COMMERCIAL WIND TURBINE: Refer to section 10-1-5, Definitions.

HOBBYIST WIND TURBINE: Refer to section 10-1-5, Definitions.

PERSONAL WIND TURBINE: Refer to section 10-1-5, Definitions.

TOTAL HEIGHT: Refer to section 10-1-5, Definitions.

WIND FARM: Refer to section 10-1-5, Definitions.

WIND TURBINE: Refer to section 10-1-5, Definitions. (Ord. 2010-01, 10-26-2009; amd. Ord. 2020-02, 2-24-2020)

General provisions for all classification wind turbines (unless otherwise specified in their individual classification section, herein):

   A.   Zones Allowed: Personal and hobbyist private pole mounted nonguyed wind turbine towers are permitted in all zones.

   B.   Interference: Wind turbine tower facilities should not be installed in any location where its proximity would produce electromagnetic interference with signal transmission, retransmission or reception of the following:

      1.   Existing microwave communications link(s).

      2.   An existing fixed broadcast antenna used for radio, television, retransmission, wireless phone, or other personal communication systems.

      3.   Retransmission or reception antenna, including residential reception antenna.

   C.   Equipment Use Or Processes: No equipment or processes shall be used in such wind farm project which creates noise, vibration, glare, fumes, odors or electrical interference, detectable to the normal senses off the lot upon which the proposed use is to be sited, except as defined in subsection F of this section. In case of electrical interference, no equipment or process shall be used that creates or causes fluctuations in the voltage off the premises.

   D.   Compliance With National Electric Code: Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electrical code. All wind energy systems must comply with the applicable provisions of the national electric code.

   E.   Utility Notification: No wind energy system of any size shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned turbine. Off grid systems shall be exempt from this requirement. (Ord. 2010-01, 10-26-2009)

   F.   Noise: Wind turbine tower facilities shall be located with relation to property lines so that the level of noise produced during any wind turbine operation shall not exceed seventy five (75) dBA, measured at the boundaries of all adjacent parcels that are owned by nonsite owners or at any point past the property line of the lot on which the turbine is to be erected. (Ord. 2010-09, 11-29-2010)

   G.   Siting: Detailed site plan shall be submitted with application identifying all property lines, existing buildings, proposed buildings, parking areas, utilities, signs, neighboring properties, proposed transmission lines, any other information that may be required to determine if use is within the intent and requirements of this chapter.

   H.   Minimum Site Area: Hobbyist or personal wind turbine towers shall be allowed only on lands with a minimum lot area of one acre.

   I.   Setbacks: Each wind turbine less than one hundred fifty feet (150') and nameplate less than one hundred (100) kilowatts shall comply with the following requirements:

      1.   Communication And Electrical Lines: One hundred twenty percent (120%) of its total height plus the size of the rotor radius from the nearest aboveground public electric power line, telephone line or utility line of any kind.

      2.   Property Line: One hundred twenty percent (120%) of its total height from the nearest property line, unless mitigation has taken place and agreed by the owner/operator and affected property owners involved and recorded in the recorder's office which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property. The recorded easement cannot be used to adjust the minimum acreage requirement.

      3.   Public Roads And Road Rights Of Way: One hundred twenty percent (120%) of its total height.

      4.   Railroad Rights Of Way: One hundred twenty percent (120%) of its total height.

      5.   Clearance: The minimum distance between the ground and any part of the rotor blade system shall be fifteen feet (15').

   J.   Building Permit: A building permit is required and must comply with the currently adopted building code of Power County. Permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings.

   K.   Governmental Agency Approval: Upon proposal, and during development, construction and operation of a commercial turbine wind farm project, owner or operator shall have a continuing responsibility to obtain copies of all relevant and appropriate federal, state and local permits, and shall provide copies of such permits to the county building department within thirty (30) days of receiving the same.

   L.   Appearance And Design: Turbines shall be painted a nonreflective, nonobtrusive color. The design of the buildings, tower(s) and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility to the natural setting and existing environment. All turbines shall be monopole in nature and not lattice towers.

   M.   Advertising: Shall not be used for displaying any advertising except for reasonable identification of the manufacturer, installer or operator. Any such identification shall not appear on the blades or other moving parts or exceed six (6) square feet.

   N.   Lighting: Lighting to satisfy tower facility lighting requirements for the FAA shall be required.

   O.   Underground Wiring: Electrical controls, control wiring and wiring shall be wireless or underground where practical, unless otherwise approved by the planning and zoning commission. This applies to the wiring between the wind turbine and the on site collector facility.

   P.   Construction Time Line: A time line prior to the construction phase of the project shall be submitted to the planning and zoning department identifying the starting and completion date of all construction. If the project will be developed in phases, the phase lines must be identified on the detailed site plan. Each phase must be completed within a reasonable time line.

   Q.   Climbable: All wind turbines shall not be climbable up to fifteen feet (15') above ground level.

   R.   Locked Access: All access doors to the wind turbine towers and electrical equipment shall be lockable and locked when unattended.

   S.   Signage: Appropriate warning signage shall be placed on all wind turbine towers, electrical equipment and facility entrances warning of high voltage and cautionary instructions to unauthorized persons to stay away from such structures.

   T.   Emergency Shutdown: Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet (3') of the meter panel.

   U.   Documentation: No experimental, home built, or prototype wind turbines shall be allowed without submitting documentation of their maximum probable blade throw distance and fall distance in the event of failure and set back an appropriate distance based on that documentation.

   V.   Removal Of Obsolete Personal Wind Turbine Facilities: Obsolete or unused wind turbines and accessory structures shall be removed from any site within twenty four (24) months of discontinuance of the use thereof. Owner of the site shall notify the county in writing within thirty (30) days of the discontinuance of the use of such turbine tower or facility. Failure to notify and/or remove the obsolete or unused tower or facility or failure to restore their system to operating condition within six (6) months shall be a violation of this law. If the owner is not in compliance with this section he shall be required, at his expense, to remove the wind turbine from the tower.

If the owner fails to comply, the tower then would be subject to the dangerous building code and the telecommunication ordinance of the zoning code. If the owner is in violation of this section the county may remove such facilities after the one hundred eighty (180) day period at the expense of the owner.

   W.   Commencement Of Construction: Approved project construction must be started within twelve (12) months of approval.

   X.   Braking System: All wind turbines must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation creating excessive pressure on the tower structure, rotor blades, and turbine components.

   Y.   Wind Access Claims Against Adjacent Parcels: Unless a prior wind access easement has been acquired, claims cannot be filed against neighbors for obstructing wind, based on either current or future improvements on their parcels. (Ord. 2010-01, 10-26-2009)

Reserved. (Ord. 2010-01, 10-26-2009)

Reserved. (Ord. 2010-01, 10-26-2009)

In addition to the above requirements, the following shall apply:

   A.   Agricultural Zones: Wind farms, commercial and large turbines and associated structures; allowed by special use permit in agricultural zones only. The special use permit shall be valid for two (2) years from the issuance of the permit, with extensions available in one year increments upon a showing of reasonable cause for the extension.

   B.   Governmental Agency Approval: Construction and operation must comply with all applicable federal aviation administration (FAA) standards. Applicant must also consult and comply with United States fish and wildlife services, Idaho fish and game, DEQ, and the appropriate fire department must be submitted by the applicant to the planning and zoning department prior to the issuance of a building permit. Applicant shall consult with and follow the reasonable recommendations of the United States fish and wildlife service and the Idaho department of fish and game concerning tower siting, location, and any studies to be conducted and followed prior to construction.

   C.   Licenses, Approvals And Certifications: Prior to commencing operations, the owner/operator shall have in its possession all appropriate approvals, licenses, and certifications required by federal and state oversight agencies, and that copies of said approvals, licenses and certifications shall be filed with the county planning and zoning department.

   D.   Setbacks From Property Line: Towers or other structures associated with the wind farm project shall be set back from the external boundaries of the project property a distance of not less than one and one-half (11/2) times the total overall height of the tallest structure. For purposes of this calculation, overall height shall include total tower height plus total blade length. Alternatively, if the external boundary in question is not along a public road right of way, then the permittee may obtain an easement from the adjoining landowner, which shall, at minimum, be calculated and designated on an arc with the center point being the tower site and the distance being one and one-half (11/2) times the total height of the tower plus the blade length and with arc end points being located on the boundary line between permittee and the adjoining landowner, such as to allow for a distance of one and one-half (11/2) times the total height of the tower plus blade length to the distant boundary of the easement. A siting permit shall be obtained from the county building department ensuring compliance with this setback requirement.

   E.   Minimum Ground Clearance: The tip of a blade shall, at its lowest point, have a ground clearance of no less than seventy five feet (75').

   F.   Use Of Public Roadways: Routes of public travel to be used during the construction phase shall be specified in the permitting process. The public travel route will be inspected prior to the commencement of construction by the county highway department and reinspected thirty (30) days after project completion. If any significant damage above normal wear and tear is found at the end of construction by county highway department, they shall give written notice of said damage to the owner and operator of the facility. Any and all repairs must be completed within ninety (90) days of said notice and paid by the developer.

   G.   Zones Permitted: Construction, development and operation of a wind turbine, large, commercial or wind farm within the agricultural zone will be permitted upon demonstration to the county building department of compliance with all of the performance standards.

   H.   Special Use Permits: All commercial wind farm projects shall require a special use permit, subject to public hearing by the planning and zoning commission. Commercial wind farm projects shall comply with the comprehensive plan and this code. Special use permits granted for commercial wind farms will be valid for two (2) years from the issuance of the permit, with extensions available in one year increments upon a showing of reasonable cause for the extension. The Power County planning and zoning commission shall receive and approve or deny all applications for an extension.

   I.   Specifications To Building Department And Permit And Site Plan Procedures/Submittal: Commercial generating facilities shall provide a digital elevation model based project visibility map showing the impact of topography upon visibility of the project from other locations throughout the region, to a distance of five (5) miles from the center of the project. The scale used shall depict a three (3) mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks. An engineering analysis of the tower showing compliance with the building code and certified by a licensed professional engineer shall be submitted with the application.

   J.   Liability Insurance: Prior to issuance of a building permit for a wind turbine tower and continuing after construction until such facility is removed from the site, the applicant shall provide documentation satisfactory to the county and at such reasonable intervals as determined by the county of the existence of liability insurance coverage with a minimum limit of one million dollars ($1,000,000.00) covering property damage, injury or death resulting from the construction, placement, use, maintenance, operation of a wind generation facility.

   K.   Decommissioning Bond Required:

      1.   Applicants are required to hold a performance bond, completion bond, decommissioning bond or other financial assurance with an A rated firm in the amount of five percent (5%) of the tower's value.

      2.   A detailed decommissioning and reclamation plan in accordance with state and federal law. The owner/operator of commercial wind energy facilities is responsible for removing the wind turbines and related facilities when no longer useful. They must remove the turbines and facilities within three (3) years of the end of electricity generation unless a new plan is proposed to reuse the turbines. Reclamation shall be restored to its original state before wind energy facility site construction.

      3.   Decommissioning requirements, transfer with ownership of the turbine or ownership of wind facility.

   L.   Compliance With Utility Transmission Requirements:

      1.   Wind farms requiring new or modified utility transmission systems shall comply with the requirements of this code governing utility transmission lines, structures and systems. (Ord. 2010-01, 10-26-2009)