The purpose of this article is to regulate the placement, construction and modification of small wind energy systems while promoting the safe, effective and efficient use of small wind energy systems and not unreasonably interfering with the development of independent renewable energy sources.

(Amdmt. No. O-09-3, 5-19-09)

The requirements set forth in this division shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Virginia's net metering laws (Code of Virginia, § 56-594), serve as an independent source of energy, or serve in a hybrid system.

(Amdmt. No. O-09-3, 5-19-09)

The requirements for siting and construction of all small wind energy systems regulated by this article shall include the following:

(1)

A small wind energy system shall be located on a parcel that, at a minimum, is one acre in size.

(2)

Small wind energy towers shall be permitted in the following zone classifications:

AR - Acceptable Use

R-1 and R-2 - Special Exception Permit

B-1 and B-2 - Acceptable Use

M-1 - Acceptable Use

(3)

Small wind energy towers shall maintain a galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. A photo simulation may be required at the request of the zoning administrator or board of zoning appeals.

(4)

Small wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority.

(5)

No tower should have any sign, writing, or picture that may be construed as advertising.

(6)

Small wind energy systems shall not exceed 60 decibels, as measured at the closest property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

(7)

The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system.

(8)

The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. This notification will take place by having the electric utility provider sign the application. This signature does not construe approval for net metering by the electric utility.

(9)

The applicant shall provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(10)

The applicant shall provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements set forth in 20 VAC 5-315-60.

(11)

The small wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.

(Amdmt. No. O-09-3, 5-19-09)

(a)

The tower height shall not exceed a maximum height of 65 feet on a parcel of less than five acres, or a maximum height of 80 feet on a parcel of five acres or more.

(b)

The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be ten feet above the height of any structure within 150 feet of the base. The supporting tower shall also be enclosed with a six-foot tall fence or the base of the tower shall not [be] climbable for a distance of 12 feet.

(Amdmt. No. O-09-3, 5-19-09)

The wind energy system shall be set back a distance at least equal to 110 percent of the height of the tower plus the blade length from all adjacent property lines and a distance equal at least to 150 percent of the tower height plus blade length from any dwelling inhabited by humans on neighboring property. Wind energy systems shall meet all setback requirements for primary structures for the zoning district in which the wind energy system is located in addition to the requirements set forth above. Additionally, no portion of the small wind energy system, including guy wire anchors, may extend closer than ten feet to the property line.

(Amdmt. No. O-09-3, 5-19-09)

The zoning administrator, or his designee, will review all requests for towers for compliance with the regulations established in this article. For towers requiring a special exception, applicants will adhere to the special exceptions process as provided by article XV, section 66-479 of this chapter. The following information shall be provided for review:

(1)

Completed building permit application or special exceptions application.

(2)

The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system.

(3)

The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. This notification will take place by having the electric utility provider sign the application. This signature does not construe approval for net metering by the electric utility.

(4)

The applicant shall provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(5)

The applicant shall provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements set forth in 20 VAC 5-315-60.

(6)

The small wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of 47 CFR 15 and subsequent revisions governing said emissions.

(Amdmt. No. O-09-3, 5-19-09)

(a)

Compliance with Uniform Statewide Building Code: Building permit applications for wind energy systems 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 Uniform Statewide Building Code and certified by a licensed professional engineer shall also be submitted.

(b)

Compliance with Federal Aviation Administration (FAA) regulations: Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(c)

Compliance with National Electrical Code: Building permit applications for wind energy systems 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 National Electrical Code.

(d)

Compliance with regulations governing energy net metering: Wind energy systems connected to the utility grid must comply with 20 VAC 5-315: Regulations Governing Energy Net Metering.

(Amdmt. No. O-09-3, 5-19-09)

Any wind energy system found to be unsafe by the building official shall be repaired by the owner to meet federal, state, and local safety standards or removed within six months. Any wind energy system that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of the system shall remove the turbine within 90 days of receipt of notice from the county instructing the owner to remove the abandoned wind energy system.

(Amdmt. No. O-09-3, 5-19-09)