Abandonment means to discontinue use with no intentions of rehabilitation of use or reinstating use within the next 18 months.

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1 18.xx.010 Title. This chapter shall be known and may be cited as the Cowlitz County Small Wind Energy System Chapter. 18.xx.020 Purpose and Intent. Cowlitz County is committed to developing an alternative energy strategy to help applicants take advantage of renewable energy technologies. To help facilitate this goal, small wind energy systems and meteorological towers shall be considered an accessory use permitted in all unincorporated areas of the County located both within zoning districts and Comprehensive Plan land use designations where structures of any sort are allowed. The purpose of this chapter is to accommodate small wind energy systems, while protecting the public s health, safety and welfare. In addition, this chapter provides a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein. 18.xx.030 Applicability. This chapter will apply to all unincorporated Cowlitz County within both zoned and un-zoned areas. If proposed systems are not in compliance with the standards outlined herein, a Special Use permit per CCC will be required. 18.xx.040 Definitions: Abandonment means to discontinue use with no intentions of rehabilitation of use or reinstating use within the next 18 months. Accessory means a use, building or structure that is subordinate to and the use of which is incidental to that of the main activity, structure, building or use on the same lot or parcel. If an accessory use is attached to the main building by a common wall or roof, such accessory building shall be considered a main part of the main building. Alteration means any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification. "Alternative energy resource" means (a) Wind; (b) solar energy; (c) geothermal energy; (d) landfill gas; (e) wave or tidal action; (f) hydro or (g) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops not including wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic. AWEA means American Wind Energy Association. Combination System means more than one type of alternative power generation systems utilized at a single location. Department means the Cowlitz County Department of Building and Planning. Director means the Director of the Department of Building and Planning, or their designee. FAA means the Federal Aviation Administration Page 1

2 Guyed Tilt-up Towers means a tower that utilizes tubular sections (e.g. pipe, tubing) joined by couplers and supported by guy wires. In addition to the vertical portion and guy wires, each tower includes a gin pole, which is mounted at a right angle to the vertical tower sections. The gin pole serves as a lever arm for tilting the tower up and down by rotating along a pivot point at the tower base Guy-less Tilt-up Towers means a tower that utilizes a tubular section (e.g. pipe, tubing) in a self-supporting design (without guy wires). These towers typically utilize a gin pole, which is removable. Guyed Lattice (a.k.a. Guyed Truss) Towers means a tower that usually utilizes a narrow, 3-legged lattice structure supported on all three sides by guy wires. Height see system height. IBC means the International Building Code or as adopted via reference in the Cowlitz County Building Code Chapter Meteorological tower or met tower means a structure designed to support the gathering of wind energy resource data, and 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 resource at a given location. For the purpose of this chapter, met towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system. Normal Maintenance and Repair means those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition or to restore a development to a state comparable to its original condition within a reasonable period. Net metering means the difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer s small wind energy system that is fed back into the electric distribution system over a billing period. Power grid means the transmission system created to balance the supply and demand of electricity for consumers. Owner means the individual property owner or entity that intends to own and operate the small wind energy system in accordance with this chapter. Rated Nameplate Capacity means the maximum rated output of electric power production equipment. The manufacturer typically specifies this output with a nameplate on the equipment. Rotor diameter means the cross sectional dimension of the circle swept by the rotating blades. Page 2

3 Self-Supporting Lattice (a.k.a. Free-Standing Truss) Towers means towers utilize 3- or 4-legged lattice structures without guy wires Self-Supporting Monopole Towers means towers utilizing a tapered cylindrical structure; no guy wires are utilized. Climbing pegs may be provided optionally. Small Wind Energy System (SWES) means a wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, which has a rated capacity of not more than 10 kw and which is intended to primarily reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. System height means the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point. Tower means the monopole, guyed monopole or lattice structure that supports a wind generator. Tower height means the height above grade of the fixed portion of the tower, excluding the wind generator. Vertical-axis wind turbines (or VAWTs) means a turbine that has the main rotor shaft arranged vertically. The generator and gearbox may also be placed near the ground or on the tower. Wind turbine (generator) means blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity. 18.xx.050 Procedure for Review : A. Building Permit: 1. No small wind energy system shall be erected, constructed, or installed without first receiving a building permit from the Department. 2. A building permit shall be required for any physical alteration to an existing small wind energy system. 3. Met towers that receive a building permit shall be permitted on a temporary basis not to exceed 3 years from the date the building permit was issued. B. Application: 1. Master Application Form and/or other applicable forms provided by the Department. Page 3

4 2. Planning Clearance Standard Parcel Report. 3. Site Plan: a. Vicinity Map; b. Property lines and physical dimensions of the applicant s property; c.location, dimensions, and types of existing structures on the property; d. Location and dimension of wells and/or septic wastewater systems, if applicable; e. Location of the proposed SWES, foundations, guy anchors and associated equipment; f. SWES setbacks to property lines, structures on-site, septic system with primary and reserve drainfield areas, and wells; g. If proposal location is less than the system height setback as per this chapter, provide location, dimensions, and types of existing major structures on the neighboring properties affected and the proposed setback of the SWES to those structures; h. Public or private right-of-ways that may are contiguous with the property; i. Any overhead utility lines. C. Three (3) copies of standard drawings and an engineering analysis of the tower, showing compliance with the state building code, 32 Chapter RCW, Cowlitz County Building Code CCC and the International Building Code. A professional engineer licensed in the State of Washington shall certificate all standard drawings and engineering analysis. D. Three (3) copies of standard drawings and an engineering analysis of the tower foundation, showing compliance with the state building code, 32 Chapter RCW, Cowlitz County Building Code Chapter and the International Building Code. A professional engineer licensed in the State of Washington shall certificate all standard drawings and engineering analysis. E. For uncertified turbines, the turbine installer must have the turbine field evaluated by an independent electrical testing laboratory approved by the Department of Labor and Industries, or reviewed and approved by an independent electrical engineer approved by the Department of Labor and Industries. F. Documentation that the small wind energy system's turbine is certified by a national safety certification program recognized by the Department of Labor and Industries. G. A line drawing of the electrical components of the small wind energy system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (electrical permitting is conducted through Labor and Industries). H. SWES specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity. I. Structures shall be installed per manufacturers instructions. Installation manual shall be required at the time of applicant s submittal. J. Evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity Page 4

5 generator, unless the applicant does not plan to connect the small wind energy system to the electricity grid. K. A copy of the sound level analysis prepared by the wind generator manufacturer or qualified engineer. L. Evidence that the small wind energy system complies with all applicable federal aviation administration requirements, including any necessary approvals for installations close to airports. M. Copy of notarized acknowledgement from affected property owners if applicable. 18.xx.060 Standards: A. Private SWES shall only supply electrical power solely for the on-site owner s use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, the utility company may use excess electrical power generated and not presently needed for onsite use. Power shall not be used for commercial generation purposes. B. Private SWES may be permitted on parcels with a minimum of 21,750 square feet (.50 acres) or greater. C. Only one (1) SWES, related support structures and other associated improvements per tax lot or parcel except where tax lots or parcels are five acres or greater and are located within the zoned land use designation or the Comprehensive Plan land use designation of Rural Residential 5, Forestry Open Space, Forestry Recreation, Agriculture, Agriculture Industrial, and Agriculture-38 where up to three turbines may be permitted provided they are in compliance with all regulations within this chapter. D. Rooftop systems: 1. Are not restricted in number provided they are in compliance with this chapter and Cowlitz County building code requirements; 2. Are not restricted to lot size provided they are in compliance with this chapter and Cowlitz County building code requirements; 3. Must comply with manufacturer s standards and requirements; 4. Must be installed on structures that are engineered to accommodate the additional weight and stress of the turbine system; 5. May exceed the 35-foot total structure height limitation in zoned areas provided the system height is no greater than 15 feet above roofline. E. Setbacks: 1. Tower setbacks shall be measured a distance equal to the system height from the center of the tower base horizontally outward to all side and rear property lines. 2. A tower and/or associated structures shall be allowed no closer than 55 from centerline of the fronting private or public roadway or 25 from fronting property line whichever is greater. Exceptions: 1. Towers may be allowed closer to side and rear property lines provided: Page 5

6 a. A written, notarized narrative (signed site plans shall not be accepted), from the adjacent property owner who may be impacted by the SWES stating that they are in agreement with the reduced setback of the SWES, is on file with Building and Planning Department; and b. No part of the system, including the tower, turbine and guy wire anchors, is closer than thirty feet (30) to the property boundary. F. Tower: Tower height shall not exceed 100 feet. G. Clearance of Blade: No portion of the small wind energy system shall extend within twenty feet of the ground. H. Sound Level: Noise generated from a small wind energy system must comply with WAC Maximum Environmental Noise Levels, except during short-term events such as severe windstorms. I. Signs: All signs including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system and its associated structures, except for manufacturer identification or appropriate warning signs. J. Code Compliance: Building permit applications for residential wind systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings, and foundations as provided by the manufacturer. An engineering analysis of the tower and tower foundation, showing compliance with the state building code, 32 Chapter RCW, Cowlitz County Building Code Chapter and the International Building Code shall be required. A professional engineer licensed in the State of Washington shall certificate all standard drawings and engineering analysis. K. Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a one (1) line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. Electrical permitting shall be required through Washington State Labor and Industries. L. FAA Regulations: The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations including but not limited to 14 C.F.R. part 77, subpart B regarding installations close to airports. M. Visual Requirements: 1. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. 2. A SWES shall not be artificially lit unless the Federal Aviation Administration (FAA) requires such lighting. If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system. N. Utility Connection: If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to Cowlitz County Public Utility Page 6

7 District requirements. Documentation of the interconnection agreement with the Cowlitz County Public Utility District is required. O. Access: The tower shall be designed and installed so as not to provide accessibility to the public for a minimum height of 12 feet above the ground. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. P. Clearing: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system. All clearing, grading and/or removal of vegetation must comply with all other applicable county, state or federal laws, regulations, and/or policies. Q. Other Applicable Codes: Siting of a SWES shall comply with all other applicable Cowlitz County Code requirements, including, but not limited to, Cowlitz County Critical Areas Ordinance Chapter 19.15, Cowlitz County Floodplain Management Ordinance Chapter 16.05, and Cowlitz County Grading Ordinance Chapter xx.070 Abandonment : A. At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the Director in writing of the proposed date of abandonment or discontinuation of operations. B. Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Director. Physically remove shall include, but not be limited to: 1. Removal of the wind generator and tower and all related above-grade structures. 2. Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment. C. In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous 18-month period. After the 18-months of inoperability, the Director may notify the owner of the small wind energy system. The owner shall have the right to respond to the notification within 30 days from notice receipt date. After review of the information provided by the owner, the Director shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Director shall allow the continuation of the use. D. If the owner fails to respond to the notification or if, after review by the Director, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner s sole expense within 3 months of receipt of the notice. If the owner fails to physically remove the small wind energy system after Page 7

8 18.xx.080 Violation : the, the Director may pursue legal action to have the small wind energy system removed at the owner s expense. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter. Small wind energy systems installed prior to the adoption of this chapter are exempt from this chapter except when alterations are proposed to the small wind energy system. 18.xx.085 Penalties : 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 allowed by Cowlitz County Building Code Chapter and Cowlitz County Civil Enforcement Code Chapter xx.090 Severability. If any section, subsection, clause, phrase or word in this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate provision and such holding shall not affect the validity of the remaining portion of this chapter. Page 8

ORDINANCE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED, THAT:

ORDINANCE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA, IN COUNCIL DULY ASSEMBLED, THAT: Section 1: ORDINANCE AN ORDINANCE OF THE CITY OF NORTH MYRTLE BEACH PROVIDING THAT THE CODE OF ORDINANCES, CITY OF NORTH MYRTLE BEACH, SOUTH CAROLINA, BE AMENDED BY ADDING ARTICLE VII.1 TO CHAPTER 23.