Wind energy system facilities and parts thereof shall meet the following requirements:
(A) Comply with application procedures required by Chapter 155 of this code of ordinances;
(B) Provide properly executed agreements:
(1) "Road upgrade and maintenance agreement" with each highway authority having jurisdiction over potentially impacted highways, roads and streets by the development of the WESF;
(2) All drainage districts potentially impacted by the development of the WESF;
(C) (1) Submit a site plan for the installation of WESFs showing:
(a) Boundaries of the project;
(b) Location of each WECS tower, guy lines and anchor bases (if any);
(c) All WECS structures including, but not limited to, the project substations; interconnect substation; location and voltage of any buried and overhead transmission lines;
(d) Property lines (including identification of adjoining properties and owners);
(e) Setback lines;
(f) Public access roads and turnout locations;
(g) Location of all existing structures with principal residential structures identified; and
(h) Land use, zoning, public roads and structures indicating the required setbacks for the WECS site.
(2) The site plan shall include a legal description and plat of the WESF to be prepared by a licensed surveyor. The plat of survey to be furnished shall be a certified copy in recordable form.
(D) Submit all required federal, state and local regulatory agencies’ studies, reports, certifications and approvals demonstrating compliance with the provisions of this chapter and other county ordinances;
(E) (1) Wind energy system facilities shall comply with all Federal Aviation Administration (FAA) and Federal Communication Commission (FCC) requirements. In addition, the WESF shall be required to use an FAA approved Aircraft Lighting Mitigation System to reduce the impacts of nighttime lighting on county residents and wildlife. The location of WESF components shall be modified or adjusted as necessary for an application to be accepted by FAA.
(2) If approved by the FAA the most effective system approved shall be utilized. In determining which system is more effective, sole discretion shall be vested with the DeWitt County Board, and shall be decided by majority vote. The County Board may grant a grace period in its discretion for the installation of lighting mitigation equipment by majority vote not to exceed a year upon the structure being constructed. No extensions may be granted beyond one year for any reason.
(3) If other multi-level structures excluding structures built and intended for family occupancy are built within 2,000 feet of existing WECS towers, a study shall be conducted as a pre-requisite to the issuing of a permit. Said study must show that there shall be no interference with existing lighting mitigation on currently standing WECS towers. If a study concludes that interference exists, then the builder of the structure must present proof that the interference is rectified prior to the issuance of a permit. Said study shall be conducted by an entity approved by the County Board of DeWitt County by majority vote, and the costs of said study shall be paid by the builder and/or owner of the proposed structure. The above requirements shall be a condition of any permit granted.
(4) The applicant shall prepare a shadow flicker study including the potential effects of each proposed WECS on all principal residential structures. The results will identify the locations and expected duration of shadow flicker over the course of a calendar year. This study shall be submitted as part of the special use permit application. Shadow flicker shall not affect a non-participating residence at any time. Non-participating residence may waive these requirements in writing.
(F) WESFs are permitted only in the A and RD-1 Zoning Districts by special use permit;
(G) (1) A special use permit is required for towers constructed or erected as part of the WESF with a special use application fee of:
(a) Two hundred dollars if two acres or less;
(b) Two hundred and fifty dollars if greater than two acres, but less than ten acres;
(c) Three hundred dollars if ten acres or greater, but less than 26 acres; and
(d) Twenty-six acres and over $100 plus $10 per acre.
(2) A single special use application may be submitted for multiple towers.
(3) This fee calculation shall supersede any other fee calculation for special use permits.
(H) All work on the approved WESF must be completed within three years of the date work begins on the first tower foundation of the permitted phase; and
(I) The Zoning Administrator and other agents, as designated by the County Board, shall have access to the WESF at all times during construction and maintenance to conduct inspections of the work being performed.
(Ord. passed 4-23-2009; Ord. passed 4-20-2017; Res. 2018-08, passed 8-22-2018; Res. 2021-01, passed 1-21-2021; Res. 2021-04, passed 1-21-2021; Res. 2021-06, passed 1-21-2021)
Cross reference: