Permits and variances shall be applied for and reviewed under the procedures established by this chapter, except that the application for a commercial WECS improvement location permit shall also include the following information.
(A) Applications for all WECS. An application for all WECS shall include the following information:
(1) Contact information of project applicant. The name(s), address(es), and phone number(s) of the applicant(s), as well as a description of the applicant’s business structure and overall role in the proposed project;
(2) Contact information of current project owner. The name(s), address(es), and phone number(s) of the owner(s), as well as a description of the owner’s business structure and overall role in the proposed project, and including documentation of land ownership or legal control of the property on which the WECS is proposed to be located. The Advisory Plan Commission and Board of Zoning Appeals shall be informed of any changes in ownership;
(3) Contact information of project operator. The name(s), address(es), and phone number(s) of the operator(s), as well as a description of the operator’s business structure and overall role in the proposed project;
(4) Legal description. The legal description, address, and general location of the project;
(5) Project description. A WECS project description including, to the extent possible, information on each wind turbine proposed, including:
(a) Number of turbines;
(b) Type;
(c) Nameplate generating capacity;
(d) Tower height;
(e) Rotor diameter;
(f) Total height;
(g) Anchor base;
(h) The means of interconnecting with the electrical grid;
(i) The potential equipment manufacturer(s); and
(j) All related accessory structures.
(6) A site layout plan. A site plan, drawn to scale, including distances and certified by a registered land surveyor;
(7) Engineering certification. For all WECS, the manufacturer’s engineer or another qualified registered professional engineer shall certify, as part of the building permit application, that the turbine, foundation, and tower design of the WECS is within accepted professional standards, given local soil and climate conditions. An engineering analysis of the tower showing compliance with the applicable regulations and certified by a licensed professional engineer shall also be submitted. The analysis shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings;
(8) Proof of correspondence and cooperation with wildlife agencies. For the purposes of preventing harm to migratory birds and in compliance with the Migratory Bird Treaty Act, the applicant shall provide written documentation that he or she is in direct correspondence and cooperation with the U.S. Fish and Wildlife Service and the State Department of Natural Resources; and
(9) Economic development agreement. The applicant, owner, and operator shall enter into an economic development agreement with the Board of Commissioners of the county and the County Council to address matters related to economic development and the economic impact of the proposed WECS project, with respect to each county governing entity’s duly respective powers.
(B) Applications for non-commercial WECS. In addition to the application requirements listed in division (A) above, applications for non-commercial WECS shall also include the following information:
(1) Demonstration of energy need. The primary purpose of the production of energy from a non-commercial WECS shall be to serve the energy needs of that tract. The applicant(s) shall demonstrate how much energy is needed and how the proposed size and number of the WECS fulfills this need. Net-metering may be allowed, but shall not be the primary intent of the WECS;
(2) Statement of FAA compliance. A statement of compliance with all applicable FAA rules and regulations, including any necessary approvals for installations within close proximity to an airport;
(3) Utility notification. No non-commercial WECS shall be installed until evidence has been given that the local utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement; and
(4) Compliance with National Electrical Code. 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. This information is frequently supplied by the manufacturer.
(C) Applications for commercial WECS. In addition to the application requirements listed in division (A) above, applications for commercial WECS shall also include the following information:
(1) In place of the site layout plan described in division (A)(6) above, an application for a commercial WECS shall include a preliminary site layout plan with distances drawn to scale illustrating the following:
(a) Property lines, including identification of adjoining properties;
(b) The latitude and longitude of each individual wind turbine, along with individual identification of each WECS;
(c) All drawings shall be at a scale not smaller than one inch equals 50 feet with a scale of one inch equals 30 feet being preferred. Any other scale must be approved by the Executive Director. No individual sheet or drawing shall exceed 24 inches by 36 inches;
(d) Dimensional representation of the structural components of the tower construction including the base and footings;
(e) WECS access roads;
(f) Substations;
(g) Electrical cabling;
(h) Ancillary equipment;
(i) Primary structures within one-fourth mile of all proposed WECS;
(j) Required setback lines;
(k) Location of all public roads which abut or traverse the proposed site;
(l) The location of all above-ground utility lines within a distance of two times the height of any proposed WECS structure;
(m) The location of any historic or heritage sites as recognized by the Division of Historic Preservation and Archeology of the State Department of Natural Resources, within one mile of a proposed WECS;
(n) The location of any wetlands based upon a delineation plan prepared in accordance with the applicable U.S. Army Corps of Engineers requirements and guidelines, within one mile of a proposed WECS; and
(o) Any other item reasonably requested by the Board of Zoning Appeals.
(2) A USGS topographical map, or map with similar data, of the property and the surrounding area, including any other WECS within ten rotor distance, but no less than a one-fourth mile radius from the proposed project site, with contours of not more than five-foot intervals;
(3) The noise profile;
(4) The location of all known WECS within one mile of the proposed WECS, including a description of the potential impacts on said WECS and wind resources on adjacent properties; and
(5) A copy of the communications study.
(D) Aggregated project applications. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearing, and reviews and, as appropriate, approvals; and
(E) Fees.
(1) Commercial WECS, non-commercial WECS, micro-WECS, and meteorological towers: As prescribed by the county’s official schedule of fees.
(2) Aggregated projects: Applications will be assessed fees for each construction phase within a single project, as prescribed by the county’s official fee schedule.
(F) Permits.
(1) Commercial WECS, non-commercial WECS, micro-WECS, and meteorological towers: As prescribed by this chapter.
(2) Aggregated projects: Permits for aggregated projects will be issued by construction phases and recorded separately, as prescribed by this chapter.
(Ord. 2022-02, passed 4-5-2022)