§ 161.09 SAFETY DESIGN AND INSTALLATION STANDARDS.
   (A)   Equipment type.
      (1)   Turbines. All turbines shall be constructed of commercially available equipment.
      (2)   Meteorological towers. All WECS meteorological towers may be guyed.
      (3)   Experimental, or proto-type equipment. Experimental or proto-type equipment still in testing which does not fully comply with industry standards, must be approved by Board of Commissioners.
   (B)   Industry standards and other regulations. All WECS shall conform to applicable industry standards, as well as all local, state and federal regulations. An applicant shall submit certificate(s) of design compliance that wind turbine manufacturers have obtained from Underwriters Laboratories, Det Norske Veritas, Germanishcher Lloyed Wind Energie, or an equivalent third party.
   (C)   Controls and brakes.
      (1)   Braking system. All WECS towers shall be equipped with a redundant (both manual and automatic) braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Stall regulation shall not be considered a sufficient braking system for over speed protection.
      (2)   Operation mode. All mechanical brakes shall be operated in a fail-safe mode.
   (D)   Electrical components.
      (1)   Standards. All electrical components of all WECS shall conform to applicable local, state and national codes, and any relevant national and international standards.
      (2)   Collection cables. All electrical collection cables between each WECS tower shall be located in accordance with the provisions of the County Unified Zoning Ordinance.
   (E)   Transmission lines. All transmission lines that are buried should be at a depth consistent with or greater than local utility and telecommunication underground lines standards or as negotiated with the land owner or the land owner’s designee until the same reach the property line or a substation adjacent to the property line.
   (F)   Color and finish. In addition to all applicable Federal Aviation Administration requirements, the following shall also apply:
      (1)   Wind turbines and towers. All wind turbines and towers that are part of a WECS shall be white, grey, or another neutral color.
      (2)   Blades. All blades shall be white, grey, or another neutral color. Blades may be black in order to facilitate deicing.
      (3)   Finishes. Finishes shall be non-reflective.
      (4)   Exceptions. Exception may be made for all WECS meteorological towers, where concerns exist relative to aerial spray applicators.
   (G)   Warnings.
      (1)   Commercial WECS. The following notices shall be posted for all commercial WECS:
         (a)   A sign or signs shall be posted on the pad-mounted transformer and the substation(s) warning of high voltage.
         (b)   Private roads providing access to commercial WECS shall have posted an Emergency-911 address road sign, which address shall be issued by the Area Plan Commission.
         (c)   Guy wires and anchor points. For all guyed towers, one of the following warning mechanisms shall be used for each anchor point:
            1.   Visible or reflective objects. Visible and reflective objects, such as flags, plastic sleeves, reflectors, or tape placed on the anchor points of guy wires and along the innermost guy wires up to eight feet above the ground.
            2.   Visible fencing. Visible fencing not less than six feet in height installed around anchor points of guy wires.
      (2)   Non-commercial WECS. The following notices shall be clearly visible on all non-commercial WECS and accessory facilities:
         (a)   “No Trespassing” signs shall be attached to any perimeter fence.
         (b)   “Danger” signs shall be posted at the height of five feet on WECS towers and accessory structures.
         (c)   A sign shall be posted on the WECS tower showing an emergency telephone number.
         (d)   The manual electrical and/or overspeed shutdown disconnect switch(es) shall be clearly labeled.
      (3)   Meteorological towers. Consideration shall be given to paint aviation warnings as required by the Federal Aviation Administration on all WECS meteorological towers.
   (H)   Climb prevention. All commercial WECS tower designs shall include features to deter climbing or be protected by anti-climbing devices such as:
      (1)   Fences with locking portals at least six feet in height;
      (2)   Anti-climbing devices 12 feet vertically from the base of the WECS tower; or
      (3)   Locked WECS tower doors.
   (I)   Blade clearance. The minimum distance between the ground and any protruding blades(s) utilized on all commercial or non-commercial WECS towers shall be 30 feet, as measured at the lowest point of the arc of the blades.
   (J)   Lighting.
      (1)   Intensity and frequency. All lighting, including lighting intensity and frequency of strobe, shall comply with requirements established by Federal Aviation Administration permits and regulations and be in conformity with the County Unified Zoning Ordinance.
      (2)   Shielding. Except with respect to lighting required by the Federal Aviation Administration, lighting may require shielding so that no glare extends substantially beyond any WECS tower.
   (K)   Materials handling, storage and disposal.
      (1)   Solid wastes. All solid wastes whether generated from supplies, equipment, parts, packaging, operation or maintenance of the WECS, including old parts and equipment related to the construction, operation and/or maintenance of the WECS shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
      (2)   Hazardous materials. All hazardous materials or waste related to the construction, operation and/or maintenance of any WECS shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.
   (L)   Other applicable standards.
      (1)   Guyed wire anchors. No guyed wire anchors shall be allowed within any required public road right-of-way.
      (2)   Sewer and water. All WECS projects shall comply with the existing septic and well regulations as required by the County Health Department and/or the State of Indiana Department of Public Health.
      (3)   Noise and vibration. 
         (a)   The noise level measured at any time any part of a WECS project is operating, or when all WECS are fully operating, shall not:
            1.   Exceed 50 dBa (LAeq 1-Hour) or exceed 65 dBC (LCeq 1-Hour) when measured at a point within 25 feet of a non-participating landowner’s primary structure and dwelling, if any, on a direct line between the primary structure and dwelling, if any, and the nearest WECS tower.
            2.   Exceed 55 dBa (LAeq 1-Hour) or exceed 75 dBC (LCeq 1-Hour) when measured at the point on a non-participating landowner’s property line which is closest to the nearest WECS tower.
            3.   Exceed 70 dB (Leq 1-Hour) sound pressure level in the 31 Hz octave band or 60 dB (Leq 1-Hour) sound pressure level in the 63 Hz octave band when measured at a point within 25 feet of a non-participating landowner’s primary structure and dwelling, if any, on a direct line between the primary structure and dwelling, if any, and the nearest WECS tower.
            4.   Exceed 75 dB (Leq 1-Hour) sound pressure level in the 31 Hz octave band or 65 dB (Leq 1-Hour) sound pressure level in the 63 Hz octave band when measured at the point on a non-participating landowner’s property line which is closest to the nearest WECS tower.
         (b)   A penalty of 5 dBa and 5 dBC shall be added to the actual sound level measured for each of the conditions listed below if they are created by the operation of the wind turbines:
            1.   If a prominent tone is present. A prominent tone exists if the one-third octave band sound pressure level in the band with the suspected tone exceeds the arithmetic average of the two contiguous bands by 5 decibels (dB) for center frequencies of 500 Hz and above, or by 8 dB for center frequencies between 160 Hz and 400 Hz, or by 15 dB for center frequencies less than or equal to 125 Hz when measured in the direction of the WECS and within 25 feet of a non-participating landowner’s primary structure and dwelling, if any.
            2.   If the difference between the dBA and dBC measurement is greater than 20 dB when the wind turbine is operated so as to result in its highest sound output.
      (4)   Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as prescribed by the applicable regulations of the electrical utility, as amended from time to time.
      (5)   Signage. All signs pertaining to a WECS project must comply with County Unified Zoning Ordinance sign standards, with the following exceptions:
         (a)   Warning signs required by this chapter.
         (b)   Height. No free-standing sign shall exceed eight feet in height.
         (c)   Manufacturer’s or owner’s company name and/or logo. The manufacturer’s or owner’s company name and/or logo may be placed upon the compartment containing the electrical equipment.
         (d)   Development signs. An identification sign relating to the WECS project development may be located on each side of the total WECS project area, provided that there are no more than four signs located on any one WECS project or aggregated WECS project site and no more than one per road frontage.
         (e)   Other signs and logos. No other advertising signs or logos shall be placed or painted on any structure or facility that is part of the WECS project.
      (6)   Collection lines. All communications and electricity collection lines installed as part of any WECS shall be buried underground. Communication and electricity collection lines only refer to lines between wind turbines. Electric lines between the WECS substation and the transmission grid may be above ground lines.
      (7)   Other appurtenances. No appurtenances other than those associated with the WECS construction, operations, maintenance, decommissioning/removal, and permit requirements shall be connected to any WECS tower.
(Ord. 2010-02-CM, passed 4-5-10; Am. Ord. 2010-24-CM, passed 2-21-11)