The purpose of this chapter is to oversee the permitting of small wind energy systems in order to preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of small wind energy systems.

(Ord. O-2009-024, passed 8-25-09)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The city of Gun Barrel City, Texas, acting either through its governing body or the Mayor or his or her designee.

FAA. The Federal Aviation Administration or its successor agency.

MAYOR. The mayor of the city or his or her designee.

METEOROLOGICAL TOWER. Defined to include the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

OWNER. The individual or entity that intends to own and operate the small wind energy system in accordance with this chapter and includes the person or entity that owns the real estate on which the small wind energy system is situated as well as any occupant or person in control or supervision of the real estate.

ROOF MOUNTED SYSTEM. A small wind energy system mounted on and not exceeding more than 60 inches above the highest point of said structure.

ROTOR DIAMETER. The cross sectional dimension of the circle swept by the rotating blades.

SMALL WIND ENERGY SYSTEM.

(1)

A small wind energy system that:

(a)

Is used to generate electricity;

(b)

Has a maximum nameplate power capacity of 60 kilowatts or less; and

(c)

Has a total height of no more than 60 feet (one to two acres) / 80 feet (two+ acres) in agricultural and nonresidential districts, and 40 feet in residential districts.

(2)

SMALL WIND ENERGY SYSTEM means a wind-driven energy conversion system that converts wind energy into electricity though the use of wind energy that drives a wind turbine, that has a nameplate rated capacity of not more than 60kw output at any given time, and that is intended for on-site production and consumption of electricity. The equipment converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

TOTAL HEIGHT. The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

TOWER. The monopole, freestanding, or guyed structure that supports a wind generator.

WIND GENERATOR. Blades and associated mechanical and electrical conversion components mounted on top of the tower.

(Ord. O-2009-024, passed 8-25-09)

(A)

Small wind energy systems shall not be erected, constructed, relocated or maintained in the territorial limits of the city unless a valid permit has first been issued and the small wind energy system is in full compliance with the provisions of this chapter, the ordinances of the city, and all applicable laws and regulations. Small wind energy systems shall not be permitted, erected, constructed or installed on any lot or tract of property if the setbacks and spacing requirements of this chapter are not met. Small wind energy systems that do not meet the requirements of small wind energy systems are prohibited.

(B)

A small wind energy system shall be a permitted use in all zoning districts, subject to the issuance of a permit, and subject to the following requirements:

(1)

Prohibited locations. Small wind energy systems shall not be erected, constructed or located within any public right-of-way; within any easement, public or private, without the written consent of the owner of the easement; within any front, side or rear property setback area; and, no part of a small wind energy system shall extend or be located beyond the lot lines of the property on which the system is erected.

(2)

Compliance standards. A small wind energy system shall be erected and installed according to the instructions of the system manufacturer and under the seal of a professional engineer registered in the state. All components of the system must be in compliance with this chapter, the ordinances of the city, and all applicable state and local building codes. The system must have a certificate of compliance from Underwriters Laboratories, Inc., with the most current standard and UL 1741 Standard for Safety for Inverters, Converters, Controllers, and Interconnection system equipment for use with distributed energy resources. All applicable components of the small wind energy system shall meet and comply with the city's building codes and electrical code.

(3)

Required setbacks; platting. A tower for a small wind system shall be set back from the property lines and any overhead or aboveground public or private utility line, cable or human inhabited structure, at a distance equal to 110% of the total height. No tract of property shall be subdivided, platted or replatted such that a preexisting small wind energy system will fail to meet the foregoing requirements.

(4)

Minimum ground clearance. The blade tip of any wind generator shall, at its lowest point, have a ground clearance of no less than 15 feet as measured at the lowest point of the blade.

(5)

Access. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(6)

Electrical wiring. All electrical wiring associated with a small wind energy system, other than wiring necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, lightning protection and grounding wiring, shall be located underground.

(7)

Sound requirements. Small wind energy systems shall not exceed a noise level of 50 decibels at the property line.

(8)

Appearance, color, and finish. The wind generator and lower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the small wind energy system permit. Reflective finishes are not permitted.

(9)

Maintenance. The paint, finish, landscaping, and structural integrity of a small wind energy system and each of its components shall be maintained at all times. All such systems shall be maintained at all times according to the manufacturer's specifications.

(10)

Lighting. All lights not required by the Federal Aviation Administration are prohibited. When obstruction lighting is required by the FAA, such lighting shall meet but not exceed the minimum requirements of the agency.

(11)

Signal interference. No small wind energy system shall cause interference with television, radio, microwave, navigation or other communication signals. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified.

(12)

Lightning protection. All small wind energy systems shall have lightning arrestors installed and properly grounded.

(13)

Signage prohibited. No advertising or signage of any type, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, shall be allowed or permitted on a small wind energy system.

(14)

Limit of one. No more than one small wind energy system shall be erected, constructed, operated or permitted on any single lot or tract.

(15)

One acre minimum. No small wind energy system shall be erected on less than a one-acre tract or lot.

(Ord. O-2009-024, passed 8-25-09)

Cross reference— Penalty, see § 158.99

A small wind energy system shall meet current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate wind energy systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owner of the wind energy system shall bring such wind energy system into compliance with those revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.

(Ord. O-2009-024, passed 8-25-09)

(A)

A small wind energy system that has become unstable, leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the city's Building Official to the owner of the lot upon which the system is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense.

(B)

A small wind energy system that is out of service or not in continuous operation for a continuous period of 12 months shall be deemed abandoned and shall be removed by the owner at the owner's sole expense. Any person intending to abandon or discontinue, or that is required to abandon or discontinue, the use of a small wind energy system shall notify the city's Building Official in writing of the proposed date of abandonment or discontinuation not less than 30 days before abandonment or discontinuation. Upon abandonment or discontinuation of use, the owner shall physically remove the entire system at the owner's sole expense within 90 days of the date of abandonment or discontinuation of use. 'Physically remove' includes, without limitation, the actual complete removal of the tower, turbine and all other components of the small wind energy system from the site of the original installation. In the event that an owner fails to give such notice, the small wind energy system shall be considered abandoned if the system is not operated for a continuous period of 12 months.

(Ord. O-2009-024, passed 8-25-09)

No grid-interconnected small wind energy system shall be installed, constructed or maintained until evidence has been given to the city that the appropriate utility provider has been informed of the owner's intent to install a grid-connected customer-owned wind energy steam and that the customer's system meets the utility's approved specifications for interconnection. Off-grid systems shall be exempt from this requirement.

(Ord. O-2009-024, passed 8-25-09)

Cross reference— Penalty, see § 158.99

The following general regulations apply to all small wind energy systems located within any approved district regardless of whether it is lower-mounted or roof-mounted. A small wind energy system lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein. Nothing contained in the section is intended to supersede the provisions of any applicable deed restrictions.

(A)

No person shall erect, construct, maintain or cause to be erected, constructed or maintained a small wind energy system without first having applied for and been issued a valid special use permit to do so. A small wind energy system permit shall not be issued unless the requirements of this chapter and this section have been met and satisfied. The following procedure is required.

(1)

An application and the special use permit fee must be submitted to the City Secretary in order to begin the proceedings to obtain a special use permit.

(2)

The Planning and Zoning Commission must hold a public hearing to discuss the request for a special use permit. The public hearing must be advertised in the paper ten days prior to the public hearing. In addition, the City Secretary must give written notification to all residents within 200 feet of the location where the individual or entity intends to erect, own and operate the small wind energy system. After the public hearing, the Planning and Zoning Commission will make a recommendation to the City Council on their findings.

(3)

The City Council must also hold a public hearing to discuss and take action on the request for a special use permit. The public hearing must be advertised in the paper 15 days prior to the public hearing. After the public hearing, the Council will make a final determination whether or not to grant the special use permit.

(B)

A small wind energy system may be erected or constructed on a lot or tract of land only after a primary structure has been constructed on the lot or tract.

(C)

Permit applications shall be submitted on forms furnished by the city and shall demonstrate full compliance with all applicable federal, state and city building and electrical codes. A small wind energy system permit application shall be accompanied by:

(1)

The permit fee shall be as provided for in the Fee Schedule found in Appendix 1 of the Code of Ordinances;

(2)

A survey and legal description of the lot or tract on which the system is to be erected;

(3)

A site plan showing:

(a)

The tract or lot lines, the dimensions of the lot or tract, all building and setback lines, and the location of the proposed small wind energy system;

(b)

The location of existing buildings and structures, overhead utility lines, and utility easements;

(c)

The location and course of all streets and roadways within and adjacent to the lot or tract;

(d)

The land uses and zoning district designations of adjacent properties; and

(e)

Natural features on the lot or tract.

(4)

A detailed depiction and description of the proposed small wind energy system showing:

(a)

Wind system specifications, including the design and height of the small wind energy system, including the tower, base and footings, the manufacturer and model, and rotor diameter;

(b)

All components of the system;

(c)

Standard installation drawings of the tower and wind turbine; and

(d)

Tower and tower foundation blueprints or drawings;

(5)

A drawing and engineering analysis or report regarding the system's tower, and showing compliance with building codes, prepared by a professional engineer registered in the state;

(6)

Proof of compliance with the city's electrical code, including but not limited to line drawings of the electrical components in sufficient detail to demonstrate compliance with the electrical code; and

(7)

A certificate of insurance or other proof of insurance coverage in an amount of not less than $300,000 insuring the owner against liability arising from the wind turbine and the small wind energy system.

(D)

The erection or construction of a small wind energy system shall not commence until a valid permit has been issued. Upon completion of construction, a small wind energy system shall not be operated or maintained until an inspection by the city determines that the system meets the requirements of this chapter.

(E)

Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

(F)

Tower-mounted systems.

(1)

If the system is mounted on a tower, either an engineering analysis of the tower or a copy of the manufacturing specifications demonstrating compliance of the system shall be required. An engineering analysis shall be prepared by a licensed professional engineer registered in the State of Texas.

(2)

For other than a roof-mounted installation, the maximum height of the system shall not exceed 40 feet for residential and 80 feet for nonresidential from ground level to the topmost portion of the system inclusive of the turbine and blades. For horizontally mounted (vertically-spinning) turbines, the measurement of maximum height shall be made by measuring to the center of the turbine shaft and then adding the length of a blade. Additionally, no system when installed shall exceed the height recommended by the manufacturer or the distributor of the system.

(3)

A tower-mounted wind energy system shall be anchored only in the rear yard of the lot on which the system is located. A tower-mounted system may not be located nearer to a side or rear lot line than 110% of the height of the system, inclusive of turbine blades. No part of a wind energy system, including blades or guy wire anchors, may protrude across a property line or encroach upon any easements.

(G)

Roof-mounted systems. Any system designed to be mounted on the roof of a structure that does not extend more than 60 inches above the roof line shall not exceed 50 decibels at the property line and must be 30 feet from the nearest structure. If a roof-mounted system is proposed, an analysis shall be prepared by an engineer licensed in the State of Texas to ensure that the roof and structure are capable of supporting the roof-mounted system in winds of 90 miles per hour.

(Ord. O-2009-024, passed 8-25-09)

Cross reference— Penalty, see § 158.99

(A)

The Mayor may revoke or suspend a permit for cause or if it is determined that a small wind energy system is not in compliance with the requirements of this chapter or other laws or regulations. The owner shall be given not less than seven days' notice of suspension or revocation, which notice shall be presumed received on the expiration of three days after deposit in the mail properly addressed to the owner at the address stated in the application, or immediately upon hand-delivery to the owner.

(B)

Upon expiration of the period set forth in the notice, the operation of the small wind energy system shall cease. If the violation or event of noncompliance giving rise to the suspension is not corrected, and the suspension lifted and permit reinstated, within 90 days thereafter, the small wind energy system shall be removed by the owner at the owner's sole expense. If a permit is revoked and a new permit is not thereafter issued within 90 days after the date of revocation, the small wind energy system shall be removed by the owner at the owner's sole expense.

(C)

The suspension or revocation of a small wind energy system permit may be appealed by written notice of appeal, filed with the city, within 20 days after receipt of notice of suspension or revocation. The use and operation of the small wind energy system shall cease upon expiration of the period set forth in the notice, notwithstanding the pendency of an appeal. The town council shall have sole and exclusive authority to hear and decide all such appeals, and the decision of the town council shall be final and binding.

(Ord. O-2009-024, passed 8-25-09)

(A)

No small wind energy system or component shall be erected, constructed or maintained such that the system or component presents a danger or is hazardous to the public health or safety.

(B)

If a small wind energy system is determined to present a danger or be hazardous to the public health or safety, the small wind energy system or component shall be immediately removed. Notwithstanding any other provision of this chapter, the Mayor may issue an order to the owner to immediately remove and abate a dangerous or hazardous small wind energy system.

(C)

If a small wind energy system is determined to present a danger or be hazardous to the public health or safety, the owner or any responsible person may be punished in accordance with the provisions of this chapter. In addition, the city may pursue civil injunctive relief in any court of proper jurisdiction to restrain such violations, as well as any other remedy available by law. Any and all such remedies are cumulative.

(Ord. O-2009-024, passed 8-25-09)

Cross reference— Penalty, see § 158.99

(A)

It is unlawful for any person to construct, install, maintain or operate a small wind energy system that is not in compliance with this chapter or with any condition contained in a small wind energy system permit issued pursuant to this chapter.

(B)

It is unlawful for any person to violate any condition, notice or order directed to the owner regarding the discontinuance or removal of a small wind energy system or component thereof.

(C)

Any owner, person, firm or association violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor offense and upon conviction, shall be punished by a fine not to exceed the sum of $2,000 and each and every day a violation continues shall be deemed a separate offense.

(D)

A violation of any term or provision of this chapter may be enjoined by civil injunctive relief. The city may, at its sole option, seek injunctive and other equitable relief to restrain any violation of this chapter and may, in addition, pursue any lawful remedies to correct, abate, or punish any violation hereof.

(E)

The penalties and remedies provided for in this chapter are not exclusive of each other or of any other remedy at law or in equity, and all such remedies are declared to be cumulative.

(Ord. O-2009-024, passed 8-25-09)