Small-Scale Wind Turbines. Policy Perspectives and Recommendations for the Municipality of the County of Kings

Transcription

1 Small-Scale Wind Turbines Policy Perspectives and Recommendations for the Municipality of the County of Kings kite Dalhousie University School of Planning Marta Downarowicz, Rachel Harrison, Robert Kostiuk, Jeff Wilson March 19, 2006

2 Table of Contents List of Figures...4 List of Tables...4 Executive Summary...5 Glossary...7 Part I: Introduction Approach Part II: Background Information County Profile What is a small-scale wind turbine? Turbine Components Rated Output Capacity Tower Height Where is the best place to site a small-scale wind turbine? Wind Density and Speed Types of Small-Scale Wind Turbines Stakeholder Information Opportunities Challenges Concerns with Small-Scale Wind Turbines Acoustics Aesthetics Falling Towers Types of Installation Decommissioning Climbing of Towers Icing Extreme Weather Avian Mortality Electromagnetic Interference How other policies deal with small-scale wind turbines Summary of Findings Part III: Enabling Municipal Planning Strategy to Permit Small-Scale Wind Turbines Municipal Planning Strategy Part IV: Addressing Concerns through Land Use Bylaws Question 1: How big is a small-scale wind turbine? Question 2: Where are small-scale wind turbines appropriate in the County? Question 3: Where should small-scale wind turbines be sited on individual properties? Other Considerations Decommissioning Signage Part V: Recommendations for Obtaining a Development Permit Appropriate steps to obtain a Development Permit Neighbour Notification Submit a Site Plan Attain Approval from Transport Canada and NavCanada Provide Manufacturer s Information Small-Scale Wind Turbines 2

3 Part VI: Land Use Bylaw Amendments...39 Proposed Amendment to Bylaw Part VII: Recommended Follow-Up...43 Part VIII: Conclusion...45 Endnotes...46 References...49 Appendices...54 Appendix 1: Interim Policy: Non-Utility Scale Wind Turbines...55 Amendments to Bylaw Appendix 2: Small-Scale Wind Turbine Manufacturers...57 Appendix 3: Small-Scale Wind Turbine Types and Use...59 Appendix 4: National Wind Energy Association Profiles...60 Appendix 5: Stakeholder Meetings...61 Nova Scotia Power Nova Scotia Department of Agriculture and Fisheries Second Source Power Company and Atlantic Orient Canada Inc Kings Federation of Agriculture Nova Scotia Department of Energy Appendix 7: Transport Canada and NavCanada (NavCan) Application Procedures...70 Small-Scale Wind Turbines 3

4 LIST OF FIGURES Figure 1: Wind Energy Potential of the County Figure 2: Map of the Municipality of the County of Kings Figure 3: Land Use Map Figure 4: Tower Styles and Parts Figure 5: Wind Speed and Wind Power Increase with Tower Height Figure 6: Factors in Siting Small-Scale Wind Turbines Figure 7: Wind Electric and Mechanical Water Pumping Systems Figure 8: Sound Pressure Levels Figure 9: Soil Capability Map Figure 10: Sample Setback Diagram LIST OF TABLES Table 1: Wind Density and Speed by Height Table 2: Other Small-Scale Wind Turbine Policies and their Land Use Applications Table 3: Zoning Suitability for Small-Scale Wind Turbines Table 4: Small-Scale Wind Turbine Manufacturers Table 5: Small-Scale Wind Turbine Category Table 6: Small-Scale Wind Turbines Produced/Distributed by Atlantic Orient Canada Inc. and Second Source Power Company Small-Scale Wind Turbines 4

5 EXECUTIVE SUMMARY In 2005, Second Source Power Company (a local wind turbine distributor) approached the Municipality of the County of Kings Council to develop the potential of small-scale wind turbines. Recognising this as a land use issue, Council instructed its Planning Department to develop policy permitting small-scale wind turbines. Council adopted an interim policy in January 2006 until further study could be completed. This report explores the implementation of small-scale wind turbines, recommending permanent policy amendments. It reviews policy in other jurisdictions, as well as the County s own Municipal Planning Strategy (MPS) and Land Use Bylaws (LUBs), incorporates stakeholder input, and suggests policy recommendations and amendments to permit turbines in the County. The Canadian Wind Energy Association (CanWEA), Canada s national group supporting this technology, is simultaneously pursuing the creation of a model policy to be used by municipalities. A definition of small-scale wind turbines evolved from the research and findings: A small-scale wind turbine converts the wind s kinetic energy into either electrical power or mechanical energy. The turbine comprises the tower, rotor blades and nacelle. It shall have a maximum rated output capacity of no greater than 100 kilowatts, a maximum total height no higher than 170 feet, and a minimum rotor clearance no less than 15 feet from grade. Power-generating small-scale wind turbines primarily provide power for on-site usage; at minimum, 50 percent of generated power must be consumed on-site. Two key land use considerations arise for small-scale wind turbines: Where are small-scale wind turbines appropriate in the County? How should small-scale wind turbines be sited on individual lots? Three principles guided the policy recommendations responding to these questions: maintaining consistency with the County s existing MPS and LUBs, ensuring public safety, and providing consumer opportunity. As an accessory use, the report finds that small-scale wind turbines provide benefit to farms, industries, forestry, and homes in identified residential areas, especially when confronted with rising rates for traditional sources of power. Zones with particular growth goals, heritage characteristics, and environmental sensitivities are identified as inappropriate for turbines. Additionally, small-scale wind turbines are not suitable for placement on public land. Instead, turbines are permitted on private land where it is the landowner s responsibility to be accountable for safety, liability and maintenance issues. The report recommends small-scale wind turbine sites in clearly suitable zones. Once the County gains experience with this new land use, Council may revisit the bylaw to reconsider adding new zones. Small-Scale Wind Turbines 5

6 Zones for Permitting Small-Scale Wind Turbines Permitted Land Use Zone Heavy Industrial (M2) Zone Agricultural (A1) Zone Forestry (F1) Zone Agricultural Industrial (M3) Zone Resource Industrial (M4) Zone Hamlet Industrial (M5) Zone Salvage Yard Industrial (M6) Zone Country Residential (R6) Zone Hamlet Residential (R7) Zone Future Shoreland (S2) Zone Coastal Shoreland (CS) Zone Seasonal Shoreland (S1) Zone Country Residential Resort Comprehensive Development (R8) Water Supply (O2) Zone Resource Extraction (M7) Zone Permitted Use With Conditions N/A N/A N/A N/A N/A N/A N/A N/A Small-scale wind turbines as an accessory to agricultural and forestry uses. Small-scale wind turbines conditional to same height and setback requirements as dwellings. Small-scale wind turbines conditional to same height and setback requirements as dwellings. Small-scale wind turbines conditional to same height and setback requirements as dwellings. Small-scale wind turbines conditional to required comprehensive development agreement. Small-scale wind turbines conditional to Environmental Impact Assessment. N/A Small-Scale Wind Turbines 6

7 GLOSSARY Average Wind Speed: Blade: Blade Length: Blade Diameter: Energy: Generator: Grid: Guy Anchor: Guy Wire: Guyed Lattice Tower: Hub: Hub Height: Interconnected Turbine: Kilowatt (kw): Kilowatt Hour (kwh): The mean wind speed over a specified period of time. The aerodynamic surface that catches wind, causing the rotor to turn. The length of the turbine blade measured from the blade tip to the centre of the rotor. The length of the turbine blade diameter measuring the longest distance from the tip of one blade to the tip of the opposite blade. That which can accomplish work. A device that converts the wind s kinetic energy into electrical energy (electricity). The utility distribution system, or network that connects electricity generators to electricity users. A foundation designed for guy wire connection. A cable or wire used as a tension support between a guy anchor and a tower. A tower that uses external guy supports. The fixture attaching the blades or blade assembly of a wind turbine to the rotor shaft. The height of the centre of the wind turbine rotor above the ground. Interconnected turbines are small-scale wind turbines that are connected to the utility grid. A measure of power for electrical current (1,000 watts). A measure of energy equal to the use of one kilowatt in one hour. Large-Scale Wind Turbine: Turbines with rated output capacities of greater than 300 kw. 1 Large-scale wind turbines contribute electricity to the grid for resale and profit. Maximum Rated Output Capacity: The maximum power produced by the wind turbine operating at optimal wind speed. Small-Scale Wind Turbines 7

8 Megawatt (MW): A measure of power equal to 1,000,000 Watts or 1,000 kilowatts (a typical measurement of rated output capacity for large-scale wind turbines). Mean Wind Speed: The statistical mean of the instantaneous value of the wind speed average over a given time period which can vary from a few seconds to many years. Mechanical Water A 1 to 10 kw water pumping mechanical wind turbine that Powered Pumping System: must be placed directly above the well. Nacelle: Net Metering: Off-grid: Rated Wind Speed: Rotor: Rotor Diameter: Rotor Speed: Solid Mono-tower: The housing which contains the drive-train and other elements on top of a wind turbine tower. Net metering monitors the amount of energy consumed from and contributed to the grid. Consumers are billed for the amount of power used minus the amount of power contributed. Consumers cannot profit if more power is contributed than used. 2 A site that operates independently from the electrical grid, usually in rural environments. The wind turbine provides the primary source of power. The specific wind speed at which a wind turbine s rated output capacity is achieved. The rotating part of a wind turbine including either the blades and blade assembly or the rotating portion of a generator. The diameter of the circle swept by the rotor. The revolutions per minute of the wind turbine rotor. A solid tower that does not use external supports such as guy wires. Small-Scale Wind Turbine: A small-scale wind turbine converts the wind s kinetic energy into either electrical power or mechanical energy. The turbine comprises the tower, rotor blades and nacelle. It has a maximum rated output capacity of no greater than 100 kilowatts, a maximum total height no higher than 170 feet, and a minimum rotor clearance no less than 15 feet from grade. Power-generating small-scale wind turbines primarily provide power for on-site usage; at minimum, 50 percent of generated power must be consumed on-site. Total Height: The height of a wind turbine measured from the base of the tower to the tip of a blade at its highest point. Small-Scale Wind Turbines 8

9 Tower Height: Turbulence: The height of the wind turbine tower as measured from the base of the tower to the bottom of the nacelle. The changes in wind speed and direction, frequently caused by obstacles such as structures, trees and land forms. Utility-Scale Wind Turbine: See Large Scale Wind Turbine Watt (W): A measure of power for electrical current (1,000 Watts = 1 kw). Wind Electric Water Pumping System: Wind Energy: Wind Power Class: Wind Power Density: Wind Farm: A 1 to 10 kw wind turbines used for pumping water. Wind electric pumping systems can be placed anywhere on a site where the wind resource is best. Energy obtained from a wind turbine that is powered by the wind. A method for classifying different categories of wind power (measured in both wind density and speed). There are seven classifications ranging from Class 1(very light winds) to Class 7 (very strong winds). Class 2 or 3 winds are usually suitable for small-scale wind energy production. An indication of how much energy is available on a site for conversion by a wind turbine (measured in Watts per square meter). A group of large-scale wind turbines often owned and maintained by one company. Small-Scale Wind Turbines 9

10 Part I: Introduction PART I: INTRODUCTION The Canadian Wind Energy Atlas identifies the Municipality of the County of Kings, Nova Scotia (hereafter referred to as the County) as having potential for wind energy production (Figure 1). Small-scale wind turbines present an opportunity for residents and the County s main industries (manufacturing and farming). 3 The prospect of saving money on power (and the potential for pumping water in agricultural applications), motivates individuals and industry to pursue small-scale wind turbines. To optimise this potential while minimising conflict with existing uses, the County is pursuing amendments to its Municipal Planning Strategy (MPS) and Land Use Bylaws (LUBs) to permit small-scale wind turbines. Wind energy is the fastest growing source of electricity in the world becoming cheaper to produce as its popularity grows. In Nova Scotia energy rates are on the rise with Nova Scotia Power attaining permission for another increase in power rates. The County primarily relies on burning fossil fuels (coal and oil) for power generation; these energy sources are environmentally unsustainable. Maximising the potential of its wind resources for energy generation proactively responds to meeting the green energy targets of Nova Scotia Power and the Kyoto Protocol, reducing the County s contribution to global climate change. The County s most favourable area is the valley floor between the North and South Mountains, and along the Minas Basin. Currently, no detailed wind analysis data exists for the County, as a result recommended policy will not be site specific. Figure 1: Wind Energy Potential of the County Source: Applied Geomatics Research Group. Small-Scale Wind Turbines 10

11 Part I: Introduction Prior to January 2006, the County treated small-scale turbines as an accessory use, restricting heights to levels that prevent them from clearing ground turbulence and accessing adequate wind speeds for energy production. In January 2006, the County adopted an interim bylaw to permit small-scale wind turbines subject to height restriction and lot size (Appendix 1), with the intent of introducing permanent amendments. This report provides further examination into smallscale wind turbines and recommends amendments to the MPS and LUBs for their siting. Small-Scale Wind Turbines 11

12 Part I: Introduction 1.0 APPROACH Part II compiles background information on wind turbines and the County; synthesises stakeholder input regarding opportunities, constraints, and land use for turbines in the County; and, reviews other small-scale wind turbine policies. Part III reviews the Municipal Planning Strategy, suggesting requisite changes to permit small-scale wind turbines. Part IV establishes principles to guide the land use analysis and recommendations. Key questions are answered responding to issues arising from small-scale wind turbines. Recommended LUB amendments evolve from this analysis. Continuing on from Parts III and IV, Part V reviews the County s application process and recommends a specific process for dealing with small-scale wind turbine applications. Part VI proposes draft policy for small-scale wind turbines in the County. Part VII recommends follow-up work to monitor the policy after implementation. Small-Scale Wind Turbines 12

13 PART II: BACKGROUND INFORMATION 2.0 COUNTY PROFILE Figure 2: Map of the Municipality of the County of Kings Part II: Background Information Source: Municipality of the County of Kings Planning Department The County is home to 58,866 residents. 4 Its twelve Growth Centres (Figure 2) have experienced a population growth of more than 14 percent since 1991; 5 however, more than 80 percent of the County s population still resides in rural areas. The Municipal Planning Strategy (MPS) provides policy guidance for the County while Land Use Bylaws (LUB) implement the land use regulations. Separate MPSs and LUBs govern the towns of Wolfville, Berwick and Kentville. Special consideration is given to preserve the character of the County by regulating land uses in zones and districts (Figure 3). Small-Scale Wind Turbines 13

14 Part II: Background Information Figure 3: Land Use Map Source: Municipality of the County of Kings Planning Department Small-Scale Wind Turbines 14

15 Part II: Background Information 2.1 WHAT IS A SMALL-SCALE WIND TURBINE? Turbine Components Small-scale wind turbines are comprised of blades, a shaft, and a generator (Figure 4). Wind turbine manufacturers produce two different types of towers: a guyed lattice tower and a solid mono-tower. The guyed lattice tower usually comes with four guy wires, used to secure the tower to the ground, whereas the mono-tower is a solid shaft, usually without guy wiring. Figure 4: Tower Styles and Parts Source: Modified from Nova Scotia Department of Mines and Energy Wind Power. Nova Scotian Research Foundation Corporation Rated Output Capacity Wind turbines are size-classed by their maximum rated output capacity the amount of power they produce in a year, measured in kilowatts (kw) under optimal conditions. By definition, most small-scale wind turbines have a maximum rated output capacity of between 50 kw and 100 kw. 6 A single, on-site turbine provides power primarily for consumption by the home, farm, or industry sharing its site. Small-scale wind turbines typically Small-Scale Wind Turbines 15

16 Part II: Background Information produce between 1 kw and 100 kw of electricity per year. Manufacturers produce turbines with different output capacities to suit a wide variety of consumer needs (e.g. 1.5, 3, 4.5, 10, 50, and 100 kw turbines) (Appendix 2). As residential dwellings consume 8 kw annually 7 and average farms use about 15 kw per year 8, one small-scale wind turbine can meet sitespecific power demands for these land uses (Appendix 3) Tower Height Tower height is measured from the base of the wind turbine tower to the bottom of the nacelle. Tower height dramatically influences wind turbine output because height allows rotors to clear turbulence. Higher towers facilitate access to increased wind power (Figure 5); maximising tower height provides higher returns on investment. For instance, a 10 kw wind turbine with a 90-foot tower costs 10 percent more in capital costs, but can result in 30 percent more power produced than the same turbine on a 54-foot tower. 9 Figure 5: Wind Speed and Wind Power Increase with Tower Height Source: Modified from Canadian Wind Energy Association WHERE IS THE BEST PLACE TO SITE A SMALL-SCALE WIND TURBINE? Turbines operate most efficiently when clear of structures, trees and land forms which potentially cause wind turbulence. Elevation, topography, surface roughness, and location, affect the quality and quantity of wind. Both the American Wind Energy Association (AWEA) and the Canadian Wind Energy Association (CanWEA) (profiles in Appendix 4) recommend small-scale turbines be elevated at least 25 to 30 feet above any obstacle within a 250 to 500-foot radius of the tower (Figure 6). In most areas, the highest point on the site, or the area with the least obstruction, provides the premier location for the turbine. Small-Scale Wind Turbines 16

17 1 Part II: Background Information Figure 6: Factors in Siting Small-Scale Wind Turbines Source: Modified from American Wind Energy Association Wind Density and Speed Small-scale turbines become a good investment when placed in an area open to sufficient wind density and speed. The U.S. Department of Energy ranks wind power (measured in both wind density and speed) according to seven classifications (Table 1). Table 1: Wind Density and Speed by Height 33 ft 100 ft 164 ft Wind Wind Average Wind Average Wind Average Power Power Wind Speed Power Wind Speed Power Wind Speed Class Density (m/s) Density (m/s) Density (m/s) (W/m 2 ) (W/m 2 ) (W/m 2 ) 1 <100 <4.4 <160 <5.1 <200 <5.6 2 <150 <5.1 <240 <6.0 <300 <6.4 3 <200 <5.6 <320 <6.5 <400 <7.0 4 <250 <6.0 <400 <7.0 <500 <7.5 5 <300 <6.4 <480 <7.5 <600 <8.0 6 <400 <7.0 <640 <8.2 <800 <8.8 7 <1000 <9.4 <1600 <11.0 <2000 <11.9 Source: Modified from National Wind Technology Centre With a small-scale wind turbine, Class 2 or 3 winds at minimum of 30 feet are typically sufficient for yielding power. 10 As Table 1 indicates, increased wind speed and densities can be achieved at greater heights due to a decrease in wind turbulence. Although wind classifications provide a general indication of a site s wind generation potential, professional wind testing of a site generates the greatest accuracy, and is recommended by most manufacturers. 11 Small-Scale Wind Turbines 17

18 Part II: Background Information 2.3 TYPES OF SMALL-SCALE WIND TURBINES Interconnected Turbines Interconnected turbines are small-scale wind turbines linked to the utility grid. The power they produce feeds directly into the local power grid where it is stored for their owner s future use. Turbine owners are not billed for electricity used from the grid except for amounts over and above what is contributed by their turbine. Nova Scotia Power Incorporated (NSPI) has a net metering program that allows small wind turbines producing less than 100 kw to be connected to the grid Off-Grid Turbines When the site operates independently from the electrical grid, usually in rural environments, the wind turbine provides the primary source of power. Since wind does not blow consistently throughout the year, off-grid systems require power storage facilities to provide for periods of low wind. Battery systems ensure constant supply, but require additional investment and maintenance Water Pumping Turbines Ideal for farms and remote locations, wind-powered pumping systems provide water for irrigation, livestock, and home use. There are two types of water pumping systems: mechanical water pumping windmills and wind electric water pumping systems (Figure 7). To avoid turbulence, water pumping turbines require the same siting considerations as small-scale wind turbines. Additionally, mechanical water pumping windmills must mount directly over the water source. Figure 7: Wind Electric and Mechanical Water Pumping Systems Source: Natural Resources Canada Small-Scale Wind Turbines 18

19 Part II: Background Information 2.4 STAKEHOLDER INFORMATION Stakeholders provide insight and different perspectives for siting small-scale wind turbines. Stakeholders represented a wide variety of interests, from potential users and turbine manufacturers to regulators. Stakeholders Nova Scotia Power Incorporated; Nova Scotia Department of Agriculture and Fisheries; Second Source Power Company (local small-scale wind turbine distributor); Atlantic Orient Canada Inc. (local small-scale wind turbine manufacturer); The Kings Federation of Agriculture; and, Nova Scotia Department of Energy. Stakeholder representatives helped identify opportunities, challenges, and considerations required to develop effective policy for siting small-scale wind turbines (Appendix 5) Opportunities Stakeholders identified that small-scale wind turbines: Provide potential long-term cost savings to consumers; Present an option for an independent, sustainable energy source; Provide a supplementary power source during power failures (in offgrid applications or where batteries store excess energy); Offer unique agricultural advantages including business opportunities for entrepreneurial farmers and a practical means to pump water; and, Add potential value to the resale of properties Challenges Stakeholders suggested that small-scale wind turbines: Require high initial installation costs and long cost recovery periods (may not be feasible for transient residents); Lack financial incentives to encourage residential or farm use; Could increase farmers taxable land base; Are perceived to be noisy and aesthetically unattractive; Demand additional time and financial investment in maintenance; Consume valuable agricultural land; and, Can become an obstacle when ploughing. Small-Scale Wind Turbines 19

20 2.5 CONCERNS WITH SMALL-SCALE WIND TURBINES Part II: Background Information Key concerns arise from the introduction of small-scale wind turbines. Legacy problems associated with older wind systems, such as electromagnetic interference, are addressed by the industry as it develops new generations of turbines. While many of the issues have been resolved, quite often there remains a perception that these problems still exist. The following is a summary of the major concerns identified from the literature and stakeholder meetings Acoustics Most small-scale wind turbines produce between 40 and 60 decibels of noise (Figure 8). Within several hundred feet of the turbine, turbine noise may not be distinguishable from general background noise (such as local traffic or the wind blowing through trees). Actual noise levels depend on the type of turbine and site terrain. CanWEA recommends that smallscale wind turbines be placed at least 600 feet (200 meters) away from occupied dwellings on neighbouring properties to avoid noise issues. 13 Figure 8: Sound Pressure Levels Source: American Wind Energy Association Aesthetics The aesthetic impacts of small-scale wind turbines are subject to perception. Neighbours may be concerned about turbines obstructing their views, while tourists may enjoy the nostalgic aspect of turbines on farms. Land use bylaws mitigate and minimise aesthetic concerns Falling Towers Limited instances of towers collapsing have occurred in the US and Canada, mostly with older or poorly maintained turbines. 14 Precautions Small-Scale Wind Turbines 20

21 Part II: Background Information should be taken to ensure that, in the instance of a falling tower, occupied dwellings and neighbouring properties are not affected Types of Installation Mounting the tower on the ground is safer and generates more electricity than rooftop installations. Buildings cause turbulence, reducing the turbine s stability and power output. Inefficient and dangerous, rooftop installations are not recommended Decommissioning Neglecting to maintain turbines or complete abandonment can pose a safety hazard to the public and leave a blight on the landscape. Imposing policy regulations ensures that wind turbines are decommissioned in a timely manor Climbing of Towers The climbing mechanism to service most presently available towers begins, at minimum, 10 feet above ground to prevent unauthorized climbs. Some designs involve lowering the tower to ground-level for maintenance procedures, eliminating the need for climbing mechanisms Icing Accumulation of ice on rotor blades makes the blades less aerodynamic so they turn more slowly. When melting occurs, ice typically drops to the base of the turbine tower rather than being thrown. 16 Precautions should be taken to ensure that the public is not at risk from falling ice Extreme Weather Weather conditions pose a threat to turbine parts, potentially causing operational and durability problems. Sites close to the ocean may experience corrosion. 17 Owners of small-scale wind turbines in coastal areas or areas with extreme weather assume the costs and responsibility of additional servicing to their systems Avian Mortality Small wind turbines can pose a threat to birds, but reports of bird deaths are rare. 18 Siting a wind energy system away from migration routes or bird nesting and feeding sites minimises potential conflict Electromagnetic Interference Modern small wind turbines do not create interference with television signals. Although metallic blades used in older turbines caused some localised problems, today, turbines made of wood, fiberglass or composite materials do not cause electromagnetic interference. 19 Small-Scale Wind Turbines 21

22 Part II: Background Information 2.6 HOW OTHER POLICIES DEAL WITH SMALL-SCALE WIND TURBINES This study reviewed Canadian and American policies, model policies, and the recommendations of national wind energy associations addressing small-scale wind turbine applications. Table 2 displays specific small-scale wind turbine applications related to each reviewed document. Table 2: Other Small-Scale Wind Turbine Policies and their Land Use Applications Policies, Models, Associations Application Canada Pincher Creek, AB Primarily rural setting Windsor, ON policy Accessory use in all zoning district subject to conditions Bruce Co., ON Accessory use, primarily rural Cape Breton Regional All zones, but primarily rural Municipality, NS Municipality of the County of All rural zones Kings United States Huron Co., MI Primarily agricultural Benton Co., WA Agricultural Protection Zone only Kittitas Co., WA All zoning districts California State Residential, farm, and small commercial uses Monterey Co., CA Specified zones only New York State: Model N/A Ordinance Washington State: House Bill All zones 1021 Clean Energy Resource Team (Minnesota) National Associations American Wind Energy Association Canadian Wind Association of Canada Permitted in Agricultural and Industrial Zones; conditionally permitted in rural (large lot) residential, highway commercial, urban expansion, shoreland, wild and scenic river; not permitted in rural town site or general business areas Permitted in all zoning classifications Grid-connected or off-grid Summary of Findings Land use bylaws mitigate potential issues associated with small-scale wind turbines by establishing locally appropriate siting regulations. In total, 35 regulatory attributes were identified in the policies and model ordinances (Appendix 6); however, no policy, model, or association comprehensively addressed all 35 attributes: Small-Scale Wind Turbines 22

23 Part II: Background Information Acoustics Aesthetics Airport Blade Clearance Certification of Equipment Coastal Areas Decommissioning Definition Dwelling Dwelling on Adjacent Properties Environmental Impact Assessment Fencing Requirements Front Property Line Height Heritage Liability Insurance Lighting Minimum Lot Size Neighbour Notification Net Metering Other Buildings Permitting Costs Production Public Meeting Rear Property Line Requirement for Drawings Requirement for Engineering Analysis Roads and Right-ofways Rotor/Blade Diameter Safety Side Property Line Use Utility Notification View Planes Zone boundary No exclusive definition exists for small-scale turbines. Several features are often identified in the definition including maximum rated output capacity, maximum total height, maximum rotor diameter, and minimum rotor clearance. A review of other policies also highlights the importance of creating a definition for small-scale wind turbines that reflects the local context and energy requirements. Small-Scale Wind Turbines 23

24 Part III: Enabling Municipal Planning Strategy to Permit Small-Scale Wind Turbines PART III: ENABLING MUNICIPAL PLANNING STRATEGY TO PERMIT SMALL-SCALE WIND TURBINES 3.0 MUNICIPAL PLANNING STRATEGY The future development of small-scale wind turbines is in the best interest of the County for a number of reasons. Wind energy is a clean and abundant continuous supply renewable resource, unlike other renewable resources such as wood, which require replacement involving extra costs and time. Considering the County s potential for wind energy production, and the current reliance on fossils fuels for power generation by NSPI, the development of a small-scale wind turbine policy helps the County create a proactive response to the Kyoto Protocol s emission reduction targets. The MPS establishes the strategic land use goals of the County. The introduction of a new use, such as small-scale wind turbines, necessitates a review of these goals to determine a context for the new use. Fulfilling the MPS Goals Small-scale wind turbines fulfill the Strategy s general goals: TO FACILITATE A BROAD ECONOMIC BASE BY: supporting the continued growth of the agricultural industry TO FACILITATE THE GROWTH OF THE AGRICULTURAL INDUSTRY IN THE COUNTY BY: encouraging industry associated with agriculture to locate and expand in the County; supporting the farm population in their efforts to increase the economic viability of the agriculture industry TO MINIMISE AND REDUCE CONFLICTS BETWEEN THE AGRICULTURAL INDUSTRY AND NON AGRICULTURAL DEVELOPMENT BY: promoting the prime agricultural areas from the intrusion of uses which are incompatible with or adverse to the future growth of the agricultural sector Potential MPS Conflicts There is the potential for conflict to arise between the use of small-scale wind turbines and the particular goals of the MPS, notably: TO PROTECT THE NATURAL ENVIRONMENT OF THE COUNTY BY: ensuring the environmental compatibility of development within the adjacent to environmentally sensitive areas. Small-Scale Wind Turbines 24

25 Part III: Enabling Municipal Planning Strategy to Permit Small-Scale Wind Turbines TO FACILITATE THE GROWTH OF THE AGRICULTURAL INDUSTRY IN THE COUNTY BY: designating lands with high agricultural soil capability as protected Agricultural Districts; Although the development of small-scale wind turbines can reduce the total amount agricultural land, their use complements the agricultural industry, potentially increasing its economic viability. The small footprint of turbines minimises the impact on prime agricultural soils while increasing the economic viability of the agricultural industry, furthering the goals of the MPS. 3.1 Amendments to the Municipal Planning Strategy To enable the County to develop Land Use Bylaws for small-scale wind turbines, specific policy must be created in the MPS. The following recommended policy allows for the future development of small-scale wind turbines to be defined in greater detail in the County s Land Use Bylaws. 5.4 Siting of Small-Scale Wind Turbines Small-scale wind turbines allow residents to develop and consume on-site energy in an environmentally sustainable fashion. Within Nova Scotia, the County has excellent wind power producing capability. Small-scale wind turbines vary in size, use and rated output capacity, offering the opportunity for on-site energy production and potential energy cost savings. Turbines are compatible with a number of land uses in different zones. Given the potential of small-scale wind turbines in the County, a comprehensive set of guidelines is required Small-Scale Wind Turbine Objectives To prevent conflicts with neighbouring uses resulting from indiscriminate placement of small-scale wind turbines To maintain consistency with and support the urban and rural goals of the Strategy To control small-scale wind turbines to ensure an acceptable standard of safety and compatibility is maintained in the County To respond to the needs of residents and businesses by providing opportunity for on-site wind power generation Small-Scale Wind Turbine Policy Council shall include provisions in the Land Use Bylaw to regulate the use of small-scale wind turbines. Small-scale wind turbine regulations, including limits on the number, type, size, rated output capacity and location, are intended to ensure safety and mitigate conflict with neighbouring uses. Small-Scale Wind Turbines 25

26 Part IV: Addressing Concerns through Land Use Bylaws PART IV: ADDRESSING CONCERNS THROUGH LAND USE BYLAWS Enabled by the Municipal Planning Strategy, the County s Land Use Bylaws implement land use regulations. Small-scale wind turbine policy must address three questions arising from a review of background, policy, and literature: How big is a small-scale wind turbine? Where are small-scale wind turbines appropriate in the County? Where should small-scale wind turbines be sited on individual properties? The following principles guided the response to these questions: Principle 1: Maintain consistency with the County s MPS and LUBs. Principle 2: Ensure public safety. Principle 3: Provide consumers with opportunities. Policy drafted to permit small-scale wind turbines should be consistent with existing policy and bylaws, reflecting current land use patterns in the County. The MPS and LUBs are intended to ensure that the public s safety is not compromised. Land use tools, such as setbacks and height restrictions protect both private land owners and the public from physical harm and nuisance. Owners can benefit from the economic and environmental opportunities of small-scale wind turbines, satisfying their own energy needs from a sustainable source and potentially saving money through reduced power bills. 4.0 QUESTION 1: HOW BIG IS A SMALL-SCALE WIND TURBINE? Potential Issue: Impacts related to the size of the small-scale wind turbine The size of the small-scale wind turbine includes height of the turbine tower, rotor blade diameter, and rated output capacity. Longer rotor blades produce less sound than small blades, but generally require a higher tower. Although higher turbine towers increase the potential to optimise wind, visual impacts are also affected Analysing Attributes of a Definition Maximum Total Height Maximum total height is measured from the base of the tower to the tip of a blade at its highest point. While maximum heights in the reviewed policies range from 50 feet to 100 feet, associations recommend limits of 150 feet to 200 feet. Some policies correlate turbine height to lot size, permitting higher turbines on larger lots. One policy restricts height to 75 feet in urban areas. 20 Other policies make exceptions when site-specific heights recommended by manufacturers exceed bylaw limits. Commercial availability of products themselves may limit height the National Renewable Energy Laboratory in Wisconsin acknowledges that for turbines up Small-Scale Wind Turbines 26

27 Part IV: Addressing Concerns through Land Use Bylaws to 100 kw, new and remanufactured equipment generally does not exceed a total height of 170 feet 21 which is within the suggested permissible height range of both CanWEA and AWEA Maximum Rated Output Capacity Maximum rated output capacity is the output power operated at the optimal wind speed. The average Nova Scotian home consumes between 8 and 10 kw of power annually - this demand could be satisfied with a 10 to 15 kw turbine. 22 Industrial, commercial, and agricultural uses consume more, with the average farm using 15 kw annually. A capacity of 100 kw exceeds the energy needs of most potential users, allowing for future growth in these sectors. Nova Scotia Power Inc. permits small-scale wind turbines with rated capacities under 100 kw to be grid connected, so any larger unit could not connect to the local grid. A 100 kw capacity is also consistent with maximum limits set in many of the reviewed policies Maximum Rotor Diameter A maximum rotor diameter of 65 feet reflects the current maximum diameter of a small-scale wind turbine with a rated output capacity of 100 kw. 23 The County of Washington restricts blade size to a 30-foot diameter. No other policy deals with the issue, suggesting that other limits, including maximum total heights and minimum blade clearance from grade, combine to reasonably limit rotor diameter Minimum Rotor Clearance Maintaining a minimum clearance between the spinning arc of the rotor and the ground ensures safety while maximising energy production. The County s interim policy reiterates the 15-foot minimum requirements found in most reviewed policies Answer: Definition Based on a policy review, model ordinances, background research, and stakeholder input, the following definition is recommended for small-scale wind turbines. A small-scale wind turbine converts the wind s kinetic energy into either electrical power or mechanical energy. The turbine comprises the tower, rotor blades and nacelle. It shall have a maximum rated output capacity of no greater than 100 kilowatts, a maximum total height no higher than 170 feet, and a minimum rotor clearance no less than 15 feet from grade. Powergenerating small-scale wind turbines primarily provide power for on-site usage; at minimum, 50 percent of generated power must be consumed onsite. Small-Scale Wind Turbines 27

28 Part IV: Addressing Concerns through Land Use Bylaws 4.1 QUESTION 2: WHERE ARE SMALL-SCALE WIND TURBINES APPROPRIATE IN THE COUNTY? Potential Issue: Land Use Conflict As an accessory use, small-scale wind turbines are appropriate where they complement the primary use of the lot. Grey areas arise with regard to issues of public liability in the unlikely circumstance of turbine malfunction. In cases where potential conflicts arise between zone uses and public safety, policy recommendations err on the side of caution and may be revisited as the County gains experience with small-scale wind turbines in its local context Review of Current Zoning i) Agriculture (A1) The MPS and LUBs identify the County s prime agricultural soils, attempting to minimise land fragmentation on class two and three soils (MPS ). The County s valuable soil resources (Figure 10) are protected from fragmentation and development by allocating future growth to Growth Centres and by strictly regulating development activities on agricultural lands. However, limiting turbines to particular soil classifications, in accordance with the MPS , precludes most farmers from benefiting from small-scale wind turbines. Figure 9: Soil Capability Map Municipality of the County of Kings Planning Department Small-Scale Wind Turbines 28

29 Part IV: Addressing Concerns through Land Use Bylaws In accordance with MPS , small-scale wind turbines facilitate the growth of the agriculture industry in the County, supporting efforts to increase the economic viability of the agriculture industry. Historically, wind turbines, along with other mechanical tools, have been used by farmers in their operations. Today, turbines can complement agricultural practices by supplying a farm s energy and/or water needs, avoiding conflict with MPS b: protect the prime agricultural areas from the intrusion of uses that are incompatible with, or unnecessary to the future growth of, the agricultural sector. Long-term economic benefits of turbines positively contribute to the sustainability of agriculture (MPS ) in the face of rising energy costs. ii) Urban Residential (R1, R2, RM, R3, R4, R5) The County directs future growth into twelve designated Growth Centres. The planning policies and regulations of the Growth Centres aim to protect the unique character and to create an orderly urban land use pattern (MPS and ). The MPS and LUBs encourage higher density and small lot sizes (MPS and ); these goals conflict with required safety setbacks for wind turbines, essentially prohibiting them. iii) Industrial (Heavy Industrial M2, Agricultural Industrial M3, Resource Industrial M4, Hamlet Industrial M5, Salvage Yard Industrial M6, Resource Extraction M7) Industrial zones in the County provide for the development of industrial and related activities in both urban and rural contexts. Small-scale wind turbines offer energy alternatives for existing development and the opportunity for future eco-industrial development. Current regulations in the industrial zones minimise potential land use conflicts between industrial activities and other surrounding uses (MPS ). iv) Commercial (Agricultural Commercial C8, Rural Commercial C9, Hamlet Commercial C10) Commercial zones endeavour to provide commercial opportunity in appropriate urban zones within the County (MPS ). The purpose of rural commercial areas is to permit traditionally permitted commercial uses (farm markets and wineries) as well as more intensive commercial activities (agra-tourism) provided they will not lead to a loss of agricultural land or create land use problems (MPS 3.2.8). The public regularly accesses private property in commercial zones, potentially creating liability issues related to the safety of small-scale wind turbines. v) Hamlets (Hamlet Residential R7) Hamlets provide amenities for surrounding rural areas. The MPS intends to retain the rural character of hamlets by ensuring lower density development sensitive to the visual character and identity of each settlement, MPS Precluding small-scale wind turbines from R7 zones supports the MPS. Small-scale wind turbines; however, could Small-Scale Wind Turbines 29

30 Part IV: Addressing Concerns through Land Use Bylaws be suitable in Agricultural Hamlets to support various agricultural operations. vi) Hamlet Historic Residential (R9) The Hamlet Historic Residential Zone comprises several land uses supporting its unique history and development character. Grand Pre has been identified as a Hamlet Historic Residential as well as a Heritage Conservation District. Small-scale wind turbines with their potential impacts on the heritage quality of the community, should be excluded from R9 zones. vii) Forestry (F1) The Forestry Zone prioritises forestry and agricultural uses (MPS ), some residential development at low densities (MPS ) and limited commercial and industrial (MPS ). Small-scale wind turbines could be an appropriate accessory use to a diversity of primary uses in this zone including mills, farms and residences. viii) Country Residential (R6) The Country Residential Zone provides opportunities for rural residential development and non-residential resource development. The mix of uses intended for Country Residential Districts may result in land use conflicts (MPS 3.4). Residents, for example, could expect to find agricultural, forestry and aggregate extraction related uses on lands adjacent to their homes. Small-scale wind turbines are suitable considering the variety of land uses permitted in this zone. Lot sizes in the Country Residential zone must also be a minimum of 50,000 square feet with a minimum road frontage of 200 feet (MPS ). The large lot size in the Country Residential Zone is appropriate for siting small-scale wind turbines minimising possible nuisance to neighbours. ix) Country Residential Resort (R8) The Country Residential Resort identifies the opportunity for tourism development while ensuring that the character of the rural landscape is not compromised (MPS ). A Comprehensive Development Agreement is required for development, ensuring that plans for smallscale wind turbines are reviewed prior to installation. x) Institutional (I1, CF) Institutional zones provide for the development of large land intensive institutional uses serving a regional area (LUB ). The public nature of activities within institutional zones makes them inappropriate for locating small-scale wind turbines. Small-Scale Wind Turbines 30

31 Part IV: Addressing Concerns through Land Use Bylaws xi) xii) Shoreland District (Future Shoreland S2, Coastal Shoreland CS, Seasonal Residential S1) The shoreland district includes Coastal Shoreland (CS), Future Shoreland (S2) and Seasonal Residential (S1) zones. The intention of these districts is to protect shoreline access and provide for seasonal and year-round cottage development. The MPS identifies several matters for consideration in the Shoreland District including the effect on existing development in terms of the social, visual, and natural character (MPS 3.5). Since wind turbines provide good opportunities for cottage owners to produce their own power, there is no conflict with land use if the character of the area can be protected. Relying on land use controls to protect character, subjecting small-scale wind turbines to the same height and setback provisions as dwellings in these zones ensures compliance with the objectives of the MPS. Parkland (P1) The parkland zone provides for the development of parks and recreational facilities in both the urban and rural contexts (LUB ). Due to the public use of the parkland zone, safety issues associated with small-scale wind turbines are of concern. xiii) Recreational Open Space (P2) The Recreational Open Space zone intends to provide for the development of recreational commercial uses requiring large tracts of land in rural and urban contexts (LUB ). Due to the public use of the parkland, safety issues currently restrict permitting small-scale wind turbines. xiv) Environmental Open Space (O1) Environmental Open Space zones prevent development on lands prone to flooding while protecting environmentally sensitive areas (dykelands, natural wildlife corridors and habitats, and erosive soils) from development (LUB ). The mudflats of the Minas Basin, comprising this zone, provide significant bird migration and feeding grounds. Smallscale wind turbines pose a potential risk in these areas, requiring further research to fully understand their impacts on wildlife and habitat. Existing zoning on these lands precludes structures such as turbines from being erected, thus avoiding any potential conflict. In continuing the goals of the MPS to protect these lands, the County should not permit turbines in these areas. xv) Water Supply (O2) Development is limited within Water Supply areas, thereby protecting the surface water from contamination (LUB ). This zone includes agriculture and forestry, uses which are compatible with small-scale wind turbines. No development is permitted if water quality is jeopardised (MPS ), assuring that any potential impacts of smallscale wind turbines are mitigated. Permitting small-scale turbines conditional to a supportive Environmental Impact Assessment being Small-Scale Wind Turbines 31