A completed application for preliminary development plan approval signed by the applicant shall be filed with the Area Plan Commission. If the applicant is not the owner of the real property on which the project is sited, all property owners of the real property where the project is to be located must be co-applicants. The application shall include the following items submitted in both hard copy and electronic format:
(A) Project summary. An initial project summary including a description of the project stating the approximate total name plate generating capacity and the name plate generating capacity of each wind tower or solar panel, the total acreage included in the project and the GIS coordinates of the general outline of the project area, the potential equipment manufacturers and type of wind or solar energy conversion system to be used, the number of towers or solar panels, the maximum height of the wind towers and maximum diameter of the rotors, or the size and maximum height of solar panels, and description of substations, power inverters, maintenance structures, storage yards, permanent wind or solar resource monitoring structures and equipment, and other buildings that are a direct functional part of the project. If any part of the project will include battery storage, the kinds of batteries to be used, the manufacturer, and the type of installation shall also be included.
(B) Applicant and co-applicant. A description of the applicant, owner and operator and any other responsible party and if applicable each of their intermediate and ultimate parent companies, listing experience in similar projects and gross capitalization. List names, addresses, email addresses, websites and phone numbers of the applicants, owners and operators and all co-applicants.
(C) Maps. A map or maps of the project site and surrounding quarter-mile radius that shows the topography (at two-foot contours), political and natural features of the project site. The map shall include the individual land parcels by state tax parcel number and clearly identify whether the property is participating in the project or not. The map shall also identify the zoning designations, all streets and roadways by classification, municipal and township boundaries, residential structures, public lands, public and private schools (including colleges and universities) existing utilities and transmission lines, public safety facilities, governmental boundaries, public recreational land, and any commercial or public structure such as stores, churches, airports or landing strips. If more than one map is submitted, all maps shall be drawn at the same scale. All maps shall be submitted in hard copy and electronic format as specified by the Executive Director of the Area Plan Commission.
(D) Site plan. The applicant shall submit a site plan at an appropriate scale showing the proposed location of the project facilities; proposed access roads; substations; maintenance structures; storage yards; permanent wind or solar resource measuring or monitoring installations; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the project. Each wind tower, contiguous row of solar panels and/or structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show: primary structures within one quarter mile of any projects-property lines, including identification of non-participating adjoining properties; setback lines; public roads; county regulated drains, open ditches or tiles including private tiles if located in a public right of way; location of all above-ground utility lines; location of all existing underground utility lines associated with the site; recognized historic or heritage sites as noted by the Indiana Department of Natural Resources; floodplains; and any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines, and the location of any other condition or facility regulated by any other agency having jurisdiction of activity on the site. This site plan must also be distributed to emergency management agencies, fire departments serving any part of the project site, the County Sheriff, and the chief executive body of any municipal government whose boundary is within two miles of the project site.
(E) Coordination with applicable entities. The applicant shall submit a summary report identifying the entities the applicant has communicated and coordinated with respect to the project. The report shall list the entity name, the primary contact person at the entity and contact information, the dates of coordination and list of documents submitted to each agency. The report shall also transmit any comments, suggestions, concerns, approvals, or disapprovals with respect to the project issued by the entity and/or communicated to the applicant. The following entities and any other entities identified by Executive Director of the APC as applicable to the applicant shall be contacted:
Type | Authority | Purpose | Type of Documentation | When Required |
Type | Authority | Purpose | Type of Documentation | When Required |
Federal | ||||
W, S | FAA | Coordinate to reduce any flight or airport interference | Compliance letters for each wind turbine or solar project | Preliminary |
W, S | DOD Siting, NOAA | Coordinate siting to mitigate radar interference or any other interference. No wind turbine shall be installed in the “No Build, Mitigation or Consultation” zones as determined by NOAA | Any recommendations or comments received submitted to APC | Preliminary |
W, S | EPA | Compliance with air and water quality standards under NEPA | Any recommendations or comments submitted to APC | Preliminary |
W, S | USFWS Indiana Field office Migratory Bird Treaty Act (MBTA) Eagle Protection Act Endangered Species Act | Compliance with Land- Based Wind Energy Guidelines and any solar guidelines | Any recommendations or comments submitted to APC and part of Natural Resources Report | Preliminary |
W, S | Army Corps of Engineers | Floodplain or wetlands involvement | Designations and comments and permit if required | Preliminary |
State | ||||
W, S | IDNR | Historic Preservation, Flood Plains | Comments | Preliminary |
W, S | IDEM | Endangered Species | Comments | Preliminary |
Local | ||||
W, S | Private airport authorities permitted by FAA and IAA | Coordinate siting process | Any recommendations or comments submitted to APC | Preliminary |
W, S | Posey County Soil & Water Conservation District | Drainage Plan Approval | Drainage Plan | Final |
W | Telecommunications Infrastructure Owners and Operators | All telecommunications owners and operators with infrastructure within two miles of project boundary shall be notified and consulted | Any comments or recommendations received from owners and operators shall be submitted to the APC | Preliminary |
W, S | Local Emergency Response | Life Line access, safety protocols | Safety and Security Plan | Final |
(F) Visual impact evaluation report. The applicant shall submit a visual impact evaluation report evaluating the visual impact of all turbines or solar panels on properties within certain distances of the project. The report shall assess the visual impact on all properties within the visual impact zones identified below. The following shall be included in the visual impact evaluation report:
(1) A map depicting the dimensions of the proposed site, names and addresses of adjoining property owners not participating in the project that clearly identifies the setbacks distance in feet from each of the proposed turbine locations and/or each distal solar panel and adjoining property lines, the site of each of the photographic simulations taken in the view shed area, town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations.
(2) Detailed description of the potential visibility of each proposed turbine or distal solar panel and the methodology used to evaluate visibility within the following view shed areas and maps of the applicable view shed area identifying town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations.
(3) View shed areas defined:
(a) Solar: ½ mile radius from each distal solar panel adjacent to the project boundary.
(b) Wind:
1. Turbine height less than 200 feet - two mile radius from each turbine foundation;
2. Greater than 200 feet to 400 feet - four mile radius from each turbine foundation;
3. Greater than 400 feet to 600 feet - six mile radius from each turbine foundation;
4. Greater than 600 feet - eight mile radius from each turbine foundation.
(4) Photographic simulations of the view shed area in sufficient number to capture the general visibility of turbines and distal solar panels and a map depicting the location for each photographic simulation.
(5) Any mitigation measures proposed to minimize the visual impact of the project.
(G) Noise evaluation report. The applicant shall submit a noise evaluation report for each proposed wind turbine location or each grouping of solar panels and any substation or facility that emits noise in the project. The report shall state the daytime and nighttime base-line noise level at the primary dwelling on an adjoining non-participating parcel, in the event permission for the receptor to be located at the primary dwelling is not granted by the non-participant, then at a point on the property line closest to the primary dwelling; the potential noise level generated by each turbine and when all turbines are operating or the solar panels and inverters and any substation associated with the project; the manufacturer's technical documentation of the proposed turbines or solar generating equipment noise levels. The noise evaluation report shall include the projected maximum levels of infrasonic sound, ultrasonic sound, impulsive noise and prominent discrete tones generated and measured at the primary dwelling on the non-participating parcel (or property line receptor if permission not given as set forth above). The report shall include a map depicting the noise study area radius, project boundaries, sound level monitoring locations and the nearest receptor locations. The noise evaluation report shall include any potential mitigation measures to minimize sound levels.
(H) Shadow flicker evaluation report (WIND). The applicant for a WECS project shall submit a shadow flicker evaluation report for each of the proposed turbine locations that includes an analysis of conditions that may cause shadow flicker, the methodology used to evaluate shadow flicker and the manufacturer's technical documentation relating to shadow flicker. A study area map of the proposed site depicting the shadow flicker analysis area radius, locations of proposed turbines and all off-site (not in the project area) occupied structures and areas of shadow flicker occurrence identified by total annual hours. The shadow flicker evaluation report shall identify the following with respect to each turbine and any off-site occupied structure located within one mile of the project boundary: distance in feet to the closest turbine; shadow length and intensity, shadow flicker frequency, specific times shadow flicker is expected to occur, duration of shadow flicker in total annual hours. The shadow flicker evaluation report shall include any mitigation measures proposed to minimize the impact of shadow flicker.
(I) Telecommunications and wireless signals report. The applicant shall submit a telecommunications and wireless signals report identifying any expected interference with over the air communications and information gathering and provide a verified statement that it will mitigate any such interference. The applicant will coordinate its report with NOAA and any other agencies dependent on wireless communications that may be affected.
(J) Natural resource impact report. The applicant shall submit a natural resources impact report for the proposed project site. The natural resources impact report shall include a detailed description of the potential natural resource impacts as a result of the construction, operation, and maintenance of the WECS or SECS that includes identification and analysis of: (a) topography, geology, vegetation, soil types, water resources including wetlands, avian, terrestrial, and marine wildlife habitats as applicable; (b) compliance with applicable air and water quality standards; (c) compliance with USFWS Land-Based Wind Energy Guidelines as applicable; and (d) compliance with any site specific recommendations made by IDNR or IDEM. The report shall include a study area map with identification of any areas of importance such as bat habitat, flood zones, wetlands and watercourses evaluated in the report. The report shall also include any potential mitigation measures such as open space, erosion control, and habitat replacement to reduce the identified impacts on the project area.
(K) Cost reimbursement. For Tier 1 projects only, an agreement and written undertaking with adequate surety, bond, or other accepted form of adequate financial assurance must be submitted to pay or reimburse the county, the Area Plan Commission, any impacted school corporation, and any other impacted municipal corporation for all expenses incurred by the county, the Area Plan Commission, any impacted school corporation or municipal corporation in evaluating the documents required to be submitted for preliminary and final development plan approval. The costs to be reimbursed shall include expenses and professional fees actually incurred including but not limited to all electrical, structural, mechanical, acoustical and transportation engineers, aviary experts, financial consultants, attorneys and other professionals. Within 45 days of submission of an invoice, the applicant shall pay or reimburse all such expenses. This obligation for payment or reimbursement of professional fees shall continue so long as the WECS-1 or SECS-1 is in existence through the completion of decommissioning and its removal.
(Ord. 20-07, passed 3-4-20; Am. Ord. 2021-11, passed 6-2-21)