N.Y.C. Admin. Code § BC 3115: Section BC 3115: Small Wind Turbines

3115.1 General.

In addition to other applicable requirements in this code, other law or rule, and established by the commissioner, small wind turbines shall be designed and constructed in accordance with this section.

3115.2 Definitions.

The following terms are defined in Chapter 2:

SMALL WIND TURBINE.

SMALL WIND TURBINE TOWER.

3115.3 Design standards.

A small 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 small 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 Small Wind Certification Council, the British Wind Energy Association, the International Electrotechnical Commission, the National Renewable Energy Laboratory, or the Underwriters Laboratory.

3115.4 Wind speed.

A small 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 3113.3.

3115.5 Brakes and locks.

Where deemed necessary by the commissioner, a small wind turbine shall be equipped with a redundant braking system and a passive lock, including aerodynamic overspeed controls and mechanical brakes.

3115.5.1 Locking before hurricane or strong wind conditions.

If a hurricane or strong wind conditions are expected, the commissioner may order that small turbines equipped with passive locks be stopped and locked.

3115.6 Visual appearance.

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

3115.7 Lighting.

A small wind turbine shall not be artificially lighted.

Exception: Lighting that is required by this code or other applicable laws or rules, provided that such lighting is shielded in accordance with rules promulgated by the commissioner.

3115.8 Access.

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

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

2. A small 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.

3115.9 Noise.

A small wind turbine shall be designed in accordance with applicable sections of the New York City Noise Control Code.

3115.10 Shadow flicker.

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

3115.11 Signal interference.

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

3115.12 Setback.

No part of a small wind turbine or small 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: Turbines or towers 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. 2018/105, 5/26/2018, eff. 11/22/2018)