CITY OF TONKA BAY COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO

Transcription

1 CITY OF TONKA BAY COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER X, ZONING, SECTION 1011, GENERAL DEVELOPMENT AND PERFORMANCE STANDARDS WIND ENERGY CONVERSION SYSTEMS Section 1. THE CITY COUNCIL OF THE CITY OF TONKA BAY, MINNESOTA AMENDS SECTION 1011 BY ADDING THE FOLLOWING SECTION: WIND ENERGY CONVERSION SYSTEMS Subd. 1 Definitions Horizontal Axis Wind Turbine. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. Hub. The center of a wind generator rotor, which holds the blades in place and is attached to the shaft. Monopole Tower. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables or guy wires. Total Wind Turbine Height. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. Tower. A vertical structure that supports a wind turbine, constructed without guy wires. Vertical Axis Wind Turbine. A type of wind turbine where the main rotor shaft runs vertically. Wind Energy Conversion System (WECS). An electrical generating facility comprised of one (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 distributed into the electrical gird. Wind Turbine. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

2 Subd. 2 Purpose 1. Regulations governing wind energy conversion systems (WECS) are established to provide for appropriate locations for WECS to ensure compatibility with surrounding uses, and to promote safe and effective use of wind energy to increase opportunities for generation of renewable energy. The City of Tonka Bay finds that it is in the public interest to encourage the use and development of renewable energy systems that enhance energy conservation efforts, but result in limited adverse impacts on nearby properties. As such, the City supports the use of WECS. Subd. 3 General Regulations 1. Zoning District Allowance. Wind energy conversion systems (WECS) in accordance with the standards in this Chapter are allowed as a permitted accessory use in all zoning districts. 2. General Standards. The following standards shall be applicable to WECS in all zoning districts: a. Power generation. No WECS may exceed 100 kw nameplate generating capacity.

3 b. Mounting. Subject to the requirements of this Chapter, WECS may either be roofmounted or ground-mounted. For roof-mounted systems, the structure upon which the WECS is mounted shall have the structural integrity to carry the weight of the WECS. A statement certified by a registered architect or engineer verifying the structural integrity shall be submitted with the building permit application. c. Setbacks. At a minimum, ground-mounted and roof-mounted WECS must comply with required principal structure setbacks. Ground-mounted systems shall also be set back from all property lines a distance equal to the total wind turbine height. d. Rotor Clearance. No part of a WECS rotor blade shall be located within twelve (12) feet of the ground, the nearest tree canopy, structure or above-ground utility facility. e. Noise. Audible noise from WECS shall not exceed forty-five (45) db(a) when measured from the property line. All equipment must be maintained to prevent infrequent, disruptive, excessive or unusual noise such as grating, grinding, screeching, rattling or other noise. Noise and/or nuisance related issues resulting from the operation of a WECS may be abated consistent with Section 1130 (Nuisances) of the City Code. f. Lighting. WECS shall not have affixed or attached lights, reflectors, flashers, or any other illumination except for illumination devices required by FAA regulations part 77 Objects Affecting Navigable Air Space and FAA Advisory circular 70 / K Objects Marking and Lighting. g. Screening. Screening of WECS is not required. h. Aesthetics. All portions of the WECS shall be a non-reflective, non-obtrusive color, subject to the approval of the Zoning Administrator. The appearance of the turbine, tower, and any other related components shall be maintained throughout the life of the WECS pursuant to industry standards. Systems shall not be used for displaying any advertising. i. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. j. Safety. i. WECS shall meet minimum standards such as International Electrotechnical Commission (IEC) or the American Wind Energy Association s (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the City Building Official. ii. WECS shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the City. The City reserves the right to deny a building permit for proposed WECS deemed to have inadequate certification or testing for operation in a severe winter climate.

4 iii. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility. k. Abandonment. If a WECS remains non-functional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The property owner shall remove the abandoned system and restore vegetation upon the site at his/ her expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. l. Permits. i. A building permit shall be obtained for any WECS prior to installation. ii. All applications for WECS shall be accompanied by a detailed certified survey/ site plan drawn to scale and dimensioned, displaying the following information: 1. Lot lines and dimensions; 2. Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures. 3. Location and height of all buildings, structures, aboveground utilities and trees located on adjacent property of the exterior boundaries of the property in question; 4. An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots. 5. Existing and proposed setbacks of all structures located on the property in question. iii. WECS shall be subject to inspection by the City s Building Official every three (3) years and at the property owner s expense in accordance with the City s fee schedule. 3. Residential District Standards: a. Number. No more than one (1) wind turbine is permitted per parcel. b. Height. i. Ground mounted WECS shall conform to the maximum height requirements of the applicable residential zoning district and shall be measured from the base of the tower to the highest possible extension of the system apparatus. ii. Roof-mounted WECS may exceed the maximum height requirements of the applicable residential zoning district but shall not extend more than 6.5 feet above the highest point of the roof. iii. The height of a WECS must comply with FAA regulations part 77 Objects Affecting Navigable Air Space and/or MnDOT Rule 14, MCAR (Minnesota Administrative Rule Criteria for Determining Obstruction to Air Navigation ).

5 c. Location. Ground-mounted WECS shall not be installed in any yard area abutting a public street. WECS shall not encroach on public drainage, utility roadway or trail easements. d. Tower Design. Only monopole towers are permitted. e. Boat Lifts. WECS may not be located on any boat lift or dock. 4. Commercial, Manufacturing and Public/Semi-public District Standards: a. Number. No more than one (1) WECS is permitted per one hundred (100) feet of public street frontage. b. Height. i. Ground mounted WECS shall conform to the maximum height requirements of the applicable zoning district and shall be measured from the base of the tower to the highest possible extension of the system apparatus. ii. Roof-mounted WECS may exceed the maximum height requirements of the applicable residential zoning district but shall not extend more than 6.5 feet above the highest point of the roof. iii. The height of a WECS must comply with FAA regulations part 77 Objects Affecting Navigable Air Space and/or MnDOT Rule 14, MCAR (Minnesota Administrative Rule Criteria for Determining Obstruction to Air Navigation ). c. Location. Ground-mounted WECS shall not be installed in any yard area abutting a public street. WECS shall not encroach on public drainage, utility roadway or trail easements. d. Tower Design. Only monopole towers are permitted. e. Boat Lifts. WECS may not be located on any boat lift or dock. permitted in the R-1A District: a. Wind energy conversion systems, subject to the provisions of (Wind Energy permitted in the R-1B District: b. Wind energy conversion systems, subject to the provisions of (Wind Energy

6 permitted in the R-2A District: c. Wind energy conversion systems, subject to the provisions of (Wind Energy permitted in the R-3 District: d. Wind energy conversion systems, subject to the provisions of (Wind Energy Accessory Uses (Commercial District) permitted in the C-1 District: a. Wind energy conversion systems, subject to the provisions of (Wind Energy Accessory Uses (Commercial District) permitted in the C-2 District: b. Wind energy conversion systems, subject to the provisions of (Wind Energy Accessory Uses (Park District) permitted in the P District: c. Wind energy conversion systems, subject to the provisions of (Wind Energy