Greenville City Zoning Code
ARTICLE X
Distributed Wind Turbines
§ 205-54 Purpose.
It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems that are installed to reduce the on-site consumption of utility-supplied electricity.
§ 205-55 Findings.
A.
The Town of Greenville recognizes the common good of distributed wind systems and finds that wind energy is an abundant, renewable, and nonpolluting energy resource. Its conversion to electricity will reduce our dependence on nonrenewable energy resources, encourage stewardship and conservation of our nonrenewable energy resources for future generations and decrease the air and water pollution that results from the use of conventional energy sources. Distributed wind energy systems enhance the reliability and power quality of the electrical grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Distributed wind energy systems also make the electricity supply market more competitive by promoting customer choice, as well as fostering economic stability through job creation which encourages the growth of local, small businesses.
B.
The State of New York has enacted a number of laws and programs to encourage the use of distributed renewable energy systems, including rebates, net metering, property tax exemptions, feed-in-tariffs, and solar easements (as appropriate). However, many existing zoning ordinances contain restrictions that discourage the installation of distributed wind turbines and substantially increase the time and costs required to obtain necessary zoning and/or construction permits.
C.
Therefore, we find it necessary to standardize and streamline the proper issuance of zoning and building permits for distributed wind energy systems so that this clean, renewable energy resource can be utilized in a cost-effective, responsible and timely manner.
§ 205-56 Definitions.
A wind energy system serving a local electric load.
DISTRIBUTED WIND ENERGY SYSTEM UP TO AND INCLUDING 100 kWA distributed wind energy system which has a rated power output of 100 kW or less.
DISTRIBUTED WIND ENERGY SYSTEM LARGER THAN 100 kWA distributed wind energy system which has a rated power output greater than 100 kW.
TOTAL SYSTEM HEIGHTThe height above grade of the fixed portion of the tower, plus the wind turbine and extending to the uppermost reach of the rotor.
RATED POWER OUTPUTThe power output of a distributed wind energy system at a constant hub height wind speed of 11 m/s (25 mph).
TOWERA guyed or freestanding structure, anchors and foundation that is specifically engineered to support a wind turbine.
HUB HEIGHTFor horizontal axis wind turbines, hub height is the height of the center of the wind turbine rotor above the terrain surface. For vertical axis wind turbines, the hub height is the height of the horizontal centerline of the rotor above the terrain.
OBSTRUCTIONAnything that interferes with the laminar (straight, smooth) flow of wind, causing a level of turbulence that could interfere with the proper function and/or productivity of a wind turbine.
SWEPT AREAProjected area perpendicular to the wind direction that a rotor will describe during one complete rotation.
A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics.
§ 205-57 Permitted use.
Distributed wind energy systems up to and including 100 kW and distributed wind energy systems larger than 100 kW shall be permitted in the Rural Residential Zoning District upon site plan review and Planning Board approval, subject to certain requirements as set forth below:
A.
All distributed wind energy systems are subject to certain requirements as set forth below.
(1)
System height. Wind turbine systems shall be allowed to be tall enough to facilitate proper function. Specifically, they shall adhere to the industry standard that the entire wind turbine should be at least 30 feet above both a) any obstruction within a 500 feet radius, and b) the surrounding tree height.
(2)
Minimum system height. In no case shall the hub height be less than 60 feet. In cases where the manufacturer's minimum hub height recommendation is higher than 60 feet, that recommendation shall be used as the minimum allowable hub height.
(3)
Maximum system height. One hundred ninety feet and in compliance with FAA regulations and the required setbacks.
(4)
Building mounted systems. Wind turbines mounted on buildings are still required to follow the industry standard that the entire wind turbine should be 30 feet above all obstructions within a 500-foot radius of the turbine, including the structure to which it is mounted, and the surrounding tree height.
B.
Setback. Local building and zoning ordinances for structures shall be followed with the express provision that no part of the wind system structure, including guy wire anchors or any other appurtenance, may extend closer than the total system height to any property boundary line. No setback requirement shall exceed 1.5 times the total system height as measured to the center of the base of the tower.
(1)
Neighboring property line. A distributed wind energy system shall follow all setbacks, unless written permission is obtained from the existing owner of the affected adjoining property at the time of application.
(2)
Overhead power lines and other setbacks. Wind turbines shall follow existing ordinances for structures in regard to setback from overhead utility lines, roads, easements public buildings and other utilities, provided the setback requirement shall not exceed the total system height.
(3)
Multiple wind turbines. Applications for multiple wind turbines on a single property shall follow manufacturer or installer recommendations regarding minimum separation between turbines.
(4)
Access. To prevent unauthorized climbing, climbing pegs shall be removed from the lower 10 feet of the tower, or ladder access shall be restricted. Fences shall not be required as they deny critical access to the tower base.
C.
Signage. A "Danger, High Voltage" sign shall be installed where it is clearly visible by persons standing near the tower base.
D.
Sound. During normal operation, distributed wind energy systems shall not exceed five dBA over ambient sound as measured at the closest neighboring inhabited dwelling that exists or is permitted for construction at the time of permit application for the wind energy system. This sound level may be exceeded during short-term events, such as utility outages and storms. Complainant shall bear the burden of proof until and unless the wind turbine system has been proven to be out of compliance with the article.
E.
Turbine standards.
(1)
Distributed wind turbines with a rotor swept area of up to 200 m2 shall be certified to the most current version of AWEA 9.1 Small Wind Turbine Performance and Safety Standard by the Small Wind Certification Council or an accredited certification agency. Applications for provisionally certified or noncertified turbines with swept areas up to 200 m2 may be considered on a case-by-case basis, but shall, in all cases, include a description of the safety features, a power curve complying with IEC 61400-12-1 or AWEA 9.1. and an acoustic test report complying with IEC61400-11 or AWEA 9.1.
F.
Compliance with FAA regulations. Distributed wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
G.
Compliance with National Electrical Code (NEC). The installation of a distributed wind energy system shall comply with section 694 (or the most-current applicable section, if updated) of the NEC. Applications must be accompanied by a single-line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the NEC. Wet-stamped drawings shall not be required for a distributed wind energy system up to and including 100 kW.
H.
Utility notification. No grid-tied distributed wind energy system shall be installed until evidence has been submitted that the applicant's utility company has been informed of the customer's intent to install an interconnected customer-owned generator.
I.
Antennas. Wind turbine towers installed under this article may also be used to host antennas, so long as the structure is shown to meet the state and local structural code requirements.
J.
Fee. The building permit fee for a distributed wind energy system shall follow the existing fee structure for permits required of other structures in the appropriate district. In the absence of such fee structure, the permit fee for a distributed wind energy system shall not exceed $20 per kW of rated power output or a maximum of $1,500. Additional charges for inspections shall apply at the standard rate used for other structures.
K.
Decommissioning. A distributed wind system that has reached the end of its useful life shall be removed within six months of such determination. A distributed wind energy system is considered to have reached the end of its useful life when it has been inoperable for 12 consecutive months. Time extensions are allowed when good faith efforts to repair the turbine can be demonstrated. Foundations need not be removed.
(1)
Financial surety. Prior to the issuance of a building permit and every three years thereafter, the commercial solar PV system owner and/or landowner shall file with the Town evidence of financial security to provide for the full cost of decommissioning and removal of the solar PV system in the event the system is not removed by the system owner and/or landowner.
(a)
Evidence of financial security shall be in effect throughout the life of the system and shall be in the form of an irrevocable letter of credit or other security acceptable to the Planning Board. The irrevocable letter of credit shall include an auto extension provision, to be issued by an A-rated institution solely for the benefit of the Town. The Town shall be entitled to draw on the letter of credit in the event that the wind energy system owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner, shall have the ability to demand payment under the letter of credit. Upon completion of decommissioning, the owner and/or landowner may petition the Town to terminate the letter of credit.
(b)
In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Town at the time of transfer, and every three years thereafter, as provided herein.
(2)
Amount. The amount of the surety shall be determined by the Town Engineer based upon a current estimate of decommissioning and removal costs as provided in the decommissioning plan and subsequent annual reports. The amount of the surety may be adjusted by the Town upon receipt of an annual report containing an updated cost estimate for decommissioning and removal.