(A) Height. There shall be no restriction on the height of any WESF, provided all other requirements of this chapter are met.
(B) Setback. A wind tower of a commercial wind energy facility shall have the following minimum setback distances measured from the center of the base of the wind tower. These setback requirements may be waived subject to the written consent of the owner of each affected nonparticipating property.
(1) Wind towers shall be setback 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structure from occupied community buildings.
(2) Wind towers shall be setback 1.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structure from participating residences.
(3) Wind towers shall be setback 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structure from nonparticipating residences.
(4) There are no wind tower setback requirements regarding the boundary lines of participating property.
(5) Wind towers shall be setback 1.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of the nonparticipating property.
(6) Wind towers shall be setback 1.1 times the maximum blade tip height of the wind tower to the center point of a public road right-of- way.
(7) Wind towers shall be setback 1.1 times the maximum blade tip height of the wind tower to the nearest edge of the property line, easement, or right-of-way to overhead communication and electric transmission and distribution facilities.
(8) There are no wind tower setback requirements regarding overhead utility service lines to individual houses or outbuildings.
(9) Wind towers shall be setback 2.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of a fish and wildlife area or protected land.
(C) Noise. The WESF shall comply with State Pollution Control Board noise 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; Res. 23-9, passed 5-18-2023)