Chapter 17.70
COMMERCIAL WIND ENERGY FACILITY STANDARDS
Sections:
17.70.020 Application of standards and criteria.
17.70.030 Other applicable requirements.
17.70.050 Public notice requirements.
17.70.060 Application requirements.
17.70.070 Development standards and criteria.
17.70.080 Compliance with project conditions.
17.70.010 Purpose.
A. To provide areas suitable for the establishment of wind energy facilities based upon where wind energy facilities can be sited and mitigated in relation to the county’s adopted agricultural zoning.
B. To provide site criteria for the utilization of the county’s wind energy resources. Each wind energy facility will be subjected to individualized review and the imposition of conditions based on site-specific information that will be tailored to address project impacts in accordance with the adopted site criteria. The ultimate goal is to achieve a predictable but sensitive site process that effectively and efficiently addresses project impacts. (Ord. O-03-08 § 4 (part))
17.70.020 Application of standards and criteria.
A. Commercial wind energy facilities are allowed in the zoning districts as shown in Section 17.08.040, District use chart, by conditional use permit (CUP). Projects permitted through this chapter shall comply with the standards of this chapter rather than the general conditional use permit standards and criteria as set forth in Chapter 17.68. Upon satisfying the standards and criteria in this chapter, the wind energy facility shall be considered to be compatible with adjacent and surrounding land uses and other discretionary zoning requirements. Subject to imposition of clear and objective conditions in accordance with this chapter, the wind energy facility shall be deemed to comply with the county’s conditional use permit requirements.
B. Wind turbines greater than one hundred twenty feet in height are considered commercial wind energy facilities, and are subject to the requirements of this chapter. Wind energy facilities and all related and supporting equipment that can generate no more than twenty-five kilowatts, and wind turbines one hundred twenty feet in height or less, are permitted outright and are not subject to the additional requirements of this chapter, so long as the total electrical generation shall not exceed one hundred kilowatts. All other code requirements still apply. (Ord. O-03-08 § 4 (part))
17.70.030 Other applicable requirements.
A. Project applicants will need to comply with other applicable county requirements, such as the critical areas ordinance, environmental review regulations, and building code requirements.
B. Uses Permitted Outright. The following uses are permitted outright, without the need for a conditional use permit, subject to compliance with other applicable code requirements:
1. Noncommercial-Scale Wind Turbines. Wind energy facilities and systems that can generate no more than twenty-five kilowatts, and wind turbines one hundred twenty feet in height or less, with total electrical generation not to exceed one hundred kilowatts. A conditional use permit issued in compliance with all standards and requirements of this chapter shall be required for all noncommercial-scale wind turbines proposed in a facility or project designed for generation over one hundred kilowatts.
2. Temporary uses associated with investigatory work to determine the suitability of the site for energy development, such as meteorological towers. The placement of meteorological towers and other such equipment need not obtain a permit through this chapter. However, all other applicable code requirements apply.
C. All accessory buildings, uses, and structures related and supporting the operation of commercial wind energy facilities, including utilities and utility infrastructure needed for the principal use, shall be considered part of the facility. For purposes of this chapter, accessory uses include any temporary (construction phase) concrete or asphalt batch plant and the mining and utilization of on-site gravel for on-site use only, as necessary for the wind energy facility development, such as for the construction of internal roads. (Ord. O-03-08 § 4 (part))
17.70.040 Review process.
A. Commercial wind energy facilities are allowed by conditional use permit. The conditional use permit will ensure compliance with mitigation measures and conditions of approval developed in accordance with the requirements of this chapter.
B. The project applicant is encouraged to hold one or more informal community meetings within the county to inform the public about the proposed facility.
C. All commercial wind energy facilities will be reviewed by the Adams County planning department (the “department”). The department will develop a recommendation for the board of adjustment, including proposed conditions to be imposed with any CUP. The board of adjustment shall hold a public hearing in accordance with the county’s applicable procedural ordinances for the consideration of the application.
D. In the event of an appeal of the county’s SEPA determination, the appeal hearing shall be conducted by a hearings examiner who is licensed to practice law in the state of Washington and is experienced in presiding over and rendering decisions in quasi-judicial land use hearings and appeals. In such an event, the hearings examiner shall render a final decision on both the SEPA appeal as well as the conditional use permit application. Additionally, the board of county commissioners may, in its discretion, refer a permit application to the hearings examiner for a hearing in circumstances where any party seeks to challenge a county decision or recommendation on procedural grounds, such as appearance of fairness violations. A request for a referral to a hearings examiner may be made by the applicant, the planning director, or by the board of adjustment. The applicant shall be obligated to reimburse the county for the services of the hearings examiner. (Ord. O-03-08 § 4 (part))
17.70.050 Public notice requirements.
A. When an application is deemed complete, the department will post a notice of application in the official county newspaper.
B. Additional public notice specific to the application is required by the county’s SEPA regulations, Chapter 18.04.
C. The public shall be notified of any public hearing in accordance with county procedural ordinance. (Ord. O-03-08 § 4 (part))
17.70.060 Application requirements.
A. The applicant shall complete an application for project review and approval on the form adopted by the department. The application shall include: (1) a location map showing the location of the project area in relation to the surrounding vicinity; (2) a map depicting all study corridors and/or micrositing corridors as described in this chapter; (3) conceptual turbine locations that will be refined during the micrositing process as defined in this chapter, and identified for completion of environmental studies and analysis provided with the expanded SEPA checklist as set forth in subsection B of this section; and (4) all existing residences within one mile of turbine micrositing corridor.
B. Expanded SEPA Checklist.
1. An expanded SEPA checklist shall be submitted to the department. The expanded checklist shall be submitted simultaneously with any other permit applications that may be required from the county; provided, that if the county determines that an environmental impact statement will be required, an expanded checklist will not be required.
2. The expanded checklist shall (in addition to being consistent with the SEPA checklist required in this chapter) provide analysis of impacts to elements of the environment as noted in the SEPA checklist required in this chapter and WAC Chapter 197-11, and explain the measures proposed to avoid, minimize or mitigate those impacts.
3. Site-specific studies for impacts to habitat/wildlife impacts (including avian impacts), cultural resource impacts, and a grading and stormwater management plan complying with applicable local or state best management practices and stormwater quality standards shall be submitted with the expanded checklist.
4. Because additional studies may be required by the department for effective review and siting, a pre-application meeting with a representative from the department is strongly recommended. The level of detail and analysis necessary is dependent on the type of project proposed, its location, and the currently available environmental information and review relevant to the proposal. In general, smaller projects will require less analysis than larger, more complex ones.
5. The expanded checklist shall include sufficient information to adequately describe the proposal and its impacts, including, but not limited to, information regarding the total square footage of buildings to be constructed, the maximum height and number of wind turbines, expected noise generation levels, the location of residences in proximity to the proposed project, the locations and length of new roads and above-ground and below-ground electrical cables and power lines, and transportation impacts.
6. An application for review under this chapter shall not be deemed complete until the information required under subsection (B)(5) of this section is provided. Except for site-specific studies for impacts to habitat/wildlife, upon a clear showing by the applicant that the study is not applicable or is unnecessary, the department may, within its discretion, waive specific application requirements. Such a determination shall be documented in writing in the project file. Should the applicant prepare an EIS, the department may waive all requirements for the submittal of individual studies at the time of application and deem the application complete upon submitting the information required in subsection A of this section.
C. Micrositing Corridors.
1. All terrestrial habitat, critical area assessments, and cultural resource studies required shall be conducted within identified study corridors of sufficient width and dimension to enable comprehensive environmental assessment while allowing flexibility in the final layout. In order to encourage the maximum sufficiency of studies and to enable the maximum flexibility of final layout based upon site-specific attributes, the county shall review and provide written approval of micrositing corridors for all roads, wind turbine locations, and above- and below-ground electrical transmission locations.
2. Actual final locations of wind turbine generators, below-ground electrical cables, and above-ground electrical transmission towers will be established during the micrositing process, occurring after permit review and prior to actual construction; provided, that all such facilities must be sited within the study corridors reviewed and approved by the county. During the micrositing process (when the final, exact locations of the turbines and other project elements and equipment are determined), the applicant will typically balance a number of technical and engineering factors, including limitations posed by the terrain, wind data (speed, wind shear, etc.), wake effects of turbines on others, feasibility of access, setbacks (internally established or based on permit requirements), geotechnical considerations (subsurface conditions), environmental restrictions (avoidance of sensitive habitat), cultural/archaeological restrictions (avoidance of cultural resource sites), telecommunications constraints (line of sight microwave paths), FAA requirements, and other site-specific criteria that are not fully resolved until final engineering is completed. (Ord. O-03-08 § 4 (part))
17.70.070 Development standards and criteria.
A. Setbacks. All setback distances established in this section shall be measured from the closest point of the tower to the closest point of a residence (home).
1. Minimum, Nonwaiveable Residential Setbacks. Wind energy turbine towers shall be sited a minimum of 1.1 times the height of the wind turbine generator away from existing residential structures, measured from the ground to the maximum extent of the turbine blade, regardless of whether the residential structure owner consents to the location.
2. Residential Visual and Aesthetic Setbacks. Visual and aesthetic setbacks are imposed to address wholly local concerns regarding the visual and aesthetic impacts of wind turbine generators. For all nonconsenting, nonparticipating landowners, commercial wind energy turbine towers shall be set back a minimum distance of four times the maximum height of the turbine, measured to the blade tip at its maximum elevation, from the nonparticipating landowner’s residence. In view of the low density, rural/agricultural nature of the zoning districts deemed to be suitable for commercial wind energy facilities, the minimum residential structure visual and aesthetic standard shall be considered sufficient to address any visual and aesthetic impacts.
3. State Noise Standard Compliance. During operations, the project shall comply with applicable state noise standards.
4. Setbacks from Nonparticipating Property Lines. There shall be a minimum distance of 1.1 times the height of the wind turbine generator away from the property line of any nonparticipating landowner, measured from the ground to the maximum extent of the turbine blade.
5. Public roads to be utilized by the applicant shall be identified in the application. A qualified third party engineer shall document road conditions prior to construction and again within thirty days after construction is complete or as weather permits. The applicant shall enter into a county road use agreement for the repair of damage to public roads resulting from project activities after construction.
6. For the purpose of this section, any consents to visual setback distances of less than four times turbine height from nonparticipating residences and less than the minimum setbacks from nonparticipating property lines shall be documented by a fully executed, notarized agreement by the fee title owner, in a format that can be recorded on the affected real property title.
B. Height Limits.
1. Subject to standards imposed by the FAA, height limits are not established for wind turbines, transmission towers, and wind data collecting devices such as anemometers.
2. Building structure height limitations shall be in accordance with the standards established for the applicable zoning district.
C. Site Access and Traffic Management. Prior to commencement of construction, the applicant shall provide the department with a construction-phase traffic management plan.
1. Ingress and egress points shall be located and improved (if needed) in order to assure adequate capacity for existing and projected traffic volumes and to provide efficient movement of traffic, including existing and anticipated agricultural traffic.
2. All applicable governmental permits or approvals shall have been obtained, including access or driveway permits to state or county roads (if needed), construction within state or county highways, and overweight or oversize loads.
3. All-weather access roads (including graveled roads), suitable to handle emergency equipment, shall be provided to within one hundred fifty feet of any built structure or surface activity area.
D. Noise. The facility shall maintain sound levels at project boundaries that are under the maximum levels for the adjacent receiving properties based on the receiving properties’ environmental designation for noise abatement in accordance with state regulations. The facility shall at all times comply with applicable noise control regulations adopted by the Washington Department of Ecology or such other state agency with jurisdiction.
E. Air Quality. All applicable air emission permits shall be obtained and all conditions complied with. The applicant shall revegetate any disturbed areas that are not permanently occupied by the project features. The applicant shall comply with county road standards for dust control and erosion. The applicant shall maintain a water truck on site during construction for dust suppression.
F. Vegetation and Wildlife Construction Limitations. Based upon the information provided in the expanded SEPA checklist, the applicant shall limit construction disturbance by flagging sensitive areas and conduct ongoing environmental monitoring during construction to assure that flagged areas are avoided. The applicant shall develop a reseeding/restoration and weed management plan in consultation with the Adams County weed control board.
G. Overhead Electrical Transmission and Collector Lines. Overhead electrical transmission and collector lines should be constructed consistently with the existing Avian Power Line Interaction Committee (APLIC) recommendations for raptor protection on power lines or such other commonly accepted industry or regulatory standards.
H. Avian and Bat Studies and Requirements. The county shall consider recommended conditions listed in the current, and as amended, Washington State Department of Fish and Wildlife Wind Power Guidelines. However, any recommended conditions taken from the guidelines or recommended by the Department of Fish and Wildlife must be reasonable and objective and address project impacts. The following conditions and requirements shall be mandatory:
1. The applicant shall conduct project pre-assessment studies consistent with the Washington Department of Fish and Wildlife Wind Power Guidelines effective on the date of submitting a complete permit application. Project applicants are further advised to consult with WDFW and local habitat/wildlife experts regarding turbine siting before making final site decisions.
2. The facility shall use bird flight deflectors on guy-supported permanent meteorological towers or use unguyed permanent meteorological towers.
3. The applicant shall assess and monitor raptor nests on site for activity prior to construction and modify construction timing and activities to avoid impacts to nesting raptors. At a minimum, one raptor nest survey during breeding season within one mile of the project site should be conducted to determine the location and species of active nests potentially disturbed by construction activities, and to identify active and potentially active nest sites with the highest likelihood of impacts from the operation of the wind plant. A larger survey area (e.g., a two-mile buffer) is recommended if there is some likelihood of the occurrence of nesting state and/or federally threatened and endangered raptor species (e.g., ferruginous hawk, bald eagle, golden eagle), or if empirical data on displacement impacts may be monitored after construction.
4. A minimum of one full season of avian use surveys is recommended following current state-of-the-art protocols to estimate the use of the project area by avian species/groups of interest during the season of most concern (usually spring/early summer). Additional seasonal data (e.g., fall or winter) is recommended in the following cases: (a) use of the site for the avian groups of concern is estimated to be high relative to other projects, (b) there is very little existing data regarding seasonal use of the project site, and/or (c) the project is especially large. This additional avian use data should be collected to refine impact predictions and make decisions on project layout.
5. The county shall require the applicant to identify and remove all carcasses of livestock, big game, etc., from within the project that may attract foraging bald eagles or other raptors.
6. The CUP shall require the applicant to monitor the project for a minimum of one year following project start-up to estimate bird and bat fatality rates using standard protocol. The applicant shall report bird fatalities observed for the life of the project to WDFW and USFWS on a quarterly basis.
7. The applicant shall form a technical advisory committee (TAC) typically comprised of no more than seven members before project construction and after all permit appeal periods have closed. Representatives of Adams County planning department, Washington State Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, landowners, the applicant, local Indian tribes, and local citizen group(s) with local knowledge of avian use and species shall be invited to participate. The TAC will consider problems and impact mitigation issues and will serve for the life of the project or until TAC members determine that ongoing involvement of the TAC is not meaningful for project operation. The TAC will examine information relevant to assessing project impacts to avian and bat species. The TAC will consider whether further mitigation measures would be appropriate, considering factors such as the species involved, the nature of the impact, monitoring trends, and new scientific findings regionally or at a nearby wind power facility. If appropriate in the TAC’s judgment with respect to the significance of the impact identified, the TAC may recommend mitigation measures. The ultimate authority to implement additional mitigation measures, including any recommended by the project TAC, will reside with the project owner. The TAC’s participation is intended to ensure that monitoring data is considered in a forum in which independent and informed parties can collaborate with the owner to develop appropriate responses.
I. Stormwater. Design and implement stormwater drainage systems in consultation with a professional engineer to ensure that minimal erosion will occur. After construction, monitor the site for erosion on a regular schedule as approved by the Department of Ecology or Adams County, and after large rainfall or snowmelt events, and take corrective action as necessary.
J. Geologic and Flood Hazards. The applicant shall design structural foundations and buildings in accordance with applicable Uniform or International Building Code requirements for the relevant seismic zone. Compliance with all applicable local requirements is required.
K. Water Resources. Water required for on-site use (construction-phase work, restroom facilities and general maintenance) shall be obtained in accordance with state and local requirements.
L. Cultural Resources. The applicant shall complete a cultural resource survey of areas of the project site that will be disturbed temporarily or permanently. During construction, the applicant shall flag and avoid cultural resources, and monitor construction activities to ensure that flagged cultural properties are avoided. The applicant shall train construction workers on the need to avoid cultural properties and procedures to follow if previously unidentified cultural properties, including Indian graves, are encountered during construction. If any previously unidentified cultural resource properties are encountered during construction, the applicant shall cease construction activities in the immediate vicinity of the site pending evaluation by a qualified archaeologist and consultation with the Department of Archaeology and Historic Preservation to identify appropriate mitigation measures such as avoidance or scientific data recovery.
M. Visual Resources.
1. The applicant shall prepare visual simulations of wind turbines from key viewpoints, chosen in consultation with the department.
2. Lighting for security shall be minimized and lighting fixtures shall be directed away from adjacent properties, to the maximum extent practicable. FAA lights shall be minimized to the extent practicable in consultation with the FAA.
3. The applicant shall provide a clean-looking facility free of debris and unused or broken down equipment by storing equipment and supplies off site (post-construction) and promptly removing damaged or unusable equipment from the site.
4. To the extent practicable, and subject to industry standards and requirements to meet the FAA’s daytime lighting and marking standards, the applicant shall chose paint colors and use nonreflective paints to reduce glare.
N. Decommissioning. Prior to commencing operations, the applicant shall prepare a decommissioning plan in a form acceptable to the county. A bond, letter of credit, or other security acceptable to the county is required to ensure proper decommissioning of each turbine and other equipment. The amount of the security shall be determined on the basis of the site-specific conditions affecting the costs of decommissioning, access, depth of foundation, terrain, etc., to include credit for salvage value of the equipment. The timing for supplying the security shall be determined in consultation with the department.
O. Public Safety.
1. The applicant shall develop and maintain an on-site health and safety plan that informs employees and others on site what to do in case of emergencies, including the locations of fire extinguishers and nearby hospitals, telephone numbers for emergency responders, and first aid techniques. Employees shall be trained to address health and safety emergencies, and to safely operate and maintain the turbines and other mechanical equipment.
2. For projects in which hazardous substances are stored or used, a spill prevention and emergency cleanup plan will be designed to assist on-site workers with accidental releases. Any large spill will require emergency response through the local fire department or designated contractor.
3. During project construction and all project welding operations, the applicant shall have a readily accessible water truck and chemical fire suppression materials available on site to allow immediate fire response.
4. The applicant shall provide project staff with cellular or on-site phones to enable timely communication with the fire department and other emergency services.
5. The applicant shall fence site entrances as appropriate and post signs warning of electrical dangers with emergency contact numbers, e.g., phone numbers of emergency responders.
6. The applicant shall monitor the site for evidence of unauthorized use and provide additional security as appropriate. (Ord. O-03-08 § 4 (part))
17.70.080 Compliance with project conditions.
A. Upon providing reasonable notice to the project owner or operator, county officials shall have the right to enter the project site to verify compliance with project conditions.
B. Compliance with project conditions and code requirements is required. In addition to such other remedies available under law, any county department or other decision maker issuing any decision, environmental determination (such as a mitigated determination of nonsignificance), approval, authorization, or other determination, including a determination on the conditions to apply to a particular project under this chapter (“authorization”), shall conduct enforcement activities in accordance with county codes and Washington law. (Ord. O-03-08 § 4 (part))