§ 8.10. Commercial/Utility Grade Wind Energy Systems.

8.10.01

Purpose. It is the purpose of this ordinance to promote the safe, effective and efficient use of commercial/utility grade wind energy systems and that such systems are appropriately sited within the zoning jurisdiction of the City of Bellevue.

8.10.02  

Definitions. The following are defined for the specific use of this section.

1.

A-weighted Sound Level (dbA) a measurement of sound pressure level, which has been filtered or weighted to progressively de-emphasize the importance of frequency components below 1,000 Hz and above 5,000 Hz. This reflects the fact that human hearing is less sensitive at low frequencies and at extremely high frequencies, relative to the mid- range of the frequency spectrum. This area of sensitivity also corresponds to the human speech band. This measurement is the most commonly used filter in both industrial noise applications (governed by OSHA) and community noise regulations.

2.

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.

3.

Applicant A property owner, or any person or entity acting as an agent for the property owner, in an application for a WECS Permit under this Article.

4.

Blade Glint The intermittent reflection of the sun off the gloss surface of wind turbine blades.

5.

Building-Mounted Wind Turbine (BMWT) a wind energy conversion system consisting of a wind turbine mounting system and associated control or conversion electronics and which is mounted to a building and intended to primarily reduce on-site consumption of utility power.

6.

Commercial Wind Energy Conversion System (CWECS) an electrical generating facility comprised of one or more wind turbines and accessory facilities generating capacity, including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy generated will be used by a utility company for off-site use. A wind energy conversion system of equal to or greater than 100 kW in total name plate generating capacity.

7.

Decibel (db) The measurement of a sound pressure relative to the logarithmic conversion of the sound pressure reference level often set as 0 dbA. In general, this means the quietest sound we can hear is near 0 dbA and the loudest we can hear without pain is near 120 dbA. Most sounds in the typical day-to-day environment range from 30 dbA to 100 dbA. Normal speech at 3 feet averages about 65 dbA.

8.

FAA shall mean the Federal Aviation Administration.

9.

Fall Zone shall mean the area, defined as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure.

10.

FCC shall mean the Federal Communications Commission.

11.

Feeder Line shall mean any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the wind energy conversion system.

12.

Furling A design characteristic of a wind turbine intended to limit its power output in high winds by changing the rotor's plane of rotation to a plane that is not perpendicular to the prevailing wind direction.

13.

Hub Height the distance measured from ground level to the centerline of the rotor.

14.

Ice Throw Ice build-up that is thrown by the spinning turbine blades.

15.

Meteorological Tower shall mean, for purposes of this ordinance, a tower, including the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. Meteorological towers do not include towers and equipment used by airports, the Nebraska Department of Roads, or other applications to monitor weather conditions.

16.

Micro-Wind Energy Conversion System shall mean a Wind Energy Conversion System of 1 kW nameplate generating capacity or less and utilizing supporting towers of 40 feet or less.

17.

Nacelle A cover housing that holds all of the generating components of a WECS, such as the gearbox, drive train, rotor shaft, and brake assembly.

18.

Operator The person or entity responsible for the day-to-day operation and maintenance of the WECS.

19.

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 ordinance, 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.

20.

Pure Tone A sound whose instantaneous sound pressure is a simple sinusoidal function of the time and is characterized by a single frequency or singleness of pitch. For the purpose of these regulations, a pure tone shall exist if the one-third octave band sound pressure level in the bandwidth of the tone exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by five db for center frequencies of 500 Hz and above, and eight db for center frequencies between 160 and 400 Hz, and by 15 db for center frequencies less than or equal to 125 Hz.

21.

Residential Wind Energy Conversion System (RWECS) a wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and which is intended to primarily reduce on-site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

22.

Rotor. The rotating part of a turbine, including the blades.

23.

Rotor Diameter shall mean the diameter of the circle described by the moving rotor blades.

24.

Sensitive Receptor Structures that have occupants on a routine basis and whose occupants could be negatively affected by noise, vibration, shadow, or flicker, including those structures intended for four season human habitation (whether inhabited or not), public parks, state designated wildlife areas, the manicured areas of private recreational establishments such as golf courses or the campsites in a state approved campground, schools, daycare centers, elderly care facilities, hospitals, places of public assembly, and businesses.

25.

Shadow Flicker. When the blades of an operating wind turbine pass between the sun and an observer, casting a readily observable, moving shadow on the observer and his or her immediate environment.

26.

Small Wind Energy Conversion System (SWECS) a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which will be used primarily to reduce on-site consumption of utility power. Such system has a rated capacity of not more than 100 kW and which is intended to primarily reduce on- site consumption of utility power.

27.

Stall Control A braking mechanism on wind turbines where the rotor blades are bolted onto the hub at a fixed angle. The rotor blade profile is aerodynamically designed to ensure that the moment the wind speed becomes too high it creates turbulence on the side of the rotor blade which is not facing the wind. This stall prevents the lifting force of the rotor blade from acting on the rotor.

28.

Substations shall mean any electrical facility to convert electricity produced by wind turbines to a voltage greater than 35,000 (35,000 KV) for interconnection with high voltage transmission lines.

29.

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.

30.

Tower shall mean the vertical structures that support the electrical, rotor blades, or meteorological equipment.

31.

Tower Height shall mean the total height of the Wind Energy Conversion System exclusive of the rotor blades.

32.

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.

33.

Turbine or Wind Turbine See "Wind Energy Conversion System."

34.

Upwind Rotor shall mean a design in which the rotor on a wind turbine tower faces into the wind.

35.

Well-designed Braking System shall mean the primary braking system, which uses a mechanical brake, pitch-control of the turbine blades, or stall-control to bring the turbine to a stop in such a way that stall-induced vibrations/noise are avoided.

36.

Wind Energy Conservation 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. The energy may be used on- site or distributed into the electrical grid.

37.

Wind Energy Conversion System (WECS) Facility An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

38.

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.

8.10.03

Requirements. Commercial/Utility Grade wind energy systems shall be permitted as a Conditional Use within any district where the use is listed and allowed. The following requirements and information shall be met and supplied:

1.

The name(s) of project applicant.

2.

The name of the project owner.

3.

The legal description and address of the project.

4.

A description of the project 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.

5.

Site layout, including the location of property lines, wind turbines, electrical grid, and all related accessory structures. This site layout shall include distances and be drawn to scale.

6.

Engineer's certification from a professional engineer licensed in the State of Nebraska.

7.

Documentation of land ownership or legal control of the property.

8.

The latitude and longitude of individual wind turbines.

9.

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 CWECS not owned by the applicant.

10.

Location of wetlands, scenic, and natural areas (including bluffs) within 1,320 feet of the proposed CWECS.

11.

An Acoustical Analysis that certifies that the noise requirements within these regulations can be met.

12.

FAA and FCC permit, if necessary. Applicant shall submit permit or evidence that the permit has been filed with the appropriate agency.

13.

Location of all known Communication Towers within two miles of the proposed Wind Energy Conversion System and evidence that there will be no interference with any such commercial and/or public safety communications towers.

14.

Decommissioning Plan as required by this ordinance.

15.

Description of potential impacts on nearby Wind Energy Conversion Systems and wind resources on adjacent properties.

16.

A CWECS shall be located on a parcel that is at least ten (10) acres in size.

17.

Setbacks identified as required in Section 8.10.05.

8.10.04

Aggregated Projects.

1.

Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, public hearings, reviews and as appropriate approvals.

2.

Permits may be issued and recorded separately.

3.

Joint projects will be assessed fees as one project.

8.10.05

Setbacks. All towers shall adhere to the setbacks established in the following table:

	Wind Turbine - Noncommercial WECS (residential and small)	Wind Turbine - Commercial/Utility WECS	Meteorological Towers
Property Lines	1.25 times the total height	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or 1.1 times the total height.
Neighboring Dwelling Units*		750 feet	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or 1.1 times the total height.
Road Rights-of-Way**	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.	One times the height.	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.
Other Rights-of-Way	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.
Public conservation lands	NA	1320 feet	600 feet
Wetlands, USFW Types III, IV, and V	NA	1320 feet	600 feet
Other structures	NA	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.	The greater of: The fall zone, as certified by a professional engineer, + 10 feet or one times the total height.
Other existing WECS	NA	To be considered based on: • Relative size of the existing and proposed WECS • Alignment of the WECS relative to the predominant winds • Topography • Extent of wake interference impacts on existing WECS • Property line setback of existing WECS • Other setbacks required Waived for internal setbacks in multiple turbine projects including aggregated projects
River Bluffs	NA	1,320 feet	NA

 

*The setback for dwelling units shall be reciprocal in that no dwelling unit shall be constructed within the same distance required for a commercial/utility Wind Energy Conversion System.
**The setback shall be measured from any future Rights-of-Way if a planned change or expanded right-of-Way is known.

8.10.06

Special Safety and Design Standards. All towers shall adhere to the following safety and design standards:

1.

Clearance of rotor blades or airfoils must maintain a minimum of 20 feet of clearance between their lowest point and the ground.

2.

All CWECS shall have a sign or signs posted on the tower, transformer and substation, warning of high voltage. Other signs shall be posted on the turbine with emergency contact information.

3.

All wind turbines, which are a part of a CWECS, shall be installed with a tubular, monopole type tower.

4.

Turbine identification:

a.

Each site access road shall be named according to the City street (or county road) naming convention;

b.

Each individual turbine shall be designated with a numeric or alphanumeric identifier;

c.

Each individual turbine shall be labeled with its respective identifier and the name of the access road it is located along; and

d.

Signage shall be provided at the intersection of each access road with the public right-of- way indicating the towers that may be found along that access road, along with subsequent signage at each road intersection within the site further indicating the direction to specific towers.

5.

Wind turbines that are not designed in "accordance with proven good engineering practices" shall be prohibited. Turbines designed with the following characteristics shall be deemed in "accordance with proven good engineering practices:"

a.

At least 3 blades;

b.

Upwind rotor;

c.

No furling;

d.

Tapered and twisted blades; and

e.

A well-designed braking system.

6.

Color and finish.

a.

All wind turbines and towers that are part of a CWECS shall be white, grey or another non-obtrusive single color.

b.

Blades may be black in order to facilitate deicing.

c.

Finishes shall be matte or non-reflective.

d.

CWECS shall not display advertising, except for reasonable identification of the manufacturer, facility owner or operator, which may be placed on the nacelle.

7.

Visual Impact.

a.

To provide visual order to a CWECS facility, all individual turbines shall have the same number of rotor blades and all rotor blades shall spin in the same direction (i.e., clockwise or counter-clockwise) in relation to the wind;

b.

Except during construction, re-construction or removal, outdoor storage is not permitted within the facility boundary except at locations that are screened from view, as shown on the approved site plan;

c.

If turbines become inoperable for any reason, they shall be repaired as soon as reasonably possible;

d.

To avoid cluttering the skyline, inverters and pendant power cables shall be located inside the wind turbine tower, nacelle or structure;

e.

No telecommunications dishes, antennas, cellular telephone repeaters or other similar devices shall be attached to wind turbine towers;

f.

The maximum total height of the turbines shall be 355 feet. Greater height, but not in excess of 400 feet, may be considered on a case by case basis if the applicant can sufficiently demonstrate that the increased height will result in increased energy efficiencies thereby reducing the overall number of turbines in the project. However, in all cases, due consideration shall be given to the scale of the turbines in relation to the surrounding landscape.

8.

Lighting.

a.

Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA permits and regulations.

b.

Red strobe lights shall be used during nighttime illumination to reduce impacts on neighboring uses and migratory birds.

c.

Red pulsating incandescent lights shall be prohibited.

9.

All signage shall comply with the sign regulations found in these regulations.

10.

All communications and feeder lines installed as part of a CWECS shall be buried, where feasible.

11.

No CWECS shall exceed 50 dbA at the nearest structure or use occupied by humans.

12.

Controls and brakes.

a.

All CWECS shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode.

b.

Stall regulation shall not be considered a sufficient braking system for overspeed protection.

13.

Interference.

a.

The applicant shall minimize or mitigate interference with any commercial or public safety electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any CWECS.

b.

The applicant shall notify all communication tower operators within five miles of the proposed CWECS location upon application to the City for permits

14.

Roads, applicant shall:

a.

Identify all city, county or townships streets/roads to be used for the purposes of transporting CWECS, substation parts, cement, and/or equipment for construction, operation or maintenance of the CWECS and obtain applicable weight and size permits from the impacted jurisdictions prior to construction.

B.

Conduct a pre-construction survey, in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public road/facility.

C.

Be responsible for restoring or paying damages as agreed to by the applicable jurisdiction sufficient to restore the road(s) and bridges to preconstruction conditions.

15.

The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the CWECS.

16.

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.

8.10.07

Building-mountable wind turbines (BMWT). A BMWT and its essential support facilities shall be allowed as a permitted accessory use when attached to the principle structure in any zoning district subject to the following:

1.

A simple site plan shall be submitted for each BMWT providing the following information:

2.

Mounting location of the BMWT on the principle structure.

3.

Description of the BMWT height and width, including a photo (if available) or other visual representation.

4.

BMWT shall not exceed 60 dBA, as measured at the closest property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

5.

BMWT shall comply with the maximum height requirement of the zoning district in which it is located. Applicants proposing an installation higher than allowed by the zoning district in which it will be located may apply for a variance to the Zoning Board of Adjustment.

6.

No BMWT may occupy, encroach or "overhang" any public right-of-way without the expressed approval of the City of Bellevue.

7.

Each BMWT installation shall require a separate building permit.

8.10.08

Noise and Shadow Flicker.

1.

Audible sound from a WECS facility shall not exceed 50 dbA if it is determined a pure tone is generated by the facility, as measured at the exterior of any occupied building on a non-participating landowner's property. Methods for measuring and reporting acoustic emissions from the WECS facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 (1989) titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.

2.

The Facility owner and Operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

8.10.09

Use of Public Roads; Bond Required. The property owner of a CWECS facility shall be responsible for extraordinary maintenance and restoration of all City roads leading to the project site that may be damaged during construction or due to activities involving the CWECS facility unless the property owner can prove that operation of the CWECS facility was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of and to the satisfaction of the Public Works Director. The following information shall be submitted along with an application for a CWECS Permit:

1.

Detailed maps of access and haul routes;

2.

If weight and size permits are required by the Nebraska Department of Roads, a pre-construction baseline survey shall be provided to document and determine existing road conditions;

3.

A report on potential road damage that may result from the construction and maintenance of the CWECS facility;

4.

If, in the discretion of the Public Works Department, road damage may occur, a road damage mitigation plan and/or long-term road maintenance agreement shall be submitted, which shall include a bond, escrow, security agreement, or other form of guarantee approved by the City Attorney, in an amount determined by the Public Works Director to be sufficient to guarantee the necessary restoration or extraordinary maintenance required due to the construction or operation of the CWECS facility; and

5.

If impacts may occur to public roads in other jurisdictions, the Applicant shall give notice to such other jurisdictions, providing information regarding road impacts, and submit to the Public Works Department proof that such notice was given.

8.10.1

Decommissioning Plan; Bond Required.

1.

The facility owner and operator shall, at its expense, complete decommissioning of the CWECS facility, or individual turbines, within six months after the end of the useful life of the facility or individual turbines. The CWECS facility or individual turbines will presume to be at the end of their useful life if no electricity is generated for a continuous period of 12 months. A decommissioning plan shall be submitted with an application for a CWECS permit, which shall document:

a.

The removal of turbines, buildings, cabling, electrical components, roads, foundations to a depth of four feet within 180 days;

b.

Grading and re-seeding all disturbed earth;

c.

report prepared by an independent professional engineer licensed in the State of Nebraska that estimates the total cost of decommissioning ("Decommissioning Costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("Net Decommissioning Costs"). Said estimates shall be submitted to the City of Bellevue after the first year of operation and every fifth' year thereafter.

d.

The facility owner or operator shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs, provided, at no point shall Decommissioning Funds be less than 25 percent of Decommissioning Costs. The Decommissioning Funds shall be posted and maintained as a bond, escrow, security agreement, or other form of guarantee approved by the City Attorney.

e.

If the facility owner or operator fails to complete decommissioning within the period prescribed herein, then the landowner shall have six months to complete decommissioning.

f.

If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed herein, then the City of Bellevue may take such measures as necessary to complete decommissioning.

g.

An easement allowing the City of Bellevue access to the project site, pursuant to reasonable notice, to effect or complete decommissioning.

h.

The escrow agent shall release the Decommissioning Funds when the facility owner or operator has demonstrated and the City of Bellevue concurs that decommissioning has been satisfactorily completed, or upon written approval of the City of Bellevue in order to implement the decommissioning plan.

i.

An agreement that the City of Bellevue is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the right to seek reimbursement from the facility owner or operator, or property owner, for decommissioning costs in excess of the amount guaranteed, and to file a lien against any real estate owned by the facility owner or operator, or property owner, or in which they have an interest, for the amount of the excess, and to take all steps allowed to enforce such lien.

2.

Financial provisions shall not be so onerous as to render CWECS facilities unfeasible in the City of Bellevue.

8.10.11

Repair; Abandonment; Removal. Small Wind Energy Conversion Systems: Any SWECS found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state and local safety standards, or removed within six months. If any SWECS is not operated for a continuous period of 12 months, the City shall notify the landowner by registered mail that such SWECS is deemed abandoned, and provide 45 days for a response. In their response, the landowner shall set forth reasons for the operational difficulty and provide a timetable for corrective action not exceeding six months. If the corrective action is not completed with six months, the City shall notify the landowner that such SWECS shall be removed within 12 days of receipt of the notice.

8.10.12

Liability Insurance. For each CWECS facility, there shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate. Copies of such certificates shall be made available to the City of Bellevue upon request.

(Ord. No. 3643, § 1(8.10), 11-14-2011)