§ 17.52.550. Wind turbines.

A.

Applicable to all types of wind turbine facilities in all zones:

1.

Wind turbine tower facilities shall not be installed in any location where its proximity would produce electromagnetic interference with signal transmission or reception of the following:

a.

Existing microwave communications link,

b.

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

2.

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. This information is frequently supplied by the manufacturer.

3.

Utility Notification. No wind energy system 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.

4.

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 forty-five (45) dba, measured at the boundaries of all adjacent parcels that are owned by non-site owner or at any point past the property line.

5.

A detailed site plan shall be submitted 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 title.

6.

Setbacks. Each wind turbine shall comply with the following requirements.

a.

Communication and Electrical Lines. One times its total height from the nearest above-ground public electric power line or telephone line.

b.

Property Line. One times its total height from the nearest property line, unless mitigation has taken place and agreed to by owner/operator and affected property owners involved and recorded in the Bannock County Recorder's office which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property.

c.

Public Roads. One times its total height from the nearest public road right-of-way.

d.

Railroads. One times its total height from all railroads right-of-way.

7.

Minimum ground Clearance. The tip of a blade shall at its lowest point, have a ground clearance of no less than fifteen (15) feet.

8.

A building permit is required and must comply with the currently adopted building code.

9.

The system shall comply with all applicable Federal Aviation Administration (FAA) standards. Towers shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

10.

Wind turbines shall be a non-reflective, non-obtrusive color.

11.

Shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator. Any such identification shall not appear on the blades or other moving parts or exceed six square feet.

12.

A timeline prior to the construction phase of the project shall be submitted to the planning and development department identifying the starting and completion date of all construction.

13.

All wiring between wind turbines and the substation shall be underground.

14.

Wind Turbines shall not be climbable up to fifteen (15) feet above ground level.

15.

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

16.

Appropriate warning signage shall be place on all wind turbine towers, electrical equipment and facility entrances.

17

Abandonment. If a wind turbine is inoperable for six consecutive months the owner shall be notified that they must, within six months of receiving the notice, restore their system to operating condition. If the owner(s) fails to restore their system to operating condition within the six-month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons. The tower then would be subject to the public nuisance provisions of the zoning code. See additional requirements for commercial wind turbines.

B.

Small Wind Turbine.

1.

Total height less than sixty-five (65) feet. Monopole tower only.

2.

Conditional use permit for any non-monopole tower type.

3.

There shall be no more than two wind turbines per lot.

C.

Medium Size Wind Turbine.

1.

Total height is between sixty-five (65) feet and one hundred fifty (150) feet and the nameplate capacity is less than 100 kilowatts.

2.

Limited to one wind turbine per lot.

D.

Commercial Wind Turbine.

1.

Total height exceeds one hundred fifty (150) feet or the nameplate capacity exceeds one hundred (100) kilowatts.

2.

Setbacks. Each commercial wind turbine shall comply with the following requirements.

a.

Communication and Electrical Lines. One times its total height from the nearest above-ground public electric power line or telephone line.

b.

Inhabited Structures. Three times total height, line of sight from the nearest existing residence, school, hospital, church, place of employment or public library, unless mitigation has taken place and agreed by owner/operator and affected property owners involved and recorded in the Bannock County Recorder's office which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property.

c.

Property Line. One and one-half times total height from the nearest property line, unless mitigation has taken place and agreed by owner/operator and affected property owners involved and recorded in the Bannock County Recorder's office which describes the benefited and burdened properties and which advises all subsequent owners of the burdened property, but not closer than one full height.

d.

Public Roads. One times its total height from the nearest public road right-of-way.

e.

Railroads. One times its total height from all railroads right-of-way.

f.

Wind Turbine Spacing. Wind turbines shall have a minimum separation distance of one and two-tenths times the total height of the tallest wind turbine from other wind turbines.

3.

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

4.

The design of the buildings and related structures shall, to the extent reasonable possible, use materials, colors, textures, screening and landscaping that will blend the facility to the natural setting and existing environment.

5.

Routes of public travel to be used during the construction phase shall be documented by the Bannock County Public Works Department. The public travel route will be re-inspected thirty (30) days after project completion; any and all repairs must be completed within ninety (90) days of end of construction project and paid by the developer.

6.

An appropriate continuous renewal bond amount will be set for each wind turbine for decommissioning should the owner/operator fail to comply with the title requirements or the wind turbine does not operate for a period of twelve (12) consecutive months.

7.

A signed statement by the landowner acknowledging that the landowner is financially responsible if the owner/operator fail to reclaim the site as required and that any removal and reclamation costs incurred by the county will become a lien on the property and may be collected from the landowner in the same manner as property taxes.

8.

Evidence of compliance with FAA, 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 development department prior to the issuance of a building permit. If an area is identified by Fish and Wildlife Services to house a significant bird population, a monopole tubular type tower shall be used instead of lattice type towers.

9.

If project will be developed in phases, the phase lines must be identified on the detailed site plan. Each phase must be completed within twelve (12) consecutive months or the project will become null and void and the owner/operator must reapply and comply with current regulations.

10.

Liability Insurance Commercial Towers Only. Prior to issuance of a building permit for a commercial 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 minimum one million dollars ($1,000,000.00), for property damage, injury or death resulting from the construction, placement, use, maintenance, operation of a wind generation facility, by the owner of the site.

11.

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 miles from the center of the project. The scale used shall depict a three-mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks.

12.

Color photographs, at least three inches by five inches, taken from several locations within a three-mile radius of the boundaries of the commercial facility site, shall be provided. Said photographs shall be computer enhanced to simulate the appearance of the as-built aboveground site facilities as such would appear from said locations.

(Ord. No. 2009-1, § 1(451), 6-24-09; Ord. No. 2013-2 , § 1, 3-20-13)