Ch11.§9-2 · City of Nowthen public records

### A. Location and Height 1\. Accessory Use: Installation of one (1) WECS that does not exceed 45 feet in height may be allowed as a permitted accessory use in all zoning districts upon property that is a minimum of 2 1/2 acres in size subject to approval by the Zoning Administrator and approval of a building permit by the Building Official. 2\. Interim Use: Installation of one (1) or more WECS up to 120 feet in height may be allowed in all zoning districts subject to the regulations and requirements of this Chapter on property that is a minimum of five (5) acres in size, subject to approval by the Zoning Administrator and approval of a building permit by the Building Official. The City Council may impose conditions on the granting of a WECS interim use permit to carry out the purpose and provisions of this Chapter. B. Site Plan Drawing. All applications for a WECS interim use permit shall be accompanied by a detailed site survey drawn to scale and dimensioned, displaying the following information: 1\. Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors. 2\. Location and height of all adjacent buildings, structures, aboveground utilities and trees located within three hundred fifty feet (350') of the exterior boundaries of the property in question.   3\. Sketch elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots. 4\. Applications for an interim use permit under this Section shall include studies documenting sufficient access to unobstructed wind necessary for operation of the proposed turbine. C. Standards. 1\. Height. Height shall be determined by measuring from the base of the tower to the highest possible extension of the rotor. The height must comply with FAA regulations. 2\. Blade length. A maximum blade length of 15 feet is permitted. 3\. Rotor Clearance. Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius. 4\. Rotor Safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater). 5\. Installation. a. All towers used to support a WECS shall be certified by a structural engineer or manufacturer that the structure is capable of supporting the WECS. b. Roof mounted wind turbines or WECS installed on an existing structure shall require certification of a structural engineer that the existing structure is capable of supporting the WECS. 6\. Setbacks. The base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. No part of a WECS shall be located within or above any required front, side or rear yard setback. Wind energy systems shall only be permitted in the rear yard except by Interim Use Permit. 7\. Easements. Wind energy systems shall not be located within thirty (30) feet of any public drainage, utility, roadway or trail easements. 8\. Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines.   9\. Aesthetics. All portions of the wind energy system shall be a non- reflective, non-obtrusive color, subject to the approval of the City Council. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated. 10\. 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. ## D. Safety. ### 1. Standards and Certification a. Standards. Wind energy systems shall meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the Building Official or Zoning Administrator. b. Certification. Wind energy systems 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 Building Official or Zoning Administrator. The City reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate. C. Maintenance. Wind energy systems shall be maintained by property owners as approved under an agreement or contract by the manufacturer or other qualified entity. ### 2. Code Compliance. a. State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer. b. National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City. Each WECS shall   be grounded to protect against natural lightning strikes. 3\. Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. 4\. Tower Access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: a. Tower climbing apparatus shall not be located within twelve feet (12') of the ground. b. A locked anti-climb device shall be installed on the tower. C. Towers capable of being climbed shall be enclosed by a locked, protective fence at least eight feet (8') high. 5\. Signs. WECS shall have one sign, not to exceed two (2) square feet posted at the base of the tower and said sign shall contain the following information. a. Warning high voltage. b. Manufacturer's name. C. Emergency phone number. d. Emergency shutdown procedures. E. Abandonment. 1\. If the wind energy system remains nonfunctional 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 owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. 2\. An interim use permit allowing for installation of a WECS under this section shall terminate upon the occurrence of any of the following events, whichever occurs first: a. Operation or functioning of the WECS has ceased for a period of one (1) year.   b. The property on which the WECSA is located is subdivided and the resulting lot area is less than the minimum required acreage or the division results in setback requirements that no longer comply. F. Inspection: The City hereby reserves the right at any time following issuance of any WECS interim use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. G. Use of city-owned land for WECS. 1\. Priority of users. a. City of Nowthen b. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Nowthen and private entities with a public safety agreement with the city; C. Other governmental agencies, for uses which are not related to public safety; d. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services {PCS},specialized mobilized radio {SMR), enhanced specialized mobilized radio {ESMR}, paging, and similar services that are marketed to the general public or wireless telecommunication services. e. Entities providing alternative energy sources including WECS. 2\. Minimum requirements. a. The user must obtain a lease from the city, which shall take the following criteria into consideration: i. The WECS will not interfere with the purpose for which the city owned property is intended; ii. The WECS will have no adverse impact on surrounding private property; iii. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after   considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors; iv. The WECS will not interfere with other users who have a higher priority as discussed in subsection G1 above; V. Upon reasonable notice, the WECS may be required to be removed at the user's expense; vi. The applicant must reimburse the city for any costs which it incurs because of the presence of the applicant's WECS; and b. The user must obtain all necessary land use approvals, including an interim use permit from the city.

Ch.11 § 9-2

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