HomeMy WebLinkAbout2009-08-03-Ordinance 2652_Wind Energy Conversion SystemsORDINANCE NO.2652
AN ORDINANCE TO AMEND CHAPTER 300,ZONING ORDINANCE,CITY OF
WAUKEE,IOWA,BY AMENDING SECTION 301.8 TO ADD PROVISIONS
REGULATING WIND ENERGY CONVERSION SYSTEMS
BE IT ORDAINED by the City Council of the City ofWaulcee:
Section 1.Chapter 300,Waukee Municipal Code,Zoning Ordinance of the City of
Waukee,Iowa,Section 301.8,General Regulations,is hereby amended by inserting the
following as Section 301.8(0):
O.Wind Energy Conversion Systems.
1.Purpose.The purpose of this section is to allow and encourage the
safe,effective and efficient use of small wind energy systems;
identify locations in areas of the City which would be least adversely
impacted by the visual,aesthetic,and safety implications of their
siting;and enhance the ability of the providers of wind energy
services to provide such services to the community quickly,
efficiently and effectively.
2.Definitions.]
A.Blade -An element of a wind turbine which acts as a part of
an airfoil assembly,thereby extracting through rotation,kinetic
energy directly from the wind.
B.Height,Total System-The height above grade of the wind
energy system,including the tower generating unit,and the
highest vertical extension of any blades or rotors.Height shall
be measured from the adjacent grade of the tower to the tip of
the turbine (blade)at its highest point.
C.Meteorological Equipment -Equipment primarily used to
measure wind speed and directions,inclnding other data
relevant to locating an operational wind energy conversion
system.
D.Qualified Professional-An individual certified by the
manufacturer of a wind energy conversion system as qualified
to install and/or maintain that manufacturer's wind energy
conversion system.
E.Rotor Diameter -The diameter of the circle described by the
moving rotor blades.
F.Shadow Flicker -Alternating changes in light intensity caused
by the moving blade of a wind power generator casting
shadows on the ground and stationary objects such as the I
window of a dwelling.
G.Tower -Vertical structure that supports the electrical .
generator,rotor blades,or meteorological equipment.Tower
shall be limited to a single pole that is constructed without the
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support of guy-wires.
H.Wind Turbine -A wind turbine is any piece of electrical
generating equipment that converts the kinetic energy of
blowing wind into electrical energy.
1.Wind Energy Conversion System -A system consisting of at
least one of the following:a wind turbine,a tower,and
associated control or conversion electronics,which is intended
to reduce on-site consumption of utility power,is incidental
and subordinate to a permitted use on the same parcel and has
a rated capacity of up to one hundred (100)kilowatts.Wind
Energy Conversion Systems shall not be permitted within any
R-l,R-2,R-4,R-5 or R-6 zoning district.No roof mounted
wind energy conversion system shall be allowed.
3.Accessory Use.A wind energy conversion system shall only be
allowed as an accessory use to a permitted principal use and shall
require approval of a site plan by the City Council upon
recommendation by the Planning and Zoning Commission prior to
construction,installation,alteration,or location of such structure.
The Planning and Zoning Connnission and City Council may review
a site plan at any time if an approved system does not comply with
the rules set forth in this section and the conditions imposed by the
City Council upon recommendation by the Planning and Zoning
Commission.The City Council upon recommendation of the
Planning and Zoning Commission may set additional terms or
timeframe for compliance for the wind energy conversion system.
The owner/operator of the wind energy system shall obtain all other
permits required by federal,state,and local agencies prior to
construction of the system.
4.Public Notification.Following review of the site plan request for
completion,the Director of Development Services shall set the
Planning and Zoning Commission meeting date.Notice will be sent
to the surrounding property owners within two hundred (200)feet of
the property having the site plan considered.Notice shall be sent not
less than seven (7)days and not more than twenty (20)days prior to
the Planning and Zoning Conunission meeting at which the site plan
is first considered.The notice shall contain the date,time and
location of the Planning and Zoning Commission Meeting and City
Council Meeting.
5.Site Plan Disapproval.In the case of a proposed site plan for a
wind energy conversion system,if the Planning and Zoning
Commission disapproves ofthe site plan,such site plan shall require
the favorable vote of at least four-fifths (4/5)of all of the members
of the City Council.
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6.Bulk Regulations.
A.Minimum Lot Size:
1.Two (2)acre minimum lot size required for any tower
mounted wind energy conversion systems.
B.Minimum Setback Requirements:
1.All wind energy conversion systems shall require a
setback of 110%of the total system height from any
property line.
C.Maximum Height:
1.Tower Mounted wind energy conversion systems:sixty
(60)feet
D.Number of Systems Allowed:
1.No more than one (1)wind energy system may be
placed on any parcel.
E.Location:
1.Tower mounted wind energy conversion systems shall
only be located outside of any minimum building
setback requirements.
2.No part of a wind energy conversion system shall be
located within or over drainage,utility or other
established easements,or on or over property lines.
3.A wind energy conversion system shall be in
compliance with the guidelines of the Federal Aviation
Administration (FA_A)regulations.
4.No wind energy conversion system shall be constructed
within twenty (20)feet laterally of an overhead
electrical power line (excluding secondary electrical
service lines or service drops).The setback from
underground electric distribution lines shall be at least
five (5)feet.
7.Minimum System Design Standards.The following standards are
required of all wind energy conversion systems and shall be deemed
to be conditions of approval for every wind energy system.
A.Color:The wind energy conversion system shall be white or
light gray in color.Other neutral colors may be allowed at the
discretion of the City Council upon recommendation of the
Planning and Zoning Commission.The surface of the structure
shall be non-reflective.
B.Lighting:No lights shall be installed on the tower,unless
required by the Federal Aviation Administration (FAA)
C.Signs:One sign,limited to four (4)square feet,shall be posted
at or near the base of the tower.The sign shall include a notice
of no trespassing,a warning of high voltage,and the phone
number of the property owner/operator to call in case of
emergency.Such sign shall be directly visible from any
extemal fencing and/or landscaping.Brand names or
advertising associated with any installation shall not be visible
from any public right-of-way.
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D.Clearance of Blade Above Gronnd:No portion of the tower
mounted wind energy conversion system shall extend within
thirty feet (30')of the ground.No blades may extend over
parking areas,driveways or sidewalks.
E.Installation:Installation must be done by a qualified
professional and according to manufacturer's
recommendations.
F.Noise:The wind energy conversion system shall not exceed
the requirements established in Chapter 228 of the Waukee
City Code.
G.Use of Electricity Generated:A wind energy conversion
system shall be used exclusively to supply electrical power for
onsite consumption,except that when a parcel on which a wind
energy conversion system is installed also receives electrical
power supplied by a utility company,excess electrical power
generated by the wind energy system and not presently needed
for onsite use may be used by the utility company in
accordance with Section 199,Chapter 15.11 (5)ofthe Iowa
Administrative Code.
H.Automatic Overspeed Controls:All wind energy conversion
systems shall be equipped with manual and automatic
overspeed controls to limit the blade rotation speed to within
the design limits of the wind energy conversion system.
1.Electromagnetic Interference:All blades shall be constructed
of a nonmetallic substance.No wind energy conversion system
shall be installed in any location where its proximity with
existing fixed broadcast,retransmission,or reception antenna
for radio,television,or wireless phone or other personal
communication systems would produce electromagnetic
interference with signal transmission or reception.No wind
energy conversion system shall be installed in any location
along the major axis of an existing microwave communications
link where its operation is likely to produce electromagnetic
interference in the link's operation.
J.Interconnectiun:The wind energy conversion system,if
interconnected to a utility system,shall meet the requirements
for interconnection and operation as set forth by the utility and
the Iowa Utilities Board.
K.Wind Access Easements:The enactment of this section does
not constitute the granting of an easement by the City.The
owner/operator shall provide covenants,easements,or similar
documentation to assure sufficient wind to operate the wind
energy conversion system unless adequate accessibility to the
wind is provided by the site.
L.Shadow Flicker:A shadow flicker model demonstrates that
shadow flicker shall not fall on,or in,any existing residential
structure.Shadow flicker expected to fall on a roadway or a
portion of a residentially zoned parcel may be acceptable if the
flicker does not exceed thirty (30)hours per year;and the
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flicker will fall more than one hundred feet (100')from an
existing residence;or the traffic volumes are less than five
hundred (500)vehicles on the roadway.The shadow flicker
model shall:
1.Map and describe within a one thousand foot (1,000')
radius of the proposed dispersed wind energy system
the topography,existing residences and location oftheir
windows,locations of other structures,wind speeds and
directions,existing vegetation and roadways.The
model shall represent the most probable scenarios of
wind constancy,sunshine constancy,and wind
directions and speed;
2.Calculate the locations of shadow flicker caused by the
proposed project and the expected durations of the
flicker at these locations,calculate the total number of
hours per year of flicker at all locations;
3.Identify problem areas where shadow flicker will
interfere with existing or future residences and
roadways and describe proposed mitigation measures,
including,but not limited to,a change in siting of the
wind energy conversion system,a change in the
operation of the wind energy conversion system,or
grading or landscaping mitigation measures.
M.Appearance:The property owner of any ,¥ind energy system
shall maintain such system in a safe and attractive manner,
including replacement of defective parts,painting,cleaning,
and other acts that may be required for the maintenance and
upkeep of the function and appearance of such a system.The
owner shall maintain the ground upon which the system is
located in an orderly manner,such that is free of debris,tall
grass and weeds,and any structures remain quality in
appearance.
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8.Application Process.All applicants who wish to locate a wind
energy system must submit to the City's Development Services
Department a plan including the following information:
A.Complete property dimensions.
B.Location and full dimensions of all buildings existing on
the property where the system is located,including exterior
dimensions,height of buildings,and all uses on the
property.
C.Location and distances of all buildings within two hundred
feet (200')of the property and uses on property.
D.Location and dimensions of any other natural or manmade
features within two hundred feet (200')ofthe property such
as trees,ridges,highways,streets,bridges and underpasses.
E.Location of all easements upon the property where the
system is to be located.
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F.Proposed location of tower,including height and setbacks
from property lines.
G.Drawings,to scale,of the structure,including the tower,
base,footings and guy-wires,if any,and electrical
components.The drawings and any necessary calculations
shall be certified by a licensed engineer as meeting the
requirements of the City of Waukee building codes.
H.Certification from a licensed engineer or qualified
professional that the rotor and over speed controls have
been designed for the proposed use on the proposed site.
1.Evidence that the proposed wind energy conversion system
model has an operational history of at least one year.
J.Evidence that the applicant has notified the utility that the
customer intends to install an interconnected customer
owned generator,and that the generator meets the
minimum requirements established by the utility and the
Iowa Utilities Board.Off grid systems shall be exempt
from this requirement.
K.Evidence that the wind energy conversion system does not
violate any covenants of record.
L.Evidence from a qualified professional that the site is
feasible for a wind energy conversion system,or that
covenants,easements and other assurances to document
sufficient wind to operate the wind energy conversion
system have been obtained.
M.Evidence that the proposed wind energy conversion system
will comply with applicable federal aviation regulations,
including any necessary approvals from the federal aviation
administration.
N.Evidence that the applicant can obtain and maintain
adequate liability insurance for the facility.
O.A noise study,if applicable.
P.A shadow flicker model,if applicable.
Q.Any other evidence or information as required by the
Planning and Zoning Commission and City Council.
9.Abandonment.Any wind energy system that is not operated for a
period of 180 consecutive days shall be considered abandoned and
shall constitute a nuisance.Within the next 180 days,after notice
from the City,the owner shall reactivate the tower or it shall be
dismantled and removed at the owner's expense.Removal of the
system includes the entire structure including foundations,
transmission equipment and fencing from the property.If the
abandoned wind energy system is not removed in the specified
amount of time,the City may remove it and recover its costs from
the wind energy conversion system owner or owner of the ground
upon which it is located.
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10.New Technologies.Should new tecimology present itself within
the term of any permit or lease that is more effective,efficient,and
economical,the permit holder may petition the City to allow the
upgrade,provided the upgrade does not alter the conditions set
forth in this chapter.I
II.Liability and Damages.The owner/operator of a wind energy
conversion system must demonstrate adequate liability insurance.
Upon the granting of a permit,applicant shall assume full
responsibility for any and all damages,claims,expenses,liabilities,
judgments and costs of any kind,inciuding reasonable attorney's
fees related to or caused by the erection,location,use,or removal
of a facility,whether on public or private property,and shall agree
to hold the City harmless,indemnify and defend it from all such
liabilities incurred or judgments entered against it as a result of the
erection,location,use or removal of the facility.
Engineer Certification.Applications for wind energy conversion
systems shall be accompanied by standard drawings of the wind
turbine structure,including the tower,base,and footings.An
engineering analysis of the tower showing compliance with the
applicable regulations and certified by a licensed professional
engineer shall also be submitted.For roof mounted structures,an
engineering analysis of the mounting method showing compliance
with all applicable regulations and certified by a licensed
professional engineer shall also be submitted.
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13.Utility Notification.A wind energy conversion system shall not
be installed until evidence has been given that the utility company
has been informed of the customer's intent to install an
interconnected customer-owned generator.
14.Inspections.At least every 24 months,every tower shall be
inspected by a qualified professional who is regularly involved in
the maintenance,inspection andlor erection of towers.At a
minimum,this inspection shall be conducted in accordance with
the tower inspection checklist provided in the Electronics
Industries Association (EIA)Standard 222,"Structural Standards
for Steel Anteuna Towers and Antenna Support Structures."A
copy of the inspection record shall be provided to the City of
Waukee.
Section 2.Renealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
)Section 3.Severability Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
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Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 3'd day of August 2009,and approved this yd day of August 2009.
Attest:
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