This Chapter is intended to establish regulations and procedures for the review of any WECS proposed for installation within the Town of Apple Valley that are not otherwise permitted or regulated in this Development Code. It is intended to provide a mechanism to take advantage of renewable, green energy while minimizing potential adverse effects on surrounding properties and infrastructure or on the public health, safety and welfare.

No WECS shall be erected, placed, displayed, or maintained in any district within the Town of Apple Valley, except as specifically allowed in this Chapter. The number, design, type and size of such WECS, as outlined in this Chapter, are intended to be minimum standards which do not necessarily ensure compatibility with building architecture, the neighborhood, and community appearance. Therefore, in addition to these standards, consideration shall be given to a WECS relationship to the overall appearance of the subject property as well as the surrounding community. Compatible design, simplicity and effectiveness, and conformance to the design guidelines provided by Chapters 9.31 "Residential Design Standards", 9.37 "Commercial and Office District Design Standards" and 9.47 'Industrial Design Standards" of this Code, are to be used in determining approvals.

Unless otherwise stated within this Chapter, a Development Permit approved by the Planning Commission, as provided in Chapter 9.17 "Development Permits" of this Code shall be required prior to the installation of any and all WECS. The Commission may approve, conditionally approve, modify or deny requests for the installation of WECS. The Commission may establish conditions and limitations necessary to minimize detrimental effects on surrounding property and/or the general public.

A Development Permit allows for the architectural/aesthetic review of structures permitted by this Code for the various zoning districts. A Development Permit is not required if a Conditional Use Permit has been submitted and approved where the Commission has addressed the aesthetics and site design issues required under a Development Permit.

A.

Administration. The Director is authorized by the Town Council to administer and enforce the provisions of this Chapter, unless otherwise provided in this Chapter. The Director may designate a representative to act in his/her place.

B.

Interpretation

1.

This Chapter shall be interpreted in a manner which best fulfills the intent of its provisions.

2.

Questions arising from the application of the Chapter shall be interpreted by the Director. If any inconsistency still exists in the interpretation, an appeal application shall be referred to the Planning Commission for its determination.

C.

Appeals

1.

Any decision or determination by the Director may be appealed to the Planning Commission in accordance with the provisions of this Development Code.

2.

Any decision of the Planning Commission may be appealed to the Town Council in accordance with the provisions of this Development Code.

Fall Zone. The potential fall area for the wind energy conversion system. The fall area is measured by using 110 percent of the total height as the radius around the center point of the base of the tower. (Figure 9.78-A)

Figure 9.78-A

Height. The vertical distance from ground level to the top of the WECS, including the blade when at its highest point.

Net-Metering Service. A service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. Net Metering does not allow the sale of power back to the electric company or into the wholesale electricity market.

Overspeed Control. A mechanism used to limit the speed of blade rotation to below the safe design limits of the WECS.

Private, Non-Commercial WECS. A single WECS installed on a developed property for the purposes of providing energy for on-site consumption.

Wind Energy Conversion System (WECS). A device designed or used for the purpose of converting wind energy into electrical or mechanical power, including all interconnection and auxiliary equipment.

1.

Freestanding WECS means the device stands independently or requires attachment to a monopole or other structure intended solely for WECS support.

2.

Roof-mounted WECS means the device is supported entirely by the roof of an existing structure. Roof-mounted WECS do not require discretionary review unless otherwise noted within this Chapter

Windfarm. Multiple WECS installed at a single property or area for the purpose of generating larger quantities of electrical or mechanical power for transmission to a public or private utility.

The installation of a private, non-commercial WECS is permitted as an accessory use within any zoning designation upon approval of a Development Permit by the Planning Commission. The Development Permit review process grants the Planning Commission authority to modify these requirements based upon neighborhood compatibility. Notwithstanding the foregoing, and except as otherwise stated in this Chapter, roof-mounted WECS that conform with the requirements of this Chapter are permitted and do not require issuance of a Development Permit.

A.

Lot Size.

1.

Freestanding WECS shall not be installed upon a lot or recorded parcel of less than two (2) net acres in size.

2.

Roof-mounted WECS shall not be installed upon a lot or recorded parcel of less than 18,000 square feet in size.

B.

Setback Requirements.

1.

Freestanding WECS must be located behind the rear of the primary structure.

2.

Freestanding WECS shall be setback a distance equal to the fall zone from any property line, overhead utility lines, utility easement or right-of-way.

C.

Height.

1.

Roof-mounted WECS are subject to the maximum height permitted within the applicable zoning designation. Additional height, not to exceed fifty (50) feet, may be permitted with the Planning Commission's review and approval of a Development Permit. Additional height, in excess of fifty (50) feet may be granted with the review and approval of a Conditional Use Permit.

2.

There is no maximum height for a free-standing WECS, provided that the structure meets the minimum setback requirements.

D.

Noise. No WECS shall generate a sound level in excess of 50 dBA, as measured at the nearest property line, during the hours of 7:00 a.m. to 10:00 p.m., nor a level in excess of 40 dBA during the hours of 10:00 p.m. to 7:00 a.m. except during extreme weather conditions.

E.

Design Standards.

1.

During the Development Permit review process, each WECS shall be reviewed by the Planning Commission to ensure the WECS are installed in a manner that will not significantly detract from existing views.

2.

WECS must consist of non-reflective materials.

3.

Monopole mounted WECS are preferred.

4.

WECS requiring the use of guyed wires are discouraged; however, guyed wires may be permitted based upon neighborhood compatibility.

5.

Roof-mounted WECS located within multi-family projects may be installed on detached garages, community buildings or other non-dwelling structures, and may not be installed upon any dwelling unit.

F.

Net-Metering. Private, noncommercial WECS may be net-metered with written authorization provided by the utility company.

G.

Multiple WECS Standards

1.

Freestanding WECS. Only one (1) unit shall be permitted per developed lot. Any additional WECS, or any WECS located on a vacant parcel, will be considered a "windfarm" and subject to the Planning Commission's review and approval of a Conditional Use Permit.

2.

Roof-mounted WECS. One (1) unit is permitted per lot or recorded parcel that is between 0.4 to two (2) acres in size subject to a building permit, except that additional units may be granted with the review and approval of a Conditional Use Permit. Additional units are allowed at a ratio of one (1) roof-mounted WECS per additional acre. Two (2) to five (5) units require Planning Commission review and approval of a Development Permit. Six (6) or more units require the approval of a Conditional Use Permit.

H.

Each WECS shall be operated and maintained in sound working order in conformance with the manufacturer's specifications at all times. This maintenance shall include the physical appearance of the device so it does not present an unsightly appearance. A copy of the manufacturer's specifications and use instructions shall be submitted with any application for review by the Planning Commission and/or Town Council and shall be retained within the public hearing record/file for that application.

I.

Any WECS that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such WECS shall remove the same within thirty (30) days of receipt of written notice from the Town notifying the owner of such abandonment. If the owner does not remove the equipment, along with all associated and ancillary equipment, devices, structures or support for that WECS, or does not request a hearing before the Planning Commission on the issue of whether the equipment is abandoned and subject to removal, the Town may remove the equipment and store it in a secure location. The owner shall have fourteen (14) days from the date the Town provides the owner with written notice of removal of the equipment, and notification of the current location of equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the Town may dispose of the equipment in accordance with the Town's existing policy for disposal of abandoned or lost property.

Failure to remove an abandoned WECS within said thirty (30) days shall be grounds to remove the device at the owner's expense.

J.

A Building Permit, issued by the Town of Apple Valley, shall be obtained prior to the installation of a WECS system.

K.

Every WECS shall be installed strictly per the Manufacturer's Installation specifications, or as modified and certified by an Engineer licensed by the State of California.

L.

The Commission may impose Conditions of Approval that are necessary to address health, safety, community welfare and community aesthetic issues or concerns raised during the Development Permit review.

M.

Noticing of the Development Permit shall include all properties within 1,000 feet of the site requesting the installation of a WECS.

N.

No WECS, or associated and ancillary equipment, batteries, devices, structures or support(s) shall be located within any required front, side or rear yard setback area.

O.

No wiring between a WECS and the main or accessory structure on site, or any associated and ancillary equipment, batteries, devices, structures or support(s) for any WECS, shall be located above ground level.

P.

When a WECS system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed.

A.

The safety of the design and construction of all WECS, including towers and associated equipment, shall be certified by the manufacturer or by an Engineer Licensed by the State of California.

B.

Safety wires shall be installed on the turnbuckles on guy wires of guyed WECS towers.

C.

All WECS towers shall be equipped with manual and automatic over-speed controls. The rotor and over-speed control design and fabrication shall conform with good engineering practices and shall be certified by the manufacturer or by an Engineer Licensed by the State of California.

D.

All installations shall conform to the requirements of the latest adopted version of the National Electrical Code, adopted by the Town of Apple valley.

E.

The compatibility of the tower structure with the rotors and others components of the WECS shall be certified by the manufacturer or by an Engineer Licensed by the State of California.

F.

All WECS towers or facilities shall either have tower climbing apparatus located not closer than twelve (12) feet to the ground or be un-climbable by design for the first twelve (12) feet.

G.

WECS sited on top of, or attached to and extending above the roof line of, an existing structure shall comply with all applicable provisions of the latest version of the Uniform Building Code, as adopted buy the Town of Apple Valley. Certification by an Engineer Licensed by the State of California shall be required. Any device located in such a manner shall be subject to the height limitations of the underlying zoning.

H.

No part of a WECS tower or facility shall be located upon, within or extend over a drainage, utility or other established easement(s). No portion or part of the WECS shall be located on or over any property line(s). The base of any WECS or the guy wire anchors of a guyed WECS tower shall not be located in any required minimum front, side or rear setback area. No such WECS shall be located between the main structure on site and any existing or planned public right-of-way.

I.

Clearance between any WECS and existing or planned electrical lines shall be in compliance with the requirements of the most recently adopted edition of the National Electrical Safety Code.

J.

Efforts should be made to site WECS to reduce the likelihood of blocking or reflecting television or other communications signals and from blocking established views. If signal interference occurs, the WECS owner shall make all reasonable efforts to resolve the problem. If the problem(s) cannot be eliminated or reduced to an acceptable level by the individual experiencing the interference, then the WECS owner shall shut down and remove the source of interference within thirty (30) days from the date of receiving official notice from the Town of Apple Valley.

K.

Nothing within this Chapter shall be construed to allow the infringement of the enjoyment rights of a property owner by another by the installation, maintenance or use of a WECS.

L.

The owner of any WECS shall provide, as part of the submission for review by the Planning Commission of a Development Permit, proof of liability insurance that specifically addresses the installation, use and maintenance of the WECS.

M.

Homebuilt, experimental and prototype WECS shall be allowed provided they comply with all applicable regulations detailed within this Chapter.

N.

Intentionally left blank.

O.

The interconnections between a wine turbine and the electric utility shall be in compliance to the most recently adopted edition of the National Electrical Safety Code and all Federal regulations. Certification shall be submitted in writing by the owner that the WECS will automatically disconnect from the utility when there is no power input from the utility.

P.

Battery storage units associated with a WECS shall be in compliance with the latest adopted edition of the National Electric Code or other applicable Codes and shall be inspected by an inspector for the Town of Apple Valley.

Q.

The safety of structural components of reconstructed or reconditioned WECS, and the compatibility of the rotors of reconstructed or reconditioned WECS, shall be certified by an Engineer Licensed by the State of California. The safety of electrical components of reconstructed or reconditioned WECS shall be certified by an Engineer Licensed by the State of California. The safety of all modifications to any WECS shall be certified by an Engineer Licensed by the State of California. Certification of safety is required before any Building Permit for a WECS is issued for modifications made prior to installation. Certification of the safety of modifications made after the WECS has been installed shall also be subject to the requirements of a Building Permit. Failure to have the safety of any modifications certified either prior to installation, or prior to use of a system modified after installation, shall result in the revocation of the Building Permit and any discretionary approvals granted for the WECS until such certification has been obtained and provided to the Town of Apple Valley.