Pender City Zoning Code
COMMERCIAL WIND
ENERGY CONVERSION SYSTEMS
§ 151.075 GENERALLY.
In order to balance the need for clean, renewable energy resources with the protection of the health, safety, and welfare of the residents of the village, the village finds this subchapter is necessary in order to ensure that all commercial wind energy conversion systems (CWECS) are appropriately designed, sited, and installed.
(Ord. passed 8- -2010)
§ 151.076 APPLICATION REQUIREMENTS.
The applicant for a conditional use permit for construction of a CWECS shall file an application with the Zoning Administrator. The application shall include the name(s) of the project applicant(s), the name of the project owner(s), and the legal description and address for the project. The application shall also include the following documents:
(A) Survey map illustrating the following:
(1) Property lines, dimension, acreage, and contours with appropriate intervals for site evaluation;
(2) Location and elevation of all components of the proposed CWECS;
(3) Location and dimensions of all existing structures and uses on property within 300 feet of the system;
(4) Height of any structures over 35 feet within a 500 foot radius on-site or off-site of the proposed CWECS;
(5) Location of any overhead utility lines on the property;
(6) Location of all known communications towers within two miles of the proposed CWECS;
(7) Access roads; and
(8) Adjacent ownership, land uses, existing residences, schools, churches, hospitals, public libraries, federal, state, county or local parks, recognized historic or heritage sites, identified wildlife preserves, or habitat areas to a distance of 2,640 feet (one-half mile).
(B) Applicant shall identify potential effects in terms of constraints or benefits the wind energy facility may place on current or future use of the land within the project site and the surrounding area. The extent of any limitations due to public health and safety risks shall be specifically addressed, and the effects on the following activities shall also be addressed:
(1) Existing or proposed tourist or recreation activities;
(2) Residential activities;
(3) Industrial activities;
(4) Agricultural activities; and
(5) Commercial activities.
(C) Soil erosion, sediment control, and storm water runoff plan shall address what types of erosion control measures will be used during each phase of the project. It shall identify plans for:
(1) Grading;
(2) Construction and drainage of access roads and turbine pads;
(3) Design features to control dust;
(4) Design features to maintain downstream water quality;
(5) Re-vegetation to ensure slope stability;
(6) Restoring the site after temporary project activities;
(7) Disposal or storage of excavated materials;
(8) Protecting exposed soil;
(9) Stabilizing restored material and removal of silt fences or barriers when the area is stabilized; and
(10) Maintenance of erosion controls throughout the life of the project.
(D) Applicant shall provide information regarding flora and fauna of the proposed project area including:
(1) Officially listed threatened or endangered species;
(2) Critical habitat and habitat conditions; and
(3) An avian study based on the U.S. Fish and Wildlife Services Interim Guidelines to Avoid and Minimize Wildlife Impacts from Wind Turbines.
(E) Standard drawings of the structural components of the CWECS, including structures, tower, base, and footings; and
(F) Certification by a registered engineer that:
(1) There is a substantial need for the proposed use or CWECS, 100 kW or greater;
(2) All applicable local, state, and federal building, structural, and electrical codes have been followed;
(3) The site is feasible for a CWECS; the CWECS can be successfully operated in the climate conditions found in the county;
(4) The rotor and over speed control have been designed for the proposed use on the proposed site;
(5) The design and safety of the proposed tower to withstand winds of 90 mph; and
(6) If the wind turbine were to fall, no building or structure, existing or potential, would be damaged.
(Ord. passed 8- -2010)
§ 151.077 GENERAL SITE AND DESIGN STANDARDS.
(A) CWECS shall be located on a parcel of at least ten acres in size.
(B) CWECS shall be designed and placed in such a manner as to minimize to the greatest extent feasible, adverse visual and noise impacts on adjacent areas. This shall include documentation of:
(1) Noise levels conforming to the International Electromechanical Commission (IEC) Standard 61400-11 part 11; and
(2) Projections of the shadow flicker on any existing structures located off the property on which the CWECS will be constructed and the extent and duration of the shadow flicker on these existing structures.
(C) CWECS shall maintain a minimum setback distance from any property lines of two times the combined height of the tower and blade.
(D) CWECS shall maintain a minimum setback distance from any public road or highway of at least two times the combined height of the tower and blade.
(E) In no case shall a CWECS be located within any required setback or in any front yard area.
(F) If an aggregated project, setbacks from multiple entities shall be one and one-tenth times the height of the total system.
(G) Structures for wind turbines shall be self-supporting tubular towers painted a neutral color such as white or pale gray. No lattice structure shall be used. No logos or advertisements are allowed on these structures. Each turbine shall be marked with a visible identification number located no higher than 15 feet above ground level.
(H) Colors and surface treatment of the CWECS and supporting structures shall, to the greatest extent possible, minimize disruption of the natural characteristics of the site.
(I) Reasonable measures shall be taken to mitigate specific adverse visual impacts such as reflections, shadow flicker, and blade glint affecting residences within or immediately adjacent to the project area.
(J) Appropriate landscaping shall be provided to screen accessory structures from roads and adjacent residences
(K) CWECS shall be equipped with air traffic warning lights or other marking lights only if so required by the Federal Aviation Administration and in which event, such light should be positioned or shielded to avoid visual impact on neighboring properties, and shall be a white flashing light from daylight till twilight and a steady red light night time.
(L) The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone, or television signals caused by any wind energy facility.
(Ord. passed 8- -2010)
§ 151.078 CONSTRUCTION AND OPERATIONS.
(A) All county roads to be used for the purpose of transporting CWECS, substation parts, cement, or equipment for construction, operation, or maintenance of the CWECS shall be identified and applicable weight and size permits from the impacted road authority(ies) shall be obtained prior to construction.
(B) The CWECS owner shall be responsible for immediate repair of damage to public roads and drainage systems stemming from construction, operation, or maintenance of the CWECS.
(C) 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.
(Ord. passed 8- -2010)
§ 151.079 SAFETY MEASURES.
(A) Each CWECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
(B) The Planning Commission shall determine the height, color, and type of fencing for the CWECS installation. CWECS shall include no sign or advertising of any kind except for one sign not to exceed two square feet posted at the base of the tower, electrical equipment, and entrances. The sign shall contain the following information:
(1) Warning high voltage;
(2) Manufacturer’s name;
(3) Operator’s name;
(4) Emergency phone number; and
(5) Emergency shutdown procedures.
(C) Each CWECS shall be properly grounded to safely sustain natural lightning strikes in conformance with the National Electric Code.
(D) Any CWECS facility shall be equipped with anti-climbing devices. Tower climbing apparatus shall not be located within 15 feet of the ground. Where the tower is capable of being climbed, a locked, protective fence at least six feet high shall enclose the tower.
(E) The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.
(F) The CWECS operator shall maintain a current insurance policy which will cover installation, operation, and any possible damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. The amount of said policy shall be established as a condition of approval. The CWECS shall be warranted against any system failures reasonably expected in severe weather operation conditions
(Ord. passed 8- -2010)
§ 151.080 DISCONTINUATION AND DECOMMISSIONING.
(A) CWECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the County Zoning Administrator outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed four feet below ground level within 90 days of the discontinuation of use.
(B) Each CWECS shall have a decommissioning plan outlining the anticipated means and costs of removing CWECS at the end of the serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a profession engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning. The plan shall include documentation showing financial capability to carry out the decommissioning and restoration requirements. Applicant shall submit an escrow account/surety bond/insurance policy in an amount approved by the Planning Commission as reasonably necessary to restore the site to its pre-wind energy facility topography and topsoil quality. The purpose of this account/bond/policy is to assure removal of all improvements subject to the conditional use permit.
(C) At the end of the wind energy facility’s useful life, the site shall be restored in accordance with the requirements of this condition within 18 months.
(Ord. passed 8- -2010)
§ 151.081 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGREGATED PROJECT. Those projects that are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual CWECS within a larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the AGGREGATED PROJECT.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS). A wind energy conversion system under common or aggregated ownership or operating control that includes substations, MET towers, cables/wires, and other building accessories, whose main purpose is to supply electricity to off-site customers.
FALL ZONE. The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.
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 electric power grid, in the case of interconnection with the high voltage transmission systems the point of the interconnection shall be the substation serving the CWECS.
HEIGHT; TOTAL SYSTEM. The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.
HEIGHT; TOWER. The height above grade of the fixed portion of the tower, excluding the generation unit and attached blades and rotors.
METEOROLOGICAL TOWER. Those which are erected primarily to measure wind speed and direction plus other data relevant to locating a CWECS. METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the State Department of Transportation or other similar applications to monitor weather conditions.
SHADOW FLICKER. Strobe effect that occurs when sun is horizontal to rotor blades, which causes repetitive intermittent shadows that can affect people on near by properties.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS). A wind energy conversion system which has a rated capacity of up to 100 kilowatts and which is incidental and subordinate to another use on the same parcel. A system is considered a small wind energy system only if it supplies electrical power for on site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be sold back to the utility company. (LB 436 limits SWECS to 25 kilowatts or less scheduled to be reviewed next session.)
TOWER. The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
WIND ENERGY CONVERSION SYSTEM (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, and configuration as necessary to convert the power of wind into mechanical or electrical energy, such as, wind charger, windmill or wind turbine.
WIND TURBINE GENERATOR. The component of a wind energy system that transforms mechanical energy from the wind into electrical energy.
(Ord. passed 8- -2010)