2011-088s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc
ORDINANCE NO. 2011-088
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING A NEW DIVISION 3
TO CHAPTER 26, ARTICLE III OF THE DENTON CODE OF ORDINANCES,
REGULATING THE USE AND INTERCONNECTION OF WIND ENERGY CONVERSION
SYSTEMS; AMENDING SUBCHAPTER 35.5 OF THE DENTON DEVELOPMENT CODE
TO SPECIFY ZONING RESTRICTIONS APPLICABLE TO WIND ENERGY CONVERSION
SYSTEMS AS A USE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, wind energy is an abundant, renewable, and nonpolluting energy resource
and its conversion to electricity may assist with reducing dependence on nonrenewable energy
resources and decrease air and water pollution resulting from conventional energy sources; and
WHEREAS, wind energy conversion systems may assist with reducing peak power
demands and help diversify citizens' energy supply; and
WHEREAS, while the City encourages renewable and nonpolluting energy sources,
wind energy conversion systems used to produce electricity must meet the City's goal of
protecting and promoting public health, safety, and welfare of the community; and
WHEREAS, the City recognizes that it is in the public interest to permit wind energy
conversion systems consistent with the regulations hereinafter adopted by this Ordinance; and
WHEREAS, based upon a survey and review of experiences in other communities, the
City finds that the unregulated installation of wind energy systems within the City carries the
potential for threatening the health safety and comfort of the citizens, and can have negative
impacts due to noise and visual aesthetics. Due notice was given to the public of a public
hearing for the purpose of determining whether the City Council of the City of Denton, Texas
should enact an Ordinance controlling Wind Energy Conversion Systems in the City of Denton,
Texas; and
WHEREAS, the Public Utilities Board of the City of Denton, Texas has recommended
approval of the standards contained in Section 3 of this ordinance; and
WHEREAS, after a public hearing held in accordance with State law, the Planning and
Zoning Commission of the City of Denton, Texas has recommended approval of the provisions
contained within Sections 4 and 5 of this ordinance; and
WHEREAS, the City Council of the City of Denton, Texas has considered the matter
and deems it appropriate and in the best interest of the public and the City to regulate the
installation and operation of Wind Energy Conversion Systems by passage of this Ordinance;
NOW THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts and recitations contained and cited in the preamble hereof are
hereby found and determined to be true and correct and are incorporated herein by reference.
SECTION 2. The City Council finds that is it in the best interests of public health,
safety and welfare to define standards governing the installation and operation of wind energy
conversion systems.
SECTION 3. Article III, Division 3 of Chapter 26 of the Denton Code entitled "Wind
Energy Conversion System" is herby added, commencing with section 26-115, to read as
follows:
DIVISION 3. WIND ENERGY CONVERSION SYSTEMS
26-115 Definitions.
For the purposes of this division, the following terms, phrases, words, abbreviations, and their
derivations shall have the meaning given herein. When not inconsistent with the context, words
used in their present tense include the future tense, words in plural include the singular, and
words in the singular include the plural. The word "shall" is always mandatory and not merely
directory. Words not defined shall be given their common and ordinary meaning.
ANSI means the American National Standards Institute.
Blade arc sphere is the three-dimensional sphere in the air created by the 360 degree rotation of
the blades combined with the 360 degree rotation of the WECS nacelle.
Building-mounted WECS is any WECS that is mounted directly to a building's roof, chimney,
vent stack, cooling tower, dome, spire, or other similar structure, rather than a free-standing
monopole support structure.
Decibel means the unit of measure used to express the magnitude of sound pressure and sound
intensity.
Free-standing WECS is any WECS that is self-supporting via a monopole support system or is
and not mounted to a building or structure in any way.
FAA means the Federal Aviation Administration.
Height, for the purposes of this section, is measured from the average natural ground level to the
highest point of the arc of the blades' elevation for free standing WECS. If a free-standing
WECS does not use blades, then height is measured from the average natural ground level to the
highest point of the WECS. For building-mounted WECS, the height shall be measured from the
base of the WECS where it is mounted on the building to the highest point of the arc of the
blades' elevation. If the building-mounted WECS does not use blades, then height is measured
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from the base of the WECS where is mounted on the building to the highest point of the WECS.
See "Limitations", Subchapter 35.5 of Denton Development Code, for additional information regarding
height of building mounted WECS.
Nacelle is a streamlined enclosure that connects the blades and WECS hub to the WECS support
device and houses specific mechanical parts including, but not limited to braking mechanisms,
shafts, gearboxes and generators.
Sound Pressure means the average rate at which sound energy is transmitted through a unit area
in a specific direction, as measured at a receiver.
Sound Pressure Level means the sound pressure as measured on a logarithmic scale and reported
in decibels.
Tower Height shall mean the height above grade of the fixed portion of the tower, excluding the
wind turbine and blades.
Turbine shall mean the parts of a Wind Energy System including, but not limited to, the blades,
generator and tail.
Wind Energy Conversion System or WECS shall mean a system that converts wind energy into
electricity through the use of a wind turbine, a nacelle, associated control or conversion
electronics, and (depending on design) a tower. A WECS is intended for on-site production of
electricity.
26-116 General Regulations
The following general regulations apply to all WECS located within the city limits. Pre-existing
WECS installations lawfully in existence at the time of the enactment of this Ordinance shall not
be required to meet the requirements established herein, other than those contained in
Subsections (z) and (aa) below. To be considered lawful, the owner of the WECS must provide
documentation proving that the subject WECS was in existence at the time of the enactment of
this Ordinance. If no documentation is available, the burden of proof shall be on the owner of
the WECS.
(a) Zoning restrictions imposed upon WECS installations are as specified in the Denton
Development Code.1
(b) Compliance with Denton Municipal Electric (DME) Interconnection Provisions. The
installation of any WECS that is within the service area of Denton Municipal Electric (DME)
shall comply with the DME "Agreement for Interconnection and Parallel Operation of
Distributed Generation" and shall abide by the conditions of the "Agreement for Interconnection
and Parallel Operation of Distributed Generation". No WECS shall be installed prior to
Code.
1 CROSS REFERENCE - Zoning restrictions, generally, see Subchapter 35.5 of Denton Development
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submitting an Application for Interconnection and Parallel Operation of Distributed Generation
with DME and having a fully executed Agreement for Interconnection and Parallel Operation of
Distributed Generation with DME.
(c) WECS Permit Required. No WECS shall be installed without first obtaining a WECS permit
from the Building Official, or his/her designee. The permit's application shall be submitted with
the required numbers and types of plans as deemed necessary by the Building Official to
adequately review the proposal. An application for building permit must be accompanied by:
(1) The appropriate permit fees as established by the City;
(2) A site plan of the proposed WECS at a scale no smaller than V = 30'. The site plan
shall include:
(i) A survey and legal description of the parcel where the proposed WECS will be
located;
(ii) A plan view layout of the proposed WECS clearly showing:
• The location of the System;
• All components of the System;
• Distances to property lines;
• Required setbacks;
• Adjacent land uses and zoning designations;
• Existing structures on the site;
• Required screening of the base of the tower structure;
• Natural features such as watercourses, trees, and Environmentally
Sensitive Areas (ESAs);
• Existing overhead and underground utility lines including any pad
-mounted equipment and appurtenances; and
• Easements;
(3) Elevation drawings showing:
• The design and height of the proposed WECS;
• Detailed drawings of all System components; and
• A profile view of the setback distances and distances to property
lines;
(4) A line drawing of the electrical components of the System in sufficient detail to allow
for a determination that the manner of installation conforms to the Electrical Code;
(5) Standard installation drawings of the WECS, including the tower, base, and footings.
An engineering analysis of the tower showing compliance with the Building Code and
certified by a licensed professional engineer registered in the State of Texas shall also be
submitted; and
(6) Evidence of notice to utility company as required by Subsection (t) below.
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An issued permit shall expire if the WECS is not installed and functioning within six (6) months,
including completion of the required inspection, from the date the permit is issued; or, if the
WECS is out-of-service or otherwise unused for a continuous 12-month period.
(d) Construction Standards. A WECS must be installed according to the manufacturer's
recommendations and under the seal of a professional engineer registered in the State of Texas,
and may not exceed the manufacturer's recommendations for maximum tower height.
Additionally, all components of a WECS shall comply with applicable state and local building
codes.
(e) Location and Setback.
(1) Free-standing monopole support structure:
a. Free standing WECS shall be located behind the front elevation of the
primary structure on the lot.
b. No part of the WECS, including blades, may extend into any required yard
setback or utility easement.
C. The horizontal separation from all property lines shall not be less than the
height of the WECS, plus 10 additional feet.
d. Free standing WECS shall have a setback distance equal to 1.25 times the
height of the WECS from any overhead utility lines.
e. Free-standing WECS blade arc spheres shall have a minimum thirty (30)
foot clearance from any structure or any other impediment.
f. Free standing WECS shall have a minimum thirty (30) foot setback
distance from any tree.
(2) Building-mounted:
a. Building-mounted WECS shall be located behind the front elevation of the
primary structure on the lot.
b. No part of the WECS, including blades, may extend into any required yard
setback or utility easement.
C. The horizontal separation from all property lines shall not be less than the
height of the WECS, plus 10 additional feet. Building-mounted WECS
shall have a setback distance equal to 1.25 times the height of the WECS
from any overhead utility lines.
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d. Building-mounted WECS blade are spheres shall have a minimum five (5)
foot clearance from any structure or any other impediment.
(f) Principal Structure Required on Lot. A WECS shall be erected on a lot only after a principal
structure has been constructed on the lot. The WECS shall serve the structures (principal or
accessory) on the lot.
(g) Sound Pressure Levels. Sound Pressure Levels shall not exceed fifty decibels (50dBA)
measured from the property line closest to the WECS. If the existing ambient noise is suspected
of exceeding 50dBA, that applicant shall establish and submit to the City, a continuous seventy-
two (72) hour Ambient Noise Level measured from the property line closest to the proposed
location of the WECS. The seventy-two (72) hour time span shall include at least one (1)
twenty-four (24) hour reading during either a Saturday or Sunday. If the Ambient Noise Level
established and submitted to the City is higher than fifty decibels (50dBA), the noise generated
from the WECS may not exceed the established Ambient Noise Level by more than five decibels
(5dBA).
(h) Lights. Lighting not required by the FAA is prohibited. When lighting is required by the
FAA, such lighting shall not exceed the minimum requirements of said administration. A tower
structure may be artificially lighted ONLY with steady-burning red obstruction lights (FAA type
L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per
minute. Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per
minute, medium intensity flashing white obstruction lights (FAA type L-865 or L-866), high
intensity flashing white lights (FAA type L-856 or L-857) or dual flashing red obstruction lights
and medium intensity flashing white obstruction lights (FAA types L-864/L-865) may be used
ONLY when the FAA specifies that the specific lighting pattern is the ONLY lighting pattern
acceptable to promote aviation safety and when the FAA refuses the applicant's request for
authorization to use the lighting required by the City herein. Upward lighting, flood lights or
other lighting not strictly required by the FAA is prohibited. If lighting is required by the FAA,
the applicant shall submit written evidence of this requirement as a part of the application.
(i) Signs. No advertising or other signs shall be allowed on a WECS, other than operational
warnings and instructions affixed by the manufacturer.
0) Prohibited in Easements. No portion of a WECS shall be placed in any public easement.
(lc) Screening. WECS are exempted from the screening requirements' outlined in Section
35.13.9.13 of the Denton Development Code.
(1) Electronic Interference. All WECS shall be filtered, shielded or otherwise designed and
constructed so as not to cause electrical, radio frequency, television, and other communication
signal interference. Should interference occur or be detected in the future, the WECS shall cease
operation until said interference has be addressed and corrected by the WECS owner and
operator.
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(m) Color. All WECS shall be white, grey, or silver color. The finish shall be a dull or matte
finish so as to reduce the possibility of any glares or reflections and to minimize the visual
obtrusiveness of the WECS.
(n) Tower Design. A WECS tower shall be constructed in a monopole design of tubular steel
and shall be self-supporting without the use of guy wires or other similar features.
(o) Braking. All WECS shall be equipped with a manual and/or an automatic braking device
capable of stopping the WECS operation in high winds.
(p) Grounding and Shielding. All WECS shall be grounded and shielded to protect against
natural lightning strikes and stray voltage, including the blades, in accordance with the Electrical
Code.
(q) Load Requirements. All WECS shall be designed to withstand loads including, but not
limited to ice and wind, as detailed in the Building Code.
(r) Location in Environmentally Sensitive Areas. If located within an Environmentally Sensitive
Area ESA categories defined by Denton Development Code 35.17.4, WECS may only be
allowed in Developed or Undeveloped floodplain, and must be located outside of any designated
stream buffer or water related habitats. All WECS proposed to be installed within floodplains
shall have approval of the City of Denton Floodplain Administrator or his/her designee and,
where applicable, the U. S. Army Corps of Engineers. Applicants requesting such approval shall
undertake all measures required by the Floodplain Administrator or his/her designee to protect
the WECS from damage from potential flooding, and compensate for any loss of valley storage
resulting from the installation of the WECS. Following installation, the applicant shall re-
vegetate the site in accordance with the specifications of the Watershed Protection Manager, or
designee.
(s) Flicker and Blade Glint. WECS shall be sited to prevent the impact of blade glint and
minimize the impact of shadow flicker any inhabited structures (except for the owner's) or City
roadways. WECS found to be in violation of this condition shall be shut down until the flicker or
glint problem is remedied.
(t) Notice to Utility Company on Grid-Interconnected Systems. No WECS, proposed for
interconnection to the power grid or electric utility infrastructure, may be installed until an
agreement authorizing such interconnection has been finalized and approved by the electric
utility providing service to the owner. Completely off-grid systems shall be exempt from this
requirement only upon demonstrating, to the satisfaction of the electric utility serving the owner,
that the system is truly off-grid and cannot inadvertently be tied into the electric utility grid.
(u) City Building Codes / Safety Standards. To ensure the structural integrity of a WECS, the
owner of such System must ensure that it is maintained in compliance with all provisions of the
City of Denton's building code and zoning regulations. If, upon inspection, the City concludes
that a WECS fails to comply with such codes and regulations, or otherwise constitutes a danger
to persons or property, then upon written notice to the owner of the WECS, the owner shall have
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thirty (30) calendar days to bring the WECS into compliance with applicable standards. Failure
to bring the WECS into compliance shall constitute grounds for the removal of the WECS at the
owner's expense. This notice requirement shall not preclude immediate action by the Building
Official as allowed by law, if required in the interest of public safety.
(v) Certification by Engineer. The application shall include a standard drawing and engineer
analysis of the WECS tower or building attachment, and certification by a professional
mechanical, structural, or civil engineer.
(w) Climbing Apparatus. No free-standing WECS shall include a ladder or any other tower
climbing apparatus within 12 feet of the ground, unless such device is secured from access by a
locked device approved by the Building Official.
(x) Other Regulations. All WECS shall be adequately designed structurally, electrically, and in
all other respects to accommodate the safety and general well being of the public. All WECS
shall be required to meet all applicable regulations specified in the Building Code, Electrical
Code, and any other applicable regulatory documents. All tower heights, plus the additional
height associated with blades, must be in compliance with Federal Aviation Administration
requirements.
(y) Maintenance. All WECS shall be maintained at all times according to the manufacturer's
specifications and all other applicable regulations including, but not limited to the Building Code
and the Electrical Code. The appearance of a WECS shall also be maintained, including, but not
limited to, painting, fencing/screening, and maintenance of structural integrity.
(z) Removal of Unsafe Wind Energy Conversion System. WECS that have, due to damage, lack
of maintenance or repair, or other circumstances, become unstable, lean significantly out-of-
plumb, or pose a danger of collapse shall be removed or brought into repair within 30 days
following notice given by the Building Official. If the Wind Energy System is not made safe or
removed within 30 days of notification from the City, the City may remove the WECS and place
a lien upon the property for the costs of the removal. However, at any time the Building Official
may order immediate action to prevent or remove an imminent threat to public safety or
property.
(aa) Abandonment.
(1) At such time as an owner abandons, discontinues, or is required to discontinue, the
operation of a WECS, such owner must notify the Building Official of the City of Denton
by certified U.S. mail of the proposed date of abandonment or discontinuation of
operations. Such notice shall be given no less than 30 days prior to abandonment or
discontinuation of operations. Owner shall also provide written notification to all
interconnected electric service providers, in accordance with the terms of the governing
interconnection agreement.
(2) In the event that an owner fails to give such notice, the WECS shall be considered
abandoned if the WECS is not used to generate electricity for a continuous period of
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twelve (12) months, unless the owner of said WECS provides proof of operation, on at
least a quarterly basis, for the period that the WECS is being considered abandoned.
(3) Upon abandonment or discontinuation of use, the person who constructed the WECS
or the person who operated the WECS or the property owner shall physically remove the
WECS within 90 days from the date of abandonment or discontinuation of use.
"Physically remove" shall include, but not be limited to:
(i) Removal of the tower, turbine and all other components of the WECS; and
(ii) Transportation of the tower, turbine and all other components of the WECS to
an appropriate disposal site.
(4) The owner of the WECS shall restore the site to its pre-construction condition.
(5) If a party as stated in Subsection (3) herein fails to remove a WECS in accordance
with this Section, the City shall have the authority to enter the subject property and
physically remove the WECS as a nuisance, consistent with statutory authority and the
procedures established in Article XI, Chapter 17 of the Denton Code. Costs for the
removal of the WECS shall be charged to the landowner of record in the event the City
must remove the WECS, and the City may place a lien on the property for such costs of
removal.
SECTION 4. The use tables set forth in subchapter 35.5 of the Denton Development
Code shall be amended to reflect the additional use restrictions reflected in the table below
(existing use restrictions remain as written). The Code publisher may modify the manner in
which these use allowances and prohibitions are presented and published, to maintain clarity and
consistency with other Code provisions.
General Regulations -RD-5 RC
Maximum building height 65 feet 65 feet
Maximum WECS height 75 feet 75 feet
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WECS (Building-mounted) I L(42) I SUP I SUP I SUP SUP SUP SUP
P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8
General Regulations
DR-1
DR-2
DC-N
DC-G
Maximum building height
40 feet
45 feet
100 feet/
100 feet/
L(33)
L(33)
Maximum WECS height
55 feet
55 feet
110 feet/
L(33)
110 feet/
L(33)
General Regulations
CM-G
CM-E
Maximum building height
65 feet
65 feet
Maximum WECS height
75 feet
75 feet
Categories Institutional Land Use
WECS (Free-standing Monopole Support
SUP
SUP
SUP
SUP
Structure)
WECS (Building-mounted)
SUP
SUP
SUP
SUP
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P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as
defined in Section 35.5.8
General Regulations
RCR-1
RCR-2
RCC-N
RCC-D
Maximum building height
40 feet
50 feet
65 feet
100 feet
Maximum WECS height
55 feet
60 feet
75 feet
110 feet
General Regulations
EC-C
EC-1
Maximum building height
100 feet
65 feet
Maximum WECS height
110 feet
75 feet
General Regulations
IC-E
IC-G
Maximum building height
100 feet
140 feet
Maximum WECS height
110 feet
150 feet
SECTION 5. Section 35.5.8 shall be amended to add the following limitations.
L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of
one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP.
L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the
building, The height shall be measured from the base of the WECS where it is mounted on the building to the highest
point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the
WECS where is mounted on the building to the highest point of the WECS
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SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 2011
MARK A. BURROUGI,S; MANOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. OV'
APPROVED AS TO LEGAL FORM:
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ANITA BURGESS, CITY ATTORNEY