(a) Definitions. Certain terms are defined for the purpose of this section as follows:
(1) Small wind energy system: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 150 kW and which is intended to reduce on-site consumption of utility power.
(2) Nacelle: The enclosure located at the top of a wind turbine to tower that houses the gear box, generator and other equipment.
(3) Power center: Serves as the central connection point for the electrical components in the system and provides a number of necessary control functions.
(4) Rotor: The rotating part of a turbine, including the blades.
(5) Tower: The support structure, including guyed, monopole and lattice types, upon which a wind turbine or other mechanical devise is mounted.
(6) Tower height: The height of the tower, measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position along the vertical axis of the tower.
(7) Wind turbine: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, power center and a rotor with two or more blades.
(b) Small Wind Energy Systems.
(1) It is the purpose of this regulation to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity. A small wind energy system may be permitted in any zoning district as a conditionally permitted use.
(2) No person shall cause, allow or maintain the use of a small wind energy system without first having obtained a conditional zoning certificate from the Board of Zoning Appeals. Application for a conditional zoning certificate shall be submitted to the Board of Zoning Appeals in accordance with Chapter 1129.
(c) District Regulations. Small wind energy systems shall meet the following requirements:
(1) Primary purpose shall be to provide power for the principal and accessory uses of the property and not for the generation of power for commercial sale.
(2) Minimum lot size of two (2) acres.
(3) One small wind energy system tower per lot or parcel.
(4) Small wind energy system shall be located only in the rear yard area.
(5) Maximum height shall be 80 feet, measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower.
(6) Minimum setback from all property lines, structures, and above ground utility lines shall be no less than 110 percent of the tower height.
(7) Anchor points for guy wires for the tower shall be located no closer than 25 feet to the property lines and not on or across any above ground electric transmission or distribution lines.
(8) Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.
(9) Tower and blade color shall be white or light gray.
(10) Lighting of the tower for aircraft and helicopters shall conform with Federal Aviation Administration standards for wattage and color, when applicable.
(11) The tower shall have either:
A. Tower climbing apparatus located no closer than 12 feet to the ground level at the base of the structure;
B. A locked anti-climb device installed on the tower; or
C. Shall be completely enclosed with a locked fence at least six feet in height to prevent uncontrolled access from unauthorized personnel.
(12) A sign shall be posted at the base of the tower warning of electrical shock or high voltage.
(13) An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
(14) All small wind energy systems must separately comply with Massillon Building Department regulations (building, mechanical, electrical, etc.)
(15) All small wind energy systems shall be installed, operated and maintained per the manufacturer’s instructions, including compliance with Ohio EPA regulations regarding storage and disposition of batteries and other hazardous materials.
(16) No variance shall be issued for the placement of a small wind energy system so close to a property line that it may result in any portion of the system to overhang, cross, or otherwise extend beyond the property line at any time, whether erect or in the event the system should fall or be toppled.
(17) Decommissioning and Restoration. Any small wind energy system which has reached the end of its useful life or has been abandoned shall be removed. A small wind energy system shall be considered abandoned when it fails to operate for one year. The applicant shall include the following information regarding decommissioning of the project and restoring the site when submitting the application for a conditional zoning certificate:
A. The anticipated life of the project;
B. The estimated decommissioning costs in current dollars;
C. The method and schedule for updating the costs of decommissioning and restoration;
D. The method of ensuring funds will be available for decommissioning and restoration; and
E. The anticipated manner in which the project will be decommissioned and the site restored.
(18) Site Plan requirement shall include, but not be limited to:
A. Property lines and physical dimensions of the site.
B. Location of small wind energy system tower, guy wires, setbacks from property lines, above- and under- ground utility lines, easements and any structures on the property. Also, show location of sewage treatment system, if applicable.
C. Location of signage.
D. Elevation of the proposed small wind energy system tower.
E. Location of trees within a 100-ft. radius of the proposed small wind energy system.
F. Manufacturer’s specifications, including make, model, and picture.
G. Scaled drawing prepared by a licensed engineer and/or surveyor, no smaller than 1: = 100'.
(Ord. 28-2009. Passed 3-16-09.)