(a) Audible sound from a wind energy facility shall not exceed the following limits measured at the property line of the property affected by the noise emission to exceed the applicable fixed noise level proscribed in this section for longer than a sixty minute period, during the time periods shown below:
10:00 P.M. - 7:00 A.M. 85 DECIBELS
ANY TIME 90 DECIBELS
(1) These provisions shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 85 DBA when measured at the property line of the property whereon it is located.
(2) For purposes of this Section, the following definitions will apply:
A. "Decibel (db)" means a unit of measure, on a logarithmic scale to the base ten, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which for the purposes of this code, shall be twenty micronewtons per square meter (mn/m2).
B. "Emergency situation" means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility services or protecting them from imminent danger.
C. "Sound level" means in decibels, a weighted sound pressure level, measured by the use of metering characteristics and frequency weightings specified in ANSI S1.4 - 1971 "Specification for Sound Level Meters".
D. "Sound pressure level" means in decibels, twenty times the logarithm to the base ten of the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which for the purposes of this chapter shall be twenty micronewtons per square meter (20 mn/m2).
(b) (1) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
(2) The Planning Commission may evaluate noise and shadow flicker when deciding on applications for conditional use permits for wind energy facilities. (Ord. 2013-31. Passed 12-16-13.)