§ 28-5-47. Small Wind Energy Systems.

These supplemental standards for small wind energy systems are enacted in accordance with RSA 674:62-66, and the purposes outlined in RSA 672:1. The purpose of this regulation is to accommodate small wind energy systems in appropriate locations, while protecting the public's health, safety and welfare. In addition, these regulations provide a permitting process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

(a)

Building Permit. Small wind energy systems and meteorological towers (met towers) are an accessory use permitted in all zoning districts where structures of any sort are allowed. A person shall not erect, construct, or install a small wind energy system or a meteorological tower without first receiving a building permit from the Code Administrator. A building permit shall be required for any physical modification to an existing small wind energy system. Building permits for meteorological towers shall be permitted on a temporary basis not to exceed three (3) years from the date the building permit was issued.

(b)

Roof-Top Units. Small wind energy systems to be installed on buildings shall be reviewed and approved by the Planning Board pursuant to Section 28-9-4(f), Architectural Design Review, and for those systems which are proposed to exceed the height restriction within the zoning district they are to be installed, wind energy systems shall be reviewed and approved as a conditional use pursuant to Section 28-4-1(f)(3), Appurtenant Structures. The proposed roof-top systems shall comply with subsections (3) through (10) in Section 28-5-47(g), Standards for Review.

(c)

Multiple Unit. Where multiple small wind energy systems are proposed on a site or lot, no single unit or combination of units shall exceed a rated capacity of one hundred (100) kilowatts.

(d)

Wind Units Exceeding 100 KWH Capacity. Wind energy systems exceeding a rated capacity of one hundred (100) kilowatt, either singly or in combination, shall be defined as Essential Public Utilities in the Table of Principal Uses in Section 28-2-4(k)K.11. Wind units exceeding one hundred (100) KWH capacity shall also comply with subsections (3)—(10) in Section 28-5-47(g), Standards for Review.

(e)

Applications. Applications submitted to the Code Administrator shall contain a site plan with the following information in addition to the information required for building and electrical permits required for the installation.

(1)

Property lines and physical dimensions of the applicant's property.

(2)

Location, dimensions, and types of existing major structures on the property and immediately adjacent properties within fifty (50) feet of the property line.

(3)

Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.

(4)

Tower foundation blueprints or drawings.

(5)

Tower blueprints or drawings.

(6)

Setback requirements as outlined in this Section.

(7)

A plan showing the height of nearby trees within three hundred (300) feet and the height of the proposed tower.

(8)

The right-of-way of any public road that is contiguous with the property.

(9)

Any overhead utility lines.

(10)

Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity.

(11)

Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider.

(12)

Sound level analysis prepared by the wind generator manufacturer or qualified engineer.

(13)

Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the New Hampshire State Building Code, with local amendments adopted by the City of Concord.

(14)

Evidence of compliance or nonapplicability with Federal Aviation Administration requirements.

(15)

List of abutters to the applicant's property.

(16)

A shadow flicker analysis including a plan showing the seasonal shadow patterns of the proposed facility, showing the occupied buildings on the abutting properties, showing building setback lines on the abutting properties, and including an evaluation of the shadow flicker impacts on the abutting properties including the extent and length of shadow flicker impacts.

(f)

Abutter and Regional Notification. In accordance with RSA 674:66, the Code Administrator shall notify all abutters and the local governing body by certified mail upon application for a building permit to construct a small wind energy system. The public will be afforded thirty (30) days to submit comments to the Code Administrator prior to the issuance of the building permit. The Code Administrator shall review the application for regional impacts per RSA 36:55. If the proposal is determined to have potential regional impacts, the Code Administrator shall follow the procedures set forth in RSA 36:57, IV.

(g)

Standards for Review. The Code Administrator shall evaluate the application for compliance with the following standards prior to the issuance of a building permit.

(1)

Setbacks. The setback shall be calculated by multiplying the minimum setback requirement number by the system height and measured from the center of the tower base to property line, public roads, from the nearest overhead public utility line conductor or edge of easement whichever is closer to the tower, and the nearest point on the foundation of an occupied building or the nearest building setback line of the abutting property whichever is closer to the tower. In addition, small wind energy systems must meet all setbacks for principal structures for the zoning district in which the system is located. Small wind guy wires used to support the tower are exempt from the small wind energy system setback requirements.

Minimum Setback Requirements
Occupied Buildings on Participating Landowner Property	Occupied Buildings on Abutting Property or Nearest Building Setback on Abutting Property	Property Lines of Abutting Property and Utility Lines	Public Roads
0	1.5	1.1	1.5

 

(2)

Tower. The maximum tower height shall be restricted to thirty-five (35) feet above the tree canopy within three hundred (300) feet of the small wind energy system. In no situation shall the tower height exceed one hundred fifty (150) feet.

(3)

Sound Level. The small wind energy system shall not exceed fifty-five (55) decibels using the A scale (dBA), as measured at the site property line, except during short-term events such as severe wind storms and utility outages. In addition, at the closest operable window(s) on abutting residential property the small wind energy system shall not exceed fifty-five (55) decibels or the sound levels contained in Article 13-6, Noise, of the City of Concord Code of Ordinances, whichever is less.

(4)

Shadow Flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than thirty (30) hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.

(5)

Signs. All signs including flags, streamers and decorative items, both temporary and permanent, are prohibited on the small wind energy system, except for manufacturer identification or appropriate warning signs.

(6)

Code Compliance. The small wind energy system shall comply with all applicable sections of the New Hampshire State Building Code, with local amendments adopted by the City of Concord.

(7)

Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration regulations including but not limited to 14 C.F.R. part 77, subpart B regarding installations close to airports, and the New Hampshire Aviation regulations, including but not limited to RSA 422-b and RSA 424.

(8)

Visual Impacts. It is inherent that small wind energy systems may pose some visual impacts due to the tower height needed to access wind resources. The purpose of this Section is to reduce the visual impacts, without restricting the owner's access to the optimal wind resources on the property.

a.

The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, wind generator design or appearance, buffering, and screening of ground-mounted electrical and control equipment. Except in the RO, Open Space Residential District, all electrical service shall be underground leading from the wind energy system.

b.

The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a nonreflective, unobtrusive color that blends in with the surrounding environment. Approved colors include, but are not limited to, white, off-white or gray.

c.

A small wind energy system shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.

(9)

Approved Wind Generators. The manufacturer and model of the wind generator to be used in the proposed small wind energy system must have been approved by the California Energy Commission or the New York State Energy Research and Development Authority, or a similar list approved by the State of New Hampshire, if available.

(10)

Utility Connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to RSA 362-A:9.

(11)

Access. All towers, antenna, poles and other similar equipment shall be protected by fencing, anticlimbing devices or other measures to protect the public. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(12)

Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.

(h)

Abandonment. At such time that a small wind energy system is scheduled to be abandoned or discontinued, the owner will notify the Code Administrator by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.

(1)

Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within ninety (90) days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Code Administrator. "Physically remove" shall include, but not be limited to:

a.

Removal of the wind generator and tower and related above-grade structures.

b.

Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.

c.

In the event that an owner fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous twelve-month period. After the twelve (12) months of inoperability, the Code Administrator may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice of abandonment within thirty (30) days from notice receipt date. After review of the information provided by the owner, the building inspector shall determine if the small wind energy system has been abandoned. If it is determined that the small wind energy system has not been abandoned, the Code Administrator shall withdraw the notice of abandonment and notify the owner of the withdrawal.

d.

If the owner fails to respond to the notice of abandonment or if, after review by the Code Administrator, it is determined that the small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind generator and tower at the owner's sole expense within three (3) months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the building inspector may pursue legal action to have the small wind energy system removed at the owner's expense.

(i)

Violation. A person shall not construct, install, or operate a small wind energy system that is not in compliance with this Section.

(Ord. No. 2771, § II, 10-13-09)