The Community of Miltonvale Park, Prince Edward Island, Canada
Bylaws of Miltonvalepark: Page 6 of 21
SECTION #5 – WIND ENERGY SYSTEMS
5.1 DEFINITIONS
For the purpose of this section the following definitions shall apply:
Wind Energy System (WES)
A Wind Energy System consists of a wind turbine, a tower, guy wires and associated control or conversion electronics to convert wind mechanical energy to electricity.
On-site Wind Energy System (OWES)
An On-Site Wind Energy System consisting of a wind turbine, a tower, and associated control or conversion electronics, which is intended to provide electrical power for on-site use only and is not intended or used to produce power for resale or distribution. An OWES might be connected to the local utility grid or be off-grid. On-site wind energy systems are classified as follows:
a) Micro OWES:
A wind energy conversion system, which has a rated capacity of less than 5 KW.
b) Small OWES:
A wind energy conversion system, which has a rated capacity of between 5 and 30 KW.
c) Medium OWES:
A wind energy conversion system, which has a rated capacity of between 30 and 100 KW.
Commercial Wind Energy System (CWES):
A Commercial Wind Energy System is a system, which is intended to produce electricity for resale or distribution purposes. A commercial wind energy system could consist of a single freestanding windmill or a cluster of a number of windmills situated in the same location called a wind farm.
Turbine:
The parts of a wind system including the rotor, generator and tail.
Total System Height:
The height from ground level to the top of the rotor at its highest point.
Wind Turbine Tower:
The guyed or freestanding structure that supports a wind turbine generator.
Wind Turbine Tower Height:
The height above grade of the fixed portion of the wind turbine tower, excluding the wind turbine and rotor.
Off-grid:
A stand-alone generating system not connected to or in any way dependent on the utility grid.
Behind the meter:
A generating system producing power for use on a grid-connected property, but which system may or may not be capable of sending power back into the utility grid.
5.2 PERMITTED USE
Establishment of micro wind energy systems (with a rated capacity not more than 5 KW) shall be permitted in all zones subject to meeting all requirements of this section and any other relevant provisions of this Bylaw.
No person shall erect, construct or install a small or medium wind energy system without first obtaining a development permit from Council. All OWES(s) shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts.
No permits shall be issued for a Commercial Wind Energy System (CWES) without an amendment to this Bylaw.
5.3 DEVELOPMENT PERMITS AND AGREEMENTS
Council may issue a Development Permit for the establishment of an on-site OWES with a rated capacity between 5 and 100 KW, subject to a written development agreement signed by the applicant pursuant to such terms and conditions, as Council deems necessary. Prior to the issuance of a development permit, Council shall ensure that:
1. The development does not cause any hardship to surrounding property owners due to excessive noise, safety issues, traffic congestion or any other potential disturbance;
2. The development is deemed appropriate and complements the scale of any existing development;
3. Property owners within 200 m (600 feet) of the subject OWES shall be notified in writing of details of the proposed development and asked to provide their comments;
4. All other relevant provisions of this Bylaw and provincial Planning Act and related national regulations shall be met.
5.4 SHARED WIND ENERGY SYSTEMS
An on-site OWES with a rated capacity between 5 and 100 KW shared by multiple Single Family Dwellings may be permitted subject to meeting the requirements of Section 5.3.
5.5 WALL OR ROOF-MOUNTED SYSTEMS
Considering wind energy fast pace technology, emerging new structures, materials and specifications, every small wind energy system fixed to a building shall be considered individually.
1. A structural engineering analysis of such a wind turbine during installation and operation may be required and certified by a licensed professional engineer including requirements if the turbine is to be installed on any Duplex and multi unit dwelling.
2. The Wall or Roof-mounted turbine height shall be no higher than 5 ft. above the building height.
5.6 WIND TURBINE TOWER HEIGHT
The Wind Turbine Tower Height is subject to the setback requirements below, and provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
5.7 SETBACK
1. The turbine base shall be no closer to the property line than the two times the height of the wind turbine.
2. No part of the wind system structure, including guy wire anchors, may extend closer than one meter (3 ft.) to the property boundaries of the installation site.
3. The tower height of any OWES shall not exceed 24.4 metres (80 feet) in any residential zone and 48.8 metres (160 feet) in any other zone.
4. Any OWES shall be located at a distance of at least 1.5 times the total system height from any habitable buildings.
Council may waive setback requirements from adjacent properties if such adjacent property owner agrees to grant an easement binding on the current and future owners.
In addition to satisfying the minimum setback requirement noted above, the minimum distance of a freestanding wind turbine from an inhabited dwelling shall meet the setback requirements for the noise generated (see section 5.8 below).
5.8 NOISE
1. The mean value of the sound pressure level from any wind energy systems shall not exceed more than 5 decibels (dBA) above background sound, as measured at the exterior of the closest existing or potential neighbouring inhabited dwelling (at the time of installation or during operation), for wind speeds below 10 m/s and except during short term events such as utility outages and/or severe wind storms.
2. Notwithstanding the above noise regulation, the maximum allowed noise level generated by a wind energy system in residential areas shall be 45 dBA for wind speed 10m/s, as measured at the exterior of the existing (or future) closest neighbouring inhabited dwelling.
5.9 SHADOW FLICKER
Shadow flicker at any point of neighbouring inhabited dwelling shall be minimized and not be permitted to exceed 30 hours per year as a result of the operation of the wind turbine.
5.10 NUMBER OF TURBINES
A maximum of one OWES per property is permitted.
5.11 COMPLIANCE WITH CANADIAN BUILDING CODE
Permit applications for small wind energy systems (OWES) shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings, anchoring method and drawn to scale. An engineering analysis of the wind turbine tower showing compliance with the Canadian Building Code and certified by a licensed professional mechanical, structural, or civil engineer shall also be submitted. Documentation of this analysis supplied by the manufacturer shall be accepted.
5.12 COMPLIANCE WITH AIR TRAFFIC SAFETY REGULATIONS
Where it is required, small wind energy systems must comply with applicable air traffic safety regulations. A statement on compliance by the applicant is sufficient. Transport Canada must be notified of the location (latitude and longitude) and height of all wind turbine installations through the aeronautical clearance application process. Small wind turbine towers shall not be artificially lighted except as required by Navigation Canada.
5.13 COMPLIANCE WITH EXISTING ELECTRIC CODES
Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to existing electrical codes, if applicable.
5.14 UTILITY NOTIFICATION
No grid-interconnected wind energy system shall be installed until evidence has been provided that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. A copy of a letter to the applicant’s utility is sufficient. No response or evidence of approval from the utility is required.
Off-grid systems and grid-tied systems that are capable of feeding onto the grid with advanced control grid fault protection and disconnect switches covered under the electrical code shall be exempt from this requirement.
5.15 ABANDONMENT OR DECOMMISSIONING
Should a wind energy system located on a site appear to Council to have discontinued producing power for a minimum one year, the system’s owner must upon request from Council, prepare a status report. Following review of the status report, if in the opinion of Council power will not be produced on the site within a reasonable period of time, Council may order that the wind energy system located on the site be decommissioned in accordance with the decommissioning plan submitted at the time of the issuance of the development permit.
5.16 APPLICATION REQUIREMENTS
Applications shall contain the following information:
i) The applicant’s and property owner’s name, address and phone number;
ii) A plot plan to scale showing property lines, easements, setback lines and layout of all structures on the lot as certified by a surveyor registered to practice in the Province of Prince Edward Island;
iii) The location of all structures, habitable buildings, power lines or other utility lines on site and on adjoining properties within a radius equal to three (3) times the proposed tower height as certified by a surveyor registered to practice in the Province of Prince Edward Island;
iv) Standard drawings, to scale, of the structural components of the WES, including structures, pole or tower, base, footings, guy lines where required, and guy line anchor bases;
v) The drawing shall include the distance of these components from all property as certified by a surveyor registered to practice in the Province of Prince Edward Island;
vi) The height and location of any structure over 10.7 metres (35 feet) within a 153 metres (500 foot) radius on-site or off-site of the proposed WES as certified by a surveyor registered to practice in the Province of Prince Edward Island;
vii) Certification from a professional engineer licensed to practice in the Province of Prince Edward Island that the rotor and overspeed control has been designed for the proposed use on the proposed site;
viii) Copy of letters notifying in writing all property owners within 200 metres (600 feet) of the proposed WES.
xi) Decommissioning Plan.
5.17 DESIGN REQUIREMENTS
1. Height
The minimum height of the lowest position of the WES blade shall be at least 6.1 metres (20 feet) for “mini” WES and at least 9.1 metres (30 feet) for “small” and “medium” WES above the ground and/or above the highest structure or tree within a 91.4 metres (300 foot) radius.
2. Fencing, Safety and Lighting
All towers or poles must be un-climbable by design or protected by anti-climbing devices such as:
i) fences with locking portals at least 1.8metres (6 feet) high;
ii) anti-climbing devices 3.7 metres (12 feet) from the base of the pole;
iii) guy wires shall be marked in a fashion to make them clearly visible with reflective guy wire guards to a minimum height of 1.8 metres (6 feet) from the ground up;
iv) lighting of the facility shall be prohibited, unless required by Transport Canada;
v) warning signs shall be posted at each property line and each guy wire location;
vi) no signs shall be displayed on any part of the WES. Manufacturer’s logos may be displayed only on the nacelle and shall be no larger than 0.02 square metres (0.25 sq. ft.);
vii) the WES shall be designed and placed in such a manner to consider all adverse visual impacts on neighbouring areas. The colours and surface treatment of the WES and supporting structures shall minimize disruption of the natural characteristics of the site.
5.18 CERTIFICATION AND DESIGN
i) The WES shall be designed and installed in accordance with CSA standards;
ii) The safety of the design and installation of all WES towers shall be certified by a professional engineer licensed to practice in the Province of Prince Edward Island;
iii) All WES shall be equipped with manual and automatic overspeed controls to limit rotation of blades to speeds below the designed limits of the conversion system. The professional engineer licensed to practice in the Province of Prince Edward Island shall certify that the rotor and overspeed control design and fabrication conform to proper engineering practices;
iv) The WES shall be designed and installed to withstand natural lighting strikes as certified by a professional engineer licensed to practice in the Province of Prince Edward Island.
5.19 APPROVALS
Preliminary approval of the WES shall only be granted after successful completion of the application in conformance with this Bylaw and subject to the provisions contained herein. Only then shall be applicant proceed to construct the WES.
Final approval of the WES shall only be granted after successful inspection by a professional engineer licensed to practice in the Province of Prince Edward Island. Only then shall the applicant proceed to operate the WES.
5.20 SEVERABILITY
If any provision of this Section shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.