A. General Provisions: All new wind turbines shall meet the following minimum design standards:
1. Detailed Site Plan: A detailed site plan identifying all property lines, existing buildings, proposed buildings, parking areas, utilities, signs, neighboring properties, proposed transmission lines, any other information that may be required to determine if use is within the intent and requirements of this title shall be submitted.
2. Setbacks: Each wind turbine shall comply with the following minimum requirements:
a. One and one-half (11/2) times its total height (blade tip to ground level) from nearest aboveground public electric power or telephone line, public road, and railroad right-of-way.
b. Three (3) times the total tower height (blade tip to ground level) or less than forty five (45) dbs per manufacturer's listing from the nearest existing residence, school, hospital, church, place of employment or public library, unless mitigation has taken place and agreed by owner/operator and affected property owners involved and recorded in the Bingham County Recorder's Office which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property; but in no case less than one and one- half (11/2) times its total height.
3. Minimum Ground Clearance: The tip of a blade shall, at its lowest point, have a ground clearance of no less than twenty feet (20').
4. Building Permit: A building permit is required and must comply with the currently adopted Building Code.
5. Applicable Standards: The system shall comply with all applicable Federal Aviation Administration (FAA) Standards.
6. Color: Wind turbines shall be painted a nonreflective, nonobtrusive color.
7. Design: The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility to the natural setting and existing environment.
8. Advertising: Shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator. Any such identification shall not appear on the blades or other moving parts or exceed six (6) square feet.
9. Electrical Controls And Power Lines: Electrical controls and control wiring and power lines shall be underground except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
10. Lighting: Shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
11. Time Line: A time line prior to the construction phase of the project shall be submitted to the Planning and Zoning Department identifying the starting and completion date of all construction.
12. Not Climbable: Wind turbines shall not be easily climbable for a minimum of twenty feet (20') above ground level.
13. Access Doors: All access doors to the wind turbine towers and electrical equipment shall be lockable and locked when unattended.
14. Warning Signage: Appropriate warning signage shall be placed on all wind turbine towers, electrical equipment and facility entrances.
B. Hobbyist Wind Turbine:
1. Less than sixty feet (60') in height and a prop diameter of twelve feet (12') or less.
2. Applicant must provide proven documented verification that wind turbine is structurally sound.
3. Limited to two (2) wind turbines per parcel.
4. Approved project construction must be started within twelve (12) months from date of approval.
C. Personal Wind Turbine:
1. Total height is between sixty feet (60') and one hundred fifty feet (150') and the nameplate is less than one hundred kilowatts (100 kW).
2. Applicant must provide proven documented verification that wind turbine is structurally sound.
3. Limited to two (2) wind turbines per parcel.
4. Approved project construction must be started within eighteen (18) months from date of approval.
D. Commercial Wind Turbine:
1. Total Height: Total height exceeds one hundred fifty feet (150') or the nameplate capacity exceeds one hundred kilowatts (100 kW).
2. Site Plan: In addition to the general requirements listed above, the site plan shall also include:
a. 2-D computer rending, to scale, of surrounding area and all proposed turbine(s) including unbuilt but approved turbines; along with a view of all existing residences from the two (2) most populated areas.
b. Include a table of GPS coordinates of all proposed wind turbines and existing residences within one mile.
3. Setbacks:
a. Commercial wind turbines shall have an additional one mile setback from all platted Town sites and/or incorporated cities.
b. Three (3) times the total tower height (blade tip to ground level) to the nearest exterior line of the project unless mitigation has taken place and agreed by owner/operator and affected property owners involved and recorded in the Bingham County Recorder's Office which describes the benefited and burdened properties and which advises all subsequent owners; but in no case less than one and one-half (11/2) times its total height from a residence.
4. Minimum Ground Clearance: The tip of a blade shall, at its lowest point, have a ground clearance of no less than seventy five feet (75').
5. Road Damage: Any road damage must be repaired by the permit holder after notification by the Bingham County Public Works Department within a time period determined by the Bingham County Public Works Department.
6. Reclamation: A detailed decommissioning and reclamation plan in accordance with State and Federal law. The owner/operator of commercial wind energy facility and/or property owner is responsible for removing the wind turbines and related facilities when no longer useful. They must remove the turbines and facilities within three (3) years of the end of electricity generation unless a new plan is proposed to reuse the turbines. Reclamation shall be restored to its original state before wind energy facility site construction.
7. Decommissioning: A decommissioning bond must be provided to the landowner. Decommissioning requirements, transfer with ownership of the turbine or ownership of wind facility and/or property owner.
8. Notification: Evidence of notification with FAA, United States Fish and Wildlife Services, DEQ, and the appropriate Fire Department must be submitted by the applicant to the Planning and Zoning Department prior to the issuance of a building permit.
9. Area Identified By Fish And Wildlife: If an area is identified by Fish and Wildlife Services to house a significant bird population, a monopole tubular type tower shall be used instead of lattice type towers.
10. Phases: If project will be developed in phases, the phase lines must be identified on the detailed site plan. Each phase must be completed within a reasonable time line.
11. Conditional Use Hearing: The commission shall conduct a conditional use hearing as required by the land use chart, following the procedures as identified in section 10-3-6 of this title.
12. Permit Requested: In accordance with Idaho Code section 67-6512, the Planning and Zoning Administrator shall notify property owners where a conditional use permit is requested by reason of height allowance that notice shall be provided individually by mail to property owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred feet (100') and within no less than one mile when the peak height of a structure in an unincorporated area is four hundred feet (400') or more and, when four hundred feet (400') or more, the structure's proposed location and height shall be stated in the notice. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)