05/11/2010 Ordinances 9261ORDINANCE NO. 9261
An ordinance to amend Chapter 36 ofthe Grand Island City Code; specifically, to
amend Section 36-103 Wind Energy Conversion Systems to provide for regulations and
definitions regarding Wind Energy Conversion Systems; to provide for regulations and
restrictions regarding Micro Wind Energy Conversion Systems; to provide for regulations and
restrictions regarding Small Wind Energy Conversion Systems; to provide for regulations and
requirements for CommerciaWtility Grade Wind Energy Conversion Systems; to repeal any
ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet
form and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-103 ofthe Grand Island City Code is hereby amended to
read as follows:
36-103. Wind Energy Conversion Systems
(1) Definitions
The following are defined for the specific use of this section.
(A) 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.
(B) Commercial WECS shall mean a wind energy conversion system of equal to or greater than 100
kW in total name plate generating capacity.
(C) Connector Line shall mean any power conductor that carries electrical power from one or more
wind turbines to the point of interconnection with the distribution system.
(D) Hub Height shall mean the distance from ground level as measured to the centerline of the rotor.
(E) 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 siting 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.
(F) Micro Wind Energy Conversion System (MWECS) 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 5 kW and which is intended to primarily reduce on-site consumption of utility power.
Rotor Diameter shall not exceed 7 feet.
(G) Property Line shall mean the boundary line of the area over which the entity applying for a Wind
Energy Conversion System permit has legal control for the purpose of installing, maintaining and operating a Wind
Energy Conversion System.
Approved as to Form a `
May 10, 2010 d City Attorney
ORDINANCE NO. 9261 (Cont.)
(H) 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.
(I) Rotor Diameter shall mean the diameter of the circle described by the moving rotor blades.
(J) Small Wind Energy Conversion System (SWECS) 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
not less than 5 kW and not more than 100 kW or has a rated capacity of not more than 5 kW and a rotor diameter of
greater than 7 feet and which is intended to primarily reduce on-site consumption of utility power.
(K) Substations shall mean any electrical facility to convert electricity produced by wind turbines to a
higher or lower voltage for interconnection with transmission lines.
(L) 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.
(M) Tower shall mean the vertical structures, including the foundation that supports the electrical
generator, rotor blades, or meteorological equipment.
(N) Tower Height (Ground Mounted) shall mean the total height of the Wind Energy Conversion
System, between the ground level at the base of the tower and the top of the tower, exclusive of the rotor blades.
(O) Tower Height (Roof Mounted) shall mean the total height of the Wind Energy Conversion
System, between the roof level at the base of the tower and the top of the tower, exclusive of the rotor blades.
(P) 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.
(Q) 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, which may be used on-site or distributed into the electrical grid.
(R) 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.
(S) Vertical Axis Wind Turbine: A wind energy conversion system design where the rotating shaft
is perpendicular to the ground and the cups or blades rotate parallel to the ground.
(2) Micro Wind Energy Conversion Systems
Purpose
It is the purpose of this wind energy regulation to; promote the safe, effective and efficient use of wind energy and
to encourage the development of residential scale generation systems as they become affordable as determined by
the residents of Grand Island and Hall County.
Requirements
Residential wind energy conversion systems shall be permitted as an Accessory Use within any zoning district.
Certain requirements as set forth below shall be met:
(A) Tower Height
(1) Shall be limited by the size of the property. Tower height shall not exceed the fall zone
for the property.
(B) Minimum Lot Size
(1) Towers shall be permitted on all lots or parcels with a permitted principal use.
(C) Fall Zone
(1) Fall Zone is the total height and any underlying setbacks for ground mounted MWCES.
(2) Fall Zone is the 125% of the tower height and any underlying setbacks for roof mounted
MWCES.
(D) Setbacks
-2-
ORDINANCE NO. 9261 (Cont.)
(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; tower must meet required underlying setbacks.
(E) Noise
(1)~MWCES shall not exceed 60 dBA, as measured at the closet neighboring inhabited dwelling
unit.
(2) The noise level may be exceeded during short term events such as utility outages and/or
severe wind storms, wind speeds of greater than 50 miles per hour.
(F) Approved Wind Turbines
(1) MWCES must have been approved under the Emerging Technologies program of the
California Energy Commission or any other small certification program recognized by the American Wind Energy
Association.
(G) Compliance with Building and Zoning Codes
(1) Applications for MWCES shall be accomplished by standard drawings of the wind
turbine structure, including the tower base, and footings.
(2) An engineering analysis of the tower showing compliance with official building code of
the governing body and/or the State of Nebraska and certified by a licensed professional engineer shall also be
submitted.
(H) Compliance with FAA Regulations
(1) MWCES must comply with applicable FAA regulations, including any necessary
approvals for installations within the airport approach zone.
(2) No MWCES shall be installed within the regulated airport approach zone until evidence
has been given that the Central Nebraska Regional Airport has been informed of the applicant's intent to install a
MWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport informing
them of the owners' intent to install the MWCES must be submitted with the building permit application.
(n Compliance with National Electrical Code
(1) 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 and the National Electric Safety Code.
(.>7 Utility Notification
(1) 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.
(2) Off- grid systems shall be exempt from this requirement.
Setbacks
Minimum setbacks from all property lines shall be equal to the Fall Zone as defining in C above.
(3) Small Wind Energy Conversion Systems
Purpose
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.
Requirements
Small wind energy conversion systems shall be permitted as an Accessory Use within any district. Certain
requirements as set forth below shall be met:
(A) Tower Height
(1) Shall be limited by the size of the property. Tower height shall not exceed the fall zone
for the property.
(B) Minimum Lot Size
((1) Towers shall be permitted on all lots or parcels with a permitted principal use.
(C) Fall Zone
(1) Fall Zone is the total height and any underlying setbacks for ground mounted SWCES.
(2) Fall Zone is the 150% of the tower height and any underlying setbacks for roof mounted
SWCES.
(D) Setbacks
-3-
ORDINANCE NO. 9261 (Cont.)
(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; tower must meet required underlying setbacks.
(E) Noise
(1) SWCES shall not exceed 60 dBA, as measured at the closet neighboring inhabited
dwelling unit.
(2) The noise level may be exceeded during short term events such as utility outages and/or
severe wind storms, wind speeds of greater than 50 miles per hour.
(F) Approved Wind Turbines
(1) SWCES must have been approved under the Emerging Technologies program of the
California Energy Commission or any other small certification program recognized by the American Wind Energy
Association.
(G) Compliance with Building and Zoning Codes
(1) Applications for SWCES shall be accomplished by standard drawings of the wind turbine
structure, including the tower base, and footings.
(2) An engineering analysis of the tower showing compliance with official building code of
the governing body and/or the State of Nebraska and certified by a licensed professional engineer shall also be
submitted.
(H) Compliance with FAA Regulations
(1) Small wind energy conversion systems must comply with applicable FAA regulations,
including any necessary approvals for installations within the airport approach zones.
(2) No SWCES shall be installed within the regulated airport approach zone until evidence
has been given that the Central Nebraska Regional Airport has been informed of the applicant's intent to install a
SWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport informing them
of the owners' intent to install the SWCES must be submitted with the building permit application.
(n Compliance with National Electrical Code
(1) 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 and the National Electric Safety Code.
(.n Utility Notification
(1) 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.
(2) Off- grid systems shall be exempt from this requirement.
Setbacks
Minimum setbacks from all property lines shall be equal to the Fall Zone as defining in C above.
(4) CommerciaUUtility Grade Wind Energy Conversion Systems
Purpose
It is the purpose of this regulation to promote the safe, effective and efficient use of commercial/utility grade wind
energy conversion systems within the City of Grand Island and its Extraterritorial Zoning Jurisdiction.
Requirements
Commercial/Utility Grade wind energy systems shall be a Conditional Use within the AG-2 Secondary Agricultural
District, the TA Transitional Agriculture District, the AG-SI Special Agriculture/Industrial Zone, AG-SE Special
Agriculture District/Events Zone, and the AG-SC Special Agriculture District/Conservation Zone. The following
requirements and information shall be met and supplied:
(A) The name(s) of project applicant.
(B) The name of the project owner.
(C) The legal description and address of the project.
(D) 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 electrical grid.
(E) Site layout, including the location of property lines, wind turbines, feeder lines, and all related
accessory structures. This site layout shall include distances and be drawn to scale.
(F) Certification by an Engineer competent in disciplines of WEC's.
-4-
ORDINANCE NO. 9261 (Cont.)
(G) Documentation of land ownership or legal control of the property.
(H) The latitude and longitude of individual wind turbines; included with this shall be an area or zone
in close proximity that meets all setbacks; where actual WEC will be considered.
(I) A USGS topographical map, or map with similar data, of the property and surrounding area,
including any other Wind Energy Conversion System, within 10 rotor distances of the proposed Wind Energy
Conversion System not owned by the applicant.
(J) Location of migratory waterfowl flyways, wetlands, scenic, and natural areas within 1,320 feet of
the proposed Wind Energy Conversion System.
(K) An Acoustical Analysis that certifies that the noise requirements within this regulation can be met
(L) The applicant shall supply the emergency management agency and/or fire departments with a
basic emergency response plan.
(M) FAA and FCC permit, if necessary.
(1) CommerciaULltility Grade wind energy conversion systems must comply with applicable FAA
regulations, including any necessary approvals for installations within the airport zone.
(2) No WEC shall be installed within the regulated airport approach zone until evidence has been
given that the Central Nebraska Regional Airport has been informed of the applicant's intent to install a
SWECS. A copy of a certified letter (with mailing receipt) to the Central Nebraska Regional Airport
informing them of the owners intent to install the SWCES must be submitted with the building permit
application.
(N) Evidence that there will be no inference with any commercial and/or public safety communication
towers.
(O) Decommissioning Plan as required by this regulation.
Setbacks
All towers shall adhere to the setbacks established in the following table:
Wind Turbine- Meteorological Towers
Commercial/LJtility WECS
Property Lines 150 feet from property lines; however, the One times the tower height.
setback may be less when two adjoining
property owners are within the
aggregate project.
Neighboring Dwelling Units 1,000 feet One times the tower height.
Road Rights-of-Way* One-half the rotor diameter. One times the tower height.
Other Rights-of--Way NA NA
Wildlife Management Areas 600 feet 600 feet
and State Recreational Areas
Wetlands, USFW Types III, 600 feet 600 feet
IV, and V
Other structures and One-half the rotor diameter. One times the tower height.
cemeteries adjacent to the
applicant's sites
Other existing WECS not NA NA
owned by the applicant.
* The setback shall be measured from any future Rights-of--Way if a planned change or expanded Right-of--Way is
known.
(5) Special Safety and Design Standards
All towers shall adhere to the following safety and design standards:
(A) Clearance of rotor blades or airfoils must maintain a minimum of 12 feet of clearance between
their lowest point and the ground.
(B) 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 tower base or perimeter fencing with
emergency contact information.
-5-
ORDINANCE NO. 9261 (Cont.)
(C) All wind turbines, which are a part of a commercial/utility WECS, shall be installed with a
tubular, monopole type tower.
(D) Consideration shall be given to painted aviation warnings on all towers less than 200 feet.
(E) 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 deicing. Finishes shall be matte or non-
reflective.
(F) 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.
(G) Other signage:
All other signage shall comply with the sign regulations found in the City Code.
(H) Feeder Lines:
All communications and connector lines associated with the project distribution system installed
as part of a WECS shall be buried. Where obstacles to the buried lines create a need to go above ground, these lines
may be placed above ground only to miss the obstacle.
(I) 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 regulations.
(J) 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 completely removed to twelve feet below ground level
within 180 days of the discontinuation of use. The 180 days may be extended if proof of weather delays is provided.
Each Commercial/Utility WECS shall have a Decommissioning plan outlining the anticipated
means and cost of removing WECS at the end of their serviceable life or upon use 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. The initial plan shall be submitted with the application. An updated plan shall be filed with the
City every 5 years.
(K) Noise:
No Commercial/LJtility WECS shall exceed 50 dBA at the nearest structure or use occupied by
humans.
(L) Interference:
The applicant shall not cause interference with power quality of area utility feeder circuits and
shall not introduce noise to the connected electric distribution system. WECS shall not cause interference with any
commercial or public safety electromagnetic communications, such as radio, telephone, microwaves, or television
signals. The applicant shall notify all electric utilities and communication tower operators within five miles of the
proposed WECS location upon application for permits.
(M) Environmental Permits:
The developer shall present evidence the project meets the environmental permitting requirements
of all applicable state and federal agencies if such permits are required.
(N) 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.
Amended by Ordinance No. 9210, effective 04-08-2009
Amended by Ordinance No. 9261, effective 06-2010
-6-
ORDINANCE NO. 9261 (Cont.)
SECTION 2. That this ordinance shall be in force and take effect from and a$er
its passage and publication in pamphlet form within 15 days according to law.
Enacted: May 11, 2010.
Margaret Hornady, Mayor
Attest:
RaNae Edwards, City Clerk
Ordinance No. 9261 was approved on first reading at the City Council
meeting of May 11, 2010.
-7-