Item No: 17
Meeting Date: October 7, 2009
Item Title: Proposed text amendment to Town Code Sec 48-373 Roof Top Wind Energy
Facility, Sec 48-446(d) Wind Energy Facility, 48-7, 48-407(b)(6) and
48-444(b)(5)
Item Summary:
At their March 18, 2009 mid month meeting the Board of Commissioners initiated a text amendment to allow wind turbines in the Town. The text amendment was reviewed by the
Planning Board at their April meeting and they unanimously recommended approval.
The Public Hearing for the amendment was held on June 3, 2009. At that time, the Board of
Commissioners tabled the amendment and directed Staff to address roof top turbine height, roof top turbine breaking devices, wind turbine noise and requiring periodic safety inspections on wind turbines. The requested Ordinance changes are in bold black print for ease of identification.
At the September Board of Commissioners meeting a property owner in Old Nags Head Cove expressed his desire to install a roof top wind energy facility on his residence. Please note that this ordinance does not allow roof top wind energy facilities in the R-2 District or any other residential district.
Staff recommends adoption of this text amendment.
Number of Attachments: 3
Specific Action Requested:
Proposed zoning ordinance text amendment.
Submitted By: Planner Angela Welsh Date: September 24, 2009
Finance Officer Comment:
Insufficient information to assess precise fiscal impact.
Signature: Kim Kenny
Town Attorney Comment:
I will participate in the discussion.
Signature: John Leidy
Town Manager Comment:
I will participate in the discussion.
Signature: Cliff Ogburn
Date: September 28, 2009
Date: September 28, 2009
Date: September 28, 2009
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Planning and Development
Department
Town of Nags Head
Post Office Box 99
Nags Head, North Carolina 27959 www.townofnagshead.net
Telephone 252-441-7016
FAX 252-441-4290
Board of Commissioners
Angela Welsh, Planner
September 24, 2009
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: Proposed text amendment to Town Code Section 48-373 Roof Top Wind Energy
Facility, Section 48-446(d) Wind Energy Facility, 48-7, 48-407(b)(6) and 48-
444(b)(5) of the Town Code
At their January 21, 2009 Board of Commissioners meeting, the Board considered a request from a town property owner about the possibility of locating a wind turbine on their property.
It was Board consensus that Staff prepare a white paper which detailed the allowable height of turbines, in what districts they could be located as well as required setbacks.
At their February 18, 2009 mid month meeting the Board of Commissioners discussed the white paper and directed Staff to prepare an ordinance to regulate wind turbines in the Town.
A Model Wind Energy Facilities Ordinance provided by North Carolina Wind Working Group at
Appalachian State University was modified by Staff and reviewed by the Board at the March 18 meeting. After much discussion, the Board instructed Staff to bring back an Ordinance which would only include roof top wind energy facilities and small wind energy facilities in selected districts as described below.
After reviewing and discussing the Ordinance, at the June 3 Public Hearing, the Board of
Commissioners tabled the text amendment and directed staff to address roof top turbine height, roof top turbine breaking devices, wind turbine noise and requiring periodic safety inspections on wind turbines. The requested Ordinance changes are in bold black print for ease of identification.
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Roof top wind facilities
Roof top wind facilities as defined in the Ordinance are “no more than two (2) roof-mounted systems designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption having a total rated capacity of 10kW or less.” The height of the roof top wind energy facility shall not exceed the maximum height requirement of the district in which it is located and no more than two (2) will be allowed per site. Roof top wind energy facilities must be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained. The braking must also be used for winds exceeding optimal speeds.
Roof top wind energy facilities must comply with the provisions of the noise ordinance in Chapter 16 Article 3 of this Ordinance.
After much consideration and discussion at the March 18, 2009 meeting, it was decided by the
Board of Commissioners roof top wind facilities would be allowed, as permitted uses, in the
Hotel Overlay District, Commercial Outdoor Recreational Overlay District, and the C2 District as well as in the Ocean and Sound Waters District.
Small wind energy facilities
The Ordinance defines small wind energy facilities as “a single system designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, and associated control or conversion electronics, which has a total rated capacity of 20 kW or less.” Following an extensive discussion the Board established that the maximum height may not exceed 105’. Small wind energy facilities must also be set back 1.1 times the wind turbine height from all property lines and rights-of-way. For example, if a turbine is 100 feet in height, it would need a setback of
110 feet from most property lines except for estuarine waters where it must be a minimum of
30’ from the mean high water lines as determined by CAMA. The clearance for rotor blades must be at least 24’ between their lowest point and the ground or any structure other than the tower. Small wind energy facilities must be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained. The braking must also be used for winds exceeding optimal speeds.
Small wind energy facilities must comply with the provisions of the noise ordinance in Chapter 16 Article 3 of this
Ordinance.
At their March 18, 2009 meeting, the Board stated small wind energy facilities should only be allowed as conditional uses in the Hotel Overlay District and the Commercial
Outdoor Recreation Overlay District. The Hotel Overlay District encompasses the Commercial
Outdoor Recreation Overlay District; therefore, the attached ordinance only addresses small wind energy facilities in the Hotel District.
Two requests for wind energy facilities have been approved within the last year. A turbine with a maximum height of 75’ was approved for Jockeys Ridge State Park and 3 turbines 105’ in height, above the pier deck, were approved for the Jennette’s Pier project.
Medium and large wind energy facilities can reach several hundred feet in height and after much discussion the Board of Commissioners determined they did not want them located in the
Town at this time.
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As presented to the Board of Commissioners guy wires towers will be prohibited and the color of wind energy facilities must be an unobtrusive color such as off-white, white or gray. They cannot be artificially lighted except to the extent required by the Federal Aviation Administration or other authority which regulates air safety. Wind facilities will also not be allowed to display advertising except for manufactures identification as well as decorative items such as flags and streamers.
Land Use Plan
The 2000 Land Use and Water Plan does not discuss wind energy facilities. However, the Draft
2006 Land Use Plan states, “The Town is cognizant that many forms of energy production result in the release of carbon dioxide and potentially contribute to global warming. Some forms of alternative energy production do not result in the release of greenhouse gases most notably the use of wind turbines and electric generation by solar energy. While these forms of energy production do not contribute greenhouse gases, they can have a negative visual impact on the aesthetics of the Town. The Town will consider, on an experimental basis, the use of wind turbines by government entities only after the Town carefully reviews the advantages and disadvantages of alternative energy production and their effect on the visual environment.”
At the March 18, 2009 Board of Commissioners meeting Staff noted, during discussions about policies in the 2006 Draft Land Use Plan, the Board reviewed the above suggested policy and at the request of Charlan Owens, DCM District Planner should the Town allow wind turbines for other than Government entities, the Town will need to address another policy that reads in part the Town will consider the use of wind turbines by private entities.
Staff also explained to the Board of Commissioners that in staff’s opinion the only regulatory influence we may have to not allow medium and large wind facilities in the Ocean and Sound
Waters District is through our Land Use Plan. Any development permit issued by the Division of
Coastal Management for wind turbines would have to be consistent with our Land Use Plan.
Should the Board of Commissioners decide to exclude medium and large wind energy facilities from our ocean and Ocean and Sound Waters District, the Town may want to address this in a
Land Use Plan policy. The Board will discuss this during a review of the Draft Land Use Plan later in the year.
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To summarize the proposed Ordinance:
Roof top wind energy facilities:
1. are allowed as a permitted use in only the Hotel Overlay District,
the C2 District and the Ocean and Sound Waters District.
2. the height shall not exceed the maximum height requirement of the district in which it is located.
3. must comply with the provisions of the noise ordinance in
Chapter 16 Article 3 of this Ordinance.
4. must be equipped with a braking device and emergency shutoff to
Small wind energy facilities:
1. are allowed as a conditional use in the Hotel Overlay District.
2. Maximum height cannot exceed 105’
3. Setback from property line is 1.1 times the height of the wind energy facility
4. No guy wire towers are allowed
5. must comply with the provisions of the noise ordinance in
Chapter 16 Article 3 of this Ordinance.
6. must be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained. The braking must also be used for winds exceeding optimal speeds. keep the rotor stationary while the turbine is being inspected or maintained. The braking must also be used for winds exceeding optimal speeds.
At the March 18th Board of Commissioners meeting a question was raised regarding insurance.
Staff contacted Fletcher Willey, a local insurance agency, and Mr. Fletcher indicated that there are insurance companies who will issue policies on wind turbines.
Land Use Plan Consistency Review
Staff finds the proposed Ordinance to be consistent with the 2000 Land Use Plan.
Staff Recommendation
Staff recommends adoption of this Ordinance.
Attached is the Wind Energy Facilities Ordinance as well as maps of the C2 District and the
Hotel Overlay and Commercial Outdoor Recreation Overlay Districts.
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA
BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:
PART I. That Section 48-373 Roof Top Wind Energy Facility be amended as follows:
(a)
(b)
(c) constructed unless a development permit has been issued to the owner of the property. The permit application shall contain the following additional information:
(1) The development permit application shall contain the following: narrative describing the proposed wind energy facility, the proposed total rated capacity of the wind energy facility, the proposed number, types and height of Roof Top
Wind Energy Facilities to be constructed.
(d)
to the following:
(1) No more than two (2) roof top wind energy facilities per site.
(2) The power generated is for on-site consumption only.
(3) The combined total rated capacity shall be 10 kW or less.
(2)
The height for the Wind Energy Facility, Roof Top shall not exceed the maximum height requirement of the district in which it is located.
(2) Other relevant information may be reasonably requested by the Town of Nags Head to ensure compliance with the requirements of this Ordinance.
.
where permitted as an accessory use subject
. No Roof Top Wind Energy Facility, shall be
(1) All structural, electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes at the time of application. Installed facilities shall be reinspected every five (5) years by a licensed engineer for structural integrity with an inspection report to be provided to the Department of Planning and Development.
shall be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained.
The braking device shall also be used for winds exceeding optimal speeds.
(3) The visual appearance of wind energy facilities shall at a minimum: a. Be a non-obtrusive color such as white, off-white or gray. b. Not be artificially lighted, except to the extent required by the Federal
Aviation Administration or other applicable authority that regulates air safety.
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c. Not display advertising except for manufactures identification. d. No flags, streamers or decorative item shall be attached to the wind energy facility.
(4) Roof top wind energy facilities shall comply with the provisions of
Chapter 16 Article 3 of this Ordinance.
PART II. That Section 48-446 (c) Wind Energy Facility be amended as follows:
(2)
Overlay District, as well as the principal uses in the underlying C-2 General Commercial
District, provided the following requirements are met and requirements imposed by the board of commissioners as provided in article XIX of this chapter: a. times the wind turbine height from all property lines and rights of way. The setback from estuarine waters shall be a minimum of thirty (30) feet measured from the mean high water as determined by CAMA. b. feet measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation. c.
Small Wind energy facility (s) shall be set back a minimum distance of 1.1
. The wind turbine height of a small wind energy facility shall not exceed 105
as an accessory use to principal uses listed in the Hotel
. Rotor blades on wind energy facilities must maintain at least 24 feet of clearance between their lowest point and the ground or any structure other than the supporting tower. d.
1. Guy wire towers are prohibited.
2. The installation and design of the small wind energy facility shall conform to applicable industry standards, including those of the American
National Standards Institute and all applicable local, state and national codes. Installed facilities shall be reinspected every five
(5) years by a licensed engineer for structural integrity with an inspection report to be provided to the Department of Planning and Development.
3. All structural, electrical and mechanical components of the small wind energy facility shall conform to relevant and applicable local, state and national codes at the time of application.
4. No wind energy facility may be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer small wind energy facility. Off grid systems shall be exempt from this requirement.
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5 and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained. The braking device shall also be used for winds exceeding optimal speeds.
6. All on-site collector wiring shall be placed underground.
Wind Energy Facility. shall be equipped with a braking device
7. The visual appearance of the Small Wind Energy Facility shall at a minimum: i. Be a non-obtrusive color such as white, off-white or gray; and ii. Not be artificially lighted, except to the extent required by the
Federal Aviation Administration or other applicable authority that regulates air safety; and, iii. Not display advertising except for manufactures identification iv. No flags, streamers or decorative item shall be attached to the
8. Small wind energy facilities shall comply with the provisions of Chapter 16 Article 3 of this Ordinance. e.
1.
The Small Wind Energy Facility owner shall have six (6) months to
complete decommissioning of the facility if no electricity is generated for a continuous period of twelve (12) months.
2. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities. f.
1. No Wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed unless a development permit has been issued to the facility owner approving construction of the facility under this Ordinance. Permit application of the expansion shall be based on the total rated capacity, including existing facility but excluding like-kind replacements.
2. Any physical modification to an existing and permitted wind energy facility that materially alters the size and/or type of wind turbines or other equipment shall require a development permit modification under this Ordinance. g.
1. The Development permit application shall contain the following: a narrative describing the proposed wind energy facility, including an
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overview of the project, the proposed total rated capacity of the wind energy facility, the proposed number, types and height of wind turbines to be constructed; and a description of ancillary facilities.
2. A site plan showing the planned location of all wind turbines, property lines demonstrating compliance of the setbacks;
3. Certification of compliance with applicable local, state and federal regulations, such as FAA and FCC regulations.
4. Other relevant information may be reasonably requested by the Town of
Nags Head to ensure compliance with the requirements of this Ordinance.
5. Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored .
PART III. That Section 48-7 Definitions of specific words and terms be amended as follows:
shall not exceed the maximum height requirement of the district in which it is located.
is the distance measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
is 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 & facilities.
is a single system designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, and associated control or conversion electronics, which has a total rated capacity of 20 kW or less.
no more than two (2) roof-mounted systems designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption having a total rated capacity of 10 kW or less .
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PART IV. That Section 48-407(b)(6) C-2 General Commercial District be amended as follows:
(6) Customary accessory uses and structures, including private swimming pools, private docks, minor communication towers, dish antennas and home occupations, and roof top wind energy facilities.
PART V. That Section 48-444(b)(5) Ocean and Sound Waters District be amended as follows:
(5) Customary accessory uses and structures, including private swimming pools, private docks and estuarine bulkheads, all subject to the conditions and limitations of subsections
(b)(3) and (4) of this section. Roof Top Wind energy facility subject to requirements of section
48-373.
PART VI. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall be in full force and effect from and after the _______ day of _____________, 2009.
M. Renée Cahoon, Mayor
Town of Nags Head
ATTEST:
Carolyn F. Morris, Town Clerk
APPROVED AS TO FORM:
John Leidy, Town Attorney
Date adopted:
Motion to adopt by Commissioner
Motion seconded by Commissioner
Vote: AYES NAYS
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