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(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)
(A) Startup. The applicant shall not begin producing energy for commercial sale prior to receiving written approval to start operation by the Zoning Administrator. The applicant shall make the request to the Zoning Administrator in writing. The applicant shall certify the WESF has been constructed in accordance with this chapter.
(B) Electromagnetic interference. Applicant shall not operate the facility so as to cause microwave, television, radio, radar systems or navigation interference. Any complaints received by the county shall be handled in accordance with § 153.27(G)(2).
(C) Modification. Any modification that alters the mechanical load, mechanical load path or major electrical components shall require it to be re-permitted under the terms and conditions of this chapter. Prior to making any physical modification (other than like-kind replacement), the owner or operator of the WESF shall hire an independent licensed professional civil, mechanical or electrical engineer to determine whether the physical modification requires re-permitting. Like-kind replacements shall not require re-permitting.
(D) Damages. Between initial construction and decommissioning, the WESF owner shall, at his, her or their expense, repair or replace, all soil compaction, drainage tile, utilities, public and private property damaged as part of on-going maintenance or other activities related to operation of the WESF.
(Ord. passed 4-23-2009; Res. 2021-03, passed 1-21-2021; Res. 23-9, passed 5-18-2023)
All applicants shall maintain the following insurance coverages commencing upon construction of the facility.
(A) The dollar amounts listed herein are based on 2008 dollars. These sums shall be adjusted by the County Board for inflation in accordance with the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics, to reflect the present value at the time of construction and shall be subject to re-evaluation by the County Board every three years thereafter.
(B) The applicant shall, at its expense, maintain a current broad form comprehensive general liability coverage insurance policy insuring the applicant and participating landowners against loss or liability caused by the applicant’s occupation and use of the property under the lease, in an amount not less than $10,000,000 of combined single-limit liability coverage per occurrence, accident or incident. All policies other than workers’ compensation shall be written on an occurrence and not a claim-made basis. The county and participating landowners shall be named as an additional insured on the policy on a primary and non-contributory form.
(C) Workers’ compensation coverage in an amount required by state law. The applicant shall require subcontractors and others not protected under its insurance to obtain and maintain workers’ compensation and employer’s liability insurance at $1,000,000/$1,000,000/$1,000,000 limits. The policy shall contain “waiver of subrogation” in favor of the county and participating landowners.
(D) Certificates of insurance evidencing compliance with these requirements shall be provided upon request of the county. The insurer will provide notice to the county in the event there is a lapse in coverage exceeding 30 days. All policies other than workers’ compensation shall be written on an occurrence and not on a claim made basis. The WESF owner shall provide certificates of insurance to the Zoning Administrator on an annual basis.
(E) The applicant shall maintain “environmental - pollution liability” coverage with a limit of not less than $5,000,000.
(Ord. passed 4-23-2009; Res. 23-9, passed 5-18-2023)
(A) The application for a WESF project must contain a decommissioning plan to ensure the WESF will be properly decommissioned upon the end of the project life or facility abandonment.
(B) The decommissioning plan shall include:
(1) Removal of all structures (including transmission equipment and fencing) and debris to depths as required by the signed Agricultural Impact Mitigation Agreement;
(2) Restoration of the soil and restoration of vegetation as required by the signed Agricultural Impact Mitigation Agreement;
(3) An estimated cost of decommissioning provided by a mutually agreed upon licensed professional engineer (at the expense of the applicant);
(4) The financial resources to be used to accomplish decommissioning;
(5) The financial agent with which the resources shall be deposited;
(6) An agreement between the applicant and the county that:
(a) The financial resources for decommissioning shall be in the form of a reclamation bond, an irrevocable letter of credit or shall be deposited in an escrow account with an escrow agent acceptable to the Zoning Enforcement Officer. Final approval on the form of the financial resource shall rest solely with the County Board or its designee. The financial resource shall be deposited with the chosen financial agent at the intervals and in the amounts as outlined in the AIMA Agreement.
(b) A written financial agreement will be prepared establishing upon what conditions the funds will be disbursed;
(c) The county shall have access to the financial account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within six months of the end of project life or facility abandonment;
(d) The county is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning; and
(e) The county is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the county’s right to seek reimbursement from the applicant or applicant’s successor for decommissioning costs in excess of the amount deposited in financial account and to file a lien against any real estate owned by the applicant or applicant’s successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce the lien.
(7) Financial provisions shall not be so onerous as to make wind power projects unfeasible.
(Ord. passed 4-23-2009; Am. Res. 2018-04, passed 4-19-2018; Res. 23-9, passed 5-18-2023)