§ 408.040. Micro-Wind Turbines (MWT)., Chapter 408. Supplemental Standards, Unified Development Code, Code of Ordinances, Blue Springs

Intent. In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the City finds that these regulations are necessary in order to ensure that Micro-Wind Turbines (MWTs) and subsequent Wind Energy Conversion Systems (WECS) are appropriately designed, sited and installed.

Purpose. The purpose of this Section is to provide a regulatory scheme for the construction and operation of MWTs, providing electricity up to ten (10) kilowatts, subject to reasonable restrictions, which will preserve the public health and safety and minimize the visual, environmental and operational impacts of MWTs on the City and its residents.

Findings. The City finds that wind energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on non-renewable energy resources and decrease air pollution that results from the use of conventional energy sources. MWTs also enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the State's energy supply portfolio.

Required Submittal Information. The following information may be additionally required with any CUP application that includes a MWT.

Standard engineering drawings of the MWT structure, including the tower, base and footings. Engineering drawings of access roads. An engineering analysis and certification of the tower showing compliance with all local, State and Federal laws, standards and regulations and the applicable building code(s).

Data pertaining to the tower's safety and stability, including safety results from test facilities.

For any individual MWT tower a project visibility map and photo-simulation shall be required. The visibility map and photo-simulation should be based on a digital elevation model or digital simulation showing the impact of topography and manmade features upon visibility of the project from each of the four (4) compass points to a radius of not less than two thousand (2,000) feet from the center of the project. The base map used for the project visibility map shall be a published topographic map showing manmade features such as roads and buildings. Additional radius distances or perspectives may be requested by community development if deemed appropriate.

A survey map at an appropriate scale showing the proposed location of the MWT (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals or libraries to a distance of two thousand (2,000) feet.

A description of compliance with all applicable Federal, State or local laws and regulations, including Section 386.890, RSMo., and 4 CSR 240-20.065, if applicable, and including all provisions within this Zoning Chapter.

A description of the safety precautions provided in order to ensure that the structure will not be detrimental to adjacent properties in the case of high winds and/or if the unit fails.

A copy of the warranty deed and any lease or leases for the property on which the MWT facility is to be located.

An accurate wind directional map provided by an expert in such matters such as a meteorologist.

Turbine information on the type, model, size, height, rotor material, rated power output, performance, safety and noise characteristics of each wind turbine being proposed, tower and electrical transmission equipment.

10.

Additional information may be required as deemed necessary and appropriate by City staff.

Safety Regulations And Standards.

The minimum distance between the ground and any part of the rotor blade system shall be fifteen (15) feet.

To limit unauthorized access:

A fence six (6) feet high with a locking portal shall be placed around the facility's tower base; or

The tower climbing apparatus shall be limited to no lower than fifteen (15) feet from the ground; wind turbine towers shall not be climbable up to fifteen (15) feet above ground level.

All access doors to the MWT and electrical equipment shall be lockable.

Signs shall be limited to the manufacturer's or installer's identification and appropriate warning signs (e.g., electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment and the wind turbine. Commercial advertising is strictly prohibited.

Lighting shall be the minimum necessary for safety and security purposes and techniques shall be used to prevent casting glare from the site, except as otherwise required by the Federal Aviation Administration (FAA) or other applicable authority. Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

Safety Shutdown. Each MWT shall be equipped with both manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, furling or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

Prior to issuance of a building permit, the applicant shall provide proof of a level of insurance in the minimum amount required by State law, the Customer-Generator Liability Insurance Obligation Section of 4 CSR 240-20.065 or other applicable provisions of the Code of State Regulations to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. Said insurance shall remain in place every year that the MWT is in place or operation.

Any wind energy system found to be unsafe by the Community Development Director or their designate shall be repaired by the owner to meet Federal, State and local safety standards and regulations or it shall be removed within six (6) months. If any wind energy system is not operated for a continuous period of twelve (12) months, the City of Blue Springs will notify the landowner by registered mail and provide forty-five (45) days for a response. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the City deems the timetable for corrective action as unreasonable, the City shall notify the landowner and such landowner shall remove the turbine within thirty (30) days of receipt of notice from the City.

Building Codes Safety Standards. Prior to the issuance of a building permit to construct a facility, the owner/applicant or operator/applicant shall provide the City with all required licenses and certifications from Federal, State and County agencies if needed. To ensure the structural integrity of towers, the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. In addition, if the wind energy system is interconnected and operates in parallel phase and synchronization with a retail electric supplier, all applicable safety, performance, interconnection and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories and the Federal Energy Regulatory Commission shall be met.

10.

Utility Connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

11.

Electrical Wires. All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires.

12.

Noise. The noise emitted from any wind turbine shall not exceed fifty-five (55) dBa, as measured at the nearest property line, except during short-term events such as utility outages and severe windstorms.

13.

Color/finish. Wind turbines, exclusive of the towers, shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community. Towers shall maintain galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise.

14.

The appearance of all towers and MWTs shall be maintained in a manner that is consistent with the originally approved colors and finishes.

15.

Minimum Setbacks. A wind turbine shall be set back one hundred ten percent (110%) of the wind turbine height from the nearest property line of the property on which it is located. Setback requirements shall be measured from the base of the tower to the perimeter of the property (property line) on which it is located and shall meet or exceed the setbacks of the applicable zoning district. The same setback is required from overhead transmission lines. In addition the wind turbine shall be set back a minimum of four hundred (400) feet from any residential structure, which shall be measured from the base of the tower to the nearest residential structure. The equipment or associated equipment structure shall meet the minimum setbacks required for an accessory building.

Violations. It shall be unlawful to violate or fail to perform any of the required provisions of this Section. Each day that a violation continues shall be considered a separate offense. In addition, the violation of any provision of this Section 408.040 may be deemed grounds for removal of the MWT and the City may seek any other remedy or damages to the full extent of the law.