[Ord. No. 1211 §1, 2-1-2010]
The Chapter provides for the construction and operation of wind
energy facilities, commercial wind turbines, small wind turbines and
solar energy systems in the City of Pevely, subject to reasonable
conditions that will protect the public health, safety and welfare.
[Ord. No. 1211 §1, 2-1-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
A commercial wind energy conversion system which converts
wind energy into electricity through the use of a wind-driven turbine
generator and when the generator is greater than ten (10) kW.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
A meteorological tower used for the measurement of wind speed.
The individual or entity that intends to own and/or operate
a wind turbine or wind energy facility.
A wind energy conversion system which converts wind energy
into electricity through the use of a wind-driven turbine generator
when the generator is ten (10) kW or less.
Any device or combination of devices or elements which rely
upon direct sunlight as an energy source including, but not limited
to, any substance or device which collects sunlight for use in:
The heating or cooling of a structure or building;
The heating or pumping of water;
Commercial, industrial or agricultural processes; or
The generation of electricity.
|
A solar energy system may be used for purposes in addition to
the collection of solar energy. These uses include, but are not limited
to, serving as a structural member or part of a roof of a building
or structure and serving as a window or wall.
|
The distance measured from the ground to the blade of a wind
turbine extended at its highest point.
An electricity generating facility, whose main purpose is
to supply electricity, consisting of one (1) or more wind turbines
and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities.
A wind energy conversation system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower and pad transformed, if any.
[Ord. No. 1211 §1, 2-1-2010]
Wind energy facility, commercial wind turbines, small wind turbines
and solar energy systems are permitted in all zoning categories as
a special use.
[Ord. No. 1211 §1, 2-1-2010]
A.
Wind energy facility, commercial wind turbines, small wind turbines and solar energy systems must follow the procedure in Section 405.510 of the City Code pertaining to a Special Use Permit. Along with the special use permit application, a plot plan must be submitted including the following, if applicable, depending on the type of wind energy system being constructed:
1.
Property lines and physical dimensions of the property;
2.
Location of underground utilities;
3.
Location, dimensions and types of existing major structures on the
property;
4.
Location of the proposed wind system tower or solar energy system;
5.
The right-of-way of any public road that is contiguous with the property;
6.
Any overhead utility lines;
7.
Wind or solar energy system specifications including, if applicable,
manufacturer and model, rotor diameter, tower height, tower type (freestanding
or guyed), a description of potential impact on nearby properties,
including range of noise levels expected;
8.
Tower foundation blueprints or drawings;
9.
Tower blueprint or drawing;
10.
Wiring diagram;
11.
Proposed decommission plan; and
[Ord. No. 1211 §1, 2-1-2010]
A.
The
special use permit application fee for wind energy facilities, commercial
wind turbines, small wind turbines and solar energy systems shall
be one hundred dollars ($100.00).
B.
The
building permit application fee for wind energy facilities, commercial
wind turbines, small wind turbines and solar energy systems shall
be as follows:
|
|
Fee for wind energy facility
|
$1,000.00
|
|
|
Fee for commercial wind turbine
|
$1,000.00
|
|
|
Fee for small wind turbine
|
$500.00
|
|
|
Fee for solar energy system
|
$500.00
|
[Ord. No. 1211 §1, 2-1-2010]
The requirements of this Chapter shall apply to all wind turbines
and solar energy systems for which a permit was not issued prior to
the effective date of this Chapter. Wind turbines and solar energy
systems for which a required permit has been properly issued or for
which a permit was not required, prior to the effective date of this
Chapter, shall not be required to meet the requirements of this Chapter.
However, any such pre-existing wind turbine or solar energy system
which does not provide energy for a continuous period of twelve (12)
months shall meet the requirements of this Chapter prior to recommencing
production of energy.
[Ord. No. 1211 §1, 2-1-2010]
A.
Wind
turbines and solar energy systems shall be painted a non-reflective,
non-obtrusive color which shall be preapproved through the special
use process.
B.
At
wind energy facility sites, the design of the buildings and related
structures shall, to the extent reasonably possible, use materials,
colors, textures, screening and landscaping that will blend the wind
energy facility to the natural setting and the existing environment.
C.
Wind
energy facilities shall not be artificially lighted, except to the
extent required by the FAA or other applicable authority.
D.
Wind
turbines and solar energy systems shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operator of the wind or solar energy facility. Any such identification
shall not appear on the blades or other moving parts or exceed six
(6) square feet per wind turbine.
E.
All
electrical wires associated with a wind or solar energy facility,
other than wires necessary to connect the wind generator to the tower
wiring, the tower wiring to the disconnect junction box and the grounding
wires, shall be located underground.
F.
All
wind generating devices shall be installed in compliance with the
National Electrical Code, NEC 2008 or per the manufacturer's guidelines
and the Missouri Power Line Safety Act.
G.
The
Building Inspector may require the stamp of an appropriate certified
engineer for structures that he/she shall determine necessary.
H.
Setbacks. No windmill or solar energy system shall be constructed
in any front or side yard area. All other setback requirements shall
apply to commercial wind turbines, small wind turbines and solar energy
systems as follows:
1.
Public roads. Each wind turbine and solar energy
systems shall be set back from the nearest public road and its right-of-way
a distance of no less than one and one-half (1½) times its
total height.
2.
Railroads. Each wind turbine and solar energy system
shall be set back from all railroads and their right-of-way a distance
of no less than one and one-half (1½) times its total height.
3.
Wind turbine and solar energy systems spacing. Each
wind turbine and solar energy systems shall have a separation distance
from other wind turbines and solar energy systems equal to one and
one-half (1½) times the total height of the tallest wind turbine
and solar energy systems.
4.
Communication and electrical lines. Each wind turbine
and solar energy system shall be set back from the nearest above ground
public electric power line or telephone line a distance no less than
one and one-half (1½) times its total height.
5.
Buffer zone. A buffer zone may be required depending
on the location of the wind turbine and solar energy system. The buffer
zones can be determined during the special use process.
6.
There shall be no excess noise, vibration, glare, heat or electrical
interference and not excessive strain on City service. Noise levels
shall follow EPA Guidelines, creating less than fifty-five (55) db
at the property line.
I.
Noise, Electrical And Visual Interference. Setback requirements
notwithstanding, no windmill shall be located as to generate excessive
noise and/or electrical interference, e.g. radio and television reception
on neighboring premises. The facility owner and operator shall make
reasonable efforts to minimize shadow flicker to any occupied building
on a non-participating landowner's property.
If such interference or excessive noise is created, the Building
Inspector, after examination of the complaint, shall be authorized
to order cessation of operation of the device. The Board of Aldermen
shall, thereupon, set a date for a duly authorized public hearing.
The Board of Aldermen shall be empowered to order appropriate permanent
corrective action or order the permanent cessation of the device.
J.
Utility Notification. No wind energy system shall 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. Off-grid systems shall be exempt from this requirement.
[Ord. No. 1211 §1, 2-1-2010]
Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems that are out-of-service for a continuous six (6) months will be deemed to have been abandoned and a dangerous building pursuant to Chapter 505. Once a windmill is designated as abandoned, the owner shall be required to immediately dismantle the installation.
[Ord. No. 1211 §1, 2-1-2010]
Whenever in this Chapter any act is prohibited or is declared to be unlawful or an offense or misdemeanor, upon conviction of a violation of any such provision of this Chapter, the violator shall be punished in accordance with Section 100.220.
