In any zoning district, a conditional use permit may be granted to allow wind energy conversion systems, including such devices as wind charger or wind turbine; subject to the regulations established in this section.
It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.
The following are defined for the specific use of this section.
1. Small Wind Energy System shall mean 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 to primarily reduce on-site consumption of utility power.
2. Tower Height shall mean the height above grade of the hub portion of the tower, excluding the wind turbine itself.
Small wind energy systems may be permitted as a conditional use within any district where the use is listed and allowed. Certain requirements as set forth below shall be met:
a. For property sizes between ˝ acre and one acre the tower height shall be limited to 80 feet.
b. For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations. See Figure 1.
No part of the wind system structure, including guy-wire anchors, may extend closer than 10 feet to the property lines of the installation site.
a. Small wind energy systems shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling unit.
b. The noise level may be exceeded during short term events such as utility outages and/or severe wind storms.
Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.
a. Applications for small wind energy systems shall be accomplished by standard drawings of the wind turbine structure, including the tower base, and footings.
b. An engineering analysis of the tower showing compliance with official building code of the governing body and/or the State of Nebraska certified by a professional engineer licensed and certified in Nebraska shall also be submitted.
c. The manufacturer frequently supplies this analysis.
d. Wet stamps shall not be required.
a. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
a. Permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
b. The manufacturer frequently supplies this analysis,
a. No small 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,
b. Off-grid systems shall be exempt from this requirement.
9. Permit fees: Applicant(s) shall remit and application fee of $100 per tower.
It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind energy systems within Antelope County.
The following are defined for the specific use of this section.
1. Aggregate Project shall mean projects that are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also part of the aggregated project.
2. Commercial WECS shall mean a wind energy conversion system of equal to or greater than 100 kW in total name plate generating capacity.
3. Fail Zone shall mean the area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.
4. Feeder Line shall mean any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the wind energy conversion system.
5. Meteorological Tower shall mean, for purposes of this regulation, a tower which is erected primarily to measure wind speed and directions plus other data relevant to citing a Wind Energy Conversion System. Meteorological towers do not include towers and equipment used by airports, the Nebraska Department of Roads, or other applications to monitor weather conditions
6. Public Conservation Lands shall mean land owned in fee title by State or Federal agencies and managed specifically for conservation purposes, including but not limited to State Wildlife Management Areas, State Parks, federal Wildlife Refuges and Waterfowl Production Areas. For purposes of this regulation, public conservation lands will also include lands owned in fee title by non-profit conservation organizations. Public conservation lands will also include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations.
7. Rotor Diameter shall mean the diameter of the circle described by the moving rotor blades shown in Figure 1.
8. Small Wind Energy System shall mean 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 to primarily reduce on-site consumption of utility power.
9. Substations shall mean any electrical facility to convert electricity produced by wind turbines to a voltage greater than 35,000 (35 kV) for interconnection with high voltage transmission lines.
10. Total Height shall mean the highest point, above ground level, reached by a rotor tip or any other part of the Wind Energy Conversion System.
11. Tower shall mean the vertical structures that support the electrical, rotor blades, or meteorological equipment.
12. Tower Height shall mean the total height of the Wind Energy Conversion System exclusive of the rotor blades.
13. Transmission Line shall mean the electrical power lines that carry voltages of at least 69,000 volts (69 kV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
14. Wind Energy Conversion System (WECS) shall mean an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
15. Wind Turbines shall mean any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind.
Commercial/Utility Grade wind energy systems shall be permitted as a Conditional use within any district where the use is listed and allowed. The following requirements and information shall be met and supplied:
1. The name(s) of project applicant.
2. The name of the project owner.
3. The legal description and address of the project.
4. A description of the project including; Number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the feeder lines.
5. Site layout, including the location of property lines, wind turbines, electrical grid, and all related accessory structures. This site layout shall include distances and be drawn to scale.
6. Certification by an Engineer competent in disciplines of WECS.
7. Documentation of land ownership or legal control of the property.
8. The latitude and longitude of individual wind turbines. Included in the submittal will be an area or zone in close proximity and meets setbacks.
9. A USGS topographical map, or map with similar data, of the property and surrounding area, including any other Wind Energy Conversion System not owned by the applicant, within 10 rotor distances of the proposed Wind Energy Conversion System.
10. Location of wetlands, scenic, and natural areas (including bluffs) within 1,320 feet of the proposed Wind Energy Conversion System (see table below)
11. An Acoustical Analysis that certifies that the noise requirements within this regulation can be met.
12. FAA permit.
13. Location of and evidence that there will be no interference with any commercial and/or public safety communication towers within two miles of the proposed Wind Energy Conversion System..
14. Decommissioning Plan as required by this regulation.
15. Description of potential impacts on nearby Wind Energy Conversion Systems and wind resources on adjacent properties not owned by the applicant.
1. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, public hearings, reviews and as appropriate approvals.
2. Permits may be issued and recorded separately.
3. Joint projects will be assessed fees as one project.
4. Setbacks to property lines, not road rights- of- way, may be less when adjoining property owners are within the same aggregate project.
All towers shall adhere to the setbacks established in the following table: see figure 2
|
|
Wind Turbine –Non Commercial |
WECS Wind Turbine –Commercial/Utility WECS |
Meteorological Towers |
|
Property Lines |
1.1 times the total height |
1.1 x length of a rotor blade |
1.1 times the total height. |
|
Neighboring Dwelling Units* |
|
1000 ft. |
1.1 times the total height |
|
Road Rights-of-Way** |
1.1 times the height |
1.1 x length of a rotor blade |
1.1 times the total height. |
|
Other Rights-of-Way |
1.1 times the height |
1.1 x length of a rotor blade |
1.1 times the total height |
|
Public Conservation Lands including Wildlife Management Areas and State Recreation Areas |
Same setback as accessory buildings |
1.1 x Length of a rotor blade plus 100 ft. |
600 ft. |
|
Wetlands, USFW Types III, IV, and V |
NA |
600 feet |
600 feet
|
|
Other structures not on the applicant’s site |
NA |
1.1 times the height. |
1.1 times the total height |
|
River Bluffs of over 15 feet |
|
Diameter of rotor |
|
The setback for dwelling units shall be reciprocal in that no dwelling unit shall be constructed within the same distance required for a commercial/utility Wind Energy Conversion System.
** The setback shall be measured from any future Rights-of-Way if a planned change or expanded right-of-Way is known.
All towers shall adhere to the following safety and design standards:
1. Clearance of rotor blades or airfoils must maintain a minimum of twenty-five (25) feet of clearance between their lowest point and the ground.
2. All Commercial/Utility WECS shall have a sign or signs posted on the tower, transformer and substation, warning of high voltage. Other signs shall be posted on the turbine with emergency contact information.
3. All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a tubular, monopole type tower.
4. Consideration shall be given to painted aviation warnings on all towers less than 200 feet. Color and finish: All wind turbines and towers that are part of a commercial/utility WECS shall be white, grey, or another non-obtrusive color. Blades may be black in order to facilitate decking; Finishes shall be matte or non-reflective.
5. Lighting:
Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA permits and regulations. Red strobe lights shall be used during nighttime illumination to reduce impacts on neighboring uses and migratory birds. Red pulsating incandescent lights should be avoided.
6. Other signage:
All other signage shall comply with the sign regulations found in these regulations.
7. Feeder Lines:
All communications and feeder lines installed as part of a WECS shall be buried, where feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.
8. Waste Disposal:
Solid and Hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal rules and regulations.
9. Discontinuation and Decommissioning:
A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Administrator outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be removed to four (4) feet below ground level within 180 days of the discontinuation of use. This period may be extended by the Board of Supervisors following a written request by an agent of the owner of the WECS.
Each Commercial/Utility WECS shall have a Decommissioning plan out lining the anticipated means and cost of removing WECS at the end of their serviceable life or upon being discontinued. The cost estimates shall be made by a competent party, such as a Professional Engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities.
10. Noise:
No Commercial/Utility WECS shall exceed 50 dBA at the nearest existing inhabited dwelling. Exception: a Commercial/Utility WECS may exceed 50 dBA during periods of severe weather as defined by the US Weather Service or during shut down or restart for normal maintenance.
11. Interference:
The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WECS. The applicant shall notify all communication tower operators within five miles of the proposed WECS location upon application to the county for permits.
12. Roads:
Applicants shall:
a. Identify all county, municipal or township roads to be used for the purpose of transporting WECS, substation parts, cement, and/or equipment for construction, operation or maintenance of the WECS and obtain applicable weight and size permits from the impacted jurisdictions prior to construction.
b. Conduct a pre-construction survey, in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public facility.
c. Be responsible for restoring the road(s) and bridges to preconstruction conditions.
13. Drainage System:
The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS.
14. Permit Fees:
Applicant(s) shall remit an application fee of $1000 per tower in the proposed WECS with a maximum limit of $10,000 per proposed wind farm site