The purpose of this Section is to establish minimum requirements and regulations for the placement, construction and modification of Commercial Wind Energy Systems, as defined herein, while promoting the safe, effective and efficient use of such systems. (Ord. Ordinance 6/2008, Add, 06/18/2008)

1. Permitted Locations: A Commercial Wind Energy System shall be authorized by approval of a Conditional Use Permit issued by the Milford City Planning and Zoning Commission.
2. Minimum Parcel Size: No Commercial Wind Energy System shall be established on any parcel less than twenty (20) acres in size.
3. Total Height: The total height of a Commercial Wind Energy System shall not exceed one-hundred fifty (150) feet.
4. Setbacks: Property Lines: All Commercial Wind Energy Systems shall be set back from the nearest property line and public road right-of-way not less than five hundred (500) feet. Design Standards: A Commercial Wind Energy System shall demonstrate that structure, location and sitting will not result in undesirable shadow flicker on an adjacent property or structure, including a finding that the Commercial Wind Energy System can be authorized as a Conditional Use, complying with all requirements of Chapter 13.36 herein and this Section. In addition, the Land Use Authority shall consider the following when considering a Land Use Application for a Wind Energy System (Commercial);
   1. Avian Impacts.
   2. Visual Impacts, appearance and Scenic View Sheds.
   3. Wildlife Habitat Areas and Migration Patterns.
   4. Reclamation and Abandonment Plans.
   5. Lighting and Federal Aviation Administration (FAA) height restrictions, including Airport Proximity and Air Traffic Safety.
   6. Fencing and Security.
   7. Height Considerations.
   8. Noise Impacts.
   9. Shadow Flicker and Strobe Effects.
   10. Telecommunications Interference.
   11. Other Issues and Impacts, as applicable.

(Ord. Ordinance 6/2008, Add, 06/18/2008)

1. No tower shall have any climbing apparatus within fifteen (15) feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked at all times.
2. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances

(Ord. Ordinance 6/2008, Add, 06/18/2008)

No Commercial Wind Energy System shall exceed sixty decibels (60 dBA) as measured at the property line or fifty decibels (50 dBA) measured at the nearest neighboring inhabitable building. (Ord. Ordinance 6/2008, Add, 06/18/2008)

1. Commercial Wind Energy System shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective.
2. No Commercial Wind Energy System shall be lighted unless required by the Federal Aviation Administration (FAA).
3. No advertising signs of any kind shall be permitted on any Commercial Wind Energy System.
4. Appropriate landscaping shall be maintained in accordance with section 13.33.

(Ord. Ordinance 6/2008, Add, 06/18/2008)

All electrical connections and distribution lines shall comply with all applicable codes and public utility requirements (Ord. Ordinance 6/2008, Add, 06/18/2008)

All efforts shall be made to site Commercial Wind Energy System to reduce the potential for blocking or reflecting television and other communication signals. No Commercial Wind Energy System shall cause permanent and material interference with television or other communication signals. (Ord. Ordinance 6/2008, Add, 06/18/2008)

All Commercial Wind Energy System shall be equipped with both manual and automatic over-speed controls (Ord. Ordinance 6/2008, Add, 06/18/2008)

All Commercial Wind Energy System shall have a defensible space for fire protection in accordance with the Beaver County Wildland-Urban Interface Code. (Ord. Ordinance 6/2008, Add, 06/18/2008)

All Land Use Applications to establish a Commercial Wind Energy System shall, in addition to the Conditional Use Application materials required by Chapter 13.36, herein, provide the following information;

1. Elevations of the proposed site to scale showing the height, design and configuration of the Commercial Wind Energy System and distance to all existing structures, buildings, roads and streets, electrical lines, property and fence lines.
2. Engineering drawings of the proposed Commercial Wind Energy System;
   1. Tower design, including its weight capacity.
   2. Foundation and anchor design and soil conditions and specifications for the soil conditions at the site.
   3. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the proposed Commercial Wind Energy System including the name and address of the manufacturer and model.
   4. Emergency and normal shutdown procedures.

(Ord. Ordinance 6/2008, Add, 06/18/2008)