The purpose of this article is to ensure that the placement, construction and permitting of any wind energy conversion system (WECS) facility that is within the jurisdictional boundaries of the City, is consistent with the City's land use policies and is subject to reasonable conditions that will protect the public health and safety.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person filing an application under this article.

Commercial wind energy system facility (CWES) (wind farm) means an electrical generating facility, placed on 80 acres or more, whose main purpose is to supply electricity; consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

Engineering certification means that for all commercial wind generators or meteorological towers, the manufacturer's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the commercial wind generators or meteorological towers is within accepted professional standards, given local soil and climate conditions.

Facility owner means the entity having an equity interest in the wind generator facility, including his respective successors and assigns.

Hub height means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

Meteorological tower (temporary or permanent), for the purposes of this WECS ordinance, means those towers which are erected primarily to measure wind speed and directions plus other data relevant to sitting or proposed WECS. Meteorological towers do not include towers and equipment used by airports, the state department of transportation, National Weather Service or other similar applications to monitor weather conditions. Meteorological towers, whether temporary or permanent, must meet FAA requirements.

Non-participating landowner means any landowner except those on whose property all or a portion of a WECS is located pursuant to an agreement with the facility owner or operator.

Occupied building means a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.

Operator means the entity responsible for the day-to-day operation and maintenance of the WECS.

Rural wind turbines means small to medium size wind energy systems installed for on-site use on agricultural zoned property for supplying electricity or other uses, not to exceed 200 feet in height.

Small residential wind turbine/small wind energy system (SWES) means small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. For property sizes between three acres to ten acres the tower height shall be limited to 60 feet and property sizes of greater than ten acres up to 40 acres shall have a maximum tower height of 80 feet.

Tower height means the height above grade of the fixed portion of the tower, excluding the wind turbine itself.

Turbine means the parts of the WECS including the blades, generator and tail.

Turbine height means the distance measured from the surface (grade) of the tower foundation to the highest point of the turbine rotor plane.

Wind energy conversion system (WECS) means an electrical generating facility comprised of one or more wind turbines and accessory facilities, including, but not limited to, power lines, transformers, substations and meteorological towers that operates by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid. The term "WECS" is synonymous for wind turbine or wind generator.

Wind turbine means a wind generator conversion system that converts wind generator into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

This article applies to all wind generators, wind generator facilities and temporary or permanent meteorological towers proposed to be constructed or placed after the effective date of the ordinance from which this article is derived, and also applies to stand-alone wind turbines constructed primarily for residential or rural use.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

A WECS shall be considered a permitted use if approved by the City Council with proper documentation required by this article.

1. The maximum height of a WECS shall be less than 75 feet above the pre-construction level of the grade adjacent to the tower location. This height shall be an exception to the zoning district’s maximum structure height.
2. The vertical distance from the adjacent grade to the tip of the wind turbine blade when the blade is at its lowest point must be at least 25 feet.
3. The owner of a WECS shall take such reasonable steps as are necessary to prevent, mitigate, and eliminate shadow flicker (the shadow cast by the rotating blade of the WECS) on an occupied building on adjacent property.
4. The owner of a WECS shall minimize or mitigate interference with electromagnetic communications, such as radio telephone, microwave, or television signals caused by the WECS.
5. A WECS shall not generate more than 60 dB of sound, as measured at the closest portion of the nearest inhabited dwelling when the wind speed is less than 20 miles per hour.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

1. No WECS, or addition to a WECS shall be constructed or located within the jurisdictional boundaries of the City, unless a permit has been issued to the facility owner or operator approving construction or alteration of the WECS under this division.
2. Any physical modification to an existing and permitted WECSy that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this division. Like kind replacements shall not require a permit modification.
3. WECSs shall only be placed on agricultural zoned property of 40 acres or more.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

1. The permit application shall demonstrate that the proposed WECS will comply with this division.
2. The application shall contain the following:
   1. A narrative describing the proposed WECS, including an overview of the project; the project location; the approximate generating capacity of the WECS; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities. Meteorological tower applications must include a decommissioning time table for data collection. Temporary meteorological towers will be permitted for a maximum duration of five (5) years.
   2. An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the WECS.
   3. Identification of the properties on which the proposed WECS will be located, and the properties adjacent to and within a 1,000-foot radius where the WECS will be located.
   4. A site plan showing the planned location of each wind turbine (or meteorological tower), property lines, setback lines, access road and turnout locations, substations, electrical cabling from the WECS to the substations, ancillary equipment, buildings, and structures, including meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
   5. Documents related to decommissioning of all equipment.
   6. Other relevant studies, reports, certifications and approvals as may be reasonably requested by the City to ensure compliance with this division.
   7. A copy of the agreement between the facility owner and the affected local power company, (if applicable).
3. Within 30 days after receipt of a permit application, the Planning and Zoning Office will determine whether the application is complete and advise the applicant accordingly.
4. The applicant must appear before the City Council at the regularly scheduled meeting. The applicant shall participate in the hearings and be afforded an opportunity to present the project to the public and the City Council, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
   1. Neighbors within a 1,000 feet of the property of the proposed WECS must be notified by certified mail at least 10 calendar days in advance of any City Council meeting along with a return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction and also:
      1. Given the telephone number and address of the facility owner or operator; and
      2. Informed of his right to participate in the city common council proceedings.
   2. A list of the property owners who received the notice, together with copies of the certified receipts for the notice sent to the listed property owners.
   3. Notice shall also be provided by the applicant to all communication tower operators within two miles of the proposed WECS location of the applicant’s intent.
5. Within 30 days after the close of hearing or at the hearing, the City Council will make a decision whether to issue or deny the permit application.
6. Throughout the permit process, the applicant shall promptly notify the City of any changes to the information contained in the permit application.
7. Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

The design of the WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit an engineering certification for all commercial wind generators or meteorological towers, the manufacturer's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the wind generators or meteorological tower is within accepted professional standards, given local soil and climate conditions.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

To the extent applicable, the WECS shall comply with all applicable state and local construction codes.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

All WECS shall be equipped with an electronic shut-down or with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) or mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

1. All applicants intending to install an interconnected WECS shall notify the appropriate utility company. Off-grid systems shall be exempt from this requirement.
2. All electrical components of a WECS shall conform to the National Electrical Code and to relevant and applicable local, state and national codes, along with the standards set forth by the affected local power company.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

1. Wind turbines shall be a non-obtrusive color such as white, off-white or gray and shall remain painted or finished in the color or finish that was originally applied by the manufacturer unless otherwise stipulated in the CUP.
2. WECS shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety, or the City Council.
3. WECS shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on any WECS structure that is visible from any public road shall be prohibited.
4. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground. All ground- or pad-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. If the WECS is located in a flood hazard area, the equipment shall be located more than three feet above the base flood elevation at the site.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

WECS shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines or meteorological towers and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

Any and all WECSs which are not used for 12 successive months shall be deemed abandoned, a public nuisance, and shall be dismantled, including excavating and removing concrete footings to a depth of four feet and all materials must be removed from the property at the expense of the facility owner or property owner. Facility owners of WECSs must provide a copy of financial surety and/or an insurance certificate which will cover the decommissioning of each WECS at the facility or wind farm, to the City Finance Office. For every WECS that is decommissioned or removed within the jurisdictional boundaries of the City, the facility or tower operator or owner must notify in writing to the City their intent to decommission or remove the system or tower, within 14 calendar days of the date the equipment or tower is to be decommission or removed by certified mail and must include a copy of the permit along with the written notification.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

Wind turbines shall be set back from structures, including the nearest occupied building or another wind turbine, a distance not less than 1.1 times the turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building. Wind turbines or meteorological towers shall be set back from the nearest occupied building located on a non-participating landowner's property a distance of not less than five times the hub height, (or in the case of a meteorological tower, the entire height) as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements per related zoning district or 1.1 times the turbine height or the total height of the meteorological tower, whichever is greater. The setback distance shall be measured to the center of the wind turbine or the meteorological tower base.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height or for meteorological towers, the total height of the tower, as measured from the right-of-way line of the nearest public road to the center of the wind turbine or meteorological tower base or the minimum setbacks stated for the zoning district, whichever is greater.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to commercial or private airports including the Rapid City Regional Airport and Ellsworth Air Force Base.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

1. The applicant shall identify all state and local public roads to be used within the jurisdictional boundaries of the City to transport equipment and parts for construction, operation or maintenance of the WECS. The City, highway authority, or a qualified third party engineer authorized by the City shall document road conditions prior to construction. The same parties shall document road conditions again 30 days after construction is complete or as weather permits.
2. The City shall require that the roads to be used be bonded by the applicant.
3. Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense and repairs must be approved by the city highway authority.
4. The applicant shall demonstrate that it has appropriate financial assurance to insure the prompt repair of damaged roads either through a bond or an irrevocable letter of credit.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

The applicant shall provide a copy of the project summary and site plan also to local emergency services, including volunteer fire departments. Upon request, the applicant shall cooperate with the City and other emergency services to develop and coordinate implementation of an emergency response plan for the WECS.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

It is the purpose of this division to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.

(Ord. No. 560, § 153.102(Z), 4-5-2016)

Small wind energy systems (SWES) shall be a permitted use on any lot consisting of at least three (3) acres where structures are allowed; subject to certain requirements as set forth below:

1. Tower height. For property sizes between three acres to ten acres, the tower height shall be limited to sixty (60) feet, and property sizes of greater than ten acres up to thirty nine (39) acres shall have a maximum tower height of eighty (80) feet, and for property sizes from forty (40) acres or more for rural wind generators, the maximum tower height is one hundred twenty (120) feet.
2. Setback. No part of the wind system structure, including guy wire anchors, may extend closer than 1.1 times the hub height in feet to the property boundaries or structures of the installation site.
3. Noise. SWES shall not exceed fifty five (55) dB(A) for lot sizes of three to nine (3-9) acres, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages or severe windstorms.
4. Approved wind turbines. Small wind turbines and rural wind generators must have been approved under the emerging technologies program recognized by the American Wind Energy Association.
5. Compliance with adopted building code. Building permit applications for small and rural wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings.
6. Compliance with adopted National Electrical Code. Building permit applications for small and rural wind energy systems shall meet the National Electrical Code and the local power company's requirements.
7. Utility notification. No small or rural wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. Small wind energy systems shall be a permitted use on any lot consisting of at least three acres zoned agricultural, commercial or highway service per zoning district title and where structures are allowed; subject to certain requirements as set forth below:
8. Evidence that the proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system shall be provided to City officials upon request.

(Ord. No. 560, § 153.102(Z), 4-5-2016)