The express purposes of this Chapter are the following:

1. Permit residences to install wind energy conversion systems and meteorological towers in Midway City.
2. Oversee the permitting of wind energy conversion systems and meteorological towers, and preserve and protect public health, safety, and welfare.
3. Ensure that wind energy conversion systems and meteorological towers are consistent with the City’s land use policies and goals.
4. Ensure that wind energy conversion systems and meteorological towers are compatible with the rural setting and character of Midway City, including its aesthetics and visual features. In particular, Midway City wishes to preserve its many scenic views, its historic structures and areas, and its rural character.
5. Establish standards for compliance with the requirements established in this section without significantly increasing the cost or decreasing the efficiency of wind energy conversion systems.

This Chapter shall apply to wind energy conversion systems and meteorological towers proposed to be located on property owned by an applicant, which are a conditional use only in the RA-1-43 zoning district of Midway City. They shall be prohibited in all other zones of Midway City.

1. Co-Location. The use of a single ground-mount by more than one small wind energy system.
2. Cut-In Speed. The lowest wind speed at which a wind turbine begins producing usable power.
3. Equipment Shelter. An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which is housed equipment for a small wind energy system or a meteorological tower, such as batteries and electrical equipment.
4. Erosion. The process by which the ground surface is worn away by action of wind or water.
5. Fall Zone. The area defined as the furthest distance from the tower base in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.
6. Feeder Line. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electrical power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS.
7. Guyed Monopole. A monopole that is secured to the ground or other surface by diagonal cables for lateral support.
8. Lattice Tower. A type of tower with multiple legs and structural cross-bracing between the legs.
9. Meteorological Tower (MetTower). Is 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.
10. Monopole. Type of tower that is a single shaft of steel, concrete, or other material.
11. Nacelle. The cover for the gearbox, drive train, generator, and other components of a wind turbine.
12. Physically Removed. Shall include, but not be limited to removal from the subject property of the tower, tower guys and anchors, wind generator, equipment shelters, and all other structures and equipment placed on the site or constructed in relation to the operation or support of the WECS or MetTower. This shall include the proper disposal of the waste materials from the site in accordance with local, state, and federal regulations.
13. Rotor Diameter. The cross-sectional dimension of the circle swept by the rotating blades.
14. Shadow Flicker. Shadows and the visible flicker effect on the ground and surrounding structures that may emanate from the rotating blades of a wind turbine in a repeating pattern of light and shadow.
15. Total Height. The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
16. Tower. The monopole, freestanding, or guyed structure that supports a wind generator, rotor blades, or meteorological equipment.
17. Wind Energy Conversion System (WECS). An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to power lines, transformers, substations, and meteorological towers, which operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
    1. Large Wind Energy Conversion System (Large WECS). A WECS equal to or greater than 100kW in total nameplate generating capacity.
    2. Small Wind Energy Conversion System (Small WECS). A WECS of less than 100 kW in total nameplate generating capacity.
18. Wind Generator. Blades and associated mechanical and electrical conversion components mounted on top of the tower.
19. Wind Turbine. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.

1. A conditional use permit from the Planning Commission is required for a WECS or Met Tower in Midway City. The submitted plans for the conditional use permit shall show the following:
   1. A plot plan or perimeter boundary survey by a licensed land surveyor, certifying the location of the tower and that the setback requirements of this section are met.
   2. Title of drawing, including name and address of the applicant as well as City tax map and lot number.
   3. Appropriate signature block for the signature of the Chair of the Planning Commission.
   4. Names and addresses of owners of record and names of abutting landowners.
   5. A site location map (may be shown as an inset) which shows the location of the proposed WECS or MetTower in relation to major City roads.
   6. North point, bar scale, date of preparation, and dates of any revisions.
   7. Name, address, and seal, if applicable, of person or firm preparing the plan.
   8. The shape, size, and location of existing and proposed structures and the proposed mount, guy wire anchorages, and associated equipment shelters for the WECS or MetTower.
   9. Existing streams or wetlands, marshes, lakes, ponds, or rivers, whether natural or manmade, and any abutting water rights.
   10. Existing and proposed driveways and parking spaces.
   11. Layout of existing and proposed sewage disposal systems, including septic tank(s), leach field and associated piping, or tie-in to any sewer system, if located within the fall zone of the proposed tower.
   12. Proposed landscaping showing proposed buffering for mount.
   13. Location of wells, water supply pipes, power and telephone poles and lines, including the location and size of all existing and proposed utility lines and easements, if located within the fall zone of the proposed tower.
   14. Location, size and wording of proposed signs related to the installation of the proposed WECS.
   15. Right-of-way of all fronting streets or roads.
   16. The proposed date of removal of a proposed MetTower and its associated equipment from the site.
   17. Location of all known WECS within two miles of the proposed WECS.
   18. Location of all known communications towers within two miles of the proposed WECS.
2. A copy of the application documents to the Utah State Department of Transportation (UDOT) for driveway access permits where a new driveway connecting to a state highway is proposed.
3. A copy of the application or letter of approval from the Public Service Commission of Utah, Division of Public Utilities.
4. A copy of the application or letter of approval from the Utah Department of Natural Resources (DNR), Division of Wildlife Resources (DWR).
5. A copy of the FAA permit application.
6. A narrative describing how the proposal minimizes the visual impact of the WECS or MetTower on neighbors and the community through the choice of location of the mount, and the potential impacts on nearby WECS and wind resources on adjacent properties. The narrative shall also address the steps taken, through the design of the wind generator, to minimize its visual impact on neighbors and the community, and, through siting or buffering, to minimize the impact of shadow flicker on neighboring properties, buildings, residences, roads and streets.
7. Specifications for the WECS or MetTower, including manufacturer, model number, system height, tower height, and tower type (monopole or guyed monopole).
8. For a small WECS, a sound level analysis, prepared by a registered professional engineer or the wind generator manufacturer, demonstrating that the proposed WECS shall not cause sound levels to exceed the Midway City noise standards, as outlined in this Code, at any property line, except during severe wind storms.
9. A copy of the report showing that the sustained wind speed at the proposed location meets or exceeds the minimum cut-in speed of the system proposed. The report shall have data collected over a consecutive twelve-month period, minimum.
10. Each WECS shall have a decommissioning plan outlining the anticipated means and cost of removing the WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities.

1. The system height for a WECS shall not exceed FAA regulations for “Objects Affecting Navigable Air Space.”
2. The total height of a MetTower shall not exceed FAA regulations for “Objects Affecting Navigable Air Space.”
   
   (Note: The majority of WECS and MetTowers range in height from 30 meters [98 feet] to 60 meters [197 feet], with some as high as 80 meters [262 feet]. After researching several different municipal ordinances regarding the maximum height allowance, 175-200 feet is generally the limit.)
3. Setback standards for WECS and MetTowers shall be as follows:
   1. A small WECS shall be set back a distance, measured from the center of the tower, equal to 150 percent of the system height from all property lines, public roads and utility lines.
   2. A large WECS shall be set back a distance, measured from the center of the tower, equal to 200 percent of the system height from all property lines, public roads and utility lines.
   3. A MetTower shall be set back a distance, measured from the center of the tower, equal to 150 percent of the tower height from all property lines, public roads and utility lines.
   4. Temporary Installations. MetTowers shall be installed for periods not to exceed 18 months from the date of approval from the City Council.

1. Visibility.
   1. Siting. The applicant’s narrative shall demonstrate to the Planning Commission and City Council that the visual impact to neighbors and the community of the proposed WECS or MetTower has been minimized through the siting of the mount, the design of the wind generator (if applicable), and buffering of the mount and equipment shelters.
   2. Decorative Items. Flags, streamers, and other decorative items shall not be attached to a WECS or MetTower.
   3. Color. A WECS or MetTower shall be in a single white, gray, or other non-obtrusive color. Finishes shall be matt or non-reflective. International blade markings are acceptable.
2. Approved Wind Generators. The manufacturer and model of the wind generator for a proposed WECS shall have been approved by the California Energy Commission, the New York State Energy Research and Development Authority, or approved by the State of Utah.
3. Equipment Shelters. Equipment shelters for a WECS or a MetTower shall be designed consistent with one of the following design standards:
   1. Located in underground vaults; or
   2. Screened behind an effective year-round landscape buffer and/or wooden fence, equal to the height of the proposed building. The style of fencing and/or landscape buffer shall be compatible with the neighborhood.
4. Access.
   1. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
   2. 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 twelve feet above ground.
5. Equipment. Ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
6. Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the Federal Aviation Administration (FAA) permits and regulations. Red strobe lights are preferred for nighttime illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
7. Signage. All signs, other than the manufacturer’s or installer’s identification, which may be placed upon the nacelle, or owner factory-applied identification on a wind generator, tower, building, or other structure associated with a WECS visible from any public road, shall be limited to those needed to warn of any danger. Signs shall be limited to two square feet in area and shall be mounted six feet or less above ground level.
8. Towers. All towers shall be of a monopole or guyed-monopole type. Lattice towers are prohibited.
9. Power and Feeder Lines.
   1. All power lines serving a WECS or MetTower shall be buried.
   2. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS or MetTower, shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.
10. Waste Disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state, and federal regulations.
11. Permits, Codes, and Standards.
    1. A building permit is required for the construction of any MetTower or WECS.
    2. Any work on any part of a MetTower or WECS shall comply with the International Building Code, the National Electrical Code, and other applicable standards.

1. Notice of Abandonment.
   1. By Owner. No less than 30 days prior to abandonment or discontinuation of use of a WECS, the owner shall notify the Zoning Administrator of the date of the proposed abandonment or discontinuation of use.
   2. By City. In the event that the owner fails to give such notice, the WECS shall be deemed abandoned upon the discontinuation of its use for a period of twelve months without energy production. The Zoning Administrator will issue a notice of abandonment to the owner that the WECS is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within 30 days from the Notice receipt date. The Notice of Abandonment shall be withdrawn if the owner provides the Zoning Administrator an acceptable developed plan outlining the steps and schedule for returning the WECS to service.
2. Removal.
   1. MetTower. The landowner shall physically remove the MetTower on or before the approved date of removal indicated in the zoning compliance certificate.
   2. WECS. All WECS and accessory facilities shall be physically removed to four feet below ground level within 90 days of the issuance of the Notice of Abandonment.
   3. Failure to Remove.
      1. WECS. If the owner of a WECS does not remove the system within three months from the date of the Notice of Abandonment, the Zoning Administrator shall issue a notice of violation to the property owner where the WECS is installed.
      2. MetTower. If the owner of the property where a MetTower is installed does not remove the tower within three months from the date of removal indicated in the zoning compliance certificate, the Zoning Administrator shall issue a notice of violation.