Jasper County Unincorporated
City Zoning Code

20.30 Overlay

Districts

20.30.010 ACO district intent, effect on uses, and effect on standards.

A. District Intent. The airport compatibility overlay (ACO) district is intended to:

(1) Minimize land uses located in close proximity to an airport that may adversely impact the airport’s operations; (2) discourage land uses located in close proximity to an airport that may be adversely impacted by the airport’s operations; (3) minimize wildlife incursions on airport property or airspace; (4) disallow tall structures that impede aircraft operations; (5) disallow lighting and other development features that could interfere with aircraft operations; (6) encourage land uses that add value to and complement the airport; and (7) reduce risk to life and property from aircraft crashes.

By assuring all development at the airport and development around the airport are compatible, three benefits are gained. They are (1) maximize the opportunity for Federal and State funding (typically 80% and 10% of all costs, respectively) for airport expansions, acquisitions, and improvements; (2) maximize the FAA’s support for airport expansion and increases in operations; and (3) minimize complaints and remonstration against airport expansion and increases in operations. See the next paragraph for further clarification on the importance of this overlay district.

All airports that receive Federal grants are obligated by contract to follow FAA advisory circulars; essentially they become “mandatory circulars.” Failure to follow the advisory circulars may result in forfeiture of current funding and/or loss of standing to apply for future funding.

The regulations and restrictions for the ACO district are based on FAA advisory circulars, NTSB crash statistics, FAA Land Use Planning Guides, State of Indiana Tall Structures Act, the 2004 Land Use Report from the National Association of State Aviation Officials, University of Berkeley Transportation Institute’s study on the location of general aviation aircraft accidents in relationship to runways, and the Aircraft Owner’s and Pilot’s Association’s Guide to Airport Noise and Compatibility of Land Use.

B. Effect on Uses. All permitted uses in the base zoning district are permitted in the ACO district except as restricted in JCC 20.30.040, ACO district restriction of permitted and special exception land uses. All special exception uses permitted in the base zoning district are allowed as such in the ACO district except as restricted in JCC 20.30.040, ACO district restriction of permitted and special exception land uses.

C. Effect on Standards. The development standards from the base zoning district shall apply to the ACO district in addition to the development standards described in JCC 20.30.050, ACO district development standards. [Ord. 12-27-11 § 3.01.]

20.30.020 ACO district applicability.

The following requirements apply to all land within the ACO district as defined in JCC 20.30.030, ACO district boundary. Under no circumstances shall a planned development or rezoning of property change the applicability of the ACO district’s land use restrictions and additional development standards. [Ord. 12-27-11 § 3.02.]

20.30.030 ACO district boundary.

The boundaries for the ACO district shall include any land fully or partially within five (5) nautical miles (30,380 feet) of the airport property and may be shown on the official zoning map as a hatched or textured pattern, and noted in the map legend as the airport compatibility overlay (ACO) district. [Ord. 12-27-11 § 3.03.]

20.30.040 ACO district restriction of permitted and special exception land uses.

A. Effect on Base Zoning. All uses allowed as a permitted use or special exception use in the base zoning district shall remain permitted except as described in subsections (B), (C), and (D) of this section, ACO district restriction of permitted and special exception land uses.

1. Prohibited Land Uses and Site Features. When the airport facility is fully or partially located within five (5) statute miles of the subject property, the following land uses and site features shall not be allowed as a permitted use or special exception use:

•Grain elevator with leg over 120 feet

•Grain storage, outdoor or open (unless covered and secured)

•Recycling processing, outdoor or open

•Sanitary landfill/refuse dump

•Putrescible waste processing or disposal facility

•Transfer station, outdoor or open grain, fruit, or vegetables

•Transfer station, outdoor or open recycling, or putrescible waste

2. Discouraged Land Uses and Site Features. When the airport’s facility is fully or partially located within five (5) statute miles from the boundary of the subject property, the following land uses and site features shall not be allowed as a permitted use. However, they may be granted as a special exception when the base zoning district permits the land use as a permitted use or special exception use; or if the base zoning district permits the site feature:

•Golf course

•Constructed wetland

•Recreation pond

•Retention pond (wet retention)

•Wastewater treatment facility

1. Prohibited Land Uses and Site Features. When the airport facility is fully or partially located within 10,000 feet of the subject property, the following land uses and site features shall not be allowed as a permitted use or special exception:

•All prohibited land uses and site features listed in subsection (B)(1) of this section, Prohibited Land Uses and Site Features

•Constructed wetland

•Golf course

•Recreation pond

•Retention pond (wet retention)

•Wastewater treatment facility

D. Discretion of the Zoning Administrator. The Zoning Administrator may restrict any additional land use or site feature not listed if it is either a:

1. Noise Sensitive Land Use. A noise sensitive land use that would now or in the future likely be negatively impacted by airport and aircraft operations;

2. Life Safety Risk. A land use where a large number of people gather for events or a large number of people work in a small area which, if an airplane crashed, could injure or kill numerous people; or

3. A Wildlife Attractant. A land use that encourages migratory, raptor, vulture, or other large birds to land, eat, or reside on the subject property, or that attracts wild animals to or toward the airport’s vicinity. [Ord. 12-27-11 § 3.04.]

20.30.050 ACO district development standards.

The following development standards are required in order to promote the intent of the ACO district and meet the goals and objectives of Jasper County.

A. Effect on Development Standards of the Base Zoning. All development standards in the base zoning district shall survive except as described in subsections (B), (C), and (D) of this section, ACO district development standards.

1. Indiana Department of Transportation. New structures and additions or alterations to existing structures are subject to review by the Indiana Department of Transportation when within five (5) nautical miles of the airport facility. All developments in this area shall review IC 8-21-10 for determination of applicability and notification standards.

2. Plan Commission. Any Unified Development Code amendment or rezoning which results in an allowance for tall structures or noise sensitive land uses within five (5) nautical miles of the airport, or that allows structures greater than 500 feet above ground level shall comply with IC 8-21-10 and 36-7-4-604(i).

3. Board of Zoning Appeals. Any request for a variance that may result in a structure’s height exceeding the thresholds outlined in IC 8-21-10 shall comply with IC 36-7-4-918.5.

C. Within 10,000 Feet of the Airport. When the airport facility is fully or partially located within 10,000 feet from the boundary of the subject property, the following development standards apply:

1. Waiver to Not Remonstrate. All land uses, regardless of whether they are currently considered noise sensitive or not, shall be required to sign a waiver indicating that neither they, nor their heirs, assigns, or successors, shall have the right to remonstrate against the airport’s operations or any future airport expansions; that they understand that the airport facility is expected to expand; and that they understand that the frequency of aircraft, hours of aircraft operation, and types of aircraft will likely expand. The waiver shall be signed and placed in the Zoning Administrator’s files prior to granting an initial improvement location permit. The waiver shall also be recorded at the Jasper County Recorder’s Office within seven (7) days of the improvement location permit’s issuance or else the improvement location permit shall be void.

2. Storm Water Management. Management of on-site storm water shall be achieved by drainage swales, under drains, detention ponds (i.e., dry ponds), and/or piping the water to a retention pond facility outside of the 10,000-foot buffer around the airport. Detention ponds and swales shall have under-drains to help dissipate water, and shall be designed to fully drain within forty-eight (48) hours of a one percent (1%) chance storm event.

1. Maximum Lot Coverage. Twenty-five percent (25%) for single-family residential, thirty-vie percent (35%) for multiple-family and manufactured home park, fifty percent (50%) for commercial and institutional, and sixty-five percent (65%) for industrial zoning districts.

a. Minimize Attractiveness. Landscaping within the ACO district shall be designed and maintained to minimize its attractiveness to wildlife.

b. Turf Grass. At least eighty percent (80%) of all land not covered by a building, structure, wetland, creek, natural lake, or woodlot shall be maintained with turf grass.

3. Lighting Standards. Adjustments to lighting standards are as follows:

a. Fixture Limitations. No parking lot lighting, street lighting, exterior building lighting, or landscape lighting shall be allowed to project upward or horizontally. All lighting mounted on a pole, structure, or building shall be a full cutoff fixture.

b. Movement Limitations. No lighting shall spin, oscillate, or blink within the ACO district, except the airport’s fixtures and equipment installed on or off the airport property.

4. Location Standards. No building or tower shall be located within 1,000 feet of a runway unless it is used as a part of the airport facility or aviation operation.

5. Airport Noise. The noise restrictions in Chapter 20.50 JCC, Development Standards, shall not apply to the airport, airport facility, or aircraft operations.

6. Noise Mitigation. Any permitted primary structures used for office, institutional, residential, or medical purposes are encouraged to be constructed to a Sound Transmission Class of 50.

7. Site Design Standards. Site design of any property or design of any structure shall not resemble an airport, taxiway, or runway.

8. Setback from Airport. All buildings and towers, except structures of the airport, shall be set back at least 100 feet from airport property; and at least 500 feet from the centerline of each existing and proposed runway, and from an imaginary line extending the centerline of the existing and proposed runways by 1,500 feet.

9. Condition of a Variance. As a condition of approval as a special exception, the Board of Zoning Appeals may require a wildlife mitigation plan be prepared and implemented according to FAA Advisory Circular and other FAA published guidance, and require assurances that any current or future wildlife hazards are addressed immediately.

E. Discretion of the Zoning Administrator. The Zoning Administrator may require additional and reasonable development standards that serve the district’s intent when necessary. [Ord. 12-27-11 § 3.05.]

20.30.060 ACO district conditions of variances, special exceptions and other approvals.

A. Wildlife Hazard Mitigation – Condition of Approval. As a condition of approval as a special exception or use variance, the Board of Zoning Appeals may require a wildlife mitigation plan be prepared and implemented according to FAA Advisory Circular and other FAA published guidance, and require assurances that any current or future wildlife hazards are addressed immediately.

B. Noise Mitigation – Condition of Approval. As a condition of approval as a special exception or use variance, the Board of Zoning Appeals may require a primary structure to be constructed to a Sound Transmission Class of 50, commonly used when soundproofing homes near airports. This requirement would result in the ceiling, walls and windows to all be constructed to a reasonably higher standard necessary to mitigate airport noise. [Ord. 12-27-11 § 3.06.]

20.30.070 WHO district intent, effect on uses, and effect on standards.

A. District Intent. The wellhead overlay (WHO) district is intended to protect the public water supplies by minimizing the potential for contamination.

•Uses that utilize or contain volatile, poisonous, toxic, or other material hazardous to the potability of water are restricted or prohibited

•Require certain land uses to connect to municipal sewer if in the wellhead overlay district

•Prevent underground storage tanks in the wellhead overlay district

•Areas within the 5-year recharge area for a public water supply or well field as delineated by study or by rule in the Indiana Administrative Code

•Wellhead recharge areas for municipal wells or wells used by manufactured home parks or other “shared” wellhead

B. Effect on Uses. All permitted uses in the base zoning district are permitted in the WHO district except as prohibited as follows. All special exception uses permitted in the base zoning district are allowed as such in the WHO district except as prohibited as follows.

The following land uses and site features shall not be permitted in the WHO district:

•Animal feed lot

•Animal mortality storage or disposal

•Cemetery

•Chemical storage or distribution

•Confined feeding operation

•Construction material landfill

•Crematorium

•Ethanol plant (or other biofuel plant)

•Fertilizer storage or distribution

•Golf course

•Gravel or sand mining

•Incinerator

•Industry that uses heavy metals or toxic chemicals in its manufacturing process or other operations

•Industry that has heavy metals or toxic chemicals as a by-product from its manufacturing process or other operations

•Junk yard

•Recycling processing

•Rendering plant

•Road salt storage

•Sanitary landfill or refuse dump

•Scrap metal yard

•Septic tanks sized for more than a single-family dwelling

•Settling ponds from industrial processes

•Sewage lagoons

•Spreading of animal waste on land

•Spreading of sewage treatment plant sludge on land

•Storage tanks (hazardous)

•Wastewater treatment facility

C. Effect on Standards. The development standards from the base zoning district shall apply to the WHO district in addition to the development standards described in JCC 20.30.100, WHO district development standards. [Ord. 12-27-11 § 3.07.]

20.30.080 WHO district applicability.

The following requirements apply to all land within the WHO district as defined in JCC 20.30.090, WHO district boundary. Under no circumstances shall a planned development or rezoning of property change the applicability of the WHO district’s land use restrictions and additional development standards. [Ord. 12-27-11 § 3.08.]

20.30.090 WHO district boundary.

The boundaries for the WHO district shall be any 5-year recharge area shown on any map, drawn to scale, certified by a registered engineer, and may be shown on the official zoning map as a hatched or textured pattern and noted on the map legend as the WHO district. [Ord. 12-27-11 § 3.09.]

20.30.100 WHO district development standards.

A. Exemptions. Single-family and two-family dwelling units connected to a municipal sewer system are exempt from the WHO district requirements.

B. Best Management Practices for Fertilizer and Chemical Application on Agricultural Land. Agricultural uses within the WHO district shall implement best management practices known to the industry, including:

1. Avoid Excess Potential Contaminant Usage. Use the minimal amount of the potential contaminant that is necessary to achieve the desired result. Employ waste reduction and management strategies, and mandate responsible purchasing to reduce the threat of hazardous materials.

2. Proper Use and Handling. Train employees to follow instructions on labels to ensure proper use, handling, and application of potential contaminants.

3. Proper Storage and Disposal. Create and implement a chemical management plan that includes a list of chemicals and potential contaminants used, the method of disposal, and procedures for assuring that chemicals and potential contaminants are not discharged into waterways or to wellfield.

1. Abandoned Wells. All known abandoned wells shall be identified and sealed at the surface or capped with impervious materials in accordance with Rule 10 of 312 IAC 13.

2. Sanitary Sewer. Connection to a municipal sanitary sewer system shall be required unless the cost to connect to the municipal sanitary sewer exceeds three times the cost of a septic (i.e., on-site waste treatment) system.

a. All tanks shall have corrosion protection for the tank and piping. Corrosion protection measures shall include elevating tanks, resting tanks on continuous concrete slabs, installing double-walled tanks, cathodically protecting the tanks, internally lining tanks, or a combination of the aforementioned options. All piping to the tank should be double-walled or located above ground or cathodically protected.

b. Above ground storage of liquid and/or petroleum products shall be limited to 2,000 cumulative gallons in all on-site storage tanks.

c. Storage of more than 300 gallons of liquid chemical or petroleum products for more than twenty-four (24) hours shall meet the following secondary containment requirements:

i. Secondary containment shall be capable of containing one hunded ten percent (110%) of the volume of the tank.

ii. Secondary containment shall be designed to prevent and control the escape of the contaminant into ground water for a minimum of seventy-two (72) hours; or designed and built with an outer shell and a space between the tank wall and the outer shell that allows and includes monitoring between the tank wall and outer shell.

iii. The secondary containment structure shall be properly maintained and shall be free of vegetation, cracks, open seams, open drains, siphons, or other openings that jeopardize the integrity of the structure.

iv. The secondary containment structure shall be designed to prevent the infiltration of precipitation.

a. New underground storage tanks (USTs) shall not be permitted.

b. Existing underground storage tanks shall only be replaced or upgraded with above ground storage tanks. [Ord. 12-27-11 § 3.10.]

20.30.110 WHO process supplement.

A. Additional Reviews. If a subdivision of land, planned development, special exception, variance, rezoning, or improvement location permit is applied or requested for a site that lies fully or partially within the WHO district, the proposed development and process shall be subject to an additional review and requirements by the water utility who maintains the wellhead.

B. Additional Notice. In addition to any notice an applicant is required to give, an applicant shall give notice to the water utility who maintains the wellhead when fully or partially contained within a WHO district. See Chapter 20.90 JCC, Processes.

C. Improvement Location Permit Application Supplement^*. For any application for an improvement location permit submitted to the Zoning Administrator involving land lying whole or in part in a WHO district, the applicant shall submit the following:

1. A narrative description of the site including any existing uses, setbacks, available sewage disposal facilities, and a brief history of the site (including any former uses, historical environmental concerns, abandoned wells, underground storage tanks, septic systems).

2. Description of the proposed operations, including chemical/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/maintenance procedures.

3. Methods and locations of receiving, handling, storing and shipping chemicals/products and wastes.

4. Spill or release response measures and reporting.

5. Description of slopes near containment vessels and waste storage areas.

6. The following information shall also be included on the required site plan or an additional plan: all paved and nonpaved areas; floor drain locations and outlets; chemical/product storage locations; waste storage locations; liquid transfer areas; underground storage tanks and associated piping; above ground storage tanks and associated piping; slope and contours of finished grade at two-foot intervals; and proposed containment area detail drawings, including area, heights, materials, specifications, if applicable.

* Code reviser’s note: Subsection (C) of this section was moved from JCC 20.90.120(D)(2)(i) at the County’s direction on July 23, 2025.

[Ord. 12-27-11 § 3.11.]

20.30.120 WHO monitoring.

A. Inspection. Land uses involving the storage or use of potential contaminants are subject to periodic inspection by the Fire Marshall or the water utility who maintains the wellhead. The scope of inspections shall be limited to issues related to the storage and use of potential contaminants.

B. Testing. The water utility who maintains the wellhead may request periodic testing for spillage or soil contamination. Testing may not exceed one (1) test site for each 1,000 gallons of chemicals, fertilizer, or petroleum product per year for sites that have never had a violation, or significant leak or spill. Testing may not exceed one (1) test site for each 500 gallons of chemicals, fertilizer, or petroleum product per six (6) months for sites that have never had a violation, or significant leak or spill.

C. Reporting. The water utility who maintains the wellhead shall be notified within twenty-four (24) hours from the time a leak or spill is discovered that exceeds one (1) gallon onto the soil. [Ord. 12-27-11 § 3.12.]

20.30.130 WFO district intent, effect on uses, and effect on standards.

A. District Intent. The wind farm overlay (WFO) district allows a wind farm as a permitted use in remote and otherwise appropriate regions of the County.

•This WFO district applies to parcels that, in combination, comprise a wind farm.

B. Effect on Uses. All permitted uses in the base zoning district are permitted as such in the WFO district. All special exception uses permitted in the base zoning district are permitted as such in the WFO. Additional permitted uses are listed as follows.

The following land uses shall be permitted in the WFO district:

•Wind farm

C. Effect on Standards. The development standards from the base zoning district shall apply to all non-wind farm improvements. The wind turbine standards for wind farms, in the wind farm overlay district, shall apply to all turbines and other improvements associated with the wind farm. [Ord. 12-27-11 § 3.13.]

20.30.140 WFO prerequisites.

A. Base Zoning. The base zoning for this overlay district to be applied to a lot shall be an A1, A2, or A3 district.

B. Minimum Lot Size. The minimum lot area for this overly district to be applied to a lot shall be ten (10) acres.

C. Advisory Opinion. The applicant shall obtain an advisory opinion from the Jasper County Airport Authority prior to filing for rezoning to apply the WFO district to any lot.

D. Special Exception. The application for the WFO district to any lot does not relieve the requirement for a special exception for each utility-grade wind turbine location. Aggregated projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and, as appropriate, approvals. [Ord. 10-4-21C §§ 1, 2; Ord. 5-6-19B § 1; Ord. 2-4-19B §§ 1 – 3; Ord. 12-27-11 § 3.14.]

20.30.150 WFO district applicability.

The following requirements apply to all land within the WFO district as defined in JCC 20.30.160, WFO district boundary. Under no circumstances shall a planned development or rezoning of property change the applicability of the WFO district’s land use restrictions and additional development standards. [Ord. 12-27-11 § 3.15.]

20.30.160 WFO district boundary.

The boundaries for the WFO district shall be any lot rezoned to apply this overlay and as shown on the official zoning map as a hatched or textured pattern and noted on the map legend as WFO district. [Ord. 12-27-11 § 3.16.]

20.30.170 WFO district development standards.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.]