The purpose and intent of this article is to allow for the placement of renewable/alternative energy systems (RAES) to create alternative energy, while creating the smallest amount of nuisance possible to the general public. The boundary limits wherein this article is enforceable include any properties or structures located within the city limits of Roswell, NM, as defined by the official city boundary map, as maintained by the planning and zoning department.

All applicants for a RAES permit shall comply with the requirements of this ordinance. City council designates the planning and zoning department as the administrator to whom applications must be made, and that is authorized to review, analyze, evaluate, and make decisions with respect to granting, not granting, or revoking RAES permits. The city may at its discretion designate the planning and zoning commission to accept, review, analyze, evaluate, and make recommendations to city council regarding the granting, not granting, or revoking of an RAES permit on cases that are appealed to city council.

The applicant for a RAES permit shall complete the following steps, in order, to assist city staff in expediting the completion of the application process:

A.

The applicant shall submit four copies of the application to the administrator for review. Incomplete applications may be rejected. The administrator will review the application to determine if it is complete. If the application is deemed incomplete, the applicant will be provided written notice. If the application is deemed complete, the administrator will notify the applicant of the administrator's action with regard to the application. Actions which may be taken by the administrator with respect to the completed application include: Approve, approve with conditions, request additional information, or deny an RAES permit. The administrator will provide its decision in writing to the address on the application. The burden of proof for the granting of the permit shall be upon the applicant; if applicant is dissatisfied with staff's decision; and/or, should any variance be required, this application shall require a public hearing through the planning and zoning commission.

B.

Appeals of the administrator's decision shall comply with article 3, section 5 of this ordinance.

C.

Limitations shall comply with article 3, section 4 of this ordinance.

D.

Applicants receiving approved permits may begin construction. Since the permit is for the RAES only, additional support/accessory structures will require a separate building permit and fee. The city will conduct the usual building inspection process during construction.

E.

After completing construction, the applicant shall request a final inspection from the administrator.

F.

When the city verifies the site was constructed in accordance with the application, and the RAES meets the requirements of this article and all monies have been paid to the city, the city shall issue a certificate of compliance that allows operational use of the facility.

It is the responsibility of the permit applicant, permit holder, and/or certificate of compliance holder to notify the administrator of all pertinent addresses and address changes that may have taken effect, while the RAES is in use. Written notice sent to the last address provided to the administrator by the permit applicant, permit holder, and/or certificate of compliance holder shall be deemed sufficient for any purposes set forth in this article.

A.

Applications shall contain documentation, drawings, or descriptions to demonstrate that the RAES is the least intrusive as reasonably possible.

B.

Applications for construction/installation of a new RAES shall contain, but may not be limited to, the information contained herein. Where certification is called for, such certification shall bear the signature and seal of a professional engineer and/or architect licensed in New Mexico.

C.

The application requirements may vary based on the type of facility and its location. Final determination of the specific information to be included with each application will be defined by the administrator, but will generally follow the established guidelines as set forth below. Permit applications may include, but not be limited to the following:

1.

The name, address, and phone number of the applicant and property owner where the proposed renewable/alternative energy system will be located.

2.

The postal address, legal description, and zoning designation of the property.

3.

A scaled drawing showing the square footage of the property and all lot lines.

4.

A written statement verifying the renewable/alternative energy system complies with state and federal rules and regulations.

5.

A copy of the system installer's City of Roswell Business license, if pertinent.

6.

Documentation that verifies ownership of or the right to occupy the site.

7.

The number, type and design of the renewable/alternative energy systems.

8.

Documentation, drawings or descriptions showing how the renewable/alternative energy system will visually impact neighboring properties.

9.

A site plan which shall include: Location, size and height of proposed and existing structures; location, size and height of the system(s); landscaping, irrigation, and fencing; warning signage; electrical grounding and junctions to electrical service; and, the administrator can require applicant to have site plan certified in regards to structure or nature.

10.

The proposed stealth applications for the RAES for aesthetic purposes.

11.

Show how RAES shall be screened from the view from neighboring properties.

12.

Certified structural drawings verifying that the RAE's foundation and attachments will be constructed to meet structural requirements for loads, including wind and ice.

13.

Certified structural drawings and a soils report verifying that the existing structure or soil can handle the live and dead load of the proposed structure.

14.

Documentation satisfying liability insurance requirements, for wind systems only.

15.

Documentation demonstrating the need for the proposed height of the RAES.

16.

Equipment specification sheets for the proposed system(s).

A.

The administrator may require the system installer to be a licensed New Mexico contractor, experienced in installing an RAES.

B.

Both the system and all accessory structures shall maximize the use of building materials, colors, and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or concealment technology as required by the administrator.

C.

The holder of a permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation, or code, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity having jurisdiction over the applicant.

D.

The holder of a permit shall notify the city of any intended modification to the facility and shall apply to the city to modify, relocate, or rebuild an RAES.

E.

No artificial lighting of an RAES shall be permitted unless it is required by the Federal Aviation Administration, due to a structure's height.

F.

An RAES shall be constructed to comply with all local, state, and federal construction building and electrical codes.

G.

An RAES that is to be interconnected with a local electrical utility shall be done in accordance with New Mexico Public Service Commission and utility provider's regulations.

H.

The owner of a wind energy system shall maintain at all times, proof of a current liability insurance policy which covers bodily injury and property damage with limits of at least $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Certificates of insurance shall be provided to the city before a certificate of compliance can be issued. Certificates should also be made available upon request at any time the wind energy system is on the owner's property.

I.

Upon completion of construction, and prior to operating the system, the applicant must call the administrator to request a final inspection of the system to ensure the system has been installed in accordance with the approved permit.

A.

Measures shall be taken to prevent the following nuisances from disrupting the residential nature and setting of neighborhoods throughout the city. Applicant and owner are responsible for preventing the development of, and correcting any nuisance created by, the RAES which could adversely affect neighboring properties and/or vehicular passersby on local streets. Examples of nuisances include, but are not limited to:

1.

Solar energy systems: Glare from reflections created by the system components onto neighboring properties and vehicular passersby on any local streets; debris off of system components detached by natural forces; visual impairment of neighboring property views which hinder safety; create a physical obstruction which reduces or eliminates the emergency responders ability to access the permitted property; and the appearance of the system must always remain in good condition.

2.

Wind energy systems: Audible sound from the system shall not exceed 50 decibels as measured at the exterior property boundaries of the system site; methods for measuring and reporting acoustic emissions from the system shall be equal to or exceed the minimum standards for precision described in AWEA standard 2.1, titled "Procedures for the measurement and reporting of acoustic emissions from wind turbine energy systems, volume I, first tier."; the owner shall minimize shadow flicker onto neighboring properties or vehicular passersby; glare from reflections created by system components onto neighboring properties and vehicular passersby. Anti-glare paints shall be used on the blades of the system; the owner shall prevent the disruption or loss of radio, telephone, television, internet, or other wireless signals to property owners on neighboring properties. The system owner shall be responsible for mitigating any harm caused by the system; debris off of system components detached by natural forces; visual impairment of neighboring property views which hinder safety; create a physical obstruction which reduces or eliminates the emergency responders' ability to access the permitted property; and the system must always remain in good condition.

B.

Systems that fall into disrepair and create a nuisance for neighboring properties shall be repaired or shut down within 24 hours of when the nuisance is first reported to the city as a problem. If repairs cannot be administered within 24 hours, the system must be turned "OFF" until such repairs can be made to eliminate the nuisance.

C.

Systems that are irreparable and no longer functional must be dismantled and removed from the property in accordance with section 10 below.

A.

System protection. Wind energy systems shall be constructed to prevent unauthorized persons from climbing onto them. Access to the wind turbines and electrical equipment shall be securely fenced off to prevent unauthorized access, injury, or death from the system components.

B.

Controls and brakes. All wind energy systems shall be equipped with redundant braking systems. These braking systems shall include aerodynamic over-speed controls which vary the pitch of the blades to slow them down, as well as a fail-safe mechanical braking system, to slow down the rotation speed of the blades at the hub. Stall regulation shall not be considered a sufficient braking system for over-speed protection.

C.

Wind resistance. Every RAES shall be designed and certified to withstand sustained winds of 90 miles per hour. This is in accordance with the building code requirements adopted and enforced by the city for wind load requirements for exposure-C classifications.

D.

Batteries. RAES containing batteries for any reason shall comply with all local, state, and federal regulations/guidelines for the safe handling, use, storage and disposal of batteries.

E.

Clearance. RAES shall be installed on private property, with no part of the system overhanging public rights-of-way. Caution must be taken during the design and planning of the system to ensure the system will interfere with overhead or underground utilities.

F.

Bottom sweep of propeller. The tips of propellers from a wind energy system at the lowest point in its rotation shall be no closer than ten feet from the existing grade in all installations.

A "stand alone" wind energy system shall be no closer to any property line than the total height of the completed unit, plus five feet. Should the structure collapse for any reason, it shall not be capable of falling onto an adjacent property or structure. The height is measured from the pre-existing grade to the highest point of the structure.

A.

In a residential district. The height of an RAES shall not exceed 35 feet from the pre-existing grade to the highest point of the system, or the height needed to meet the setback requirements as outlined in section 8 above, whichever is lesser in height.

B.

In a commercial district. The height of an RAES shall not exceed 45 feet from the pre-existing grade to the highest point of the system, or the height needed to meet the setback requirements as outlined in section 8 above, whichever is lesser in height.

C.

In an industrial district. The height of an RAES shall not exceed the height needed to meet the setback requirements as outlined in section 8 above.

A.

The city may require the removal of renewable/alternative energy systems when: such items with a permit have been abandoned for a period exceeding 90 consecutive days or a total of 180 calendar days. The item shall be removed within 90 days; the permitted items fall into such disrepair that it creates a health or safety hazard as determined pursuant to a review by a New Mexico licensed engineer; an item has been located, constructed or modified without a permit, or in a manner inconsistent with the approved permit requirements; a certificate holder has failed to comply with the liability insurance requirements; and, such item is not repaired within 60 days, or longer as necessary upon the permit holder demonstrating that despite good faith efforts, such disrepair could not be responsibly cured within the provided time; and the facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit, or any other necessary authorization.

B.

If the city makes a determination as noted in subsection (A) above, then the city shall notify the permit holder within 48 hours that said items are to be removed, the city may approve an interim temporary use agreement/permit, such as to enable the sale of the item. After receiving notice of such decision, the permit holder shall have 90 calendar days to cure the violation. The city shall extend such cure period as necessary upon the permit holder demonstrating that despite good faith efforts, such default cannot be reasonably cured.

C.

If the permit holder cannot cure the violation within the cure period, the permit holder shall dismantle and remove such item, and any associated structures, from the site and restore the site to as close to its original condition as possible, reasonable wear and tear excepted, within 90 days of the expiration of the cure period.

D.

If the item is not removed or substantial progress has not been made to remove it within 90 days of the permit holder receiving notice, then the city may order officials or representatives of the city to remove the item at the sole expense of the permit holder.

E.

If the city removes, or causes to be removed, the item, and the owner does not claim and remove it from the site to a lawful location within 120 days, then the city may take steps to declare the item abandoned, and sell it and its components.

F.

Notwithstanding anything in this section to the contrary, the city may approve a temporary use permit/agreement for the item for no more than 90 days, during which time a suitable plan for removal, conversion or re-location of the affected item shall be developed by the holder of the permit, subject to the approval of the city, and an agreement to such plan shall be executed by the holder of the permit and the city. If such a plan is not developed, approved, and executed within the 90 day time period, then the city may take possession of and dispose of the affected item in the manner provided in this section.

G.

If the city determines the item is a hazardous, creates an emergency situation or adversely affects public safety, the city may remove or cause to be removed the item after three days written notice to the permit holder or the holder of the certificate of compliance.