§ 153.03 REQUIREMENTS.
   (A)   Design safety certification. The safety of the design of all WECS towers shall be certified by a registered professional engineer. The standard for certification shall be good engineering practices and shall conform to all the county’s officially adopted codes.
   (B)   Controls and brakes. All WECS projects shall be equipped with manual and automatic controls and mechanical brakes to limit rotation of blades to a speed below the designed limits of a WECS. The registered professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanied by a registered professional engineer’s or the authorized factory representative’s statement of certification.
   (C)   Electrical components. All electrical compartments, storage facilities, wire conduit, and interconnections with utility companies will conform to local utility standards and national and local electrical codes.
   (D)   Color, towers and blades. Any non-reflective, unobtrusive color that will assist in mitigating the visual impact of the structure is allowable.
   (E)   Lighting. Lighting for the towers shall be constructed only in accordance with the minimum requirements and standards allowed through the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.
   (F)   Compliance with FAA. It shall be the responsibility of the person in charge of the WECS project to complete the proper FAA applications and obtain the proper permits for the WECS project. It shall also be the responsibility of the person in charge of the WECS project to obtain a determination of no significant impact to air navigation from the FAA.
   (G)   Warnings. A visible warning sign of “high voltage” must be placed at the base of all WECS projects. The sign must have at a minimum six-inch letters. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.
   (H)   Climb prevention. All WECS project towers or poles must be unclimbable by design or protected by anti-climbing devices such as:
      (1)   Fences with locking portals at least six feet high;
      (2)   Anti-climbing devices 12 feet from base of pole; or
      (3)   Anchor points for guy wires supporting tower shall be enclosed by a six-foot high fence or shall be located within the confines of a yard that is completely fenced.
   (I)   Compliance with zoning laws. All WECS projects shall be in compliance with all local zoning laws.
   (J)   Setbacks.
      (1)   All WECS towers shall be set back at least 750 feet from any adjoining property’s dwelling unit, and no less than one and one-tenth times the tower height from the applying property owner’s dwelling structure.
      (2)   All WECS towers shall be set back a distance of at least one and one-tenth times the WECS tower height from public roads, third party transmission lines, and communications towers.
      (3)   All WECS towers shall be set back a distance of at least one and one-tenth times the WECS tower height from adjacent property lines. Property lines that are shared with other properties included in the same WECS development may forgo this requirement, provided written acceptance of this waiver is obtained from all affected property owners prior to the public hearing.
      (4)   Any waiver of any setback requirement shall run with the land and be recorded as part of the chain of title in the deed of the subject property.
   (K)   Height. Wind generator machine height must comply with all FAA regulations.
   (L)   Compliance with additional regulations. It shall be the responsibility of the person in charge of the WECS project to contact the FCC and FAA regarding additional permits necessary or any other applicable federal or state regulations for the installation of a WECS project prior to the County Zoning Board of Appeals granting a special use permit.
   (M)   Installation certification. The registered professional engineer shall certify that the construction and installation of the WECS project meets or exceeds the manufacturer’s construction and installation standards.
   (N)   Roads.
      (1)   Any proposed access roads that will be used for construction purposes shall be identified and approved by the Township Road Commissioner and the County Engineer prior to the granting of the special use permit.
      (2)   Any road damage caused by the transport of the facility’s equipment, the installation, or the removal must be completely repaired to the satisfaction of the Township Road Commissioner and the County Engineer. The Township Road Commissioner and County Engineer may choose to require either remediation of road repair upon completion of the project or are authorized to collect fees for oversized load permits. Further, a corporate surety bond in an amount to be fixed by the Township Road Commissioner or the County Engineer may be required by the Township Road Commissioner or the County Engineer to ensure the township or the county that future repairs are completed to their satisfaction.
   (O)   Migratory birds. An avian study shall be conducted by a qualified third-party professional, such as an ornithologist or wildlife biologist, to determine if there is any potential impact the WECS project may present to migratory birds. The study must provide assurances that the WECS project does not negatively impact the path of migratory birds. The results of the study shall be made available at the official public hearing.
(Prior Code, 7 TCC 3-3) (Amendment #25, 2/08) Penalty, see § 10.99