An application for rezoning to a commercial WECS overlay district must be submitted to the Hamilton County plan commission provided all property owners within the proposed commercial WECS overlay district are listed as co-applicants. The application shall also include the following items:

A commercial WECS project summary, including, to the extent available:

A.

A general description of the project including its total generating capacity, the potential equipment manufacturers, the type of WECS, the number of WECS towers, the total name plate showing generating capacity of each WECS tower, the maximum height of the WECS, the maximum diameter of the WECS rotors, and the specific location of the project.

B.

A description of the applicant/owner/operator, including their respective business structures.

C.

A description of substations, maintenance structures, storage yards, permanent meteorological towers and equipment, and other buildings that are a direct functional part of the WECS project. These structures, within the proposed overlay district, shall be considered accessory uses.

D.

The names, addresses and phone numbers of the applicants/owners/operators, and all co- applicants.

E.

A topographic map of the project site and the surrounding area which shall encompass an area at least a quarter mile radius from the proposed district with contours of two-foot intervals.

Following the creation of a commercial WECS overlay district, a development plan together with a petition for development plan review must be submitted to the Hamilton County plan commission, the Hamilton County commissioners, the Hamilton County surveyor, and the Hamilton County Highway Department.

The petition for primary development plan approval shall include:

A.

A site plan at an appropriate scale showing (standard sheet of 36 inches by 24 inches and individual tower sites not greater than one-inch equals 20 feet).

i.

The proposed location of all wind energy conversion system facilities (including locations of each WECS tower and anchor bases (if any).

ii.

WECS access roads; substations, maintenance structures; storage yards.

iii.

Temporary and permanent meteorological towers; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the WECS.

iv.

Each tower and/or structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show primary structures within one-quarter mile of any commercial WECS zone district; property lines, including:

a.

Identification of adjoining properties.

b.

Setback lines.

c.

Public roads.

d.

County regulated drains.

e.

Open ditches.

f.

All water bodies and streams.

g.

Location of all above-ground utility lines within a distance of two (2) times the WECS tower height of a WECS tower.

h.

Location of all existing underground utility lines associated with the WECS site.

i.

Recognized historic or heritage sites as noted by the Indiana Department of Natural Resources.

j.

Floodplains.

k.

And any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines.

v.

This site plan must also be distributed to the county surveyor, county highway department, county Health Department, emergency management agency, any fire departments serving any part of the site and the county sheriff's department.

B.

A transportation plan showing delivery route of all equipment as recommended by the Hamilton County Highway Department and approved by the Hamilton County commissioners.

C.

A drainage plan approved by the Hamilton County surveyor and drainage board. The transportation plan and the drainage plan shall establish that all newly constructed WECS access roads shall not impede the flow of water and will comply with the county drainage ordinance and highway department requirements.

D.

A projected sound emissions study for the proposed WECS.

E.

A decommissioning plan formulated by the applicant/owner/operator and accepted by the Hamilton County plan commission and the Hamilton County commissioners to ensure that the commercial WECS project is properly decommissioned.

i.

The decommissioning plan must be updated and approved by the Hamilton County plan commission and the Hamilton County commissioners every five (5) years after the approval of the initial decommissioning plan, and in the same manner as the initial plan.

ii.

The decommissioning plan shall include assurance that all facilities will be properly decommissioned/and removed upon the end of the project life or facility abandonment.

iii.

Applicant(s)/owner(s)/operator(s) obligations with respect to decommissioning shall include removal of all physical equipment pertaining to the project improvements to a depth of 48" beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements. The applicant/owner/operator shall provide a contractor's cost estimate for demolition and removal of the WECS facility from a licensed engineer approved by the Hamilton County plan commission.

iv.

Financial assurance of decommission shall be provided as required.

The petition for secondary development plan approval shall include:

A.

A final revised site plan.

B.

A security and safety plan which must include adequate provisions for site security and safety. If the plan includes using county services, then it should include signatures indicating those parties are aware of their role and are capable of performing it.

C.

Adequate assurance of the completion and continued operation of the WECS project from the date of the commencement of construction through the life of operation of the WECS. The owner/applicant/operator shall demonstrate such adequate assurance of completion and continued operation of the WECS project by providing evidence of:

i.

Adequate funding of one hundred percent (100%) of the estimated cost of construction of the WECS.

ii.

Performance bonds or other sureties from the owner/applicant/operator and/or major equipment suppliers and contractors.

iii.

The existence of written warranties from contractors and/or manufacturers which have demonstrated financial ability to repair and/or replace defective work, materials, and equipment; and

iv.

Aadequate casualty, builders' risk, business interruption, and liability insurance for the replacement of the WECS and the individual components and the payment of all liabilities occurring during, arising from, or related to a casualty loss. The applicant/owner/operator shall provide cost estimates, bids, contracts, warranties, feasibility studies, engineering studies and reports, insurance certificates, loans, and other financing commitments to support the above-mentioned facilities.

After secondary development plan approval is obtained, but before any construction commences or improvement location permits issued, all applicable state and federal permits, approvals and licenses must be obtained, and all state and federal statutes and regulations must be complied with, and the following requirements satisfied:

A.

The applicant/owner/operator of the WECS shall maintain liability policies covering (1) bodily injury and property damage and (2) environmental contamination arising from construction, operation, maintenance, and decommissioning of the WECS, with nationally recognized, well-capitalized insurance companies initially approved by the plan commission and annually thereafter by the director of the plan commission and name Hamilton County as an additional insured. Limits on the bodily injury and property damage policy shall be of at least $2 million per occurrence and $5 million in the aggregate with a deductible of no more than $20,000.00 and on the environmental contamination policy shall be of at least $1 million per occurrence and $2 million in the aggregate with a deductible of no more than $50,000.00.

B.

The applicant/owner/operator shall establish a 24-hour toll-free phone number for the registering of complaints and concerns. This number shall be posted at every road intersection throughout the project area before improvement location permits are issued and before any construction or earth moving can commence. If legitimate complaints are not remedied within 48 hours, the county may address these complaints with any expenses incurred to be reimbursed by the WECS applicant.

Required toll-free number - sign example:

C.

The applicant/owner/operator must attend a pre-construction meeting between the Hamilton County plan commission director, the Hamilton County plan commission president, the Hamilton County building inspector, the Hamilton County highway engineer, the Hamilton County surveyor, and any other public officer or official whose input is deemed appropriate and the WECS applicant/owner/operator will verify that all requirements in the Hamilton County zoning ordinance have been met. Once reviewed, if all requirements have been met, the WECS applicant/owner/operator may then obtain improvement location permits/building permits. If any requirements have not been met, then further pre-construction meetings will be held until it can be verified that the identified issues have been resolved.

The rezoning application, the development plan (including but not limited to decommission plan and each update thereof and the assurance of completion and continued operations) and the improvement location permit/building permit applications shall be reviewed by plan commission staff; counsel; an independent professional engineer, if needed; and any other professionals deemed necessary as selected or approved by the plan commission. Within 30 days of submission, the owner/applicant/operator shall reimburse the plan commission for all costs and expenses associated with the initial or any subsequent review of the development plan including but not limited to the employment of a professional engineer, financial consultant, or other professional advisors consulted by the plan commission. A profession engineer shall certify, as part of the improvement location permit application/building permit that the foundation and tower design of the WECS is within accepted professional standards, given local soil roadway and climate conditions.

In order for a commercial WECS overlay district to be approved the plan commission and the board of commissioners shall determine in writing:

A.

That the proposed commercial WECS overlay district will not be injurious to the public health, safety, morals, or general welfare of the community; and

B.

That the use and value of the area adjacent to the proposed commercial WECS overlay district will not be affected in a substantially adverse manner; and

C.

That the proposed commercial WECS overlay district does not interfere substantially with the comprehensive plan.

A.

Responsibility. Prior to and during construction the applicant/owner/operator shall be responsible for:

i.

Implementing dust control measures during construction per Hamilton County highway standards.

ii.

Complying with existing septic and well regulations as required by the Hamilton County Health Department and the Indiana Health Department.

iii.

Repairing all damages to county regulated waterways, drainage ditches, field tiles, or any other infrastructures caused by the construction or maintenance of the WECS. Damages must be completely repaired to original or better condition within 48 hours of notification and approved by the Hamilton County surveyor and in such a manner so as not to impede the flow of water. WECS owner/operator/applicant shall be responsible for loss or damage proximately resulting from its impairment of such drainage structures.

iv.

Installing permanent, visible markers where directional boring is used. Markers shall be placed within the line of sight indicating directional changes and borings.

v.

Submitting a weekly plan of work to the plan commission; to the county highway engineer, to the county sheriff, to the county surveyor, to the Soil and Water Conservation District, to the superintendent(s) of the school district(s) in which construction is occurring and to all emergency services within jurisdiction over the areas in which construction is occurring. This plan shall include details of where construction and transportation activities will occur, notification of any oversize or overweight loads entering or exiting the project each day as well as any work on roads and drainage areas including access roads.

vi.

Adhering to the approved transportation plan. The Hamilton County highway engineer shall conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage. Applicant may be required to make spot improvements, such as improving the radii at intersections to accommodate the large load movement. The Hamilton County highway engineer may choose to require remediation of road damage during or upon completion of the project and is authorized to collect fees for oversized load permits. If the applicant/owner/operator does not make repairs in 48 hours after notification the county highway engineer is authorized to make repairs and charge the applicant/owner/operator a fee to cover the costs of repair. Such fees shall be established at the start date of construction and may be revised at three-month intervals. Further, a corporate surety bond shall be required as approved by the Hamilton County highway engineer to ensure that future repairs are completed to the satisfaction of the county. The cost of bonding is to be paid by the applicant/owner/operator. A $1,000.00 fine shall be assessed for each occurrence where WECS oversize or overweight construction and maintenance equipment utilizes any route(s) in violation of the approved transportation plan. If the applicant/owner/operator or its contractors require material changes from the approved transportation plan or if post completion repairs, improvements, or expansions require oversize and overweight loads or involve new routes, an amended transportation plan must be approved in the same manner as the initial plan. When all road repairs are completed to the satisfaction of the Hamilton County highway engineer a county highway remediation release form will be issued.

vii.

Adhering to the approved development plan. All proposed changes, modifications, or amendments to the development plan must be approved by the director of the Hamilton County plan commission and/or may require the amended development plan be submitted for approval by the Hamilton County plan commission and the Hamilton County commissioners. The director shall have the authority and discretion, considering all relevant factors, to determine whether the proposed development plan change is material.

B.

Design and installation. Design and installation shall be as follows:

i.

Commercial WECS towers shall conform to applicable industry standards. Applicant/owner/operator shall submit a manufacturers' certificate of design compliance indicating that the wind turbine complies with Underwriters Laboratories, Det Norske Veritas, Germanishcher Lloyd Wind Energie, or an equivalent third party.

ii.

All commercial WECS towers shall be installed with a tubular, monopole type tower. Meteorological towers shall also be of monopole construction. All structures shall be uniform in design and appearance. Maximum height for commercial WECS tower including total height of blades is 300 feet.

iii.

All commercial WECS towers 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.

iv.

All electrical components and collectors of the WECS shall conform to applicable local, state, and national codes, and relevant national and international standards. All WECS collector power lines between WECS towers shall be located underground.

v.

Towers and blades shall be painted with non-reflective white or gray color. The application shall comply with all applicable Federal Aviation Administration color requirements. No advertising or signage shall be allowed on a commercial WECS tower, except for manufacturers name on the nacelle.

vi.

A visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

vii.

All commercial WECS tower designs must include features to deter climbing or be protected by anti-climbing devices such as:

a.

Fences with locking portals at least eight feet high,

b.

Anti-climbing devices 15 feet vertically from the base of the WECS tower, and

c.

Locked WECS tower doors.

viii.

Red strobe lights are requested during the night to reduce impacts on migrating birds and red pulsating incandescent lights shall be avoided. White strobe lights at night are not allowed. All lighting shall also be in compliance with applicable Federal Aviation Administration regulations. All security lights shall be shielded so that no glare extends beyond the boundaries of the wind farm facilities.

ix.

At any non-co-applicant residential structure, public school, or public library, the audible A- weighted sound pressure levels as a result of the sound emitted by the WECS shall not exceed either, the greater of 45 decibels or five (5) decibels above the ambient baseline sound pressure level of the wind farm project area. The ambient baseline sound pressure level, if used, shall be determined by an acoustical sound specialist funded by the applicant/owner/operator. All methods for measuring and reporting acoustic emissions shall be equal to or exceed the minimum standards for precision described in the International Electrotechnical Commission IEC 61400-11 standard: Wind turbine generator systems - Part 11: Acoustic noise measurement techniques. Noise and vibration levels shall also be in compliance with all other applicable county, state, and federal regulations.

x.

The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 50 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

xi.

Setbacks shall be as follows:

a.

No commercial WECS shall be constructed within any setback, dedicated public easement, or proposed public right-of-way without an approved variance from the Hamilton County board of zoning appeals.

b.

Except as provided herein, installation of a commercial WECS or a temporary or permanent meteorological tower may not be nearer than 1.5 times the height of the WECS including the blade at its highest point, to any property lines, proposed right-of-way line, co-applicant residences, railroad right-of- way, overhead electrical transmission, or distribution lines. Also, the minimum setback distance for all substations, maintenance structures, storage yards, and other buildings that are a direct functional part of the WECS shall be not less than 500 feet from any non-co-applicant resident or public building. New structures built adjacent to wind power facilities shall maintain these same minimum setback requirements. The setback distance will be followed except in specific instances allowed by the board of zoning appeals at a variance hearing.

c.

Each individual WECS tower shall require an area of ground (site area) of no less than 40.0 acres using existing roads, property lines and/or water courses as area/site boundaries.

d.

The commercial WECS tower shall not be any nearer than 1.5 times the height of the WECS tower including the blade at its highest point to any other WECS tower.

C.

Post-construction and continued maintenance. Post-construction and continued maintenance requirements:

i.

Prior to the issuance of the improvement location permit/building permit the owner/applicant/operator shall secure and provide to the Hamilton County plan commission a performance bond, surety bond, letter of credit, or other forms of financial assurance that is acceptable to the plan commission and the "decommissioning security" equal to the estimated cost of decommissioning the WECS pursuant to the decommission plan.

ii.

The decommissioning security, in computing the estimated cost of decommissioning, shall consider and deduct the net salvage value of the WECS. The amount of the decommissioning security shall be adjusted annually by January 31 of each year by an amount equal to the increase in the CPI Index. "CPI Index" shall mean the Consumer Price Index for all "Urban Consumers, U.S. City Average, All Items", issued by the Bureau of Labor Statistics of the United States Department of Labor, or, if discontinued or no longer published, such other governmental index that most closely matches the manner in which inflation had been previously tracked as selected by the Hamilton County plan commission.

iii.

All applicants/owners/operators shall provide an updated decommissioning plan every five (5) years commencing with the operation of the WECS. The updated decommissioning plan shall be reviewed and approved by a licensed engineer approved by the Hamilton County plan commission and provide an estimate of the cost of decommissioning of the WECS and the net salvage value of the WECS (the professional engineer).

iv.

A new decommissioning security in an amount equal to the cost of the estimated cost of decommissioning after deducting the net salvage value of the WECS shall be provided within 60 days of the approval of the updated decommissioning plan or by no later than January 31 of each year.

v.

All waste whether generated from supplies, equipment, parts, packaging, operation, or maintenance of the facility, including old parts and equipment, shall be removed from the site within 15 days upon written notice to the project manager. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state, and federal rules and regulations.

D.

As-built plan requirements. Upon the completion of each commercial WECS tower and all associated equipment areas the applicant/owner/operator shall submit to the Hamilton County plan commission office a copy of the final as-built construction plans with the exact measurements showing location of utilities and all structures erected. Plans shall be provided electronically (shape file) and hard copy.

E.

Change in ownership. It is the responsibility of the applicant/owner/operator listed on the application to inform the Hamilton County plan commission director of all changes in ownership and operation during the life of the project including the sale or transfer of ownership or operation.

A WECS facility consisting of not more than one turbine and with a total name plate generating capacity of no more than 20 Kilowatts (kW) for the purpose of generating supplemental electricity for the parcel on which the facility is located shall be a self-supporting monopole structure or installed or mounted on a non-accessory structure.

A WECS facility of not more than one turbine with a total name plate generating capacity of greater than 20 kW but no more than one megawatt (MW) for the purpose of generating supplemental electricity for the parcel on which the facility is located shall be a self-supporting monopole structure.

Refer to permitted use table.

Removing inactive or un-maintained WECS - When any part of the WECS is not in use or not adequately maintained for a period of six (6) continuous months the entire WECS facility shall be removed from the property or disassembled and stored within a completely enclosed building.

Refer to permitted use table.

Removing in-active WECS - When any part of the WECS is not in use or not adequately maintained for a period of six (6) continuous months the entire WECS facility shall be removed from the property or disassembled and stored within a completely enclosed building.