HomeMy Public PortalAbout140_040_GA_Model_Wind_Ordinance_March_2010 GEORGIA WIND WORKING GROUP
MODEL WIND ORDINANCE
FOR WIND ENERGY FACILITIES
IN [county or municipality]
A RESOLUTION OF THE MAYOR AND CITY COUNCIL/COUNTY COMMISSION/COUNTY
MANAGER OF THE CITY/COUNTY OF TBD, GEORGIA
ADOPTING THE CITY/COUNTY WIND ORDINANCE
WHEREAS, the [county or municipality] acknowledges that it is in the regional
public interest to produce electricity in a manner that serves the needs of the community
minimizing potentially negative impacts; and
WHEREAS, the [county or municipality] recognizes and accepts its
responsibility to implement and promote electricity production practices that protect
[county or municipality] natural and built environment; and
WHEREAS, the [county or municipality] finds that responsible wind power is a
growing national and existing international `infinitely renewable' source of power with multiple
levels of facility design possibilities; and
WHEREAS, the [county or municipality] has existing wind resources and
therefore has the responsibility to include wind power possibilities in its vision of energy
sources; and
WHEREAS, the [county or municipality] finds that responsible and educational
wind power construction can result in significant cost savings and or revenue to the
[county or municipality] over the life of the project as well as significant benefits
to the future health and well-being of our citizens;
NOW, THEREFORE, BE IT RESOLVED by the Mayor/County Manager and City
Council/County Commission, of [county or municipality, Georgia as follows:
Section 1. This ordinance reflects the [county or municipality's]
commitment to encouraging environmentally sensitive wind power project proposals on multiple
levels. The [county or municipality] local jurisdiction's comprehensive plan,
future land use map and applicable regulations (such as a Mountain Protection ordinance or the
Coastal Zone Management Act) will be used as a guide for each proposal.
Section 2. That the [county or municipality] Wind Ordinance may be
amended from time to time as directed by the City Council/County Commission.
1. TITLE
This ordinance shall be known as the Wind Energy Facility Ordinance for
[county or municipality]
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2. PURPOSE
The purpose of the Ordinance is to provide guidance for the regulation of the
construction and operation of Wind Energy Facilities in
[county or municipality], subject to reasonable conditions that will protect the
environment, public health, safety, and welfare.
3. DEFINITIONS
A. "Applicant" is the person or entity filing an application for a permit to install a
wind turbine under this Ordinance.
B. "Environmental Assessment" is a detailed examination of the applicant's
proposal and its potential local environmental context with an emphasis on
avoiding, minimizing, and mitigating adverse impacts.
C. "Facility Operator" is the entity responsible for the day-to-day operation and
maintenance of the Wind Energy Facility.
D. "Facility Owner" is the entity or entities having equity interest in the Wind
Energy Facility, including their respective successors and assigns.
E. "Mountain Protection Ordinance" a local ordinance passed for the purpose of
protecting steep slopes and/or view sheds as required by OCGA § 12-2-8
and accompanying regulations.
F. "Non-Participating Landowner" is any landowner not under an agreement with
the facility owner or Operator.
G. "Occupied Building" is a residence, school, hospital, church, public library or
other buildings used for public gathering that is occupied or in use when the
permit application is submitted.
H. "Participating Landowner" is a landowner under lease or other property
agreements with the Facility Owner or Operator pertaining to the Wind
Energy Facility.
I. "Shadow Flicker" is the visible flicker effect when rotating turbine blades cast
shadows on the ground and nearby structures causing the repeating pattern
of light and shadow.
J. "Wind Energy Facility" is an electric generating facility, whose main purpose
is to supply electricity, consisting of one or more Wind Turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures & facilities.
K. "Wind Energy Facility, Class I System" is a single system designed to
supplement other electricity sources as an accessory use to existing buildings
or facilities, wherein the power generated is used primarily for on-site
consumption. An example of a Class I system is a small wind energy
conversion system which is defined as a single wind turbine, a tower, and
associated control or conversion electronics, which has a total rated capacity
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of 20 kW or less. [Note: When passing this model ordinance, the local
jurisdiction may need to amend its zoning code's definition of"accessory use"
zoning code to include wind facilities.]
L. "Wind Energy Facility, Class II System" is a single system designed to
supplement other electricity sources as an accessory use to existing buildings
or facilities, wherein the power generated is used primarily for on-site
consumption. A Class II System is a small wind energy conversion system
consisting of a single wind turbine, a tower, and associated control or
conversion electronics, which has a total rated capacity of more than 20 kW
but no greater than 100 kW.
M. "Wind Energy Facility, Class III System" is a wind energy conversion system
consisting of one or more wind turbine(s), a tower(s), and associated control
or conversion electronics, which has a total rated capacity of more than 100
kW but not greater than 2 MW.
N. "Wind Energy Facility, Class IV System" is a wind energy conversion system
consisting of one or more than one wind turbine(s), a tower(s), and
associated control or conversion electronics, which has a total rated capacity
of more than 2 MW.
O. "Wind Power" is the conversion of wind energy into electricity.
P. "Wind Turbine" is a wind energy conversion system that converts wind energy
into electricity.
Q. "Wind Turbine Height" is the distance measured from grade at the center of
the tower to the highest point of the turbine rotor or tip of the turbine blade
when it reaches its highest elevation.
4. INSTALLATION AND DESIGN
A. The installation and design of the Wind Energy Facility shall conform to
applicable industry standards, including those of the American National
Standards Institute.
B. All electrical and mechanical components of the Wind Energy Facility shall
conform to relevant and applicable local, state and national codes.
C. The visual appearance of Wind Energy Facilities shall at a minimum:
a. Maintain a galvanized finish and be a non-obtrusive color such as white,
off-white or gray;
b. Not be artificially lighted, except to the extent required by the Federal
Aviation Administration or other applicable authority that regulates air
safety; or otherwise regulates lighting,
c. Not display advertising (including flags, streamers or decorative items),
except for identification of the turbine manufacturer, facility owner and
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operator. Size and design parameters shall be subject to approval during
Special Use Permit Process
5. SETBACKS [Note: Before passing this ordinance, a local government should determine
how these setbacks will interact with its existing zoning regulations.]
Minimum Setback Requirements
Wind Occupied Occupied Property
Energy Buildings on Buildings on Lines on Public/
Facility Participating Non- Non- Public Private
Type Landowner Participating Participating Roads3 Right-of-
Property Landowner Landowner Way2
Property Property
Class I and 0.0/1.1 —
II undecided. 1.5 1.1 1.1 1.5
To be
revisited
Class III 1.1 2.0 1.5 1.5 1.5
Class IV 1.1 2.5 1.5 1.5 1.5
NOTE: Turbine Height Restrictions are not included because they will be
determined in the public hearing approval process.
A. Setbacks are measured from the center of the wind turbine base to the
property line, public road, or nearest point on the foundation of an occupied
building. Setbacks are calculated by multiplying the required setback number
by the wind turbine height. (i.e. Setback (1.1) = 1.1 x ht. of Turbine). For
example an 100 foot turbine should be at least 110 feet away from any public
road line or to the edge of a building structure on the property or adjacent
property.
B. If a wind energy facility is sited on multiple properties, the lot size is the sum
of all participating landowners.
C. These setbacks are designed to reduce noise and shadow flicker impacts to
any previously existing occupied buildings on adjacent properties.
6. NOISE AND SHADOW FLICKER
A. Audible sound from a Wind Energy Facility shall not exceed fifty-five (55) dBA
at any time, as measured at the property line of a Non-Participating
Landowner.
B. Shadow flicker at any Occupied Building on a Non-Participating Landowner's
property caused by a Wind Turbine Facility located within 2,500 ft of the
Occupied Building existing at the time of initial operation of the facility shall
not exceed thirty (30) hours per year.
7. PERMIT REQUIREMENT
A, Permits are required for building, special use, and other 'action' based activity
tied to this ordinance. A Wind Energy Facility, or addition of a Wind Turbine to
an existing Wind Energy Facility, shall not be constructed unless a permit has
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been issued to the Facility Owner or Operator approving construction of the
facility under this Ordinance. Permit application of the expansion shall be
based on the total rated capacity, including existing facility but excluding like-
kind replacements of equipment.
B. Any physical modification to an existing and permitted Wind Energy Facility
that alters the size, type or number of Wind Turbines or other equipment shall
require a permit modification under this Ordinance.
C. All wind turbines shall be built in accordance with the manufacturer's
specifications.
Sample Permitted Use Table:
Wind Energy Zoning Districts
Facility
Agricultural Residential Commercial Industrial/
Manufacturing
Class I P P P P
Class II P S S P
Class III S S S S
Class IV S S S S
P — Permitted Use; Building Permit Required
S — Special Use Permit Required [Note: When passing this ordinance, a local
government may want to amend the special use provisions in the zoning code to note
that there is also a special use permit required for wind facilities.]
D. The permit application shall contain the following:
A narrative describing the proposed Wind Energy Facility,
including an overview of the project;
ii. The proposed total rated capacity of the Wind Energy Facility;
iii. The proposed number, representative types and height or range
of heights of wind turbines to be constructed; including their
generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities;
iv. Identification and location of the properties on which the proposed
Wind Energy Facility will be located;
v. A site plan showing the planned location of all wind turbines,
property lines, setback lines, access roads and turnout locations,
substation(s), electrical cabling from the Wind Energy Facility to
the substation(s), ancillary equipment, building(s), transmission
and distribution lines. The site plan must also include the location
of all structures and properties, demonstrating compliance of the
setbacks;
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vi. A narrative describing how the proposed project will address
compliance with any Mountain Protection Ordinance or any
equivalent coastal ordinance that has been adopted [county or
municipality].
vii. A narrative describing how the proposed project will address
compliance with the noise and shadow flicker requirements of this
ordinance for the life of the project. The narrative should include a
statement that the Wind Energy Facility will be maintained
according to the Facility manufacturer's recommendations if such
recommendations exist. The narrative should also describe how
the proposed project will address compliance with any Mountain
Protection Ordinance or any equivalent coastal ordinance that has
been adopted [county or municipality].
viii. Certification by the property owner of compliance with applicable
local, state and federal regulations, such as ESA, USCOE, FAA
and FCC regulations.
ix. An environmental assessment for Class III - IV Wind Energy
Facilities, will be provided to the local jurisdiction in order to show
that the proposed project meets any relevant Federal, State and
Local requirements.
x. Other relevant information as may be reasonably requested by
[county or municipality] to ensure compliance
with the requirements of this Ordinance, such as a topographical
survey.
xi. Decommissioning plans that describe the anticipated life of the
wind power project, the estimated decommissioning costs in
current dollars, the method for ensuring that funds will be available
for decommissioning and restoration of site property, and the
anticipated manner in which the wind power project will be
decommissioned and the site restored; and,
xii. Signature of the Applicant.
xiii. A fee of$ to cover administration of the permitting
program.
E. Throughout the permit process, the Applicant shall notify [county
or municipality]of any proposed changes to the information contained in the
permit application that would alter the impact of the project in writing within
business days [depending on county cycle] of the change to the plans.
F. City or county staff may administratively adopt changes to the approved
application that do not materially alter the initial site plan more than 10%.
8. DECOMISSIONING
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A. The Wind Energy Facility Owner, Operator and/or Participating Landowner
shall have 3 months to complete decommissioning of the Facility if no
electricity is generated for a continuous period of 12 months.
B. Decommissioning shall include removal of wind turbines, buildings, cabling,
electrical components, roads, and any other associated facilities. If other
uses are proposed for the decommissioned turbines, the Wind Facility
Owner, Operator or Participating Landowner must obtain an amended
Special Use Permit.
C. Disturbed earth shall be graded and re-seeded and subject to erosion and
sedimentation control state and local regulations.
9. SANCTIONS
A. Any person charged with a violation of any provision of this Ordinance and
found guilty, upon conviction by any court of competent jurisdiction, shall be
guilty of a misdemeanor punishable by a fine not more than one thousand
dollars ($1,000) or imprisonment of up to a year in jail and shall be enjoined
from continuing the violation. Each day that violations occur shall constitute a
separate offense.
10. SEVERABILITY
A. It is hereby declared to be the intention of [county
or municipality] that the sections, paragraphs, sentences, clauses and
phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section is declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance , since the same would
have been enacted by [county or
municipality] without incorporation in this Ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
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