§ 9. Wind energy systems

9.1 Definitions.

ANSI means the American National Standards Institute.

dB(A) means the sound pressure level in decibels. Refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

Decibel means the unit of measurement used to express the magnitude of sound pressure and sound intensity.

Sound pressure means the average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

Sound pressure level means the sound pressure mapped to a logarithmic scale and reported in decibels (dB).

Tower height shall mean the height of the tower, including the base, wind turbine and blades.

Turbine shall mean the parts of a wind energy system including the blades, generator and tail.

Utility grid wind energy system shall mean a wind energy system designed and built to provide electricity to the electric utility grid.

Wind energy system or system shall mean a wind energy conversion system that converts wind energy into electricity through the use and consisting of a wind turbine, a tower, and associated control or conversion electronics, that has a rated capacity of not more than 20 kw for residential systems and not more than 100 kw for commercial systems and is intended for on-site production and consumption of electricity to serve the needs of the consumer.

9.2 General regulations. Wind energy systems meeting the following general regulations shall be permitted by right within any zoning district. Wind energy systems that fail to meet the following standards may be permitted by special use permit. The procedures for consideration of an application for a special use permit shall be as specified in article 3, section 11 of the city's zoning ordinance. Pre-existing wind energy systems lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein.

(a) Utility grid wind energy systems. Utility grid wind energy systems are prohibited within the city.

(b) Construction standards. A wind energy system must be installed according to the manufacturer's recommendations and under the seal of a professional engineer registered in the State of Texas. Additionally, all components of a wind energy system shall comply with applicable state and local building codes. Only wind energy systems utilizing monopole towers shall be permitted. No systems utilizing lattice towers or requiring guy wires shall be permitted in the city.

(c) Maximum height. Wind energy systems shall not exceed 64 feet in tower height (inclusive of the turbine and blades) in all zoning classifications where structures of any sort are allowed, subject to the regulations set forth in this section.

(d) Location and setback.

(1) A wind energy system shall only be permitted on lots that are two acres or greater in size (87,120 square feet).

(2) No wind energy system shall be permitted in the front yard, which is defined as the space between the street and the front building face of the primary structure. This provision shall include a side yard adjacent to the street on a corner lot.

(3) The tower structure of a wind energy system shall be set back from all property lines a minimum distance equal to one and one-fourth times the height of the tower.

(4) Location and setback requirements, including minimum lot size shall be maintained so long as the wind energy system is in place. If a tower ceases to meet these criteria due to subsequent subdivision of land, the wind energy system is in violation of this ordinance.

(e) Primary structure required on lot. A wind energy system may be constructed or installed on a lot as a secondary structure only after a primary structure has been constructed on the lot.

(f) Sound pressure levels. Sound pressure levels shall not exceed 50 decibels (dBA) between 7:00 a.m. and 10:00 p.m. and 35 decibels (dBA) between the hours of 10:00 p.m. and 7:00 a.m. as measured from the properly line closest to the wind energy system.

(g) Lights. All lighting, including but not limited to, upward lighting, flood lights, or lighting mounted on the structure itself, shall be prohibited unless such lighting is required by the Federal Aviation Administration (FAA). When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency.

(h) Signs. No advertising or other signs or flags shall be allowed on a wind energy system.

(i) Prohibited in easements. No portion of a wind energy system shall be placed in easements unless authorized by the easement holder.

(j) Notice to utility company on grid-interconnected systems. No grid-interconnected wind energy system shall be installed until the customer provides the building official evidence that the appropriate utility company has been informed of the customer's intent to install. Off-grid systems shall be exempt from this requirement.

(k) Color. Wind energy system towers shall be a neutral color (i.e. light grey, white) and shall remain painted or finished the color and/or finish that was originally applied by the manufacturer, unless otherwise approved in the special use permit.

(l) City building codes/safety standards. To ensure the structural integrity of a wind energy system, the owner of such system must ensure that it is maintained in compliance with all provisions of the City of Sachse's building codes and zoning regulations. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the wind energy system, the owner shall have 60 days to bring the wind energy system into compliance or be found in violation of this ordinance and be subject to the fines provided herein.

(m) Collocation. Collocation of any kind shall be prohibited. Wind energy system towers shall not be utilized for any purpose other than that specified by the manufacturer.

(n) Maintenance and abandonment.

(1) The wind turbines shall be maintained at all times according to the manufacturer's specifications.

(2) A wind turbine that has become unstable leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the building official to the owner of the lot upon which the wind turbine is located. The building official may order immediate repairs or removal in the event of imminent collapse.

(3) If the owner of the wind turbines plans to abandon or discontinue, or is required to discontinue the operation of the system, the owner shall notify the building official by certified U.S. Mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation.

i. In the event that an owner fails to give such notice, the wind turbine shall be considered abandoned if the turbine is not operated for a continuous period of 12 months.

ii. Upon abandonment or discontinuation of use, the property owner shall physically remove the wind turbine within 90 days from the date of abandonment or discontinuation of use. "Physically remove" includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the system and transportation of such components to an appropriate disposal site.

9.3 Building permit required. A building permit must be obtained prior to the construction or installation of a wind energy system. An application for building permit must be accompanied by:

(a) The appropriate permit fee as established by the city;

(b) A site plan of the proposed wind energy system at a scale of 1″ = 30′. The submittal of the site plan should consist of three 24″ × 36″ sheets and one 11″ × 17″ sheet and include:

(1) A survey and legal description of the subject property.

(2) A plan view layout of the proposed wind energy system clearly showing the following:

i. The location of the system.

ii. All components of the system.

iii. Distances to property lines.

iv. Required setbacks.

v. Adjacent land uses and zoning designations.

vi. Existing structures on the site.

vii. Natural features such as watercourses and trees.

(c) Elevation drawings showing:

(1) The design and height of the proposed wind energy system; and

(2) Detailed drawings of all system components.

(d) A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the International Building Code and National Electric Code. This information is frequently supplied by the manufacturer.

(1) Standard installation drawing of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer registered in the State of Texas shall also be submitted.

(2) Evidence of notice to the utility company as provided in section 9.2(j).

(Ord. No. 3206, § 1, 4-19-10)