(A) Intent and purpose.
(1) The city recognizes that wind energy is an abundant, renewable and nonpolluting energy resource of the city and that its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease air and water pollution that result from the use of conventional energy sources.
(2) The purpose of these regulations is to provide standards for non-commercial WECSs that are designed for on-site home and small farm use, and that are primarily used to reduce on-site consumption of utility power. The intent of this section is to encourage the development of non-commercial WECSs and to ensure that development of these facilities will have a minimal impact on adjacent properties and to protect the health, safety and welfare of residents of the city.
(B) Application process.
(1) Prior to construction of any non-commercial WECS, the project proponent shall first obtain special use permit and site plan approval from the City Planning Board, and a building permit from the Miami County Building Regulations Department.
(2) In addition to the application requirements of Chapter 154, all applications for a non-commercial WECS shall include the following information:
(a) Name and address of the applicant
(b) Evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application.
(c) A site plan drawn in sufficient detail to show the following:
1. Location of the tower(s) on the site and the tower height, including blades, rotor diameter and ground clearance.
2. Property lot lines and the location and dimensions of all existing structures and uses on site within 300 feet of the WECS.
3. Dimensional representation of the various structural components of the tower construction including the base and footing.
4. Certification by a Professional Engineer that the towers' design is sufficient to withstand wind loading requirements for structures as established by the Ohio Basic Building and Fire Prevention Code.
5. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system, provided by a Professional Engineer.
6. Turbine information: Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of the residential wind turbine and tower.
7. Photographs or detailed drawings of each wind turbine model, including the tower and foundation.
8. Grading plan and erosion and sedimentation control plan.
9. Sufficient information demonstrating that the system will be used primarily to reduce on-site consumption of electricity from the grid.
10. Written evidence (agreement) that the Tipp City Utilities Department has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid.
11. Such additional information as may be reasonably requested by the Planning Board for a complete understanding of the proposed project.
(C) Criteria for Approval. In addition to the criteria contained in Chapter 154, the Planning Board shall use the following criteria to evaluate all non-commercial WECSs:
(1) Only 1 wind turbine shall be allowed per lot. The system shall be primarily used to reduce the on-site consumption of electricity and at no times shall electricity be distributed across property lines.
(2) Setbacks. The non-commercial WECS shall be set back a distance equal to the height of the proposed WECS plus 10% of the height from:
(a) Property lines of the site on which the structure is located.
(b) Public rights-of-way.
(c) Overhead electrical lines.
(3) Maximum height. The maximum overall height of any non-commercial WECS shall be 150 feet.
(4) The maximum turbine output shall not exceed 100 k W per hour.
(5) The WECS shall be painted a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporates non-reflective surfaces to minimize any visual disruption.
(6) Lighting. Exterior lighting on any structure associated with the system shall not be allowed, except lighting that is specifically required by the Federal Aviation Administration (FAA).
(7) Signage. No advertising sign or logo shall be placed or painted on any turbine or tower. The Planning Board may allow the placement of the manufacturer's logo on a ground level structure in an unobtrusive manner.
(8) Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction related to the construction of the noncommercial WECS. If all such approvals have not been received at the time that the Planning Board considers the application for special use permit, receipt of these other agency approvals shall be a condition to be completed prior to the issuance of the special use permit.
(9) Safety and security requirements: The applicant shall adhere to the following safety and security requirements.
(a) Safety shutdown. Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blades within the design limits of the rotor. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(b) Grounding. All structures which may be charged with lightning shall be grounded according to applicable electrical code.
(c) Wiring. All wiring associated with the WECS shall be installed underground except for "tie-ins" to a Tipp City electrical transmission poles, towers or lines. This standard may be modified by the Planning Board if the terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(d) Ground clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of not less than 30 feet.
(e) Climbability. Wind turbine towers shall not be climbable up to 25 feet above ground level and/or other appropriate method of access control shall be provided.
(f) Anchor points for guy wires. Anchor points for any guy wires for a system tower shall be located on the property that the system is located on and not on or across any above ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence 6 feet high or sheathed in bright orange or yellow covering to 8 feet above the ground. The minimum setback for the guy wire anchors shall be 10 feet from the property line.
(g) Signage. Appropriate warning signage shall be placed on wind turbine towers, fences, and electrical equipment in accordance with § 157.012.
(10) Noise standard.
(a) Audible noise standard. Wind turbine operations shall not cause the noise level at the boundary of the proposed project site to exceed 45 dB(A) for more than 5 minutes out of any 1-hour time period or to exceed 50 dB(A) for any time period. If the ambient noise level in the vicinity of the WECS already exceeds this standard, the operation of the WECS shall not increase the nighttime or daytime ambient sound level at an adjacent residence by more than 3 dB(A). This decibel level may be exceeded during short-term events such as utility outages or severe wind storms.
(b) Low frequency noise. A noncommercial 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.
(11) Interference with television, microwave and radio reception. The noncommercial WECS shall be operated such that no disruptive electromagnetic interference is caused. If it is demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(12) Erosion control. Prior to granting a special use permit for a non-commercial WECS, the Planning Board shall determine that the erosion and sedimentation control plan is in conformance with the requirements set forth in § 155.04(L).
(D) Abandonment of use.
(1) All non-commercial WECSs shall be maintained in good condition and in accordance with all requirements of this section. At the city's discretion, the city shall cause an inspection of any non-commercial WECS to insure compliance with § 157.009. If this inspection shows that the structure is unsafe, then the owner will be given an opportunity to bring the structure into compliance. If the structure is deemed unsafe and the owner does not bring the structure into compliance within a reasonable period of time, the tower shall be dismantled and removed from the property at the owner's expense. The city reserves the right to dismantle the structure and to charge back the cost of this removal to the property owner. If unpaid this will be added as a charge to the tax levy of the property.
(2) Failure to abide by and faithfully comply with the standards of this section and with any and all conditions that may be attached to the granting of the special use permit shall constitute grounds for the revocation of the permit.
(E) Planning Board action.
(1) The Planning Board may grant the special use permit, deny the special use permit, or grant the special use permit with written stated conditions. Denial of the special use permit shall be by written decision based upon substantial evidence submitted to the Board.
(2) 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.
(F) Amendments to approval. Any changes or alterations to the non-commercial WECS after approval of the special use permit shall require amendment to the special use permit. Such amendment shall be subject to all the requirements of this section.
(Ord. 07-09, passed 3-2-2009)