(A) Purpose. The purpose of this section is to regulate the installation and operation of wind energy conversion systems (WECS) within the city for the safety and well-being of the citizens. This section is to establish regulations not otherwise subject to the siting and oversight by the state.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
METEOROLOGICAL TOWER. A temporary tower which is erected to gather data on wind speed and direction, plus other data relevant to the siting of a WECS.
WECS-WIND ENERGY CONVERSION SYSTEM. An electrical generating facility comprised of one or more wind turbines and accessory facilities, including and 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 to the electrical grid.
(C) Special requirements.
(1) Wind energy conversion systems regulated by this section shall only be allowed within any zoning district as a conditional use and permitted as prescribed under the this chapter. In addition a land use and zoning permit must be obtained
(2) Only one WECS system is permitted on any one lot.
(D) Application requirements.
(1) A site plan drawn to scale and dimensioned including all structures, buildings, above- ground utilities, and trees on the lot where the WECS is to be installed;
(2) The elevations of all items mentioned above;
(3) The proposed location of the WECS including the location of guy wire anchors;
(4) The location and elevation of all structures within 350 feet of the exterior boundaries of the property of installation of the WECS;
(5) A description of the project including name plate generating capacity, tower height, rotor diameter, and means of interconnection with the electrical grid;
(6) Standard drawings of the structural components of the WECS and support structures including base and footings shall be provided as certified by a state licensed engineer;
(7) A contract or agreement with the affected electrical power supplier for excess power fed back into the electrical grid;
(8) A permit or letter from the FAA or MNDOT Aeronautics related to the use of air space; and
(9) Other local, county, state, and federal permits as may be required.
(E) Meteorological towers.
(1) An interim permit will be issued for a meteorological tower for a period not to exceed 18 months by the City Planning and Zoning Director.
(2) The meteorological tower is subject to the same setback regulations as a WECS.
(3) No tower shall have affixed or attached lights, reflectors, flashers, or any other illumination, except for those required by the Federal Aviation Administration.
(4) Any abandoned or obsolete temporary tower shall be removed within 30 days from the cessation of operation at the site.
(5) The temporary meteorological tower shall be erected to meet all standards for wind resistance and weatherability to not be a safety hazard or nuisance.
(F) Performance standards.
(1) A WECS may not interfere with hospital heliport approach/departure corridors.
(2) The permitted maximum height of a WECS shall be measured from the base if the tower to the highest possible extension of the rotor and shall not exceed 175 feet.
(3) No part of a WECS (including guy wires) shall be located within or above any required front, side, or rear yard setback. WECS towers shall be set back from the closest property line one foot for every one foot of system height.
(4) No rotor blades may extend over driveways, sidewalks, or parking areas and must not be within 12 feet of the ground. The maximum diameter of the rotor shall not exceed 26 feet.
(5) WECS shall not be located within 30 feet of an above ground utility line.
(6) Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure within a 200-foot radius.
(7) Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 mph or greater).
(8) Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.
(9) To prevent climbing by unauthorized people, the tower must comply with one of the following:
(a) Tower climbing apparatus shall not be located within 12 feet of the ground;
(b) A locked anti-climbing device shall be installed on the tower; and
(c) Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.
(10) WECS shall have a sign posted at the base of the tower containing the following information:
(a) A high voltage warning;
(b) The manufacturer’s name;
(c) An emergency phone number;
(d) Emergency shutdown procedures; and
(e) This sign must be easily legible and not over four square feet in size.
(11) WECS shall not have affixed or attached any lights, reflector, flasher or any other illumination except for illumination devices required by the FAA.
(12) WECS shall be designed and constructed not to cause radio, television or other communication interference.
(13) Noises created by the operation of the WECS shall be in compliance with and regulated by the State Pollution Control Standards, State Regulations NPC 1 and 2, as amended; and
(14) All electrical equipment and connections shall be designed and installed in compliance with the Electrical Code.
(G) Conditions of permit.
(1) Ornamental wind devices that are not a WECS shall be exempt from this section.
(2) If a WECS is not maintained in operational condition and poses a potential safety hazard or a nuisance, the owner shall be take expeditious action to correct the situation.
(3) Any WECS or tower which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
(4) By the acceptance of the conditional use permit, the owner/operator grants permission to the city to enter the property to assure compliance with all conditions set forth in this section.
(Ord. 176, 3rd Series, passed 5-12-2009) Penalty, see § 152.99