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Public Notice ORDINANCE NO. 176,3rd Series

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Public Notice

ORDINANCE NO. 176,3rd Series

AN ORDINANCE OF THE CITY OF

WADENA, MINNESOTA CREATING

REGULATION OF WIND ENERGY

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CONVERSION SYSTEMS

THE CITY COUNCIL OF THE CITY OF

WADENA, ORDAINS:

SECTION 11.22. WIND ENERGY

CONVERSION SYSTEMS (WECS)

Subd. 1. Purpose.

The purpose of this section is to regulate

the installation and operation of Wind Energy

Conversion Systems (WECS) within the City

of Wadena for the safety and wellbeing of

the citizens. This Ordinance is to establish

regulations not otherwise subject to the siting

and oversight by the State of Minnesota.

Subd. 2. Definitions.

The following definitions apply to this sec-

tion of the Code.

WECS - Wind Energy Conversion System:

An electrical generating facility comprised of

one or more wind turbines and accessory fa-

cilities, including and not limited to: power

lines, transformers, substations and mete-

orological towers that operate by converting

the kinetic energy of wind into electrical en-

ergy. The energy may be used on-site or dis-

tributed to the electrical grid.

Meteorological Tower --For the purposes

of this WECS Ordinance a meteorological

tower is a temporary tower which is erected

to gather data on wind speed and direction

plus other data relevant to the siting of a

WECS.

Subd. 3. Special Requirements.

A. Wind energy conversion systems regu-

lated by this section shall only be allowed

within any Zoning District as a Conditional

Use and Permitted as prescribed under the

Wadena Zoning Ordinance. In addition a

Land Use and Zoning permit must be ob-

tained.

B. Only one (1) WECS system is permitted

on any one (1) lot.

Subd. 4. Application requirements.

A. A site plan drawn to scale and dimen-

sioned including all structures, buildings,

above ground utilities and trees on the lot

where the WECS is to be installed.

B. The elevations of all items mentioned

above.

C. The proposed location of the WECS in-

cluding the location of guy wire anchors.

D. The location and elevation of all struc-

tures within 350 feet of the exterior boundar-

ies of the property of installation of the

WECS.

E. A description of the project including

name plate generating capacity, tower

height, rotor diameter and means of inter-

connection with the electrical grid.

F. Standard drawings of the structural

components of the WECS and support struc-

tures including base and footings shall be

provided as certified by a Minnesota licensed

engineer.

G. A contract or agreement with the affect-

ed electrical power supplier for excess power

fed back into the electrical grid.

H. A permit or letter from the FAA or

MNDOT Aeronautics related to the use of air

space.

I. Other Local, County, State and Federal

permits as may be required.

Subd. 5. Meteorological Towers.

A. An interim permit will be issued for a

Meteorological tower for a period not to ex-

ceed eighteen (18) months by the City of

Wadena Planning and Zoning Director.

B. The Meteorological tower is subject to

the same setback regulations as a WECS.

C. No tower shall have affixed or attached

lights, reflectors, flashers or any other illumi-

nation, except for those required by the Fed-

eral Aviation Administration.

D. Any Abandoned or obsolete temporary

tower shall be removed within thirty (30)

days from the cessation of operation at the

site.

E. The temporary meteorological tower

shall be erected to meet all standards for

wind resistance and weatherability to not be

a safety hazard or nuisance.

Subd. 6. Performance Standards.

A. A WECS may not interfere with hospital

heliport approach/departure corridors.

B. The permitted maximum height of a

WECS shall be measured from the base of

the tower to the highest possible extension

of the rotor and shall not exceed one hun-

dred and seventy-five (175) feet

C. No part of a WECS (including guy

wires) shall be located within or above any

required front, side or rear yard setback.

WECS towers shall be set back from the

closest property line one (1) foot for every

one (1) foot of system height.

D. No rotor blades may extend over drive-

ways, sidewalks or parking areas and must

not be within twelve (12) feet of the ground.

The maximum diameter of the rotor shall not

exceed twenty six (26) feet.

E. WECS shall not be located within thirty

(30) feet of an above ground utility line.

F. Blade arcs created by the WECS shall

have a minimum of thirty (30) feet of clear-

ance over any structure within a two hundred

(200) foot radius.

G. Each WECS shall be equipped with

both a manual and automatic braking device

capable of stopping the WECS operation in

high winds (40 miles per hour or greater).

H. Each WECS shall be grounded to pro-

tect against natural lightning strikes in con-

formance with the national electric code.

I. To prevent climbing by unauthorized

people, the tower must comply with one of

the following:

a. Tower climbing apparatus shall not be

located within twelve (12) feet of the ground.

b. A locked anti climbing device shall be

installed on the tower.

c. Towers capable of being climbed shall

be enclosed by a locked, protective fence at

least six (6) feet high.

J. WECS shall have a sign posted at the

base of the tower containing the following in-

formation:

a. A high voltage warning.

b. The manufacturer's name.

c. An emergency phone number.

d. Emergency shutdown procedures.

e. This sign must be easily legible and

not over four (4) square feet in size.

K. WECS shall not have affixed or at-

tached any lights, reflector, flasher or any

other illumination except for illumination de-

vices required by the FAA.

L. WECS shall be designed and construct-

ed not to cause radio, television or other

communication interference.

M. Noises created by the operation of the

WECS shall be in compliance with and regu-

lated by the State of Minnesota Pollution

Control Standards, Minnesota Regulations

NPC 1 and 2, as amended.

N. All electrical equipment and connec-

tions shall be designed and installed in com-

pliance with the Electrical Code.

Subd. 7. Conditions of Permit.

A. Ornamental wind devices that are not a

WECS shall be exempt from this section.

B.If a WECS is not maintained in opera-

tional condition and poses a potential safety

hazard or a nuisance, the owner shall be

take expeditious action to correct the situa-

tion.

C. Any WECS or tower which is not used

for twelve (12) successive months shall be

deemed abandoned and shall be dismantled

and removed from the property at the ex-

pense of the property owner.

D. Right of Entrance - By the acceptance

of the Conditional Use Permit, The own-

er/operator grants permission to the City of

Wadena to enter the property to assure com-

pliance with all conditions set forth in this

section.

Adopted by the City Council of the City of

Wadena this 12th day of May 2009.

____(signed)____

Bradley Swenson

City Administrator

____(signed)____

Wayne Wolden

Mayor

March 16, 2009

118555-907813

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