(A) Intended purpose. This section provides regulations for wind energy conversion systems (WECS) as an alternative energy-providing source. These regulations shall guide the safe and effective use and installation of WECS throughout the town.
(B) All lots in all zoning districts shall be permitted to install noncommercial WECS, provided they are in compliance with the applicable requirements set forth in this chapter. A maximum of one noncommercial WECS may be permitted on each lot after site plan review and approval of the town staff, including the proposed location of the WECS.
(C) Roof mounted noncommercial WECS shall be permitted in all nonresidential zoning districts, provided they do not exceed 15 feet in height and only service the building or lot on which it is located.
(D) Roof mounted noncommercial WECS shall be permitted, subject to the conditions below, in all residential zoning districts, provided that they do not exceed six feet in height, measured from the peak of the roof to the center of WECS. In addition, the roof-mounted WECS shall have a minimum clearance of two feet from the roof peak to the blade tip at its lowest point. A roof-mounted WECS is prohibited in any required setback and shall only be located in an area bounded by the roof peak of the residence, the side yard setback and rear yard setback. Roof-mounted WECSs are prohibited from being located on any face of a residence facing any street from roof peak toward the street.
(E) All WECS towers shall require a building permit. The permit application shall include the design of the tower and its components, as well as the safety mechanisms to prevent uncontrolled rotation, overspeeding, and excessive pressure of the structure. Towers shall also be subject to the following provisions:
(1) The minimum required setback distance between each noncommercial tower and all surrounding property lines, overhead utility lines, any dwellings or other buildings for occupancy, and any other towers, shall be no less than two times the proposed structure height plus the rotor radius. Horizontal WECS shall be allowed a minimum setback equal to five rotor diameters, or the height of the tower, whichever is greater.
(2) WECS non-commercial towers shall only be permitted in lots in excess of five acres.
(3) The minimum required setback distance between each commercial tower and all surrounding property lines, overhead utility lines, any dwellings or other buildings shall be 1,000 feet.
(4) The maximum height of a WECS tower, measured from the ground to the highest point of the structures, shall be as follows:
(a) Residential, Agricultural, and Commercial Zoning Districts: 45 feet when ground-mounted;
(b) Light Manufacturing Zoning Districts: 80 feet.
(5) No towers shall be placed as to interfere with or obstruct any transmission of communication equipment or reception.
(6) All local, state, and federal regulations shall be followed in the use, installation, and operation of such WECS.
(7) No towers shall be placed as to substantially interfere with any view, be directly visible from any public right-of-way, or placed on the front yard.
(8) The minimum vertical clearance from the ground to the rotor blade tip at its lowest point shall be 25 feet.
(9) A minimum six-foot height security fence shall be required at the base of all towers, unless the climbing apparatus for the tower is more than 12 feet from the ground or completely enclosed inside the apparatus.
(10) All power lines and other related wiring shall be underground.
(F) The noise level for all WECSs shall not exceed 55 dB when measured at the property line.
(G) Noncommercial WECSs must have been approved under small wind certification program recognized by the American Wind Energy Association and the Small Wind Certification Council (SWCC).
(H) WECSs shall be painted a non-reflective, non-obtrusive color such as the manufacturer’s default color option or a color that compliments the building architecture.
(I) WECS towers shall maintain galvanized steel, brushed aluminum or white finish, unless F.A.A. standards required otherwise. The town staff may require a photo of WECS of the same model that is the subject of the landowner’s application adjacent to a building or some other object illustrating scale (e.g., manufacturer’s photo).
(J) Building permit applications for all WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required. An equipment package shall be considered certified for interconnection operation if it has been tested and listed by a nationally recognized testing and certification laboratory in compliance with the state provisions.
(K) Building permit applications for all WECS 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 town’s Electrical Code.
(L) In the event a WECS is intended to be interconnected with a utility, no WECS shall be installed until evidence has been provided to the town that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator and an interconnection agreement between the utility and the customer have been executed. Interconnection must comply with Underwriters Laboratory (UL) standard 1741, as amended from time to time.
(M) The owner shall install, operate, and maintain the WECSs in accordance with the manufacturer’s suggested practices for safe, efficient, and reliable operation in parallel to the utility’s system.
(N) WECS shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.
(O) Unused or abandoned WECS shall be removed from any site within 180 days from the discontinuation of use.
(P) In addition to the applicable standards stated above, commercial WECSs shall be allowed only in the Agricultural-Business (AG-B) Zoning District by special exception, as found in § 156.357.
(Ord. 210, passed 9-11-2012; Am. Ord. 234, passed 5-13-2014)