Permits shall be applied for and reviewed under the procedures established by this chapter. A complete application shall include a completed application form as provided by the Building Commissioner, which shall include all of the information, documents, plans, deposits and other items required to be submitted with an application under this section and Unified Zoning Ordinance § 6-2-5.
(A) Applications for all wind energy conversion systems construction permits. All applications for WECS construction permits 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 Building Commissioner 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 information on each wind turbine proposed, including:
(a) Number of turbines;
(b) Type;
(c) Name plate 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);
(k) All related accessory structures;
(l) A site plan, drawn at an appropriate scale, showing distances pertaining to all applicable setback requirements and certified by a registered land surveyor; and
(m) A unique identification number which shall be affixed to and shall identify each tower, and the GPS coordinates of the location of each tower.
(6) Engineering certification. For all WECS except micro WECS, a registered professional engineer shall certify, as part of the WECS construction permit application, that the foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions. An engineering analysis of each WECS tower showing compliance with the applicable regulations and certified by a registered 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.
(7) Proof of correspondence and cooperation with wildlife agencies. For all WECS except micro WECS, 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 Indiana Department of Natural Resources, and will comply with the statutes and regulations administered thereby.
(8) Fire prevention and emergency response plan and proof of notice to affected emergency responders. Each application for all WECS except micro WECS, shall include a fire prevention and emergency response plan which describes the potential fire and emergency scenarios that may require a response from fire, emergency medical services, police or other emergency responders. The plan shall designate the specific agencies that would respond to potential fire or other emergencies. The fire prevention and emergency response plan shall be developed in cooperation with each such agency, and shall include:
(a) Proof of delivery of written notice of the filing of such application to each such agency.
(b) A description of all emergency response training and equipment needed to respond to a fire or other emergency.
(c) An assessment of the training and equipment currently available to each such agency.
(d) A description of what additional training and equipment may be needed by each of the designated agencies in order to respond to a potential fire or other emergency.
(e) The means for providing any such special training or emergency response equipment needed to the designated agencies at applicant’s cost.
(9) Zoning compliance. Evidence (i) of final, non-appealable approval of a special exception by the County Board of Zoning Appeals for any commercial WECS and the issuance of an improvement location permit therefor, or (ii) that a non-commercial WECS or micro WECS is permitted as an accessory use under the County Uniform Zoning Ordinance and issuance of an improvement location permit therefor.
(10) Any other item reasonably requested by the Building Commissioner.
(B) Applications for non-commercial wind energy conversion systems construction permits. In addition to the application requirements listed in division (A), applications for non-commercial WECS construction permits shall also include the following information:
(1) Statement of Federal Aviation Administration compliance. A copy of applicant’s Federal Aviation Administration permit application and a statement of compliance with all applicable Federal Aviation Administration rules and regulations, including any necessary approvals for installations within close proximity to an airport.
(2) 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.
(3) 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.
(4) Pre-construction sound measurements. A pre-construction noise study meeting the requirements of division (C)(3), approved by a qualified independent acoustical consultant selected by the Building Commissioner.
(5) Shadow flicker assessment and requirements. A shadow flicker assessment model and plan meeting the requirements of division (C)(14).
(6) Post-construction sound measurement procedures. A protocol for conducting post-construction sound measurements to verify that the WECS project will meet the requirements of § 161.09 which has been approved by a qualified independent acoustical consultant retained by the county.
(C) Applications for commercial wind energy conversion systems. In addition to the application requirements listed in division (A), applications for commercial WECS shall also include the following information:
(1) Site plan. Applications for commercial WECS shall include a site plan with distances drawn to an appropriate scale illustrating the following:
(a) Property lines, including identification of adjoining properties;
(b) The latitude and longitude of each individual WECS tower, along with individual identification of each WECS tower;
(c) Dimensional representation of the structural components of the WECS tower construction including the base and footings;
(d) WECS access roads;
(e) Substations;
(f) Electrical cabling;
(g) Ancillary equipment;
(h) Primary structures within one-quarter mile of all proposed WECS towers;
(g) Distances from each individual WECS tower to each setback requirement;
(i) Location of all public roads which abut, or traverse the proposed site;
(j) The location of all above-ground utility lines within a distance of two times the height of any proposed WECS structure;
(k) The location of any historic or heritage sites as recognized by the Division of Historic Preservation and Archeology of the Indiana Department of Natural Resources, within one mile of a proposed WECS tower;
(l) 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 tower; and
(m) Location of all regulated drains which abut or traverse the proposed site.
(2) Topographic map. A topographical map of the property and the surrounding area, using standards consistent with the most recent County GIS Map, including any other WECS tower within a ten rotor distance, but no less than a one-quarter mile radius from the proposed project site, with contours of not more than two foot intervals.
(3) Pre-construction sound measurements.
(a) The applicant shall submit a pre-construction noise study approved by a qualified independent acoustical consultant, which provides sufficient information for the Building Commissioner to verify after consultation with a qualified independent acoustical consultant retained by the county, that the WECS project will meet the requirements of § 161.09 of this chapter, including without limitation:
1. The make and model of the proposed wind turbine generators (WTG).
2. Electrical output of the proposed wind turbine generators.
3. Octave band sound power levels (Lw) from 63 Hz through 8,000 Hz or one-third octave band sound power levels (Lw) from 50 Hz through 10,000 Hz for the proposed wind turbine generators (WTG).
4. Predicted A-weighted (dBA) and C-weighted (dBC) sound levels within the WECS project properties and adjoining properties during full load operation of the WECS calculated using industry-recognized international modeling standards (i.e., ISO 9613-2, Acoustics B Attenuation of sound during propagation outdoors B Part 2: General method of calculation) and including a description of all meteorological conditions and ground absorption factors. The prediction will use manufacturer’s octave band or one-third octave band sound power levels (Lw) based on industry-recognized measurement standards (i.e., IEC 61400-11, Wind turbine generator systems B Part 11: Acoustic noise measurement techniques). A-weighted (dBA) predicted results will be displayed as a sound level contour map (isopleths) throughout the project area. The results will also be provided in tabular format, showing the predicted A-weighted (dBA) and C-weighted (dBC) broadband levels as well as linear (unweighted) octave band sound pressure levels from 63 Hz to 8 KHz for each turbine location and dwelling within the project area, the closest point on each adjoining non-participating property owner’s property line, and each adjoining nonparticipating landowners primary structure and dwelling, if any.
(b) The Building Commissioner will refer the applicant’s information and sound studies to a qualified independent acoustical consultant for review and a determination, at applicant’s cost, whether the proposed WECS will comply with the sound limits set forth in this chapter.
(4) Location of all known WECS towers within one mile of the proposed WECS tower, including a description of the potential impacts on said WECS tower and wind resources on adjacent properties.
(5) Communications study. The applicant shall complete a communications study prior to construction verifying that the WECS project will not interfere with any public or public serving utility microwave transmissions, and including any actions which may be required to mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WECS project.
(6) Statement of Federal Aviation Administration compliance. A copy of applicant’s Federal Aviation Administration permit application and a statement of compliance with all applicable Federal Aviation Administration rules and regulations, including any necessary approvals for installations within close proximity to an airport.
(7) 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.
(8) Decommissioning plan. A fully executed copy of the decommissioning plan in accordance with § 161.11 of this chapter and approved by the County Commissioners.
(9) Economic development agreement. A fully executed copy of an economic development agreement prepared in conjunction with the County Economic Development Commission and approved by the County Commissioners.
(10) Road use and maintenance agreement. A fully executed road use and maintenance agreement prepared in conjunction with the Executive Director of the County Highway Department and approved by the County Commissioners.
(11) Drainage agreement. A fully executed drainage agreement prepared in conjunction with the County Surveyor and approved by the County Drainage Board. The drainage agreement must prescribe or reference provisions to address crop and field tile damages and include verification of compliance with the County Stormwater Control Ordinance and Indiana Department of Environmental Management Rule 5.
(12) Erosion control plan. A fully executed erosion control plan developed in consultation with the County Surveyor, which shall comply with any storm water quality management regulations plan adopted by the applicable jurisdiction.
(13) Utility plan. A utility plan drawn to the same scale as the site plan illustrating the location of all underground utility lines associated with the total WECS project.
(14) Shadow flicker assessment and requirements. An application for a commercial or non-commercial WECS construction permit shall include a detailed shadow flicker assessment model and plan prepared by a registered professional regularly engaged in this type of work with not less than three years experience, which contains the following information and meets the following requirements:
(a) The study area will examine areas where shadow flicker will occur within a one mile radius of each wind turbine.
(b) The study will include:
1. The location of each turbine.
2. The location of each receptor (dwelling or occupied structure, structure permitted for construction or intersections between any of the following road types: interstate, principal arterial, minor arterial, major collector or minor collector) where the WECS may cause shadow flicker to occur.
3. Existing topography (elevation contours and vegetation).
4. Rotor diameter and hub height.
5. Joint wind speed and direction distribution (wind rose table).
6. Hours of sunshine (long term monthly references).
(c) The study may be prepared by use of current aerial photography, GIS, and topographical maps. A site visit by the preparer is required to identify receptors and verify the existing conditions.
(d) The study shall calculate the locations and durations of shadow flicker caused by the proposed WECS within the study area, and model shall clearly indicate the duration of shadow flicker at each receptor and across the entire study area showing the total number of hours per year anticipated.
(e) Wind turbines shall be sited such that shadow flicker will not fall on a receptor, except that shadow flicker expected to fall on a dwelling or intersection as described in § 161.08(C)(14)(b)(2) be allowed if the flicker will not exceed 40 hours per year, or the number of hours that the owner of such dwelling or intersection as described in § 161.08(C)(14)(b)(2) has agreed to in writing, at any one receptor measured as the sum of those times during which shadow flicker occurs during any calendar year.
(f) Problem zones where shadow flicker will interfere with existing and future receptors shall be identified, and measures to mitigate problems shall be described, including but not limited to siting changes, operational procedures, grading or landscaping.
(15) Post-construction sound measurement procedures. A protocol for conducting post-construction sound measurements to verify that the WECS project will meet the requirements of § 161.09 which has been approved by a qualified independent acoustical consultant retained by the county.
(D) Applications for all WECS meteorological towers. Applications for all WECS meteorological towers shall include the following information:
(1) A copy of the agreement where landowner has authorized the placement of a WECS meteorological tower on their property.
(2) Preliminary site plan. A preliminary site plan with distances drawn to an appropriate scale including the following:
(a) Property lines, including identification of adjoining properties;
(b) The latitude and longitude of each individual WECS meteorological tower;
(c) Dimensional representation of the structural components of the tower construction, including the base and footings;
(d) Prior to implementation of the existing procedures for the resolution of such default(s), the appropriate county body shall first provide written notice to the owner and/or electrical cabling;
(e) Ancillary equipment;
(f) Required setback lines;
(g) Location of all public roads which abut, or traverse the proposed site;
(h) The location of all above-ground utility lines within a distance of two times the height of any proposed tower;
(i) The location of all underground utility lines;
(j) Location of all regulated drains which abut or traverse the proposed site; and
(k) Any other items reasonably requested by the Building Commissioner.
(E) Aggregated WECS project applications. A single application may be filed for a WECS project located on multiple parcels.
(F) Fees.
(1) Commercial WECS, non-commercial WECS, micro WECS, and WECS meteorological towers shall be assessed the fees prescribed in County Code Chapter 151.
(2) Aggregated WECS projects. Aggregated WECS projects will be assessed separate fees prescribed in County Code Chapter 151 for each construction phase within a single project.
(3) Buildings and other structures associated with the construction and operation of WECS shall comply with the Unified Zoning Ordinance, and shall be assessed the building permit and improvement location permit fees prescribed in County Code Chapter 151 and Unified Zoning Ordinance § 4-11-11.
(G) Permits.
(1) Applications for construction of commercial WECS, non-commercial WECS, micro WECS, and WECS meteorological towers, and any accessory buildings shall include:
(a) All application requirements as stated in this section before any WECS construction permit is issued.
(b) A copy of all fully executed agreements or memorandums of agreement, if applicable, signed by participating landowners authorizing the placement of the identified WECS towers on the landowner’s property.
(c) A copy of all fully executed setback or other agreements, if applicable, signed by nonparticipating landowners for adjoining properties.
(2) Aggregated WECS projects. For aggregated projects, a single WECS construction permit and inspection certificate may be issued, which includes all WECS towers and WECS meteorological towers to be constructed in one construction phase within an aggregated WECS project.
(Ord. 2010-02-CM, passed 4-5-10; Am. Ord. 2010-24-CM, passed 2-21-11)