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City planner Gregg Greenquist, tasked with creating the ordinance with a committee, said the new draft was conservative in terms of sound levels and aesthetics. He expects as technology evolved, it would be amended.
Greenquist said the ordinance was drafted to be neighbor-friendly in or near residential areas. It applies to smaller wind turbines that are capable of producing 25 kilowatts or less. He said those wishing to install one would have to go through the permitted use process. This would allow public input for residents affected by a new device.
Most lots inside city limits could not meet the setback sizes specified to drone out sound levels. Greenquist said the ordinance will likely apply to lots on the edge of town or in the extra-territorial zone.
The draft proposal requires a lot have 11/2 times the horizontal setback for the height of the turbine.
Greenquist estimates that a 150-foot lot is required at minimum to achieve the sound limits and site requirements.
In city limits, the draft requires the bottom of the rotor blade sweep can't be less than 35 feet above the ground surface. Blades may not extend over parking areas, driveways or sidewalks.
Nor can it interfere with utility lines.
It limits noise levels to:
* 55 decibels in the day and 45 decibels at night in a residential area.
* 60 decibels in the day and 50 decibels at night in a commercial area.
* 65 decibels in the day and 60 decibels in the night for an industrial area. Day is defined as 7 a.m. to 10 p.m.
The ordinance bans wind turbines being anchored by a guy wire in city limits. A monopole must be used. "This is purely for aesthetic purposes. Lattice towers and guy wires do not have the same 'clean' appearance as a monopole," Greenquist said. Colors of the monopoles must be white or gray and cannot be shiny.
Monopole structures are not required in the extra-territorial zoning jurisdiction of the city and guy wires may be used.
The proposal bans turbines on residential roofs. Greenquist said in new construction, residential roofs are structurally designed to support the weight of the actual building materials plus the added load of snow. He doesn't believe the turbines on a roof could withstand wind codes.
"Adding equipment like a turbine to a residential rooftop could compromise the structure," Greenquist said. "Roof-mounted wind turbines would require structural engineering and perhaps the addition of reinforcing braces to ensure the integrity of the structure."
Mayor John Warford made a motion to table the proposed ordinance because the city is in the process of conducting a study under the Energy Efficiency and Conservation Block Grant Program. He said all energy issues should be looked at rather than just one component before making the law.
Bruce McClure found the proposal too restrictive, saying nobody in town has a lot that large. He added it's difficult to control the sound levels and the shadow flicker effect.
Kim Christianson, director of the Great Plains Energy Corridor, testified that Bismarck State College would do everything to comply with the ordinance for a smaller wind turbine it will install on its property.
BSC is not required to follow city ordinance because it is located on state property. Christianson said the intended location south of the Community Bowl and west of the armory should not pose a nuisance to residents. He said the turbine will be tied in to the energy education program at the college.
Burleigh County Commissioner Mark Armstrong expressed concerns over design and noise issues for the devices. "Because of their design, you have to put in a lot of concrete going into the ground." Armstrongwas concerned about their removal once they stop functioning. He was told if a non-functioning turbine were not removed, it likely would be removed by the city and the expense of removal assessed back to the property owner.
Armstrong said manufacturers may list sound levels at 50 to 60 decibels, but said these do not factor in subzero sounds. "In winter, sound travels further and is more noticeable. It is up to 20 decibels louder," he said.
Burleigh County also has no wind turbine policy at this time. "The city will adopt an ordinance and since this affects the ET zone, the county will have to create some kind of policy."
Armstrong said no official requests have come before the county commission about wind turbines before.
Tom Spagnolia, who lives near the University of Mary, has asked about using vertical wind turbines. Zoning commissioners believe he lives in the ET zone and would be impacted by the new law.
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