Duquesne City Zoning Code
SECTION 404
087 Renewable Energy Systems.
[Ord. No. 387 § 1, 11-12-2018]
A. AMBIENT SOUND LEVEL APPLICANT APPLICATION AXIS BLADES BRAKING BUILDING-MOUNTED SOLAR ENERGY SYSTEM CUTOFF ANGLE DOE FALL ZONE FEEDER LINE GENERATOR NAMEPLATE CAPACITY or NAMEPLATE GENERATING CAPACITY (INSTALLED) GROUND-MOUNTED SOLAR ENERGY SYSTEM HEIGHT, WECS SYSTEM HORIZONTAL AXIS WIND TURBINES (HAWTs) INTERCONNECTION MICRO WIND TURBINE (MWT) MONOPOLE TOWER OFF-GRID PROPERTY LINE RENEWABLE ENERGY SYSTEM ROTOR ROTOR DIAMETER SHADOW FLICKER SOLAR ENERGY COLLECTOR SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM SOUND PRESSURE LEVEL SWEPT AREA TOWER WIND ENERGY CONVERSION SYSTEM (also referred to as a "WECS") WIND ENERGY CONVERSION SYSTEM, CO-LOCATED WIND ENERGY CONVERSION SYSTEM, COMMERCIAL WIND ENERGY CONVERSION SYSTEM, FREESTANDING WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL WIND ENERGY CONVERSION SYSTEM, SMALL WIND TURBINE
Definitions. For purposes of this Section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section. The words "shall" and "will" are mandatory and "may" is permissive. The terms "standards," "regulations," and "requirements" indicate specific items with which the applicant or property owner must comply. Compliance with standards, regulations, and requirements is mandatory. Words not defined shall be given their common and ordinary meaning.
For the purposes of WECS regulations, the sound pressure level exceeded ninety percent (90%) of the time, or L90, at a given location. Also, the amount of background noise at a given location prior to the installation of a WECS, which may include, but is not limited to, traffic, machinery, general human activity, and the interaction of the wind with the landscape. Ambient sound level is measured on the decibel dB(A) weighted scale as defined by the American National Standards Institute (ANSI).
Any person that applies for a building permit.
The process by which an applicant submits a request and indicates a desire to be granted a building permit under the provisions of this Section. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
For purposes of WECS regulations, the plane on which a rotor or other wind-harnessing mechanism rotates. City regulations do not differentiate between horizontal and vertical axis WECS.
The aerodynamic surface that catches the wind.
A method of overspeed control that utilizes a disc brake.
A solar energy system affixed to either a principal or accessory structure on a lot.
The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above from which no light is emitted.
The Federal Department of Energy.
For purposes of WECS regulations, the hypothetical area into which a tower and wind turbine could collapse in the event of a structural failure.
For purposes of WECS regulations, any power line that carries electrical power from one (1) or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation servicing the WECS.
For purposes of WECS regulations, the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer. Installed generator nameplate capacity is commonly expressed in kilowatts (kW) or megawatts (MW) an in usually indicated on a nameplate physically attached to the generator.
A solar energy system that is not attached to another structure and is affixed to the ground.
The height above grade of the WECS, including the generating unit and the highest vertical extension of any blades or rotors.
The type of wind turbine that has the main rotor shaft and electrical generator at the top of the tower, and must be pointed into the wind. The turbine is generally pointed upwind of the tower, and the blades placed some distance in front of the tower.
For purposes of WECS regulations, sharing energy through the local utility grid system. This requires an approved interconnection agreement with the pertinent electric utility provider serving the site, e.g., Liberty Utilities.
A wind energy conversion system (WECS) consisting of a wind turbine, tower (unless roof-mounted), and associated control or conversion electronics, which has a rated capacity of 10 kilowatts or less.
A small scale wind generation facility tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.
For purposes of WECS regulations, an electrical system that is not connected, or is not permitted to be connected, to any utility distribution and transmission facility or to any building or structure that is connected.
For purposes of WECS regulations, the boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between landowners.
Equipment and appurtenances used in the production of energy through the conversion of sun and wind energy, which includes solar energy and wind energy systems.
For purposes of WECS regulations, an element of a WECS that acts as a multi-bladed airfoil assembly, thereby directly extracting through rotation the kinetic energy of wind.
For the purposes of WECS regulations, the diameter of the circle described by the rotor blades. See also "swept area."
For purposes of WECS regulations, alternating changes in light intensity caused by the moving blades of a wind energy conversion system that casts moving shadows on the ground and stationary objects.
The component of a solar energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.
The solar energy collectors, electronics, disconnects, valves, and other appurtenances associated with a solar energy system.
A complete design or assembly consisting of a solar energy collector, and energy storage facility (where used), and components of the distribution of transformed energy.
The sound measurement commonly reported in decibels [dB(A)].
For purposes of WECS regulations, the diameter of the least circle encompassing all blades for a WECS. Also any and all portions of overhanging blades, turbines, or attachments that oscillate, rotate or otherwise move, which are not part of the fixed structural elements of the wind energy conversion system, including those on vertical axis WECS. See also the definition for "rotor diameter."
For purposes of WECS regulations, the vertical component of a WECS that elevates and supports the wind turbine generator, rotor blades, and other equipment above the ground.
The configuration of components including the base, tower, generator, rotor blades and related equipment to covert the kinetic energy of wind into electrical energy (e.g., windmill or wind turbine). A wind energy conversion system which has a nameplate rated capacity of up to one hundred (100) kilowatts and is incidental and subordinate to a principal use on the same parcel.
A WECS that is mounted on a tower or pole structure which serves another primary purpose such as a flagpole. Co-located systems are permitted per the rules of this Chapter, so long as the principal use or structure is located on the subject parcel.
A WECS that is intended to produce electricity for sale to a rate-regulated or non-regulated utility or for use off site. For the purpose of this Section, a commercial WECS has a total nameplate generating capacity equal to or greater than one hundred (100) kW.
A WECS that is elevated by means of a monopole tower and is not located on another supporting structure. Guyed, lattice, or other non-monopole style towers shall not meet this definition.
A WECS of less than one hundred (100) kW in total nameplate generating capacity that is not operated on a for-profit basis. A WECS that is interconnected with the pertinent electric utility or that receives credits or rebates for energy transmitted to the power grid is not by that reason alone operated on a for-profit basis.
A WECS of less than ten (10) kW in total nameplate generating capacity.
A piece of electrical generating equipment that aids in the conversion of the kinetic energy of wind into electrical energy.
B.
Wind Energy Conversion Systems (WECS).
1.
General Provisions. The City of Duquesne finds and declares that wind energy is an abundant, renewable and non-polluting energy resource of the City and that its conversion to electricity will reduce our dependence on non-renewable energy sources and decreases the air and water pollution that results from the use of conventional energy sources.
a.
The City of Duquesne further finds and declares that:
(1)
Wind turbines that convert wind energy to electricity are currently available on a commercial basis from many manufacturers.
(2)
The generation of electricity from properly sited wind turbines can be cost effective and, in many cases, exiting power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.
(3)
Regulation of the location and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public.
b.
Windmills used for the production of electric current or wind energy conversion systems (WECS) are permitted subject to the following general conditions:
(1)
The primary purpose of the WECS device must be to provide power for the principal use of the property on which it is located and shall not be for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
(2)
The WECS and its location on the property involved shall be designed in such a manner as to eliminate any nuisances to surrounding properties and to limit any noise from said WECS from being heard beyond the boundaries of the property where said WECS is located.
(3)
No variance shall be granted in connection with a proposed WECS to permit a height greater than allowed in this Chapter for each district. The height of the device shall be defined as the distance between the base of the tower and the highest point of the wind energy conversion system. For a horizontal axis wind turbine, the highest point shall be the highest vertical point of the swept rotor arc. No device may be located so close to a property line or building as to result in any portion of the device at any time, whether erect or in the event that the device should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.
(4)
The minimum distance between the ground and any rotor shall be twenty (20) feet.
(5)
No WECS shall be located in any required front yard area.
(6)
No WECS device shall be permitted which causes interference with the reception of television, radio or other communications signals for adjoining properties.
(7)
An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
(8)
All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.
(9)
No television, radio, or other communication antenna may be affixed or otherwise made a part of a WECS.
(10)
Only monopole non-commercial WECS are permitted.
2.
Specific Requirements.
a.
Permits. Only one (1) WECS is allowed per lot. A renewable energy permit application is required for all systems and shall be submitted to the City of Duquesne, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Duquesne in Section 500.060, Application And Fees. A renewable energy permit application, which will act as the building permit, upon approval from the City Building Inspector shall include the following information:
(1)
Name and address of applicant.
(2)
Evidence that the applicant is the owner of the premises involved or that owner has granted permission on a renewable energy permit application.
(3)
A plot plan and development plan drawn in sufficient detail to clearly describe:
(a)
Property lines and physical dimensions of the site.
(b)
Location, approximate dimensions and types of major existing structures and uses on site.
(c)
Location and elevation of the proposed WECS.
(d)
Location of all aboveground utility lines on site or within one (1) radius of the total height of the WECS.
(e)
Location and size of structures and trees above thirty-five (35) feet for all immediate and adjacent properties of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.
(f)
Show the zoning designation of immediate and adjacent sites.
(g)
Include make, model, picture and manufacturer's specifications, including noise decibels.
(4)
No building permit shall be issued for a system until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided. Off-grid systems shall not be permitted, unless by special use permit approval.
b.
Installation And Operation. Installation of all wind energy conversion systems shall comply with the following requirements:
(1)
Compliance with National Electrical Code, International Building Code, and International Residential Code.
(a)
WECS applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City. The application shall include a statement from a registered professional engineer or licensed electrician indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturers. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b)
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.
(2)
Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors. This certification would normally be supplied by the manufacturer and include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.
(3)
Tower Access. Towers should have either:
(a)
Tower-climbing apparatus located no closer than twelve (12) feet from the ground;
(b)
A locked anti-climb device installed on the tower; or
(c)
The tower shall be completely enclosed by a locked, protective fence at least six (6) feet high. A fence permit must be obtained if constructing a new fence to meet this requirement.
(4)
Noise. The WECS shall meet the requirements of any existing noise ordinance of the City of Duquesne.
(5)
Electromagnetic Interference. The wind energy conversion system shall be operated in a manner such that no disruptive electromagnetic interference is caused. If it has been demonstrated to a City Inspector that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.
(6)
Signs. At least one (1) sign shall be posted at the base of the tower warning of electrical shock or high voltage. Systems shall not be used as signs or used to support signage. Exceptions include appropriate warning signage and reasonable identification of the manufacturer, installer, or operator.
(7)
Setbacks.
(a)
The WECS shall be set back from any property line, aboveground utility line or other WECS a distance greater than two (2) times its overall height, including blades, to property lines, and three (3) times its overall height to any structures.
(b)
Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of non-participant owners.
(8)
Structural Integrity. The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of the WECS, certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the WECS.
(9)
Abatement. The City reserves the right to perform an inspection periodically to verify the system is being maintained. If a wind energy conversion system or systems are not maintained in operational condition for a period of six (6) months and/or pose a potential nuisance or safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned and/or poses a nuisance or safety hazard, the system shall be removed within forty-five (45) days of written notice to the owner or operator of the system.
(10)
Lighting Of The Tower. Lighting of the tower for aircraft and helicopter will conform with FAA standards for wattage and color.
(11)
Environmental Impact. The project must be viewed for visual pollution and for a possible environmental impact statement. Systems shall be a neutral, non-reflective color designed to blend with the surrounding environment.
(12)
Shadow Flicker. No WECS shall be installed and operated in a manner that causes shadow flicker to fall on or in any residential dwelling existing at the time of application to install a WECS is received by the City. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses, either through siting or mitigation. Shadow flicker expected to fall on an adjacent parcel or roadway may be acceptable if the flicker does not exceed thirty (30) hours per calendar year. If such flicker is likely, the applicant shall, at the applicant's sole expense, furnish a flicker study for City review.
C.
Solar Energy Systems.
1.
Purpose. The purpose of this Subsection is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The City of Duquesne finds these regulations are necessary to ensure that solar energy systems are appropriately designed, sited, and installed.
2.
General Provisions. The provisions of this Section shall apply to the construction and /or installation of all roof- and ground-mounted solar panels:
a.
Solar energy panels are allowed in all zoning districts as an accessory use to the principal use of the property.
b.
All accessory solar panel installations shall provide documentation to the City of Duquesne verifying the compliance with the renewable energy requirements.
c.
Solar energy systems shall be documented by the manufacturer as being non-reflective pursuant to recognized engineering standards showing reflectivity of less than 30 percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby properties or streets.
d.
Solar energy equipment must comply with all setback and lot coverage requirements for the zoning district in which the property is located.
e.
All power transmission lines from a structure- or ground-mounted solar energy system to any building, structure, or utility pole/line shall be located underground.
f.
A solar energy system shall not be used to display advertising, including signage, streamers, pennants, reflectors, balloons, flags, banners or similar materials. The manufacturer's information and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided that the signage is not for advertising purposes.
g.
All active solar systems shall meet approval of the City of Duquesne's construction codes. Installation must conform to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City.
h.
All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the structure and the materials adjacent to the lines when visible from the street.
i.
No solar energy system shall be installed until evidence has been presented to the City of Duquesne that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall not be permitted, unless by special use permit approval.
j.
Any other uses of solar energy systems not contained in this Section must be approved through the process of a special use permit.
k.
Abatement. The City reserves the right to perform an inspection periodically to verify the system is being maintained. If a renewable energy system has been abandoned [meaning not having been in operation for a period of six (6) months], is defective or is deemed to be unsafe by the City Inspector, the renewable energy system shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within forty-five (45) days of written notice to the owner operator of the system. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator or the system.
3.
Specific Requirements.
a.
Permits. A renewable energy source system application is required for all systems and shall be submitted to the City of Duquesne, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Duquesne in Section 500.060, Application And Fees. The renewable energy source permit application, which will act as the building permit, upon approval from the City Inspector, shall include the following information:
(1)
Name and address of applicant.
(2)
Evidence that the applicant is the owner of the premises involved or that owner has granted permission on renewable energy source permit.
(3)
A plot plan and development plan drawn in sufficient detail to clearly describe:
(a)
Property lines and physical dimensions of the site.
(b)
Location, approximate dimensions and types of major existing structures and uses on site.
(c)
Location and elevation of the proposed solar energy system.
(d)
Roof-mounted systems require drawings indicating roof dimensions, a North arrow and bar scale of drawing, and show all ridge line or parapets for roof-mounted solar system. Identify all vents, chimneys, or other apparatus, including vertical objects (i.e., trees), that may affect the placement of the panel. Provide details of the overall size of the panel array and the arrangement of the array.
(e)
Ground-mounted solar systems require drawings, including North arrow and bar scale, lot dimensions, identify all streets adjacent to lot, identify easements and setbacks, provide details of solar unit's maximum height from grade and overall size of panel array, and any screening details (vegetation, fencing, etc.), provide distances from existing structures, trees, fences, and adjacent property lines.
(f)
Electrical, plumbing, and structural engineering information and drawings.
(g)
Provide detailed drawings of support structures or footings where applicable.
(h)
A picture showing the sample colors for the proposed solar energy system and the structure's roof material.
(i)
A copy of the design approval letter from the utility company shall be submitted for customers requesting to interconnect to the utility company's electrical grid.
(j)
Include make, model, picture and manufacturer's specifications.
b.
Installation And Operation. Installation of all solar energy systems shall comply with the following requirements:
(1)
Compliance with National Electrical Code, International Building Code, and International Residential Code.
(a)
Renewable energy system applications shall be accompanied by a line drawing identifying the electrical components of the solar system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code, International Building Code, and International Residential Code as currently adopted by the City. The application shall include a statement from a registered professional engineer or licensed electrician indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b)
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.
(2)
Ground-Mounted Solar Energy Systems.
(a)
Ground-mounted solar energy systems shall only be located in the side or rear yard of a property.
(b)
Ground-mounted solar energy systems and supporting structures may not exceed a total height of eight (8) feet if property is one (1) acre or less, fifteen (15) feet on property larger than one (1) acre, as measured from the average grade at the base of the supporting structure to the highest edge of the system.
(c)
Ground-mounted solar energy systems must be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, walls, plantings, or other architectural feature or any combination thereof; provided, however, that the screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.
(d)
The area underneath the ground-mounted solar panels shall be well maintained with the installation of mulch, landscaping rocks, maintained grass, pavement, or other attractive materials.
(e)
If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy stem shall be graded and reseeded.
(3)
Roof-Mounted Solar Energy Systems.
(a)
Solar panels shall be permitted on any sloped roof if the panels are mounted flush or parallel to the roof plane. Parallel mounting shall be placed no more than eight (8) inches higher than the roof surface.
(b)
When located on a sloped roof, solar panels shall be set back at least two (2) feet from any outside edge, ridge, or valley of the roof and shall not exceed the height of the roofline.
(c)
When located on a sloped roof, solar panels shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located.
(d)
A solar panel shall be permitted to project away from a flat roof if the solar panels are screened on all four (4) sides from all adjacent streets or properties with a material that matches or complements the architecture of the building.
(e)
The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of each panel or array per square foot and certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the solar energy system.
D.
Penalties For Offenses. Any person who violates any provision of this Section shall be subject to a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed fifteen (15) days, or both such fine and imprisonment.