Howard County Checksheet for Large Wind to Energy Facilities (WEF)

Transcription

1 Wind to Energy Facility, Large permitted in AG IA I1 I2 IU Howard County Checksheet for Large Wind to Energy Facilities (WEF) Zoning of Property: Address of Property: Number of Components: General Information: Narrative describing wind to energy facility Overview of the project The approximate generating capacity of the facility The approximate number, types and height (or ranges of heights) of the wind turbines including their generating capacity, dimensions and respective manufacturers and a description of ancillary facilities. Map: Howard County map showing all existing facilities The proposed facility The boundaries of the Large WEF Project area. Copies: Licenses Permits or approvals or applications for the same required by federal, state or local agencies. Kokomo Board of Aviation Commissioners notice of intent to build a Large WEF in Howard County Notices sent to utilities with facilities, wires or cables within 1.1 times the turbine height of the tower(s) or within the Wind Energy Facility Project boundary of the applicant s intent to build the large wind energy facility near the utility s facilities, wires or cables. Photographic presentation depicting current conditions with a superimposed image of the proposed wind turbine to demonstrate anticipated views from all directions (N/S/E/W), at distances no less than ½ mile and no greater than 1 mile. (Applicants with multiple wind turbines may provide one photographic presentation for a typical wind turbine. The drainage plan as approved by the Howard County Drainage Board (See 7.M. Pre- Construction Requirements) The Road Use and Maintenance Agreement approved by the Howard County Board of Commissioners (See 7.M. Pre-Construction Requirements) Documents related to decommissioning, including a schedule for the decommissioning and financing security. Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the Plan Commission to ensure compliance with this Ordinance. Page 1 of 7

2 Site specific Information: (applies to the individual LEF component which the applicant is seeking an improvement location permit) Affidavit or similar evidence of agreement between property owner and facility owner or operator authorizing the facility owner or operator to secure construction and operation permits for the WEF. Complete legal description of the facility component parcel or lease area. Location map identifying properties on which the proposed WEF component will be located, and the properties adjacent to where the WEF will be located. A site plan showing: Location of the WEF component for which a permit is sought Property lines Setback lines Access road and turnout locations Substations Electrical cabling from the facility component to other components including substations Ancillary equipment Buildings Structures including permanent meteorological towers, associated transmission lines and layout of all existing structures within the geographical boundaries of any applicable setback. Design and Installation: To the extent applicable, the WEF shall comply with the Indiana Uniform Building Code, as amended, and the regulations adopted by the State of Indiana. The design of the Wind Energy 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, or other similar certifying organizations. All WEF shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection. All electrical components of the WEF shall conform to relevant and applicable local, state and national codes and relevant and applicable international codes. Visual Appearance: WEF shall be a non-obtrusive color such as white, off-white, gray earth tones or similar nonreflective colors. WEF shall not be artificially lighted, except to the extent required by Federal Aviation Administration or other applicable authority that regulates air safety. WEF shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator. Power Lines: Collection lines between turbines shall be placed underground to the maximum extent practical. Page 2 of 7

3 Warning: A clearly visible warning sign of voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 ft. from the ground. Climb Prevention/Locks: Wind turbines shall not be climbable up to 15 feet above ground surface, with the exception of stairs leading to the access doors All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons. Setbacks: Occupied Buildings or Recorded, Platted Subdivision Lot: WEF shall be set back from the nearest occupied building a distance not less than 500 feet plus 1.1 times the height of the turbine. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building or recorded, platted subdivision lot property line other than a residence on the same lot as the wind turbines. A WEF may be placed up to 1.1 times the turbine height from the occupied building, if a nonencroachment easement or recorded written agreement is secured from the occupied building or lot owner(s) providing the grantor shall hold the grantee harmless to the extent agreed to or allowed by law. Electric Transmission Lines: All WEF shall be set back from electric transmission line a distance of not less than 1.1 times the turbine height. The setback distance shall be measured to the center of the wind turbine base. A WEF may be placed up to the easement line, if a nonencroachment easement or recorded written agreement is secured from the easement holder providing the grantor shall hold the grantee harmless to the extent agreed to or allowed by law. _ Property Lines: All WEF shall be set back from any property line a distance of not less than 1.1 times the turbine height. The setback distance shall be measured to the center of the wind turbine base. a. Aggregate Wind Energy Facility Projects (WEFP): In determining setback requirements for an AWEFP, internal property lines shall be excluded when contiguous properties are planned and developed as part of an Aggregate Wind Energy Facility Project. Any properties not located within the approved mapped boundary of an AWEFP or not a part of an AWEFP shall be subject to setbacks as herein provided. b. Non-Participating Landowners: A wind energy facility may be placed up to the property line, if a non-encroachment easement or recorded written agreement is secured from the adjacent non-participating landowners prohibiting building inhabitable structures within 1.1 times the turbine height and the grantor shall hold the grantee harmless to the extent of the agreed to or allowed by law. Public Roads: All WEF shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the larger of the existing or proposed right-of-way line of the nearest public road to the center of the WEF base. Page 3 of 7

4 Wetlands, Conservation, Riparian Areas: All WEF shall be set back a minimum of 100 feet plus the length of a rotor on the wind turbine or the setback required under applicable State or Federal law, whichever is greater from any: a. Wetlands as set forth on the National Wetland Inventory Map of the U.S. Fish and Wildlife Service; b. Existing conservation easements, and c. Riparian corridors: i. Any perennial stream depicted on the U.S. Geological Survey 7.5 minute series topographical maps, or ii Any regulated county drains; Riparian corridor setbacks shall be from the greater of the top of the bank or from the edge of the Special Flood Hazard Area identified by the Federal Emergency Management Agency Flood Insurance Rate Maps for the area, whichever is determined applicable by the Plan Commission. Municipalities: Large wind turbines shall be at least 1 mile from the boundary of any municipality. Tower Types: Safety: _ Large WEF must utilize tubular type towers with rotors. Lattice type towers are not permitted except for temporary meteorological towers. The rotors (blades) shall have a minimum of 30 feet ground clearance. Installation: The towers shall be installed as per the manufacturer s engineered specifications. The feeder lines between the large WEF and substations shall be buried where possible. Maximum Number of Structures: No maximum number only restricted by minimum setbacks. Illumination: Large WEF shall not be illuminated in any way unless required by FCC or FAA regulations. FCC or FAA regulations shall be demonstrated to the Planning Director prior to installation. Pre-Construction Requirements: A drainage plan prescribing or referencing provisions for addressing crop and field tile damages approved by the Howard County Drainage Board. A road use and maintenance agreement approved by the County Commissioners: Identification of roads and services: The applicant shall identify all state and local public roads to be used within Howard County to transport equipment and parts for construction, operation, or maintenance of the WEF. All routes shall be reviewed by committee consisting of representatives of the Howard County Sheriff s Department, other emergency services serving the affected area, the public school corporations serving the affected area, the United States Postal Service, and any highway department having jurisdiction over any road used. Any route using a public road shall be approved by the highway department having jurisdiction. Page 4 of 7

5 The county engineer or a qualified third party engineer hired by the Howard County Board of Commissioners and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits. The Board of Commissioners may require an applicant to post a reasonable bond for damages which may be caused to county roads and rights-of-way during the construction phase of a wind turbine or WEF. Any road damage caused by the applicant or its contractors shall be promptly repaired at the expense of the applicant. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads. Waiver of Setbacks: The Board of Zoning Appeals may grant variances to setback requirements hereunder where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in questions and provided that such waiver will not be contrary to the public interest. The Board of Zoning Appeals may take into consideration the support or opposition of adjacent property owners in granting variances to setback requirements hereunder. Local Emergency Services: The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid and volunteer fire department(s). Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the Wind Energy Facility. Noise and Shadow Flicker: Audible sound from a WEF shall not exceed 55 dba, as measured at the exterior of any occupied building on a non-participating landowner s property. Methods for measuring and reporting acoustic emissions from wind turbines and the WEF shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 titled Procedures for Measurement and Reporting for Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier. The Board of Zoning Appeals may grant a variance to such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest. The facility owner and operator shall take shadow flicker into consideration during location and construction of the wind system and shall work to minimize any potential shadow flicker on a nonparticipating owner s dwelling. Signal Interference: The applicant shall make reasonable efforts to avoid any disruption of loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the WEF. Liability Insurance: There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least one million per occurrence and one million in the aggregate. Certificates shall be made available to the Plan Commission upon request. Page 5 of 7

6 Decommissioning: The facility owner and operator shall, at its expense, complete decommissioning of the WEF, or individual wind turbines, within twelve (12) months after the end of the useful life of the facility or individual wind turbines. The WEF or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. Decommissioning shall include removal of wind turbines, buildings, overhead cabling, electrical components other than below ground feeder lines, roads, foundations to a depth of 36 inches and any other associated facilities. Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not to be restored. An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ( Decommissioning Costs ) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ( Net Decommissioning Costs ). Said estimates shall be submitted to the Board of Commissioners after the first year of operation and every fifth year thereafter. the facility owner or operator shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs; provided that at no point shall Decommissioning Funds be less than 25% of Decommissioning Costs. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal chartered lending institution chosen by the facility owner or operator posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the State of Indiana and is approved by the Board of Commissioners. Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee, or other form of financial assurance as may be acceptable to the Board of Commissioners. If the facility owner or operator fails to complete decommissioning within the period prescribed by paragraph 16(A), then the landowner shall have six (6) months to complete decommissioning. If neither the facility owner or operator, nor the landowner, complete decommissioning within the periods prescribed in Paragraphs 16(A), then the Howard County Board of Commissioners may take such measures as necessary to complete decommissioning. The escrow agent shall release the Decommissioning Funds when the facility owner or operator has demonstrated and the Howard County Board of Commissioners concurs that decommissioning has been satisfactorily completed, or upon the written approval of said Commissioners in order to implement the decommissioning plan. Public Inquiries and Complaints: The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The facility owner and operator shall make reasonable efforts to respond to the public s inquiries and complaints. Remedies: It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of the ordinance, or any permit issued under the ordinance, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of the ordinance or any permit issued under the ordinance. Page 6 of 7

7 _ If the Plan Commission determines that a violation of the Ordinance or the permit has occurred, the Plan Commission shall provide written notice to any person, firm, or corporation alleged to be in violation of this Ordinance or permit. If the alleged violation does not pose an immediate threat to public health or safety, the Plan Commission and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation. If, after 30 days from the date of the notice of violation, the Plan Commission determines, in its discretion, that the parties have not resolved the alleged violation, the Plan Commission may institute civil enforcement proceedings or any other remedy at law or in equity to ensure compliance. Page 7 of 7