The effective date of this chapter shall be May 19, 2010.

(Ord. 1636. Passed 4-19-10.)

   This chapter is intended to regulate Wind Energy Conversion Systems to promote the health, safety and general welfare of the residents of the Village. It is also intended to minimize any adverse visual, audio or acoustical safety issues of a Wind Energy Conversion System. It is designed to establish the public processes needed to identify preferred locations for wind turbines, and create a clear permit process.

(Ord. 1636. Passed 4-19-10.)

   (a)   Wind energy is a potential renewable and non-polluting energy resource of the Village, and its conversion to electricity may reduce dependence on nonrenewable, conventional energy sources and decrease the pollution that results therefrom. However, wind energy facilities should be sited in a way that protect the health and safety needs of the residents living near a large wind turbine.

   (b)   The regulation of the siting and installation of a large wind energy turbine system is necessary to protect the health, safety and welfare of the residents of the village and the general public. Adverse health and safety issues are likely to arise if appropriate standards and setbacks are not followed in the siting and installation of large wind turbines.

   (c)   Over 500 wind turbine accidents have occurred involving ice throws, blade disintegration, fire and tower failure in the world since 1999.

   (d)   Heavy equipment used for the construction of large wind turbines can damage local roads.

   (e)   (1)   Large wind turbines are significant sources of noise, which if improperly sited, can negatively impact the health of residents, particularly in areas of low ambient noise levels. Large wind turbines emit two types of noise: a) Aerodynamic noise from the blades passing through the air; and b) mechanical noise from the interaction of the turbine components. Noise is an annoyance that can negatively impact health, producing negative effects such as sleep disturbance and deprivation, stress, anxiety, headaches, depression, pain and stiffness, decreased cognitive ability, tinnitus, hypertension and fatigue. While some people are unaffected by wind turbine noise, others may develop adverse health effects from the same noise. At low frequencies wind turbine noise may not be heard, but rather felt as a vibration.

      (2)   Few people are disturbed in their sleep with noise that is measured at less than 35 dB(A), however some are disturbed by a change in as little as 5 dB over the original noise level. Studies show that prolonged exposure to wind turbine noise results in adverse health effects at noise levels lower than ordinary noise created by traffic, urban, industrial or commercial noise. Living in a rural environment, in comparison with a suburban area, increases the risk of residents being impacted by noise from nearby large wind turbines because of the low ambient noise in the rural area. The international Standards Organization recommended community noise limits for rural area be set at a SPL of 35 dB(A) during the day, 30 dB(A) during the evening hours and 25 dB(A) at night. Audible sound limits should be limited to 20 dB(A) above the ambient level, with an absolute maximum level of 35-40 dB(A).

      (3)   Because Ohio R.C. 4906.20 contains no maximum noise level set as a standard for a wind turbine system, the Village will set its own maximum noise level at 35 dB(A).

   (f)   Adverse health effects from wind turbine noise can be exacerbated by the rotating blades and shadows from the wind turbines. As the wind turbine blades rotate in sunny condition, they cast strobe- like shadows on the windows of nearby homes and buildings and nearby streets and roads causing shadow flicker that can not be avoided. Shadow flicker can cause some people to become dizzy, nauseated or lose their balance. The shadow flicker can produce headaches or even seizures in photosensitive individuals.

   (g)   Wind turbines have been known to throw ice and debris from the turbine blades. Ice throws from large wind turbines can reach distances up to 1,750 feet and blade throws can reach 2,500 feet.

(Ord. 1636. Passed 4-19-10.)

   The definitions contained herein shall apply only to this chapter.

   (a)   “Aerodynamic sound.” A noise that is caused by the flow of air over and past the blades of a Wind Energy Conversion system.

   (b)   “Ambient sound.” This encompasses all sounds present in a given environment such as farm or construction noise, a car traveling on a nearby roadway, insects and birds, and people having conversation.

   (c)   “Anemometer.” A device for measuring the speed and direction of the wind.

   (d)   “Applicant.” The individual or business entity that seeks to secure a license under this chapter.

   (e)   “Background sound.” This refers to the sounds that would normally be present at least 90% of the time. “Background sounds” are those heard during lulls in the ambient sound environment. The background sound levels vary during different times of the day and night. Because a Wind Energy Conversion System operates 24 hours a day, seven days a week, the background sound levels of interest are those during the quieter periods which are often the evening and night. Sounds from birds, insects and people must be eliminated from background sound tests.

   (f)   “Clear area.” The area surrounding a wind turbine that is free of any residential or commercial structures.

   (g)   “dB(A).” The sound pressure level in decibels refers to the “a” weighted scale as defined by ANSI (American National Standards Institute).

   (h)   “Flicker.” The effect of moving, periodic shadows cast on a residence or place of business by the rotating blades of a wind turbine at those times when the sun is shining and is aligned with the turbine and a residence or place of business.

   (i)   “Health.” A state of complete physical and mental well being, not merely the absence of disease or infirmity.

   (j)   “Height.” The total distance measured from the grade of the property as existed prior to the construction of a Wind Energy Conversion System, facility, tower, turbine or related facility at the base to its highest point.

   (k)   “Hub height.” The height of a horizontal wind axis from the natural grade at the base of the tower to the centerline of the rotor.

   (l)   “Nacelle.” The frame and housing at the top of a wind turbine tower that encloses the gearbox, generator, and other accessories, and protects them from the weather.

   (m)   “Noise.” Any unwanted sound. Not all noise needs to be excessively loud to represent an annoyance or interference.

   (n)   “Occupied structure.” A building in which people live, work or frequent.

   (o)   “Property line.” The recognized and mapped property parcel boundary line.

   (p)   “Rotor.” The blades and hub of the wind turbine that rotate during the turbine operation.

   (q)   “Sound.” A fluctuation of air pressure which is propagated as a wave through air.

   (r)   “Total height.” The height of a horizontal axis wind turbine measured from the natural grade at the base of the tower to the tip of the blade at its highest point, or the maximum height of a vertical axis wind turbine.

   (s)   “Tower.” The structure that supports the turbine, rotor, generator and accessory equipment. The tower may be a monopole or lattice design, with or without guy wires, depending on the height and other factors.

   (t)   “WECS.” Wind Energy Conversion System. All equipment, machinery and structures used in connection with the conversion of wind energy to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, network of cabling, transformers, site-access and service roads, and machinery associated with its use. A wind energy conversion facility may consist of one or more wind turbines.

   (u)   “WECS license.” A license to construct and operate a Wind Energy Conversion System issued by the Village in accordance with this chapter.

   (v)   “WECS setback.” The distance measured at grade from the center of the base of the tower to the nearest property line.

   (w)   “Wind turbine.” Any electromechanical device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. Wind turbine facilities usually consist of a horizontal axis rotor, nacelle and supporting tower. Both horizontal and vertical wind turbines are covered by this chapter.

(Ord. 1636. Passed 4-19-10.)

   (a)   Minimum individual lot size is one acre.

   (b)   The WECS must generate less than 50 Kilowatts.

   (c)   The tower with rotor blade extended vertically must be less than 100 feet tall.

   (d)   The sound level generated must be less than 30 dB(A), measured at the property line.

   (e)   The WECS must be constructed of non-reflective materials.

   (f)   Retractable or removable steps or ladder must be used from the ground level up to eight feet. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

   (g)   All electrical conduits shall be placed underground.

   (h)   Any turbine shall be located not less than the 1.1 times the total height from road right-of- way or on adjoining property lines.

   (i)   A siting approval application must be completed to determine if the WECS falls under the requirements for the residential category.

   (j)   A check in the amount of fifty dollars ($50.00) shall be submitted with the application.

(Ord. 1636. Passed 4-19-10.)

(Ord. 1636. Passed 4-19-10.)

   (a)   The applicant must first submit a conditional use siting approval application to the Village.

   (b)   The siting approval application shall contain or be accompanied by the following information:

      (1)   A WECS project summary, including, to the extent available:

         A.   A general description of the project, including its approximate name plate generating capacity; the potential equipment manufacturer(s), type(s) of WECS(s), number of WECS(s) and name plate generating capacity of each WECS; the maximum height of the WECS tower(s) and maximum diameter of the WECS(s) rotor(s); the location of the project; and

         B.   A description of the applicant, owner and operator, including their respective business entities. It is being expressly allowed under any application by the applicant to submit multiple WECS project summaries which may vary in nameplate generation capacity and/or type of wind turbine generator used provided that each and every project summary so submitted must still comply with this text and provide further that the Village in its sole discretion may approve any one or more of such summaries and that the applicant may at his or her discretion move forward on any Village-approved project summaries once the applicant has finalized his or her supply agreements for wind turbine generators, substation transformers, and the like.

      (2)   The name(s), address(es), and phone number(s) of the applicant(s), owner and operator, and all property owner(s). In addition, a copy of all leases shall be shall be filed with the Village Administrator, who acts as the Zoning Inspector.

      (3)   A site place for the installation of WECS(s) showing the planned location of each WECS tower, guy lines and anchor bases (if any), primary structure(s), property lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substation(s), electrical cabling from the WECS tower to the substation(s) ancillary equipment, third party transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

      (4)   A photograph of the existing condition of the property prior to installation of the WECS shall be provided. Also required will be a photograph with the WECS superimposed on it, to scale, to accurately simulate the proposed system when built and illustrate its total height, width and breadth.

      (5)   All required studies, reports, certifications and approvals demonstrating compliance with the provisions of this text.

      (6)   Any other information normally required by the Village as part of its Zoning Ordinance.

   (c)   A bank cashier's check in the amount of ten thousand dollars ($10,000) shall be made payable to the Village of Mount Gilead, and included with the application and supporting documentation for a commercial WECS.

   (d)   If it is necessary for the Village to retain a technical expert or consultant to verify information submitted in the application process, the cost for such expert will be at the expense of the applicant.

(Ord. 1636. Passed 4-19-10.)

      (1)   WECS(s) shall conform to applicable industry standards, including those of the American National Standards Institute (“ANSI”). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (“UL”), Det Norske Veritas (“DNV”), Germanischer Lloyd Wind Energie (“GL”), or an equivalent third party. The provision of a design compliance certificate from any one of ANSI, UL, DNV or GL will satisfy this requirement.

      (2)   Following the granting of siting approval(s) under this text, a licensed Ohio professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions; it being understood that an applicant may submit different building permit applications hereunder in keeping with the project flexibility based on equipment type to be used , it being further understood that any and all such permit applications shall still be certified by a licensed Ohio professional engineer as contemplated hereunder.

      (1)   A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted 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 total of 15 feet from the ground;

      (3)   A sign or posting no more than four square feet in area displaying a toll-free telephone number, answered by a person 24 hours per day, seven days a week, for emergency calls and informational inquiries shall be posted at the entrance to the project and at the erected wind turbine generators. No turbine generator tower or anemometer tower or site shall include any advertising signage, but logos of the owner or operator or of the wind turbine generator manufacturer shall not be considered “advertising” for the purpose of the text. A copy of the position and size of the logo shall be included with the conditional use application.

      (1)   The distance for the above setback shall be measured from the point of the primary structure foundation closest to the WECS tower to the center of the WECS tower foundation. In no case shall a WECS tower be located closer to a primary structure than 1.1 times the WECS tower height;

      (2)   All WECS towers shall be set back a distance of at least 1.1 times the WECS tower height from any public roads, third party transmission lines, and communication towers;

      (3)   A waiver may be granted by the Board of Zoning Appeals if the primary land owners and all affected adjacent property owners are in mutual agreement. Any waiver of a setback requirement shall run with the land and be recorded as part of the chain of title in the deed of the subject property. All costs involved in creating the aforementioned waiver are to be incurred by all affected property owners. This mutual agreement shall be filed with the Zoning Officer/Village Administrator.

   (m)   The Village will set a maximum noise level at 35 dB(A) measured at the property line of adjoining parcels.

(Ord. 1636. Passed 4-19-10.)

   The Planning Commission will hear all information gathered in the application process. If the application is denied, or if the WECS does not comply with any portion of the Zoning Ordinances of the Village, the applicant may appeal the decision, which will be heard by the Board of Zoning Appeals. A variance to the zoning regulations of the Mt. Gilead Codified Ordinances, Chapters 1133 to 1163, may be provided by the Board of Zoning Appeals.

(Ord. 1636. Passed 4-19-10.)

   Prior to receiving siting approval under this text, the Village and the applicant, owner and/or operator must formulate a written decommissioning plan to ensure that the WECS project is properly decommissioned. This plan shall include:

   (a)   Provisions describing the triggering events for decommissioning the WECS project which shall include the following language: Any wind turbine generator or anemometer tower that is not operated a continuous period of 12 months shall be considered abandoned, unless due to documented maintenance or electrical grid issues and written notice provided to the Village Solicitor, and the owner or operator of such wind turbine generator or anemometer tower shall remove the same within 180 days of receipt of notice from the Village, in addition to removing the wind turbine generator, or anemometer tower to its original condition prior to the location of the wind turbine generator or anemometer tower. Any foundation associated with a wind generator or anemometer tower shall be removed from the site to a depth which is at least 48 inches below restored ground level and the site restored to its original state, including the planting of any grasses or cover crops, which may have been present prior to construction. All transmission equipment, buildings and fences shall also be removed. Failure to remove an abandoned wind turbine generator or anemometer tower within the 180-day period provided in this division, or in the event that the owner or operator of the wind turbine generator or anemometer tower is no longer financially capable, or fails to respond to mail sent to its last address on file with the Village, shall be grounds for the Village to remove the wind turbine generator or anemometer tower structure and all associated equipment or appurtenances at the owner or operator's expense. The Village may sell any salvageable material; deduct the balance due from the surety bond, which the Village shall require;

   (b)   Provisions for the removal of structures, debris and cabling, including those below the soil surface;

   (c)   Provisions for the restoration of the soil and vegetation;

   (d)   An estimate of the decommissioning costs certified by a licensed Ohio professional engineer;

   (e)   Financial assurance in the form of a surety bond of at least twenty thousand dollars ($20,000) for each tower, secured by the owner or operator, for the purpose of adequately performing decommissioning or in an amount equal to the Zoning Enforcement Officer/Village Administrator's certified estimate of the decommissioning cost, whichever is greater.

   (f)   The Zoning Enforcement Officer/Village Administrator shall be notified by the owner or operator as to the renewal of the surety bonds on an annual basis.

   (g)   A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assignees or heirs.

   (h)   A provision that the Village shall have access to the site, pursuant to reasonable notice, to effect or complete decommissioning.

(Ord. 1636. Passed 4-19-10.)

   (a)   It shall be unlawful to construct or operate any WECS or part thereof in violation of any provision of this Chapter 1165, a WECS license, or a WECS license agreement. Any person or business entity who violates or fails to comply with any provision of this chapter, WECS license or WECS license agreement shall, upon conviction thereof, be subject to forfeitures of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000), and shall pay all costs and expenses of enforcement, including attorney and other fees incurred by the Village. Each day a violation exists or continues shall constitute a separate offense.

   (b)   The owner, officer or employee having control or supervision of the Wind Energy Conversion System shall be charged with the responsibility of complying with all aspects of this Chapter 1165. If any of the conditions of this chapter are violated, the owner, officer or employee shall be held personally responsible. The dissolution, termination or bankruptcy of the business entity does not discharge the responsibility of the owner, officer or employee.

   (c)   The Village Council shall retain continuing jurisdiction to modify, suspend or revoke all Wind Energy Conversion System licenses. Such authority shall be in addition to the Village's authority to prosecute violations and take other enforcement action.

   (d)   Any resident of the Village or Village Official may file a written complaint alleging that a WECS licensee has committed or is committing a violation. The complaint will be heard by the Board of Zoning Appeals, who shall preliminarily review the complaint. The Board of Zoning Appeals may request information from the holder of a WECS license, the complainant, and any other person or entity to assist with its preliminary review. Following the preliminary review the Board of Zoning Appeals may: a) dismiss the complaint; b) refer the complaint to the Village Solicitor for prosecution; or c) Conduct a hearing to determine whether the alleged violation(s) have occurred and what remedial action shall be taken. Prior to such hearing, notice of the hearing shall be given to the holder of the WECS license and the complainant, and in accordance with the Sunshine Laws. The holder of the WECS license and the complainant, and any other person, may appear at the hearing and may offer testimony and other relevant evidence and may be represented by an attorney. If the Board of Zoning Appeals determines that a violation(s) has occurred, the Board of Zoning Appeals may: a) impose conditions on the WECS licensee to the extent reasonably necessary to discontinue the violations or avoid recurrence; b) suspend the license until corrective actions have been taken; c) revoke the license and direct decommissioning of the WECS if there is no reasonable modification that can be made to the WECS to prevent further violations; d) refer the matter to the Village Solicitor for prosecution; or e) take no action. The written decision of the Board of Zoning Appeals shall be furnished to the WECS licensee and to the complainant.

(Ord. 1636. Passed 4-19-10.)

   If any article, section, subsection, sentence, clause, provision or portion of this chapter is for any reason held to be invalid or unconstitutional by any decision of any court of competent jurisdiction, such holding shall not affect the validity of any other section, subsection, clause, provision or portion of this chapter which is not in itself invalid or unconstitutional.

(Ord. 1636. Passed 4-19-10.)

   Unless the Village Council approves a different term based on an analysis of the anticipated useful life of the WECS, a license issued under this chapter shall expire 30 years after the date it is issued.

(Ord. 1636. Passed 4-19-10.)