Wind Energy Zoning Issues, Analysis and Recommendations

1. Wind EnergyZoning Issues, Analysis and Recommendations Kristin Hopkins, AICP 2009 Cleveland Planning & Zoning Workshop Updated August 2010 khopkins@cuyahogacounty.us

2. Goal Develop regulations that enable renewable energy projects to proceed without undue delay “The lack of a clear understanding or awareness on the part of local governments about the impacts of distributed renewable energy systems, and the appropriate mechanisms for evaluating them, results in a large disparity in permitting requirements across jurisdictions and inhibits the use of these technologies from becoming more widespread.” Source: Taking the Red Tape out of Green Power

3. Watts, Kilowatts, Megawatts • One MegaWatt (MW) = 1,000 Kilowatts (kW) • One Kilowatt (kW) = 1,000 Watts (W) • One residential home uses about 10,000 kilowatt-hours per year, about 4 kW needed to serve daily

4. Energy Facility Scale • Utility Scale – 5-50 MW or greater • Commercial Scale – About 1-2 MW • Residential Scale – About 4 kW • Includes total of all facilities on a site • Local communities can regulate residential and commercial scale sites; OPSB regulates utility scale sites (see further)

5. Wind Power In Ohio • Ohio Utility-Scale Wind Energy Projects: > 5MW = OPSB: • Existing • AMP-Ohio, Bowling Green, Wood Co; 4 turbines • Approved • Buckeye Wind in Champaign & Logan Counties (70 turbines) • Hardin Wind Energy LLC in Hardin Co (120 – 200 turbines on 23,000 acres)

6. Wind power In Ohio AMP-Bowling Green, Wood Co 4 turbines 0.5 mile

8. LimitedWind in NE Ohio US Dept of Energy, National Renewable Energy Laboratory

9. What Should Communities Do? • Know the law • Determine Policies: • Plan ahead so you know what you want, where are wind energy projects appropriate • Solicit public input to determine community acceptance • Update zoning and building codes to implement policies • Be aware of related issues: storage, dismantling, maintenance, ownership • Prepare for Administration: • Establish fees (consistent with similar zoning permits) • Train staff on new technologies • Facilitate dialogue between property owners

10. General Use Distinctions Where to Permit WES * Wind Energy System (WES) - Determinations based on typical size, impact on surrounding properties, compatibility with other uses in district

11. Wind, Commercial scale • 18 kW, Columbus farm • 8 kW, CSU building-top • (2) 300 ft = (15) 75 ft = under 5 MW

12. Residential scale 70 ft tower height

13. WIND-Land Use DesignationsHow Should WES be Permitted?

14. Conditional Use • Use rigorous conditional use process only in areas where potential for impacts are greatest • Commercial environments adjacent to residential • Denser residential neighborhoods • Historic, scenic areas • Requires public hearing - enables neighbors to comment

15. Enact Appropriate Standards & Procedures Different standards needed for different scales Adopt clear, well written standards and design guidelines: To mitigate potential impacts and protect neighbors To create predictability – for everyone Ensure regulations allow economically viable systems. Avoid excessive setback requirements & restrictive height limits, yet respond to fears voiced by community

16. Enact Appropriate Standards & Procedures Preapprove certain types of models - small wind turbine, for electrical/building considerations Limit requirements for studies, certifications to those needed for rigorous review Ensure local inspectors have proper training to evaluate installations

17. Attributes of Attractive site High average wind speed. Site elevation above sea-level--this provides good exposure. Tower height--this provides good clearance from local trees and buildings. And less turbulence, too. Low turbulence--permits use of larger rotors on given turbines--better energy per dollar Good site access--good roads with few bends Adequate utility interconnection for the site Low noise estimates to local residential locations Low potential for visual flicker to local residential locations

18. Siting IssuesProtect against Potential Nuisances • Property values • Visual aspects • Noise • Birds and bats • Shadow flicker • Environmental, safety hazards • Without compromising Function!

19. Sample Small Wind Regulations Design and Performance Standards * Logan, Union, Champaign County RPC model exempts small wind for agricultural uses

20. Determining the Right Height

21. Determining the Right Height Source: Site Analysis for Wind Generators, Mick Sagrills Jun/Jul 1994 HomePower Magazine http://www.homepower.com/article/?file=HP41_pg60_Sagrillo

22. Determining the Right Height Wind Speeds Increase with Height Small increases in wind speed result in exponentially more energy the turbine can generate. % Increase in Wind Power Source: In the Public Interest, American Wind Energy

23. Determining the Right Height Tower Height vs Energy Output (10kW residential-scale turbine) Two shorter towers do not equal one taller tower Source: Mick Sagrillo, AWEA Wind letter, January 2006.

24. Setbacks • Needed for safety and noise – 1.1 to 1.5 ratio • From Prop Lines, Adjacent Buildings, Streets, Power Lines • Safety Concerns • Designed to not fall down when properly installed • Require small wind systems to shut down automatically during power outage • Ice throw – typically weights down blades – ice drops • Shadow flicker occurs only within setback

25. Sound Adopt Overall Noise Standard • Sound impacts of small wind = 52 – 55 decibels (same as refrigerator)– comes from blades moving through air • Setbacks and taller towers add distance between dwellings & turbine • Utility-scale – noise created from connection to high speed transmission lines

26. Bird/Bat Kill • Birds – no indication of worse than windows/predators • Site specific based on habitat Source: Erickson, et.al, 2002. Summary of Anthropogenic Causes of Bird Mortality, reported in Wind Energy and the Environment, AWEA website.

27. Other Requirements • Compliance with building code • Compliance with electric code • Compliance with FAA regulations - lighting, proximity to airports • Utility notification – require evidence allowing interconnection to grid system

28. Unnecessary Regulation* • Requiring inspections by state-certified engineer • Lighting requirements that exceed FAA rules • Fencing requirements • Mandatory security bonds for small systems *For Small Wind - As identified by the American Planning Association and AWEA

29. Site Plan Review Elements to be included on site plan: • Location and approximate height of all existing buildings, roads, and overhead utility lines on site and within 500 ft, (specifying distance from facility to each structure) • Existing tree cover, including average height on and within 500 ft • Location of proposed tower, foundations and other components

30. Permit Requirements Other Documents required: • Foundation blueprints – prepared by PE • Tower blueprints – prepared by PE • Diagram of electrical components & interconnection methods • Maintenance plan • Dismantling plan

31. WES as Conditional Use Review Factors to Consider • Visual Impact – Height - biggest hurdle • Environmental impacts – endangered bird/bat habitat, proximity to other sensitive uses • Density of surrounding development Methods to Mitigate Impacts – case by case • Siting and Installation • Setbacks from residences, roads, property lines

32. Example Codes • Logan-Union-Champaign Regional Planning Commission: Small Wind • Woodbury, Minnesota: Combined wind, solar, geothermal • American Wind Energy Association: wind • Cuyahoga County Planning Commission (in progress)

33. Resources • Taking the Red Tape out of Green Power: How to Overcome Permitting Obstacles to Small Scale Distributed Renewable Energy, Network for New Energy Choices, 2008. apolloalliance.org/wp-content/uploads/2009/04/redtape-rep.pdf • In the Public Interest: How and Why to Permit Small Wind Systems. A Guide for State and Local Governments, American Wind Energy Association, 2008. www.awea.org/SMALLWIND/pdf/InThePublicInterest.pdf

34. Resources • Green Energy Ohio: greenenergyohio.org • Ohio Wind Working Group: ohiowind.org • Ohio Public Utilities Commission: puco.ohio.gov • American Wind Energy Association: awea.org • U.S. Dept of Energy, Energy Efficiency & Renewable Energy: windpoweringamerica.gov/small_wind.asp