Lewes City Zoning Code
ARTICLE XVII
Small Wind Energy Systems
§ 197-107 Applicability.
This article applies to small wind systems no greater than 60 kilowatts of rated nameplate capacity. This article does not apply to roof-mounted, building-integrated, building-mounted or architectural wind systems. It covers stand-alone, tower-mounted wind energy systems on private property within the City of Lewes.
§ 197-108 Definitions.
The following definitions shall apply to this article.
The normal, everyday sounds that are generated by community and vehicular activity.
A unit used to measure the power of a signal such as an electric signal or sound.
The height of a wind turbine measured from natural grade to the tip of the blade at its highest point, or blade-tip height.
The maximum rated output of electric power production equipment. Typically, this output is specified by the manufacturer by means of a "nameplate" on the equipment itself.
All equipment, machinery and structures utilized in concert with the conversion of wind to electricity. This includes, but is not limited to, storage of electrical collection and supply equipment, transformers, as well as wind turbines that are rated at 60kW capacity or less.
A device that converts kinetic wind energy into rotational energy. A wind turbine typically consists of a tower and nacelle body with two or more blades.
§ 197-109 General requirements.
A.
Parcel size. Any self-standing small wind energy system shall be permitted only on a parcel at least 1/2 acre in size. Parcels may be combined, but in such case only one wind turbine will be permitted. Wind turbines attached to structures or roof mounted will be addressed on a case-by-case basis depending on the structural integrity of the structure to be determined by a licensed structural engineer. Wind turbines on residences are discouraged.
B.
Building Inspector issues permit. No small wind energy system shall be erected, constructed, installed or modified without first obtaining a building permit from the City Building Official. All such wind energy systems should be constructed and operated in a manner that minimizes any adverse visual, safely, and environmental impacts.
(1)
The application for a City building permit for small energy wind energy systems must be accompanied by manufacturer-supplied drawings of the wind turbine structure and stamped engineered drawings of the tower base, footings and foundation as provided by the manufacturer.
(2)
Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components as supplied by the manufacturer in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. In addition, a completely executed interconnection agreement with the Lewes Board of Public Works must accompany the building permit application.
(3)
Such permits may also impose reasonable conditions, safeguards, and limitations on use, and may require the applicant to implement all reasonable measures to guard against unforeseen adverse impacts of the small wind energy system, should they occur.
C.
Compliance with laws, ordinances and regulations. The construction and operation of all such proposed small wind energy systems must be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable safety, construction, environmental, electrical, community and FAA aviation requirements.
D.
Only one private wind turbine tower per each legal lot shall be allowed.
§ 197-110 General siting standards.
A.
Setbacks. Each wind turbine shall be set back from the nearest property line a distance no less than 1.1 times its total height, unless appropriate easements are secured from adjacent property owners. Each wind turbine shall be set back from the nearest aboveground public utility lines a distance no less than 1.1 times its total height, determined from the existing utility lines.
B.
Tower height. For property lots between 1/2 acre and one acre, the tower height shall be limited to 65 feet. For lots of one acre or more, the tower height limit is 80 feet. To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a two-hundred-fifty-foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
C.
Noise. Except during short-term events, including utility outages and severe wind storms, small wind energy systems facilities shall be designed, installed and operated so that noise generated by the system shall not exceed ambient noise levels (exclusive of the development proposed) by more than six dBA at the nearest property line to any proposed wind turbine facility. In the event the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus a maximum of five dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.
D.
Electrical services. All on-site electrical services associated with the system shall be installed underground, except "tie-ins" to the BPW distribution system. Electrical connections must be in accordance with requirements of the electric tariff of the Lewes Board of Public Works and its construction standards, rules and regulations.
(1)
The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any wind energy facility.
E.
Speed controls. All private wind energy systems shall be equipped with manual and/or automatic overspeed control with automatic shut down above 50 miles per hour. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer.
§ 197-111 Design standards.
A.
Appearance, color and finish. The wind generator and tower shall remain painted or finished in nonreflective finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. The system and its components shall blend into the surrounding landscape to the greatest extent possible. The tower shall not significantly impair a scenic vista or scenic corridor as described in the Lewes Scenic Historic Byway plan.
B.
Lighting and signage. Wind turbines shall be lighted only if required by the FAA. Lighting of any other part of the small wind energy system shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from adjacent properties. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility and shall comply with Article VIII of this Chapter 197 of the City Code.
§ 197-112 Safety.
A.
Unauthorized access. Wind turbines or other structures as part of the small wind energy system shall be designed to prevent unauthorized access. For example, the tower shall be designed and installed to not provide step bolts or include a ladder readily accessible to the public for a minimum of eight feet above the ground.
B.
Controls. All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades and turbine components.
C.
Insurance. Proof of insurance coverage must be provided.
§ 197-113 Monitoring and maintenance.
A.
Maintenance. Once built, the owner shall maintain the small wind energy system in good condition. Maintenance shall include but not be limited to painting, structural repairs and other prudent measures.
B.
Abandonment and removal. Any small wind energy system that has reached the end of its useful life or has been abandoned shall be removed by the owner of the property on which it is located. A small wind energy system shall be considered abandoned when it fails to operate for six months. Upon notice by the Building Official, the owner will have 90 days to provide sufficient evidence that the system either has not been abandoned or take steps to dismantle the small wind energy system. If the 90 days elapse with no action by the owner, the City shall have the authority to enter the property and remove the system at the owner's expense.