Minutes of the Meeting of the Rootstown Township Zoning Commission
October 19, 2009

The Rootstown Township Zoning Commission met in regular session on Monday, October 19, 2009, at 7:00 p.m. at the Rootstown Town Hall.

Present:
Paul Galido
Karen Henry
Ann Marie Mullenix
Rob Swauger
George Tishma
Helen Vari

Absent:

Also present:
Jim Mahood, Zoning Inspector
Van-Note Black, Assistant Zoning Inspector
Judy Adamson, secretary

Chair, Ann Marie Mullenix, called the meeting to order everyone stood for the Pledge of Allegiance.

Mrs. Mullenix acknowledged audience members Roger Carpenter and Darrell Wayt, who stated they were there to listen to the proceedings.

Zoning Inspector, Jim Mahood, had no formal report at this time.

The work session prior to this regular meeting was very helpful and Mrs. Mullenix thanked the members for their dedication and time spent to better prepare for drafting regulations for wind turbines in the township.

Paul Galido made a motion to approve the September 21, 2009 Zoning Commission meeting minutes. Helen Vari seconded the motion and all ayes were heard.

Reviewing the work session notes the group next decided if they might have more thoughts on any of the tentative proposed text for a chapter on wind turbines. George Tishma wanted to review the portion where it was stipulated that only manufacturers could build the wind turbine units. Some of the places which already have regulations in place stipulated to have an engineer certify the structural strength and a licensed electrical engineer to state that it complies with standards, etc. The zoning inspector reminded the group that the township does not govern building materials. The building department determines if the structures will be made of safe materials. For cell phone towers, they need to present a plan and a structural engineer shows the blueprints prior to approval from the county to build them.

George Tishma made a motion to put a certification portion into the regulations to make sure the units meet the specifications. Paul Galido seconded the motion. Vote as follows: Tishma, YES; Vari, YES; Swauger, YES; Galido, YES; and Mullenix, YES – passed 5/0 The proposed wording for the CERTIFICATION portion of the wind turbine regulation will be:

CERTIFICATION:

  1. The foundation, tower, and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in Ohio that they conform to good engineering practices and comply with the appropriate provisions of the Ohio Building code.
  2. The electrical system shall be certified in writing by an electrical engineer, registered in Ohio, that it conforms to good engineering practices and complies with the standards of the utility company.
  3. The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices.

Paul Galido left the meeting at 7:40 p.m. due to an audience member belittling the board and disrupting the meeting.

Next, the kilowatt issue was discussed at length. The majority of the drafts reviewed list 100 KW as the maximum amount. The discussion included whether the size of the unit is how the kilowatts are determined. It may help to know how many kilowatts are used in the average house per day/week/or month. Residential use surplus will be returned to the utility company for a credit or batteries are used for storage. If the kilowatt usage cap is based on the decibel readings, this may be a reason for having the cap. It was felt that more information is needed prior to setting a cap on the kilowatts. The group feels as long as they meet the decibel and height requirements perhaps no cap will be needed.

Back to choosing the definitions which were drafted at the work session. The one chosen for SMALL WIND ENERGY SYSTEM is as follows:

SMALL WIND ENERGY SYSTEM - – A wind energy system consists of a wind turbine, a tower, and associated controls or conversion electronics which is intended to primarily reduce on-site consumption of utility power. The purpose of a small energy system is to be an accessory use of the property.

WIND ENERGY TURBINE – The blades and associated mechanical and electrical conversion components whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

Rob Swauger made a motion to approve the above definitions as part of the wind turbine regulations. George Tishma seconded the motion and voting was as follows: Swauger, YES; Vari, YES; Henry, YES (voting alternate due to Paul Galido leaving the meeting); Tishma, YES; and Mullenix, YES. Passed 5/0

Decibel ratings for each wind turbine are important and where the reading is taken is equally important. Some of charts that have been reviewed show 55 decibels as an acceptable amount. The township’s current gas & oil regulations limits the noise level to 70 decibels at a 300-ft. radius. Perhaps OSHA standards would give an amount to use and it would be measured at the property line. The interpretation of the numerical chart was difficult with nothing to compare the numbers to. Revolutions per minute, octave band cycles per second, rotor blades or generator, does the size of the blades matter, etc. were all considered. Kilowatt ratings may need to be taken into account and more research may help with the decision. Noise ratings may be indicated on manufactured wind turbines and need to be taken into account when applying for the permits.

Rob Swauger made a motion to measure the decibel levels at the property line and they should not exceed OSHA standards. George Tishma seconded the motion and the vote was as follows: Tishma, YES; Henry, YES; Vari, YES; Swauger, YES; and Mullenix, YES – passed 5/0

George Tishma made a motion to create a Chapter 480 called Wind/Solar Energy and adopt the Purpose agreed upon at the work session. Helen Vari seconded the motion and the vote was as follows: Swauger, YES; Tishma, YES; Vari, YES; Henry, YES; and Mullenix, YES – passed 5/0

CHAPTER 480
Wind/Solar Energy

PURPOSE:

The purpose of this section is to accommodate generation/small wind energy systems in appropriate locations, while minimizing any adverse visual, safety and environmental impacts of the system. In addition, this regulation provides a conditionally-permitted process for small wind energy systems to ensure compliance with the provisions of the requirements and standards established herein.

Karen Henry made a motion to adopt the wind turbine height regulations which were drafted in the work session. George Tishma seconded the motion and the vote was: Swauger, YES; Tishma, YES; Vari, YES; Henry, YES; and Mullenix, YES – passed 5/0 - the height section will be presented as follows:

HEIGHT – The wind energy system is measured as the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point, and shall not exceed the following maximum height requirements.

  1. Wind towers

    1. Properties less than _ acre in size – maximum 45 feet
    2. Properties between _ acre and one acre in size – maximum 80 feet
    3. Properties greater than 1 acre to 2-1/2 acres – maximum 100 feet
    4. Properties greater than 2-1/2 acres to 5 acres – maximum 120 feet
    5. Properties greater than 5 acres in size – maximum 170 feet
    6. Properties within 10,000 feet of an airport must comply with FAA height standards and regulations.

  2. Building-mounted units

    1. Wind turbines may be affixed to the building or the roof, providing that:

      1. The total height of the wind turbine is less than 20 feet above the highest point of the building
      2. The base of the wind turbine cannot be seen from the road right-of-way

  3. Towers

    1. A wind turbine may be attached to an existing tower, providing that:

      1. The tower is designed to accommodate the wind turbine are in compliance with Section (add our #’s)

Next, the location and setback regulations would need to be included. The work session decided the following text.

LOCATION:

  1. A wind energy system shall only be located in the rear yard portion of any lot with a principle building. Exception is when the wind system is attached to a building the base of which cannot be viewed from any roadway.

    1. Tower setbacks

      1. Shall be located at least 1.1 times its height from any public road right-of-way
      2. Shall be located at least 1.1 times its height from any overhead utility lines, except those lines directly servicing the subject property.
      3. Shall be located at least 1.1 times its height from all property boundaries.
      4. May be located as close as 20 feet to the property boundaries of the installation site, providing that:

        1. The tower is a tilt-down or crank-up monopole design, which must pull down or retract towards the installation site and away from all adjoining properties
        2. The tower does not utilize guy wires.
        3. The total height cannot exceed 80 feet.

    2. Guy Wire Anchors setbacks

      1. If guy wires are utilized as part of the tower design, then the guy wire anchors shall be placed at least 50 feet from any abutting property boundaries.
      2. The minimum distance a wind turbine may be from the property boundaries, if it is located on a building, must equal a distance that is equal to the total height of the wind turbine from the ground.

Karen Henry made a motion to include the above text for location and setbacks to the wind turbine regulations and forward it with the other sections for approval at the county level. Helen Vari seconded the motion and the vote was: Swauger, YES; Tishma, YES; Vari, YES; Henry, YES; and Mullenix, YES – passed 5/0

It was decided that another work session would help the group continue the pace to get the wind turbine regulations ready for submitting to the county for approval prior to the trustees’ acceptance.

The next regularly scheduled meeting is November 16. The members will be notified when the next work session will be scheduled.

Karen Henry made a motion to adjourn. George Tishma seconded the motion and all ayes were heard.

__________________________________
Ann Marie Mullenix, Chairperson
Rootstown Township Zoning Commission

Judy Adamson, secretary