Van Wert City Zoning Code
CHAPTER 157
SMALL WIND ENERGY SYSTEMS
§ 157.01 PURPOSES.
The purposes of this chapter are to:
(A) Oversee the permitting of small wind energy systems in the city; and
(B) Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.
(Ord. 11-10-061, passed 11-28-2011)
§ 157.02 DEFINITIONS.
For purposes of this chapter, the following terms have the following meaning(s):
ADMINISTRATOR. The Safety-Service Director and/or the Building Commissioner.
METEOROLOGICAL TOWER (MET TOWER). Includes 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 source at a given location.
OWNER. The individual or entity that intends to own and operate the small wind energy system in accordance with this chapter.
ROTOR DIAMETER. The cross-sectional dimension of the circle swept by the rotating blades.
SMALL WIND ENERGY SYSTEM. A wind energy system that:
(1) Is used to generate electricity;
(2) Has a nameplate capacity of 100 kilowatts or less; and
(3) Has a total height of 170 feet or less.
TOTAL HEIGHT. The vertical distance from ground level to the tip of the wind generator blade when the tip is at its highest point.
WIND ENERGY SYSTEM. Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes, but is not limited to, any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.
WIND GENERATOR. Blades and associated mechanical and electrical conversion components mounted on top of the tower.
(Ord. 11-10-061, passed 11-28-2011)
§ 157.03 STANDARDS.
All small energy systems permitted in the city are subject to the following requirements:
(A) Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height from:
(1) Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
(2) Any overhead utility lines, unless written permission is granted by the affected utility;
(3) All property lines, unless written permission is granted from the affected land owner or neighbor.
(B) 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 not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(C) Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(D) Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).
(E) Appearance, color, and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved by the building permit.
(F) Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(G) Code compliance. A small wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code.
(H) Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with all applicable rules relating to notification of and interconnection with such utility.
(I) Met towers. Shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wing energy system.
(Ord. 11-10-061, passed 11-28-2011) Penalty, see § 157.99
§ 157.04 PERMIT REQUIREMENTS.
(A) Building permit. A building permit shall be required for the installation of a small wind energy system.
(B) Documents. The building permit application shall be accompanied by a conditional use order by the Zoning Board and a plot plan which includes the following:
(1) Property lines and physical dimensions of the property;
(2) Location, dimensions, and types of existing major structures on the property;
(3) Location of the proposed wind system tower;
(4) The right-of-way of any public road that is contiguous with the property;
(5) Any overhead utility lines;
(6) Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (free-standing or guyed);
(7) Tower foundation blueprints or drawings;
(8) Tower blueprint or drawing.
(C) Fees. The application for a building permit for a small wind energy system must be accompanied by the fee required for a building permit for a permitted accessory use.
(D) Expiration. A permit issued pursuant to this chapter shall expire if:
(1) The small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or
(2) The small wind energy system is out of service or otherwise unused for a continuous 12-month period.
(Ord. 11-10-061, passed 11-28-2011)
§ 157.05 ABANDONMENT.
(A) A small wind energy system that is out-of- service for a continuous 12-month period will be deemed to have been abandoned. The Administrator may issue a Notice of Abandonment to the owner of a small wind energy system that 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 Administrator shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.
(B) If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the tower at the owner's expense within three months of the receipt of the Notice of Abandonment. If the owner fails to remove the wind generator from the tower, the Administrator may pursue a legal action to have the wind generator removed at the owner's expense.
(Ord. 11-10-061, passed 11-28-2011)
§ 157.06 BUILDING PERMIT PROCEDURE.
(A) An owner, or his or her authorized agent, shall submit an application to the Administrator for a building permit for a small wind energy system. The application must be on a form approved by the Administrator, and must be accompanied by two copies of the plot plan identified in § 157.04(B) of this chapter.
(B) The Administrator shall issue a permit or deny the application within 30 days of the date on which the application was received.
(C) The Administrator shall issue a building permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this chapter.
(D) If the application is approved, the Administrator will return one signed copy of the application with the permit and retain the other copy with the application.
(E) If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected.
(F) The applicant may appeal the Administrator's decision to the Board of Building Appeals pursuant to § 152.14 of the Van Wert City Code of Ordinances.
(G) The applicant may reapply if the deficiencies specified by the Administrator are resolved.
(H) The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.
(Ord. 11-10-061, passed 11-28-2011) Penalty, see § 157.99
§ 157.07 VIOLATIONS.
It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter. Small wind energy systems installed prior to the passage of this chapter are exempt.
(Ord. 11-10-061, passed 11-28-2011) Penalty, see § 157.99
§ 157.08 ADMINISTRATION AND ENFORCEMENT.
(A) This chapter shall be administered by the Administrator or other official as designated.
(B) The Administrator, or other designated official, may enter any property for which a building permit has been issued under this chapter to conduct an inspection to determine whether the conditions stated in the permit have been met.
(C) The Administrator, or designated official, may issue orders to abate any violation of this chapter.
(D) The Administrator, or designated official, may issue a citation for any violation of this chapter.
(E) The Administrator, or designated official, may refer any violation of this chapter to legal counsel for enforcement.
(Ord. 11-10-061, passed 11-28-2011)
§ 157.99 PENALTIES.
(A) Any person who fails to comply with any provision of this chapter or a building permit issued pursuant to this chapter shall be subject to enforcement and penalties as stipulated in § 152.61 of the Van Wert City Code of Ordinances;
(B) Nothing in this section shall be construed to prevent the Building Commissioner from using any other lawful means to enforce this chapter.
(Ord. 11-10-061, passed 11-28-2011)