§ 48-374. Vertical axis wind energy facility.
Vertical axis wind energy facility as an accessory use to principal uses listed in the R-1, R-2, R-3, CR, C2, SED-80, SPD-20 and SPD-C village detached SF, village attached SF, village multifamily and village townhouse districts, provided the following requirements are met:
(a)
Setbacks. Vertical axis wind energy facility(ies) shall be set back a minimum distance of 1.1 times the wind turbine height from all property lines and rights-of-way. Required setbacks may be waived if an easement agreement is signed by adjacent property owners and recorded in the county register of deeds office. The setback from estuarine waters shall be a minimum of 30 feet measured from the mean high water as determined by CAMA.
(b)
Height. The wind turbine height of a vertical axis wind energy facility shall not exceed the maximum height requirement of the district in which it is located.
(c)
Clearance. Rotor foils on vertical axis wind energy facilities must maintain at least ten feet of clearance between their lowest point and the ground or any structure other than the supporting tower.
(d)
Installation and design.
(1)
Guy wire towers are prohibited.
(2)
The installation and design of the vertical axis wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute and all applicable local, state and national codes. Installed facilities shall be reinspected every five years by a licensed engineer for structural integrity with an inspection report to be provided to the department of planning and development.
(3)
All structural, electrical and mechanical components of the vertical axis wind energy facility shall conform to relevant and applicable local, state and national codes at the time of application.
(4)
Vertical axis wind energy facilities shall be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained or when winds exceed speeds for equipments' design rating.
(5)
All on-site collector wiring shall be placed underground.
(6)
The visual appearance of the vertical axis wind energy facility shall:
a.
Be a nonobtrusive color such as white, off-white or gray;
b.
Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other authority that regulates air safety;
c.
Not display advertising except for manufactures identification; and
d.
Not have flags, streamers or decoration attached.
(7)
Vertical axis wind energy facilities shall comply with the provisions of chapter 16, article III of this Code.
(e)
Decommissioning.
(1)
The vertical axis wind energy facility owner shall have six months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads and any other associated facilities.
(f)
Development permit requirement.
(1)
No vertical axis wind energy facility, or addition of a wind turbine to an existing vertical axis wind energy facility, shall be constructed unless a development permit has been issued to the facility owner approving construction of the facility under this section. Permit application of the expansion shall be based on the total rated capacity, including existing facility but excluding like-kind replacements.
(2)
Any physical modification to an existing and permitted vertical axis wind energy facility that materially alters the size and/or type of wind turbines or other equipment shall require a development permit modification under this section.
(g)
Development permit application.
(1)
The development permit application shall contain the following: a narrative describing the proposed wind energy facility, including an overview of the project, the proposed total rated capacity of the wind energy facility, the proposed number, types and height of wind turbines to be constructed; and a description of ancillary facilities;
(2)
A site plan showing the planned location of all wind turbines, property lines demonstrating compliance of the setbacks;
(3)
Other relevant information may be reasonably requested by the town to ensure compliance with the requirements of this section;
(4)
Decommissioning plans that describe anticipated life of the wind power project, estimated decommissioning costs in current dollars, the method for ensuring funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored.
(Ord. No. 11-11-041, Pt. XIV, 11-2-2011)