A Referendum petition circulated by Union Neighbors United was accepted by the Board of Elections in Champaign County. Voters will have an opportunity to vote down in November the extremely lenient and incomplete zoning amendment suggested by our zoning commissioners and voted on by Union Township Trustees.
Union Township Zoning Amendments Proposal
(Voted for by the Union Township Zoning Commissions)
Wind Turbine Farms
October 3, 2007
ARTICLE II DEFINITIONS
Financial Assurance Reasonable assurance from a credit worthy
party, examples of which include a surety bond, trust
instrument, cash escrow, or irrevocable letter of credit.
Primary Structure For Wind Turbines. For each property, the
structure that one or more persons occupy the majority of
time on that property for either business or personal
reasons. Primary structures include structures such as
residences, commercial buildings, hospitals, and day care
facilities. Primary structures exclude structures such as
hunting sheds, storage sheds, pool houses, unattached
garages, and barns.
Professional
Engineer A
qualified individual who is licensed as a Professional
Engineer in the State of Ohio.
Wind
Power Generating Facility (WPGF) All necessary devices that together
convert wind energy into electricity, including the rotor,
nacelle generator, Wind Power Generating Facility (WPGF)
tower, electrical components, WPGF foundation, transformer,
substation, and electrical cabling from the WPGF tower to
the substation.
Wind
Power Generating Facility (WPGF) Applicant
The entity or person who
submits to the Township Zoning Inspector an application for
the sitting of any Wind Power Generating Facility.
Wind
Power Generating Facility (WPGF) Contract
The agreement between the
WPGF Applicant and the landowner(s).
Wind Power Generating Facility (WPGF)
Operator The
entity responsible for the day-to-day operation and
maintenance of the Wind Power Generator Facility (WPGF),
including any third party subcontractors.
Wind
Power Generating Facility (WPGF) Owner
The entity or entities with
an equity interest in the Wind Power Generating Facility
(WPGF) including their respective successors and assigns.
Owner does not mean the property owner from whom land is
leased for locating the WPGF (unless the property owner has
an equity interest in the WPGF) or if any person holding a
security interest in the WPGF solely to secure an extension
of credit, or a person foreclosing on such security
interest provided that after foreclosure, such person seeks
to sell the WPGF at the earliest practicable date.
Wind Power Generating Facility’s (WPGF’s)
Project The
collection of Wind Power Generating Facilities (WPGF) and
substation(s) as specified in the site approval application
pursuant to Section 1037 of this Township Zoning
Resolution.
Wind
Power Generating Facility (WPGF) Substation
This apparatus connects the
electrical collection system of the Wind Power Generating
Facility (WPGF) and allows electricity to flow into the
grid along the transmission lines.
Wind Power Generating Facility (WPGF) Tower
The support structure to
which the nacelle and rotor are attached.
Wind
Power Generating Facility (WPGF) Tower Height
The distance from the rotor
blade at its highest point to the top surface of the Wind
Power Generating Facility (WPGF) foundation.
ARTICLE
X SUPPLEMENTARY DISTRICT REGULATIONS
Section
1037 Wind Power Generating Facilities
Pursuant to the Township
Zoning Inspector and Township Trustees being duly notified
of the person's intent to construct Wind Power Generating
Facility (WPGF) in any area zoned for low-density
residential use (U-1 Rural Undeveloped District and R-1 Low
Density Residential District), public utilities, or other
functionally equivalent providers may site a WPGF as a
permitted use provided the following conditions of Section
1037 are met:
1.
Applicability Section 1037 of this Township Zoning
Resolution governs the sitting of Wind Power Generating
Facilities (WPGF) and substations that generate electricity
for personal use or to be sold to the wholesale or retail
market.
2.
Prohibition No
Wind Power Generating Facilities (WPGF) or components
thereof governed by Section 1037 of this Township Zoning
Resolution shall be constructed, erected, installed, or
located within this Township until prior siting approval
has been obtained pursuant to this Township Zoning
Resolution.
3.
Sitting Approval Application To obtain siting approval, the applicant
must first submit a siting approval application to the
Township Zoning Inspector and must contain the following
information:
A.
A Wind Power Generating
Facility (WPGF) Project Summary including to the extent
available the following items:
i. a general
description of the project, including its approximate name
plate generating capacity; the potential equipment
manufacturer(s) type(s) of WPGF, number of WPGF, and name
plate generating capacity of each WPGF; the maximum height
of the general location of the project.
ii.
A description of the
applicant, owner and operator, including their respective
business structures.
B.
The name(s), address(es), and
phone number(s) of the applicant(s), owner and operator,
and all property owner(s), if known.
C.
A site plan for the
installation of WPGF showing the planned location of each
WPGF tower, guy lines and anchor bases (if any), primary
structure(s), property lines (including identification of
adjoining properties and owner contact information), set
back lines, public access roads and turnout locations,
substation(s), ancillary equipment, third party
transmission lines, and layout of all structures within the
geographical boundaries of any applicable setback.
D.
All required studies,
reports, certifications, and approvals demonstrating
compliance with the provisions of this Resolution.
E.
The applicant may make
adjustments to the sitting so long as such adjustments are
limited to land parcels identified in the original
application, and such adjustments comply with the
conditions of Section 1037 herein.
F.
Residential use only
i.
No higher than 50 feet
ii.
No wildlife survey needed
iii.
Set back from the road be 1.1
times the height plus 50 feet from the edge of the
right-of-way
G.
Any other information
normally required by the Township as part of its Zoning
Resolution.
4.
Design and Installation
A.
Design Safety Certification
i.
WPGF 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 Vertas (DNV), Germanischer
Lloyd Wind Energie (GL), or an equivalent third party.
ii.
Following the granting of
sitting approval under this Resolution, a Professional
Engineer shall certify, as part of the building permit
application, that the foundation and tower design of the
WPGF, including substation, transformer, underground
cabling or parts thereof and the access road, is within
accepted professional standards, given local soil and
climate conditions.
B.
Controls and Brakes All WPGF shall be equipped with a
redundant braking system. This includes both aerodynamic
over speed controls (including variable pitch, tip, and
other similar systems) and mechanical brakes. Mechanical
brakes shall be operated in a fail-safe mode. Stall
regulation shall not be considered a sufficient braking
system for over speed protection.
C.
Electrical Components All electrical components of the WPGF
shall conform to applicable local, state, and national
codes, and relevant national and international standards
(ie. ANSI and International Electrical Commission).
D.
Color Towers
and blades shall be painted white or gray or another
non-reflective, unobtrusive color.
E.
Compliance with the Federal Aviation
Administration The
applicant for the WPGF shall comply with all applicable
Federal Aviation Administration (FAA) and the Office of
Aviation of the Ohio Department of Transportation
requirements. And no closer than 1.5 miles to a public
access grass airport.
F.
Warnings
i.
A reasonably visible warning
sign concerning voltage must be placed at the base of all
pad-mounted transformers and substations.
ii.
A reasonably visible warning
sign stating contact phone number of operator in case of
emergency.
iii.
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 fifteen (15) feet from the ground.
G.
Climb Prevention All WPGF towers must be unclimable by
design or protected by anti-climbing devices.
H.
Setbacks
i.
All WPGF towers shall be set
back at least 1000 feet from any primary structure. The
distance for the above setback shall be measured from the
point of the primary structure foundation closest to the
WPGF tower to the center of the WPGF tower foundation. In
no case shall a WPGF tower be located closer to a primary
structure than 1000 feet.
ii. All WPGF towers
shall be set back a distance of at least 1.2 times the WPGF
tower height from public roads and public road
right-of-ways, third party transmission lines, and
communication towers.
iii.
The maximum of a WPGF shall
be no higher than 500 feet.
iv.
All WPGF towers shall be set
back a distance of at least 1.2 times the WPGF tower height
from adjacent property lines. The affected adjacent
property owners may waive this setback requirement by
signing a waiver for the setback and the distance from the
primary residence with the WPGF.
v.
The applicant does not need
to obtain a variance from the Township upon execution of a
contract with a WPGF by an adjacent property owner of the
above setback requirements of Section 1037. Any waiver of
any of the above setback requirements shall run with the
land and be recorded as part of the chain of title in the
deed of the subject property.
I.
Compliance with additional regulations
Nothing in this Resolution is
intended to preempt other applicable state and federal laws
and regulations.
J.
Use of Public Roads
i.
An applicant, owner, or
operator proposing to use any county, municipal, township,
or village road (s) for the purpose of transporting WPGF or
substation parts and/or equipment for construction,
operation, or maintenance of the WPGF or substations shall
identify all such public roads or bridges and obtain
applicable weight and size permits from relevant government
agencies prior to construction.
ii.
To the extent an applicant,
owner, or operator must obtain a weight or size permit from
the county, municipality, township, or village, the
applicant, owner, or operator shall conduct a
pre-construction baseline survey to determine existing road
conditions for assessing potential future damage; and
secure financial assurance, in a reasonable amount agreed
to by the relevant parties, for the purpose of repairing
any damage to public roads caused by constructing,
operating, or maintaining the WPGF.
5.
Operation
A.
Maintenance
i.
The owner or operator of the
WPGF shall furnish an operation and maintenance report to
the Township on an annual basis.
ii.
Any physical modification to
the WPGF that alters the mechanical load, mechanical load
path, or major electrical components shall require
re-certification under this Resolution. Like-kind
replacements shall not require re-certification. Prior to
making any physical modification (other than a like-kind
replacement), the owner or operator shall confer with a
relevant third party certifying entity identified in this
Resolution to determine whether the physical modification
requires re-certification.
B.
Interference
i.
The applicant shall provide
the applicable microwave transmission providers and local
emergency service providers/911 operators copies of the
project summary and site plan as set forth in this
Resolution. To the extent that the above providers
demonstrate a likelihood of interference with its
communications resulting from the WPGF, the applicant shall
take reasonable measures to mitigate such anticipated
interference. If, after construction of the WPGF, the owner
or operator receives a written complaint related to the
above-mentioned interference, the owner or operator shall
take reasonable steps to respond to the complaint.
ii. If, after
construction of the WPGF, the owner or operator receives a
written complaint related to interference with local
broadcast residential television, the owner or operator
shall take reasonable steps to respond to the complaint.
C.
Coordination with Local Fire Department
i.
The applicant, owner, or
operator shall submit to the local Fire Department a copy
of the site plan.
ii.
Upon request by the local
Fire Department, the owner or operator shall cooperate with
the local Fire Department to develop the Fire Department’s
emergency response plan.
iii.
Nothing in this Section of
this Resolution shall alleviate the need to comply with all
other applicable fire laws and regulations.
iv.
Upon request by the local
Fire Department, the owner or operator shall on a yearly
basis, participate in High Angle Rescue using the WPGF
tower.
D.
Materials Handling, Storage, and Disposal
i.
All solid wastes related to
the construction, operation, maintenance, and
decommissioning of the WPGF shall be removed from the site
promptly and disposed of in accordance with all applicable
local, state, and federal laws.
ii.
All hazardous materials
related to the construction, operation, and maintenance of
the WPGF shall be handled, stored, transported, and
disposed of in accordance with all applicable local, state,
and federal laws.
6.
Noise Levels Noise levels from each WPGF unit of WPGF
project shall be in compliance with applicable State of
Ohio regulations. The applicant, through the use of a
qualified professional, as part of the siting approval
application process, shall appropriately demonstrate
compliance with the above noise regulations.
7.
Birds
A.
A qualified professional,
such as an ornithologist or wildlife biologist, shall
conduct an avian habitat study, as part of the siting
approval application process, to determine if the
installation of the WPGF will have a substantial adverse
impact on birds.
B.
Applicant must contact the
Ohio Department of Natural Resources, the United States
Fish and Wildlife, and the United States Department of
Agriculture Wildlife Services.
8.
Public Participation Nothing in the Section 1037 of this
Resolution is meant to augment or diminish existing
opportunities for public participation.
9.
Liability Insurance The owner or operator of each WPGF tower
shall maintain a current general liability policy covering
bodily injury and property damage with limits of at least
$3 million per occurence.
10.
Decommissioning Plan Prior to receiving site approval under
Section 1037 of this Resolution, the applicant, owner,
and/or operator must formulate a Decommissioning Plan to
ensure that the WPGF project is properly decommissioned.
The Decommissioning Plan shall include:
A.
Provision describing the
triggering events for decommissioning the WPGF project.
B.
Removal of structures,
debris, access roads, and electrical cabling, including
transmission lines below the soil surface, as specified in
each individual WPGF contract with the landowner(s).
C.
Provisions for the
restoration of the soil and vegetations.
D.
An estimate of the
decommissioning costs certified by a Professional Engineer
approved by the Union Township Trustees.
E.
Financial Assurance, secured
by the owner/operator, for the purpose of adequately
performing the decommissioning, in an amount equal to the
Professional Engineer’s certified estimate of the
decommissioning costs plus anticipated inflation.
F.
Identification of and
procedures for Township access to financial assurances.
G.
A provision that the terms of
the Decommissioning Plan shall be binding upon the owner or
operator and any of their successors, assigns, or heirs.
11.
Remedies
A.
The applicant’s, owner’s, or
operator’s failure to materially comply with any of the
above provisions shall constitute a default under this
Resolution.
B.
Prior to implementation of
the existing Township procedures for the adjudication of
such default(s), the appropriate Township body shall first
provide written notice to the owner and operator, setting
forth the alleged default(s). Such written notice shall
provide the owner and operator a reasonable time period,
not to exceed sixty (60) days, for good faith negotiation
period, the existing Township Resolution provisions
addressing the adjudication of such default(s) shall
govern.
C.
If the Township determines in
its discretion, that the parties cannot resolve the alleged
default(s) within the good faith negotiation period, the
existing Township Resolution provisions addressing the
resolution of such default(s) shall govern.
12.
Expenses All
reasonable expenses incurred by the Union Township Trustees
to review and certify the WPGF plan shall be paid by the
applicant.
13.
Schedule of Fees, Charges, and Expenses
As stated in the Zoning
Resolution of Union Township, Champaign County, Ohio
Section 360, any WPGF company will abide by the schedule of
applicable fees, charges, and expenses set by the Township
Trustees at the time of application, prior to any action
taken.