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The purposes of this chapter are as follows:
(a) Promote the safe, effective, and efficient use of wind energy turbines in order to reduce the consumption of fossil fuels in producing electricity.
(b) Preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of a wind energy turbine.
(c) Establish standards and procedures by which the installation, design, siting, operation, and decommissioning of a wind energy turbine shall be governed.
(Ord. 734. Passed 8-3-11.)
The following definitions shall apply to the foregoing terms used in this chapter:
(a) ANEMOMETER is a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a Wind Energy Turbine at a given site.
(b) DECOMMISSIONING is the process of terminating operation and completely removing a wind energy turbine and all related buildings, structures, foundations, access roads, and equipment.
(c) LARGE WIND ENERGY TURBINE is a tower-mounted Wind Energy Turbine that converts wind energy into electricity through the use of equipment including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A Large Wind Energy Turbine has a nameplate capacity that does not exceed two hundred fifty (250) kilowatts. The total height does not exceed one hundred and fifty (150) feet.
(d) MONOPOLE means a tower constructed of a single, self-supporting metal tube, anchored to a foundation.
(e) ROTOR DIAMETER is the cross-sectional dimension of the circle swept by the rotating blades of a Wind Energy Turbine.
(f) SHADOW FLICKER is the moving shadow, created by the sun shining through the rotating blades of a Wind Energy Turbine. Shadow Flicker is a function of the turbine’s location, elevation, tree cover, natural grade, location of all structures, wind activity, and sunlight.
(g) SMALL WIND FARM is Wind Energy Turbine(s), Anemometers, and associated facilities designed for and having an aggregate capacity of less than five (5) megawatts, and is primarily used to generate energy for use on the property where it is located.
(h) SMALL WIND ENERGY TURBINE is a tower-mounted Wind Energy Turbine that converts wind energy into electricity through the use of equipment including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The Small Wind Energy Turbine has a nameplate capacity that does not exceed thirty (30) kilowatts. The total height does not exceed one hundred twenty (120) feet.
(i) TOTAL HEIGHT is the vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the Wind Energy Turbine.
(j) UPWIND TURBINE is a Wind Energy Turbine positioned in a manner so that the wind hits the turbine blades before it hits the tower in order to avoid the thumping noise that can occur if the wind is disrupted by hitting the tower before the blades.
(k) WIND ENERGY TURBINE is any tower-mounted, small or large wind energy turbine that converts wind energy into electricity.
(Ord. 734. Passed 8-3-11.)
The following siting and design requirements apply to all Wind Energy Turbines existing pursuant to this chapter.
(a) Upwind Turbines: Upwind Turbines shall be required.
(b) Monopole Only: All Wind Energy Turbines shall be mounted on a monopole. Lattice towers, guy wires, structure-mounted turbines, or any other manner of turbine mounting shall not be permitted.
(c) Height:
(1) The total height of each Small Wind Energy Turbine shall not exceed one hundred twenty (120) feet.
(2) The total height of each Large Wind Energy Turbine shall not exceed one hundred fifty (150) feet.
(d) Ground Clearance: The lowest extension of any blade or other exposed moving component of a Wind Energy Turbine shall be at least fifteen (15) feet above the ground (at the highest point of the grade level within fifty (50) feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the Wind Energy Turbine.
(e) Aesthetics:
(1) Each Wind Energy Turbine, including accessory buildings and related structures, shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the Wind Energy Turbine.
(2) Each Wind Energy Turbine shall not be artificially lighted, except to the extent required by the Federal Aviation Administration, Ohio Department of Transportation, or other applicable authority.
(3) Each Wind Energy Turbine shall not be used for displaying, advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer.
(4) No other antennae or dishes or the like are permitted to be mounted or attached to a Wind Energy Turbine.
(f) Quantity: The permissible number of Wind Energy Turbines shall be determined based on Siting and Setback.
(g) Siting and Setback:
(1) Location: Each Wind Energy Turbine shall only be located in a rear yard of a property that has an occupied building.
(2) Occupied Building Setback: Each Wind Energy Turbine shall be set back from all occupied buildings on the applicant’s parcel a minimum of twenty (20) feet measured from the base of the tower.
(3) Property Line Setbacks: Each Wind Energy Turbine shall be set back from every neighboring property line a distance equal to 1.1 times the Total Height of the Wind Energy Turbine, determined at the nearest neighboring property line boundary. If a sufficient setback cannot be attained due to lot size limitations and proximity to neighboring property lines, the owner must procure a waiver signed and notarized by the adjoining property owner(s).
(4) Public Road Setbacks: Each Wind Energy Turbine shall be set back from the nearest public road a distance equal to 1.1 times the total height of the Wind Energy Turbine, determined at the nearest boundary of the underlying right-of-way for such public road, unless written permission is granted from the governmental entity with jurisdiction over the road.
(5) Communication and Electrical Lines: Each Wind Energy Turbine shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to 1.1 times the total height of the Wind Energy Turbine, as measured from the base of the Tower, determined from the existing power line or telephone line, unless written permission is granted from the affected utility.
(6) Tower Separation: Wind Energy Turbine towers shall be separated based on industry standards and manufacturer recommendations.
(h) Maintenance: Each Wind Energy Turbine shall be maintained in good working order.
(i) Vibration: The Small Wind Farm shall not produce vibrations that are humanely perceptible beyond the property on which a Wind Energy Turbine is located.
(j) Noise: The Small Wind Farm shall not by its operation create any noise nuisance. Decibel levels for the project shall not exceed 50 decibels (dBA) measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe windstorms.
(k) Communication Systems: The Small Wind Farm shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
(l) Shadow Flicker: Applicants shall ensure nearby buildings are not subjected to more than thirty (30) hours of Shadow Flicker per year as a result of a Large Wind Energy Turbine.
(m) Electrical System: All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each parcel upon which each Wind Energy Turbine is sited at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.
(n) Grid-Interconnected: No grid-interconnected Small Wind Farm shall be installed until evidence has been given that the utility company has been informed in writing by the customer of his intent to install a grid-connected customer-owned generator. The customer must receive written approval from the utility company to be grid- interconnected. Off-grid systems shall be exempt from this requirement.
(o) Code Compliance: A Small Wind Farm shall comply with all applicable state construction and electrical codes.
(p) FAA Regulations: The Small Wind Farm shall comply with all applicable Federal Aviation Administration requirements, including Part 77 of Title 14 of the Code of Federal Aviation Regulations regarding installations close to airports.
(Ord. 734. Passed 8-3-11.)
In all Use Districts, a Small Wind Farm shall require a zoning permit. When applying for a zoning permit, applicant shall provide the following:
(a) Name of property owner(s), address(es), and parcel number(s).
(b) A site plan including maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the Small Wind Farm, property lines, physical dimensions of the property, existing building(s), setback lines, right-of- way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads, and contours. The site plan must also include adjoining properties as well as the location and use of all structures.
(c) The proposed type and height of the Wind Energy Turbine(s) to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, the total size and depth of the unit’s concrete mounting pad, and a description of ancillary facilities.
(d) Documented compliance with the noise requirements set forth in this Ordinance.
(e) Documented compliance with applicable local, state, and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(f) Proof of applicant’s liability insurance.
(g) Evidence that the utility company has been informed of the customer’s intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
(h) A listing and depiction of all safety measures that will be on the unit, including but not limited to anti-climbing devises, grounding devices, and lightning protection.
(i) A description of the methods that will be used to perform maintenance on the wind energy turbine and the procedures for lowering or removing the turbine in order to conduct maintenance.
(j) Other relevant information as may be reasonably requested.
(k) Signature of the applicant.
(Ord. 734. Passed 8-3-11.)
(a) If any Wind Energy Turbine is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility’s then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
(b) Each Wind Energy Turbine shall be equipped with an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
(c) A clearly visible warning sign regarding voltage shall be placed at the base of each Wind Energy Turbine tower.
(d) Security measures shall be in place to prevent unauthorized trespass and access. Each Large Wind Energy Turbine shall not be climbable up to fifteen (15) feet above ground surfaces. All access doors to Large Wind Energy Turbines and electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by non-authorized person(s).
(e) The structural integrity of each Wind Energy Turbine shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, “Wind Turbine Safety and Design” and/or IEC 61400-2, “Small Wind Turbine Safety,” IEC 61400-22 “Wind Turbine Certification,” and IEC 61400-23 “Blade Structural Testing,” or any similar successor standards.
(Ord. 734. Passed 8-3-11.)
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