Chapter 12.24
WIND ENERGY

Sections:

12.24.010    Purpose.

12.24.020    Findings.

12.24.030    Definitions.

12.24.040    Wind energy conversion systems—Required permits.

12.24.050    Wind energy conversion systems—Building and development permit application requirements.

12.24.060    Wind energy conversion systems—Development standards.

12.24.010 Purpose.

It is the purpose of 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 and safety will not be jeopardized. [Ord. 3429 § 1, 1983; Ord. 3360 § 2, 1983].

12.24.020 Findings.

The Board of Supervisors finds that wind energy is an abundant, renewable, and nonpolluting energy resource of the County, and that its conversion to electricity will reduce our dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources. The Board of Supervisors further finds that:

(A)    Wind turbines that convert wind energy to electricity are currently available on a commercial basis from many manufacturers;

(B)    The generation of electricity from properly sited wind turbines can be cost effective, and in many cases existing power distribution systems can be used to transmit electricity from wind generating stations to utilities or other users;

(C)    Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public. [Ord. 3429 § 1, 1983; Ord. 3360 § 2, 1983].

12.24.030 Definitions.

“Overspeed control” means a mechanism used to limit the speed of blade rotation to below the design limits of the WECS.

“Site” means the plot of land where the WECS is to be placed. The site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties.

“Swept area” means the largest area of the WECS which extracts energy from the wind stream. In a conventional propeller-type WECS there is a direct relationship between swept area and the rotor diameter.

“Total height” means the height of the tower and the furthest vertical extension of the WECS.

“Wind energy conversion system (WECS)” means a machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment. WECS refers to only horizontal axis machines. [Ord. 3429 § 1, 1983; Ord. 3360 § 2, 1983].

12.24.040 Wind energy conversion systems—Required permits.

(A)    A building permit, processed at Level II according to the regulations of Chapter 18.10 SCCC, is required for one wind energy conversion system which meets the standards prescribed in SCCC 12.24.060.

(B)    A building permit and development permit, processed at Level V according to the regulations of Chapter 18.10 SCCC, are required for two or more wind energy conversion systems on one parcel.

(C)    A building permit and development permit, processed at Level V according to the regulations of Chapter 18.10 SCCC, are required for any wind energy conversion system which varies from development standards as prescribed in SCCC 12.24.060(A) through (J). [Ord. 3429 § 1, 1983; Ord. 3360 § 2, 1983].

12.24.050 Wind energy conversion systems—Building and development permit application requirements.

Permit applications for a wind energy conversion system shall be made in writing to the Planning Director on the forms provided by the Planning Department, and shall include the following information in addition to the information required for permit applications in Chapter 18.10 SCCC (SCCC 18.10.210):

(A)    Location and elevation of all elements of the proposed WECS;

(B)    Location of all aboveground utility lines and other WECS on site or within one radius of the total height of the proposed WECS, including the furthest vertical extension of the rotor assembly;

(C)    Location and size of structures or trees above 35 feet within a 500-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open-lattice towers are not considered structures;

(D)    Where applicable, the location of all transmission facilities proposed for installation. [Ord. 3429 § 1, 1983; Ord. 3360 § 2, 1983].

12.24.060 Wind energy conversion systems—Development standards.

Wind energy conversion systems shall comply with the following requirements:

(A)    WECS Size. The swept area of the WECS shall be 1,000 square feet or less. (For conventional propeller WECS, this would be approximately 35 feet or less in diameter.)

(B)    Site. Property owners combining parcels to form a site shall have a recorded joint ownership agreement addressing power distribution, and tower maintenance and operation.

(C)    Guy Wires. Anchor points for guy wires for the WECS tower shall be located within the proposed site parameters and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed in two and three-eighths inch, plastic or metal, bolted guy guards to a height of eight feet from the ground, or the WECS shall be set back from the property line or site boundary the total height of the WECS.

(D)    Tower Access. Towers should have either: (1) tower-climbing apparatus located no closer than 12 feet from the ground; (2) a locked anticlimb device installed on the tower; (3) the tower shall be completely enclosed by a locked, protective fence at least six feet high.

(E)    Noise. The WECS shall meet the requirements of the Noise Element (Section 6.7) of the General Plan.

(F)    Electromagnetic Interference. The wind energy conversion system shall be operated such that no disruptive electromagnetic interference is caused. If it can be determined by a County Building Inspector that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.

(G)    Signs. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. No brand names or advertising on the tower, rotor, generator or tail vane shall be visible from the ground.

(H)    Height. The minimum height of the lowest part of the WECS shall be 30 feet above the highest existing major structure or tree within a 250-foot radius. For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open-lattice towers are not considered structures.

(I)    Setbacks. Except as provided for under SCCC 12.24.050(C), the WECS shall be located such that the furthest extension of the apparatus does not cross the site boundary lines. The WECS shall also comply with all setback requirements of the zone district in which it is located, as set forth in Chapter 13.10 SCCC.

(J)    Liability Insurance. The applicant, owner, lessee, or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum of $300,000 property and personal liability coverage.

(K)    Compliance with Uniform Building Code. Permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system including support structures, tower, base and footings. Drawings and any necessary calculations shall be certified in writing by a California-registered professional engineer or architect that the system complies with the Uniform Building Code. This information is frequently supplied by the manufacturer. Where the structural components or installation vary from the standard design or specification, the proposed modifications shall be certified by a California-registered professional engineer or architect for compliance with the seismic and structural design provisions of the Uniform Building Code.

(L)    Compliance with National Electrical Code. Permit applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. The application shall include a statement from a California-registered professional engineer or architect indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This information is frequently supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. 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 professional engineer or architect for compliance with the requirements of the National Electrical Code and good engineering practices.

(M)    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 professional engineer or architect 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 structural compatibility of proposed towers with the rotor selected. This certification is frequently supplied by the manufacturer.

(N)    Utility Notification. (For those WECS which will be interconnected to a utility grid): No wind turbine shall be installed until evidence has been given that the utility company has agreed in writing to accept power, and until appropriate arrangements for operating, metering and relaying requirements for parallel operation have been established. (Refer to PG&E Electric Rule No. 21: Parallel Generation—Non-Utility Owned, and PG&E guidelines “Operating, Metering and Equipment Protective Requirements for Parallel Operation of Generating Facilities.”) [Ord. 4346 § 1, 1994; Ord. 3429 § 1, 1983; Ord. 3360 § 2, 1983].