§ 153.27 TECHNICAL REQUIREMENTS.
   (A)   Height. There shall be no restriction on the height of any WESF, provided all other requirements of this chapter are met.
   (B)   Setback.
      (1)   Wind turbine towers shall be set back a distance of 1,000 feet from the nearest property line or 1.3 times the height of the tower, whichever is greater.
      (2)   WECS tower shall be set back a distance of 2,000 feet from any residence, nonparticipating residence, school, hospital, day care, church or commercial building. This setback distance shall be measured from the edge of the foundation closest to the WECS tower to the center of the WECStower. The owner may waive these setback requirements in writing, but in no case shall the WECS tower be set back no less than 1.1 times the tower height of the WECS.
      (3)   Wind turbine towers shall be set back a distance of no less than their total height from the nearest above-ground public electric power line or telephone line, unless waived in writing by the affected property owner and utility company.
   (C)   Noise. The noise design limit for each wind energy system shall not exceed 50 dBA measured as the average dBA at the location of the nearest non-participating residence from the relevant wind energy conversion system. The dBA level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms. The WESF shall comply with State Pollution Control Board regulations at all times.
   (D)   Color. Excerpt as may be required by the FAA, the coloration of the exterior components and each wind turbine tower shall be off-white, light gray or other neutral color, including the blades. The finish shall be flat or matte. The applicant shall maintain the required coloration and finish throughout the term of this permit.
   (E)   Signage.
      (1)   The applicant shall provide reasonable signage at the WESF, identifying the premises as being part of the WESF and providing appropriate safety notices and warnings against trespassing. The no trespassing signs shall be posted around the entire premises at an appropriate distance for posting, but no less than two conspicuous places for every 40 acres within the facility.
      (2)   No advertising material or signage other than warning, equipment information or indicia of ownership shall be allowed on the wind turbines. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including weather devices.
   (F)   Public records. The applicant shall, prior to the initiation of construction and use of public roads for hauling materials and equipment, consult with the County Engineer, the Highway Authority (Township Road Commissioner), the State Police and the County Sheriff’s Office for load paths and restrictions on their respective impacted roads or bridges. The applicant shall obtain, at the applicant’s expense, all necessary permits including the “road maintenance and upgrade agreement” from all applicable highway authorities and from the County Engineer.
   (G)   Reporting and complaint resolution. The applicant shall report to the county as follows.
      (1)   Extraordinary events. Within 24 hours of any extraordinary event, Applicant shall notify the County Sheriff’s Office. EXTRAORDINARY EVENTS shall include tower collapse, catastrophic turbine failure, unauthorized entry to the tower base, thrown blade or hub, or other event that, in the applicant’s opinion, reasonably impacts the public health and safety of the county.
      (2)   Complaints. The applicant of the WESF shall, at the applicant’s expense and in coordination with the county, develop a system for logging and investigating all complaints related to the operational standards set forth in this chapter. If the county determines it is reasonable and necessary, it may undertake an investigation of the alleged operation violation by a qualified individual mutually acceptable to the county and the owner of the wind energy system facility. The reasonable cost and fees incurred by the county in retaining the qualified individual shall be reimbursed by the owner of the wind energy system facility. After the investigation, if the County Board reasonably concludes the operation violations are shown to be caused by the wind energy system facility, the applicant shall use reasonable efforts to mitigate the problems on a case by case basis.
   (H)   Proximity to existing power transmission lines. The WESF shall be sited near existing power transmission lines capable of accepting the power generated by the facility. The applicant shall provide the following:
      (1)   A report detailing the excess capacity available in the power transmission lines the WESF will use to connect to the power grid; and
      (2)   A map exhibit showing the location of the existing power transmissions lines relative to the proposed WESF site, the proposed route of connection to the existing power transmission lines and all affected landowners.
(Ord. passed 4-23-2009; Ord. passed 4-20-2017; Res. 2018-03A, passed 4-19-2018; Res. 2021-02, passed 1-21-2021)