Local Zoning & Permitting: desk report

"Major utility facility" means: (a) Electric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more;

No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility.

the power siting board shall promptly fix a date for a public hearing thereon, not less than sixty nor more than ninety days after such receipt, and shall conclude the proceeding as expeditiously as practicable.

The board shall not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines all of the following:

authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code. Nothing herein shall prevent the application of state laws for the protection of employees engaged in the construction of such facility or wind farm nor of municipal regulations that do not pertain to the location or design of,

the chairman shall examine the certificate application to determine compliance with Chapters 4906-1 to 4906-7 of the Administrative Code. Within sixty days following receipt, the chairman shall either:

Describe the fire protection, safety, and medical emergency plan(s) to be used during construction and operation of the facility, and how such plan(s) will be developed in consultation with local emergency responders.

The staff report is due 15 days prior to the scheduled public hearing and typically is submitted between 60 and 90 days after the letter of completeness has been issued.

The board of county commissioners may adopt a resolution designating all or part of the unincorporated area of a county as a restricted area, prohibiting the construction of any or all of the following: (1) An economically significant wind farm; (2) A large wind farm; (3) A large solar facility.

The act prohibits a person from filing an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area, if such a facility is prohibited in that restricted area.

The act conditions the designation of a restricted area upon the right of referendum the act grants county voters. A resolution designating a restricted area becomes effective 30 days from the day it is adopted, unless a referendum petition is filed with the board of county commissioners.

At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located.

Not later than ninety days after the public meeting described in section 303.61 of the Revised Code regarding an application for a certificate, or a material amendment to an existing certificate, for a utility facility, the board of county commissioners may adopt a resolution that does either of the following:

(1) Prohibits the construction of the utility facility that is the subject of the certificate; (2) Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant. (B) If no resolution is adopted within the time required under this section, the application may proceed as filed with the power siting board.

Whenever an application is made to the power siting board for a certificate or a material amendment to an existing certificate for a utility facility, the board shall include two voting ad hoc members to represent the interests of the residents of the area in which the utility facility is to be located.

(C)(1) The ad hoc members shall be: (a) The chairperson of the board of township trustees of the township in which the utility facility is to be located or the chairperson's designee; (b) The president of the board of county commissioners of the county in which the utility facility is to be located or the president's designee

States that applications for a certificate or material amendment to an existing certificate for a large solar facility are not subject to the act's provisions if, as of October 11, 2021: The facility is in the PJM Interconnection and Regional Transmission Organization, L.L.C. (PJM), New Services Queue;

if, as of the effective date of this section: (1) The applicant has received a completed system impact study from PJM for the large solar facility; and (2) The applicant has paid the fee for the facilities study to PJM.

The application has been found to be in compliance with the application requirements by the PSB Chairperson (or the Chairperson’s designee) and has been accepted by PSB;

(2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code. (B) At least sixty days prior to the commencement of construction of a utility facility, the applicant shall submit a comprehensive decommissioning plan for review and approval by the power siting board.

(D) "Utility facility" means an economically significant wind farm, a large wind farm, or a large solar facility.

The decommissioning plan submitted to the power siting board under section 4906.21 of the Revised Code shall be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors.

(B) The plan shall contain the following: (1) A list of all parties responsible for decommissioning;

(2) A schedule of decommissioning activities, not to extend beyond twelve months from the date the utility facility ceases operation; (3) An estimate of the full costs of decommissioning the utility facility, including the proper disposal of all facility components and restoration of the land on which the facility is located to its pre- construction state.

(A) Prior to beginning construction, the applicant shall post a performance bond to ensure that funds are available for the decommissioning of the facility. (B) The power siting board shall be the obligee of the bond.

The performance bond must equal the estimate of the costs of decommissioning included in the decommissioning plan and must be updated every five years. If decommissioning costs are greater in the new estimate than they were in the preceding estimate, the performance bond must be increased proportionately. The performance bond can never decrease,

(5) The applicant shall describe the plan for decommissioning the proposed facility, including a discussion of any financial arrangements designed to assure the requisite financial resources.

States that applications for a certificate or material amendment to an existing certificate for a large solar facility are not subject to the act’s provisions if, as of October 11, 2021:

Tangible personal property of a qualified energy project using renewable energy resources is exempt from taxation for tax years 2011 through 2025 if all of the following conditions are satisfied:

For a qualified energy project with a nameplate capacity of twenty megawatts or greater, a board of county commissioners of a county in which property of the project is located has adopted a resolution under division (E)(1)(b) or (c) of this section to approve the application submitted under division (E) of this section

Construction or installation of the energy facility begins on or after January 1, 2009, and before January 1, 2025. For the purposes of this division, construction begins on the earlier of the date of application for a certificate or other approval or permit described in division (B)(1)(a) of this section

A board of county commissioners may adopt a resolution declaring the county to be an alternative energy zone and declaring all applications submitted to the director of development under this division after the adoption of the resolution, and prior to its repeal, to be approved by the board.

The board shall send such notice within thirty days after receipt of the application, or a longer period of time if authorized by the director.

shall make annual service payments in lieu of taxes to the county treasurer on or before the final dates for payments of taxes on public utility personal property on the real and public utility personal property tax list for each tax year for which property of the energy project is exempt from taxation under this section.

Each payment shall be in the following amount: (1) In the case of a solar energy project, seven thousand dollars per megawatt of nameplate capacity located in the county as of the thirty-first-day of December of the preceding tax year;

A person may apply to the director of development for certification of an energy project as a qualified energy project on or before the following dates: (i) December 31, 2024, for an energy project using renewable energy resources;

The director of transportation with respect to all highways that are a part of the state highway system and local authorities with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows:

In addition, a local authority, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the local authority to compensate for or to repair excess damage caused to the roadway by travel under the permit.

The director of transportation may upon formal application being made to the director, grant a permit to any individual, firm, or corporation to use or occupy such portion of a road or highway on the state highway system as will not incommode the traveling public.

so occupying any road or highway on the state highway system, under and by virtue of a franchise or permit granted and in force, shall relocate their properties and all parts thereof within the bounds of the road or highway when in the opinion of the director they constitute obstructions,

Permits are required when working on the Ohio Department of Transportation's right-of-way. Common activities that occur along state, federal, and interstate highways that require right-of-way permits include: Residential, commercial, and field driveways Landscaping Utility work, including telephone, electric, gas, cable, water, sanitary sewer, and storm sewer Pipeline installation Soil boring Seismic surveys

An access request may be submitted via mail or electronically via email. Decisions for an access request will generally be provided within 30 calendar days after all necessary application information is provided and correct.

No person, partnership, or corporation shall erect, within the bounds of any highway or on the bridges or culverts thereon, any obstruction without first obtaining the approval of the board in case of highways other than roads and highways on the state highway system and the bridges and culverts thereon.

Describe measures that will be taken to improve inadequate roads and repair roads and bridges to at least the condition present prior to the project. (4) The applicant shall list all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures

"Improvement" includes: (1) The location, construction, reconstruction, reconditioning, widening, deepening, straightening, altering, boxing, tiling, filling, walling, arching, or any change in the course, location, or terminus of any ditch, drain, watercourse, or floodway;

Any owner may file a petition for the construction of a drainage improvement with the clerk of the board of county commissioners of the county in which is located a part of the land proposed to benefit from the improvement.

which shall be between thirty and one hundred twenty days after the date on which the petition was filed with the clerk; (2) Establish a date and hour between thirty and ninety days after the date set for the view, when it will hold its first hearing on the petition.

When an improvement is proposed to be located in or benefits or damages land in two or more counties, the proceeding shall be conducted by a joint board of county commissioners consisting of the members of the boards of county commissioners of the several counties in which land may be benefited or damaged by the proposed improvement.

With regard to a single county improvement, the county engineer has general charge and supervision of the repair and maintenance of all county drainage improvements constructed under Chapters 940., 6131., 6133., and 6135. of the Revised Code.

In the case of open ditches, the permanent easement so used shall be not more than twenty- five feet from the top of the bank, measured at right angles thereto, and wherever practical the area so used shall be on one side of the ditch only.

The maximum width of permanent easement for closed ditches shall not exceed eighty feet centered on the centerline of the improvement.

Avoidance or minimization to the maximum extent practicable of any damage to field tile drainage systems and soils in agricultural areas. (ii) Timely repair of damaged field tile systems to at least original conditions, at the applicant's expense.

For all structures and property lines within one thousand five hundred feet of the generation equipment or wind turbine

For all structures and property lines within two hundred fifty feet of a collection line

Regulations associated with wind farms.

1. Attach a drawing of the proposed work. Show plan, profile, section, pavement, pipes, bridges, etc. 2. Underground lines, etc. parallel to the road shall be no less than 30” deep, located behind the back side of the ditch line and have permanent markers at the R/W line, angle points every 200 feet within the R/W.

3. The County Engineer’s Office shall be notified two working days before any work is started within the R/W. 4. Any expense incurred by the County due to the applicant’s use of the R/W will be paid by the applicant.

All driveways that connect to a county road in Carroll County require a permit from the Board of County Commissioners issued through the office of the County Engineer.

Temporary access permit only. Driveway to be removed upon completion of the project. Temporary Drive Permit Requirements: All temporary driveway permits must utilize Management of Traffic (MOT) measures (e.g. flagging, signage) as outlined by applicable material from ODOT’s Ohio Manual of Uniform Traffic Control Devices (OMUTCD).

Roadway Use and Maintenance Agreement for Power Facilities Driveway Permit for Construction Within The County Right-of-Way Limits (Commercial) Driveway Permit for Construction within the County Right of Way Limits (Residential) Permit for The Use of The County Highway Right-of-Way Special Hauling Permit Road Bond Form

No person, partnership, or corporation shall erect, within the bounds of any highway or on the bridges or culverts thereon, any obstruction without first obtaining the approval of the board in case of highways other than roads and highways on the state highway system and the bridges and culverts thereon.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

(4) The applicant shall list all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures, lane closures, road access restrictions, and traffic control necessary for construction and operation of the proposed facility.

All heavy hauling operations using county roads must obtain an approved “Special Hauling Permit” before starting any hauling. There is no charge for the permit. The appropriate Township Trustees must also be contacted before hauling on township roads.

Township Trustee lists are available at the County Engineer’s Office. A minimum $25,000.00 per mile bond will be required.

During the period of high soil moisture and potential freeze/thaw cycles, the legal load limits on all county and township roads are reduced 25%. The load reduction period, set by the Carroll County Commissioners, is between December 1 and May 15.

Heavy hauling may only be permitted when the roadway is frozen during the Frost Law Period. The company must contact the County Engineer’s Office each time they are planning any heavy hauling during the Frost Law Period.

The normal bond during the Frost Law Period is $25,000 per mile surety bond and the Carroll County Commissioners shall be listed as obligees on the bond. In the event that any road on the route has a current Road Use Maintenance Agreement, a separate Shared Road Use Maintenance Agreement may be required.

The bond will be returned to the company or transferred to another permit in whole or in part depending on the condition of the road after all hauling is completed. The County Engineer will determine the cost to repair any road damage found and bill the company.

local authorities with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows: (a) At a size or weight of vehicle or load exceeding the maximum specified in sections 5577.01 to 5577.09 of the Revised Code

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

Bridges are identified as any structure of ten feet (10) or more clear span or ten feet (10) or more in diameter on, above, or below a highway. The County Engineer has the responsibility to construct and maintain all highway bridges on County and Township roads in Carroll County.

Culverts are identified as any structure less than ten feet (10’) clear span/diameter on or below a highway. The responsibility to construct and maintain highway culverts on roads within Carroll County lies with the respective road maintenance jurisdiction of the highway (i.e. Township, County, and State).

Townships are responsible for construction and maintenance of all culverts on township roads less than ten foot (10’) clear span/diameter.

Based on a formal request from the township for assistance, the County may participate in township culvert replacement projects at its discretion and within the limits of available resources.

The board of township trustees, by resolution, may require any person to obtain a permit before installing a driveway culvert or making any excavation in a township highway

(F) The owner or a lessee pursuant to a sale and leaseback transaction of a qualified energy project shall do each of the following:

(4) For energy projects with a nameplate capacity of twenty megawatts or greater, repair all roads, bridges, and culverts affected by construction as reasonably required to restore them to their preconstruction condition, as determined by the county engineer in consultation with the local jurisdiction responsible for the roads, bridges, and culverts.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

Divisions of land subject to the provisions of these regulations are: 1. The division of any parcel into two or more lots, or pieces, any one of which is less than five (5) acres.

Division of land not subject to the provisions of these regulations are: 1. The division of land into parcels of more than five (5) acres each not involving any new streets, roads, or easements of access.

The subdivision of land located in the unincorporated areas of the County except the territory which is within three (3) miles of the corporate limits of a city or within one and one-half 1-1/2) miles of the corporate limits of a Village, either of which has enacted platting jurisdiction

is proposed along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots including the original tract, the said subdivision may be submitted to the Commission for approval without a plat.

If the Commission, acting through its staff, is satisfied that such proposed subdivision is not contrary to applicable platting, subdividing or zoning regulations, it shall within seven(7) full working days after submission approve or deny such proposed subdivision.

IMPORTANT: Minor Subdivision approval is provided for convenience. It does not in any way relieve the applicant from meeting all lawful regulations, including but not limited to the requirements of the Carroll County Subdivision Regulations, Carroll County Health District and the Carroll County Engineer.

Commission: Acts on Final Plat - Gives approval or disapproval along with reasons for refusal in writing within thirty (30) days after plat has been officially filed, otherwise, said plat shall be deemed to have been approved.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

As mentioned earlier, the plan is a guide. It is not a coercive document. To be successful a plan must be reflective; that is, sensitive to change.

We will preserve the “hometown” atmosphere enjoyed by its residents as well as visitors. We will continue to protect agricultural land, forests, open spaces, streams, and ground water supply.

Goal 1: Carroll County residents value their open spaces, agricultural lands and natural areas. They wish to sustain these vital areas that are historically the foundation of the community's quality of life and economic base.

The strategy used as the base of the Carroll County Comprehensive Land Use Plan is to move development away from scattered individual lots and into concentrated development areas.

Those sectors of the county with abundant power available must also be considered in conjunction with the availability of other utilities, such as water, sewer and roadways, and then weighed against the desirability to preserve certain areas of the county for agricultural usage, wildlife corridors and open space.

Land Use Regulatory Tools No townships in Carroll County have zoning regulations. Planning Areas There appears to be some similarities between certain groupings of townships as they relate to land use planning.

(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.

No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.