The following uses shall be permitted subject to the conditions herein imposed for this use in accordance with the procedures established in Section 1143.02:
Communication Towers
(a) As used in this section, “communication tower” means a structure over thirty-five feet in height above grade level that is intended for transmitting, receiving or relaying television, radio, telephone or other forms of wireless communication, but shall not apply to facilities which are an accessory use to a residential, commercial or industrial building.
(b) Within the I-2 Heavy Industrial District, communication towers shall be permitted provided the Planning Commission determines that each of the following conditions have been met.
(1) The base of such tower shall be surrounded by a fence eight feet in height with a locked gate and located as close as is practical to the tower.
(2) The base of said tower and any accessory buildings shall be inside of the fence and shielded by a green belt of living plant material well maintained and replanted as necessary in order to provide year-round obstruction from public view.
(3) No lights shall be permitted on the tower except those specifically required by federal law or regulation. The tower shall be painted so as to minimize its visual impact on the area.
(4) The minimum setback line between the base of the tower and all adjacent properties shall be the height of the tower.
(5) Underground wiring shall be required.
(6) No employees shall be permitted at the tower site on a regular basis.
(7) If the tower is abandoned, it shall be removed within ninety days of its last date of operation.
(8) Appropriate building and electrical permits will be obtained and all construction shall be in accordance with the appropriate building and electrical codes.
(9) The applicant shall demonstrate that all less intrusive alternatives and locations including leasing space on existing towers are not feasible for its operation.
(10) Each tower shall be designed to allow the co-location of at least one additional telecommunications system.
(Ord. 99-18. Passed 5-3-99.)
(c) In order to protect the public health, safety and welfare of residents, the following reasonable conditions are hereby adopted to regulate wind energy facilities within this Village.
(1) Definitions. As used in this chapter:
A. "Applicant" means the person or entity filing an application under this Chapter.
B. "Facility Owner" means the person(s) or entity(ies) having an equity interest in the wind energy facility, including their respective successors and assigns.
C. "Hub Height" means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
D. "Non-Participating Landowner" means 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.
E. "Operator" means the person or entity responsible for the day-to-day operation and maintenance of the wind energy facility.
F. "Occupied Building" means any structure used as a residence or other public, private or commercial building used for public gathering that is occupied or in use when the permit application is submitted.
G. "Shadow Flicker" means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
H. "Turbine Height" means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor blade.
I. "Wind Turbine" means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, and may be of the following categories:
1. Commercial Wind Turbine: A wind turbine in which the total height exceeds 150 feet and generates 100 kw or more.
2. Personal Wind Turbine: A wind turbine in which the total height is less than 150 feet.
3. Hobbyist Wind Turbine: A wind turbine that is less than 50 feet in height and has a blade diameter less than 12 feet.
J. “Wind Energy Facility" means an electric generating facility, whose main purpose is to supply electricity, consisting of one wind turbine and other accessory structure and building, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
(2) Design and Installation.
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, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
B. Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Ohio Uniform Construction 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. Wind turbines shall have an automatic safety mechanism that will shut down wind turbine when icing of the wind turbine blades occurs.
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-reflective painted steel finish with 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.
4. Wind Turbines shall be erected on monopoles only.
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.
H. Climb Prevention/Locks.
1. Wind turbines shall not be climbable up to fifteen (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.
(3) Setbacks.
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 that zoning classification or one and one-tenth (1.1) times the turbine height plus blade diameter; 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 nonparticipating landowner's property a distance of not less than one and one-tenth (1.1) times the turbine height plus blade diameter, 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 one and one-tenth (1.1) times the turbine height plus blade diameter, whichever is greater. The setback distance shall be measured to the center of the wind turbine base to the nearest property line.
C. Public Streets. All wind turbines shall be set back from the nearest public street a distance not less than one and one-tenth (1.1) times the turbine height plus blade diameter, as measured from the right-of-way line of the nearest public street to the center of the wind turbine base.
No Wind Turbine or Wind Energy Facility shall be erected in the front yard or side yards of any property or within 20 feet of any lot line.
D. Waiver of Setbacks.
1. Non-participating landowners may waive the setback requirements in subsection (3)A.2. and subsection (3)B. above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
2. The written waiver shall be in a form approved by the Village Law Director and shall notify the property owner(s) of the setback requirement by this Chapter, describe how the proposed wind energy facility or wind turbine is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this Chapter.
3. Any such waiver shall be recorded in the office of the Richland County Recorder at applicant's sole cost. The waiver, in a form approved by the Law Director, 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 Planning Commission may waive the setback requirement for public streets for good cause.
(4) Shadow Flicker.
A. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
B. The applicant shall provide a reasonable analysis of potential shadow flicker impacts for the entire site and the adjacent properties, as requested by the Planning Commission.
(5) Noise.
A. Audible sound from a wind energy facility or wind turbine shall not exceed limits set forth by Chapter 531 of the Codified Ordinances.
B. Audible sound due to wind turbine or wind energy facility operations shall not exceed 5dba increase over existing background noise level (L90) or exceed 40dba for any period of time, when measured at any structure used as a residence, school, church, place of employment, or public library existing on the date of application for a wind turbine or a wind energy facility. All measurements should be taken using American National Standard Procedures. Measurements must be taken with qualified acoustical testing instruments meeting ANSI 1 standards.
C. A Pre-construction Background Noise Survey shall be conducted at the applicant's sole expense by an independent noise consultant contractor approved by the Village. Measurements shall be sampled for each residence, school, church, place of employment, or public library within 1 mile of proposed siting.
D. A Sound Impact Study shall be made available prior to approval of a wind turbine or wind energy facility. The Sound Impact Study could be made by a computer modeling using data specific to the wind turbine make and model. The Sound Impact Study will be conducted at the Applicant's expense by an independent noise consultant contractor approved by the Village.
The Planning Commission may evaluate noise studies when ruling on applications for conditional use of wind generation facilities.
(6) Waiver of Noise and Shadow Flicker.
A. Non-participating landowners may waive the noise and shadow flicker provisions of this Chapter by signing a waiver of their rights.
B. The written waiver shall notify the property owner( s) of the sound or flicker limits in this Chapter, describe the impact on thy property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this Chapter. The form shall be approved by the Village Law Director.
C. Any such waiver shall be recorded in the office of the Richland County Recorder at applicant's expense. The waiver shall describe the properties benefited and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property. The form shall be approved by the Village Law Director.
(7) Signal Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.
(8) Liability Insurance. 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) per occurrence and three million dollars ($3,000,000) in the aggregate for all personal and hobbyist wind turbines and three million dollars ($3,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for commercial wind turbines. Certificates shall be made annually to the Village. Administrative Director without request.
(9) Decommissioning.
A. The facility owner and operator shall, at its sole expense, complete decommissioning of the wind energy facility, or individual wind turbines, within three (3) months after the end of the useful life of the facility or individual wind turbines.
B. The wind energy facility or wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of three (3) months.
C. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a below grade depth of thirty-six (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. At the sole cost of the facility owner, an independent and Ohio certified - SEII structural engineer shall certify the total cost of decommissioning without regard to the salvage value ofthe equipment ("Decommissioning Costs").
F. The facility owner or operator shall post and maintain with the Village an amount equal to one hundred fifteen percent (115%) of the original Decommissioning costs. In the alternative, the one hundred fifteen percent (115%) of the Decommissioning Costs 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 Village Law Director.
G. If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (9)A. above, then the landowner shall have three (3) months to complete decommissioning.
H. If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (9)A. and G. above, then the Village may take such measures as necessary to complete decommissioning and use the posted funds for such purpose. The entry into and submission of evidence of a participating landowner agreement to the Village shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Village may take such action as necessary to implement the decommissioning plan as set forth herein, including upon the property and removal of all decommissioned structures.
I. The Village shall release the Decommissioning Funds when the facility owner or operator has demonstrated and the Village concurs that decommissioning has been satisfactorily completed, or upon written approval of the Municipality in order to implement the decommissioning plan.
(10) Prohibitions.
A. There shall be no co-location on any wind turbine or wind energy facility for any other use.
B. There shall be permitted only one wind turbine or wind energy facility on any parcel of property or contiguous parcels under common ownership.
(11) Variances. The Planning Commission may, in specific cases, vary or permit exceptions to any of the provisions of this section if it finds the applicant presents evidence of practical difficulties and that such variances will not violate the spirit or intent of this section and that a more harmonious and useful development will result.
(12) Penalty. In addition to the express provisions and remedies set forth in this section and Zoning Code, whoever violates or fails to comply with any provision of the section shall be guilty of a third degree misdemeanor which shall be punishable by not more than sixty (60) days in jail and a fine of not more than five hundred dollars ($500.00) per offense. Each day of violation shall constitute a separate offense.
(Ord. 14-06. Passed 3-17-14.)