The following standards shall apply to all large wind energy systems: (Ord. 2012.04, 1-18-2012)
A. Permitted: A large wind energy system may be permitted as described in this title. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)
B. Design Standards: A large wind energy system shall comply with the design standards set forth below:
1. Pole Or Tower Design: The design of the large wind energy system shall be of monopole or freestanding design with no guywired towers. No open lattice style towers are permitted, unless they are entirely clad with a suitable cover, such as an architectural fabric, and engineered to consider the additional forces related to the covering.
2. Minimum Blade Height: The minimum height of the lowest extent of a turbine blade shall be thirty feet (30') above the ground and fifteen feet (15') above any structure or obstacle within the fall zone of the tower.
3. Safety/Access:
a. No tower shall have an exterior climbing apparatus within twelve feet (12') of the ground. All access doors or accessways to towers and electrical equipment shall be locked.
b. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.
4. Setbacks: In determining the required separation of a large wind energy system from the uses listed, all applicable setbacks are to be followed. Where multiple setbacks are applicable, the most restrictive applies.
a. Project Boundary Lines: A commercial wind energy system tower shall be set back from all project boundary lines, existing publicly maintained roads, tanks containing combustible/flammable liquids and aboveground communication or electrical lines, not less than 1.21 times its total extended height.
b. Other Uses: No large wind energy system shall be located within one-half (1/2) mile of a park, church, hospital, school, playground or residentially zoned lot not owned or leased by the wind energy developer. Additional separation may be required to sufficiently mitigate noise and shadow flicker resulting from the commercial wind energy system.
c. Spacing: Large wind energy system towers shall be spaced on center no closer than 1.1 times the total extended height.
Additional setbacks from neighboring residences and residentially zoned lots are set forth in subsections B5 and B7e of this section for noise and shadow flicker. (Ord. 2012.04, 1-18-2012)
5. Noise:
a. Except when a professional noise study is submitted that properly demonstrates that the noise thresholds specified below will not be exceeded with a lesser setback, all large wind energy turbines shall be located a minimum of 1.21 miles from all existing inhabitable structures (residences, places of work, etc.) and residentially zoned lots that are not owned or leased by the wind energy developer. Provided, in situations of mountainous topography where the sound could be reflected/channeled toward a residential area, or when the proposed wind turbines are rated more than 3.0 MW, the land use authority may determine that a noise study is warranted to ensure sufficient setbacks to meet the following noise thresholds. With the exception of such an instance, compliance with the 1.21 miles setback shall be deemed sufficient to be in compliance with the noise restrictions for large wind energy systems and a noise study is not needed. A noise study, when required, shall be peer reviewed by an independent qualified party, with the associated costs borne by the developer. If a reduced setback is authorized, failure to operate within the noise limits specified constitutes a violation of this chapter. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)
b. Thresholds for noise studies. No large wind energy system shall produce sound at any time, as measured at any neighboring residentially zoned lot or one hundred feet (100') from any existing inhabitable building that is not owned or leased by the wind energy developer that exceeds the lesser of:
(1) Thirty five (35) dBA (LAeq);
(2) Five (5) dB above the preexisting (L90), nighttime background noise level of the area (measured in contiguous 10 minute intervals), whether measured as dBA (LAeq) or dBC (LCeq);
(3) Fifty five (55) dBC (LCeq) if measured in a rural environment (outside a tier I, II or III area);
(4) Sixty (60) dBC (LCeq) if measured in a suburban environment (within a tier I, II or III area);
(5) Provided, a five (5) dB penalty shall be applied for amplitude modulation, meaning the maximum sound threshold is five (5) dB less than the amount specified in subsection B5b(1) of this section.
c. All procedures relating to sound measurement are to comply with standard professional practices, such as ANSI 12.9, part 3, and be conducted by qualified acoustical consultants. To avoid errors in the estimates and to properly account for worst case scenarios of sound generation, the calculations must include the five (5) dBA penalty/addition for amplitude modulation (the spike above the average noise level as a blade passes the tower, which is a 5 dBA spike when the blades from 2 or more turbines are synchronized), the addition of three (3) dB for coherent reflection (additional sound reflecting off the ground) and consideration of the additional sound created by turbulent inflow (atmospheric turbulence due to wind shear, etc.).
6. Setback And Noise Waivers: Voluntary waivers or reductions of the setback and noise limits established by subsections B4a, B4b and B5 of this section, may be accepted from those neighboring property owners that otherwise would be within a setback required by one or more of these sections. The agreement must specifically state the city setback and/or noise standards being waived or reduced, the extent of the waiver, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the wind energy developer, effective for the life of the project. Notwithstanding any such voluntary agreement between the landowner and the wind energy developer, the agreement shall only be effective and reflected in the city's authorization of the project when it has been reviewed and determined acceptable to the city. The city shall consider the likely impacts and consequences of the waiver or reduction of the setback and/or noise limit, based on the specific circumstances of the situation, in determining whether to grant the request. Any voluntary waiver or reduction agreement must be submitted with the conditional use permit application and if authorized by the city, must be filed with the city recorder upon issuance of the conditional use permit.
7. Visual Appearance:
a. Large wind energy systems shall be finished and maintained in color and material as manufactured.
b. No large wind energy system shall be lighted unless required by the federal aviation administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing style, rather than the white, strobe style, unless disclosed and justified through the application review process.
c. No advertising signs of any kind or nature shall be permitted on any large wind energy system.
d. Accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the existing environment.
e. Large wind energy systems must be located such that they will not result in any significant amount of shadow flicker on a major public roadway, or on any inhabitable structures or residentially zoned lots not owned or leased by the wind project developer/lessor, unless an easement to do so is obtained from the affected property owner and presented with the application. A shadow flicker analysis is required with the application if there are any inhabitable structures or residentially zoned lots not owned or leased by the wind energy developer, or major public roadways, within 1.21 miles of the turbine.
f. Appropriate landscaping or screening materials may be required to shield screen accessory structures from major roads and adjacent residences. Lighting of accessory structures and substations shall be limited to the minimum necessary and full cutoff lighting (e.g., dark sky compliant) may be required for accessory structures when determined necessary to mitigate visual impacts.
8. Electrical Interconnections: All electrical interconnection and distribution lines within the project boundary shall be underground, unless determined otherwise by the planning commission because of severe environmental constraints (e.g., wetlands, cliffs, hard bedrock), and except for power lines within a substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements. Transmission lines (33.5 kV lines and above) coming to or leaving the project may be overhead.
9. Signal Interference: Efforts shall be made to site large wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the commercial wind energy system owner and the individual receiving interference shall make reasonable efforts to resolve the problem. No commercial wind energy system shall cause permanent and material interference with television, cellular or other communication signals.
10. Fire Protection: All wind energy systems shall have a defensible space for fire protection in accordance with the city building codes. (Ord. 2012.04, 1-18-2012)
C. Permit Applications:
1. An application for a conditional use permit to establish a commercial wind energy system shall include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in subsection B of this section will be met. Supporting documentation for addressing the review criteria of subsection D of this section is also to be provided. The land use authority may require any information reasonably necessary to determine compliance with this section. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)
2. It is preferred that any related conditional use permit applications for substations or transmission lines be considered in conjunction with the conditional use permit application for the large wind energy system; however, if the details of those improvements are not available at the time of application for the large wind energy system, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the large wind energy system.
3. Due to the complexity of large scale large wind energy projects, the city may require a development agreement or other appropriate instrument to address taxing, land use, property assessment and other issues related to the project. For example, the city is interested in preventing large tax shifts that may otherwise be incurred by city residents each year the centrally assessed wind energy project is depreciated; therefore, cooperation to establish an agreement for payment in lieu of taxes (PILT), or other acceptable solutions, may be necessary. A development agreement or substitute agreement may be required as a condition of the permit, and must be approved by the city council prior to commencing construction.
D. Conditional Use Permit: Following the provisions of chapter 20 of this title, additional or more thorough consideration shall be given to the following as the city determines whether the project needs to be approved, denied or conditionally approved:
1. Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.
2. Siting considerations, such as avoiding areas/locations with a high potential for biological conflict, such as wilderness study areas, areas of critical environmental concern, city and state parks, historic trails, special management areas or important wildlife habitat; avoiding visual corridors that are designated by the city after analyzing the applicant's wind energy system proposal and considering public hearing comments; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion or high stormwater runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.
3. Site and development plans, which locate and describe the project boundaries, all existing and proposed structures, setbacks, access routes, proposed road improvements, existing inhabitable structures and residentially zoned lots within 1.21 miles of the project, existing utilities, pipelines, transmission lines, proposed utility lines/structures, existing topography, existing and proposed drainageways, proposed grading, natural vegetation removal, revegetation actions, dust and erosion control, any floodplains or wetlands, and other relevant items identified by city staff or planning commission. All maps and visual representations need to be drawn at an appropriate scale.
4. Analysis of local economic benefits, describing estimated project cost, generated property taxes and local sales taxes, percent of construction dollars to be spent locally, and the number of local construction and permanent jobs.
5. Visual impacts, appearance and scenic viewsheds. Potential visual impacts include, but are not limited to, wind towers, rotors, aboveground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. The applicant must provide a viewshed analysis of the project, including visual simulations of the wind energy systems and any significant planned structures or improvements, such as new roads on a hillside or substations. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal, which shall be from no less than four (4) vantage points that together provide a view from all sides of the project. More visually sensitive proposals may require analysis from significantly more vantage points, such as different distances and sensitive locations. The planning commission may also require a zone of theoretical visibility/zone of visual impact (ZVI) analysis, which is a three hundred sixty degree (360°) computer analysis to map the lands within a defined radius of a location that would likely be able to see an objection this case the proposed wind energy system (or a portion thereof).
6. Wildlife habitat areas and migration patterns, including avian and bat data for the project area. Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist, consultation with U.S. fish and wildlife service will be necessary. A plan for ongoing monitoring after the project is operational for bird, bat or other wildlife impacts may be required.
7. Environmental analysis. The applicant shall meet all state and federal guidelines, laws and regulations.
8. Solid waste or hazardous waste. The application must include plans for the spill prevention, cleanup and disposal of fuels, oils and hazardous wastes, as well as collection methods for solid waste disposal. Verification that all construction waste generated from the project has been removed from the area will be required before a certificate of occupancy may be issued.
9. Height restrictions and FAA hazard review. Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated.
10. Transportation plan, for construction and operation phases. Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods); remember to identify needed bridges, culverts, livestock fence crossings (gates and cattle guards), etc. Also, identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road restoration or maintenance needs associated with the construction, ongoing maintenance/repair and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. The city may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. To provide a proper reference for restoration, the "before" conditions of the roadways and other infrastructure must be documented through appropriate methods, such as videos, photos and written records.
11. Public safety. Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, radar systems, etc., that may be created by the project.
12. Noise limitations. Submit sufficient information regarding noise, so as to demonstrate compliance with subsection B5 of this section.
13. Shadow flicker. Identify the potential of any shadow flicker effects from the project and provide sufficient documentation to demonstrate compliance with subsection B7e of this section.
14. Telecommunications interference. Demonstrate that the potential for adverse electromagnetic fields and communications interference generated by the project has been evaluated and determined unlikely. Conduct a licensed microwave search and worst case fresnel zone (WCFZ) analysis, including consultations with the National Telecommunications Information Administration (NTIA), Interdepartmental Radio Advisory Committee (IRAC) and the national weather service.
15. a. Agreement/easement for life of the project and final reclamation. If the land on which the project is proposed is to be leased, rather than owned, by the wind development company, all property within the project boundary must be included in a recorded easement, lease or consent agreement specifying the applicable uses for the duration of the project.
b. Also, describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of an agreement or other commitment (i.e., bond and/or sinking fund) with affected parties (city, any lessor or property owner, etc.) that ensures proper final reclamation of the wind energy project, as well as repairing any road impacts associated with the work. All required leases, easements, bonds or other agreements between the wind development company and the affected parties must be in place prior to commencing construction, unless specified otherwise by the conditional use permit.
16. Other probable and significant impacts, as identified through the review process. (Ord. 2012.04, 1-18-2012)