(a) Purpose. The City recognizes the importance of clean, sustainable and renewable energy resources. The intent of these regulations is to establish general guidelines for the location of wind turbine and wind energy systems for noncommercial use. The City recognizes that in some specific instances, under carefully controlled circumstances, it may be appropriate to permit the placement of wind turbines or wind energy systems in certain areas of the City. City Council also recognizes the need to protect the safety, health and welfare of adjacent properties from unnecessary and unreasonable visual interference, noise radiation and the incorrect placement of wind turbine or wind energy systems may such that they may have a negative effect on surrounding property values. As such, this section seeks to:
(1) Protect residential and agricultural areas from the potential adverse impacts of wind turbines or wind energy systems.
(2) Permit wind turbines or wind energy systems only through the review and confirmation of these regulations on residential, commercial, industrial or agricultural property.
(3) Ensure the public health, welfare and safety of City residents in connection with wind turbine or wind energy systems.
(4) Avoid potential damage to real and personal property from the wind turbines or wind energy systems from the failure of such structures and related operations.
(b) Definitions.
(1) “Anemometer.” A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind turbine or wind energy system at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
(2) “Fall zone.” The potential fall area for a tower-mounted wind turbine or wind energy system as measured as the radius around the center point of the base of the tower.
(3) “Net metering.” The process by which surplus energy generated by a customer, as measured by the difference between the electricity supplied by an electric service provider and the electricity generated by a customer in an applicable billing period, is fed back to the electric service provider with customer compensation.
(4) “Power grid.” The transmission system created to balance the supply and demand of electricity for consumers in Ohio.
(5) “Professional engineer.” A qualified individual who is licensed as a professional engineer in the State of Ohio.
(6) “Shadow flicker.” Shadow flicker occurs when the blades of the turbine rotor cast shadows that move across the ground and nearby structures.
(7) “Structure-mounted wind turbine or wind energy system.” A wind turbine or wind energy system mounted on a structure roof, walls, or other elevated surface that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system.
(8) “Total height.” The vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the wind turbine or wind energy system.
(9) “Tower.” The monopole or guyed monopole constructed to support a wind turbine or wind energy system.
(10) “Tower height.” The height above grade of the fixed portion of the tower, excluding the wind turbine or wind energy system.
(11) “Tower-mounted wind turbine or wind energy system.” A wind turbine or wind energy system mounted on a tower that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system.
(12) “Wind turbine or wind energy system.” A system that converts the kinetic energy of the wind into electricity available for use beyond that used by the system.
(c) Applicability. No wind turbine or wind energy system governed by this section shall be constructed, erected, installed or located within City limits until proper siting approval has been obtained pursuant to this Zoning Code as follows:
(1) Wind turbine or wind energy systems shall be conditionally permitted pursuant to Section 1252.07 in all zoning districts.
(4) No wind turbine or wind energy system shall be erected, constructed, installed or modified without first receiving a building permit from the appropriate approving agency.
(5) Only one wind turbine or wind energy system shall be permitted per property.
(d) Development Standards. Wind turbine or wind energy systems shall be evaluated for compliance to the following standards:
(1) Fall zone.
A. A tower-mounted wind turbine or wind energy system shall have a fall zone at least 150% of the total height from:
1. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
2. Any future road right-of-way pursuant to the Wapakoneta Thoroughfare Plan or thoroughfare plan of adjacent jurisdictions, where appropriate.
3. All overhead utility lines.
4. All property lines, unless the affected land owner provides written permission through a recorded easement allowing the wind turbine or wind energy system's fall zone to overlap with the abutting property.
5. Any principal structure.
B. Guy wires used to support the tower of a tower mounted wind turbine or wind energy system are exempt from the wind turbine or wind energy system fall zone requirements.
C. A building-mounted wind turbine or wind energy system shall have a fall zone of at least 150% of the total height of the system supporting the wind turbine or wind energy system, excluding the building itself.
(2) Tower-mounted.
A. A tower-mounted wind turbine or wind energy system shall not exceed 100 feet in height as measured from construction grade. The construction grade shall not be increased above that of the surrounding property so as to artificially add height to the tower unless good cause can be shown by the applicant that the increase in grade is essential for the operation of the wind turbine or wind energy system.
B. The applicant shall provide evidence that the proposed tower height of a tower- mounted wind turbine or wind energy system does not exceed the height recommended by the manufacturer of the wind turbine or wind energy system.
C. All electrical connections shall be located underground.
(3) Building-mounted. A wind turbine or wind energy system that is erected on a building or structure other than a tower shall project no more than 15 feet above the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
(4) Sound level. Operation of wind turbine or wind energy systems shall not exceed 55 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 turbine or wind energy system, and all readings, if necessary, shall be taken from the nearest neighboring property line.
(5) Shadow flicker. Wind turbine or wind energy systems shall be sited in a manner that does not result in shadow flicker impacts on adjacent property. The applicant has the burden of proving that their wind energy system does not have an impact on neighboring or adjacent uses either through siting or mitigation.
(6) Signs. All signs, both temporary and permanent, are prohibited on wind turbine or wind energy systems, except as follows:
A. Manufacturer's or installer's contact identification information on the wind turbine or wind energy system which shall be affixed to the base of the tower limited to two square feet in size.
B. Appropriate warning signs and placards.
C. Advertising of any type shall not be permitted on the wind turbine or wind energy system.
(7) Code compliance. Wind turbine or wind energy systems shall comply with all applicable sections of the Ohio Building Code and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL) or an equivalent third party.
(8) Aviation. Wind turbine or 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 conditional use application.
(9) Visual impacts. It is inherent that wind turbine and 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.
A. The applicant shall demonstrate through project site planning and proposed mitigation that a wind turbine or 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 turbine or wind energy system design or appearance, buffering, and screening of ground-mounted electrical and control equipment.
B. The color of wind turbine or wind energy systems shall be painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
C. Wind turbine or 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 turbine or wind energy system.
(10) Utility connection. Wind turbine or wind energy systems proposed to be connected to the local utility power grid through net metering shall adhere to Ohio R.C. 4928.67 and the current ANSI standard.
(11) Access.
A. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
B. The tower of a tower-mounted wind turbine or 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.
(12) Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of wind turbines or wind energy systems and as otherwise prescribed by applicable laws, regulations and ordinances.
(13) Wiring and electrical apparatuses. All wires and electrical apparatuses associated with the operation of a tower-mounted wind turbine or wind energy system, except guy wires, shall be located underground.
(14) Maintenance.
A. All wind turbine or wind energy systems shall be maintained in good working order.
B. Any physical modification to the wind turbine or 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.
(15) Historic sites.
A. No wind turbine or wind energy system shall be located within 1,000 feet of any registered historic site or historic district.
B. Written proof of compliance with this requirement must be provided by the Ohio Historic Preservation Office and be submitted with the conditional use application.
(16) Controls and brakes.
A. All wind turbine and wind energy systems shall be equipped with a redundant braking system which must include:
1. Aerodynamic over-speed controls which include variable pitch, tip and other similar systems; and
2. Mechanical brakes which must be operated in fail-safe mode.
B. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(e) Procedure for Review.
(1) In accordance with Section 1252.07, Conditional Uses, a wind turbine or wind energy system shall be subject to receiving a conditional use permit prior to installation or modification thereof.
The issuance of a conditional use permit shall comply with the following requirements:
A. Site plan review. A site plan shall be submitted for review. The following items shall be the minimum requirements to be considered a complete application. The site plan shall include the following:
1. Property lines and physical dimensions of the applicant's property.
2. Location, dimensions and types of existing structures on the subject property and on properties directly contiguous to the subject property.
3. Location of the proposed wind turbine or wind energy system, foundations, guy wires and associated equipment.
4. Fall zone depicted as a radius around the center of the tower for a tower- mounted wind turbine or wind energy system.
5. The right-of-way or future right-of-way according to the Wapakoneta Thoroughfare Plan of any public road that is contiguous with the property.
6. Two-foot contours of the applicant's property and properties contiguous to the subject property.
7. All overhead utility lines.
8. The site plan must be prepared and stamped by a professional engineer or surveyor licensed to practice in the State of Ohio.
B. System specifications, including manufacturer, model, kilowatt size and generating power, rotor diameter in addition to tower height and tower type, if tower-mounted, for wind turbine or wind energy systems.
C. Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation if the system will be connected to the power grid.
D. Tower foundation blueprints or drawings for tower-mounted systems, including the color of the unit.
E. Tower blueprints or drawings for tower-mounted systems, including all safety measures, including anti-climb devices and lightning protection.
F. Sound level analysis prepared by the manufacturer or qualified engineer.
G. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (typically provided by the manufacturer).
H. Evidence of compliance or non-applicability with Federal Aviation Administration requirements.
I. A maintenance schedule and dismantling plan.
J. Compliance with all development standards as outlined in Section 1292.20(d), Development Standards.
(2) Zoning compliance. A Zoning Certificate must be obtained in accordance with Section 1252.04, Zoning Certificates.
(3) Building permit. A building permit must be obtained from the appropriate approving agency as directed by the Engineering Department.
(f) Decommissioning Plan. Prior to receiving site and conditional use approval under Section 1292.20(e), Procedure for Review, of these regulations, the applicant, owner and/or operator must formulate a decommissioning plan to ensure that the wind turbine or wind energy system is properly decommissioned. The decommissioning plan shall include the following process/provisions:
(1) A provision in the conditional use approval shall be included that the approved decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns or heirs.
(2) At such time that a wind turbine or wind energy system is scheduled to be decommissioned or discontinued, the applicant will notify the Zoning Administrative Officer by certified U.S. mail of the proposed date of discontinuation of operations.
(3) Upon decommission or discontinuation of use, the owner shall physically remove the system within 90 days from the date of decommission or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Zoning Administrative Officer. "Physically remove" shall include, but not be limited to:
A. Removal of the wind turbine or wind energy system.
B. Removal of any tower and other related above-ground structure.
C. Restoration of the location of the wind turbine or wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.
(4) In the event that an applicant fails to give such notice, the system shall be considered decommissioned or discontinued if the system is out of service for a continuous two-year period. After two years of inoperability, the Zoning Administrative Officer may issue a “Notice of Decommission” to the owner of the wind turbine or wind energy system. The owner shall have the right to respond to the “Notice of Decommission” within 30 days from the date of receipt. The Zoning Administrative Officer shall withdraw the “Notice of Decommission” and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind turbine or wind energy system has not been decommissioned.
(5) If the owner fails to respond to the “Notice of Decommission” or if after review by the Zoning Administrative Officer it is determined that the wind turbine or wind energy system has been decommissioned or discontinued, the owner of the wind turbine or wind energy system shall remove the wind turbine or wind energy system, tower and other related above-ground structures at the owner's sole expense within three months of receipt of the “Notice of Decommission.”
(g) Anemometer. The construction of an anemometer tower for the purpose of collecting data to develop a wind turbine or wind energy system shall conform to the following requirements:
(1) Anemometer towers shall adhere to the wind turbine or wind energy system standards as described in Section 1292.20(c), Applicability.
(2) Anemometer towers shall be installed on a temporary basis not to exceed 18 months.
(3) Anemometers must meet all applicable requirements of Section 1292.20(d), Development Standards.
(h) Insurance. The owner or operator of each wind turbine or wind energy system shall maintain a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence.
(Ord. 2012-26. Passed 6-4-12.)