(a) Requirements. A small wind energy system or meteorological tower shall comply with all of the following requirements.
(1) The small wind energy system or meteorological tower shall be located on a lot of three acres or more, except that in a RLD, R1, R2 or R5 zone a small wind energy system or meteorological tower may not exceed one system for each three acres of land.
(2) The wind turbine or meteorological tower shall be located at a distance of at least 1.1 times the height of the tower from any property line, non-participating structure, public road or right-of-way, or communication lines or structures, and provide for a minimum setback of 20 feet from any lot line for guy cables or tower supports.
(3) Roof-mounted turbines are permitted. All components of a roof-mounted turbine shall meet required setbacks for the principal structure on which it is located. Roof-mounted turbines may not be mounted on an attached or multi-family dwelling.
(4) The height of a wind turbine or meteorological tower may not exceed a height of 150 feet. The height of a roof-mounted turbine may not project more than 35 feet from the roof surface. Total height for a small wind energy system mounted on a wind tower is the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point. For a small wind energy system mounted on a building, total height is the vertical distance from the top of the roof or parapet, to the tip of a wind generator blade when the tip is at its highest point.
(5) The wind turbine or meteorological tower shall have a minimum blade ground clearance of 15 feet.
(6) The tower shall be designed and installed so as to not allow step bolts or ladder accessibility for a minimum height of 12 feet.
(7) The wind turbine or meteorological tower and its mounting structure shall be painted a non-reflective, non-obtrusive color that conforms to the environment and architecture of the community.
(8) The wind turbine or meteorological tower shall not be artificially lighted, except to the extent required by the Federal Aviation Administration.
(9) The small wind energy system or meteorological tower shall comply with all applicable construction codes and electrical codes and be installed in accordance with manufacturer plans and certifications.
(10) The wind turbine shall not generate noise in excess of the levels permitted for the zone under Code of Maryland Regulations 26.02.03.03.
(11) The capacity of a small wind energy system may not exceed 25 kw on a property located in an RLD, R1, R2, or R5 zone and 100 kw in all other zones. Energy produced by the small wind energy system shall be for the sole use of the property owner, however, energy output from the system may be delivered to a power grid to offset the cost of energy on site.
(12) Wind turbines must be approved under a small wind certification program recognized by the Maryland Energy Administration.
(13) All signs are prohibited except for manufacturer or installer identification signs and warning signs or placards.
(14) Meteorological towers shall be permitted under the conditions of this section for a period not to exceed one year.
(15) The small wind energy system or meteorological tower may not adversely effect an historic site, archaeological resource, or cemetery listed on the County inventory. The placement of a wind turbine within sight of an historic resource listed on the inventory shall mitigate any adverse visual impact of the turbine in a manner determined by the Office of Planning and Zoning. If a wind turbine is to be attached to the roof of an historic structure listed on the inventory, the method of attachment must be approved by the Office of Planning and Zoning. Approval of a rooftop wind turbine shall require installation on a secondary facade, minimal impact to historic materials, and be a reversible modification. Wind turbines may not be mounted on rooftops of highly significant properties, including those listed on the National Register of Historic Places.
(16) A small wind energy system or meteorological tower located within the BWI Marshall Airport Four-Mile District shall comply with all height and permitting requirements of the Maryland Aviation Administration.
(b) Removal of defective system. Any small wind energy system or meteorological tower that is cited by administrative order of the Department of Inspections and Permits shall be repaired by the property owner to meet federal, State and local code requirements, or be removed, within six months of the date of the administrative order. If the property owner fails to repair or remove the system as required and the system remains non-operational for more than six months, the County may pursue an action for removal of the system at the property owner’s expense.
(c) Variances. A variance may not be granted for the requirements specified in subsection (a).
(Bill No. 39-10; Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 76-19; Bill No. 16-20)
