corners | One times the total height | One times the total height |
Neighboring dwelling units* | One times the total height | One times the total height |
Road rights-of-way** | One times the total height | One times the total height |
Other rights-of-way | One times the total height | One times the total height |
Public conservation lands including wildlife management areas and state recreation areas | N/A | 600 feet |
Wetlands, USFW types III, IV, and V | N/A | 600 feet |
Other structures not on the applicant's site | N/A | One times the total height |
River bluffs over 15 feet | N/A | One times the total height |
* The setback for dwelling units shall be reciprocal in that no dwelling unit shall be constructed within the same distance required for a non-commercial wind turbine. ** The setback shall be measured from any future rights-of-way if a planned change or expanded right-of-way is known. | ||
(D) Commercial/utility grade wind energy systems.
(1) Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind energy systems within North Platte.
(E) Definitions. The following are defined for the specific use of this section.
AGGREGATE PROJECT. Projects that are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility maybe owned by a separate entity but are also part of the aggregated project.
COMMERCIAL WECS. A wind energy conversion system of equal to or greater than 100 kW in total name plate generating capacity.
FAIL ZONE. The area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.
METEOROLOGICAL TOWER. A tower which is erected primarily to measure wind speed and directions plus other data relevant to siting a wind energy conversion system. Meteorological towers do not include towers and equipment used by airports, the NDOR, or other applications to monitor weather conditions.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.
TOWER. The vertical structures that support the electrical, rotor blades, or meteorological equipment.
TOWER HEIGHT. The height above grade of the first fixed portion or stub portion of the tower, excluding the wind turbine itself.
WIND ENERGY CONSERVATION SYSTEM (WECS). An electrical generating facility comprised of 1 or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
WIND TURBINES. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.
(F) Requirements. Commercial/utility grade wind energy systems shall be permitted as a conditional use in the A-1, B-2, B-3, I-1 and I-2 Districts. Permanent meteorological towers shall be considered part of the system. Temporary meteorological towers may be permitted by a zoning (building) permit and limited to two years or less. The following requirements and information shall be met and supplied:
(1) The name(s) of project applicant;
(2) The name of the project owner;
(3) The legal description and address of the project;
(4) A description of the project of the project including; Number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the feeder lines;
(5) Site layout, including the location of property lines, wind turbines, electrical grid, and all related accessory structures. This site layout shall include distances and be drawn to scale;
(6) Engineer's certification;
(7) Documentation of land ownership or legal control of the property;
(8) The latitude and longitude of individual wind turbines;
(9) A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS not owned by the applicant, within 10 rotor distances of the proposed WECS;
(10) Location of wetlands, scenic, and natural areas (including bluffs) within 1,320 feet of the proposed WECS;
(11) An acoustical analysis that certifies that the noise requirements within this regulation can be met;
(12) FAA and NDA review and permit;
(13) Location of all known communication towers within 2 miles of the proposed WECS;
(14) Decommissioning plan including the financial means to implement the plan;\
(15) Description of potential impacts on nearby WECS and wind resources on adjacent properties not owned by the applicant.
(G) Aggregated projects.
(1) Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, public hearings, reviews and as appropriate approvals.
(2) Permits maybe issued and recorded separately.
(3) Joint projects will be assessed fees as 1 project.
(4) Setbacks to property lines, not road rights-of way, may be less when adjoining property owners are within the same aggregate project.
(H) Setbacks. All towers shall adhere to the setbacks as measured from the hub established in the following table:
WECS Wind Turbine - Commercial/Utility WECS | Meteorological Towers |
WECS Wind Turbine - Commercial/Utility WECS | Meteorological Towers | |
Property lines | Diameter plus applicable building setback; however, setback may be less when 2 adjoining property owners are within the aggregate project | One times the total height |
Neighboring dwelling units* | 2,000 feet | One times the total height |
Road rights-of-way** | One times the total height | One times the total height |
Other rights-of-way | One times the total height | One times the total height |
Public conservation lands including wildlife management areas and state recreation areas | One times the total height | 600 feet or a distance established by any state or federal agency |
Wetlands, USFW types III, IV, and V | 600 feet or a distance established by any state or federal agency | 600 feet or a distance established by any state or federal agency |
Other structures not on the applicant's site | One times the total height | One times the total height |
River bluffs over 15 feet | One times the total height | One times the total height |
* The setback for dwelling units shall be reciprocal in that no dwelling unit shall be constructed within the same distance required for a commercial/utility wind energy conversion system. ** The setback shall be measured from any future rights-of-way if a planned change or expanded right-of-way is known. | ||
(I) Special safety and design standards. All towers shall adhere to the following safety and design standards:
(1) Clearance of rotor blades or airfoils must maintain a minimum of 12 feet of clearance between their lowest point and the ground.
(2) All commercial/utility WECS shall have a sign or signs posted on the tower, transformer and substation, warning of high voltage. Other signs shall be posted at the entrance to the site with the 911 address and emergency contact information.
(3) All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a tubular, monopole type tower.
(4) Consideration shall be given to painted aviation warnings on all towers less than 200 feet.
(5) Color and finish. All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or another non-obtrusive color. Blades may be black in order to facilitate deicing; Finishes shall be matte or non-reflective.
(6) Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA and NDA permits and regulations. Red strobe lights shall be used during nighttime ulumination to reduce impacts on neighboring uses and migratory birds. Red pulsating incandescent lights should be avoided.
(7) Other signage. All other signage shall comply with the sign regulations found in these regulations.
(8) Feeder lines. All communications and feeder lines installed as part of a WECS shall be buried, where feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.
(9) 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 rules and regulations.
(10) Discontinuation and decommissioning.
(a) A WECS shall be considered a discontinued use after 1 year without energy production, unless a plan is developed and submitted to the Planning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to 4 feet below ground level within 180 days of the discontinuation of use. This period may be extended by the Planning Administrator following a written request by an agent of the owner of the WECS.
(b) Each WECS project under this section shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon being 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. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities.
(11) Noise. No commercial/utility WECS shall exceed 50 dBA at the nearest structure occupied by humans. Exception: a commercial/utility WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service.
(12) Interference. The applicant shall rninimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WECS. The applicant shall notify all communication tower operators within 5 miles of the proposed WECS location upon application to the city for permits.
(13) Roads. In regard to roads applicants shall:
(a) Identify all county, municipal or township roads to be used for the purpose of transporting WECS, substation parts, cement, and/or equipment for construction, operation or maintenance of the WECS and obtain applicable weight and size permits from the impacted jurisdictions prior to construction.
(b) Conduct a pre-construction survey, in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility.
(c) Be responsible for restoring the road(s) and bridges to pre construction conditions.
(14) 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.
(15) Permit fees. Applicant shall remit an application fee set by the Board of Cornmissioners.
(Ord. 3840, § 1, 4-3-2012)