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22-1
This section shall be known as the "Small Wind Energy Ordinance of Nelson County, Virginia." (Ord. No. O2009-12, § 1, 11-10-09)
22-2
It is the purpose of this ordinance to promote the safe, effective and efficient use of small wind energy systems for electrical generation. (Ord. No. O2009-12, § 1, 11-10-09)
22-3
Building-mounted small wind energy system: A small wind energy system that is directly installed on a building or its roof. Building-mounted small wind energy system height: The height of the small wind energy system above the point of attachment to the building or above the roof deck where the system is placed. Building-mounted small wind energy system height, extended: The vertical distance from the point of attachment to the building or roof deck where the system is placed to the tip of the wind turbine blade when it is at its highest point. Flicker: The moving shadow created by the sun shining on the rotating blades of the wind turbine. Shadow: The outline created on the surrounding area by the sun shining on the small wind energy system. Small wind energy system: A wind energy conversion system consisting of a wind turbine and associated control or conversion electronics which has a rated capacity of not more than twenty (20) kW and which is intended to primarily reduce on-site consumption of utility power. Tower: The monopole or lattice structure that supports a wind turbine. Tower height: The height above grade of the fixed portion of the tower, excluding the wind turbine itself. Tower height, extended: The vertical distance from ground level to the tip of the wind turbine blade when it is at its highest point. Tower, lattice: A self-supporting three-sided or four-sided, open steel frame tower used to support a wind turbine. Wind turbine: The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity. (Ord. No. O2009-12, § 1, 11-10-09)
22-4
A small wind energy system shall be permitted in all zoning districts, subject to certain requirements as set forth below: (1) Number of small wind energy systems permitted by right: (a) Parcels less than one (1) acre in size: One (1) building-mounted small wind energy system. (b) Parcels one (1) acre or greater in size: One (1) permitted. Special Use Permit required for additional system(s). (2) Height: The maximum height of a small wind energy system shall be: (a) Parcels one (1) to two (2) acres in size: Maximum tower height forty-five (45) feet. (b) Parcels greater than two (2) acres and less than five (5) acres in size: Maximum tower height sixty (60) feet. (c) Parcels five (5) acres or greater in size: Maximum tower height one hundred (100) feet. (d) Building-mounted small wind energy system: Maximum height fifteen (15) feet above point of attachment to the building or above the roof deck where the system is placed. (3) Setback: A small wind energy system shall be set back a minimum distance equal to one hundred ten (110) percent of the extended tower height or the building-mounted extended height from property lines, public and private roads, and overhead utility lines. (4) Electrical interconnections: All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements. (5) Signal interference: No small wind energy system shall cause interference with television or other communication signals. (6) Shadowing/flicker: Small wind energy systems shall be sited in a manner that does not result in significant shadowing or flicker impact on adjoining properties. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses. (7) Signs: All signs, both temporary and permanent, are prohibited on the small wind energy system, except as follows: (a) Manufacturer's or installer's identification on the wind turbine. (b) Appropriate warning signs and placards. (8) Visual impacts: It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access the wind resources. The purpose of this section is to reduce the visual impacts, without restricting the owner's access to the wind resources. (a) The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, turbine design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground. (b) The color of the small wind energy system shall be a nonreflective, unobtrusive color that blends in with the surrounding environment. (c) A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system. (9) Access: (a) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. (b) The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of twelve (12) feet above the ground. (10) Code compliance: A building permit is required for all small wind energy systems. Building permit applications for a small wind energy system shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower and a structural analysis for a building-mounted system showing compliance with the Virginia Uniform Statewide Building Code and certified by a licensed professional engineer shall also be submitted. The applicant shall provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements set forth in 20 VAC 5-315-60 (Virginia Administrative Code). (Ord. No. O2009-12, § 1, 11-10-09; Ord. No. O2010-09, § 1, 9-14-10)
22-5
Small wind energy systems shall comply with Chapter 8, Article II, Noise Control, of the Nelson County Code. (Ord. No. O2009-12, § 1, 11-10-09)
22-6
No interconnected customer-owned wind generator shall be installed until evidence has been given that the utility company has been informed of the customer's intent. Off-grid systems shall be exempt from this requirement. (Ord. No. O2009-12, § 1, 11-10-09)
22-7
(1) Zoning permit. A zoning permit approved by the Planning and Zoning Director shall be required for the installation of a small wind energy system. (2) Documents. The zoning permit application shall be accompanied by a plat which includes the following: (a) Property lines, physical dimensions, and acreage of the property. (b) Location, dimensions, and types of existing major structures on the property. (c) Location of the proposed wind system tower. (d) The right-of-way of any public and private road that is contiguous with or crossing the property. (e) Any overhead utility lines. (f) Wind system specifications, including manufacturer and model, rotor diameter, tower height. (g) Tower foundation blueprints or drawings. (h) Tower blueprint or drawing. (i) The proposed color of the small wind energy system. (3) Zoning permit procedure. (a) An owner shall submit an application to the Planning and Zoning Director for a zoning permit for a small wind energy system. The application must be on a form approved by the Planning and Zoning Director and must be accompanied by three (3) copies of the plat identified in 22-7(2) above. (b) The Planning and Zoning Director shall issue a permit or deny the application within one (1) month of the date on which the application is received. (c) The Planning and Zoning Director shall issue a zoning permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this ordinance. (d) If the application is approved, the Planning and Zoning Director will return one (1) signed copy of the application with the permit and retain the other copy with the application and forward the third copy to the Building Official. (e) If the application is denied, the Planning and Zoning Director will notify the applicant in writing and provide a written statement of the reasons why the application was denied. The applicant may reapply for a zoning permit if the deficiencies specified by the Planning and Zoning Director are resolved or appeal the Planning and Zoning Director's decision to the Nelson County Board of Zoning Appeals pursuant to Appendix A, Article 14 of the Code of the County of Nelson, 1989 as amended. (4) Expiration. A zoning permit issued pursuant to this article shall expire if: (a) The small wind energy system is not installed and functioning within twenty-four (24) months from the date the permit is issued; or (b) The small wind energy system is out of service or otherwise unused for a continuous twelve-month period. (Ord. No. O2009-12, § 1, 11-10-09)
22-8
(1) A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Planning and Zoning Director may issue a Notice of Abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from notice receipt date. The Planning and Zoning Director shall withdraw the Notice of Abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned. (2) If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three (3) months of receipt of Notice of Abandonment. If the owner fails to remove the wind generator from the tower, the Planning and Zoning Director may pursue a legal action to have the wind generator removed at the owner's expense. (Ord. No. O2009-12, § 1, 11-10-09) |
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(Ord. No. O2009-12, § 1, 11-10-09) |