HomeMy WebLinkAboutOrd 591-2012 Wind Energy Conservation Systems.pdfOPTION A
CITY OF ANNA, TEXAS
ORDINANCE NO. 591-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART III - C, SECTION 34 BY ADDING SECTION 34.13
(WIND ENERGY CONVERSION SYSTEMS), AMENDING APPENDIX 2 SCHEDULE OF USES
- TABLE 7 (ACCESSORY AND INCIDENTAL USES) AND AMENDING APPENDIX 3 EX 3.7.7
AND 3.7.8 (DESCRIPTIONS/DEFINITIONS OF USES); PROVIDING FOR A PENALTY FOR
ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules
and regulations governing the use of land; and
WHEREAS, the City Council of the City of Anna seeks to provide for the safe and orderly
development of property within its corporate limits; and
WHEREAS, the City Council finds it to be in the best interest of the public health, safety,
and welfare to provide for the uniform regulation of the construction, design, repair,
installation, and maintenance of Wind Energy Conversion Systems within the City; and
WHEREAS, the City Council has determined that the City's Code of Ordinances should
provide regulations pertaining to Wind Energy Conversion Systems based on: (1) an
assessment of the City's existing public facilities or tack thereof as relates to the health,
safety, and welfare of the City's residents with regard to the potential abatement and/or
mitigation of nuisance or unsafe conditions related to Wind Energy Conversion Systems; (2)
an assessment of amendments to existing ordinances and regulations related to measures
required to ensure the safe and proper construction, erection, maintenance, repair, and use
of Wind Energy Conversion Systems; and (3) assessment of amendments to existing
ordinances and regulations related to measures required to achieve balance between the
value of alternative energy sources and the protection quality of life issues for the City's
residents, including but not limited to nuisance and unsafe conditions, aesthetics, and
protection of property values; and
WHEREAS, pursuant to Texas Local Government Code Chapters 211, 212, 214, 216, 217,
other applicable law, and by virtue of its police powers as a home-rule municipality, the City
is authorized to regulate Wind Energy Conversion Systems;
WHEREAS, the City Council finds it to be in the public interest to adopt regulations which
address specifications to the Wind Energy Conversion Systems in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
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Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, the
Part IN - C of the Anna City Code of Ordinances is hereby amended by adding Section 34.13
(Wind Energy Conversion Systems), as follows:
34.13 Wind Energy Conversion Systems
Wind Energy Conversion Systems. In order to balance the need for clean,
renewable energy resources with the protection of the health, safety and welfare of the
community, the purpose of this section is to regulate private use wind energy
conversion systems for the production of electricity for use on a Lot.
(a) Applicability and Definitions. Terms defined below shall be used for the
purposes of this Section 34.13.
(1) Wind Energy Conversion Systems. A Wind Energy Conversion System
consists of a wind-driven turbine (whether roof or tower mounted) and
associated control or conversion electronics for the purpose of providing
electrical power to a privately-owned Lot or parcel.
(2) Wind Turbine. The individual component of a Wind Energy Conversion
System that converts kinetic energy from the wind into electrical energy,
independent of the electrical conductors, electrical storage system, electrical
metering, or electrical inverters. This term shall include the Shroud and the
towers or supporting structures.
(3) Building Code(s). All codes, ordinances, regulations, policies and procedures,
and standards adopted and enforced by the City.
(4) Fire Code(s). All codes, ordinances, regulations, policies and procedures, and
standards adopted and enforced by City.
(5) FAA. The use of this acronym shall denote the Federal Aviation
Administration, or any other applicable authority that regulates air safety within
the City's jurisdiction.
(6) Shroud. A safety device that covers the blades of a Wind Turbine on all sides
in a manner that substantially reduces the potential that the blades would
cause iniurv or damage to any Persons, animals or items of property coming
into contact with the Wind Turbine.
(b) Standards. All Wind Energy Conversion Systems are subiect to and must
comply with the following provisions:
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(1) Setbacks. Minimum setbacks for Wind Turbines shall be:
i) A minimum of 1.1 times the total extended height of the Wind Turbine—as
measured from average ground level of the Lot to the uppermost part of the
wind turbine—^from the proiect property lines.
ii) Guv wire anchors may not extend closer than 10 feet from any property line.
(2) Number per Lot or parcel. A maximum of two Wind Turbines per Lot or parcel
is permitted on Lots or parcels less than one-half acre in size: a maximum of
four Wind Turbines per acre are permitted on Lots or parcels at least one-half
acre in size.
i) Height. Subject to the above-referenced setback reguirements. the
maximum total extended height of tower-mounted Wind Energy Conversion
Systems—as measured from average ground level of the Lot to the
uppermost part of the wind turbine—is 35 feet on parcels less than 5 acres
in size and 70 feet on parcels 5 acres or greater. If roof mounted, the
Extended Height shall not exceed 10 feet above the roof ridge and in no case
be higher than 35 feet.
(3) Lighting. Wind system towers shall not be artificially lighted unless required, in
writing, by the FAA or other applicable authority that regulates air safety.
Where the FAA requires lighting, the lighting shall be the lowest intensity
allowable under FAA regulations: the fixtures shall be shielded and directed to
the greatest extent possible to minimize glare and visibility from the ground:
and no strobe lighting shall be permitted, unless expressly required by the
FAA.
(4) Access. All tower-mounted Wind Energy Conversion Systems must comply
with the following provisions:
i) the tower shall be designed and installed so that there shall be no exterior
step bolts or a ladder on the tower readily accessible to the public for a
minimum height of 12 feet above the ground. For lattice or guyed towers,
sheets of metal or wood or other barrier shall be fastened to the bottom tower
section such that it cannot readily be climbed: and
ii) all ground-mounted electrical and control eguipment shall be labeled or
secured to prevent unauthorized access.
(5) Rotor Safety. All Wind Turbines shall comply with the following Rotor Safety
requirements.
i) Each Wind Turbine shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within the design limits of
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the rotor. An external, manual shut-off switch shall be included with the
installation.
The minimum distance between the ground and any protruding blades
utilized on a private Wind Turbine shall be 10 feet as measured at the lowest
point of the arc of the blades.
iii) All blades of a Wind Turbine are required to be within a Shroud.
(6) Noise. All Wind Turbines shall comply with these noise requirements and
restrictions. These levels may not be exceeded at any time, including short-
term events such as utility outages and severe wind storms. A manufacturer's
sound report shall be required with a building permit application.
i) No Wind Energy Conversion System or combination of Wind Energy
Conversion Systems on a single Lot or parcel shall create noise that exceeds
a maximum of 35 decibels (dBA) at any property line where the property on
which the Wind Energy Conversion System(s) is located or the abutting
property is less than one acre: or, a maximum of 50 decibels (dBA) at any
other property line. Measurement of sound levels shall not be adjusted for,
or averaged with, non-operating periods.
ii) Any Wind Energy Conversion System(s) exceeding these levels shall
immediately cease operation upon notification by the Building Official and
may not resume operation until the noise levels have been reduced and
verified by an independent third party inspector, approved by the Building
Official, at the property owner's expense. Upon review and acceptance of
the third party noise level report. Building Official will allow operation of the
affected Wind Energy Conversion Svstem(s). Wind Energy Conversion
System(s) unable to comply with these noise level restrictions shall be shut
down immediately and removed upon notification by Building Official, after a
period established by Building Official.
(7) Aesthetics and Maintenance.
i) Appearance. Wind turbines, unless subiect to any applicable standards of
the FAA. shall be a non-obtrusive color such as tan, sand, gray, black or
similar colors. The painting or coating shall be kept in good repair for the life
of the Wind Turbine. In addition, any changes to the approved color shall
result in notification by the Building Official that the affected Wind Turbine(s)
shall cease operation until a color correction has been made. If the affected
Wind Turbine(s) are not repainted, using an approved color, within the period
established by the Building Official, the owner shall remove the affected Wind
Energy Conversion System(s).
ii) Electrical Wires. All electrical wires leading from the tower to electrical
control facilities shall be located underground.
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ATTESTED:
City Secretary, Natha Wilkison
APPROVED;
layer, Mike Crist
3 A
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