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HomeMy WebLinkAboutOrd2010-004 Sponsored by: Planning and Zoning Commission Introduction Date: September 27, 2010 Public Hearing Date: October 11, 2010 Enactment: October 11, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADDING SECTION 15.10.245 WIND ENERGY CONVERSION SYSTEMS (WECS) TO THE SEWARD CITY CODE ESTABLISHING A PROCESS AND STANDARDS FOR THE SITING, CONSTRUCTION, AND OPERATION OF WIND ENERGY CONVERSION SYSTEMS (WECS) AS PERMITTED SECONDARY USES AND AMENDING SEWARD CITY CODE TITLE 15, LAND USES ALLOWED TABLE 15.10.225 TO ALLOW WECS IN THE RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS AND P ZONING DISTRICTS WHEREAS, there has been an increase in community interest in the installation of Wind Energy Conversion Systems (WECS); and WHEREAS, the use of WECS is not addressed in the Seward City Code; and WHEREAS, the City of Seward ( "City ") recognizes that wind energy may help lower costs, is a renewable source of energy and is desired as a supplemental land use. WECS may be advantageous where the systems are used primarily for lowering the carbon footprint and energy in support of the primary use of the property on which a system is located; and WHEREAS, the intent of this ordinance is to establish a process for locating and constructing WECS, along with standards for the construction and operation of such systems, where the systems are secondary uses to established principal uses and to amend the Seward City Code Land Uses Allowed Table to allow WECS in the RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P districts; and WHEREAS, this ordinance does not establish interconnection regulations, policies or procedures to allow WECS to connect to the Seward Electric Utility power grid; and WHEREAS, following newspaper publication for two weeks and written notice displayed in three public places, the Planning and Zoning Commission held a public hearing at its September 7, 2010 meeting and recommended City Council approval of a proposed Zoning Code amendment; and WHEREAS, the draft minutes and public records of the Planning and Zoning Commission proceedings will be provided to the City Council. CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Title 15 is hereby amended by adding a section 15.10.245 Wind Energy Conversion Systems as follows: 15.10.245. Wind Energy Conversion Systems. (a) Purpose. It is the purpose of this section to establish health and safety standards for small wind energy conversion systems (WECS) as defined in this Code, and to encourage the development of small wind energy systems. (b) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Wind Energy Conversion System (WECS). Any device or assemblage, which directly converts wind energy into usable thermal, mechanical, or electrical energy, including such devices as windmills and wind turbines, towers and supporting structures and such directly connected facilities as generators, alternators, inverters, batteries, and associated equipment. This system is designed as a secondary accessory use to existing principal uses and to existing buildings or facilities, wherein the energy generated is used primarily for consumption on the same or adjoining parcel on which it is located. Small Wind Energy Conversion System. A Wind Energy Conversion System that has a rated power capacity of not more than 100kW and is intended to produce energy primarily for on -site consumption, either instead of or as a supplement to public utility power. Total Height, Free Standing WECS. The distance measured from the preexisting natural grade to the highest point of any blade of the turbine. Total Height, Roof Mounted WECS. The distance measured from the building height to the highest point of any blade of the turbine. Wind Turbine. A device which converts the kinetic energy of the wind into a rotational energy transmitted through a drive train to a generator and where the generated power can be connected directly to the load or feed. (c) Approval Process. WECS are subject to a building permit under Seward City Code Chapter 12.05 Codes of Technical Regulation and a building permit shall be obtained prior to construction, installation or modification of the system. The Building Official shall review each building permit for compliance with the requirements of this section. The Building CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 Official shall grant approval if he or she is satisfied that the standards of this section have been met, that the applicant has sized and sited the system to reduce impacts on surrounding properties to the maximum extent feasible, and that the WECS is not otherwise prohibited by law. The applicant shall provide the Building Official documentation that the WECS meet the requirements of this section, including: (1) A description of the project, including the maximum rated power output capacity of the WECS. (2) The make, model, an illustrative photograph or brochure, manufacturer's specifications including noise decibels data for the proposed WECS, Manufacturer's Guaranteed Maximum Sound Power Level in dBA re 1pW, the support structure and method of attachment to the ground and /or structure. (3) Foundation plans designed for the installation location of the WECS and be stamped by an engineer licensed in the State of Alaska. (4) Elevation drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of ladders, climbing pegs, and access doors. aim (5) Site plans showing the installation location, including any related components, and the location of other structures, fences or retaining walls on the property. (6) For roof - mounted WECS, the owner must provide the City with certification from an engineer licensed in the State of Alaska that the roof is built to accommodate the system. (7) If the WECS is not certified as meeting the IEEE1547 standard (Institute of Electrical and Electronic Engineers), then an assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication is required. (8) A visual impact analysis of the proposed WECS as installed, which shall include color photographs of the proposed site from at least three locations accurately depicting the existing conditions. A computerized photographic simulation, demonstrating any visual impacts from strategic vantage points, is desirable and may be required at the Building Official's discretion. The applicant shall indicate any visual screening proposed to be incorporated into the project that is intended to lessen the system's visual prominence. (9) Evidence of compliance with Federal Aviation Administration requirements. CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 tire (d) Zoning and Lot Requirements. Monopole, guyed, lattice, vertical access and roof - mounted WECS are allowed outright as a secondary use in all zoning districts if they meet the following requirements and adhere to all requirements listed in this section. Only one WECS is permitted per lot in all zoning districts. (e) Development and Design Requirements. The requirements of this section shall apply to all WECS. (1) The turbine to be constructed as a component of the WECS must be approved by the Small Wind Certification Program recognized by the American Wind Energy Association (AWEA) or any other accredited organization such as the Small Wind Certification Council, National Wind Technology Certification Center, or the U.S. Department of Energy, National Renewable Energy Laboratory or must be certified by a professional mechanical engineer licensed in the State of Alaska as a system that meets or exceeds industry safety standards for small wind energy systems. (2) The total height limitations for WECS for secondary use are as follows: a. Free Standing WECS. ewe i.In RR, R1, R2, R3, UR, OR, AC, HC, CB and P, WECS are allowed as an outright use with a total height not to exceed 150 feet. ii.In I, RM and INS WECS with total height not exceeding 300 feet may be permitted. b. Roof - Mounted WECS. i. In all zoning districts WECS on buildings of 34 feet or less in total height, roof top WECS shall have a total height not to exceed 20 feet. c. Both Free Standing and Roof - Mounted WECS. i. Structures shall not interfere with Federal Aviation Administration Regulations on airport approaches. ii. In no case shall the total height of the WECS exceed manufacturer's specifications. (3) Minimum blade ground clearance in all zoning districts is fifteen feet (15'). 1 CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 (4) All portions of any WECS, including guy wires and other anchors, shall comply with the following setback standards unless otherwise specified: a. All WECS shall be setback from all property lines at least 1.1 times the height of the system, except that the setback from a lot edge abutting a lake or pond may be one half the total height of the system. b. All WECS shall be setback from all property lines so that noise generated by the system shall not exceed the 10:00 pm — 7:00 am decibel levels set forth in Table 1. SCC 9.25.020, at the closest property line to the system, as calculated with the following formula for a 6dB doubling decay curve: S 10 ^((L, +L L - .5- S1) /20) Where: S Acoustic Setback Distance in Feet I,- Manufacturer's Guaranteed Maximum Sound Power Level, in dBA re 1pW L Uncertainty Factor = 5 L Safety Factor = 2 S _ Sound Level Limit c. All WECS shall be located so that the principal structure is between the WECS and the front or side property line. d. All systems shall be setback at least 1.1 times the total height of the system from all overhead power and telecommunication lines, above ground electric and telecommunication equipment and any telecommunication towers. e. All portions of any WECS, including guy wires and other anchors, shall comply with the setback standards for the lot as shown on Table 15.10.220 Development Requirements. No part of the WECS may extend into any access or utility easements. (5) The rotating turbine shall not produce vibrations that are humanly perceptible beyond the property lines of the site not to exceed the decibel level in Table 1, SCC 9.25.020. Those who violate this provision will be subject to the penalties and remedies found in Section 9.25.035. (6) All portions of the WECS shall be a non - reflective, non - obtrusive color, subject to the approval of the Community Development Department. The appearance of the turbines, towers and any other related components shall be maintained throughout the life of the WECS pursuant to industry standards. CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 (7) All power and telemetry lines from the tower to any building or other structure shall be placed underground and an as -built indicating the locations will be provided to the Building Department. (8) No tower shall be illuminated unless required by a state or federal agency, such as the FAA. (9) No commercial advertisements, signs, or other messages shall be placed or painted on any portion of the WECS; except that a system's or tower's manufacturer's logo, inspection tags, the owner's emergency contact information and appropriate warnings as required by national, state and local laws may be displayed on a system generator housing in an unobtrusive manner. (10) WECS structure shall -be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked. No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure. (11) The installation of a WECS may not enlarge, increase or expand a nonconforming use or structure. (f) Maintenance. A WECS shall be erected and maintained plumb, level, and true and shall be repaired, painted, and maintained in accordance with this ordinance, any manufacturer's recommendations and instructions, manufacturer's and inspector's repair and maintenance schedules and with industry standards for WECS. The Building Official may order the repair or removal of any WECS that is not maintained in accordance with this section. The Building Official may also order that the WECS cease operating until satisfied that the WECS meets maintenance and operating standards. An inspection of the WECS components by a recognized Wind Turbine Inspection firm is required every 5 years and following a natural disaster. A tag indicating the firm and date of the last inspection must be displayed on the WECS. (g) Nuisances; Removal. (1) Any WECS that is not operated on a functional basis for a period of twelve (12) months is hereby declared, unlawful, abandoned, and a public nuisance. In addition to other remedies provided by this Title, the nuisance may be restrained, enjoined, or otherwise abated by the City. (2) Demolition permits are required before a person removes a WECS. The permit shall require the entire system be removed (foundations to below natural grade, collection, woe connection, and transmission equipment) and disposed of properly at the owner's sole expense. CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 lam (h) Enforcement; Abatement. (1) Failure to maintain a WECS is a violation of this Title. (2) The City may issue an enforcement order under Chapter 9.20 Public Nuisances for the repair or removal of any WECS that is not operated on a functional basis for a period of twelve (12) months or where the WECS becomes a hazard to the safety of persons or property. (3) Where the system presents no immediate hazard to health or safety, the owner shall repair or remove the system within fifteen (15) days of receipt of notification of the enforcement order. Upon agreement in writing that the owner will comply with an enforcement order to repair or remove the system if allowed additional time, the City may grant an extension of time within which to abate the public nuisance, if the City determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. If the WECS is not operational or is not removed after fifteen (15) days from the date of notification of the enforcement order, or after the time of any extension provided, the City may remove the system at the owner's expense. �.. (4) Where the City identifies an immediate health or safety hazard, and when the owner or other person responsible for the system is either not available to immediately remedy the hazard or refuses to remedy the hazard, the City may enter upon the property and disconnect, dismantle, or otherwise remove any WECS. The City shall attempt to notify any owner or other person responsible for the system of such action within forty -eight (48) hours. For purposes of this section, notice is effective the earlier of posting the notice on the property, personal delivery, or upon receipt, if sent by certified mail. (5) The costs and expenses incurred by the City in abatement of any health and /or safety hazard or of any nuisance as defined in Section 15.10.245 (h) shall be chargeable to the owner and /or may be collected in a civil action by the City. (6) A person aggrieved by an enforcement order may appeal under SCC 15.10.410. Section 2. Title 15 Seward City Code Table 15.10.225 Land Uses Allowed is hereby amended as follows: (items in BOLD and ITALIC are added to table) CITY OF SEWARD, ALASKA ORDINANCE 2010 -004 Zoning rincipally g Principally Residential Principally Commercial districts: Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS Wind Energy 0 0 0 0 0 0 0 0 0 0 0 0 0 Con version Systems (WECS) Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 11 ` day of October, 2010. THE CITY E SEWARD, ALASKA tigeti Willard E. Dunham, Mayor AYES: Valdatta, Keil, Smith, Dunham NOES: None ABSENT: Amberg, Bardarson, Shafer ABSTAIN: None ATTEST: J I. n Lewi , C C 0 Clerk ,. (City Seal) ,.�•'° tl n 4a q g . 0441 4. 64S i 1,� t ? d � . q 4 'R Y. ": 7N 1 ' o n, : A . ®; SEAL M 0 % �— AA • -A �$`'+� 1 m • . � AAOAAAANI / s ' .� OF XV,, o$4 Council Agenda Statement Meeting Date: September 27, 2010 o f Sft Through: City Manager Phillip Oates 41. From: Community Development Director Christy Terry Agenda Item: Adding Wind Energy Conversion Systems (WECS) to 4 CASK P the Seward City Code and Amending Land Uses to Allow WECS in all Zoning Districts BACKGROUND & JUSTIFICATION: In response to several public inquiries and requests to allow wind energy conversion systems (WECS) development throughout the City of Seward, a proposed Wind Energy Conversion Systems code addition and proposed code change to the Land Uses Allowed Table § 15.10.225 has been drafted. This proposed Code change would establish a process and standards for the siting, construction, and operation of WECS and allow WECS in the RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts as permitted secondary uses. Currently, the Seward City Code does not address WECS. Developing Zoning and Development Requirements for these units is important to the orderly development of our community and may provide additional benefit for the general welfare of Seward's residents. These proposed code changes WILL NOT establish interconnection regulations, policies or procedures to allow WECS to connect to the Seward Electric Utility power grid. Until interconnection regulations are adopted by Council, this proposed ordinance will ONLY allow for stand -alone systems (systems not connected to the utility grid) that could require batteries to store excess power generated for use when the wind is calm. The Seward Electric Utility Employees continue to develop future code requirements, policies and procedures, but many of the interconnection requirements are complicated and critical because they deal with life safety. In addition to their concerns about the safety of our citizens and line workers, the Electric Utility is tasked with protecting the Utility's infrastructure. While the current goal of the Electric Utility is to allow for future interconnection as a possibility, there is no assurance that the technical concerns for safety and power quality will ever be resolved to the Utility's satisfaction, and therefore, there is no guarantee that interconnection will ever be approved by Council. While the Seward Electric Utility continues to move carefully forward with their piece of the required regulations, Community Development is proposing to insure Zoning and Development requirements are in place to allow stand -alone systems and for the future possibility that WECS could connect to the utility grid. At this time there is at least one stand -alone system moving forward with construction by the end of this year. Community Development is requesting direction, in the form of this resolution and proposed ordinance, from the Commission and Council to insure to compliance with the Community's desires. Total Height Free Standing WECS: According to the Forest Service, the approximate height of trees in the Forest Acres area is about 105 feet. Using this tree height we are proposing the total height of free standing WECS not exceed 150 feet. A general rule of thumb is to install a wind turbine on a tower with the bottom of the rotor blades at least 30 feet above obstructions within about a 300 foot radius. This proposed height is slightly over that recommendation to also include an average blade height of 10 feet and to support the desire for increased efficiency due to a high rate of return with increased tower height. Please keep in mind, that while WECS of this height could be allowed, they would still have to meet all other code requirements, including the setback ratio of 1.1. Based on a minimum 1.1 setback from the property line, a 150 foot WECS would require a minimum lot size of 2.5 aces. Earlier drafts included a shorter total height of 80 feet in a Residential District, but allowed much taller WECS with a Conditional Use Permit. Using the above explanation for justifying the height simplifies the process and recognizes that the setback ratio will play a larger role in the actual height of the WECS as opposed to the height restrictions themselves. Roof Mounted WECS: Roof Mounted WECS are engineered to be much shorter and smaller than Free Standing Units because of the physical demands placed on the building. Roof WECS are also utilized with smaller lots and would still have to meet the 1.1 setback ratio. Insurance Those who install WECS need to discuss adding coverage for the structure with their homeowner's insurance company. Other communities have stated that insurance for WECS can be added to existing homeowner, farm or business policies as an "appurtenant" (uninhabited) structure and not require a separate policy. WECS Inspections Section (f) Maintenance of the proposed WECS ordinance states "An inspection of the WECS components by a recognized Wind Turbine Inspection firm is required every 5 years and following a natural disaster." We have received some general quotes from private certified inspectors that average $150 per hour plus travel expenses from Anchorage. Individual residents or businesses who have WECS on their premises could form a group to divide expenses for an inspector, which is similar to what people do for septic pumping services. Property Values There is no data that indicates property values are negatively affected by WECS. There are some arguments on the interne that the presence of WECS increases neighboring property values and that a potential home owner would be willing to pay more for a home with alternative technology. Any potential negative impacts to surrounding property owners are being mitigated with the regulations in the proposed ordinance. Noise Seward has already experienced turbine noise complaints when the Borough installed small turbines as power backup systems for our emergency warning sirens. Numerous communities have been searching for a process to accurately measure the noise production of WECS prior to installation. Many of the specification sheets for the WECS include information on the decibels produced by the units, but do not include the corresponding data of where the decibel reading is observed. The formula included in the proposed ordinance was developed by an acoustical engineer hired by the To of Phillips, Maine, in conjunction with the development of their Wind Energy Ordinance. The basic explanation of the formula is as follows: Sound is characterized by small pressure fluctuations overlaying atmospheric pressure, but the human ear doesn't respond linearly to the amplitude of sound pressure. In actuality, doubling the amplitude produces the sensation of a louder noise, but it doesn't seem twice as loud. Because of this principle, the scale used to characterize sound pressure is logarithmic. The formula below that was included in the ordinance was based on accepted principles of sound (6dB doubling decay curve) and includes our requirement that the decibel level at the property line be 50 dB. SS 10 ^((L +L„+ L -.5- 50)/20) Where: S Acoustic Setback Distance in Feet L Manufacturer's Guaranteed Maximum Sound Power Level, in dBA re 1pW L„ Uncertainty Factor = 5 L Safety Factor = 2 Once the WECS is installed, any questions regarding the sound level at the property line can be measured with a sound meter. Additional noise could be caused if the WECS isn't functioning normally or if there is unusual weather conditions. An additional requirement is included in the ordinance to address noise levels after the WECS is installed. Birds and Bats Birds and bats occasionally collide with wind turbines, as they do with other tall structures such as buildings. There have been many studies and reports examining this subject and there is conflicting information in print and on the internet. Much of the research focuses on `Wind Farms' and their larger cumulative effects. This proposed ordinance only allows one WECS per parcel. A report completed by the National Wind Coordinating Collaborative contained the following bar graph. Causes of Bird fatalities *raider ;er t 0.1001asehIes Wind Turbines i <1 fammwricaticn Towers 01 250 Pesticides 700 Vehicles 700 High Teesion lines 800 Other 1000 Cats: 1000 adociffiVAVadows 5500 Source: Erickson, et.al, 2002. Summary of ;) iccc AO., soup df -'_1 ' -' Anthropogenic Causes of Bird Mortality Wind Energy Conversion System Code Experts from Alaskan Communities Please see below for some experts from other Alaska Communities on adopted height and setback restrictions. The entire codes were provided at an earlier work session and we can provide again upon request. Anchorage Municipal Code • On buildings of 60 feet or less in height, building mounted WECS shall be no taller than 10 feet • On buildings over 60 feet in height, building mounted WECS shall be set back from the structure edge by at least two feet for every one foot of height greater than 10 feet • In no instance shall a small WECS exceed 95 feet in height • All WECS shall be setback from all property lines at least 1.1 times the height of system, except that the setback from a lot edge abutting a lake or pond may be one half the height of the system • All systems shall be setback at least 1.1. times the height of the system from all overhead power and telecommunication lines, and any telecommunications towers • The height of Utility wind energy conversion systems shall not exceed 450 feet City of Kenai • Total height of the systems in a Residential District cannot exceed 80 feet • Total height in the Heavy Industrial District may not exceeding 300 feet may be permitted; total height exceeding 300 feet requires a conditional use permit • Total height in all other districts not exceeding 150 feet may be permitted; total height exceeding 150 feet requires a conditional use permit • Total height limitation near the Kenai Municipal Airport matches recommendations outlined in the Kenai Airport Master Plan Homer • A small wind energy system may be installed only on a lot having an area not less than one acre • The distance from a small wind energy system to the closest property line may not be less than 1.1 times its total height Valdez Municipal Code • "Commercial Wind Energy System" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control and conversion electronics with a rated capacity of more than 100 Kilowatts and exceeding 170 feet in total height • "Small Wind Energy System" means a wind energy conversion systems used to generate electricity at a rated capacity of less than 100 kilowatts and whose total height is less than 170 feet and whose primary intent is to reduce onsite consumption of utility power • The minimum setback between the Small Wind Energy System and property line shall be 1.1 times its total height. INTENT: This proposed Code change would establish a process and standards for the siting, construction, and operation of WECS and allow WECS in all Zoning Districts as permitted secondary uses. Currently, the Seward City Code does not address WECS. Developing Zoning and Development Requirements for these units is important to the orderly development of our community and may provide additional benefit for the general welfare of Seward's residents. It is NOT the intent of this Ordinance to establish interconnection regulations, policies or procedures to allow WECS to connect to the Seward Electric Utility power grid. Until interconnection regulations are adopted by Council, this proposed ordinance could ONLY allow stand -alone systems CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: None. Approved by Finance Department: di & ATTORNEY AND STAFF REVIEW: YES X No The Electric Utility would like to have it clearly stated that this proposed ordinance will not allow interconnection to the Seward Electric Utility Grid. The Electric Utility Director has a general concern that the passage of this ordinance is misleading to the public regarding the current status of interconnection. Community Development has tried to address those concerns with language in the proposed ordinance, Planning and Zoning Resolution 2010 -13 and this agenda statement. RECOMMENDATION: Council enact Ordinance 2010 - t( , adding Section 15.10.245 Wind Energy Conversion Systems (WECS) to the Seward City Code and Amend Table 15.10.225. Land Uses Allowed to Allow WECS in the RR, R1, R2, R3, UR, OR, AC, HC, CB, I, RM, INS and P Zoning Districts.