(A) Physical modifications. In general, any physical modification to any WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-application for a construction permit or inspection certificate. Like-kind replacements in the same location shall not require re-application. Therefore, prior to making any such physical modification, the owner or operator shall confer with the Building Commissioner and Area Plan staff to determine whether the physical modification requires re-application or a new special exception.
(B) Interference. Applicant, owner and/or operator shall take such actions as may be required to mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WECS. In addition, the applicant, owner, and/or operator shall comply with the following:
(1) If, a WECS inspection certificate has been issued, the owner or operator receives a written complaint related to interference with the broadcast of residential television, telecommunication, communication or microwave transmissions, the owner or operator shall take reasonable steps to mitigate said interference. Interference with private telecommunications systems such as GPS shall be between the company and the complainant.
(2) Failure to remedy a complaint. If the Building Commissioner determines that an owner or operator has unreasonably failed to remedy verified interference with the broadcast of residential television, telecommunication, communication or microwave transmissions within 90 days after owner or operator received a written complaint related thereto, the Building Commissioner may take appropriate action to rescind the owner’s or operator’s WECS inspection certificate. This does not apply to interference with private telecommunications systems.
(C) Complaint resolution.
(1) After a WECS inspection certificate has been issued, a person aggrieved by an alleged failure of the owner or operator of the WECS to comply with the safety design and installation standards set out in § 161.09 or the operation and maintenance standards set out in § 161.10 (the standards) may file a written complaint with the Building Commissioner specifying the factual basis for the alleged failure.
(2) If the Building Commissioner determines that the facts alleged, if true, would constitute a violation of the standards, or otherwise has reason to believe that a violation has occurred, the Building Commissioner shall notify the owner or operator of the alleged violation in writing, and deliver a copy of the complaint, if any, to the owner or operator.
(3) The owner or operator shall:
(a) Log the complaint;
(b) Log the WECS operating and meteorological conditions for the reported time of the complaint;
(c) Take reasonable steps to remedy the complaint;
(d) Provide a written response to the complainant; and
(e) Submit a copy of the complaint, the response, the operating and meteorological condition log, and documentation of compliance to the Building Commissioner within ten business days after receiving a copy of the written complaint.
(5) If the Building Commissioner determines that an owner or operator of the WECS has failed to take reasonable steps to remedy a complaint as set out in division (4) above within 90 days after receipt thereof, the Building Commissioner may order the owner or operator of the WECS to take the actions as may be required to cure the failure, including, but not limited to, curtailing operation of the WECS, or components thereof, under the specific meteorological conditions which were in existence at the reported time of the complaint until the owner or operator has demonstrated to the satisfaction of the Building Commissioner that it is in compliance with the standards set out in § 161.09 and § 161.10 regarding the issues raised in the written complaint.
(a) Any curtailment order shall specify the:
1. Hub height wind speed as measured at the WTG nearest the complainant;
2. Wind direction as measured at the WTG nearest to the complainant;
3. Specific hour of the day (ranging from 7:00 a.m. to 10:00 p.m.) or specific hour of the night (from 10:00 p.m. to 7:00 a.m.); and
4. Days of the year for which curtailment applies.
(b) If curtailment does not return the WECS to compliance, the Building Commissioner may revoke the owner or operator’s WECS inspection certificate upon 15 days prior written notice thereof, provided however the appeal rights set out in § 161.20 shall apply. An owner or operator whose WECS inspection certificate has been revoked may apply for reinstatement of its WECS inspection certificate after curing any compliance issues.
(Ord. 2010-02-CM, passed 4-5-10; Am. Ord. 2010-24-CM, passed 2-21-11)