The regulations regarding wind energy conversion systems (hereafter referred to as WECS) shall be as follows:
(A) Intent. The intent of regulations for wind energy conversion systems is to encourage the development of alternative sources of energy while protecting the health, safety, and welfare of the public.
(B) Accessory WECS. The applicant shall provide to the Planning Director documentation that the tower structure for the system has received a professional structural engineer’s certification.
(1) Height.
(a) The lowest portion of the blade shall be at least 30 feet above the ground.
(b) WECS are exempt from the maximum height requirements of this chapter.
(2) Setbacks.
(a) The WECS shall be located in the rear yard only and shall be set back one and 1.25 times the total WECS height from the property lines.
(b) Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the Planning Commissions for their approval.
(3) Illumination and security.
(a) Illumination and markings shall be limited to the requirements of the Federal Aviation Administration(FAA). There shall be no lights on the tower other than what is required by the FAA. FAA approved red lights shall be used from dusk until dawn. This restriction shall not apply to infrared heating devices used to protect the monitoring equipment.
(b) Access to the WECS shall be restricted by one or more of the following means:
1. Tower-climbing apparatus located no closer than 12 feet to the ground;
2. A locking anti-climb device installed on the tower; or
3. Enclosure of the tower by a fence at least six feet high with locking portals.
(4) Noise. The noise level of the WECS shall not exceed 50 dB(A) as measured at any property line or the WECS shall not create noise beyond the lot containing the WECS which exceeds 60 dB(A) as measured at the nearest habitable dwelling.
(5) Signs. One sign, not to exceed four square feet, shall be posted at the base of the tower and display suitable warning of danger to unauthorized persons, the system’s manufacturer, and emergency shut-down procedures. No other signage shall be allowed.
(6) Electromagnetic interference. If a WECS is installed in any location along or within the major access of an existing microwave communications link, the person desiring to install the WECS shall be required to provide a letter from the business whose link they are within or adjacent to stating that the business whose link is affected would have no objection to the installation of the WECS.
(7) Air space. A WECS shall be located or installed in compliance with the guidelines of the Federal Aviation Administration Regulations with regard to Airport Approach Zones and clearance around VOR stations.
(8) Interconnect. The WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company.
(C) Commercial WECS. Commercial WECS shall be permitted only on lands zoned A-l Agricultural, C Commercial, I-1 Light Industrial, or I-2 General Industrial.
(1) Equipment design.
(a) Tower. The tower(s) shall be of singular tubular steel construction.
(b) Color. The color of the turbines and equipment buildings shall be unobtrusive and non-reflective with a galvanized or matte finish. Black blades are acceptable for mitigation of icing.
(c) Height.
1. The lowest portion of the blade shall be at least 30 feet above the ground and 30 feet above the highest existing structure within a radius of 250 feet.
2. WECS are exempt from the maximum height requirements of this chapter.
(d) Distribution lines/power poles. All on-site electrical wires associated with the WECS shall be installed underground and maintained in conformance with the National Electric Safety Code or other applicable codes.
(2) Setbacks.
(a) 1. WECS shall be set back two times the total WECS height from any property line.
2. WECS shall be set back 1.25 times the total WECS height from the right-of-way line of any public road.
3. WECS shall be set back 2,640 feet from the closest exterior wall of any habitable structure.
(b) When a proposed WECS does not meet the setback set forth in these regulations, the application shall be accompanied by a signed waiver from each landowner located closer than the setback. No building permit shall be issued until the waiver(s) are filed with the county’s Register of Deeds. This waiver would run with the land.
(3) Illumination and security.
(a) Lighting shall be limited to the minimum requirements of the Federal Aviation Administration (FAA). There shall be no lights on the tower other than what is required by the FAA. The use of automatic obstruction lighting systems is mandatory for a Commercial WECS with FAA lighting. If more than one lighting alternative is reasonably available, the alternative that causes the least visual disturbance must be used.
(b) Each turbine shall be equipped with a braking system and blade pitch control.
(c) All guy wires shall be distinctly marked.
(d) Signs warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower.
(e) Anti-climbing devices shall be installed on each tower.
(4) Noise. The noise level of the WECS shall not exceed 45 dB(A) as measured at any property line and the audible noise due to WECS operation shall not exceed five decibels greater than ambient noise levels as measured at any habitable structure.
(5) Signs.
(a) No advertising signs or logos shall be permitted on the WECS.
(b) One project identification sign, not to exceed 25 square feet, shall be allowed.
(6) Inoperable or unsafe WECS/site reclamation.
(a) Unsafe commercial WECS, inoperable commercial WECS, and commercial WECS for which the permit has expired shall be removed by the owner. All safety hazards created by the installment and operation of the WECS shall be eliminated and the site shall be restored to its natural condition to the extent feasible. A bond or other appropriate form of security may be required to cover the cost of removal and site restoration.
(b) A Commercial WECS shall be deemed inoperable if it has not generated power for 12 consecutive months.
(7) Roads.
(a) Public roads.
1. Prior to commencement of construction, the permittees shall identify all state, county, or township “haul roads” that will be used for the WECS project and shall notify the governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the WECS. Where practical, all-weather roads shall be used to deliver concrete, turbines, towers, assemble nacelles, and all other heavy components to and from the turbine sites.
2. The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the WECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the county’s Planning Department of such arrangements.
(b) Turbine access roads. Construction of turbine access roads shall be minimized. Access roads shall be low profile roads so that farming equipment can cross them and shall be covered with Class 5 gravel or similar material. When access roads are constructed across streams and drainage ways, the access roads shall be designed in a manner so run-off from the upper portions of the watershed can readily flow to the lower portion of the watershed.
(c) Private roads. The permittee shall promptly repair private roads, easements, or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.
(d) Dust control. The permittees shall utilize all reasonable measures and practices of construction to control dust.
(8) Soil erosion and sediment control plan. The permittees shall develop a soil erosion and sediment control plan prior to construction and submit the plan to the county’s Planning Department. The soil erosion and sediment control plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction, and drainage of roads and turbine pads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material, and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.
(9) Decommissioning/restoration/abandonment.
(a) Decommission plan. Within 120 days of completion of construction, the permittees shall submit to the county’s Planning Department a decommissioning plan describing the manner in which the permittees anticipate decommissioning the project in accordance with the requirements of division (C)(9)(b) below. The plan shall include a description of the manner in which the permittees will ensure that it has the financial capability to carry out these restoration requirements when they go into effect. The permittees shall ensure that it carries out its obligation to provide the resources necessary to fulfill these requirements. The county’s Planning Department may at any time request the permittees to file a report with the county’s Planning Department describing how the permittees are fulfilling this obligation.
(b) Site restoration. Upon expiration of this permit, or upon earlier termination of operation of the WECS, the permittees shall have the obligation to dismantle and remove from the site all towers, turbine generators, transformers, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four feet. To the extent possible, the permitttees shall restore and reclaim the site to its pre-project topography and topsoil quality. All access roads shall be removed unless written approval is given by the affected landowner requesting that one or more roads, or portions thereof, be retained. Any agreement for removal to a lesser depth or for no removal shall be recorded with the county’s Planning Department and shall show the locations of all such foundations. All such agreements between permittees and the affected landowner shall be submitted to the county’s Planning Department prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition within 18 months after expiration.
(c) Abandoned turbines. The permittee shall advise the county’s Planning Department of any turbines that are abandoned prior to termination of operation of the WECS. The county’s Planning Department may require the permittees to decommission any abandoned turbine.
(d) Providing surety. The Planning Director shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include establishing an escrow account into which the project developer/owner will deposit funds on a regular basis over the life of the project. The unit of government shall then have access to the escrow account for the explicit purpose of decommission. Financial provisions shall not be so onerous as to make WECS projects unfeasible.
(10) Application contents. Every application for a commercial WECS permit shall include the following information:
(a) Name and address of the applicant;
(b) Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application;
(c) A plot and development plan drawn in sufficient detail to clearly describe the following:
1. Physical dimensions and locations of the property, existing structures, and proposed structures;
2. Location of electrical lines and facilities;
3. Existing topography;
4. Proposed grading and removal of natural vegetation;
5. Wind characteristics and dominant wind direction in the direction from which 50% or more of the energy contained in the wind flows;
6. Setbacks;
7. Ingress and egress identifying the following factors:
a. Location and distance to the nearest publicly maintained road; and
b. A description of the access route from the nearest publicly maintained road to include:
i. Road surface material stating the type and amount of surface cover;
ii. Width and length of access route;
iii. Dust control procedures;
iv. A road maintenance schedule or program;
v. Utilization of the property under the requested permit;
vi. Utility interconnection data and a copy of written notification to the utility of the proposed interconnection;
vii. Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each WECS model, tower, and electrical transmission equipment;
viii. A location map to scale of all dwellings within a mile of the boundary of the property upon which the WECS are to be located;
ix. If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed WECS and accessory structures;
x. An application including any WECS which is located within a 100-year floodplain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a Floodplain Development Permit;
xi. An application including any WECS which is located within two miles of any microwave communications link shall be accompanied by a copy of written notification to the operator of the link;
xii. The types and quantities of wastes, fluids, or pollutants that are proposed to be handled, processed, treated, stored, disposed of, emitted, or discharged at each vessel containing fluid and for the entire project; and
xiii. Project schedule.
8. Such additional information as shall be required by the Planning Director.
(11) Flicker analysis. A flicker analysis shall include the duration and location of flicker potential for all receptors and road ways within a one-mile radius of each turbine within a project. The applicant shall provide a site map identifying the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall account for topography but not for obstacles such as accessory structures and trees. Flicker at any receptor shall not exceed 30 hours per year within the analysis area.
(D) Application review.
(1) Administrative review. An accessory WECS shall require an administrative review. The Planning Director will make a decision to approve or deny within 15 days of submittal or the application is deemed approved. If a third-party technical study is required, a decision to approve or deny an application may be postponed until the study is complete. Any decision to deny a request to place, construct, or modify facilities must be in writing and include specific reasons for the action. The Planning Director’s decision can be appealed by the applicant within five working days to the Planning Commission.
(2) Conditional use permit. A conditional use permit is required for a commercial WECS.
(3) Technical issues and expert review. Wind energy conversion systems may involve complex technical issues that require review and input that is beyond the expertise of county staff. The Planning Director may require the applicant to pay reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the county.
(4) Building permit. Administrative and conditional use permit approval of wind energy conversion systems is separate from the building permit process. Building permits for the construction of facilities can not be issued until the facility is approved through the administrative or conditional use permit process.
(Ord. 0904-05, passed 5-20-2009; Ord. 1611-35, passed 11-22-2016; Ord. 1611-38, passed 11-22-2016; Ord. 1705-02, passed 5-2-2017; Ord. 1704-10, passed 4-4-2017; Ord. 1710-47, passed 10-24-2017)