Afton City Zoning Code

WIND ENERGY

SYSTEMS

§ 153.145 PURPOSE.

The purpose of this subchapter is to regulate the installation and operation of a Wind Energy Conversion System (WECS) within the city not otherwise subject to siting and oversight by the state under the state’s Power Plant Siting Act (M.S. §§ 216E.001 through 216E.18, as they may be amended from time to time).

(Prior Code, § 12-229) (Ord. 05-2010, passed 6-15-2010; Ord. 10-2010, passed 11-16-2010)

§ 153.146 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A-WEIGHTED. A specific weighting of the sound pressure level for the purpose of determining the human response to sound.

dB(A). A unit of sound level expressed in decibels (dB) and A-weighted.

L10. The sound level, expressed in dB(A)which is exceeded 10% of the time for a one-hour period, as measured by test procedures approved by the Director of the MPCA.

L50. The sound level, expressed in dB(A) which is exceeded 50% of the time for a one-hour period, as measured by test procedures approved by the Director of the MPCA.

NACELLE. Compartment containing the electrical generator.

ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.

TOTAL HEIGHT OF WECS. The total height shall be measured from the surrounding grade at the base of the tower before construction to the highest component of each WECS.

TOWER FOR WECS. The vertical structure that supports the electrical generator or rotor blades.

WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one wind turbine and accessory facilities, including but not limited to: power lines, transformers and substations that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site and/or distributed into the electrical grid.

WIND TURBINE. A wind turbine is any electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy.

(Prior Code, § 12-229) (Ord. 05-2010, passed 6-15-2010; Ord. 10-2010, passed 11-16-2010)

§ 153.147 GENERAL REQUIREMENTS.

(A) Safety design standards.

(1) Engineering certification. For each WECS, the manufacturer’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.

(2) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.

(B) Standards.

(1) Generating capacity. A WECS of no more than 40 kW in total name plate generating capacity shall be permitted in the city.

(2) Number per lot. No more than one WECS per lot shall be permitted.

(3) Tower configuration. Each WECS shall be installed with monopole or lattice tower type; no guyed towers shall be permitted.

(4) Height. Total height shall not exceed 135 feet from grade existing at the base of the tower prior to construction or grading.

(5) Property line setback. The setback from all property lines and other structures shall be one and one-half times the tower height plus the minimum accessory structure setback as defined in § 153.051 of this code.

(6) Color and finish. All wind turbines and towers that are part of a WECS shall be white, grey or another non-obtrusive color. Finishes shall be matte or non-reflective.

(7) Lighting. No tower requiring a light shall be allowed. Lighting of or on the tower shall be prohibited.

(8) Signage. No signage shall be permitted on each WECS with the exception that the manufacturer’s or owner’s company name and/or logo may be placed upon the nacelle.

(9) Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.

(10) Discontinuation and decommissioning. A WECS shall be considered a discontinued use after 180 days without energy production, unless a plan is developed and submitted to the City Administrator outlining the steps and schedule for returning the WECS to service. Each WECS and any accessory facilities shall be removed to four feet below ground level within 90 days of the decommissioning of use. The site shall be restored to its pre-existing condition.

(11) Orderly development. Upon issuance of a conditional use permit, each WECS applicant shall notify the appropriate state agency of the project location and details.

(1) Noise.

(a) The following standards which shall include ambient noise shall be measured and applied at all property lines.

Day (7:00 a.m. to 10:00 p.m.)		Night (10:00 p.m. to 7:00 a.m.)
L10	L50	L10	L50
65 dB	60 dB	55 dB	50 dB

(b) The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed WECS for the following:

1. Existing or ambient noise; and

2. Existing plus proposed WECS: maximum estimate of noise from the proposed WECS plus the existing noise environment.

(c) No WECS shall be operated in a manner as to create a noise level exceeding the decibel limit set in Table 1 (see § 153.097 of this code) at any location outside the parcel on which the WECS is located.

(2) Electrical codes and standards. Each WECS and any accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.

(3) Federal aviation administration. Each WECS shall comply with FAA standards and permits.

(4) State Building Code. Each WECS shall comply with the International Building Code as adopted by the state.

(5) Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves or television signals caused by any WECS. The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for permits. No WECS shall be constructed so as to interfere with city, county or state’s Department of Transportation microwave transmissions.

(Prior Code, § 12-229) (Ord. 05-2010, passed 6-15-2010; Ord. 10-2010, passed 11-16-2010) Penalty, see § 153.999

§ 153.148 REQUIRED PERMITS.

(A) No person, firm or corporation shall erect, construct in place, re-erect, replace or make structural repairs to any tower without making application for and receiving an approved conditional use or administrative permit and building permit, when applicable.

(B) In all cases, review by the Zoning Administrator and Building Official are required to ensure that necessary administrative permits and conditional use permits are applied for and reviewed under the procedures established in this chapter.

(Prior Code, § 12-229) (Ord. 05-2010, passed 6-15-2010; Ord. 10-2010, passed 11-16-2010) Penalty, see § 153.999

§ 153.149 SUBMITTAL REQUIREMENTS.

The following information is required.

(A) The names of project applicant;

(B) The name of the project owner;

(D) A description of the project including number, type, name plate generating capacity, tower height, rotor diameter and total height of all wind turbines and means of interconnecting with the electrical grid, if applicable;

(E) Site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid and all related accessory structures. The site layout shall include distances and be drawn to scale;

(F) Engineer’s state certification and project design specifications; and

(G) Documentation of land ownership or legal control of the property.

(Prior Code, § 12-229) (Ord. 05-2010, passed 6-15-2010; Ord. 10-2010, passed 11-16-2010)

§ 153.150 DISTRICT REGULATIONS.

WECS shall not be allowed in the VHS District. WECS shall be administratively permitted in all other zoning districts.