TITLE 17. ZONINGTITLE 17. ZONING\Chapter 17.96 WIND ENERGY SYSTEMS

Small wind energy systems of not more than 100 KW shall be permitted within the city limits where structures of any sort are allowed by obtaining special permission of the Governing Body, provided that:

a.     Definition: A small wind energy system shall be defined as a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 KW and which is intended primarily to reduce on-site consumption of utility power.

b.    Set Backs: The wind system structure shall be set back a minimum of 110% of the maximum height of the structure (including turbine blades) from any property boundary of the installation site; in addition, no guy wire anchor may extend closer than ten (10) feet to the property boundaries of the installation site.

c.     Tower Height: For property sizes less than 1/2 acre, maximum tower height shall be subject to set-backs as provided in Article 2 and restrictions imposed by FAA regulations. For property sizes between 1/2 acre and one acre, the tower height shall be limited to 150 feet, subject to set-backs provided by FAA regulations. For property sizes of one acre or more, there is no limitation on tower height other than set-backs provided and restrictions imposed by FAA regulations.

d.    Noise: Small wind energy systems shall not exceed 60 decibels of sound measured at the property boundary of the installation site.

e.     Notification of Adjoining Property Owners: Applicants for a wind energy system shall notify all adjoining property owners within two hundred feet of the installation site of their intention to erect a wind energy system and shall file an affidavit of mailing said notice with the office of the City Clerk. The notice shall contain the time and date of the public hearing to be held before the Belleville Planning Commission and a detailed description of the wind energy system to be installed.

f.     Approved Wind Turbines: Small wind turbines must have been approved by a small wind certification program recognized by the American Wind Energy Association. A copy of the certification must accompany the permit application.

g.     The wind energy systems shall not cause interference to microwave communications or radio and television transmission or reception in the area. All blades shall be constructed of non-metallic substances.

h.    Compliance with FAA Regulations: Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to an airport. A copy of the FAA form 7460-1, Notice of Proposed Construction or Alteration, must accompany the permit application.

i.     Liability Insurance: Owners of small wind energy systems must carry liability insurance with a combined single limit of no less than $2,000,000 as evidenced by a Certificate of Insurance attached to the permit application. Each insurance policy shall contain a clause to the effect that the policy shall not be cancelled/reduced, restricted or limited at any time unless the City Clerk is given ten (10) days written notice. Failure to provide insurance may result in disconnection of the wind energy system from the utility company’s distribution system.

j.     Interconnection Agreement: No small wind energy system shall be installed until evidence has been given that the utility company has approved the customer’s request to install an interconnected customer-owned generator.

k.    Removal of Wind Energy System: Any wind energy system which is inoperable or unused for a period of one year shall be removed at the owner’s expense.

(Ord. 906; Code 2016)

Before issuance of any special permit for any of the above buildings or uses, the Governing Body shall refer the proposed application to the Planning Commission, which Commission shall be given thirty (60) days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the public health, public safety, and general welfare. No action shall be taken upon any application for a proposed building or use referred to above, until and unless the report of the Planning Commission has been filed; provided, however, if no report is received from the Commission within thirty (60) days, it shall be assumed that approval of the application has not been given by said Commission.

(Ord. 906; Code 2016)