wind farms and WECS Testing Facilities associated with the commercial application of a WECS may be allowed as a special use within the M1–Industrial District, subject to the following requirements:
(a) All applications for special use approval shall be accompanied by the following information, in addition to the site plan required by
1. Location and height of all proposed buildings, structures, electrical lines, towers, security fencing, and other above-ground structures associated with the WECS.
2. Locations and height of all adjacent buildings, structures, and above-ground utilities located within 200 feet of the exterior boundaries of the lot or parcel where the proposed WECS will be located. Specific distances to other on-site buildings, structures, and utilities shall also be provided.
3. The location of all existing and proposed overhead and underground electrical transmission or distribution lines shall be shown.
4. Existing and proposed setbacks for the WECS from all structures located on the property where the WECS will be located.
5. The site plan submittal shall contain a written description of the procedures to be used to maintain the WECS. The description shall include maintenance schedules, types of maintenance to be performed, and removal procedures and schedules in the event the WECS becomes obsolete or is abandoned.
6. A copy of the manufacturer’s installation instructions and blueprints shall be provided to the City of Bells.
7. Drawings and engineering calculations shall be certified by a registered engineer licensed in the State of Texas.
8. A noise modeling and analysis report showing noise levels at property lines at full RPM.
9. A shadow flicker analysis shall be prepared if there is any residential buildings or public roadways within 1,000 feet of the proposed system.
1. A WECS shall be designed at a height that will not require aviation hazard lighting by the FAA. A determination of no hazard letter issued by the FAA shall demonstrate that lighting is not required prior to approval of the special use. If construction of the WECS requires FAA approval or review, then a final decision must be provided before the Planning and Zoning Commission may conduct any public hearing on a request for special exception.
(c) A WECS shall be constructed with a tubular tower, not a lattice tower.
(d) The setback for placement of a WECS shall be equal to one and a half (1-1/2) times the height of the WECS from each property line and any public road right-of-way. This may be reduced from an adjacent property that also contains a WECS, provided the spacing requirement of paragraph (f) below is met.
(e) A commercial WECS shall be set back a minimum of 1,000 feet from any residential subdivision or school.
(f) The minimum distance between two (2) WECS shall be equal to the combined height of both WECS.
(g) Blade arcs created by a WECS shall have a minimum of 135 feet of clearance over and from any structure, adjoining property or tree. The minimum blade or rotor clearance above ground level shall be at least 20 feet.
(h) Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds within 80% of design limits of the rotor.
(i) To prevent unauthorized climbing, WECS must provide an anti-climb device and/or fencing with clearly displayed adequate warning and no trespassing signage.
(j) Each WECS shall have one (1) sign, not to exceed two (2) square feet in area, posted at the base of the tower. The sign shall contain high-voltage warning, emergency numbers and emergency shutdown procedures. If the facility is fenced, signs shall be placed on the fence.
(k) A lighting plan for each WECS shall be approved by the City of Bells. The lighting plan must describe all lighting that will be utilized, including any lighting that may be required by the FAA. The plan shall include, but is not limited to, the number and location of lights, light color and whether any lights will be flashing. Strobe lights are discouraged and must be shielded from the ground if allowed. All efforts shall be made not to affect any resident with any strobe effect.
(l) A WECS shall be painted a non-obtrusive color (light environmental color such as white, beige or gray) that is non-reflective. The wind turbine base and blades shall be of a color consistent with all other turbines in the area. No striping of color or advertisement shall be visible on the blades or tower.
(m) All distribution lines from the WECS to the electrical grid connection shall be installed underground.
(n) WECS shall be designed, constructed and operated so as not to cause radio and television interference. In the event that electromagnetic interference is experienced, the applicant must provide alternate service to each individual resident or property owner affected.
(o) Noise emissions from the operation of a WECS shall not exceed 60 decibels on the DBA scale, as measured at the nearest property line or road. Equipment shall be placed so that the WECS will not exceed the maximum permitted sound pressure levels. After installation of the WECS, sound pressure level measurements shall be done by a third-party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided Planning and Zoning Commission within 60 days of the commercial operation of the project.
(p) A shadow flicker analysis shall be prepared if there is any residential building or public roadway within 1,000 feet of the proposed system. Shadow flicker caused by wind turbines is defined as alternating changes in light intensity due to the moving blade shadows cast on the ground and objects. The analysis shall identify the locations of shadow flicker that may be caused by the WECS blade rotation and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify problem areas where shadow flicker may affect residents, livestock, and traffic. The analysis shall also show measures that shall be taken to eliminate or mitigate the problems.
(q) WECS must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, the applicant shall take expeditious action to correct the situation. The applicant shall keep a maintenance log on each WECS, which the City of Bells can review on a monthly basis.
(r) Any WECS not used for six (6) successive months or longer shall be deemed to be abandoned and shall be promptly dismantled and removed from the property. All above- and below-ground materials must be removed. The ground must be restored to its original condition within 60 days of removal.
(s) Any public roads that will be used for transporting WECS equipment shall be identified with the application. The City of Bells engineer shall approve the proposed routes on any City of Bells road and the City of Bells engineer and police chief shall approve the proposed routes on any street. Any road damage caused by the transportation of WECS equipment shall be repaired to the satisfaction of the City of Bells engineer. A performance guarantee for road repair shall be required.
(t) If a special use is approved pursuant to this section, a performance guarantee shall be required which will be furnished by the applicant to the City of Bells in order to ensure full compliance with this subsection and any conditions of approval. At a minimum, the performance guarantee shall be in an amount determined by the City of Bells to be sufficient to have the WECS fully removed and the land returned to its original state should the structure or structures become abandoned, dangerous or obsolete, or not in compliance with this Ordinance or the special use approval. The performance guarantee shall be kept in full force and effect during the entire time the WECS exists.
See
§ 14.11(b) Wind Energy Conversion Systems (WECS) for complete, detailed information.
See
Permits for more information.