§ 163.21 LARGE WIND ENERGY SYSTEMS.
   Large wind energy systems shall be a use permitted by review and issuance of a permit, subject to the requirements of this section.
   (A)   General requirements. Large wind energy systems shall comply at all times with the following requirements:
      (1)   Same requirements as for small wind energy systems. Large wind energy systems shall meet all of the requirements of § 163.20 for small wind energy systems with the exception of wind turbine height, setbacks, and removal. Requirements for wind turbine height, setbacks, and removal shall be as set forth in this § 163.21.
      (2)   Wind turbine height. The maximum wind turbine height for a large wind energy system shall be as approved by the Planning Board but shall in no event be more than 199 feet.
   (B)   Spacing requirements.
      (1)   No portion of a permitted large wind energy system shall be located within 1,000 feet of the property lines of any property adjoining the tract or tracts on which the large wind energy system is located; provided, that this requirement shall not apply to property owned or leased by the owner or operator of the large wind energy system if such property continues to be so owned or leased at all times while the large wind energy system remains permitted and/or in operation.
      (2)   In order to establish permitted locations, measurement shall be made in a straight line, without regard to intervening structures or objects, from that portion of the large wind energy system which is closest to the nearest parcel boundary of the adjoining property. Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the spacing requirements of this section. Certification of the location of a large wind energy system will be accomplished by a registered land surveyor.
   (C)   Spacing requirements - waiver. The owners of an adjoining property as specified in division (B) above may waive all or any portion of the spacing requirements set forth therein. The waiver shall be in writing and shall be in the form of an easement. The waiver shall be signed by all of the owners of said adjoining property and, where said adjoining property or any portion thereof is the subject of a written lease agreement, by all lessees thereunder. The waiver shall also be signed by the owner(s) or operator(s) of the large wind energy system, and, if different, by all of the owners of the tract(s) of property on which the large wind energy system is situated. The waiver shall further be signed by the County Attorney, whose signature shall serve as a certification that the requirements of this subsection above have been met. All of said signatures shall be notarized, whereupon the waiver shall be recorded in the Ashe County Register of Deeds Office at the expense of the owner(s) or operator(s) of the large wind energy system. Following such recording, the spacing requirements of division (B) as between said adjoining property and said large wind energy system shall be deemed amended to conform to the provisions of the waiver. The easement granted by said waiver shall be appurtenant to and run with the land and shall be binding on the parties, their heirs, successors, and assigns; provided, that the same shall by its express provisions terminate at such time as said large wind energy system ceases to have a valid permit under this chapter. The Planning Board shall, in the event a large wind energy system for which a waiver has been recorded ceases to have a valid permit, cause an instrument to be recorded in the Ashe County Register of Deeds Office evidencing the same.
   (D)   Setbacks from public and private roads. No portion of a large wind energy system shall be situated closer to the traveled portion of a public or private road than 1-1/2 times the height of the tallest wind turbine situated on the tract(s) of property on which the large wind energy system is located. This division (D) shall not apply to that portion of a private road or driveway which serves as access to a large wind energy system, as determined in the discretion of the Planning Board.
   (E)   Setbacks from streams, creeks, branches, and rivers. All large wind energy systems shall comply with state and federal requirements for setbacks from streams, creeks, branches, rivers, and other surface waters, and, where required by state laws, rules, or regulations, shall at all times possess a valid permit from the North Carolina Division of Water Quality with respect to the same.
   (F)   Mountain ridge protection. No portion of a large wind energy system shall be located or maintained on any portion of the ridge of a protected mountain ridge if the wind turbine height exceeds the top of the vegetative canopy surrounding such large wind energy system by more than 35 feet.
   (G)   Noise. The aggregate noise and/or audible sound of a large wind energy system shall not exceed five decibels above the existing average noise/decibel level on adjacent properties; provided, that in no event shall the aggregate noise and/or audible sound of a large wind energy system exceed 45 decibels as measured in any area surrounding the wind turbine site except on the property owned or leased for operation of the large wind energy system. Potential noise levels shall be determined by a duly licensed North Carolina engineer as approved by the Planning Board.
   (H)   Utility lines. That portion of the utility lines servicing a large wind energy system which are situated on the tract(s) of property on which the large wind energy system is located shall, insofar as is possible, and to the extent not otherwise prohibited by federal or state laws, rules, or regulations, be placed underground.
   (I)   Removal of large wind energy systems. If at any point the site permit for a large wind energy system ceases to be effective as provided under § 163.36(E), the Planning Board shall notify the owner or operator of the same to dismantle and remove it from the premises and to restore the premises, as nearly as practicable, to its condition prior to placement of the large wind energy system thereon. The Planning Board may impose such conditions and deadlines on the owner or operator of the large wind energy system as may be reasonable in order to accomplish the foregoing. In addition, the Planning Board shall be authorized to utilize such funds for the above stated purposes and to draw on such bond as may have been set aside or furnished by the owner or operator of the large wind energy system pursuant to § 163.36(A)(8).
(Am. Ord. passed 7-17-23)