The town permits the development of commercial wind energy conversion systems (WECS) where they present few land use conflicts with current and future development patterns.
(A) As a primary use WECS must meet the requirements below.
(1) WECS must conform to all industry standards. The applicant must submit certificates the wind turbine manufacturers have obtained from Underwriters Laboratories or an equivalent third party.
(2) WECS must be:
(a) Installed on a certified tubular free-standing tower, a lattice tower, or a monopole tower. Towers may be guyed or self-supporting;
(b) Filtered, shielded, or otherwise designed and constructed to not cause electromagnetic interference;
(c) Grounded to protect against lightning strikes;
(d) Designed with automatic over speed control to render the system inoperable when winds are blowing at higher speeds than the machine's capability;
(e) Equipped with a redundant breaking system, including both aerodynamic over speed controls and mechanical breaks. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not a sufficient braking system for over speed protection;
(f) Designed with and automatic and manual control that will render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution grid;
(g) Designed to meet the requirements for interconnection and operation as mandated by the utility managing the electrical grid where the WECS is connecting. All structures, substations, feeder lines, facilities, and accessory equipment must comply with the National Electrical Code and operate per the electrical utility's service regulations applicable to WECS.
(3) Outside of a primary structure, the sound pressure levels from a WECS component must not exceed 32 decibels on the "A" weighted scale. This level may only be exceeded during short-term events such as utility outages or severe windstorms.
(4) The WECS owner and operator must make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(5) All lighting, including lighting intensity and frequency of strobe, must adhere to but not exceed the requirements established by the Federal Aviation Administration (FAA) permits and regulations. Except for lighting required by the FAA, lighting must be shielded so that no glare extends beyond the WECS.
(6) At least 20 feet of clearance is required between the ground and the lowest point of the arc of any protruding blades utilized on a WECS. This minimum clearance may be increased to provide additional clearance where oversized vehicles may travel.
(7) The maximum tower height and maximum total height cannot exceed the maximum height permitted by the FAA.
(8) Wind turbines must be setback from property lines and rights-of-way at least 120% of the total height of the structure. A minimum separation of 2,640 feet is required between a wind turbine and any non-applicant primary building. No new structure may be constructed within 800 feet of a wind turbine unless this requirement is waived by the Plan Commission upon a determination that the structure will not affect the WECS performance. Accessory structures associated with the WECS must meet the setbacks for primary structures for the zoning district where they are located.
(9) WECS must be white, light gray, or another non-obtrusive color. Blades may be black to facilitate deicing. Finishes must be matte or non-reflective and meet Federal Aviation Administration color requirements. No advertising or signage is allowed on a WECS.
(10) For all guyed towers, visible and reflective objects (such as plastic sleeves, reflectors, or tape) are required on the guy wire anchor points and along the outer- and innermost guy wires to a height at least eight feet above the finish grade.
(B) WECS are subject to the town's stormwater management, erosion, and sediment control provisions and nonpoint pollution discharge elimination system (NPDES) permit requirements and all applicable local, state, and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended, and the National Electric Code, as amended.
(C) Site plan approval required. A WECS requires site plan approval by the Plan Commission. In addition to the site plan requirements of § 154.180(G), the application must include a description of the project addressing: the number and type of turbines, generating capacity, tower design and height, blade arc diameter, total height, means of connection with the electrical grid, potential equipment manufacturers, and all related accessory structures. The site plan must show the location of all underground utility lines associated with the WECS project. The manufacturer's engineer or another qualified professional engineer must certify that the turbine, foundation, and tower design are within accepted professional standards given local soil and climate conditions. If there is an existing WECS within one mile of the proposed WECS, a description of the potential impacts on the existing WECS and wind resources on adjacent properties is required.
(D) Several WECS projects may be submitted as a single application and reviewed under joint proceedings, including notices, hearings, reviews, and approvals.
(E) Modification. Any physical modification to a WECS that alters the mechanical load, mechanical load path, or major electrical components requires new site plan approval prior to making any physical modifications. Like-kind replacements are considered maintenance and do not require site plan approval.
(F) Decommissioning. A decommissioning plan is required to ensure that facilities are properly removed after their useful life.
(1) Decommissioning of the system occurs if the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances causing the delay in the start of decommissioning.
(2) The decommissioning plan identifies provisions for removing all structures and foundations to a depth of 48 inches, restoring soil and vegetation, and assurances that financial resources will be available to fully decommission the site.
(3) The Plan Commission or Administrator may require the posting of a bond, letter of credit, or other financial surety to ensure proper decommissioning.
(Ord. 2022-17, passed 7-19-2022)