This chapter is adopted in order to provide for and to promote the development of alternative energy sources; specifically the construction and operation of wind energy facilities in the City subject to reasonable conditions that will protect the public health, safety and welfare.

(Ord. 2011-32. Passed 3-7-11.)

   A.   “Applicant.” The person or entity filing an application under this chapter.

   B.   “Facility owner.” Any person having an equitable interest or ownership in the wind energy facility, including their respective successors and assigns.

   C.   “Hub height.” The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

   D.   “Occupied building.” A residence, school, hospital, church, public library or any building other than the wind energy facility building used for public gathering.

   E.   “Operator.” The person responsible for the day-to-day operation and maintenance of the wind energy facility.

   F.   “Person.” An individual, corporation, business trust, estate, trust, partnership, association, limited liability company or any other entity authorized to do business under the laws of the State of Ohio.

   G.   “Shadow flicker.” The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.

   H.   “Turbine height.” The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

   I.   “Wind energy facility.” An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

   J.   “Wind turbine.” A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower, and pad transformer, if needed.

(Ord. 2011-32. Passed 3-7-11.)

   A.   No person shall construct, erect, maintain, extend or remove a wind energy facility in the City without compliance with the provisions of this chapter.

   B.   A wind energy facility shall be permitted only as a conditional use.

   C.   Wind energy facilities constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a conditional use pursuant to Chapter 1135 of the Codified Ordinances.

(Ord. 2011-32. Passed 3-7-11.)

   A.   No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the City unless a conditional use permit ordinance has been adopted by the City pursuant to this chapter and Chapter 1135 of the Elyria Codified Ordinances.

   B.   Except as otherwise approved by City Council, wind turbines shall be limited in height and kilowatt output in the City of Elyria zoning use districts as follows:

 

   C.   Any physical modification to an existing conditionally permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval pursuant to Chapter 1135 of the Codified Ordinances. Like-kind replacements as determined by the Building Inspector shall not require review by City Council or the Planning Commission.

   D.   Submission Requirements.

      1.   An application for a conditional use permit shall be as described in Section 1135.03 of the Codified Ordinances. In addition the following information is to be provided:

         a.   A narrative description of the existing use.

         b.   A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

         c.   An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

         d.   A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substations(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback, a lighting plan, and other information that may be required.

         e.   Documents related to decommissioning, i.e. plan and estimated cost of removal.

         f.   Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this chapter.

         g.   Any documents reasonably deemed necessary by the Service Director.

         h.   The fee as established by City Council.

(Ord. 2011-32. Passed 3-7-11.)

   A.   Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards.

   B.   Controls and Brakes. All wind energy facilities shall be equipped with a redundant braking system.

   C.   Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, State and national codes, and relevant and applicable international standards.

   D.   Visual Appearance.

      1.   Wind turbines shall be a non-obtrusive color.

      2.   Wind energy facilities located in a residential district shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

      3.   Wind turbines shall not display advertising.

   E.   Power Lines.

      1.   On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

   F.   Warnings.

      1.   Clearly visible warning signs concerning voltage must be placed at the base of all transformers and substations.

      2.   Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.

   G.   Climb Prevention/Locks.

      1.   Wind turbines shall not be climbable up to 15 feet above ground surface.

      2.   All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate to prevent entry by non-authorized persons.

   H.   Maintenance.

      1.   The owner of a wind turbine shall properly maintain the turbine in accordance with Section 1305 International Property Maintenance Code.

      2.   The Building Department shall conduct an annual inspection of any wind turbine to ensure compliance with all safety and maintenance requirements.

(Ord. 2011-32. Passed 3-7-11.)

   A.   Occupied Buildings.

      1.   Wind turbines shall be set back from the nearest occupied building, a distance not less than the normal setback requirements for the zoning classification or 1.1 times the height of the turbine whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

      2.   Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner’s property a distance of not less than two times the hub height as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

   B.   Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the height of the turbine which ever is greater. The setback distance shall be measured to the center of the wind turbine base.

   C.   Public Roads. All wind turbines shall be set back from the nearest public road a distance not less than 50 feet from the right-of way line of the nearest public road to the center of the wind turbine base.

   D.   Waiver of Setbacks.

      1.   Non-participating landowners may waive the setback requirements in division A.2. above and division B. above by signing a waiver that sets forth the applicable setback provisions(s) and the proposed changes.

      2.   The written waiver shall notify the property owner(s) of the setback requirement by this chapter, described how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this chapter.

      3.   Upon application, the City may waive the setback requirement for public road for good cause.

(Ord. 2011-32. Passed 3-7-11.)

   A wind energy facility may exceed the height limitation of the zoning district in which the wind energy facility is located. In the case of a wind turbine erected on the top of an existing building, the turbine shall only be allowed in the form of a height variance issued by the Planning Commission in conjunction with the conditional use permit required herein.

(Ord. 2011-32. Passed 3-7-11.)

   Audible sound from a wind energy facility shall not exceed limits set forth by Section 509.08 in the Elyria Codified Ordinances “Noise Disturbances”. City Council may address further restrictions in regard to shadow flickering upon neighboring properties.

(Ord. 2011-32. Passed 3-7-11.)

   A.   Non-participating landowners may waive the noise provisions of this chapter by signing a waiver of their rights.

   B.   The written waiver shall notify the property owner(s) of the sound limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound limit in this chapter.

(Ord. 2011-32. Passed 3-7-11.)

   There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) combined. Certificates shall be made available to the City upon request. The City Council may require additional policy limits depending upon the size of the proposed project.

(Ord. 2011-32. Passed 3-7-11.)

   A.   The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines.

   B.   The wind energy facility or individual wind turbines will be presumed to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.

   C.   Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. The owner or operator shall deposit in the Agency Fund approved by City Council a sum equal to the cost of said removal and restoration of the site.

   D.   Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

   E.   If the facility owner or operator fails to complete decommissioning within the period prescribed by division A. above, then the landowner shall have six months to complete decommissioning.

   G.   In cases involving a failure by the owner or operator to implement and complete a decommissioning plan, the City may proceed in the decommissioning of the facility using the funds in the Agency Fund approved by City Council.

(Ord. 2011-32. Passed 3-7-11.)

   The facility owner and operator shall maintain a telephone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

(Ord. 2011-32. Passed 3-7-11.)

   A.   It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this chapter, or any permit issued under this chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this chapter or any permit issued under this chapter.

   B.   If the City determines that a violation of this chapter or the permit has occurred, the City shall provide written notice to any person, firm, or corporation alleged to be in violation of this chapter or permit. If the alleged violation does not pose an immediate threat to public health or safety, the City and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.

   C.   If after 30 days from the date of the notice of violation the City determines, in its discretion, that the parties have not resolved the alleged violation, the City may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this chapter or permit.

(Ord. 2011-32. Passed 3-7-11.)