(a) Purpose and intent. The purpose of this Section is to establish predictable and balanced regulations for the establishment of commercial and non-commercial Wind Energy Conversion Systems (“WECS”) in the locations and circumstances under which the use may be established without detriment to the public health, safety, and welfare of neighboring property owners or occupants.
(b) Application.
(1) Applicants for a WECS permit shall complete application forms as provided by the Building and Zoning Administrator.
(2) The application shall include the following:
A. A report from a professional engineer describing the proposed WECS and certifying the safety of the device;
B. A statement indicating that the proposed WECS is in compliance with all applicable regulations of the Federal Aviation Agency where appropriate.
C. A detailed site plan drawn to scale and dimensions, displaying the following information:
1. Lot lines and dimensions.
2. Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors.
3. Location and height of all adjacent buildings, structures, above ground utilities and trees located within two hundred feet of the exterior boundaries of the property in question.
4. Existing and proposed setbacks of all structures located on the property in question.
5. Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.
(c) Application review.
(1) The completed application shall be forwarded to the Zoning Administrator for review and recommendation. Within ten days of the receipt of the completed application, the Zoning Administrator shall forward the completed application to the Board of Zoning Appeals or Planning Commission, whichever is empowered to hear such application, for a public hearing. The public hearing shall be preceded by a notice mailed not less than ten days prior to such hearing to all residents within two hundred feet of the perimeter of the applicant's property.
(2) WECS permits shall be issued subject to the following conditions:
A. The height of WECS shall be determined by calculating the height from the base of the tower at grade to the highest possible extension of the blades. Rooftop mounted turbines shall be designed to resist the worst case load combinations as required by appropriate State Model Code.
1. The WECS structure shall not exceed one hundred feet in height in all zoning districts except manufacturing districts and PUD districts.
2. In manufacturing and PUD districts, the WECS structure shall not exceed that height that creates a radius that can be entirely contained on the property in the event of failure/collapse of the structure.
B. The WECS shall have a minimum setback of fifty feet or one hundred fifty percent of the height of the WECS, whichever is greater, from any property line.
C. No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the Federal Aviation Administration.
D. Blade arcs created by the WECS shall have a minimum of thirty feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system.
E. The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds, in the event of blade throw, or in the event of ice shed.
F. The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the National Electrical Code.
G. The WECS shall not include a tower-climbing apparatus within twelve feet of the ground. A locked anti-climb device shall be installed on the tower. Any tower capable of being climbed shall be enclosed by a locked, protective fence not less than six feet in height.
H. The WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area. The sign shall contain the following information:
1. A warning of high voltage;
2. The manufacturer's name;
3. An emergency telephone number;
4. The emergency shut down procedures;
I. Additional signs may be required on the basis of individual applications as safety needs dictate.
J. The WECS shall be filtered, shielded, or otherwise designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference.
K. Noises emanating from the operation of WECS shall be in compliance with all applicable provisions of the Ohio Revised Code, the Ohio Administrative Code and the City of London Codified Ordinances, as amended.
L. The WECS shall be constructed in a monopole design of tubular steel and shall be self-supporting without the use of guy wires or other similar features. Towers shall be painted a non-contrasting color consistent with the surrounding area such as pale gray or white or have a galvanized finish to reduce visual impact. Towers shall follow the above requirements unless otherwise directed by the Federal Aviation Administration.
M. The effects of shadow flicker on neighboring properties should be minimized.
(d) Inspection. The City hereby reserves the right upon issuing any WECS permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
(e) Decommissioning. Wind turbines must be maintained in good working order. The owner shall within thirty days of permanently ceasing operation of a wind turbine, provide written notice of abandonment to the Zoning Inspector. An unused wind turbine or small wind project may stand no longer than six months following abandonment. All costs associated with the demolition of the wind turbine and associated equipment shall be borne by the owner. A wind turbine is considered abandoned when it ceases transmission of electricity for thirty consecutive days. Wind turbines that become inoperable for more than six months must be removed by the owner within thirty days of issuance of zoning violation. Removal includes removal of all apparatuses, supports, and other hardware associated with the existing wind turbine.
(1) Zoning Administrator shall require the developer and operator to post a surety bond or other financial assurance that is at least 115% of decommissioning cost less salvage value as calculated and certified by a registered professional engineer. Calculation of the decommissioning and salvage should be updated every ten years and the fund amount adjusted accordingly. Rooftop structures are exempt from this procedure.
(2) Upon decommissioning, all above-ground and subsurface structures should be removed to a depth of at least thirty-six inches and the site returned, as closely as possible, to its previous state (unless otherwise directed by the landowner).
(3) Wind turbines and ancillary structures that are not decommissioned in accordance with zoning requirements are to be deemed a public nuisance.
(Ord. 108-11. Passed 8-4-11.)