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Wind energy is a recognized, renewable and non-polluting energy resource, and its conversion to electricity may reduce dependence on nonrenewable energy sources. This chapter is adopted in order to provide for the construction and operation of wind energy facilities in the City of Avon subject to reasonable conditions and limitations that will protect the public health, safety and welfare.
(Ord. 25-10. Passed 5-10-10.)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Applicant.” The person or entity filing an application under this chapter. The terms “person” and “entity” are interchangeable in this chapter.
(b) “Facility owner.” The person or entity having an equity interest in the wind energy facility, including their respective successors and assigns.
(c) “Hub height.” The distance measured from the surface of the wind energy facility's foundation to the height of the wind turbine hub to which the blades or other spinning device is attached.
(d) “Non-participating landowner.” Any landowner, except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
(e) “Occupied building.” A school, hospital, church, public library or other building, regardless of whether publicly or privately owned, used for public gathering(s).
(f) “Operator.” The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
(g) “Shadow flicker.” The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
(h) “Turbine height.” The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
(i) “Wind energy facility.” An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
(j) “Wind turbine.” A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator.
(Ord. 25-10. Passed 5-10-10.)
(a) No person shall construct, erect, maintain, extend or remove a wind energy facility in the City without compliance with the provisions of this chapter.
(b) Wind energy facilities may only be constructed and operated on property located in the M-l, M-2, O-1, O-2 or C-4 zoning districts, north of Interstate 90.
(Ord. 25-10. Passed 5-10-10.)
(a) A special use permit, issued pursuant to Chapter 1230, shall be required for the construction and operation of any wind energy facility. The Planning Commission shall make recommendation to Council and Council may approve such special use, provided the applicant demonstrates compliance with the requirements of the laws of the City.
(b) Fees. The applicant shall pay a non-refundable application fee of two hundred dollars ($200.00) to the Planning Commission for an original Wind Energy Facility Special Use Permit or any amendment to an existing Wind Energy Facility Special Use Permit.
(c) Any physical modification to an existing special use permit for a wind energy facility that materially alters the size, type and number of wind turbines or other equipment appurtenant thereto shall require an amendment to the special use permit approved by the City.
(d) Submission Requirements.
(1) An application for a special use permit or for an amended special use permit shall be on a form approved by the Planning Coordinator and shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. The name, address and telephone number of the owner of the property and the zoning district of the subject property.
C. A narrative description of the existing use.
D. A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
E. An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility on the owner's behalf.
F. Identification of the properties on which the proposed wind energy facility will be located and the properties adjacent to where the wind energy facility will be located.
G. A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback, a lighting plan, and other information the Planning Commission may require.
H. Documents related to decommissioning.
I. Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this chapter and Code.
J. Any documents reasonably deemed necessary by the Planning Coordinator or the City Engineer, including but not limited to the following:
1. Site plan to scale showing the location of each of the proposed wind energy facilities and the locations of all existing buildings, structures and property lines along with distances.
2. Site plan to scale showing the property lines and physical dimensions of the site.
3. Elevations of the site to scale showing the height, design and configuration of the wind energy facility and the height and distance to all existing structures, buildings, electrical lines and property lines.
4. Standard drawings and an engineering analysis of the system's tower including weight capacity and wind resistance.
5. A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site.
6. Location of all aboveground and underground utility lines on-site or within one radius of the total height of the wind energy facility.
7. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system including the name and address of the manufacturer and model number.
8. Show the locations of any buildings or improvements that are within the fall zone of the proposed tower.
9. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator unless the system will not be connected to the electricity grid.
10. A description of emergency and normal shut-down procedures.
K. The fee as established.
(e) Upon receipt of the foregoing the Planning Commission shall schedule a public hearing and consider the application for the special use permit and make a recommendation to City Council.
(Ord. 25-10. Passed 5-10-10.)
(a) Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories or other similar certifying organizations.
(b) Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Ohio Building Code.
(c) Controls and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(d) Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, State and national codes, and relevant and applicable international standards.
(e) Visual Appearance.
(1) Wind turbines shall be a non-obtrusive color such as white, off-white or gray.
(2) Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(3) Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator pursuant to Chapter 1290 - Signs.
(f) Power Lines. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(g) Warnings.
(1) Clearly visible warning signs concerning voltage must be placed at the base of all transformers and substations.
(2) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.
(h) Climb Prevention/Locks.
(1) Wind turbines shall not be climbable up to 15 feet above ground surface.
(2) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate to prevent entry by non-authorized persons.
(Ord. 25-10. Passed 5-10-10.)
(a) Property Lines. Wind turbines shall be set back from the nearest property line a distance not less than the normal setback requirements for the zoning classification or the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(b) Waiver of Setbacks.
(1) Non-participating landowners may waive the setback requirements in subsection (a) above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
(2) The written waiver shall notify the property owner(s) of the setback requirement of this chapter, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this chapter.
(3) Any such waiver shall be recorded in the Recorder of Deeds Office for the county in which the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
(4) Upon application, the City may waive the setback requirement for public road for good cause.
(Ord. 25-10. Passed 5-10-10.)
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