Preamble/Intent. The purpose and intent of providing regulations for the placement and use of alternative energy systems is to allow for the use of alternative energy generating systems by those citizens who wish to use them while protecting the adjacent property owners from any negative effects from those types of systems. Each of the various types of generating systems shall be regulated by its own criteria; however, the goal of this chapter is to provide well-designed and safe alternative systems throughout the city.

(Ord. No. 12-01, § 1, 1-4-12)

A.

Solar Energy Systems.

(1)

Purpose. This section is intended to promote the compatible use of solar energy systems and to assist in decreasing the city's dependence upon nonrenewable energy systems through the encouragement of solar energy systems.

(2)

Standards. Solar energy systems shall be a permitted use in all zoning districts subject to the following requirements. Private restrictions on solar energy systems, such as homeowner's association covenants or restrictions, shall not be permitted.

(3)

Definitions:

a.

"Solar collector" means one (1) of the following which is capable of collecting, storing, or transmitting at least twenty-five thousand (25,000) BTU's on a clear winter solstice day.

i.

A wall, clerestory, or skylight window designed to transmit solar energy into a structure for heating purposes.

ii.

A greenhouse attached to another structure and designed to provide part or all of the heating load for the structure to which it is attached.

iii.

A trombe wall, drum wall, or other wall or roof structural element designed to collect and transmit solar energy into a structure.

iv.

A photovoltaic collector designed to convert solar energy into electric energy.

v.

A plate-type collector designed to use solar energy to heat air, water, or other fluids for use in hot water or space heating, or other applications.

vi.

A massive structural element designed to collect solar energy and transmit it to internal spaces for heating.

vii.

Ground-mounted solar collectors cannot exceed the dimensions of a shed structure as defined in this ordinance in Section 1.7. Definitions.(A)(118.1)

b.

"Solar right" means a property right to an unobstructed line-of-sight path from a solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector between the hours of 9:00 a.m. and 3:00 p.m. The extent of the solar right shall be described by that illumination provided by the path of the sun on the winter solstice day which is put to a beneficial use or otherwise limited by this act.

c.

"Winter Solstice Day" means the solstice on or about December 21 ^st which marks the beginning of winter in the northern hemisphere and is the time when the sun reaches its southernmost point.

d.

"Solar-oriented lot" means one (1) of the following:

i.

A lot with a front lot line oriented to within thirty (30) degrees of a true east-west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve; or

ii.

A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or

iii.

A corner lot with a south lot line oriented to within thirty (30) degrees of a true east-west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north-south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space.

(4)

Height. Roof-mounted solar systems may exceed by three (3) feet the roof line upon which the solar array is to be mounted.

(5)

Setbacks. Solar energy collectors, storage tanks and equipment, or other solar equipment for a solar energy system must meet the minimum setback requirements for a shed structure as defined in this ordinance in Section 1.7. Definitions.(A) (118.1) and Section 2.3 Height and Bulk Requirements

(6)

Conflict with Other Municipal Policies and Ordinances. Nothing in this subsection does, or is intended to, abrogate the owner's responsibility to meet all other requirements of this code, including, but not limited to the following: preservation of private and public views, the quality of architectural design, the preservation of historic landmark structures, or the like.

B.

Solar Rights.

(1)

Purpose. The purpose of these regulations is to protect the health, safety, and general welfare of the community by encouraging the use of solar energy systems. The overall objective of these regulations is to provide adequate protection from interference by structures, trees or topography. It is the intent of these regulations to provide a means of protection for the use of solar collectors without causing undue hardships on the rights of adjacent property owners and to establish solar collectors as a permitted use in all zoning districts.

(2)

Application. Any person who desires to obtain a solar right shall first make application to the community development department for a solar access permit for a specific solar collector. A permit application for a solar right shall consist of the following materials:

a.

The original and two (2) copies of a completed solar rights permit application.

b.

A review fee of one hundred dollars ($100.00), made payable to the City of Green River.

c.

The names and mailing addresses of all adjacent property owners and those within one hundred (100) feet of the property.

d.

The original and two (2) copies of a site plan drawn to scale of not less than one (1) inch to twenty (20) feet showing at least the following detail:

i.

The site plan shall include an area containing the subject property and surrounding property, vegetation and buildings which would lie in a line-of-sight path from the solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector.

ii.

Title block containing owner's name, legal and common address (es) of the site and use of the structure(s).

iii.

North arrow, scale and date of preparation of the plan.

iv.

Names of all adjacent streets.

v.

Dimensions of property.

vi.

Dimensions, heights and location of all structures on the site.

vii.

Location, height and type (common name) of all trees, bushes and shrubs on site and estimated height at full growth.

viii.

Location and heights of all walls and fences on the site.

ix.

Dimensions and location of solar collector surface.

x.

Direction in which collector is oriented.

xi.

Height of collector above ground level.

xii.

Signature block for zoning approval

xiii.

Degree line from base of collector (as measured above the horizon).

(3)

In applying for a solar rights permit, the applicant shall have the burden to prove that he will not encroach upon recorded solar rights of adjacent or nearby properties.

(4)

Approval.

a.

The community development department shall schedule a public hearing before the planning and zoning commission for a solar rights permit for any solar collector which complies with these regulations.

b.

A letter describing the proposed solar rights application, a copy of the solar rights legal description and site plan will be mailed to all potentially affected property owners. The date and time of the public hearing will be listed in the letter.

c.

The commission shall consider the effect of the proposed solar rights permit on the health, safety, and general welfare of the surrounding properties. The commission may grant the application by motion, imposing such conditions and safeguards as it deems necessary, or the application may be denied. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval exist.

d.

An applicant or an affected property owner has the right to appeal to the City Council of Green River the decision of the planning and zoning commission within thirty (30) days of the decision of the commission. A permit cannot be granted until the appeals process has been exhausted.

e.

Recording of Solar Rights and Permits. The permit application and site plan shall be filed in the Sweetwater County Clerk's office after the planning and zoning commission approves the solar rights application and site plan. A recording fee for filing the permit application and site plan, made payable to the Sweetwater County Clerk, shall be submitted to the department. The department shall be responsible for recording the permit application and site plan. The application and site plan shall become official after being recorded in the county clerk's office.

(5)

Solar Access Permit Required for Protection of Solar Right.

a.

A solar permit shall be issued before a solar right may be established under this chapter.

i.

A solar permit shall be granted for any proposed or existing solar collector that complies with the requirements of this chapter and other city ordinances and state law.

ii.

Solar rights under applications filed subsequent to the effective date of the ordinance codified in this chapter shall vest on the date the solar permit is issued, which date shall also be the priority date of the solar right. The solar collector shall be put to beneficial use within two (2) years of that time, except additional time may be granted by the city for good cause shown. The department shall certify the right and its beneficial use within two (2) years of its vesting. In the event beneficial use has not been established, the department shall revoke the permit and record the revocation with the county clerk.

iii.

Users of solar collectors that existed prior to the effective date of the ordinance codified in this section shall apply for permit(s) within five (5) years after the effective date. The priority date for these solar rights shall be the first date the solar collector was beneficially used, which shall be determined by the department.

b.

Restrictions on solar rights.

i.

Solar rights are granted to the solar collectors and not the property as a whole.

ii.

Solar collectors shall be located on the solar user's property so as not to unreasonably or unnecessarily restrict the uses of neighboring property. Unreasonable or unnecessary restriction shall include, but not be limited to, any restriction that would prohibit the uses allowed by city code (but not including planting of trees).

iii.

No solar right shall attach to a solar collector or a portion of a solar collector, that would be shaded by a hypothetical non-light-transmitting, ten-foot high wall located on the property line on a winter solstice day.

iv.

The solar right to radiation of the sun is granted only between the hours of 9:00 a.m. and 3:00 p.m.

v.

A solar right that is not applied to a beneficial use for a period of five (5) years or more shall be deemed abandoned and without priority.

vi.

The priority of new construction with regard to interference in solar rights shall vest as of the date of application for a building permit.

c.

Prior Existing Uses.

i.

The lawful location of structures in existence prior to the time of beneficial use of an existing solar energy collection system or in existence at the effective date of the ordinance codified in this title may be continued, even though the location does not conform to the requirements of this section, provided the structure conforms or is legally non-conforming in other aspects under this title.

ii.

The solar applicant shall be required to take the permit subject to the natural growth of all vegetation that exists at the time of filing the application.

iii.

Such structure or vegetation that has been damaged by fire or a calamity may be restored to its original condition or replanted, provided the work is commenced within eighteen (18) months of the calamity. In addition, normal and routine maintenance of structures may be carried on.

iv.

Whenever the use of such a structure or presence of vegetation has been discontinued for a period of eighteen (18) months, the structure or vegetation shall not thereafter be re-established, unless such future use shall be in conformance with provisions of this title.

C.

Solar Oriented Lots.

(1)

Purpose. It is the city's intent to encourage the use of both active and passive solar energy systems as long as natural topography, soil, or other subsurface conditions or other natural conditions peculiar to the site are preserved. While the use of solar energy systems is optional, the right to solar access is protected. Solar collectors require access to available sunshine during the entire year, including between the hours of 9:00 a.m. and 3:00 p.m., Mountain Time on the winter solstice date, when the longest shadows occur. Additionally, a goal of this section is to ensure that design review plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon the solar potential of adjacent property owners. Thus, standards are set forth to evaluate the potential impact of shade caused by buildings, structures, and trees.

(2)

Solar-Oriented Residential Lots. At least forty (40) percent of the lots of less than fifteen thousand (15,000) square feet in area in single- and two-family residential developments shall conform to the definition of a "solar-oriented lot" in order to preserve the potential for solar energy usage.

(3)

Access to Sunshine. The elements of the development plan (e.g., buildings, circulation, open space, and landscaping) shall be located and designed, to the maximum extent feasible, to protect access to sunshine for planned solar energy systems or for solar-oriented rooftop surfaces that can support a solar collector or collectors capable of providing some or all of the anticipated power needs of the buildings in the project between the hours of 9:00 a.m. and 3:00 p.m. Mountain Time, on December 21.

(Ord. No. 12-01, § 2, 1-4-12)

A.

Purpose. The purpose of this chapter is to provide a uniform set of standards, conditions, and procedures for the placement of wind energy systems, and temporary meteorological towers on property located within the City of Green River.

B.

Definitions.

(1)

"A-Weighted Sound Level (dbA)" means a measurement of sound pressure level, which has been filtered or weighted to progressively de-emphasize 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 mid-range of the frequency spectrum. This area of sensitivity also corresponds to the human speech band.

(2)

"Decibel (db)" means 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).

(3)

"FAA" means the Federal Aviation Administration of the United States Department of Transportation.

(4)

"Guy cable" means any cable or wire that extends from a wind energy system for the purpose of supporting the system structure.

(5)

"Meteorological tower" (Met Tower) means a facility consisting of a tower and related wind-measuring devices, which is used solely to measure winds preliminary to construction of a wind energy 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 system for which they are measuring. A request to install a meteorological tower shall be included in the application to install a wind energy system.

(6)

"Rated nameplate capacity" means the maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

(7)

"Wind energy system" means a wind energy system consisting of a tower or pole, a turbine, and associated control or conversion electronics that generates power for an individual property. 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.

(8)

"Tower" means the monopole, freestanding, or guyed structure that supports a wind energy system.

(9)

"Tower height" means the total height above finished grade of the fixed portion of the tower, including the wind turbine blades.

(10)

"Turbine" means 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).

C.

Permitted use. Wind energy systems shall be permitted, as an accessory use, in all zoning classifications, subject to all requirements as provided herein.

D.

General requirements.

(1)

Minimum Lot Size. There is no minimum lot size requirement for wind energy systems.

(2)

Maximum Tower Height.

a.

The maximum tower height for a ground-mounted wind energy system on a property less than twenty thousand (20,000) square feet shall be the maximum height allowed for that zoning district.

b.

The maximum tower height for a wind energy system on a property between twenty thousand (20,000) square feet and one (1) acre in size shall be seventy (70) feet.

c.

The maximum tower height for a wind energy system on properties between 1.01 acres and five (5) acres in size shall be one hundred (100) feet.

d.

For a wind energy system on properties larger than five (5) acres, there is no limitation on tower height, except as imposed by FAA regulations

(3)

Minimum Setbacks.

a.

Minimum setbacks for any wind energy system shall be one hundred ten (110) percent of the height of that system.

b.

No part of a ground-based wind energy system structure, including, but not limited to, guy wire anchors, may extend closer than ten (10) feet to the property line.

c.

No wind energy system shall be located in the front yard setback.

(4)

Sound. Wind energy systems shall not exceed sixty (60) dbA, measured five (5) feet 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 sustained winds exceeding forty (40) miles per hour.

(5)

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

(6)

Automatic Over-Speed Controls. All wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy system.

(7)

Utility Notification. No wind energy systems shall be installed until written evidence has been given that the electrical utility company has been informed of, and acknowledged the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(8)

Color. Colors of wind energy systems shall be white, off-white, gray, or neutral subdued tones, such as earth tones of green or brown. Wind energy systems shall not be finished in bright or vivid colors, nor shall they be used for advertising of any kind.

(9)

Multiple Towers. Multiple wind energy systems are allowed on any site provided all minimum standards are met.

(10)

Lighting. Wind energy systems shall not be artificially lighted, except as required by the FAA.

(11)

Climb Prevention. Ground-based wind energy systems shall not be climbable up to fifteen (15) feet above the ground surface.

E.

Application requirements. The applicant shall provide the following materials to the community development department as part of a building permit application, for wind energy systems:

(1)

A completed application provided by the community development office.

(2)

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

(3)

A scaled eight and one-half (8½) inches by eleven (11) inches or larger plot plan of the proposed wind energy system, to include property lines, setbacks, physical dimensions of the property, and locations of structures and the tower, base, footings, generator, blades, guy wires, and all associated equipment as well as any adjacent residential structures.

(4)

All drawings and plans as necessary to show that the proposed design is in compliance with the requirements of the adopted building code as well as the current National Electric Code and local electrical code. 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 the installation conforms to the National Electrical Code and local electrical codes.

(5)

Evidence satisfactory to the community development department, that the proposed system meets the following standards:

a.

That wind energy system is UL listed, and/or meets the Institute of Electrical and Electronic Engineers (IEEE) standards, or other nationally recognized testing lab (NRTL); or,

b.

Information demonstrating that the wind turbine is approved under an emerging technology program, such as International Electrotechnical Commission (IEC), the US Department of Energy or any other acceptable organizations noncertified wind turbines and mounts must submit a description of the safety features of the turbine and mounting systems prepared by a professional mechanical engineer.

F.

Review and approval. After the submittal of all required application materials, the community development department shall review the submittal and shall issue a building permit for wind energy systems if the application materials meet all requirements of this chapter, and all applicable building and electrical codes.

G.

Abandoned facilities.

(1)

Any wind energy 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 wind energy 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 city may remove the system at the owner's expense.

(2)

The city reserves the right to enter upon and disconnect, dismantle or otherwise remove any wind energy system should it become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the city administrator 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 city 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 city for all costs incurred for action taken pursuant to this section.

(Ord. No. 12-01, § 3, 1-4-12)