The purpose of this section is to protect the public health, safety, convenience, comfort, prosperity or general welfare of the residents and to promote the orderly land use within the City of Salem. All Wind Energy Systems shall be a "conditionally permitted" use in the City of Salem. A Large Wind Energy System shall be permitted within C-2 General Commercial and M-2 Heavy Industrial Zone Districts on a parcel containing a minimum of four (4) acres under single ownership, A Small Wind Energy System shall be permitted within all Zone Districts.
(Ord. 110504-18. Passed 6-21-11.)
(a) A Wind Energy System is a system of capturing the energy in moving air that may include any or all of the following components:
(1) A turbine with propeller-style blades, or a vertical rotor, or a gearless blade tip power system.
(2) A tower or a mounting structure that meets all other requirements of this chapter.
(3) Associated electrical distribution circuitry, a battery or other means of storing energy or other means of transmitting energy
(4) Mechanical control mechanism
(5) Electrical/electronic/computer controlled circuitry
(6) A foundation
(7) Enclosures
(b) Wind Turbine means a Wind Energy System that converts wind energy into electric power by means of rotary motion driven by the passage of air through the Wind Energy System.
(c) A Large Wind Energy System means a system having not more than two (2) wind turbines and used for generating on-site electrical power and excess electrical power to the electric power energy distribution system (power grid) and having a faceplate capacity of 50 kW or more.
(d) Wind Turbine Rotor means that portion of a wind turbine that includes the blades or scoops, hub and shaft.
(e) Tower means an elevating structure intended to raise the rotor, turbine and accessory equipment above the ground or mounting surface.
(f) Total Height means the distance measured from the natural ground elevation (not mounted) to the highest point that any part of the Wind Energy System can reach.
(g) Under Single Ownership means under one entity such as any type corporation, partnership, sole proprietorship or a single individual.
(h) A Small Wind Energy System means:
(1) A Horizontal-Axis Wind Turbine (H.A.W.T.)Blade Tip Power System consisting of a gearless wind turbine with a Permanent Magnet Electric Generator. An enclosed six (6) foot diameter fan-like turbine consisting of magnets at the blade tips where power is created for on-site electrical power and excess electrical power to the electric power energy distribution system (power grid), and having a faceplate capacity of less than 50 kW.
(2) A Vertical-Axis Wind Turbine (V.A.W.T.) with the main rotor shaft arranged vertically for on-site electrical power and excess electrical power to the electric power energy distribution system (power grid), and having a faceplate capacity of less than 50 kW.
(i) Net metering means the difference between the electricity supplied over the electric distribution system (power grid) and the electricity generated by the Wind Energy System which is fed back into the electric distribution system (power grid) over a billing period.
(j) Wind Farm means an economically significant wind-powered electric generation facility, including three (3) or more wind turbines and associated facilities, with a single interconnection to the electrical grid. Wind Farms are not permitted in the City of Salem.
(Ord. 110504-18. Passed 6-21-11.)
(a) This section applies to all Wind Energy Systems as defined herein that are proposed to be constructed or located within the City of Salem after the effective date of this chapter.
(b) Any Wind Energy System constructed prior to the effective date of this Ordinance will not be required to meet the provisions of this section, provided that any physical modifications to such pre-existing Wind Energy System that materially alters the size, type and number of such Wind Energy Systems shall be required to comply with the provisions of this section. Preexisting Wind Energy Systems that are destroyed or damaged to the extent they can no longer operate, shall not be reconstructed except in conformity with this section.
(Ord. 110504-18. Passed 6-21-11.)
(a) A Wind Energy System shall be considered a "Conditionally Permitted Use" in all Zone Districts in the City of Salem. A Large Wind Energy System in a C-2 General Commercial and M-2 Heavy Industrial Zone District, shall consist of not more than two (2) wind turbines, shall be located on a parcel containing a minimum of four (4) acres under single ownership. A Small Wind Energy System may be located in any Zone District. Only one (1) Small Wind Energy System turbine shall be permitted at any single residential site or parcel in a Residential Zone District. The Board of Zoning Appeals shall determine the number of Small Wind Energy turbines at any single location in a Commercial or Industrial Zone District.
(b) No Wind Energy System shall be constructed or located within the City of Salem unless a "Conditionally Permitted Use" has been approved by the Board of Zoning Appeals and a permit has been issued to the applicant by the Zoning Officer. Application for a Wind Energy System shall be made to the City of Salem Zoning Office. The Board of Zoning Appeals shall approve the total height for all Wind Energy Systems
(c) The conditionally permitted use permit application for a Wind Energy System shall be made in compliance with this chapter and Section 1139.04
(d)(1)A. thru E., which regulates Conditional Uses. (Ord. 110504-18. Passed 6-21-11.)
(a) Electrical Interconnections.
(1) Before any Wind Energy System is installed, or connected to the commercial power system (power grid), the owner shall first make application for interconnect to the commercial power system (power grid) and shall enter into a power interconnect agreement with a copy of said agreement submitted at the time of application for a conditional use permit.
(2) All Wind Energy Systems shall conform to the National Electric Code and Ohio Building Code and all electrical interconnections and distribution electric lines shall be underground and shall comply with all applicable codes and requirements.
(3) Any Wind Energy System shall not provide power to off-site buildings, structures, or uses other than the electrical power energy distribution system (power grid).
(b) Specific Information.
(1) Specific information on the type, size rotor, material and rated power output, performance , safety and noise characteristics and decibel rating, of all parts of the system including the name and address of the component manufacturers model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes. This information shall be submitted at the time of application for a conditional use permit.
(2) All Wind Energy Systems connected to the commercial power system (power grid) shall be net metered, and shall have grid failure disconnect systems and shall adhere to the Ohio R.C. 4928.67.
(c) Liability Insurance. Property owners of all Wind Energy Systems shall maintain a current liability insurance policy which will cover installation and operation of the Wind Energy System at all times. The liability insurance policy shall, as a minimum include covering bodily injury and property damage with limits of at least one (1) million dollars per occurrence and one (1) million dollars in the aggregate. Property owners shall make the City of Salem a Certificate Holder and provide a copy of said certificate to the City of Salem. Annually, a property owner and/or Wind Energy System owner shall be required to renew the Wind Energy System Permit at a cost of fifty dollars ($50.00) and proof of insurance with the City of Salem as a Certificate Holder.
(d) Signal Interference. No Wind Energy System shall cause interference with television, internet or other communication signals received from abutting property owners. Once determined, said system is causing interference, the owner shall take steps to filter or block the cause of said interference. Failure to correct the cause for interference may cause the City to order the owner to terminate the Wind Energy System until such time the interference is corrected.
(e) Noise. No Wind Energy System shall generate sounds exceeding 60 decibels as measured from the nearest property lines.
(f) Useful Life and Decommissioning. All Wind Energy Applications shall include identification of the useful life of the Wind Energy System, as well as a decommissioning plan for the Wind Energy System.
(g) Modifications. Physical modifications to an existing and permitted Wind Energy System that materially alters the size, type and number of such systems with such materiality being determined by the Zoning Office shall require a new permit to be issued.
(h) Wind Energy Systems. No experimental, home built, or prototype Wind Energy System shall be allowed.
(i) Electric Power Energy Distribution System. All Wind Energy Systems shall be connected to the Electric Power Energy Distribution System (power grid).
(j) Setback. The setback distance for all pole mounted Wind Energy Systems shall be determined and based on the total height of the system. The minimum setback shall be 1.1 times the total height from the nearest property line; public right-of-way; rail line; utility corridor/easement and; overhead public utilities, such as fibre optic, cable, telephone or electric lines.
(k) Anti-Climbing Device. A single pole tower shall have anti-climbing protection which shall consist of not having rungs/ladders or other climbing devices for the first fifteen (15) feet from the foundation.
(l) Warning Signs. Appropriate warning signs to address voltage shall be posted.
(m) Maintenance. All Wind Energy Systems shall be maintained in good working order in accordance with manufacturers specifications.
(Ord. 110504-18. Passed 6-21-11.)
(a) Large Wind Energy Systems Within C-2 and M-2 Zone Districts.
(1) Upon application, for a Wind Energy System in a C-2 General Commercial and M-2 Heavy Industrial Zone District, there shall be filed with the Zoning Officer, plans which bear the stamp of approval and signature of the Department of Commerce, Department of Industrial Relations, Division of Factory and Building Inspection, of the State of Ohio, which shall act as evidence that the applicant has fulfilled the requirements of the State of Ohio for said construction.
(2) The fee for a Wind Energy System Permit, in a C-2 General Commercial and M-2 Heavy Industrial Zone District. shall be seven-hundred and fifty dollars ($750.00) which shall consist of a one-hundred and fifty dollar ($150.00) fee and six-hundred dollars ($600.00) towards an engineering review conducted by an engineering firm selected by the City of Salem. Additional engineering review costs shall paid for by the applicant before approval is granted. If site inspections are required, an inspection firm shall be selected by the City of Salem and the cost of said inspection shall be paid by the applicant. Fees are not refundable.
(3) The permit applicant shall provide documentation that the proposed Wind Energy System falls outside the limits set forth by Ohio R.C. 4561.32 as determined by the Ohio Department of Transportation (ODOT) Aviation Section. If the proposed Wind Energy System falls within the limits of Ohio R.C. 4561.32, the applicant shall provide a copy of the permit issued by the ODOT Section for said system.
(4) The permit applicant shall provide documentation that a "Determination of No Hazard to Air Navigation" has been received from the Federal Aviation Administration (FAA) for the proposed Wind Energy System.
(5) Permit Application. Applications for a Wind Energy System shall be made to the City of Salem, Zoning Office and shall include, but not limited to, the following information:
A. Site Plan, signed by a surveyor, architect or engineer, registered by the State of Ohio, to scale showing the location of all the components of the proposed Wind Energy System and the locations of all existing structures, buildings, property lines, overhead utilities, along with distances and
B. Elevation drawings of the site to scale showing the height, design, and configuration of the system and the height and distance to all existing structures, buildings, overhead utilities, property lines and rail lines.
C. Structural drawings and engineering analysis of the system tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity, and a standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site. All free standing tower designs shall be certified by a Registered Professional Engineer licensed by the State of Ohio.
D. Evidence of the cost value.
(6) Design Standards.
A. Tower Design. The design of the tower shall be a single enclosed pole, which is freestanding, without guy wires. The maximum number of towers per a four (4) acre parcel/site or system owner shall not exceed two (2).
B. Minimum Blade Height. The minimum height of the lowest extent of the turbine blade shall be thirty (30) feet above the foundation of the tower or thirty (30) feet above any structure or obstacle within thirty (30) feet horizontally from any part of the arc of the turbine blades.
C. Visual Appearance. Wind Energy Systems shall be finished in a corrosion resistant, non-obtrusive finish and a non-reflective color consisting of off-white, gray or sky/pale blue. No Wind Energy System shall be lighted, unless required by the FAA. No flags, streamers, decorations or advertising signs of any kind or nature shall be permitted on any system. All systems shall have a clearly visible warning sign at the base of the system warning of "High Voltage". All access doors to the Wind Energy System, if any, shall be locked to prevent entry by non-authorized personnel.
D. Controls and Brakes. All Wind Energy Systems with external blades shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for over-speed protections.
(b) Small Wind Energy Systems Within all Zone Districts.
(1) Small Wind Energy Systems shall be a Conditionally Permitted Use within all Zone Districts. There shall be only one (1) unit at each residential site or parcel, except within a Commercial or Industrial Zone District where the Board of Zoning Appeals shall set the permitted number of units at each location, site or parcel.
(2) A Small Wind Energy System shall have a faceplate capacity of less than 50 kW.
(3) The fee for a Small Wind Energy System Permit, in all Residential Zone Districts shall be one-hundred and fifty dollar ($150.00).
(4) Small Wind Energy Systems in all Commercial and Industrial Zone Districts shall be in compliance with Section 1189.06
(a)(1), (2), (3), (4), (5)A., B., D.
(5) A Small Wind Energy System installation shall not contain any guy wires.
(6) Permit Application. Applications for all Residential Small Wind Energy Systems shall be made to the City of Salem, Zoning Office and shall include, but not limited to, the following information:
A. Site Plan, signed by a surveyor, architect or engineer, registered in the State of Ohio, showing the location of all components of the Wind Energy System and the locations of all structures, buildings, property lines along with dimensions and distances.
B. Evidence of the cost value.
(7) Design Standards.
A. Mounting. Small Wind Energy Systems in Residential Zone Districts shall be roof mounted or mounted on a standard single metal utility pole in accordance with manufacturers specifications. Approval of a roof mounting system and the standard metal utility pole shall be granted by the Board of Zoning Appeals. Total height of a Small Wind Energy System shall be determined by the Board of Zoning Appeals and in no case shall any part of a roof mounted system extend higher than twelve (12) feet above the top of the roof where it is mounted. Pole mounted Small Wind Energy Systems shall be located at the rear of a main building.
(Ord. 110504-18. Passed 6-21-11.)
Any Wind Energy System which complies with the terms of this ordinance, but is not operable, with pending repairs limited to twelve months from the last date of operation, shall be removed within six (6) months after said repair period has expired. The property owner shall remove the Wind Energy System at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter-connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this ordinance and shall be subject to civil and criminal prosecution.
(Ord. 110504-18. Passed 6-21-11.)