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The base zoning district’s development standards shall apply to all improvements except all structures and improvements associated with a wind farm development. The development standards for any structure or improvement associated with a wind farm development shall comply with the development standards in this wind farm overlay district.

A. Permitted Systems.

1. Wind Turbines. A wind farm may utilize horizontal axis and/or vertical axis utility-grade wind turbine systems.

2. Meteorological Towers. A wind farm may utilize one (1) or more meteorological towers prior to or after construction of utility-grade wind turbine systems.

3. Rated Power Limits. There shall be no limit on rated power for any single wind turbine system in a wind farm, nor for the gross energy production.

B. Prerequisites.

1. Energy Production Purpose. Wind farms shall be installed for the purpose of generating energy for distribution by a utility.

2. Manufacturer Installation Specifications. Any permitted utility-grade wind turbine system shall be installed according to the manufacturer’s specifications unless in conflict with applicable standards in the Jasper County Unified Development Code. When conflicts exist, the following standards shall apply:

a. Manufacturer Specifications Are Stricter. When the manufacturer’s specifications are stricter than this chapter, the manufacturer’s specifications shall be followed.

b. Zoning Standards are Stricter. When this chapter is stricter than the manufacturer’s specifications, this chapter shall prevail, and if that particular utility-grade wind turbine system cannot be adapted to meet the applicable regulations it shall be considered not permitted.

3. Proof of Correspondence with Wildlife Agencies.

a. The applicant must submit written documentation that the applicant is in direct correspondence with the U.S. Fish and Wildlife Services, the Indiana Department of Natural Resources, and any other applicable local, State and/or Federal wildlife agencies to demonstrate that the applicant is working with these agencies to identify required State or Federal regulations that govern the protection of wildlife species.

b. Avian Impact Study and Analysis. The applicant shall submit written documentation that the project is in compliance with all Federal and State wildlife regulations.

4. FAA Permit Application and Indiana Regulation of Tall Structures.

a. The applicant must submit written documentation that the applicant is in direct compliance with all FAA permitting requirements and setback regulations.

b. The applicant must fully comply with the Indiana Regulation of Tall Structures, IC 8-21-10 et seq.

C. Turbine System Limitations.

1. Minimum Ratings. A utility-grade wind turbine system shall be manufactured to meet all applicable industry standards for manufacturing practices, safety, and connecting to the electrical grid.

2. Uniform Building Code. To the extent applicable, a utility-grade wind turbine system shall comply with the Indiana Uniform Building Code, as amended, and the regulations adopted by the State of Indiana.

3. Electrical Components. All electrical components for each utility-grade wind turbine system shall conform to relevant and applicable local, State, and national codes, and relevant and applicable international standards.

4. Minimum Certification. The design of each utility-grade wind turbine system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI) and the Underwriters Laboratories (UL) or equivalent international standard.

5. Experimental Turbines. A wind turbine system that does not meet the minimum ratings, Uniform Building Code, electrical components, or minimum certification standards shall be considered experimental and shall not be permitted.

D. Supporting Structure.

1. Tower Mounted. A horizontal axis utility-grade wind turbine system designed for tower mounting shall be mounted on a monopole. Lattice towers and towers with guy wires shall not be permitted.

2. Ground Mounted. All vertical axis utility-grade wind turbine system designed for ground mounting shall be mounted on the ground.

E. Height Limitations.

1. Tower Mounted. A utility-grade wind turbine shall have a maximum tip height of five hundred seventy-five (575) feet.

2. Ground Mounted. The maximum height of all components of a vertical axis ground mounted utility-grade wind turbine system shall be one hundred fifty (150) feet.

F. Maximum Number of Turbine Systems.

1. Wind Farms. Any number of utility-grade wind turbine systems may be permitted within a wind farm.

2. Ownership of Land. Any number of participating land owner’s property may be used for the wind farm.

3. Ownership of Wind Farm. All utility-grade wind turbine systems used by a wind farm shall be owned by a single entity.

G. Wind Load. A utility-grade wind turbine system shall be engineered to survive a one hundred ten (110) mph wind load or greater.

H. Rotor Diameter. No rotor diameter restrictions shall be applicable to utility-grade wind turbines.

I. Location Restrictions.

1. Setback Measurements. All measurements for setbacks between a structure and a wind turbine system shall be measured between the structure foundation and the center of the wind turbine system. All measurements between a property line and a utility-grade wind turbine system shall be measured from the center of any utility-grade wind turbine structure and the nearest property line of a property as defined.

2. Utility-Grade Wind Turbine System Setbacks.

a. Setback from Property Line.

i. Each utility-grade wind turbine system shall be a minimum of one and one-tenth (1.1) times the tip height of the turbine from any property line of a participating landowner (signed contract with Wind Company).

ii. Each utility-grade wind turbine system shall be located at least one thousand seven hundred sixty (1,760) feet from any nonparticipating property line.

iii. Property Line Setback Flexibility. Utility-grade wind turbine systems within a wind farm may encroach into property line setbacks upon approval of the two (2) property owners.

b. Setback from Public Road, Railroad, or Above-Ground Utility. Each utility-grade wind turbine system shall be a minimum distance of one and one-half (1.5) times the tip height from any public road, railroad, or above-ground utility.

c. Setback from On-Site Buildings. A utility-grade wind turbine system shall be required to be set back one and one-half (1.5) times the tip height of the turbine from any on-site building.

d. Setback from Off-Site Land Uses. A utility-grade wind turbine system shall be required to be set back a minimum of:

i. Two thousand four hundred (2,400) feet from any existing nonparticipating residential dwellings, multiple-family residential dwellings, or place of worship. The owner of said dwelling unit may grant permission, in writing and recorded with the Jasper County Recorder, waiving the setback requirement to their home. However, under no circumstances shall a utility-grade wind turbine system be closer than two (2) times the tip height to a dwelling unit.

ii. Two thousand four hundred (2,400) feet from any existing land currently zoned R1, R2, VR, M1, and M2.

iii. Two thousand four hundred (2,400) feet from any platted residential subdivision with ten (10) or more lots.

iv. One-half (0.5) mile from each end and one-quarter (0.25) mile from each side of all FAA recognized airstrips.

(A) Airstrips must be on property owned by a licensed pilot.

(B) An operable licensed aircraft must be housed on site.

v. Six (6) miles from the center of the paved runway at the Jasper County Airport.

e. Setback from Municipalities. A utility-grade wind turbine system located within the zoning buffer of a city or town shall be permitted by said city or town.

f. No Turbine Zone. To protect the Jasper-Pulaski Fish and Wildlife Area and to protect/provide an Aviation Buffer in respect to the Jasper County Airport and established Department of Defense MOA (Military Operations Area) within the County, a “No Turbine Zone” is established for the area of Jasper County that lies north of County Road 1200S. No wind turbines are permitted in this area.

J. Safety.

1. Ground Clearance. The rotors (i.e., blades) of a horizontal axis utility-grade wind turbine system mounted on a tower shall not extend vertically to within thirty (30) feet of the ground.

2. Anti-Icing Technology. A utility-grade wind turbine system shall utilize best industry accepted standards for protecting against shedding of significant pieces of ice capable of damaging nearby buildings, public roads, railroads or above-ground utilities.

3. Controls and Brakes. A utility-grade wind turbine system in a wind farm shall be equipped with a redundant braking system that includes both aerodynamic over speed controls (e.g., variable pitch, tip, and other similar systems) and mechanical brakes.

4. Local Emergency Services. The wind farm operator shall provide a copy of the as-installed site plan and specification to local emergency services. Upon request from local emergency services, the wind farm operator shall provide training to local emergency services for potential situations and shall prepare an emergency response plan for the wind farm. Any expenses in association with this training and planning shall be borne by the wind farm operator.

K. Nuisance Prevention.

1. Noise. A utility-grade wind turbine system shall not generate more than forty-five (45) dBA modeled at a residence. Noise analysis shall follow the ISO 9613-2 standards.

2. Illumination. A utility-grade wind turbine system shall not be illuminated in any way unless required by Federal Aviation Administration (FAA) regulations to be utilized. Compliance with FAA regulations shall be demonstrated to the Zoning Administrator prior to installation. The use of automated lighting technology to only turn on lights when an airplane is approaching shall be required whenever permissible by FAA regulations.

3. Color. A utility-grade wind turbine system shall be a nonintrusive color such as white, off-white, gray, earth tones, or similar nonreflective colors and shall be maintained to the color.

4. Signage. No utility-grade wind turbine system shall be used to display a commercial message. All other sign standards shall be per applicable sign standards.

5. Signal Interference. The wind farm operator shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television, or similar signals, and shall mitigate any harm caused by the wind turbine system.

6. Shadow Flicker. The flickering effect caused by sunlight combined with the turning of the rotor shall not exceed thirty (30) hours a year at a nonparticipating residence.

L. Appurtenances. A utility-grade wind turbine system shall not have any appurtenances (e.g., exterior lighting, wireless communication antennas, or ornamentation). Weather monitoring devices and safety equipment shall not be considered appurtenances.

M. Public Inquiries and Complaints.

1. Contact Number. The wind farm 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.

2. Response to Injury and Complaints. The wind farm operator shall make reasonable efforts to respond to inquiries and complaints raised by the public.

N. Substation, Meteorological Tower, and Building.

1. Quantity. Any quantity of substations, meteorological towers, or buildings may be permitted if they provide a vital component to the wind farm operations.

2. Setback from Property Line. Any structures associated with a wind farm, excluding a utility-grade wind turbine system, feeder line, or transmission line, shall be a minimum of 100 feet from any property line, railroad, public road, single-family residence, or multiple-family residence. Meteorological towers shall also be subject to the same setback requirements as are applicable to a utility-grade wind turbine system.

3. Maximum Height.

a. Meteorological Tower. A meteorological tower shall comply with all applicable FAA requirements.

b. Buildings. A building associated with a wind farm operation shall not exceed 35 feet in height.

4. Feeder Lines. To the extent practicable, all feeder lines for the entire wind farm (e.g., between wind turbines and substations) shall be placed underground. All underground transmission lines shall be at a depth consistent with or greater than local utility and telecommunication underground lines standards, or as negotiated with the property owner, whichever is greater.

O. Drainage.

1. Drainage Tile. Any private or public drainage tile or any County drain within one and one-half (1.5) times the tip height of any wind turbine location or other construction activities shall be inspected and scoped prior to and after completion of installation, at the expense of the developer and/or turbine owner. Any private or public drainage tile damaged or removed during the construction process shall be repaired or replaced with material approved by the County Surveyor. Any alterations to public tiles or drains must have detailed profile and approval by the County Drainage Board prior to alteration. Any public or private drain affected by the proposed development shall be maintained by said developer and/or turbine owner for the life of the project.

2. Access Roads and Utility-Grade Wind Turbine Systems. Any access road or utility-grade wind turbine system that may change the drainage on a construction site or adjacent property shall have its design reviewed by the County Drainage Board prior to issuance of a building permit. A building permit shall only be issued if the County Drainage Board approves a design for drainage first.

P. Public Improvements and Repairs.

1. Street Capacity. During construction, streets shall remain open at all times except for periods of time less than ten (10) minutes. Expected loss of capacity (i.e., temporary closures) greater than ten (10) minutes shall either require notice to neighboring and affected property owners twenty-four (24) hours prior to the temporary closure, shall require a detour to be established, or shall require personnel to redirect traffic to alternate routes during the temporary closure. Any necessary temporary closures and proposed detours shall be made known to the Highway Department at least twenty-four (24) hours prior to the temporary closure or as otherwise agreed.

2. Route and Transportation Planning. The operator shall submit a transportation plan to the Highway Department that identifies all roads that will be used for delivery, maintenance, or decommissioning. The Highway Department shall have the right to designate a primary route for heavy vehicles or to restrict heavy vehicle traffic on specific roads not able to support such loads. These restrictions may include seasonal restrictions. The designated routes assigned shall be utilized for all heavy traffic to and from each utility-grade wind turbine system.

3. Pre-Construction Survey. The applicant shall submit a preconstruction detailed profile showing the Commissioners and Drainage Board the route of anything being buried in County rights-of-way acceptable to the Highway Superintendent to determine existing road conditions for assessing potential future damage. The survey shall include photographs, video, or a combination thereof, and a written agreement to document the condition of the public facility.

4. Responsibility for Road Repairs after Construction. Any road damage caused by the construction of project equipment, the installation or maintenance of the same or the removal of the same, shall be repaired to the satisfaction of the Jasper County Highway Superintendent and/or Jasper County Commissioners. The Superintendent may require remediation of road repair upon completion of the project and is authorized to collect fees for oversized load permits. Further, a corporate surety bond in an amount to be fixed by a professional engineer may be required by the Superintendent to ensure the County that future repairs are completed to the satisfaction of the unit of local government. The cost of bonding is to be paid by the applicant.

5. Significant Damage during Construction. Any street damaged during construction that poses a risk to motorists, or that makes a street impassable for passenger vehicles, shall immediately have warning signs placed alongside the street, or barriers placed to block traffic. The damage shall then be repaired as soon as practicable. The determination of risk to motorists and/or impassibility shall be made by the County Highway Superintendent.

6. Maintenance of Roads during Construction, Maintenance and Decommissioning. Any gravel or otherwise unimproved roads allowed to be utilized during construction, maintenance, and decommissioning shall be treated with calcium or other equally effective method to reduce dust, upon request by the Highway Department.

7. Surety for Damages. A surety (e.g., bond) shall be posted for the estimated cost to repair and resurface all lineal feet of streets approved for use during construction. Any street damage caused by heavy equipment, heavy trucks, or the construction of the wind farm or the removal of the same, shall be repaired to the condition documented in the pre-construction baseline survey. The cost to repair and resurface all designated streets shall be calculated and certified by a professional engineer.

8. Commitment to Avoid Disruptions. In addition to a surety, the wind farm operator shall sign an affidavit indicating they will strive to avoid:

a. Damage to streets;

b. Unreasonable disruption of vehicular circulation around the development site; and

c. Unreasonable disruption of power or other utility services to surrounding areas.

9. Public Notice. The wind farm operator shall identify all State highways and local streets to be used in the transport of equipment and parts for construction, operation, or maintenance of the wind farm. It shall also prepare a time line and phasing plan for construction, and identify any known street closures. This information shall be released to the local newspapers as notice to persons whom may be affected. This information shall also be conveyed to local law enforcement, emergency services, public school corporations, the United States Postal Service, and the regional office of the Department of Transportation.

10. As-Built Plans Requirement. Upon completion of all development, the exact measurements of the location of utilities and structures erected during the development are necessary for public record and shall therefore be recorded. The applicant, owner, or operator shall submit a copy of the final construction plans (as-built plans), as amended, to the Planning Administrator with the exact measurements thereon shown. The Planning Administrator, after being satisfied that the measurements are substantially the same as indicated on the originally approved final plan(s), shall approve, date and sign said construction plans for the project, which the applicant, owner, or operator shall then record.

11. Change in Ownership. It is the responsibility of the owner or operator listed in the application to inform the advisory plan staff of all changes in ownership and operation during the life of the project, including the sale or transfer of ownership or operation.

Q. Abandoned Systems. Upon determination that one (1) or more utility-grade wind turbine system(s) has been discontinued, inoperable, or abandoned for eighteen (18) months or more, the owner shall provide the Zoning Administrator a timeline and detailed plan for demolition and removal of the utility-grade wind turbine system. The timeline for demolition shall indicate beginning the removal within four (4) months and completing the removal within one (1) year. For every five (5) utility-grade wind turbine systems that have to be removed, the completion date may extend one (1) additional month beyond the one (1) year completion date previously noted.

1. Detailed Plan for Demolition. The detailed plan for demolition shall include the following:

a. A description of how the utility-grade wind turbine system will be demolished, disassembled, or otherwise removed from its location.

b. A description of where the components of the utility-grade wind turbine system and waste material (e.g., scrap metal or concrete) will be taken.

c. A description of a staging area or temporary location for contractors to base their operations. This shall also include any temporary improvements to the site.

d. A description of potential risks to life and property, on site and off site, and methods for mitigating those risks.

e. A description of which streets will be utilized and a detailed description of anticipated load size (i.e., dimension of trucks and components being moved off site) and anticipated gross weight and axle weight of trucks used to remove components, material, and other machinery. This shall also indicate the general timeline for each route to be in use.

f. A description of the hours for decommissioning and removal operations on any given day.

2. Responsibility for Repair after Decommissioning. All damage to roads during decommissioning shall be repaired and resurfaced back to their pre-decommissioning condition if damaged by deconstruction vehicles and heavy trucks.

3. Significant Damage during Decommissioning. Any street damaged during decommissioning and removal that poses a risk to motorists, or that makes a street impassable for passenger vehicles, shall immediately have warning signs placed alongside the street, or barriers placed to block traffic. The damage shall then be repaired as soon as practicable. The determination of risk to motorists and/or impassibility shall be made by the County Highway Superintendent.

4. Surety for Damages Related to Decommissioning. The operator of any utility-grade wind turbine shall secure and provide a performance bond or submit an escrow deposit in an amount determined by a third-party engineering firm per turbine to ensure the proper decommissioning and removal of the turbine, as well as restoration of topsoil prior to installation. The applicant will have the financial assurance mechanism in place prior to operation and will reevaluate the decommissioning cost and financial assurance at the end of years five (5), ten (10) and fifteen (15). Every five years after the start of construction, updated proof of acceptable financial assurance must be submitted to Jasper County for review. Proof of acceptable financial assurance will be required prior to the start of commercial operation. [Ord. 03-06-23A § 1; Ord. 10-4-21C § 1; Ord. 5-6-19B § 1; Ord. 2-4-19B §§ 4 – 22; Ord. 12-4-17A §§ 1 – 7; Ord. 12-27-11 § 3.17.]