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(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.)
The height of a wind turbine shall be limited to 200 feet. In cases where the wind turbine is erected on top of a building, the building shall meet the height restrictions established for that particular district. The wind turbine, when affixed to the top of such a building, may reach 200 feet.
(Ord. 25-10. Passed 5-10-10.)
(a) Audible sound from a wind energy facility shall not exceed limits set forth in Section 648.10 in the Avon Codified Ordinances “Noise disturbances”.
(b) (1) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(2) The Planning Commission and City Council may evaluate noise and shadow flicker when recommending or deciding on applications for special use permits for wind energy facilities.
(Ord. 25-10. Passed 5-10-10.)
(a) Non-participating landowners may waive the noise provisions of this chapter by signing a waiver of their rights.
(b) The written waiver shall notify the property owner(s) of the sound limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound limit in this chapter.
(c) 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.
(Ord. 25-10. Passed 5-10-10.)
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least three hundred thousand dollars ($300,000) per occurrence and five hundred thousand dollars ($500,000) in the aggregate. Certificates shall be made available to the City upon request. The Board of Zoning and Building Appeals may require additional policy limits depending upon the size of the proposed project.
(Ord. 25-10. Passed 5-10-10.)
(a) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines within 12 months after the end of the useful life of the facility or individual wind turbines.
(b) The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(c) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(e) An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to the salvage value of the equipment, the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the City after the first year of operation and every fifth year thereafter.
(f) The facility owner or operator shall post and maintain decommissioning funds in an amount equal to the net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business with the state and is approved by the City.
(g) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the City's Finance Director.
(h) If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (a) above, then the landowner shall have six months to complete decommissioning.
(i) If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (a) and (h) above, then the City may take such measures as necessary to complete decommissioning. The landowner shall reimburse to the City all costs associated with the City's decommissioning of a wind energy facility. Said costs may be certified to the County Auditor as a lien upon the property should the landowner fail to reimburse the City.
(j) The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the City concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
(Ord. 25-10. Passed 5-10-10.)
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