Procedural Requirements.
1. Development approval.
A large wind energy facility shall obtain a conditional use permit.
2. Modification to Existing Facility.
Any substantial physical modification to an existing and permitted large wind energy facility that materially alters the size or type of turbines by more or other equipment shall require a conditional use permit amendment. Like-kind replacements, repairs or maintenance made within ninety (90) days of the large wind energy facility part needing replacement shall not require a permit modification. For the purposes of this Section, “substantial physical modification” means an alteration visible by a person of normal vision from a property line or a public road or an alteration having a cost greater than or equal to five percent (5%) of the assessed value of the facility.
Design Safety Certification.
The design of the facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters’ Laboratories, Det Norske Veritas, Germanishcer LloydSE, or other similar certifying organizations.
Use of public roads.
a. The applicant shall identify all state and local public roads to be used within the County to transport equipment and parts for construction, operation or maintenance of the large wind energy facility.
b. The County Department of Public Works or a qualified third party engineer hired by the County and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again thirty (30) days after construction is complete or as weather permits.
c. The County may require that the applicant provide a permanent bond against any damage to the road from the transportation of the large wind turbine to and from the site.
d. Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant’s expense.
e. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
Local emergency services.
1. The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire departments; and
2. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the facility.
Noise.
Audible sound from a large energy facility shall not exceed fifty-five (55) dBA or 5 dBA above ambient whichever is less as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages or severe windstorms. Methods for measuring and reporting acoustic emissions from wind turbines and the large wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1-1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.
Signal interference.
The facility shall not interfere with electromagnetic communications such as radio, telephone or television or emergency communication systems. If it is demonstrated that a facility is causing disruptive interference beyond the site, the applicant shall mitigate any interference with electromagnetic communications, such as, but not limited to, radio, telephone, or television signals, including any public agency radio or microwave systems, caused by the facility.
Liability insurance.
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence. Certificates shall be made available to the County upon request.
Development agreement.
A development agreement can be entered into between the property owner, the County and the facility owner, carrying out all conditions of the development order approving or conditionally approving the large wind energy facility, and all other requirements of this Section and the requirements of other applicable County, state or federal ordinances, regulations or laws.
See
§ 10.16: WIND ENERGY FACILITIES for complete, detailed information.