In addition to the requirements in section 7-2-5 of this chapter, the following shall apply:
A. Permitted Zones: Large (commercial) WTS and wind farms will be permitted in agricultural heavy and outlying zones only, and by special use permit only, upon demonstration to the county building department and county planning and zoning commission of compliance with all of the performance standards.
B. Special Use Permits: All large (commercial) WTS and wind farm projects shall require a special use permit, subject to public hearing by the county planning and zoning commission. Special use permits granted for large (commercial) WTS or wind farms will be valid for two (2) years from the issuance of the permit, with extensions available in two (2) year increments upon a showing of reasonable cause for the extension. The county planning and zoning commission shall receive and approve or deny all applications for an extension.
C. Licenses, Approvals And Certifications: Prior to commencing operations, the owner/operator shall have in its possession all appropriate approvals, licenses, and certifications required by federal and state oversight agencies; and copies of said approvals, licenses and certifications shall be filed with the building official and zoning administrator within thirty (30) days of receiving the same. Construction and operation must comply with all applicable federal aviation administration (FAA) standards. Applicant shall consult with and follow the reasonable recommendations of the United States fish and wildlife service and the Idaho department of fish and game concerning tower siting, location, and any studies to be conducted and followed prior to construction.
D. Setbacks From Property Line: Towers or other structures associated with the large (commercial) WTS or wind farm project shall be set back from the external boundaries of the project property a distance of not less than one and one-half (11/2) times the total overall height of the tallest structure. For purposes of this calculation, overall height shall include total tower height, plus total blade length. Alternatively, if the external boundary in question is not along a public road right of way, then the permittee may obtain an easement from the adjoining landowner, which shall, at minimum, be calculated and designated on an arc with the center point being the tower site and the distance being one and one-half (11/2) times the total height of the tower, plus the blade length and with arc endpoints being located on the boundary line between permittee and the adjoining landowner, such as to allow for a distance of one and one-half (11/2) times the total height of the tower plus blade length to the distant boundary of the easement. A siting permit shall be obtained from the county building department ensuring compliance with this setback requirement.
E. Minimum Ground Clearance: The tip of a blade shall, at its lowest point, have a ground clearance of no less than fifty feet (50').
F. Use Of Public Roadways: Routes of public travel to be used during the construction phase shall be specified in the permitting process. The public travel route will be inspected prior to the commencement of construction by the county highway department and reinspected thirty (30) days after project completion. If any significant damage above normal wear and tear is found by the county highway department at the end of construction, the department shall give written notice of said damage to the owner and operator of the WTS/facility. Any and all repairs must be completed within ninety (90) days of said notice, and paid by the permittee.
G. Commencement Of Construction: Approved project construction must be started within twelve (12) months of approval. If construction has not begun within twelve (12) months, the owner must demonstrate to the building official sufficient reason to apply for an extension. Upon demonstration of sufficient reason, the building official shall grant a one hundred eighty (180) day extension within ten (10) days of receipt of the extension application. The building official will grant, if sufficiently demonstrated, a maximum of two (2) extensions of one hundred eighty (180) days. If a second extension has been granted and construction has not begun by the expiration of the second extension, the permit will be deemed expired and a new permit will need to be purchased and obtained in order for construction to take place.
H. Construction Timeline: Owner/operator shall have twenty four (24) months to complete construction. If construction is not completed within twenty four (24) months, the owner/operator may apply to the building official for a one hundred eighty (180) day extension. Application for an extension must demonstrate sufficient reason for the one hundred eighty (180) day extension. If owner/operator does not apply for the extension or show sufficient reason to the building official to grant such extension, the building official may deem the WTS abandoned.
I. Specifications To Building Department; Permit And Site Plan Procedures: The owner/operator of a wind farm shall provide a digital elevation model based project visibility map showing the impact of topography upon visibility of the project from other locations throughout the region, to a distance of five (5) miles from the center of the project. The scale used shall depict a three (3) mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks. An engineering analysis of the tower(s), showing compliance with the building code and certified by a licensed professional engineer, shall be submitted with the application.
J. Liability Insurance: Prior to issuance of a building permit for a WTS, and continuing after construction until such WTS facility is removed from the site, the applicant shall provide documentation satisfactory to the county and at such reasonable intervals as determined by the county, of the existence of liability insurance coverage with a minimum limit of one million dollars ($1,000,000.00) covering property damage, injury or death resulting from the construction, placement, use, maintenance and operation of a WTS.
K. Decommissioning Bond Required:
1. Applicants are required to hold a performance bond, completion bond, decommissioning bond or other financial assurance with an A rated firm in the amount of five percent (5%) of the WTS's/tower's value.
2. Applicants are required to present, with their application, a detailed decommissioning and reclamation plan, in accordance with state and federal law. The owner/operator of large (commercial) WTS or wind farms is responsible for removing the wind turbines and related facilities when no longer useful. They must remove the turbines and facilities within two (2) years of the end of electricity generation, unless a new plan is proposed to reuse the turbine(s). Reclamation shall be restored to its original state as was before the WTS/wind energy facility site construction.
3. All decommissioning requirements transfer with ownership of the WTS/turbine(s) or ownership of the WTS/wind facility.
L. Transfer Of Ownership: Whenever a change in ownership occurs, whether total, percentage, name or title, the change must be recorded at the county recorder's office and a transfer of ownership form filed with the planning and zoning department. (Ord. 2016-09-13-F, 9-13-2016)