7.0 ECCSR 09-16-2009ORDINANCE 09 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1 "DEFINITIONS" AND ADDING SECTION 30-804 WIND
TURBINES" OF THE ELK RIVER CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
~l~x-e to be removed
Underlines to be added
Section 1. Section 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following:
Wind Turbine. Means a machine that converts the kinetic energy in the wind into a
usable form.
Section 2. Section 30-804 of the City of Elk River Code of Ordinances, titled
Wind Turbines shall be added to include the following:
(a) Locations: Wind Turbines maybe permitted where identified as a conditional or accessory
use herein.
(b) Required Application; exemptions
required. No Wind Turbine or support tower of any kind shall be erected anywhere
within the city without first making application for and obtaining from the City approvals
required by the Code. Wind turbines less than 22 ft. or 10 feet above an existing structure
shall be exempt from the provisions of this Section.
(c) Manufacturer's documentation and engineer's ccrt~cation. Prior to the issuance of a building
permit, the applicant shall provide to the city documentation or other evidence from the
dealer or manufacturer that the Wind Turbine has been successfully operated in atmospheric
conditions and is warranted against any systems failures under reasonably expected severe
weather operating conditions as established by the Department of Building Safety. The
applicant shall also provide to the city documentation that the tower structure for the system
has received a professional engineer's certification.
(cl) Design
(1) Noise. All Wind Turbines shall comply with the state pollution control agency's
noise pollution control section (NPC 1 and NPC 2), as amended.
(2) FCC regulations. All Wind Turbines shall comply with all applicable Federal
Communications Commission regulations, as amended.
(3) FAA regulations. All Wind Turbines shall comply with all applicable Federal
Aviation Administration regulations, as amended.
z:\planning main\case files\oa\oa 09-04 wind turbines\draft ordinance2.doc
(h) Utility connection.
(1) Utility Notification: No Wind Turbine shall be installed until evidence has been
given that the utility company has been informed of the customer's intent to install an
interconnected customer owned generator.
(2) Interconnection: The Wind Turbine, if interconnected to a utility system, shall
meet the requirements for interconnection and operation as set forth bythe utility.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this day of
20
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\document\ordinance\oa9 i-l.doc
City of Elk River
Inspections List Report
Permit # From: 2009-01049 To: 2009-01049
Permit Type: All Property Type: All Construction Type: All
Inspector: All Status: Pass/FaiUNo Status
Include Notes: Yes
Permit # Site Address Applicant
Inspection Type Status Sched Date Time
2009-01049 13338 180TH 1/2 CIR NW ELK RIVER EXTERIORS
ROOF TEAR-OFF Open
FINAL Open
Insp Actual Date Insp
9/10/2009 Page I of 1