The purpose of this subchapter is to establish regulations for the installation and operation of wind energy conversion systems (WECS) within the city, not otherwise subject to siting and oversight by the state under the State Power Plant Siting Act, M.S. §§ 116C.51 through 116C.697, as they may be amended from time to time.
(2013 Code, § 11.71)

The definitions in § 151.002 apply herein. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGGREGATED PROJECT. A wind energy project that is developed and operated in a coordinated fashion but may have multiple entities separately owning 1 or more of the individual WECS within the 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 WECS. A WECS of 40 kilowatts or more in total generating capacity.

FALL ZONE. The area, defined by the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure. This area is and should be less than the total height of the tower.

FEEDER LINE. Any power line that carries electrical power from 1 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 interconnection shall be the substation serving the WECS.

METEOROLOGICAL TOWER. Towers that are erected primarily to measure wind speed and directions, plus other data relevant to siting a WECS. For purposes of this subchapter, the term METEOROLOGICAL TOWER does not mean towers and equipment used by airports, the State Department of Transportation, or other similar applications to monitor weather conditions.

NACELLE. The part of a WECS that contains the key components of the wind turbine, including the gearbox, yaw system, and the electrical generator.

NON-COMMERCIAL WECS. A WECS of less than 40 kilowatts (KW) in total generating capacity.

ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades of a WECS.

SUBSTATIONS. Any electrical facility designed to convert electricity produced by a wind turbine to a voltage greater than 35,000 volts (35 kilovolts) for interconnection with high voltage transmission lines.

TOTAL HEIGHT. The highest point, above-ground level, reached by a rotor tip or any other part of the WECS.

TOWER. Vertical structures that support the electrical generator, rotor blades, or meteorological equipment.

TOWER HEIGHT. The total height of the WECS exclusive of the rotor blades.

TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 69,000 volts (69 kilovolts) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.

WECS - WIND ENERGY CONVERSION SYSTEM. An electrical generating facility comprised of 1 or more wind turbines and accessory facilities, including, but not limited to, power lines, transformers, substations, and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or may be distributed into the electrical grid.

(2013 Code, § 11.71)

1. Application.
   1. Applications for approval to construct a WECS shall include the following information:
      1. The name(s) of the project applicant;
      2. The name(s) of the property owner;
      3. The legal description and address of the project;
      4. A description of the project including the number, type, name plat generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid;
      5. The proposed site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The site layout shall include distances and shall be drawn to scale;
      6. An engineer’s certification; and
      7. Documentation of land ownership or legal control of the property.
   2. The application for a commercial WECS shall also include:
      1. The latitude and longitude of individual wind turbines;
      2. A USGS topographical map, or map with similar date, of the property and surrounding area, including any other WECS within 10 rotor diameters of the proposed WECS;
      3. The location of wetlands, scenic, and natural areas within 1,320 feet of the proposed WECS;
      4. An acoustical analysis prepared by an acoustics engineer;
      5. A Federal Aviation Administration (FAA) permit application;
      6. The location of all known communication towers within 2 miles of the proposed WECS;
      7. A decommissioning plan; and
      8. A description of potential impacts on nearby WECS and wind resources on adjacent properties.
2. Process. WECS applications that require a conditional use permit or variance(s) will be processed under the procedures for such approvals contained within this subchapter.
3. Building permits.
   1. It shall be unlawful for any person to erect, construct in place, place or re-erect, replace, or repair any tower without first making application to the Building Inspections Department and securing a building permit therefore as required in this division (C).
   2. 1. At the time of application, the applicant shall provide sufficient information to indicate that construction, installation, and maintenance of the WECS will not create a safety hazard or damage to the property of other persons.
      2. Specifically, before issuance of a building permit, the following information shall be submitted by the applicant:
         1. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration;
         2. A report for a state-licensed professional engineer that demonstrates the WECS compliance with structural and electrical standards; and
         3. Commercial WECS shall include a shadow flicker analysis study with the application submission.
   3. Only 1 tower shall exist at any 1 time on any 1 parcel of property zoned for, and used for, residential purposes. More than 1 tower may be allowed by conditional use permit so long as the installation complies with the other applicable provisions of this subchapter.
   4. Any city cost or testing or verification of compliance shall be borne by the applicant.
4. Fees. The fee(s) to be paid in connection with WECS shall be as prescribed in the city’s most recently adopted fee schedule.
5. Inspections. WECS may be inspected by an official of the Building Department to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this subchapter. Notice of violations will be sent by registered mail to the owner of the WECS and the property owner upon which the WECS is located who will have 30 days from the date notification is issued to make repairs. Upon completion of the repairs, the owner/applicant shall notify the building official that the repairs have been made.

(2013 Code, § 11.71)

1. Conditionally permitted WECS.
   1. Noncommercial WECS shall be permitted in all zoning districts upon the issuance of a conditional use permit subject to the provisions of this subchapter and the provisions of the underlying zoning district in which the WECS is to be located.
   2. Commercial WECS are permitted in all zoning districts, except as noted in division (B) below, upon issuance of a conditional use permit and are subject to the provisions of this subchapter.
2. Annual review of conditional use permits. All WECS conditional use permits shall be subject to an annual review by city staff. Information related to annual CUP reviews shall be provided to the city’s Board of Adjustment and Appeals.
3. Prohibited WECS. All WECS are prohibited in the environmental overlay districts, i.e., the Floodplain and Shoreland Overlay Districts, as well as conservation easements.

(2013 Code, § 11.71)

1.  Safety design standards.
   1. Engineering certification. For all WECS, the manufacturer’s engineer or another qualified engineer shall certify that the turbine, foundation, and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
   2. Clearance.
      1. Noncommercial WECS. Rotor blades must maintain at least 12 feet of clearance between their lowest point and the ground.
      2. Commercial WECS. Rotor blades must maintain at least 15 feet of clearance between their lowest point and the ground.
   3. Rotor safety. Each commercial WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds (40 miles or greater).
   4. Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.
   5. Warnings. For all commercial WECS, a sign or signs shall be posted on the tower, transformer, and substation warning of high voltage, stating the manufacturer’s name and listing an emergency phone number. Fencing for security purposes may also be required as a condition of CUP approval.
2. Standards.
   1. Total height of WECS towers.
      1. Noncommercial WECS towers shall have a total height of no more than 60 feet.
      2. Commercial WECS towers shall have a total height of no more than 175 feet.
      3. WECS may be permitted that are roof-mounted, but if roof-mounted shall be limited to no more than 10 feet in height above the roof unless a determination is made in the conditional use permit that a different height is appropriate.
   2. Tower configuration.
      1. All towers that are part of a WECS, except meteorological towers, shall be installed with a tubular, monopole type tower.
      2. Meteorological towers may be secured by guy wires.
   3. Setbacks. The following setbacks shall be applied to WECS towers, but are not applicable to roof-mounted WECS that are not towers.
      

      	Noncommercial WECS	Commercial WECS	Meteorological Towers
      Neighboring dwellings	1.1 times the total height, plus 10 feet	1.25 times the total height	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height
      Other existing WECS	NA	To be determined through the CUP review based on relative size of existing and proposed WECS, alignment of WECS relative to predominant winds, topography, extent of wake interference on existing WECS, and other setbacks required; may be waived for multiple turbine project
      Other rights-of-way	The lesser of 1.1 times the total height, plus 10 feet or the distance of the fall zone as certified by a professional engineer, plus 10 feet	The lesser of 1.1 times the total height, plus 10 feet or the distance of the fall zone as certified by a professional engineer, plus 10 feet	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height
      Other structures	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height
      Property lines	1.1 times the total height, plus 10 feet	1.1 times the total height, plus 10 feet	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height
      Road rights-of-way	1.1 times the total height, plus 10 feet	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height	The fall zone as certified by a professional engineer, plus 10 feet or 1.1 times the total height

   4. Color and finish.
      1. All wind turbines and towers that are part of a WECS shall be white, grey, or another non-reflective, neutral color;
      2. Blades may be black in order to facilitate deicing; and
      3. Finishes shall be matte or non-reflective.
   5. Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations. No additional lighting, other than building security lighting, is permitted.
   6. WECS sites. The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the WECS to the natural setting and then existing environment.
   7. Signs. The manufacturer’s or owner’s name and/or logo may be placed on the nacelle of the WECS. No other signage shall be permitted.
   8. Feeder lines. All communications and feeder lines, equal or less than 34.5 kilovolts in capacity, installed as part of a WECS, shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.
   9. Waste disposal. All 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.
   10. Maximum vibration.
       1. Any WECS shall not produce vibrations through the ground that are perceptible by humans beyond the property on which it is located.
       2. Noncommercial WECS shall not be placed in a manner that causes shadow flicker onto neighboring property. Whether shadow flicker would be caused will be determined based on a shadow report submitted to the city for review.
       3. Applications for conditional use permits for both noncommercial and commercial WECS shall include data and/or analysis of both vibration and flicker impacts.
   11. Discontinuation and decommissioning. A WECS shall be considered a discontinued use after 1 year without energy production, unless a plan is developed and submitted to the city outlining the steps and schedule for returning the WECS to service.
       1. All WECS and accessory buildings shall be removed in their entirety including all footings and foundations within 90 days of the discontinuation of use.
       2. Each commercial WECS shall submit a decommissioning plan outlining the anticipated means and cost of removing the WECS at the end of its serviceable life or upon becoming a discontinued use. 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. The decommissioning plan shall be submitted as part of the conditional use permit application.
       3. The city shall require financial surety in the form of a cash escrow, irrevocable letter of credit, or performance bond to ensure that decommissioning of the commercial WECS is completed.

(2013 Code, § 11.71)

1. Noise. All WECS shall comply with the MPCA and city standards for noise.
2. Electrical Codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.
3. Federal Aviation Administration (FAA). All WECS shall comply with FAA standards and permit requirements.
4. Building Code. All WECS shall comply with the State Building Code as adopted by the state and the city.
5. Interference.
   1. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by WECS.
   2. The applicant shall notify all communication tower operators within 2 miles of the proposed WECS location upon application to the city for a permit to operate a WECS.
   3. No WECS shall be constructed so as to interfere with public safety telecommunications as determined by the city’s public safety departments.

(2013 Code, § 11.71)

1. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
2. Every person violates a section, subdivision, paragraph, or provision of this chapter, when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or who knowingly makes or submits any false statement or document in connection with any application or procedure required by this chapter. Upon conviction thereof, such person shall be punished as for a misdemeanor. (2013 Code, § 11.99)
3. 1. Violation of the provisions of §§ 151.085 through 151.094, or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
   2. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to, the following.
      1. In responding to a suspected violation of §§ 151.085 through 151.094, the Zoning Administrator and local government may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct violations of §§ 151.085 through 151.094, to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
      2. When a violation of §§ 151.085 through 151.094 is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document that nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional office along with the community’s plan of action to correct the violation to the degree possible.
      3. The Zoning Administrator shall notify the suspected party of the requirements of §§ 151.085 through 151.094 and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either:
         1. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or
         2. Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
      4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of §§ 151.085 through 151.094 and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of §§ 151.085 through 151.094. (2013 Code, § 11.56)
4. In addition to any other remedy allowed by this code of ordinances or state or federal law, grading that is done in violation of § 151.110 be subject to the penalties and fees as approved by the City Council. (2013 Code, § 11.60)

(Ord. 31, passed 10-25-1979; Ord. 337, passed 3-27-1992; Ord. 377, passed 7-7-1994; Ord. 384, passed 10-20-1994)