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 Village of Grafton subject to reasonable conditions that will protect the public health, safety and welfare.

(Ord. 11-014. Passed 6-7-11.)

   (a)   “Applicant” means the person or entity filing an application under this Chapter.

   (b)   “Facility owner” means the entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.

   (c)   “Hub height” means 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)   “Operator” means the entity responsible for the day-to-day operation and maintenance of the wind energy facility.

   (e)   “Occupied building” means a school, hospital, church, public library or other building used for public gathering.

   (f)   “Turbine height” means the distance measured from the surface of the lower foundation to the highest point of the turbine rotor plane.

   (g)   “Wind turbine” means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator.

   (h)   “Wind energy facility” means 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.

   (i)   “Wind energy conversion systems-(WECS)” includes any or all of the following components: a turbine with propeller-style blades, or a vertical rotor, or other means of capturing the energy in moving air; a tower or a mounting structure; an electrical power generator with associated electrical power transmission circuitry; a battery or other means of storing energy; other means of transmitting energy (hydraulic, mechanical, etc.); mechanical control mechanisms; electrical/electronic computer control circuitry; a foundation; enclosures.

      (1)   “Commercial WECS” means a WECS consisting of more than one wind turbine and tower, or a WECS that will be used primarily for off-site consumption of electric power.

      (2)   “Small WECS” means a WECS that will be used primarily to reduce on-site consumption of electrical power and has a turbine rated at 100 kW or less.

(Ord. 11-014. Passed 6-7-11.)

   (a)   No person shall construct, erect, maintain, extend or remove a wind energy facility in the Village of Grafton without compliance with the provisions of this Chapter.

   (b)   Wind energy facilities constructed prior to the effective date of this Code shall not be required to meet the requirements of this Code; 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 from the Planning Commission, with the consent of Council, or Council without the consent of Planning Commission.

(Ord. 11-014. Passed 6-7-11.)

   (b)   Nothing contained herein shall limit the authority of the Planning Commission with the consent of Village Council, or Village Council without the consent of Planning Commission to deny an application for a wind energy conditional use permit should either or both determine that the proposed project would be inconsistent with the objectives of the zoning district in which the wind turbine is located.

(Ord. 11-014. Passed 6-7-11.)

   (a)   No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the Village unless a conditional use permit has been issued by the Village, to the facility owner or operator approving construction of the facility for compliance with the applicable sections of this Chapter and the Ohio Building Code.

   (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 by the Planning Commission, with the consent of Village Council, or Village Council, without the consent of Planning Commission. Like-kind replacements as determined by the Building Official shall not require review by the Planning Commission.

      (1)   The name, address, and telephone number of the project applicant/owner.

      (2)   The address, legal description and zoning district of the subject property.

      (3)   A narrative description of the existing use.

      (4)   Structural drawings and engineering analysis, stamped by a certified engineer, or the WECS demonstrating adequate weight and lateral stress capacity, foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil standards at the site, manufacturer's decibel rating for the proposed unit, a list and or depiction of all safety measures that will be on the unit including anticlimb devices, data specifying the kilowatt size, rated power output and generating capacity of the proposed unit.

      (5)   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.

      (6)   An affidavit or similar evidence or 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.

      (7)   Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.

      (8)   A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, ponds, lakes, creeks, rivers and other water courses, existing wind turbines, towers and other similar structures, substation(s), electrical cabling from the wind energy facility to the substation(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 the Planning Commission or Council may require.

      (9)   Documents related to decommissioning.

      (10)   Other relevant studies, reports, certifications and approval as may be reasonably requested by the Village to ensure compliance with this Chapter and Code.

      (11)   Any documents reasonably deemed necessary by the Village Administrator.

      (12)   Emergency and normal shut down procedures.

      (13)   An electrical one line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.

      (14)   If a connection to the municipal electric system is proposed, Grafton's Electric Department must approve the connection in writing. A copy of the contract between the applicant and the utility verifying that the proposed connection is acceptable and/or other evidence demonstrating that the utility is aware of the proposed connection and does not object to said connection.

      (15)   The fee as established.

(Ord. 11-014. Passed 6-7-11.)

      (1)   Wind turbines shall be a non-obtrusive and a non-contrasting color such as white, off-white or gray unless otherwise required by the F.A.A. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the Village of Grafton.

      (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 authority that regulates air safety.

      (3)   Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

      (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.

      (1)   Wind turbines shall not be climbable up to fifteen 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.

      (1)   The owner of a wind turbine shall properly maintain the turbine in accordance with the adopted edition of the International Property Maintenance Code.

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

(Ord. 11-014. Passed 6-7-11.)

      (1)   Wind turbines shall be set back from the nearest occupied building, the greater of a distance equal to the collapse zone of the wind turbine plus ten feet or 1.1 times its total height. 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, the greater of a distance of not less than thirty feet as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

(Ord. 11-014. Passed 6-7-11.)

   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, with the consent of Village Council, or Village Council, without the consent of Planning Commission, in conjunction with the conditional use permit required herein. Roof mounted systems shall be located so not to be visible from the public right-of-way fronting the properly except as otherwise approved by the Planning Commission, with the consent of Village Council, or Village Council, without the consent of Planning Commission.

(Ord. 11-014. Passed 6-7-11.)

   Audible sound from a wind energy facility shall not exceed limits set forth by Section 1287.13 of the Grafton Village Codified Ordinances.

(Ord. 11-014. Passed 6-7-11.)

   There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least Three Hundred Thousand Dollars ($300,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) in the aggregate. Certificates shall be made available to the Village upon request. The Planning Commission and Council may require additional policy limits depending upon the size of the proposed project.

(Ord. 11-014. Passed 6-7-11.)

   All alternative energy systems shall be subject to the following abandonment requirements:

(Ord. 11-014. Passed 6-7-11.)

   (a)   The facility owner and operator shall, at its expense, complete decommissioning to the wind energy facility, or individual wind turbines, within twelve months after the end of the useful life of the facility or individual wind turbine.

   (b)   The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve months.

   (c)   Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of thirty-six inches, and any other associated facilities.

   (d)   Distributed 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 subsection (a) above, then the landowner shall have six months to complete decommissioning.

   (f)   If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (a) and (e) above, then the Village may take such measures as necessary to complete decommissioning. The landowner shall reimburse to the Village all costs associated with the Village's decommissioning of a wind energy facility. Said costs may be certified to the county auditor as a lien upon the property should the landowner fail to reimburse the Village.

(Ord. 11-014. Passed 6-7-11.)

   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. 11-014. Passed 6-7-11.)

   (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 Village determines that a violation of this Chapter or the permit has occurred, the Village 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 Village and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within thirty days of the notice of violation.

   (c)   If after thirty days from the date of the notice of violation the Village determines, in its discretion, that the parties have not resolved the alleged violation, the Village may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this Chapter or permit.

(Ord. 11-014. Passed 6-7-11.)