In order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community, the purpose of this section is to regulate private use wind energy conversion systems (WECS) for the production of electricity for use on the subject site and for net metering through the power provider.
A. Applicability And Definition:
1. Private Use Wind Energy Conversion System (WECS): A private use wind energy conversion system consists of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to a lawful principal use. A system having a rated capacity of ten (10) kilowatts (kW) or less for residential use or one hundred (100) kW or less for nonresidential uses shall be considered a private system for the purposes of these regulations. Not more than one machine shall be allowed per parcel of land when the parcel is less than one acre in size.
2. Wind Machine: The individual component of a wind energy conversion system that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. This term shall include the towers or supporting structures.
3. Requirements: Private use wind energy conversion systems shall be allowed as accessory uses in all zoning districts without the requirement of special uses permit approval provided the system meets all other requirements of this section.
4. Review And Approval: All proposed private wind use energy conversion systems located within the village of Seneca downtown district or historical district must receive review and approval from the relevant committee, in addition to any other required approvals, prior to the submission of a building permit.
B. Standards:
1. Placement: A minimum parcel size of one acre is required for the placement of any horizontal axial wind turbine. Vertical axial wind turbines are permitted on any parcel. No part of a wind energy conversion system shall be located within or over drainage, utility or other established easements.
2. Maximum Number: A maximum of one wind machine per parcel is permitted on parcels less than one acre in size; a maximum of one wind machine per acre is permitted on parcels greater than one acre in size.
3. Setbacks; Private Use: Minimum setbacks for private use wind machines shall be a minimum of 1.25 times the total extended height from the project property lines adjacent to a residential, conservation or agricultural zoning district.
4. Anchors: Guywire anchors may not extend closer than ten feet (10') from any property line.
5. Setback; Nonresidential: A ten foot (10') minimum setback from any part of the machine, rotors or guywires to the property line of any nonresidential zoning district.
6. Setback; Residential: Wind machines shall not be located within front yard setback nor within the street side setback of any parcel of land in residential zoning districts.
7. Height: The maximum total extended height of a wind energy conversion system is sixty feet (60').
8. Tower Height: "Tower height" shall mean the height above adjacent grade of the fixed portion of the tower, excluding the wind turbine itself.
9. Extended Height: "Total extended height" shall mean the height above adjacent grade to a blade tip at its highest point of travel and including any other portion of the wind energy conversion system.
10. Lighting: Wind system towers shall not be artificially lighted unless required in writing by the federal aviation administration (FAA) or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground and no strobe lighting shall be permitted unless expressly required by the FAA.
11. Bolts Or Ladders: The tower shall be designed and installed so that there shall be no exterior bolts or a ladder on the tower readily accessible to the public for a minimum of twelve feet (12') above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot be readily climbed.
12. Electrical And Control Equipment: All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
13. Noise: All wind machines shall comply with the noise requirements in this section. These levels, however, may be exceeded during short term events such as utility outages and severe windstorms. A manufacturer's sound report shall be required with a building permit application.
14. Sound Levels: No wind machine or combination of wind machines on a single parcel shall create noise that exceeds a maximum of twenty five (25) decibels (dBA) at any property line where the property on which the wind machine is located or the abutting property is one acre or less or a maximum of fifty (50) decibels (dBA) at any other property line. Measurement of sound levels shall not be adjusted for, or averaged with, nonoperating periods. Any wind machine(s) exceeding these levels shall immediately cease operation upon notification of the village of Seneca and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by an independent third party inspector, approved by the village of Seneca, at the property owner's expense. Upon review and acceptance of the third party noise level report, the village of Seneca will allow operation of the affected wind machine(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by the village of Seneca, after a period established by the village of Seneca.
15. Sound Below Twenty Hertz: No wind machine or combination of wind machines shall be operated so that the impulsive sound below twenty (20) hertz adversely affects the habitability or use of any off site dwelling unit, hospital, school, library or nursing home.
16. Color: Wind machines, unless subject to any applicable standards of the FAA, shall be a nonreflective, nonobstructive color such as tan, sand, gray, black or similar colors. Galvanized steel or metal is acceptable for the support structures. Any painting or coating shall be kept in good repair for the life of the wind machine. In addition, any changes to the approved color shall result in the notification by the village of Seneca that the affected wind machine(s) shall cease operation until a color correction has been made. If the affected wind machine(s) are not repainted, using an approved color, within the period established by the village of Seneca, the owner shall remove the affected wind energy conversion system(s).
17. Electrical Wires: All electrical wires leading from the tower to electrical control facilities shall be located underground.
18. Maintenance: Wind machines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards, and shall be free of rust.
19. Advertising Sign: The only advertising sign allowed on the wind machine shall be a manufacturer's label, not to exceed one square foot in size, located on the generator housing.
20. Compliance: All wind machines shall comply with applicable FAA regulations, including necessary approvals for installation.
21. Ice Throw Or Ice Shedding: The potential for ice throw or ice shedding from the proposed wind machine shall not cross the property lines of the site.
22. Construction: Evidence shall be submitted with a building permit application that the wind machine has been constructed in accordance with accepted industry standards and is certified safe by the manufacturer; the wind machine shall be operated with local best engineering practices.
23. Recommended Standards: The following items are recommended standards to mitigate visual impact:
a. Coating And Coloring: Nonreflective, unobtrusive color. Black blades are acceptable for mitigation of icing.
b. Turbine Consistency: To the extent feasible, the project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction. Turbines shall also be consistent in color and direction with nearby facilities.
C. Repair And Removal Of Wind Machines:
1. Any wind machine found to be unsafe by an official of the village of Seneca shall immediately cease operation upon notification by the village of Seneca and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six (6) months. The owner of the wind machine shall remove wind machines that have not operated during a continuous period of twelve (12) months.
2. When a wind machine is removed from a site, all associated and ancillary equipment including batteries, structures or support(s) for that system shall also be removed. For the purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the wind machine remaining stationary so that wind resources are not being converted to electric or mechanical energy, or the wind machine is no longer connected to the public utility electricity distribution system.
D. Mounting Of Wind Machines:
1. Attachment of the wind machine, including any support or structural components to any building or structure shall be in strict compliance with the village of Seneca building codes and regulations.
E. Compliance With Regulations:
1. All systems shall comply with applicable fire and building codes.
2. All standards are absolute. Once wind machines are permitted, the owners have the option of compliance with the standards or discontinuation of operations. If the operation of the wind machine(s) does not comply with the provisions of this section, the operator shall promptly take all measures to comply with these regulations, including, but not limited to, discontinued operation of one or more wind machines.
3. Variations to the regulations and standards of this section may only be permitted by special use permit; approval shall be pursuant to section 10-8-1, "Special Use Permits", of this title. (Ord. 10-09, 8-17-2010)