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A. Occupied Buildings.
1. Wind turbines shall be set back from the nearest occupied building, a distance not less than the normal setback requirements for the zoning classification or 1.1 times the height of the turbine 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.
2. Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner’s property a distance of not less than two times the hub height as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
B. Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the height of the turbine which ever is greater. The setback distance shall be measured to the center of the wind turbine base.
C. Public Roads. All wind turbines shall be set back from the nearest public road a distance not less than 50 feet from the right-of way line of the nearest public road to the center of the wind turbine base.
D. Waiver of Setbacks.
1. Non-participating landowners may waive the setback requirements in division A.2. above and division B. above by signing a waiver that sets forth the applicable setback provisions(s) and the proposed changes.
2. The written waiver shall notify the property owner(s) of the setback requirement by this chapter, described 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. Upon application, the City may waive the setback requirement for public road for good cause.
(Ord. 2011-32. Passed 3-7-11.)
A wind energy facility may exceed the height limitation of the zoning district in which the wind energy facility is located. In the case of a wind turbine erected on the top of an existing building, the turbine shall only be allowed in the form of a height variance issued by the Planning Commission in conjunction with the conditional use permit required herein.
(Ord. 2011-32. Passed 3-7-11.)
Audible sound from a wind energy facility shall not exceed limits set forth by Section 509.08 in the Elyria Codified Ordinances “Noise Disturbances”. City Council may address further restrictions in regard to shadow flickering upon neighboring properties.
(Ord. 2011-32. Passed 3-7-11.)
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.
(Ord. 2011-32. Passed 3-7-11.)
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) combined. Certificates shall be made available to the City upon request. The City Council may require additional policy limits depending upon the size of the proposed project.
(Ord. 2011-32. Passed 3-7-11.)
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 be presumed to be at the end of their 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. The owner or operator shall deposit in the Agency Fund approved by City Council a sum equal to the cost of said removal and restoration of the site.
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. If the facility owner or operator fails to complete decommissioning within the period prescribed by division A. above, then the landowner shall have six months to complete decommissioning.
G. In cases involving a failure by the owner or operator to implement and complete a decommissioning plan, the City may proceed in the decommissioning of the facility using the funds in the Agency Fund approved by City Council.
(Ord. 2011-32. Passed 3-7-11.)
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