The purpose of this chapter is to provide a uniform set of standards, conditions, and procedures for the placement of micro wind systems, small wind energy conversion systems, and temporary meteorological towers on property located within the town of Bar Nunn. (Ord. 2012-1, 4-17-2012)

A-WEIGHTED SOUND LEVEL (dBA): A measurement of sound pressure level, which has been filtered or weighted to progressively deemphasize the importance of frequency components below one thousand (1,000) Hz and above five thousand (5,000) Hz. This reflects the fact that human hearing is less sensitive at low frequencies and at extremely high frequencies, relative to the midrange of the frequency spectrum. This area of sensitivity also corresponds to the human speech band.

DECIBEL (dB): The measurement of a sound pressure relative to the logarithmic conversion of the sound pressure reference level often set as zero dB (A-weighted). In general, this means the quietest sound we can hear is near zero dB (A-weighted) and the loudest we can hear without pain is near one hundred twenty (120) dB (A-weighted).

FAA: The federal aviation administration of the United States department of transportation.

GUY CABLE: Any cable or wire that extends from a small wind energy system for the purpose of supporting the system structure.

METEOROLOGICAL TOWER: A facility consisting of a tower and related wind measuring devices, which is used solely to measure winds preliminary to construction of a small wind energy conversion system. Meteorological towers shall not be allowed for time periods in excess of twelve (12) months, and shall be removed prior to the installation of the wind energy conversion system for which they are measuring. A request to install a meteorological tower shall be included in the application to install either a micro wind system or a small wind energy conversion system.

MICRO WIND SYSTEM: A building mounted wind system (either a vertical or horizontal axis turbine) that has a rated nameplate capacity of ten (10) kW or less (3 kW or less for residential properties), and projects no more than fifteen feet (15') above the highest point of the roof. Such building mounted wind systems shall be regulated by applicable building and electrical codes, and shall not be considered a small wind energy conversion system. A micro wind system shall not be considered in determining total building height for zoning or setback purposes. Multiple turbines are permitted, provided the total cumulative rated nameplate capacity does not exceed ten (10) kW (or 3 kW for residential properties).

RATED NAMEPLATE CAPACITY: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

SMALL WIND ENERGY CONVERSION SYSTEM: A wind energy conversion system consisting of a tower, a turbine, and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on site energy consumption with a rated nameplate capacity of twenty five (25) kW or less per tower. This includes, but is not limited to, storage, electrical collection and supply equipment, and transformers. Excess electrical power generated, and not presently needed for on site use, may be utilized by the utility company.

TOWER HEIGHT: The total height above finished grade of the fixed portion of the tower, including the wind turbine blades.

TURBINE: The parts of a wind system including the blades, generator, and tail. The definition of a turbine includes both horizontal axis wind turbines (HAWT) and vertical axis wind turbines (VAWT). (Ord. 2012-1, 4-17-2012)

Micro wind systems and small wind energy conversion systems shall be listed as conditional uses in all zoning classifications, subject to all requirements as provided herein. (Ord. 2012-1, 4-17-2012)

   A.   Minimum Lot Size: The minimum lot size for a small wind energy conversion system shall be one-half (1/2) acre (21,780 square feet). There is no minimum lot size requirement for micro wind systems.

   B.   Maximum Tower Height: The maximum tower height for a small wind energy conversion system on a property between one-half (1/2) acre and one acre in size shall be seventy feet (70'). The maximum tower height on properties between 1.01 acres and five (5) acres in size shall be one hundred feet (100'). On properties larger than five (5) acres, there is no limitation on tower height, except as imposed by FAA regulations.

   C.   Minimum Setbacks: Minimum setbacks for a tower shall be equal to the height of the tower. No part of the small wind energy conversion system structure, including, but not limited to, guywire anchors, may extend closer than ten feet (10') to the property line.

   D.   Sound: Micro wind systems and small wind energy conversion systems shall not exceed sixty (60) dBA, measured five feet (5') above ground level at the closest property line. The sound level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.

   E.   Turbine Clearance: No portion of any turbine shall extend within twenty feet (20') of the ground. No portion of any turbine may extend over parking areas, driveways, or sidewalks.

   F.   Automatic Overspeed Controls: All micro wind systems and small wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the micro wind system or small wind energy conversion system.

   G.   Utility Notification: No micro wind system or small wind energy conversion system shall be installed until evidence has been given that the electrical utility company has been informed of, and approved the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

   H.   Tower Color: Tower colors shall be white, off white, gray, or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.

   I.   Lighting: Micro wind systems and small wind energy conversion systems shall not be artificially lighted, except as required by the FAA.

   J.   Climb Prevention: Small wind energy conversion systems shall not be climbable up to fifteen feet (15') above the ground surface. (Ord. 2012-1, 4-17-2012)

The applicant shall provide the following materials to the town engineer as part of a building permit application, for micro wind systems and small wind energy conversion systems:

   A.   A completed application provided by the town clerk.

   B.   Proof of ownership for the property where the proposed tower will be constructed, and all applicable fees, as established by the town council.

   C.   A scaled eight and one-half inch by eleven inch (81/2" x 11") or larger plot plan of the proposed small wind energy conversion system, to include property lines, setbacks, physical dimensions of the property, and locations of structures and the tower, base, footings, generator, blades, guywires, and all associated equipment.

   D.   Signatures of the property owners within five hundred feet (500') of the micro wind systems or small wind energy conversion system stating there are no objections to the installation of the system.

   E.   An engineering analysis of the micro wind system and/or tower showing compliance with all applicable current building codes, and certified by a licensed professional engineer.

   F.   Certification that the design is in compliance with the current national electric code and local electrical code. Building permit applications for micro wind systems and small wind energy conversion systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the national electrical code and local electrical codes.

   G.   Evidence satisfactory to the town engineer and zoning and planning commission, that the proposed system meets the following standards:

      1.   That the micro wind system or small wind energy conversion system is UL listed, and/or meets the Institute Of Electrical And Electronic Engineers (IEEE) standards, or other nationally recognized testing lab (NRTL);

      2.   Information demonstrating that the wind turbine is approved under an emerging technology program, such as International Electrotechnical Commission (IEC) or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. department of energy. Noncertified wind turbines must submit a description of the safety features of the turbine prepared by a professional mechanical engineer. (Ord. 2012-1, 4-17-2012)

After the submittal of all required application materials, the town engineer shall review the submittal for compliance with all requirements of this title and all applicable building and electrical codes. Complete applications shall be forwarded to the zoning and planning commission in compliance with section 8-3-3, "Conditional Use Permits", of this title. (Ord. 2012-1, 4-17-2012)

   A.   Any micro wind system or small wind energy conversion system that is not operated on a functional basis for a period of six (6) consecutive months shall be deemed abandoned. The building official may order the repair or removal of said micro wind system or small wind energy conversion system, in accordance with these provisions. The applicant, owner, or other person responsible for the facility shall repair or remove the same within thirty (30) days of receipt of notification by certified mail. If said facility is not either operational or removed after thirty (30) days from the date of notification, the town may remove the system at the owner's expense.

   B.   The town reserves the right to enter upon and disconnect, dismantle or otherwise remove any micro wind system or small wind energy conversion system should it become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the town engineer or his designee, such as natural or manmade disasters or accidents, when the applicant, owner, or other person responsible for the facility is not available to immediately remedy the hazard. The town shall attempt to notify any such applicant, owner, or other person responsible for the facility of such action within forty eight (48) hours. The applicant, owner, or other person responsible for the facility shall reimburse the town for all costs incurred for action taken pursuant to this section. (Ord. 2012-1, 4-17-2012)