Whereas Federal and State public policy is to encourage and promote clean and non-polluting forms of energy including wind and solar for the future and.
Whereas the City of West Allis has an intrinsic interest in the public health and safety of such systems and of its citizens and
Whereas Wisconsin stats 66.0401 allows for restrictions on wind and solar energy systems that (a) serves to preserve or protect the public health or safety and (b) does not significantly increase the cost of the system or significantly decrease its efficiency,
The Common Council of the City of West Allis hereby creates Section 12.24 of the Revised Municipal code to enhance the safety of wind energy systems without significantly decreasing their efficiency and reads as follows:
(1) Definitions
(a) Residential Wind Energy System: A wind energy system consists of a wind turbine, tower, and associated control or electronics that converts direct current into alternating current and which is intended primarily to reduce on-site consumption of electricity. A wind energy system may be partially or totally off-grid or may be grid tied to allow for the purchase of electricity from the local utility or allow excess electricity produced by the wind energy system to be used by the utility.
(b) Tower: The vertical component of a wind energy system that elevates the wind turbine generator and attached blades above the ground. Towers may be (a) a monopole or b. a three or four-sided self-supporting tower or c. free standing tower structure supported by guy wires.
2. Regulations
Wind energy Systems shall be a permitted use is all zoning classifications where structures of any sort are allowed; subject to certain requirements as set forth below:
(a) Free standing towers or any other tower that is ground mounted and needs or uses guy wires for structural support shall require a minimum lot size of _ acre.
(b) Monopole towers or multi-sided towers shall be designed and certified by manufacturer to comply with Underwriters Laboratories standards for safety and other applicable codes. No minimum size lot is required for a monopole or a multi-sided self supporting tower.
(c) Set-backs: No part of the wind system structure, including guy wire anchors, may extend closer than ten feet to the property boundaries of the installation site. Set-back distance for a Monopole tower or self-supporting multi-sided tower shall be no closer than ten feet to the lot line boundary. Set-back distances for a free standing or lattice tower supported by guy wires shall be equal to the height of the structure to the nearest lot line boundary. There are no setback requirements to lot lines for roof mounted wind turbines.
(d) Clearance of blades: No portion of a wind energy system shall extend within twenty feet of the ground. No blades may extend over parking areas, public right of ways, driveways, or sidewalks. Blades and tail vane shall be a minimum of ten feet from utility lines in all wind directions.
(e) Heights: Not including the diameter of the wind turbine blades, if the tower is ground mounted, the height of the tower shall be no less than 27 ft nor greater than 45 ft for lots that are less than _ acre in size; for lots of _ acre or more, the minimum height of the tower shall be 27 ft and the maximum height shall be 60 ft; if roof mounted, the tower shall be no less than 8 ft and no more than 15 ft above the highest point on the roof.
(f) Location: No wind turbine may be located in the front or side of the yard. Wind turbines are to be installed in the back of the yard up to the side of the residential dwelling facing the backside of the lot.
(g) Wind Turbine sizes: The maximum diameter of a wind turbine in a lot less than _ acre in size shall be 3 meters; For lots _ acre or more, the maximum size shall be 3.7 meters; for roof mounted wind turbines placed on a garage, workshop or shed, the maximum size shall be 1.5 meters.
(h) Automatic Overspeed Controls: All wind energy systems shall be equipped with automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(i) Lightning arresters - All wind energy systems shall have lightning arresters installed and properly grounded.
(j) Sound: Residential wind energy systems shall not exceed 60 dBA, at average wind speeds for the area, measured at the closest neighboring inhabited dwelling. This level, however, may be exceeded when wind speeds are above average.
(k) Approved Wind Turbines: Wind Turbines certified or approved by the US Dept of Energy, the American Wind Energy Association (awea.org) or Wisconsin's Focus on Energy (focusonenergy.org) may be installed subject to size, height, setback and other requirements of this chapter.
(l) Number of Wind Turbines: One wind turbine at a size specified in Sec 12.24 (2) (g) shall be installed on a tower and used to provide electricity for the primary residence on a city lot. A second smaller wind turbine, not to exceed a blade swept diameter of 1.5 meters, may also be installed on the same lot and used to provide electricity for a garage, workshop or utility shed and may be roof installed.
(m) Building permits: Building permit applications for a wind energy systems shall be accompanied by a drawing of the wind turbine structure, including the tower, type of tower, monopole, multi-sided or guyed structure, base and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be provided by the wind turbine manufacturer. Wet stamps shall not be required. Property owner shall also provide proof of property insurance before the building permit is issued.
(n) City's pre-inspection of tower installation site: Before the foundation concrete is poured, the Building Inspector shall examine, measure and preapprove the width, circumference and depth or the hole that will support the footings and concrete foundation of the monopole or other self supporting tower to comply with the manufacturer's engineering specification for installing the wind energy system.
(o) Electrical wires: Electrical wires, including grounding wires, from the tower to the building being serviced shall be underground.
(p) Code Compliance: A wind energy system shall comply with all applicable state and local building codes and electrical codes.
(q) Utility Notification; No residential wind energy system shall be installed until evidence is provided that the utility has been informed of the customers intent to install an interconnected customer-owed generator. Off-grid systems are exempt form this requirement. Wind energy systems that connect to the electric utility shall comply with the Public Service Commission Wisconsin's rule 119 "Rules for Interconnecting Distributed Generation Facilities."
(r) Small decorative wind turbines: Small wind turbines less than one meter in diameter that use direct current solely for decorative or yard lighting are exempt from permit requirements and restrictions listed in section 12.24.
(s) Special Use Permits: Special Use Permits for wind energy systems are required only for variations or special purposes not covered in this chapter including different wind turbine sizes, deviations on the height of the tower, tower structure or location, sound limits and set-back requirement variations as stated in Section 12.24. All property owners whose property adjoins the land where the special use permit is desired shall sign a waiver approving of the purpose(s) requested ina special use permit. The Common Council shall hold a public hearing on the Special Use Permit request and approve it before it can be issued. (Special Use Permits are not ordinarily required for Building Permits to install a wind energy system that comply fully with this chapter.)
(3).. Abandonment:
(a) A wind energy system that is out or service for a continuous 2 year period will be deemed to have been abandoned. The Building inspector may issue a Notice of Abandonment to the owner of a wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date. The Building Inspector shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.
(b) If the wind energy system is determined to be abandoned, the owner of a wind energy system shall remove the wind energy system at the Owner's sole expense within 30 days of receipt of Notice of Abandonment. If the owner fails to remove the wind energy system, the building Inspector may pursue a legal action to have the wind energy system removed.
(4) Violations.
(a) It is unlawful for any person to construct, install, or operate or fail to remove a wind energy system that is not is compliance with Wis Stats 66.04001 on regulations relating to solar and wind energy systems and 66.0403 on solar and wind energy access permits and this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.
Part II amend Section 12.06 of the Revised Municipal code to read as follows:
12.06 Definitions.
Wind energy system. Equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wis Stats. 66.0403(1)(m). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, inverter, vane, wire, batteries or other component used in the system.
Part III All ordinances or parts of ordinances contravening the provisions of this ordinance are herby repealed.
Part IV This ordinance shall take effect and be in force from and after its passage and publication.