(A) No part of the project shall be constructed in any required setback, dedicated public easement or dedicated public right-of-way without prior written authorization from the County Commissioners.
(B) No WECS tower may be located less than the greater of: (a) 2.5 times the height of the WECS tower including the blade at its highest point; or (b) the manufacturer's recommended setback as determined by a blade throw study performed and certified by a professional engineer to any non-participating landowner property line.
(C) No WECS tower or permanent meteorological towers may be located less than 1.5 times the height of the WECS tower including the blade at its highest point to any residential structure inside or outside the project boundaries.
(D) No WECS tower may be located less than 1.5 times the height of the WECS tower to a dedicated roadway, railroad right-of-way, overhead electrical transmission or distribution lines.
(E) No solar panel may be located less than 100 feet from any non-participating landowner property line or less than 50 feet from a public right-of-way. No solar panel may be located less than 300 feet from the leading edge of a non-participating residence. No solar panel may be located less than 500 feet from the leading edge of any public building, the property line of a public recreational area, or the property line of a public, private or parochial school. Setbacks for solar panels between participating landowners shall conform to the zoning district requirements.
(F) Any WECS project proposed shall not have a boundary closer than one mile to any municipal boundary line.
(G) No solar panel may exceed 25 feet in height at its highest extended rotation.
(H) No Tier 3 WECS tower or Tier 3 SECS solar panel may exceed the height restriction in the underlying zoning district.
(I) Applicant shall give notice to the owner of any private certified landing strip. Setbacks will be determined based upon the agreement of the landing strip owner, applicant, and the Area Plan Commission which shall take into consideration the guidelines provided in a U.S. Department of Transportation FAA Advisory Circular dated February 26, 2014, as may be updated. Proof of notice must be included with the preliminary development plan.
(J) Allowed variances. Variances may only be granted for relief from § 153.131(B), (C), or (E). However, the variance application must include an executed agreement between the applicant and all participating and non-participating landowners affected by the requested variance prior to consideration of the variance request by the Board of Zoning Appeals and if approved, the variance must be recorded on the property records with the Posey County Recorder's Office.
(K) The applicant shall include a landscape plan, as part of its preliminary development plan, visual impact mitigation report, or separately. The landscape plan shall provide for installation of screening to mitigate the project’s impact on the viewshed(s) from any adjacent non-participating residence, public building, public recreational or state/local designated scenic areas or roads, and public, private or parochial school ("viewshed screening"). The viewshed screening shall consist of a mix of non-invasive evergreen and deciduous trees and hedges planted in at least two offset rows at not less than six feet in height at planting and with an expected growth height sufficient to accomplish the viewshed screening purpose. Setback areas required under § 153.126.03 ("setback buffers"), unless continued in a use permitted in the zoning district, shall be planted in native forbes and grasses and may include pollinator gardens as verified by the County Extension Agent. The landscape plan shall provide for the maintenance, including controlling invasive species, of the viewshed screening and setback buffers during the life of the project. The viewshed screening may be located in the setback buffer. Any viewshed screening located in the setback buffer of a public right of way or in a public or utility easement shall conform to safety standards set by the applicable regulatory body.
(Ord. 20-07, passed 3-4-20; Am. Ord. 2021-11, passed 6-2-21)