§ 25A05  PROCEDURES.
   (A)   The following information shall be provided to the Zoning Board of Review with an application for a special-use permit to install a wind turbine:
      (1)   Site plan. A plan of the proposed wind turbine site, scaled at one inch equals 20 feet, with contour intervals of no more than two feet, showing the following:
         (a)   Property lines for the site parcel and adjacent parcels within 200 feet.
         (b)   Outline of all existing buildings, including purpose (e.g. residence, garage, etc.) onsite parcel and all adjacent parcels within 200 feet. Include distances from the wind turbine to each building shown.
         (c)   Location of all roads, public and private, on the site parcel and on adjacent parcels within 200 feet, and proposed roads or driveways, either temporary or permanent.
         (d)   Proposed location and design of the wind turbine(s), including ground equipment, appurtenant structures, transmission infrastructure, access, fencing, and exterior lighting.
         (e)   Location of the representations required by division (A)(6) below.
      (2)   Environmental analysis. For a tower-mounted wind turbine proposed to exceed 100 feet in height, an environmental impact analysis report, prepared by a professional environmental consulting firm, shall be submitted with the application package. The report shall, at a minimum, address the following factors:
         (a)   Constraints imposed by environmental and archeological regulations.
         (b)   The presence of animal species of concern, or critical habitat for these species.
         (c)   Presence of plant communities of concern.
         (d)   Presence of critical areas of species congregation, such as maternity roosts, hibernation sites, staging areas, winter ranges, nesting sites, and migration stopovers.
         (e)   The potential impact of habitat fragmentation.
         (f)   Current studies of avian risk specific to the proposed turbine type and its potential impact on known species that are either present,
migrate through the project area, or may be attracted by site alteration.
         (g)   The environmental analysis should include the following recommendations:
            1.   Suitability of the site for wind development in light of its environmental impact.
            2.   Design and operational recommendations to avoid or minimize significant adverse environmental impacts.   
            3.    Recommended mitigation measures if significant adverse habitat impacts cannot be avoided.
            4.    Determination if post construction studies are advised to evaluate animal mortality and develop operational measures for mitigation if necessary.
      (3)   After the special-use permit has been approved by the Zoning Board of Review, a copy of the site plan shall be provided to the Middletown Fire Department. Upon request of the Fire Department, the applicant shall cooperate with local emergency services in developing an emergency response plan.
      (4)   Documentation showing that the safety requirements of § 25A03(C) will be satisfied.
      (5)   Documentation showing that a policy of insurance satisfying the requirement of § 25A03(C)(10) is available to the applicant. Further documentation showing that such insurance has been obtained must be presented to the building official in order to obtain a building permit for the wind turbine.
      (6)   Visual impact illustrations. The purpose of this requirement is to show how the proposed wind turbine will affect the existing viewscape in the area, including the impact of the wind turbine on scenic, natural and historic resources of the town. To satisfy this requirement the applicant shall submit color photo representations of the proposed wind turbine, including three to six sight lines, one from the nearest occupied building with a view of the wind turbine. Such representations shall include actual photos for pre-construction views and accurate post-construction simulations (e.g. superimpositions of the wind turbine onto photographs of existing views). Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the wind turbine. View representations shall include existing and proposed buildings and tree coverage, and shall describe the technical procedures followed in producing the representations (distances, angles, lens, etc.).
      (7)   An impact statement prepared by a qualified individual or firm which identifies the potential adverse impacts of the wind turbine to the community, neighborhood, and the built environment. Measures for mitigating any potential adverse impacts, such as noise, flicker or shadowing, and electronic communications interference shall be identified in the statement.
      (8)   Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
      (9)   An operation and maintenance plan, describing the general procedures for operational maintenance of the wind turbine and for maintenance of access roads and storm water controls, if applicable. The plan shall also describe the provisions for remote monitoring, and the proposed maintenance and inspection schedule.
   (B)   Independent consultants. The Zoning Board of Review be authorized to hire outside consultants, at the applicant’s expense, as necessary to fully evaluate the design and potential impacts of the proposed wind turbine.
   (C)   Required findings on protection of scenic, natural and historic resources. In view of the requirement in the Middletown Comprehensive Community Plan that wind turbines be located so as not to dominate the visual qualities of the land from prominent public vantage points, the Zoning Board of Review, in considering an application for a special-use permit to install a wind turbine, shall make a specific finding as to whether the proposed wind turbine will dominate the view of any scenic, natural or historic resource of the town from any prominent public vantage point, and shall support its finding with reasons based on evidence.
(Ord. passed 2-16-10; Am. Ord. 2010-28, passed 10-18-10; Am. Ord. 2012-14, passed 9-17-12)