08-053 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.08-053
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, PROVIDING A
DEFINITION FOR A WIND ENERGY SYSTEM; PROVIDING
ENFORCEMENT, PERMIT FEES, RULES AND REGULATIONS IN REGARD
TO WIND ENERGY SYSTEMS; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR A PERMIT FEE;
PROVIDING FOR THE ISSUANCE AND REVOCATION OF PERMITS;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")has determined
that it will be advantageous, beneficial and in the best interest of the citizens of Prosperr to regulate the
permitting of wind energy systems as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Wind Energy Systems; definition,permit regulations, and permit fee.
1. For the purpose of this Ordinance, a Wind Energy System is defined as a wind energy conversion
system consisting of a wind turbine, a tower, and associated control or conversion electronics, which
has a rated capacity of not more than 10kW and is intended to reduce on-site consumption of
electricity.
2. A building permit shall be required for the installation of a Wind Energy System. The building
permit fee shall be one hundred dollars($100.00).
a. The building permit application shall be accompanied by standards drawings of the wind turbine
structure, a line drawing of the electrical components, two copies of an operational plan for the
wind energy system,and the required permit fee.
b. No permit for a wind energy system shall be issued until evidence has been given to the Town
that the utility company has been informed of the customer's intent to install an interconnected
customer owned generator. Off-grid systems are exempt from this requirement.
c. The building permit application shall be accompanied by standards drawings of the wind turbine
structure, including the tower, base and footings. An engineering analysis, for the town, showing
compliance with the Town of Prosper adopted Codes (includes but not limited to the International
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Building Code, National Electrical Code) and certified by a licensed professional engineer shall
be submitted.
d. Wind energy systems shall be approved under an emerging technology program such as the
California Energy Commission, IEC, or any other small wind certification program recognized by
the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-
certified wind energy systems shall submit a description of the safety features of the wind energy
system as prepared by a licensed professional engineer.
e. The line drawing of the electrical components shall show sufficient detail to allow for a
determination that the manner of installation conforms to the National Electric Code. All
electrical wires associated with a wind energy system, other than wires necessary to connect the
wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the
grounding wires, shall be located underground.
f. An issued permit shall expire if the wind energy system is not installed, functioning, and final
obtained within 90 days with all required inspections from the date the permit is issued; or the
wind energy system is out of service or otherwise unused for a continuous six(6)month period.
g. The installer of the wind energy system must be a registered contractor in the Town of Prosper
with proper insurance, bonding, training, and certification from the manufacturer to perform the
installation.
SECTION 3: Maintenance and Abandonment.
1. A wind energy system shall be maintained at all times according to the manufacture's
specifications.
2. The owner of the wind energy system shall provide to the Town of Prosper an annual inspection
report from a factory certified technician.
3. A wind energy system that has become unstable leans significantly out-of-plumb, or that poses a
danger of collapse shall be removed or brought into repair within 30 days following notice by the
Building Official to the owner of the lot upon the wind energy system is located. The Building
Official may order immediate repairs in the event of imminent collapse. Any and all repairs
ordered by the Building Official will be at the property owner's expense.
4. If the owner of the wind energy system plans to abandon or discontinue, or is required to abandon
or discontinue, the operation of the wind energy system, the owner shall notify the Building
2
Official by U.S. mail of the proposed date of abandonment or discontinuation. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation.
a. In the event that an owner fails to give such notice, the wind energy system shall be
considered abandoned if it is not operated for a continuous six(6)months.
b. Upon abandonment or discontinuation of use, the property owner shall "physically
remove" the wind energy system within 30 days from the date of abandonment or
discontinuation of use. "Physically remove" includes, without limitation, the actual
complete removal of the tower, turbine, and all components of the wind energy system
from the site of the original installation.
SECTION 4: Savings/Repealing Clause: All provisions of any ordinance in conflict with this
Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
remain in full force and effect.
SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum
not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance
shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS ON THIS 24th DAY OF JUNE, 2008.
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APPROVED TO O
iswanger, a
ATTEST D TO AND
CO' � ` " '+ : .49 D B
atthew Denton,TRMC
Town Secretary
O
DATE OF PUBLICATION: ' L Y � 02�� , Dallas Morning News—Collin County
Addition
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as sublished in THE DALLAS MORNING NEWS—Metro North Edition on:
Legal Notices )
ORDINANCE NOJuly 11, 2008
08-053
AN ORDINANCE OF THE
'TOWN OF PROSPER,
TEXAS, PROVIDING A
.DEFINITION FOR A
WIND ENERGY SYS-
ITEM; PROVIDING EN-
FORCEMENT, PERMIT
FEES,RULES AND REG- . ^,
ULATI IN REGARD
jT0 WINDND ENERGY SYS- 5 /J
TEMS; PROVIDING FOR '
A PENALTY FOR THE ; ; ,
VIOLATION OF THIS OR- J� !7. b/ /�/J
FOR A PENMUT PARRY 1,% ' - `� r
ISSUANCE AND FOR
V r / (Lynda Black)
'CATION OF PERMITS;
PROVIDING FOR RE-
PEALING,SAVINGS AND
SEVERABILITY CLAUS-
ES; PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.
Sworn to and subscribed before me this July 11, 2008
_ r , Notary
Public,
G. DRAKE
=z°�'i;�: Notary Public,State of Texas
i\ ; My Commission Expires
June 15,2011 otary Public)