ORDINANCE NO. BL2009-477

ORDINANCE NO. BL2009-477

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to add “Wind Energy Facility (small)” and “Wind Energy Facility (utility)” as land uses, all of which is more particularly described herein (Proposal No. 2009Z-006TX-001).

WHEREAS, wind energy is an abundant, renewable, and nonpolluting energy resource;

WHEREAS, the conversion of wind to electricity will reduce our nation’s dependence on non-renewable energy sources;

WHEREAS, wind energy facilities can enhance the reliability and power quality of the nation’s power grid, reduce peak power demands, and help diversify the State of Tennessee’s energy supply portfolio;

WHEREAS, wind energy facilities need to be placed, designed, constructed, monitored, and, if abandoned, removed to address public safety and to minimize impacts on surrounding uses, including residential uses, commercial uses, scenic, natural, and historic resources.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the following definitions related to wind energy facilities be inserted in Section 17.04.060 (Definitions of General Terms) of the Metropolitan Code:

Wind Energy Facility (small): A wind energy facility consisting of one tower, one turbine, and having a rated capacity of not more than 100kW.

Wind Energy Facility (utility): A wind energy facility consisting of two or more towers with turbines, or having a rated capacity of 100kW or more, and where the primary use of
the facility is electrical generation to be sold to the wholesale electricity markets.

These terms regarding wind energy systems are referenced:

1. “Blade Glint” means the intermittent reflection of the sun off the surface of the blades of a single or multiple wind turbine(s).
2. “Distance” means a measurement made in a straight line, without regard to intervening structures or objects, from the wind turbine’s center toward the specified distance required by this title.
3. “Height” means the vertical distance from pre-development grade to the tip of the wind turbine blade at its highest point, or blade-tip height.
4. “Nacelle Body” means the structure at the top of the wind turbine that is separate from the blades and comprises the rotor shaft, gearbox, and generator.
5. “Occupied Building” means a residence, church, hospital, school, day-care, community education facility, or library.
6. “Shadow Flicker” means the effect when the blades of an operating wind turbine pass between the sun and an observer, casting a readily observable, moving shadow on the observer and his/her immediate environment
7. “Wind Energy Facility” means a wind turbine and all associated equipment, machinery and structures utilized to convert wind to electricity. This includes, but is not limited to, towers, transmission, storage, collection and supply equipment, substations, transformers, and service and access roads.
8. “Wind Turbine” means a device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Section 2. Modify Section 17.08.030 (Zoning District Land Use Table: Utility Uses) of the Metropolitan Code by adding “Wind Energy Facility (small)” as a use permitted with conditions (PC) in all zoning districts and “Wind Energy Facility (utility)” in a Specific Plan (SP) district permitting such use as adopted by the Metropolitan Council.

Section 3. Modify Section 17.16.100 (Uses Permitted With Conditions: Utility Uses) by inserting “C. Wind Energy Facility (small)” as follows:

C. Wind Energy Facility (small)

1. Applicability. The wind energy facility shall comply with the standards of this title; however, where a facility cannot comply, the applicant shall be required to submit for a special exception permit. The special exception permit request shall be accompanied by a written document that identifies and describes the facility’s compliance with the standards. Where compliance is not possible, the document will detail why the standards cannot be met, and what alternative standards are proposed by the applicant.
2. Height. The height of any facility, whether building – or tower-mounted, shall not exceed fifteen (15) feet above the maximum building height allowed for the primary use in the subject zoning district as provided in this title.
3. Setback. The facility shall not be sited within (a) a distance equal to the height of the facility from any occupied buildings, or private ways that are not part of the wind energy facility; or (b) one point five times (1.5x) the facility’s height from the nearest property line, whichever is greater.
4. Guy Wires. No guy wire anchors shall extend closer than five (5) feet to the property line. All outer and innermost guy wires must be must be marked and clearly visible to a height of six (6) feet above the guy wire anchors.
5. Signs and Advertising. An information sign identifying the facility owner, facility manufacturer, and a 24-hour emergency contact phone number, along with warning sign(s) shall be required on the facility. In addition, an educational sign may be provided about the facility and the benefits of renewable energy. All such signs shall comply with the base zoning district’s sign regulations for a non-residential use as provided in this title. No other advertising signs shall be allowed on or around the facility.
6. Lighting. No lighting of the facility shall be permitted, except warning lights as required by state or federal law.
7. Appearance. All components of the facility shall be in a neutral, non-reflective exterior color designed to blend with the surrounding environment.
8. Noise. The facility shall not generate noise in excess of 60 decibels (dBA) measured at the closest neighboring occupied building, except during short-term events such as utility outages and severe windstorms.
9. Separation Distance. The facility shall be located a minimum of 1,000 feet from any other wind energy facility.
10. Shadow, Blade Glint, and Flicker. The facility shall be sited to minimize shadow, blade glint, and flicker impacts on any property within a minimum distance of 600 feet of the site property line.
10. Utility Notification Plan. No wind energy facility shall be installed until the Nashville Electrical Service approves the applicant’s site plan.
11. Emergency Plan. The facility shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
12. Abandonment. The applicant or property owner shall provide proof of the
establishment of a financially secure and legally enforceable method of removing a wind energy facility when it ceases to be used for a period of twelve (12) consecutive months. This financial assurance can be provided through a sinking fund, a lien upon land which has a greater unencumbered appraised value than the cost of removal of the wind energy facility, a removal bond, a letter of credit or any alternative financial arrangement which is approved by the director of finance as to financial adequacy and the department of law as to legal enforceability. If the applicant or landowner owns more than one (1) wind energy facility, a blanket removal bond or alternative financial assurance may cover multiple sites.
13. Site Plan. No wind energy facility shall be erected, constructed, installed or modified as provided in this section without first undergoing site plan review and obtaining a building permit. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Tennessee as a mechanical, structural, or civil engineer. The required site plan shall show, identify, display, dimension, and/or demonstrate the following:
a. All property lines and existing buildings/structures on site and within 600 feet of the site. For buildings/structures, the purpose of each will be labeled on the plan as well as the distance of each from the facility.
b. Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment on the site parcel and within 600 feet of its boundary.
c. Any existing overhead utility lines;
d. Existing areas of tree cover, including average height of trees, on the site parcel and any adjacent parcels within a distance, measured from the wind turbine foundation, of 1.2 times the height of the wind turbine;
e. Location of each existing wind energy facility, regardless of size or operational condition that are within 2,000 feet of the proposed facility.
g. Proposed changes to the landscape of the site, grading, screening, vegetation clearing and planting, any required FAA lights;
h. Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Tennessee as a mechanical, structural, or civil engineer demonstrating the facility is designed to meet the most stringent wind requirements;
i. A statement by an engineer licensed in the State of Tennessee certifying that the proposed wind turbine will meet the noise standard established by this section. The engineer shall be certified by the Institute of the Noise Control Engineering of the USA (INCE/USA).
l. One or three line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
m. Documentation of the wind energy facility’s manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;
n. Photo visualizations of the facility pre- and post-construction shall be provided by the applicant in color showing how the facility will look, once installed. The visualizations will be from a minimum of three sight lines, including the nearest occupied building with a view of the wind facility, excluding buildings owned by the applicant or property owner.
o. An operation and maintenance plan shall be submitted for the facility.

Section 4. That this Ordinance shall take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	June 2, 2009
Passed First Reading:	June 2, 2009
Referred to:	Planning Commission - Approved 10-0 (June 11, 2009) Planning & Zoning Committee
Passed Second Reading:	July 7, 2009
Deferred:	July 21, 2009
Amended:	August 6, 2009
Passed Third Reading:	August 6, 2009
Approved:	August 10, 2009
By:
Effective:	August 13, 2009