Mono County Municipal Code Ch. 20.05 Small Wind Energy Systems

"System" means a small wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the emerging renewables investment plan administered by the California Energy Commission and which will be used primarily to reduce onsite consumption of utility power.

(Ord. 02-04 § 1 (part), 2002.)

Small wind energy systems are only permitted when approved pursuant of this chapter and chapter 31 of Article IV of the Land Use Element of the Mono County General Plan (which is incorporated into the County Code pursuant to Section 19.00.010)

(Ord. 02-04 § 1 (part), 2002.).

Notice of an application for installation of a small wind energy system shall be provided to property owners within three hundred feet of the property on which the system is to be located.

(Ord. 02-04 § 1 (part), 2002.)

Tower heights (meaning the height above existing land surface grade of the fixed portion of the tower, excluding the wind turbine) of not more than sixty five feet shall be allowed on parcels between one and five acres and tower heights of not more than eighty feet shall be allowed on parcels of five acres or more, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.

(Ord. 02-04 § 1 (part), 2002.)

Setbacks for the system tower shall be same distance from the property line and existing utility lines as the height of the system, provided that it also complies with any applicable fire setback requirements pursuant to Section 4290 of the Public Resources Code. A smaller setback may be allowed with the written consent of a adjacent property owners.

(Ord. 02-04 § 1 (part), 2002.)

Decibel levels for the system shall not exceed the lesser of sixty decibels (dBA), or any existing maximum noise levels applied pursuant to the noise element of a general plan for the applicable zoning classification in a jurisdiction, as measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe wind storms.

(Ord. 02-04 § 1 (part), 2002.)

The system's turbine must been approved by the California Energy Commission as qualifying under the emerging renewables fund of the commission's renewables investment plan or certified by a national program recognized and approved by the energy commission.

(Ord. 02-04 § 1 (part), 2002.)

The application shall include standard drawings and an engineering analysis of the system's tower, showing compliance with the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than one thousand pounds per square foot.

(Ord. 02-04 § 1 (part), 2002.)

The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).

(Ord. 02-04 § 1 (part), 2002.)

The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

(Ord. 02-04 § 1 (part), 2002.)

The applicant must provide written information demonstrating that the system will be used primarily to reduce onsite consumption of electricity. Unless the applicant does not plan to content the system to the electricity grid, the applicant must prove that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator before a permit will issue.

(Ord. 02-04 § 1 (part), 2002.)

If a system appears to be inoperative, then the compliance specialist of the county may inquire with the applicant as to the functioning of the system. If a system is not working then the compliance specialist may request, after a reasonable correction period, that the system be removed or replaced. After twelve months of documented non-use, the county may require that the system be removed. A new permit must issue if a system is removed or replaced.

(Ord. 02-04 § 1 (part), 2002.)

Systems shall not be allowed within scenic highway corridors pursuant to Government Code Section 65892.13(d)(3)(G).

(Ord. 02-04 § 1 (part), 2002.)

In the event a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the local agency shall take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify pest control aircraft pilots registered to operate in the county pursuant to Section 11921 of the Food and Agriculture Code.

(Ord. 02-04 § 1 (part), 2002.)

Fees charged by the county to review an application for a small wind energy system shall be determined by resolution of the board of supervisors in accordance with state law, specifically Government Code Section 66000 et seq.

(Ord. 02-04 § 1 (part), 2002.)