Wind energy systems shall be evaluated for compliance to the following standards:
(a) Fall Zone.
(1) A tower mounted wind energy system shall have a fall zone at least 110 percent of the total height from:
A. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
B. Any future road right-of-way pursuant to the City Thoroughfare Plan or thoroughfare plan of adjacent jurisdictions, where appropriate.
C. All overhead utility lines.
D. All property lines, unless the affected land owner provides written permission through a recorded easement allowing the wind energy system's fall zone to overlap with the abutting property.
E. Any principal structure.
(2) Guy wires used to support the tower of a tower mounted wind energy system are exempt from the wind energy system fall zone requirements.
(b) Tower.
(1) The tower of a tower-mounted wind energy system shall not exceed 150 feet in height.
(2) The applicant shall provide evidence that the proposed tower height of a tower mounted wind energy system does not exceed the height recommended by the manufacturer of the wind energy system.
(c) Sound Level. Operation of wind energy systems shall not exceed fifty-five decibels, except during short-term events such as severe wind storms and utility outages. This information shall be obtained from the manufacturer of the wind energy system, and all readings, if necessary, shall be taken from the nearest neighboring property line.
(d) Shadow Flicker. Wind energy systems shall be sited in a manner that does not result in shadow flicker impacts. The applicant has the burden of proving that their wind energy system does not have such impact on neighboring or adjacent uses either through siting or mitigation.
(e) Signs. All signs, both temporary and permanent, are prohibited on wind energy systems, except as follows:
(1) Manufacturer's or installer's identification on the wind energy system.
(2) Appropriate warning signs and placards.
(f) Code Compliance. Wind energy systems shall comply with all applicable sections of the Ohio Building Code and all other applicable codes.
(g) Aviation. Wind energy systems shall be built to comply with all applicable Federal Aviation Administration regulations. Evidence of compliance or non-applicability shall be submitted with the Zoning Certificate.
(h) Visual Impacts. It is inherent that wind energy systems may pose some visual impacts due to the total height needed to access the wind resources. The purpose of this section is to reduce the visual impacts, without restricting the owner's access to wind resources.
(1) The applicant shall demonstrate through project site planning and proposed mitigation that a wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to information regarding site selection, wind energy system design or appearance, buffering, and screening of ground mounted electrical and control equipment.
(2) The color of wind energy systems shall be painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
(3) Wind energy systems shall not be artificially lit unless such lighting is required by the Federal Aviation Administration. If lighting is required, the applicant shall provide a copy of the Federal Aviation Administration determination to establish the required markings and/or lights for the wind energy system.
(i) Utility Connection. Wind energy systems proposed to be connected to the power grid through net metering shall adhere to Ohio R.C. 4928.67 or any future corresponding statutory provision.
(j) Access.
(1) All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(2) The tower of a tower mounted wind energy system shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of ten feet above the ground.
(k) Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of wind energy systems and as otherwise prescribed by applicable laws, regulations and ordinances.
(l) Wiring and Electrical Apparatuses. All wires and electrical apparatuses associated with the operation of a tower-mounted wind energy system, except guy wires, shall be located underground.
(m) Maintenance.
(1) All wind energy systems shall be maintained in good working order.
(2) Any physical modification to the wind energy system that alters the mechanical load, mechanical load path, or major electrical components shall require re- application for conditional use under this section. Like kind replacements shall not require re-application.
(n) Multiple Wind Energy Systems. Multiple wind energy systems are allowed on a single parcel so long as the owner/operator complies with all regulations set forth in this chapter.
(o) Controls and Brakes.
(1) All wind energy systems shall be equipped with a redundant braking system which must include:
A. Aerodynamic over-speed controls which include variable pitch, tip and other similar systems and;
B. Mechanical brakes which must be operated in fail-safe mode.
(2) Stall regulation features shall not be considered a sufficient braking system for over-speed protection.
(Ord. 2014-27. Passed 8-5-14.)