Victorville Municipal Code Art. 13 Wind Energy Conversion System Regulations

The City Council of the City adopts the ordinance codified in this Chapter to promote the effective and efficient use of wind energy conversion systems (WECS) and to regulate the placement of wind energy conversion systems so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized.

The City Council of the City finds and declares that wind energy is an abundant, renewable, and nonpolluting energy resource in certain areas of the City and that its conversion to electricity will reduce our dependence on nonrenewable fossil fuel, supplement existing energy sources, and decrease the air and water pollution that results from the use of conventional energy sources.

If a wind energy conversion system is permitted pursuant to Chapter 3 Article 2 of this Code, it shall be subject to the following regulations:

(a) Building Permit Application for a WECS. Building permit applications for a wind energy conversion system shall be accompanied by a plot plan drawn in sufficient detail to clearly describe the following:

(1) Property line and physical dimensions of the site;

(2) Location, dimensions, and types of existing structures and uses on site;

(3) Location of the proposed WECS;

(4) Location of all aboveground utility lines on-site or within one radius of the total height of the WECS;

(5) Location and size of the largest structure taller than thirty-five feet or tree which may potentially grow taller than thirty-five feet during the lifetime of the WECS within a five hundred feet radius of the proposed WECS. Other WECS are excluded.

(b) General Provisions. Installation of all wind energy conversion systems shall comply with the following requirements:

(1) Size. This Chapter covers those WECS whose swept area is five hundred square feet or less. For conventional propeller WECS, this would be approximately twenty-five feet diameter.

(2) Compliance with California Building Code and California Electrical Code, as applicable. Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable. Drawings and engineering calculations shall be certified in writing by a California-registered structural engineer. This certification can be supplied by the manufacturer.

Where the structural components of an installation vary from the standard design or specifications, the proposed modifications shall be certified by a California-registered structural engineer for compliance with the seismic and structural design provisions of the California Building Code and California Electrical Code, as applicable.

All equipment and materials shall be used or installed in accordance with such drawings. The above certifications by a California-registered structural engineer shall be deemed to satisfy all applicable requirements of the California Building Code and California Electrical Code, as applicable.

(3) Compliance with California Electrical Code. Building permit applications shall be accompanied by a drawing identifying the location of metering, protection and control devices, and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to the California Electrical Code. The application shall include a statement from a California-registered electrical engineer indicating that the electrical system conforms with good engineering practices and complies with the above articles of the California Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. This certification can be supplied by the manufacturer.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California-registered electrical engineer for compliance with the requirements of the California Electrical Code and good engineering practices.

(4) Rotor Safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of possible towers with available rotors. That certification can be supplied by the manufacturer must be established.

(5) Guy Wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the WECS shall be set back from the property line the total height of the WECS.

(6) Tower Access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either:

(i) Tower-climbing apparatus located not closer than twelve feet from the ground;

(ii) A locked anti-climb device installed on the tower; or

(iii) The tower shall be completely enclosed by a locked, protective fence at least six feet high.

(7) Noise. The maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table 16-5.13.030(7)1, after applying the corrections shown in Table 16-5.13.030(7)2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3-1944, American Standards Association, Inc., New York, N.Y., and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used. When notified by a City Building Inspector that a wind energy system is not in compliance with the above noise standards, the operator shall immediately bring the wind energy conversion system into compliance with the noise standards or cease operations.

Table 16-5.13.030(7)1 Sound Pressure Level Limits

If the noise is not smooth and continuous and is not radiated between the hours of ten p.m., and seven a.m., one or more of the corrections in Table 16-5.13.030(7)2 shall be applied to the octave band levels given in Table 16-5.13.030(7)1.

Table 16-5.13.030(7)2 Sound Pressure Level Corrections

2. Apply any of these corrections only.

3. Apply one of these corrections only.

(8) Electromagnetic Interference. A wind energy conversion system shall comply with the provisions of 47 C.F.R., Parts 15 and 18. The wind energy conversion system shall be operated such that no harmful interference is caused. When notified by a City Building Inspector that a wind energy conversion system is causing harmful interference, the operator shall immediately eliminate the harmful interference or cease operations.

(9) Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall also include:

(i) Emergency phone number; and

(ii) Emergency shutdown procedures.

(10) Utility Notification. No wind turbine shall be interconnected with a utility company's grid until the company has been notified in accordance with procedures established by the California Public Utilities Commission.

(11) Height. The minimum height of the lowest part of the WECS shall be either thirty feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a two-hundred-foot radius. If an obstruction is within two-hundred-one-foot to five-hundred-foot radius, the lowest part of the WECS shall be ten feet above it.

(12) Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any property lines, except as provided for under subsection (a) of Section 16-5.13.030.

(13) Abatement. If a wind energy conversion system or systems are not maintained in operational condition and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City determines that the WECS has been abandoned, the system shall be removed within thirty days of written notice to the owner or operator of the system.

If any provision of this Chapter or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable.