All WES shall comply with all of the following.
(A) Sound pressure level.
(1) Noise from a wind energy system shall not exceed 43 dBA Leq over a ten-minute period measured at the property line located closest to the WES for any adjacent non-participating parcel.
(2) Utility grid systems and wind farms shall be subject to the requirements of this subsection, but the sound pressure level shall be measured at the property line closest to the WES at the outside boundary of all participating parcels.
(3) The applicant shall provide modeling and analysis that will demonstrate that the utility grid system or wind farm will not exceed the maximum permitted sound pressure requirements.
(B) Shadow flicker. The allowable shadow flicker measured at the nearest external wall or walls of inhabited structures shall be limited to a maximum of 20 hours per year. The applicant shall provide evidence to the township that this requirement will be met.
(C) Signal interference.
(1) A WES shall not be installed in any location where its proximity with existing fixed broadcast, retransmission or reception antennas for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.
(2) A WES shall not be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.
(3) The applicant shall provide evidence to the township that these requirements will be met.
(D) Minimization of disruption. The wind energy facility shall be designed to minimize disruption to farmland activity on both participating and non-participating parcels.
(E) Roads. For each wind energy system, the applicant/owner/operator, the township and the county’s Road Commission shall agree upon and document construction routes and public and private road conditions before construction begins. Any damage to a public road within the township resulting from the construction, maintenance or operation of a wind energy system shall be repaired at the applicant/owner/operator’s sole expense as may be required by the county’s Road Commission or the township.
(F) Safety.
(1) Each WES shall be equipped with both a manual and automatic braking device capable of stopping the WES operation in high winds so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.
(2) To prevent unauthorized access, each WES must comply with at least one of the following provisions, and more than one if required by the Planning Commission.
(a) Tower climbing apparatus shall not be located within 12 feet of the ground.
(b) A locked anti-climb device shall be installed and maintained.
(c) A tower capable of being climbed shall be enclosed by a locked, protective fence at least ten feet high with barbed wire fence.
(d) All WES shall have lightning protection.
(e) If a tower is supported by guy wires, the wires shall be clearly visible with colored guards to height of at least ten feet above the guy wire anchors.
(f) The minimum height of the lowest position of the rotor or blade shall be at least 30 feet above the ground.
(G) Signs. Each WES shall have one sign not to exceed four square feet posted at the base of the tower or, if the structure is fenced, on the fence. The sign shall include the following information:
(1) The words “Warning: High Voltage”;
(2) Emergency telephone numbers;
(3) The name, address, telephone number and email address of the operator of the WES; and
(4) A WES shall not include any advertising of any kind, except the nacelle may have lettering that exhibits the manufacturer’s and/or owner’s identification.
(H) Maintenance and annual summary report. Every WES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard. The applicant shall keep a record of all maintenance performed on each WES and any repairs made to and replacement of equipment and parts for each WES. On or about the anniversary date of the approval by the Planning Commission of the special land use permit, the applicant shall provide a summary of this maintenance record to the township’s Zoning Administrator.
(I) Underground. All distribution lines from the WES shall be located and maintained underground, both on the property where the WES will be located and off-site. The Planning Commission may waive the requirement that distribution lines for the WES that are located off-site (such as, are not located on or above the property where the WES will be located) be located and maintained underground if the Planning Commission determines that to install, place or maintain such distribution lines underground would be impractical or unreasonably expensive.
(Ord. passed 7-12-2012, § 4.15; Ord. 19-3, passed 7-11-2019; Ord. 19-5, passed 8-8-2019; Ord. 2020-01, passed - -2020)