Union Neighbors United
Amendment Proposal
(Voted down by the Union Township Zoning Commissions)
August 29, 2007
Amendment to Union Township, Champaign County,
Ohio Zoning Resolution
The Union Township, Champaign County, Ohio Zoning Resolution
is hereby amended to add a new Article XV, which shall read in its entirety as follows:
ARTICLE XV, WIND TURBINE GENERATORS
Section 1500 Purpose and Findings
The purpose of this Article
is to establish general guidelines for the location of wind
turbine generators (sometimes referred to herein as "WTG")
and anemometer towers in Union Township, Champaign County,
Ohio (the "Township"). this Amendment is consistent with
the stated primary purpose of the Union Township Zoning
Resolution: "Protecting the public health, safety, comfort
and general welfare" of the Union Township residents. The
Township recognizes in some specific instances, under
carefully controlled circumstances, it may be in the public
interest to permit the placement of wind turbine generators
in certain areas of the Township. The Township from
unreasonable noise, shadow flicker, strobe effect, and
visual, electromagnetic, audio, electrical, and radio
interference, and that wind turbine generators may have
negative health, safety, welfare and aesthetic impacts upon
adjoining and neighboring uses. As such, this Article seeks
to:
1.
Protect residential and
agricultural areas from potential adverse
impact of wind turbine generators;
2.
Permit wind turbine
generators in selected areas, subject to the terms,
conditions and provision hereof;
3.
Protect the public health,
welfare and safety of the Township's
residents in connection with wind turbine generators; and
4.
Avoid potential damage to
real and personal property from the
wind turbine generators or anemometer towers or the failure
of such structures and related operations.
Section
1510 Procedure Any
proposed construction, erection, siting, or operation of a
wind turbine generator or anemometer tower in other than an
M-2 District shall be permitted only by issuance of a
Conditional Use Permit in accordance with Section 560, et
seq. of the Resolution and this Article XV.
Section
1515 Application In addition to the requirements set forth
in Section 562 of the Zoning Resolution, every application
for conditional use for a commercial wind turbine generator
or anemometer tower permit shall be made in writing to the
Chairperson of the Board of Zoning Appeals on the forms
provided by the Board of Zoning Appeals and shall be
accompanied by any and all filing fees prescribed by the
Township Zoning Resolution and this Amendment. The permit
application shall include but is not limited to the
requirements set forth in Section 562 and the following
information:
1.
Name and address of the
applicant.
2.
Evidence that the applicant
is the owner of the property involved
or has written permission of the owner to make such
application.
3.
A plot and development plan
drawn in sufficient detail to clearly
describe the following proposed details:
a. Physical dimensions
of the property, existing structures,
and proposed structures.
b. Location of
existing and proposed structures.
c. Location of
existing and proposed electrical lines and facilities.
d. Existing
topography.
e. Proposed grading
and removal of natural vegetation.
f. Wind resource study
as described in Section 1520(1).
g. Setbacks as
described in Section 1520(3).
h. Ingress and egress
identifying location and distance to
the nearest County and Township maintained road.
4.
A description of the access
route from the nearest County and
Township maintained road to include:
a. Road surface
material stating the type and amount of surface cover;
b. Width and length of
access route;
c. Dust control
procedures;
d. A road maintenance
schedule or program.
5.
Utilization of the property
under the requested permit.
6.
Utility interconnection data
and a copy of written notification to any utility
of the proposed interconnection.
7.
Specific information of the
type, size, height, rotor material, rated power
output, performance, safety, and noise characteristics of
each WTG model,
tower and electrical transmission equipment.
8.
A soil boring report as
described in Section 1520(15).
9.
A location map to scale of
all dwellings within 2 miles of the boundary of
the property upon which the WTG or anemometer tower is to
be located.
10.
An analysis and written
proposal to reduce air navigation clutter on airport
radar facilities.
11.
Written documentation
projecting the shadow flicker and/or strobe effect
on any existing structures, and the extent and duration of
the shadow flicker
and/or strobe effect on those structures, provided,
however, that this
requirement shall not apply to an anemometer tower.
12.
Elevation drawings, computer
generated photographic simulations, and
other images or visual aids depicting how the WTG or
anemometer tower will
appear as constructed on the proposed site from vantage
points north, south,
east, and west of the WTG or anemometer tower.
13.
A copy of written
notification to the Federal Aviation Administration.
14.
Any proposed WTG's which are
located within two miles of any microwave
communications link shall be accompanied by a copy of
written notification
to the operator of the link.
15.
Any proposed WTG's which are
located within a 100-year flood plain area
shall be accompanied by a detailed report which shall
address the potential for
wind erosion, water erosion, sedimentation and flooding,
and which shall
propose mitigation measures for such impacts.
16.
A separate application for
conditional use permit shall be submitted
for each proposed WTG or anemometer tower.
17.
A cost budget for the
proposed project, together with estimates/proposals
from third parties for the services or materials to
substantiate the budget,
including without limitation the following:
a. The costs of site
preparation, excavation, access roads or drives,
and clearing of vegetation;
b. The cost of the
sub-grade materials, equipment and material costs for
the foundation of the proposed structure;
c. The costs of the
structure, including labor, equipment and materials; and
d. The costs of all
ancillary equipment, connection devices, lines and
related matters for the project.
Section
1520 Wind Turbine Generator and Anemometer
Tower Standard Wind turbine generators and anemometer
towers shall comply with all of the following standards as
a condition precedent for a conditional use permit to be
issued:
1.
Sufficient Wind Resources The applicant shall demonstrate, through
a
wind resource study documenting wind resources on the
proposed site,
that the proposed site has wind resources sufficient for
the long-term economic
viability of any proposed wind turbine generator. The
foregoing demonstration
shall not apply to an anemometer tower. Anemometers to be
placed shall be
calibrated regularly to ensure a measurement of error of 1%
or less.
2.
Setbacks Each
proposed wind turbine generator or anemometer tower shall
meet the following applicable setback requirements:
a.
Adjoining Lot Line Each proposed wind turbine generator or
anemometer tower shall be set back from any and all
adjoining lot lines a
minimum distance of 2600 feet. The Board of Zoning Appeals
may reduce
this setback to no less than 2100 feet from any and all
adjoining lot lines;
provided, however, the amount of setback relief approved by
the Board of
Zoning Appeals will be based on data provided by the
application establishing
that the lesser setback from an adjoining lot line shall
not adversely affect the
health, safety or welfare of any person or animal. An
adjoining landowner
may waive the setback requirements of this paragraph by
submitting a
signed waiver document to the Board of Zoning Appeals.
b.
Building or Structures Each proposed wind turbine generator or
anemometer tower shall be set back from any Building or
Structure,
as those terms are defined under the Township Resolution at
Article II,
a minimum distance of 2600 feet. The owner of any affected
Building or
Structure may waive this setback requirement by submitting
a signed
waiver document to the Board of Zoning Appeals.
c.
Road Right-of-Ways In addition to the above, a wind turbine
generator
or anemometer tower shall, in all cases, be setback from a
public or
private road right-of-way or easement a minimum distance
equal to four
4 times the height of the proposed wind turbine generator
or anemometer
tower as defined in this Amendment. This requirement is to
further promote
health, safety and welfare as blade strobe effect could
affect driver visibility
on roads in the Township.
d.
Wind Access Buffer For any newly proposed wind turbine
generator or
anemometer tower, a Wind Access Buffer equal to a minimum
of five (5)
rotor diameters shall be observed from any other wind
turbine generator tower.
e.
Sensitive Environment Areas Each proposed wind turbine generator
or anemometer tower shall be set back two (2) miles from
any
Sensitive Environment Area.
f.
Scenic Areas Each proposed wind turbine generator or
anemometer
tower shall be set back one (1) mile from any Scenic Area
or Public or
Private Outdoor Recreation Facility.
4.
Maximum Height The maximum wind turbine generator or
anemometer
tower height from the base to the tip of the blade at its
highest point shall not exceed
300 feet. The Board of Zoning Appeals may approve an
increased height for a
wind turbine generator tower, not to exceed 360 feet from
the base to the tip of
the blade, if all of the following conditions are met:
a. The increased
height will result in the preservation of a substantial
stand of trees, existing land forms or structures that
would otherwise
be removed to increase wind velocity.
b. The increased
height will not result in increased intensity on lighting
of the tower to FAA requirements.
5.
Minimum Rotor Wind Vane or Blade Clearance
The lowest point of the arc
created by rotating wind vanes or blades on a wind turbine
generator shall be no
less than 80 feet measured from the highest point of the
terrain within one blade
radius from the base of the tower.
6.
Maximum Noise Levels The audible noise radiation due to wind
turbine
operations shall not be created which causes the noise
level at the boundary of
the proposed project site to exceed 30 dB(A) for more than
five (5) minutes out
of any one (1) hour time period or to exceed 35 dB(A) for
any time period; provided,
however, if the Natural Ambient Noise Level without the
commercial wind turbine
generators is greater than 30 dB(A), the audible noise
radiation shall not exceed
five (5) dB(A) above the Natural Ambient Noise Level. A
commercial wind energy
facility shall not be operated so that impulsive sound
below 20 Hz adversely affects
the habitability or use of any dwelling unit, hospital,
school, nursing home,
or other sensitive noise receptor.
7.
Maximum Vibrations Any proposed wind turbine generator shall
not produce
vibrations humanly perceptible beyond the boundaries of the
property on
which it is located.
8.
Shadow Flicker and Strobe Effect Each WTG shall be designed, sited, and
operated in a manner that minimizes shadow flicker and/or
strobe effect on any
roadway. In addition, the WTG shall be designed, sited and
operated in a manner
that prevents shadow flicker on any building.
9.
Endangered or Threatened Species Development and operation of a commercial
wind energy facility shall not have a significant adverse
impact on the endangered or
threatened fish, wildlife, or plant species or their
critical habitats, or other significant
adverse impact on the endangered or threatened fish,
wildlife, or plant species
or their critical habitats, or other significant habitats
identified by the Department
of Natural Resources and/or the studies of the U.S. Fish
and Wildlife Service.
Commercial wind energy facilities must adhere to the
guidelines set forth by the
U.S. Fish and Wildlife Service, "Guidelines to Avoid and
Minimize Wildlife Impacts
from Wind Turbines", Federal Register: July 10, 2003 Volume
68, Number 132.
10.
Migratory Birds Development and operation of a commercial
wind
energy facility shall not have an adverse impact on
migratory bird species.
11.
Transmission Lines All electrical transmission lines
connecting any wind
turbine generator to the public utility electricity
distribution system shall
be located underground.
12.
Electromagnetic Interference Any wind turbine generators shall be
constructed and operated so that they do not interfere with
television, telephone
including cellular and land line, microwave, navigational,
or radio reception to
neighboring areas. The applicant and/or operator of the
facility shall be responsible
for the full cost of any remediation necessary to correct
any problems, including
relocation or removal of the facility, caused or
exacerbated by the operation
of such equipment and any and all related transmission
lines, transformers,
and other components related thereto. The applicant for
commercial wind turbine
generators shall pay for testing of the above reception for
all properties within
two 2 miles prior to construction and will pay to correct
reception for landowners
with degradation of these signals.
13.
Landscaping Each proposed wind turbine generator or
anemometer tower
erected prior to a wind turbine generator shall meet the
following landscaping
requirements:
a. The base of the
wind turbine generator or anemometer tower erected
prior to a wind turbine generator shall be landscaped with
a buffer of plant
materials that effectively screens the view of the bases of
these facilities
from adjacent property used for residential purposes. The
standard buffer
shall consist of a landscaped strip at least four feet (4')
wide outside
the perimeter of the facilities.
b. Existing natural
land forms on the site which effectively screen the base
of the wind turbine generator or anemometer tower erected
prior to a
wind turbine generator from adjacent property used for
residential purposes
shall be preserved to the maximum extent possible.
c. Landscaping shall
be designed to counter the effects of "shadow flicker"
or strobe effect on any neighboring residences or roadways
caused by
the rotor rotation in the sunlight.
14.
State or Federal Requirements Any proposed wind turbine generator
anemometer tower shall meet or exceed any standards and
regulations of the
FAA, the Public Utilities Commission of Ohio, National
Electric Safety Code,
U.S. Fish and Wildlife Service and any other agency of the
state or federal
government with the authority to regulate wind turbine
generators or other
tall structures in effect at the time the conditional use
permit is applied for.
15.
Soil Conditions A proposal for any wind turbine generator
or anemometer
tower shall be accompanied by a report of the soils present
on the site based
on soil borings, prepared by a firm which specializes in
soil borings and is
approved to perform such work in the State of Ohio. The
report shall include
soil and geologic characteristics of the site based upon
onsite sampling and
testing. The soil boring reports and the proposed plans for
the foundation
shall be certified by a registered Professional Engineer
licensed in the
State of Ohio, who is practicing in his or her area of
competency.
16.
Lighting and Construction Any proposed wind turbine generator
or anemometer tower shall meet the following requirements:
a. Each wind turbine
generator or anemometer tower shall either
maintain a galvanized steel finish or, subject to any
applicable standards
of the FAA, be painted a neutral color so as to reduce
visual obtrusiveness
and shall be so maintained as to be in continuous
compliance with this
paragraph and to prevent any visible oxidation or
corrosion.
b. Each wind turbine
generator, including all accessory structures,
or anemometer tower shall, to the extent possible, use
materials,
and colors that will blend them into the natural setting
and surrounding buildings.
c. Each wind turbine
generator or anemometer tower shall not be
artificially lighted, unless required by the FAA or other
applicable governmental
authority. If lighting is required, the lighting
alternatives and design chosen:
i. Shall be the lowest
intensity allowable under FAA regulations.
ii. Shall not be
strobe lighting or any other intermittent white lighting
fixtures, unless expressly required by the FAA. Such
intermittent lighting
shall be alternated with steady red lights at night if
acceptable
to the FAA and the Township.
iii. Shall be a white
top light that does not pulsate or blink.
iv. All tower lighting
required by the FAA shall be shielded to the extent
possible and acceptable to the FAA to reduce glare and
visibility
from the ground.
d. Each wind turbine
generator or anemometer tower shall be a monopole
or monotube style construction as distinguished from a
lattice-style tower
and shall not utilize guy wires.
17.
Sign A sign no
more than four 4 square feet in area displaying an address
and toll-free telephone number, answered by a person
twenty-four hours per day,
seven days per week, for emergency calls and information
inquiries shall be posted
at the proposed wind turbine generator or anemometer tower
erected prior to a
wind turbine generator. No wind turbine generator tower or
anemometer tower
or site shall include any advertising sign.
18.
Maintenance The
owner or operator of the WTG shall furnish an operation
and maintenance report to the Township on an annual basis.
Any physical
modification to the WTG that alters the mechanical load,
mechanical load path,
or major electrical components shall require re-application
for conditional use
under this Amendment. Like-kind replacements shall not
require re-application.
19.
Local Fire Department The applicant, owner or operator shall
submit to
the local Fire Department a copy of the site plan. 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.
Nothing in this Section
of this Amendment shall alleviate the need to comply with
all other applicable
fire laws and regulations. Upon request by the local Fire
Department, the owner
or operator shall on a yearly basis, participate in High
Angle Rescue using the
WTG tower.
20.
Hazard Planning An applicant for a wind turbine generator
shall be accompanied
by a hazard prevention plan. Such plan shall address the
following at a minimum:
a. Certification that
the electrical wiring between turbines, and between
turbines
and the utility right-of-way does not pose a fire hazard
shall be signed by a
registered Professional Engineer licensed in the State of
Ohio, who is practicing
in his or her area of competency.
b. The landscape plan
accompanying the application shall be designed to
avoid spread of fire from any source on the turbine; such
preventative measures
may address the types and locations of vegetation below the
turbine and on the site.
c. The following shall
be submitted with the application for a conditional
use permit for a wind turbine generator:
i. A listing of any
hazardous fluids that may be used on site shall be
provided.
ii. Certification that
the turbine has been designed to contain any hazardous
fluids shall be provided. This certification shall be
signed by a registered
Professional Engineer licensed in the State of Ohio, who is
practicing in his
or her area of competency.
iii. A statement
certifying that the turbine shall be routinely inspected to
ensure
that no fluids are released or leaked from the turbine or
any other equipment
or appurtenances on the site.
Section
1530 Decommissioning, Abandonment, and Financial
Assurance
1.
Decommissioning Plan The applicant must formulate and submit
a Decommissioning Plan to ensure that the WTG project is
properly
decommissioned. The Decommissioning Plan shall include:
a. Provision
describing the triggering events for decommissioning the
WTG project.
b. Removal of
structures, debris, access roads, and electrical cabling,
including
transmission lines below the soil surface, as specified in
each individual WTG
contract with the landowners.
c. Provisions for the
restoration of the soil and vegetation.
d. An estimate of the
decommissioning costs certified by a Professional Engineer
licensed in the State of Ohio who is operating in his or
her area of competency.
e. 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.
2.
Removal of Abandoned Wind Turbine Generators or
Anemometer Towers
Any wind turbine generator or anemometer tower that is not
operated for a
continuous period of nine (9) months shall be considered
abandoned, and the
owner of such wind turbine generator or anemometer tower
shall remove the same
within ninety (90) days of receipt of notice from the
Township. In addition to removing
the wind turbine generator, or anemometer tower, the owner
shall restore the site of
the wind turbine generator or anemometer tower to its
original condition prior to
location of the wind turbine generator or anemometer tower.
Any foundation
associated with a wind generator or anemometer tower shall
be totally
removed 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.
Any and all transmission equipment, buildings and fences
shall also be removed.
Failure to remove an abandoned wind turbine generator or
anemometer tower
within the ninety (90) day period provided in this
subsection, 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 Township, shall be grounds for the
Township to remove the wind
turbine generator or anemometer tower structure and all
associated equipment
or appurtenances at the land owners expense. The Township
may sell any
salvageable material, deducting the balance due from the
cash bond,
which the Township shall require.
3.
Financial Assurance for Infrastructure Repairs,
Decommissioning
and Removal The
applicant shall establish and maintain financial assurance
for any damage to Township infrastructure, including roads,
bridges and
overpasses. Financial assurance may be established and
maintained through
a trust fund for the benefit of Union Township, an
irrevocable standby letter
of credit in favor of Union Township, or insurance naming
Union Township
as an additional insured. Said financial assurance shall be
in an amount
equal to the sum of Eighty Thousand Dollars ($80,000.00)
plus the certified
decommissioning cost estimate set forth in the
decommissioning plan
required in Section 1530(1)(d), above. The applicant shall
establish the
foregoing financial assurance for each Anemometer Tower or
Wind Turbine
Generator, and shall maintain such financial assurance
until completion of
decommissioning of the facility. Establishment of the
requisite financial
assurance is a condition of approval of the conditional use
application
under Section 1515.
Section
1540 Severance Clause If any section, clause, or provision of
the Amendment is declared unconstitutional or otherwise
invalid by a court of competent jurisdiction, said
declaration shall not affect the validity of the remainder
of the Amendment as a whole or any part thereof, other than
the part so declared to be unconstitutional or invalid.
Section
1550 Agriculture Nothing in this Amendment is intended to
limit Agriculture as that term is defined under Article II
of the Township Resolution.
Section
1560 Default and Remedies The applicant's, owner's or operator's
failure to materially comply with any of the above
provisions, including any conditional use permit granted,
shall constitute a default under this Amendment. The
appropriate Township body shall provide written notice to
the owner and operator, setting forth the defaults. Such
written notice shall provide the owner and operator a
reasonable time period, not to exceed sixty (60) days, to
cure the default and make full restitution, as mandated by
the appropriate Township body. If the Township determines
in its sole and absolute discretion, that the default has
not been timely cured or full restitution timely made,
Section 350 of the Township Zoning Resolution may be
invoked by the Township, together with any other remedies
at law or equity. Any costs incurred by the Township
relative to a default shall come out of the financial
assurance mechanism established under Section 1530(3),
above.
Section
1570 Public Service Facility Wind Turbine Generators and Anemometer
Towers do not qualify as a Public Service Facility as used
in the Union Township Zoning Resolution.
Section
1580 Definitions
ADJOINING
LOT LINE
The property boundary lines between the real property for
the proposed
siting of a wind turbine generator or anemometer tower
subject of the
Application and real property owned by another person,
persons or entity.
ANEMOMETER
An instrument for measuring and recording the speed of the
wind.
ANEMOMETER
TOWER
A structure, including all accessory facilities,
temporarily for no more
than three (3) years, on which an anemometer is mounted for
the
purposes of documenting whether a site has wind resources
sufficient
for the operation of a wind turbine generator.
APPLICANT
The entity or person who submits to the Chairperson of the
Township
Board of Zoning Appeals an application for conditional use
for a WTG
or anemometer tower.
NATURAL
AMBIENT NOISE LEVEL
The normal predominant noise level absent any industrial or
commercial
noise radiation, excluding any noise resulting from any
Agriculture operations.
PROFESSIONAL
ENGINEER
A qualified individual who is licensed as a Professional
Engineer in the State of Ohio.
SCENIC
AREAS
Parks, golf courses, nature preserves, and the
rights-of-way of U.S. Route 36 and
U.S. Route 29.
SENSITIVE
ENVIRONMENTAL AREAS
Any lands owned in fee title by township, county, state, or
federal agencies or
nonprofit organizations, such as wildlife management areas,
wildlife refuges,
nature preserves, waterfowl protection areas, or other
government or
nonprofit-owned lands managed specifically for conservation
purposes.
Public conservation lands do not include private lands
subject to
conservation easements or agricultural easements.
WIND
ACCESS BUFFER
The distance between the closest points of any rotor
diameters of two
or more wind turbine generators.
WIND
TURBINE GENERATOR (WTG)
A tower, pylon, or other structure, including all accessory
facilities, upon which any,
all or some combination of the following are mounted:
a. A wind vane, blade,
or series of wind vanes or blades, or other devices
mounted on a rotor for the purpose of converting wind into
electrical
or mechanical energy.
b. A shaft, gear,
belt, or coupling device used to connect the rotor to a
generator,
alternator, or other electrical or mechanical energy
producing device.
c. A generator,
alternator, or other device used to convert the energy
created
by the rotation of the rotor into electrical or mechanical
energy.
WIND
TURBINE GENERATOR TOWER HEIGHT
a. Horizontal Axis
Wind Turbine Rotors: The distance between the ground
and the highest point of the wind turbine generator, plus
the length by which the
rotor wind vanes or blades mounted on a horizontal axis
wind turbine rotor
exceeds the height of the wind turbine generator.
b. Vertical Axis Wind
Turbine Rotors: The distance between the ground and
the highest point of the wind turbine generator.
WTG
CONTRACT
The agreement
between the Applicant and the landowners.
WTG
FACILITY
All necessary devices that together convert wind energy
into electricity, including
the rotor, nacelle generator, WTG tower, electrical
components, WTG foundation,
transformer, substation, and electrical cabling from the
WTG tower to the substation.
WTG
OPERATOR
The entity
responsible for the day-to-day operation and maintenance of
the WTG,
including their respective successors and assigns. Owner
does not mean
the property owner from whom land is leased for locating
the WTG unless
the property owner has an equity interest in the WTG or if
any person
holding a security interest in the WTG 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 WTG
at the earliest practicable date.