General provisions for all classifications of WTS are as follows (unless otherwise specified in their individual classification sections in this chapter):
A. Interference: WTS shall not be installed in any location where its proximity would produce electromagnetic interference with signal transmission, retransmission or reception of the following:
1. Existing microwave communication link(s).
2. Existing fixed broadcast antenna used for radio, television, retransmission, wireless phone, or other personal communication systems.
3. Retransmission or reception antenna, including residential reception antenna.
B. Equipment Use Or Processes: No equipment or processes shall be used in such WTS which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot upon which the proposed WTS is to be sited, except as defined in subsection E of this section. In case of electrical interference, no equipment or process shall be used that creates or causes fluctuations in voltage off the premises.
C. Compliance With National Electrical Code: Building permit applications for WTS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electrical code (NEC). All WTS must comply with the applicable provisions of the NEC.
D. Utility Notification: No WTS shall be installed until evidence in the form of a written statement with signature and date from the utility company has been provided to the building official that the utility company has been informed of the customer's intent to install an interconnected customer owned turbine. All grid tied inverter based wind turbines must be certified to UL-1741 and IEE-1547. Off grid systems shall be exempt from this requirement.
E. Noise: WTS shall be located with relation to property lines so that the level of noise produced during any wind turbine operation shall not exceed sixty five (65) dBA, measured at the boundaries of all adjacent parcels that are owned by adjoining property owners or at any point past the property line of the lot on which the turbine is to be erected. This level may only be exceeded during short term events such as utility outages and/or severe windstorms. All other noise and vibration levels shall be in compliance with all county, state, and federal regulations.
F. Siting: Detailed site plan shall be submitted with application identifying all property lines, existing buildings, proposed buildings, parking areas, utilities, signs, neighboring properties, proposed transmission lines, any other information that may be required to determine if use is within the intent and requirements of this chapter.
G. Setbacks: Each wind turbine less than one hundred twenty five feet (125') and a nameplate less than one hundred kilowatts (100 kW) shall comply with the following setback requirements:
1. Communication And Electrical Lines: Minimum of one hundred twenty percent (120%) of its total height, plus the size of the rotor radius from the nearest aboveground public electric power line, telephone line or utility line of any kind.
2. Property Line: Minimum of one hundred twenty percent (120%) of its total height from the nearest property line, unless mitigation has taken place and agreed by the owner, operator and affected property owners involved. Agreement must be recorded in the recorder's office which describes the benefited and burdened properties, and which advises all subsequent owners of the burdened property. The recorded easement cannot be used to adjust the minimum acreage requirement.
3. Public Roads And Road Rights Of Way: Minimum of one hundred twenty percent (120%) of its total height.
4. Railroad Rights Of Way: Minimum of one hundred twenty percent (120%) of its total height.
5. Clearance: The minimum distance between the ground and any part of the rotor blade system shall be fifteen feet (15').
H. Building Permit: A building permit is required and must comply with the currently adopted building code. Permit applications for WTS shall be accompanied by:
1. Standard drawings of the wind turbine structure, including the tower, base, and footings.
2. Engineered wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed). Certification that demonstrates conformance to design standard IEC 61400-2.
3. Two (2) sets of engineered tower blueprints or drawings.
4. Recorded warranty deed showing ownership of property (or letter of approval/lease agreement from the property owner if different than the applicant).
5. A signed statement by the landowner acknowledging that the landowner is financially responsible if the owner/operator fails to remove and reclaim the site as required, and that any removal and reclamation costs incurred by the county will become a lien on the property and may be collected from the landowner in the same manner as property taxes.
6. Detailed site plans as required in subsection F of this section.
I. Appearance, Color And Finish: The wind turbine system shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless other nonreflective, nonobtrusive colors or finishes (colors that blend with the natural landscape or background) are approved in writing by the administrator.
J. Advertising And Signs: WTS shall not be used for displaying any advertising, except for reasonable identification of the manufacturer, installer or operator. Any such identification shall not appear on the blades or other moving parts or exceed six (6) square feet. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind turbine, tower, building or other structure associated with a WTS visible from any public road shall be prohibited.
K. Lighting: WTS exterior shall not be artificially lit, except to the extent required by the federal aviation administration (FAA) or other applicable authority.
L. Underground Wiring: Electrical controls, control wiring and wiring shall be wireless or underground where practical, unless otherwise approved in writing by the administrator/planning and zoning commission. This applies to the wiring between the wind turbine and the on site collector facility. All wiring shall be approved by a licensed electrician and shall meet current approved electrical codes.
M. Climbable: All wind turbines shall not be climbable on the exterior up to fifteen feet (15') above ground level.
N. Access: All access doors to the wind turbine towers and electrical equipment shall be lockable and secured when unattended. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
O. Signage: Appropriate warning signage shall be placed on all wind turbine towers, electrical equipment and facility entrances warning of high voltage and cautionary instructions to unauthorized persons to stay away from such structures.
P. Emergency Shutdown: Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet (3') of the meter panel. A visible external disconnect shall be installed and located at the site of the system.
Q. Homemade Systems: No experimental, home built, or prototype wind turbines shall be allowed without submitting engineered documentation of their maximum probable blade throw distance (the distance a broken blade would travel if broken during high speed operation) and fall distance in the event of failure.
R. Abandoned, Obsolete Or Unused WTS: A WTS that is out of service, unused or unable to function for a continuous twelve (12) month period will be deemed to have been abandoned. The administrator may issue a notice of abandonment to the owner of the WTS that is deemed to be abandoned. The owner shall have the right to respond to the notice of abandonment within thirty (30) days from the notice date. The administrator shall withdraw the notice of abandonment and notify the owner that the notice of abandonment has been withdrawn if the owner provides information that demonstrates the WTS system has not been abandoned.
S. Removal And Reclamation Of Abandoned, Obsolete Or Unused WTS: When a WTS is deemed to be abandoned and the owner fails to provide information sufficient to demonstrate the WTS is not abandoned, the county administrator shall order the WTS to be removed within a period of six (6) months. If the owner fails to remove the abandoned WTS and reclaim the site as required, the administrator may order the removal by the county, and any removal and reclamation costs incurred by the county will become a lien on the property and may be collected from the landowner in the same manner as property taxes.
T. Braking System: All WTS must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation creating excessive pressure on the tower structure, rotor blades, and turbine components.
U. Wind Access Claims Against Adjacent Parcels: Unless a prior wind access easement has been acquired, claims cannot be filed against neighbors for obstructing wind, based on either current or future improvements on their parcels. (Ord. 2016-09-13-F, 9-13-2016)