N.Y.C. Admin. Code § BC 3114: Section BC 3114: Large Wind Turbines

3114.1 General.

Large wind turbines shall be designed and constructed in accordance with this section.

3114.2 Definitions.

The following terms are defined in Chapter 2:

LARGE WIND TURBINE.

LARGE WIND TURBINE TOWER.

3114.3 Design standards.

A large wind turbine shall be designed in accordance with standards adopted by rules of the commissioner. Such standards shall include but need not be limited to standards relating to the design of large wind turbines that are developed by the American Wind Energy Association, the New York State Energy Research and Development Authority, the California Energy Commission, the European Wind Turbine Certification, the British Wind Energy Association, the International Electrotechnical Commission, the National Renewable Energy Laboratory, or the Underwriters Laboratory.

3114.4 Wind speed.

A large wind turbine shall be designed to withstand winds of up to and including 130 mph (58.1 m/s) or such higher wind load as may be specified in this code or the design standard for such turbine pursuant to Section 3114.3.

3114.5 Brakes and locks.

Where necessary for public safety, the commissioner may require that a large wind turbine shall be equipped with a redundant braking system and a passive lock, including aerodynamic overspeed controls and mechanical brakes.

3114.6 Visual appearance.

A large wind turbine shall be white, off-white, grey, or another non-obtrusive color specified by the commissioner.

3114.7 Access.

Access to a large wind turbine shall be limited as follows:

1. Access to electrical components of a large wind turbine shall be prevented by a lock.

2. A large wind turbine tower shall not be climbable, except by authorized personnel, up to a height of 10 feet (3048 mm) measured from the base of such tower.

3114.8 Noise.

A large wind turbine shall be designed to comply with the sound level limit of Section 24-232.1 of the Administrative Code.

3114.9 Shadow flicker.

The commissioner shall by rule establish shadow flicker limitations for large wind turbines for the purpose of limiting, to the extent practicable, such flicker on buildings adjacent to such turbines.

3114.10 Signal interference.

The commissioner shall establish rules governing large wind turbines for purpose of minimizing, to the extent practicable, interference by such turbines with radio, telephone, television, cellular or other similar signals.

3114.11 Setback.

No part of a large wind turbine or large wind turbine tower shall be located within a horizontal distance of a property line that is equal or less than one-half the height of such turbine, including such tower, measured from the base of such tower or, if there is no such tower, the base of such turbine.

Exception: A turbine or tower for which each owner of property adjacent to such property line has entered into a written agreement providing that such turbine or tower or a part thereof may be located closer to such property line than this section allows.

(L.L. 2019/098, 5/19/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)