(A) All applicants for a special use permit for a commercial WECS or any modification of such facility, shall comply with the requirements set forth in this chapter. The Planning Board is the officially designated agency or body of the city to whom applications for a special use permit for commercial WECSs must be made, and that is authorized to review, analyze, evaluate, and make decisions with respect to granting or not granting or revoking special use permits for WECSs. The city may, at its discretion, delegate or designate other official agencies or officials of the city to accept, review, analyze, evaluate, and make recommendations to the Planning Board with respect to the granting or not granting or revoking special use permits for a WECS.
(B) The Planning Board may reject applications not meeting the Council requirements stated herein or which are otherwise incomplete.
(C) No commercial WECS shall be installed, constructed, or modified until the application is reviewed and approved by the Planning Board and the special use permit has been issued.
(D) Any and all representations made by the applicant to the Planning Board on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Planning Board.
(E) An application for a special use permit for a commercial WECS shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.
(F) The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This would require an executed copy of the lease with the landowner or landlord or a signed letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.
(G) The applicant shall include a statement in writing that the proposed commercial WECS shall be maintained in a safe manner, and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief by the Planning Board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable city, state and federal laws, rules, and regulations.
(H) Where a certification is called for in this section, such certification shall bear the signature and seal of a professional engineer licensed in the state of Ohio.
(I) In addition to all other required information as stated in this chapter, all applications for the construction or installation of a new WECS or modification of an existing system shall contain the information hereinafter set forth:
(1) A descriptive statement of the objective(s) for the new system or modification;
(2) The name, address, and phone number of the property owner and applicant, and to include the legal name of the applicant.
(3) The postal address, lot number, and tax map parcel number of the property;
(4) The zoning district or designation in which the property is situated;
(5) A site plan drawn to scale and in sufficient detail to show the following:
(a) Size of the property stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;
(b) The location, size and height of all existing structures on the property within a radius equal to the height of the proposed WECS plus 10% of the height, or the existing setback requirement of the underlying zoning district, whichever is greater;
(c) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
(d) The proposed location of the WECS (including access driveways) as it relates to the boundaries of the parcel, adjacent ownerships, uses, utilities (above and below ground), and all existing structures to a distance of 2,000 feet.
(e) Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access driveways, and including an engineering analysis and certification of the tower, showing compliance with the applicable building code.
(f) Existing topographic contours at an interval of not greater than 2 feet if the slope of the ground is 15% or less, and not greater than 5 feet where the slope is more than 15%.
(6) Payment of the required application fee as noted in the Tipp City Schedule of Fees.
(7) The names, lot numbers and tax mailing addresses of all properties within 2,000 feet of any point on the site being considered for the commercial WECS.
(8) Such additional information as may be required by the City Engineer, City Planner/Zoning Administrator, or Planning Board for an adequate assessment of the proposed project.
(9) The Planning Board may determine that not all of these application materials are necessary for a particular project. Any requirements determined by the Planning Board to be deemed unnecessary must be fully documented with the reasons clearly noted.
(J) The applicant will provide a written copy of an analysis, completed by a Professional Engineer to determine if the proposed new WECS or existing structure intended to support a WECS is in compliance with Federal Aviation Administration (FAA) Regulation Part 77 and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided with the application.
(K) The applicant shall provide a detailed construction plan including but not limited to a construction schedule; hours of operation; designated construction routes; listing of materials, equipment, and/or loads to be transported; temporary construction facilities or trailers; contact information for on-site field representative.
(L) A plan for the control of erosion and sedimentation in conformance with § 155.04(L).
(M) Specific information on the type, size, height, materials, rated power output, performance, safety, and noise characteristics of each turbine model, tower, and electrical transmission equipment to include detailed drawings of each wind turbine model, including the tower, accessory structures, and foundation.
(N) A noise analysis shall be furnished, which shall include the following (see also § 157.008(II)(9) and (10)):
(1) A description and map of the project's noise-producing features, including the range of noise levels expected, and the tonal and frequency characteristics expected. The noise report shall include low frequency, infrasound, pure tone, and repetitive/impulsive sound.
(2) A description and map of the noise sensitive environment, including any sensitive noise receptors, i.e., residences, hospitals, libraries, schools, places of worship and similar facilities within 2,000 feet of the turbine(s) and/or other sensitive receptor points that may be identified by the Planning Board.
(3) A survey and report prepared by a Professional Engineer that analyzes the preexisting ambient sound level (including seasonal variation), including but not limited to separate measurements of low frequency and A-weighted noise levels across a range of wind speeds (including near cut-in), turbulence measurements, distance from the turbines, location of sensitive receptors relative to wind direction; and analyses at affected sensitive noise receptors located within 2,500 feet of the turbine and/or other sensitive receptor points that may be identified by the Planning Board.
(4) A description and map showing the potential noise impacts, including estimates of expected noise impacts from both construction and operation, and estimates of expected noise levels at sensitive receptor locations.
(5) A description of the project's proposed noise-control features, including specific measures proposed to protect workers and specific measures proposed to mitigate noise impacts for sensitive receptors consistent with the requirements of this chapter.
(6) Manufacturers' noise design and field testing data, both audible dB(A), and low frequency (deep bass vibration), for all proposed structures.
(O) A geotechnical report shall be furnished which shall at a minimum include the following:
(1) Soils and geologic characteristics of the site based on on-site sampling and testing, to provide an assessment of the soil suitability for construction of the proposed WECS.
(2) Foundation design criteria for all proposed structures (i.e. towers, accessory structures, etc.).
(3) Slope stability analysis.
(4) Grading criteria for ground preparation, cuts and fills, soil compaction.
(P) The applicant shall provide certification with documentation (structural analysis) including calculations that the WECS and foundation and attachments and any supporting structure as proposed to be utilized are designed and will be constructed to meet all local, city, state and federal structural requirements for loads, including wind and ice loads as follows:
(1) Ice throw calculations. A report that calculates the maximum distance that ice from the turbine blades could be thrown, and the potential risk assessment for inhabitants and structures. (The basis of the calculation and all assumptions must be disclosed).
(2) Blade throw calculations. A report that calculates the maximum distances that pieces of the turbine blades could be thrown, and the potential risk assessment for inhabitants and structures. (The basis of the calculation and all assumptions must be disclosed).
(3) Catastrophic tower failure. A report from the turbine manufacturer stating the wind speed and conditions that the turbine is designed to withstand, and the potential risk assessment for inhabitants and structures (including all assumptions).
(4) Certification by a professional engineer that the tower's design is sufficient to withstand wind loading requirements for structures or as established by the Ohio Basic Building Code.
(5) Certification by a professional engineer that the tower's design is sufficient to withstand the potential geologic, seismic and soils impacts/constraints, which may affect the proposed project.
(Q) The applicant shall submit a photometric lighting plan that describes all lighting that will be required, including any lighting that may be required by the FAA. Such plan shall include, but is not limited to the number and location of all fixtures, light color, whether any such lights will be flashing, and mitigation measures planned to control the light from neighboring properties.
(R) Shadow flicker study. The applicant shall conduct a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECS and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with neighboring properties and describe measures that shall be taken to eliminate or mitigate the problem (see also § 157.008(II)(13)).
(S) Study of potential impacts to birds and bats, using methodology approved by Ohio Division of Wildlife or another agency acceptable to the Planning Board (see also § 157.008(II)(7)).
(T) Decommissioning and site restoration plan.
(1) The applicant shall submit a decommissioning and site restoration plan, including cost estimate, to the Planning Board for its review and approval, prior to the approval of any special use permit. The site restoration plan shall identify the specific properties it applies to and shall indicate removal of all buildings, structures, wind turbines, access roads and/or driveways and foundations to 3.5 feet below finish grade; road repair costs, if any; and all regrading and revegetation necessary to return the subject property to the condition existing prior to establishment of the commercial WECS. The restoration shall reflect the site-specific character, including topography, vegetation, drainage, and any unique environmental features. The plan shall include a certified cost estimate of the total cost (by element) of implementing the removal and site restoration plan. The decommissioning plan shall include information regarding the anticipated life of the project.
(2) As a condition of special use permit approval, the applicant and the owner of record of any proposed WECS property site shall, at its cost and expense, be jointly required to execute and file with the city a bond, or other form of security acceptable to the city as to type of security and the form and manner of execution, in an amount sufficient to ensure the faithful performance of the removal of the tower, wind turbine, and other components of the commercial WECS and the restoration of the site subsequent to such removal, in accordance with the approved decommissioning and site restoration plan. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special use permit.
(3) The sufficiency of such bond shall be confirmed at least every 5 years by an analysis and report of the cost of removal and site restoration, such report to be prepared by a professional engineer. The project sponsor/operator shall be responsible for obtaining a professional engineer for the preparation of the analysis and report and be responsible for the payment of all costs associated with the preparation of the analysis and report. If said analysis and report determines that the amount of the bond in force is insufficient to cover the removal, disposal and site restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report. The report and increased amount of the bond shall be filed with the City Manager or his or her designee.
(4) All bond requirements shall be fully funded before the special use permit is issued.
(5) The decommissioning and site restoration bond shall be in effect for the entire duration of the special use permit.
(6) The applicant and his or her successors or assigns in interest, shall maintain the required bond funds for the duration of the special use permit.
(7) Failure of the applicant and his or her successors or assigns in interest to maintain a valid and current bond shall be deemed a breach of contract and shall initiate the process to void the special use permit as defined in § 157.014.
(U) FAA notification. A copy of written notification to the Federal Aviation Administration.
(V) Notification to microwave communications link operators. An application that includes any wind turbine which is located within 2 miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link.
(W) Other information. Such additional information as may be reasonably required by the City Engineer, City Planner/Zoning Administrator, city's consultants, or Planning Board for an adequate assessment of the proposed project.
(X) The Planning Board may determine that not all of these application materials are necessary for a particular proposed project. Any requirements determined by the Planning Board not to be deemed necessary must be fully documented with the reasons clearly noted.
(Y) Retention of Expert Assistance and Reimbursement By Applicant.
(1) The city may hire any consultant and/or expert necessary to assist the city in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any site inspections.
(2) An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of consultant and expert evaluation and consultation to the city in connection with the review of any application, including the construction and modification of the site, once permitted. The initial deposit shall be $10,000. The placement of the $10,000 with the city shall precede the pre-application meeting. The city will maintain a separate escrow account for all such funds. The city's consultants/experts shall invoice the city for its services in reviewing the application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $3,000, the applicant shall immediately, upon notification by the city, replenish said escrow account so that it has a balance of at least $7,500. Such funds shall be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.
(3) The total amount of the funds needed as set forth in division (2) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
(Z) If a new WECS, or modification adding to a visual impact, the applicant shall furnish a visual impact assessment, which shall include:
(1) If a new tower or increasing the height of an existing structure is proposed, a computer generated zone of visibility map at a minimum of 1-mile radius from the proposed structure, with and without foliage, shall be provided to illustrate locations from which the proposed installation may be seen.
(2) Pictorial representations of "before and after" (photo simulations) views from key viewpoints both inside and outside of the city as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key sites at the pre-application meeting. Provide a map showing the locations of where the pictures were taken and distance from the proposed structure.
(3) A written description of the visual impact of the proposed facility including as applicable; the tower base, guy wires, signage, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.
(a) Existing vegetation, such as trees and shrubs, shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of any security enclosure in accordance with § 157.008(BB).
(b) Signage shall be posted around the facility in accordance with § 157.012. The city and any co-locators shall be granted reasonable access.
(c) All facilities shall be painted a non-contrasting gray or similar color when approved by the Planning Board, minimizing its visibility unless otherwise required by the Federal Aviation Administration and/or by historic preservation or architectural review standards imposed by the Zoning Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by means of camouflage techniques deemed acceptable by the Planning Board.
(d) No facility shall be artificially illuminated except as required by the Federal Aviation Administration or as deemed necessary by the Planning Board for unusual security or safety reasons.
(e) No advertising sign or logo shall be placed or painted on any part of any commercial WECS.
(f) Where more than 1 wind turbine is proposed, the project shall use wind turbines whose appearance is similar throughout the project, to provide reasonable uniformity in terms of overall size, geometry and rotational speed.
(g) All access driveways shall be graded and provided with a hard surface of bituminous or Portland cement concrete.
(AA) The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed WECS.
(BB) The WECS and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or concealment technology as may be required by the city.
(CC) All utilities at a WECS site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the city, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(DD) All WECSs shall be constructed, operated, maintained, repaired, provided for removal of, modified, or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the city, state, or United States, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(EE) A holder of a special use permit granted under this chapter shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity or agency having jurisdiction over the applicant.
(FF) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues that will help to expedite the review and special use permitting process. A pre-application meeting shall also include a site visit if there has not been a prior site visit for the requested site.
(GG) An applicant shall submit to the city the number of completed applications determined to be needed at the pre-application meeting.
(HH) The holder of a special use permit shall notify the city of any intended modification of a WECS and shall apply to the city to modify, relocate, or rebuild a WECS.
(II) Criteria. In addition to the criteria contained in Chapter 154 of the Tipp City Code of Ordinances, the Planning Board shall use the following criteria to evaluate all commercial WECSs.
(1) Height of tower(s).
(a) The applicant shall submit documentation justifying the total height of any tower requested and the basis therefor. Documentation in the form of wind studies must include all backup data used to perform at requested height and a minimum of 25 feet lower than such height to allow verification of this height need.
(b) No tower constructed after the effective date of this chapter, including allowing for all attachments, shall exceed that height which shall permit operation without requiring artificial lighting of any kind in accordance with municipal, city, state, and/or any federal statute, law, local law, city ordinance, code, rule, or regulation.
(2) Visibility of facilities.
(a) WECSs shall not be artificially lighted or marked, except as required by law.
(b) Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this chapter.
(3) Lighting. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(4) Safety and security of facilities.
(a) All WECS shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.
(b) All WECS and their supporting structures shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with.
(c) Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. A manual electrical and/or overspeed shutdown disconnect switch shall be provided and clearly labeled on the tower structure. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the structure, rotor blades, and turbine equipment.
(d) All structures shall be grounded according to applicable electrical codes.
(e) All wiring between the wind turbine and the substation shall be installed underground unless Planning Board determines that this is not safe or practical due to site specific constraints.
(f) Ground clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of not less than 50 feet.
(g) Climbability. Towers shall not be climbable up to 25 feet above ground level.
(h) Access doors locked. All access doors to towers and electrical equipment shall be lockable and shall remain locked at all times when operator personnel are not present.
(i) Signage. Appropriate warning signage shall be placed on towers, electrical equipment, fences, and WECS facility entrances in accordance with § 157.012.
(5) Ice throw. The Planning Board shall determine the acceptable ice throw range based on the activities in the area, location and calculations of the ice throw.
(6) Fire hazard protection. The applicant shall submit a fire control and prevention program that is appropriate and adequate for the proposed facility. The proposed program may include, but is not limited to, the following
(a) Fireproof or fire resistant building materials.
(b) Buffers or fire retardant landscaping.
(c) An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment without regular human occupancy.
(d) Provision of training and firefighting equipment for local fire protection personnel and/or other emergency responders.
(7) Impact on wildlife species and habitat. Development and operation of a commercial wind energy facility shall not have a significant adverse impact on migratory birds and bats and/or endangered or threatened fish, wildlife, or plant species or their critical habitats, or other significant habitats as determined by the Tipp City Planning Board in accordance with § 157.008(S).
(8) Setbacks. All proposed towers and any other proposed WECS structures shall be set back from property lines, recorded rights-of-way, and overhead electrical lines by the greater of the following distances: A distance equal to the height of the proposed WECS plus 10% of the height, or the existing setback requirement of the underlying zoning district, whichever is greater. Any structure shall be located to comply with the applicable minimum setback requirements for the property on which it is situated.
(9) Noise. A commercial WECS shall not be approved unless the applicant demonstrates that the proposed project complies with the following noise requirements as approved by the City Engineer.
(a) Audible noise standards.
1. Audible noise due to wind turbine operations shall not exceed 45 dB(A) for more than 5 minutes out of any 1-hour time period or exceed 50 dB(A) for any time period, at any property line of the proposed project site. This decibel level may be exceeded during short-term events such as utility outages or severe wind storms.
2. The sound level from the operation of a commercial WECS shall not increase by more than 3 dB(A) the nighttime or daytime ambient sound level at any sensitive noise receptors, i.e., residences, hospitals, libraries, schools, places of worship and similar facilities within 2,500 feet of the turbine.
(b) Low frequency noise. A commercial WECS shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home, or other sensitive noise receptor.
(c) Noise setbacks. The Planning Board may impose a noise setback that exceeds the other setbacks set out in this section if it deems that such greater setbacks are necessary to protect the public health, safety and welfare of the community.
(d) Within 1 year of commencement of commercial operation, the project proponent shall submit a noise study of operation conditions to ensure that the project is in compliance with the standards of this section. The study shall be based on receptor points identified during the application review process. In addition to the initial study, the Planning Board may require periodic additional noise studies.
(10) Noise and Setback Easements. In the event that a commercial WECS does not meet a setback requirement or exceeds the noise criteria, above, the Planning Board may grant a waiver of the setback and/or noise criteria, except for the setback required by § 157.008(II)(8) in the following circumstances:
(a) Written consent from the affected property owners is presented to the Planning Board, stating that they are aware of the commercial WECS and the noise and/or setback limitations contained in this chapter, and that consent is granted to:
1. Allow noise levels to exceed the maximum limits otherwise allowed; and/or
2. Setbacks less than required; and
(b) In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, shall be recorded in the Miami County Recorder's Office describing the encumbrance on the burdened property. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Tipp City Planning Board.
(11) Interference with television, microwave and radio reception. The applicant must submit information that the proposed construction of the commercial WECS will not cause interference with microwave transmissions, cellular transmissions, residential television interference or radio reception of domestic or foreign signals. The applicant shall include specific measures proposed to prevent interference, a complaint procedure, and specific measures proposed to mitigate interference impacts.
(12) Interference with aviation navigational systems.
(a) The applicant shall provide documentation that the proposed WECS will not cause interference with the operation of any aviation facility.
(b) The applicant shall provide documentation that the proposed WESC complies with all Federal Aviation Administration (FAA) regulations.
(c) Locking mechanisms to limit radar interference required. All commercial WECSs shall include a locking mechanism which prevents the blades from rotating when not producing power, in order to limit airport radar interference. This provision does not apply while the WECS is "freewheeling" during start-up and shutdown. The Planning Board may modify or eliminate the requirement for a locking mechanism if sufficient evidence is presented that no significant airport radar interference will be caused by the commercial WECS.
(13) Shadow flicker. The WECS shall be designed such that the project shall minimize shadow flicker onto adjacent existing residences. Mitigation measures, which may include landscaping, shall be incorporated into any special use permit approval. The required shadow flicker study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or minimize the problem.
(JJ) Public hearing and notification requirements.
(1) Prior to the approval of any application for a special use permit for a commercial WECS, a public hearing shall be held by the Planning Board, notice of which shall be published in the official newspaper of the city no less than 10 calendar days prior to the scheduled date of the public hearing. In order that the city may notify nearby landowners, the application shall contain the names and address of all landowners whose property is located within 1,500 feet of any property line of the lot or parcel on which the new commercial WECS is proposed to be located.
(2) There shall be no public hearing required for an application to co-locate on an existing tower or other structure or a modification at an existing site, as long as there is no proposed increase in the height of the tower or structure, including attachments thereto.
(3) The Planning Board shall schedule the public hearing referred to in division (A) of this section once it finds the application is complete. The city, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary.
(KK) Action on an application for a special use permit.
(1) The city will undertake a review of an application pursuant to this chapter in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution.
(2) The city may refer any application or part thereof to any advisory or other committee for a non-binding recommendation.
(3) After the public hearing and after formally considering the application, the Planning Board may approve, approve with conditions, or deny a special use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.
(4) The Planning Board shall be authorized to waive or modify certain requirements as necessary to achieve compatible development with adjacent land areas as well as in the interest of the community in general. The Planning Board may also impose such additional conditions, guarantees, and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this chapter will be observed.
(5) If the Planning Board approves the special use permit for the commercial WECS, then the applicant shall be notified of such approval in writing within 10 calendar days of the city's action, and the special use permit shall be issued within 30 days after such approval. Except for necessary building permits, and subsequent certificates of compliance, once a special use permit has been granted hereunder, no additional permits or approvals from the city, such as site plan or zoning approvals, shall be required by the city for the WECS covered by the special use permit.
(6) If the city denies the special use permit for the WECS, then the applicant shall be notified of such denial in writing within 10 calendar days of the city's action.
(LL) Extent and parameters of special use permit. The extent and parameters of a special use permit for a WECS shall be as follows:
(1) Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification to the city.
(2) Such special use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special use permit, or for a material violation of this chapter after prior written notice to the holder of the special use permit.
(MM) Reservation of authority to inspect facilities. In order to verify that the holder of a special use permit for a commercial WECS and any and all lessees, renters and/or licensees of WECS, place and construct such facilities, including towers in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the city may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification, and maintenance of such facilities, including, but not limited to towers, buildings or other structures constructed or located on the permitted site.
(NN) Road bond.
(1) Construction of a commercial WECS poses potential risks because of the large size of construction and transport (delivery) vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:
(a) Minimizing traffic impacts from construction and delivery vehicles;
(b) Minimizing construction related traffic during times of school bus activity;
(c) Minimizing wear and tear on local roads; and
(d) Minimizing impacts on local business operations. Permit conditions may limit construction-related traffic to specified routes and include a plan for disseminating traffic route information to the public.
(2) The applicant is responsible for remediation of damage to public roads caused by construction-related traffic, after completion of the installation of the WECS. To ensure that this remediation occurs, prior to the issuance of a special use permit, the project sponsor shall post a public improvement bond in an amount, as determined by the Planning Board and City Engineer, sufficient to repair any damage that occurs to city roads during the construction phase of the project. The Tipp City Law Director shall approve the form of the bond.
(3) In the event that any post construction maintenance or replacement of components, which could affect city roads, is necessary, the project owner/operator shall notify the city and a new bond for any potential damage to city roads shall be posted.
(OO) Liability insurance.
(1) A holder of a special use permit for a commercial WECS shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below:
(a) Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence; $2,000,000 aggregate;
(b) Automobile coverage: $ 1,000,000 per occurrence; $2,000,000 aggregate;
(c) Workers compensation and disability: statutory amounts.
(2) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.
(3) The insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least 30 days prior written notice in advance of the cancellation of the insurance.
(4) Renewal or replacement policies or certificates shall be delivered to the city at least 15 days before the expiration of the insurance that such policies are to renew or replace.
(5) Before construction of a permitted commercial WECS is initiated, but in no case later than 15 days after the grant of the special use permit, the holder of the special use permit shall deliver to the city a copy of each of the policies or certificates representing the insurance in the required amounts.
(Ord. 07-09, passed 3-2-2009)