(A) Permit application. A person seeking a permit for a large wind energy system shall file an application with the Planning Board for review as follows. An applicant must be the person(s) with an interest in the property or a contract to purchase the property. Permit approvals run with the land.
(1) Background information. An applicant for a site permit must provide the following background information regarding the applicant:
(a) A letter of transmittal signed by an authorized representative or agent of the applicant.
(b) The complete name, address, telephone number, and e-mail address of the applicant and any authorized representative.
(c) The signature of the person who prepared the application, if prepared by an agent or consultant of the applicant.
(d) The role of the permit applicant in the construction and operation of the wind power project.
(e) The identity of any other wind power project located in the state in which the applicant, or a principal of the applicant, has an ownership or other financial interest; the operator of the wind power project if different from the applicant; and the name of the person or persons to be the permittee if a site permit is issued.
(2) Certificate of public convenience and necessity. The applicant shall state in the application whether a certificate of public convenience and necessity for the system is required from the Utilities Commission and, if so, the anticipated schedule for obtaining the certificate. The county may ask the Utilities Commission to determine whether a certificate of public convenience and necessity is required for a particular wind power project for which the county has received a site permit application. The county shall not approve a project requiring a certificate unless and until such certificate is issued by the Utilities Commission. If a certificate is not required from the Utilities Commission, the permit applicant shall include with the application a discussion of what the applicant intends to do with the power that is generated.
(3) Compliance with state policy. The applicant shall describe in the application how the proposed wind power project furthers state policy to site such projects in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources.
(4) Site information. The applicant shall include the following information about the site proposed for the wind power project and any associated facilities:
(a) The surveyed boundaries of the site proposed for the wind power project.
(b) The location of other wind turbines in the general area of the proposed wind power project.
(c) The applicant's land rights both within and outside the boundaries of the proposed site, including acquisition by the applicant of all necessary utility easements for transmission lines serving the wind power project.
(5) Design information. The applicant shall provide the following information regarding the design of the proposed wind power project:
(a) A project layout, prepared by a design professional, including a map showing the proposed location of the turbine(s).
(b) A description of the turbine(s) and tower(s) and other equipment proposed to be used in the wind power project, including the name of the manufacturers of the equipment.
(c) A description of the project electrical system, including transformers at both low voltage and medium voltage.
(d) A description and location of associated facilities, including but not limited to the building or buildings for operational monitoring of the wind turbine facilities.
(e) Photographs of a clearly visible balloon floated at the site of the proposed large wind energy system to the maximum height of the tallest wind turbine to be located thereon, taken from such locations as property lines, roadways, and other locations deemed necessary by the Planning Board in order to assess the visual impact of the same.
(6) Impact analysis. The applicant shall include with the application an approved independent analysis of the potential impacts of the wind power project, proposed measures to mitigate impacts, and any adverse environmental effects, together with an analysis of the effects of the same on the applicant's ability to comply with the applicable requirements of this chapter, in the following areas:
(a) Demographics, including people, homes, and businesses.
(b) Noise.
(c) Visual impacts.
(d) Public services and infrastructure.
(e) Cultural and archaeological impacts.
(f) Recreational resources.
(g) Public health and safety, including air traffic, electromagnetic fields, and security and traffic.
(h) Hazardous materials.
(i) Land-based economics, including agriculture, forestry, and mining.
(j) Tourism and community benefits.
(k) Job creation and ad valorem tax projections.
(l) Topography.
(m) Soils.
(n) Geologic and groundwater resources.
(o) Surface water and floodplain resources.
(p) Wetlands.
(q) Vegetation.
(r) Avian impact assessment, including an indication of the type and number of birds and bats that are known or suspected to use a project site and the area surrounding that site.
(s) Wildlife.
(t) Rare and unique natural resources.
(7) Construction, operation, maintenance, and insurance information. The permit applicant shall describe and/or provide evidence of compliance with all of the following:
(a) The manner in which the wind power project, including associated facilities, will be constructed.
(b) How the wind power project will be operated and maintained after construction, including a maintenance schedule.
(c) The anticipated schedule for completion of the wind power project and the expected date of commencement of commercial operations.
(d) The energy expected to be generated by the wind power project.
(e) A certificate of general comprehensive liability insurance for the applicant's proposed operations at the site of the proposed wind power project, in such minimum amount as may be established by the Planning Board, the same to be maintained in full force and effect at all times for as long as the wind power project remains in operation, with such certificate being furnished to the Planning Board in updated form throughout the life of the wind power project.
(8) Decommissioning information. The applicant shall include the following information regarding decommissioning of the wind power project and restoring the site:
(a) The anticipated life of the wind power project.
(b) The estimated decommissioning costs in current dollars.
(c) The method and schedule for updating the costs of decommissioning and restoration.
(d) The method of ensuring that funds will be available for decommissioning and restoration, including the details for establishment of a removal fund and depositing or setting aside sufficient monies in said fund on a sufficiently regular basis to pay for dismantling the large wind energy system and restoring the site. The Planning Board shall require the applicant to furnish a bond for this purpose, in such amount and by such surety as the Planning Board and the applicant may mutually agree upon, payable to the county and conditioned upon satisfactory completion by the applicant of the dismantling and restoration requirements of this division (A)(8).
(e) The anticipated manner in which the wind power project will be decommissioned and the site restored.
(9) Other permits and approvals. The applicant shall include in the application a list of all known federal, state, and local agencies or authorities from which permits or approvals must be obtained for the wind power project or any aspect of its operations, structures, equipment, or environmental impact, together with the titles of the permits and approvals.
(10) Blue Ridge Parkway. If the site for a proposed large wind energy site is within the Blue Ridge Parkway view shed, the applicant shall inform the National Park Service of the proposed wind turbine siting. Park service recommendations shall be given reasonable consideration and documentation of this consideration shall be provided to the county. The park service shall be afforded 30 days to respond to the applicant's written intention to erect a large wind energy system. No answer to the notification within the 30 days shall be considered as an affirmation of the site as proposed. View shed shall be determined by the county using maps and documents prepared for that purpose by the Design Research Laboratory at N.C. State University and the Blue Ridge Parkway Division of Resource Planning and Professional Services.
(11) State and national parks and forests. If the site for a proposed large wind energy system is within the view shed of a state or national park or forest, the applicant shall inform the National Park Service, the U.S. Forest Service, or the appropriate state park system of the proposed wind turbine siting. Recommendations from reviewing departments and agencies shall be given reasonable consideration and documentation of this consideration shall be provided to the county. Reviewing departments and agencies shall be afforded 30 days to respond to the applicant's written intention to erect a large wind energy system. No answer to the notification within the 30 days shall be considered as an affirmation of the site proposed. View shed shall be determined by the county using maps and documents prepared for that purpose by the Design Research Laboratory at N.C. State University with consultation with the appropriate national or state department or agency.
(12) Application fee. The application shall be accompanied by such fee as shall have been established by the Ashe County Board of Commissioners.
(13) Certifications. The application shall contain certifications by the applicant that:
(a) The large wind energy system use for which the permit is being requested will at all times comply with the applicable regulations and standards imposed under this chapter.
(b) The proposed large wind energy system is properly permitted under and complies with, and at all times will be maintained and operated and will continue to be permitted under, all rules, regulations, and other requirements imposed by any other applicable regulatory agency or governmental body, whether federal, state, or local.
(c) The proposed large wind energy system will not adversely affect the health or safety of persons living or working in the vicinity of the same, nor will it be detrimental to the public welfare.
(d) The applicant has not constructed, maintained, operated, or modified any large wind energy system within Ashe County without the approval of the county.
(e) No permit issued to the applicant under this chapter, or under any successor ordinance hereto, has ever been revoked.
(f) The applicant is the owner or lessee of the tract or tracts on which the large wind energy system is located or is proposed to be located, and will continue to be the owner or lessee of the same for so long as the large wind energy system is situated thereon unless recommended otherwise by the Planning Board and approved by the Board of Commissioners.
(B) Hearing required. Prior to granting or denying a permit for a large wind energy system, the Planning Board shall conduct a public hearing. The purpose of the hearing shall be to receive comments and information pertinent to the applicant's compliance or ability to comply with the requirements of this chapter. Comments and information not pertinent shall not be considered. The Planning Board shall cause notice of the hearing to be published once a week for two successive calendar weeks prior to the same. The notice shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. The Planning Board shall also cause notice of the hearing to be mailed by registered mail, return receipt requested, to the owners of all tracts adjoining the site of the proposed large wind energy system.
(C) Issuance or denial of permit. No later than 30 days following the public hearing, the Planning Board shall render a decision on the application and shall notify the applicant and property owner (if different) in writing as to the same. The decision of the Planning Board shall be made in accordance with the following requirements:
(1) If the Planning Board determines that the application fails to meet one or more of the requirements of this chapter, or that any one or more of the certifications in § 163.36(A)(13) above cannot truthfully and correctly be made or reasonably complied with, the application shall be denied. Written notification of the denial from the Planning Board to the applicant shall note the reason(s) for the denial and shall refer to the specific section(s) of this chapter with which the application does not comply. The applicant shall have 60 days from receipt of said written notification to bring the application into compliance, in which event the provisions of division (C)(3) below shall apply. If the applicant fails to do so within said period of 60 days, the applicant shall be required to file a new application, or, in the alternative, the applicant may file an appeal under § 163.50 through § 163.58. The Planning Board shall provide written notification to the applicant as to the Planning Board's decision with regard to any attempts by the applicant to bring the application into compliance.
(2) An application for a permit shall further be denied upon a determination by the Planning Board that said application or information submitted in connection therewith contains a material misrepresentation, either of commission or omission.
(3) If the Planning Board determines that the application meets all of the requirements of this chapter, that all of the certifications in § 163.36(A)(13) above are truthfully and correctly made and can reasonably be complied with, and that the application does not violate the provisions of division (C)(2) above, the Planning Board shall issue a permit to the applicant. The permit shall note thereon the effective date of issuance.
(4) If the Planning Board fails within the above stated period of 60 days to notify the applicant as to what action has been taken, the applicant shall be entitled to appeal to the Board of Commissioners for a decision on the application. Such appeal shall be governed by the provisions of §§ 163.50 through 163.58.
(D) Conditions of permit. Each permit approved hereunder shall be issued on condition that:
(1) The certifications contained in the application are true and correct and reasonably able to be complied with, and, if continuing in nature, shall at all times remain so;
(2) The application, and information submitted in support of the same, contains no material misrepresentation, either of commission or omission;
(3) The applicant is and will at all times remain in compliance with the terms and conditions of the permit and with all requirements of this chapter;
(4) The large wind energy system for which the permit is issued will not cease or discontinue operation for a period of 180 or more consecutive days; and
(5) The applicant will at all times comply with any request of the county for information and verification concerning the establishment and sufficiency of the removal fund or bond as required under § 163.36(A)(8) above.
(1) Said permit is revoked pursuant to the provisions of this chapter; or
(2) Said permit is voluntarily surrendered by the holder thereof, in which event the same shall be deemed to have terminated on the date it is surrendered; or
(3) The large wind energy system for which the permit was issued ceases operation, or is otherwise discontinued, for 180 or more consecutive days, in which event the permit shall be deemed to have automatically terminated at the end of said 180 days.
(F) Transferability of permit. No permit issued hereunder may be assigned or transferred by the holder to any other person, nor may a permit be transferred to any large wind energy system other than the large wind energy system for which it was issued, without the prior recommendation of the Planning Board and approval of the Board of Commissioners.
(G) Alterations and expansions. Any alteration, addition to, expansion, or enlargement of a large wind energy system shall require the application for and issuance of a new site permit hereunder, which permit shall be applicable to the entire large wind energy system as altered, added to, expanded, or enlarged. For purposes of this § 163.36, an alteration, addition to, expansion, or enlargement of a large wind energy system shall be deemed to require a new site permit if it is such as to require the issuance of a building permit, zoning permit, environmental health permit, watershed permit, or other permit or approval from any state or federal agency or authority.
(H) Revocation of permit. The Planning Board may revoke a permit upon meeting all the requirements of § 160D-403(f).
(Am. Ord. passed 7-17-23)