The purpose of this Section is to establish minimum requirements and regulations for the placement, construction and modification of Residential Wind Energy Systems, as defined herein, while promoting the safe, effective and efficient use of such systems. (Ord. Ordinance 6/2008, Add, 06/18/2008)

1. Permitted Locations: A Residential Wind Energy System shall be authorized by approval of a Conditional Use Permit issued by the Milford City Planning and Zoning Commission.
2. Setbacks: The following setbacks and separation requirements shall apply to all Wind Turbines; provided, however, that the Committee may reduce the standard setbacks and separation requirements if the intent of this Ordinance would be better served thereby.
   1. Inhabited structures: Each Wind Turbine shall be set back from the nearest residence, school, hospital, church or public library, a distance no less than the greater of (a) two (2) times its Total Height or (b) one thousand (1,000) feet.
   2. Property lines: 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, or other acceptable mitigation is approved by the Committee.
   3. Public Roads: Each Wind Turbine shall be set back from the nearest public road a distance no less than 1.1 times its Total Height, determined at the nearest boundary of the underlying right-of-way for such public road.
   4. Communication and electrical lines: Each Wind Turbine shall be set back from the nearest above-ground public electric power line or telephone line a distance no less than 1.1 times its Total Height, determined from the existing power line or telephone line.
3. Design Standards: A Residential Wind Energy System shall demonstrate that structure, location and sitting will not result in undesirable shadow flicker on an adjacent property or structure, including a finding that the Residential Wind Energy System can be authorized as a Conditional Use, complying with all requirements of Chapter 13.36 herein and this Section. In addition, the Land Use Authority shall consider the following when considering a Land Use Application for a Residential Wind Energy System;
   1. Pole or Tower Design. The design of the small wind energy system shall be a monopole or freestanding design or guy wired tower. Guy wired shall be marked correctly and/or fenced for safety.
   2. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 25 feet above the ground.

(Ord. Ordinance 6/2008, Add, 06/18/2008)

1. No tower shall have any climbing apparatus within fifteen (15) feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked at all times.
2. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.

(Ord. Ordinance 6/2008, Add, 06/18/2008)

No Residential Wind Energy System shall exceed sixty decibels (60 dBA) as measured at the property line or fifty decibels (50 dBA) measured at the nearest neighboring inhabitable building (Ord. Ordinance 6/2008, Add, 06/18/2008)

1. Residential Wind Energy System shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective.
2. No Residential Wind Energy System shall be lighted unless required by the Federal Aviation Administration (FAA).
3. No advertising signs of any kind shall be permitted on any Residential Wind Energy System.
4. Appropriate landscaping shall be provided to screen all accessory structures from roads and adjacent residences and public buildings.

(Ord. Ordinance 6/2008, Add, 06/18/2008)

All electrical connections and distribution lines shall be underground and comply with all applicable codes and public utility requirements (Ord. Ordinance 6/2008, Add, 06/18/2008)

All electrical connections and distribution lines shall be underground and comply with all applicable codes and public utility requirements (Ord. Ordinance 6/2008, Add, 06/18/2008)

All electrical connections and distribution lines shall be underground and comply with all applicable codes and public utility requirements (Ord. Ordinance 6/2008, Add, 06/18/2008)

All electrical connections and distribution lines shall be underground and comply with all applicable codes and public utility requirements (Ord. Ordinance 6/2008, Add, 06/18/2008)

All Land Use Applications to establish a Residential Wind Energy System shall, in addition to the Conditional Use Application materials required by Chapter 13.36, herein, provide the following information;

1. Elevations of the proposed site to scale showing the height, design and configuration of the Residential Wind Energy System and distance to all existing structures, buildings, roads and streets, electrical lines, property and fence lines.
2. Engineering drawings of the proposed Residential Wind Energy System identifying;
   1. Tower design, including its weight capacity.
   2. Foundation and anchor design and soil conditions and specifications for the soil conditions at the site.
   3. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the proposed Residential Wind Energy System including the name and address of the manufacturer and model.
   4. Emergency and normal shutdown procedures.
   5. Electrical drawings identifying all electrical components and in sufficient detail to establish that the installation conforms to all applicable electrical codes.
   6. Evidence that the electrical service provider has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid.

(Ord. Ordinance 6/2008, Add, 06/18/2008)