Chapter 17.59 — WIND TURBINE ENERGY SYSTEMS

The city of Waterford finds that:

• A. Wind energy, in some locations in the city, is a renewable, and nonpolluting energy resource which, when converted to electricity, reduces dependence on nonrenewable energy resources and reduces air and water pollution that results from conventional sources; and

• B. Small wind energy systems enhance the reliability and power quality of the power grid, reduces peak power demands, increases in-state electricity generation, diversify the city energy supply

portfolio, and makes the electric supply market more competitive by promoting a consumer choice.

(Ord. 2011-02 §1)

"AWEA" means American Wind Energy Association.

"FAA" means Federal Aviation Administration.

"Guy wires" means a wire or cable used with tension to secure a small wind energy system, communications antenna or similar structure to the ground to support the tower structure.

"Small wind energy system" means a small-scale energy generating system as defined in this section, and also consisting of a blade or wind turbine, tower, ladder, associated controls, and conversion electronics.

"Small wind energy system tower" means the vertical component of a small wind energy system upon which the wind turbine or blades are mounted.

"Tower height" means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind-measuring devices.

"Wind turbine" means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than one hundred kilowatts (kW) and which converts kinetic energy in wind into mechanical energy. (Ord. 2011-02 §1)

• A. Small wind energy wind turbine system shall be permitted in any AG, RE and I district subject to certain rules and standards as set forth in this section.

• B. A conditional use permit, pursuant to Chapter 17.75 , approved by the planning commission, shall be required for small wind energy systems that exceed the maximum allowable height limit within a district.

• (Ord. 2011-02 §1)

Unless indicated otherwise, the following requirements and standards shall apply to small wind energy systems.

• A. Setback.

  1. The base of the tower shall be set back from all property lines, public rights of-way and public utility lines a distance equal to the height of the small wind energy system, including any blades or wind turbines as extended.

  2. No part of the small wind energy system blade shall extend within twenty feet of the ground, tree, public utility lines, or any other structure.

  3. No part of the small wind energy system shall be located within or over drainage, utility, or other established easements. Each system shall be set back from above-ground public communication or electrical line by a distance which is equivalent to the height of the wind turbine.

  4. All small wind energy system structures, including guy wire anchors, shall conform to setback requirements set for in the district in which they are erected.

• B. Sound Limitations. Sound produced by the small wind energy system shall not exceed sixty decibels as measured at the property line of the site upon which the system is erected.

• C. Signage. At least one sign shall be posted at the base of the tower warning of the electrical shock or high voltage. No brand names or advertising on the tower, rotor, generator, or tail vane shall be visible from the ground.

• D. Lighting. No illumination of the small wind energy system or tower shall be allowed unless required by the Federal Aviation Administration. All required lighting shall be shielded from adjacent properties, and no other lights shall be placed upon the tower.

• E. Electromagnetic Interference. The small wind energy system shall be operated in such a manner that no disruptive electromagnetic interference is caused. If it can be determined that the small wind energy system is causing harmful interference, the operator shall properly mitigate the interference.

• F. Rotor Safety/Speed Controls.

  1. Each small wind energy system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor.

  2. An on-grid small wind energy system shall be designed to shut off within forty-eight hours from the time the on-grid connection is lost and/or the batteries of the system are fully charged.

  3. A licensed engineer or architect must certify that the rotor and over sped controls have been designed and fabricated for the proposed use in accordance with good engineering practices.

• G. Drawings to scale of the entire small wind energy system structure, including location and elevation of all elements of the proposed small wind energy system, including the tower, base, wind turbine, blade, footing, guy wires, and all other elements of the system.

• (Ord. 2011-02 §1)

An application for a conditional use permit for a small wind energy system when required by Chapter 17.75 shall include the following:

• A. Engineered drawings to scale of the entire small wind energy system structure, including the tower, base, wind turbine, blade, footings, guy wires, and other elements of the system;

• B. Location and elevation of all elements of the proposed small wind energy system in relation to trees, structures, utilities, public rights-of-way, and easements; and

• C. Evidence, satisfactory to the planning director, that the proposed small wind energy system meets the following standards:

  1. The small wind energy system generator is certified by a qualified licensed engineer as meeting the requirements of wind turbines-specific safety and/or performance standards adopted by the national or international standards setting body such as the American Wind Energy Association.

  2. The small wind energy system has a manufacturer's warranty with at least five years remaining from the date of the application.

  3. Documentation evidencing that the small wind energy system shall be used primarily to reduce onsite consumption of electricity.

  4. Where an on-grid system is proposed, the application shall include evidence that the electric utility service provider, which serves the proposed site, has been informed to the intent to install a customer-owned small wind energy system.

• (Ord. 2011-02 §1)

• A. If a small wind energy system is inoperable for six consecutive months, the owner shall be notified that the system must be restored to operating condition with six months of receiving the notice.

• B. If the owner fails to restore the system to operating condition within six months from notification, the owner shall be required, at the owner's expense, to remove the entire small wind energy system from the site upon which it is located.

• C. Should the owner of the small wind energy system fail to properly dispose of the inoperable system, the planning director may pursue enforcement as provided by this code and have the system removed at the owner's expense.

• (Ord. 2011-02 §1)