19-101. The regulations set forth in this Article, or set forth elsewhere in these regulations when referred to in this Article, are the regulations governing the placement and operation of both commercial and domestic Wind Energy Conversion Systems (WECS). The intent of this Article is to allow commercial WECS as conditional uses in the Agricultural (Article 5) District, with any conditional use permit for such use required to comply both with the relevant provisions of this Article and those of Article 26. It is the further intent of this Article to allow domestic WECS as accessory uses in the Agricultural, Countryside (Article 7) and Public Use (Article 12) Districts, subject to compliance with the relevant provisions for such use set forth in this Article.
19-201.
a. Wind Energy Conversion System: The combination of mechanical and structural elements used to produce electricity by converting the kinetic energy of wind to electrical energy. Wind Energy Conversion Systems (WECS) consist of the turbine apparatus and any other buildings, support structures and other related improvements necessary for the generation of electric power from wind.
b. Commercial Wind Energy
Conversion System: A single
Wind Energy Conversion System exceeding 100 kW or exceeding 120 feet in height
above grade, or more than one Wind Energy Conversion System of any size
proposed and/or constructed by the same person or group of persons on the same
or adjoining parcels or as a unified or single generating system. The primary purpose of such system is the
sale, resale or off-site use of electrical power.
c. Domestic Wind Energy Conversion System: A Wind Energy Conversion System consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW, which is less than 120 feet in height above grade and which is intended to primarily reduce on-site consumption of utility power and not primarily for commercial power production.
d. Wind Energy Conversion System
Height: The
distance measured from the ground level at the base of the tower structure to
the highest point on the Wind Energy Conversion System, including the rotor
blades.
e. Blade Glint: The intermittent reflection of the sun off
the gloss surface of wind turbine blades.
f. Ice Throw: Ice build-up that is thrown by spinning
blades.
g. Shadow Flicker: A readily observable, moving shadow cast upon
an observer when the blades of an operating wind turbine pass between the sun
and an observer.
19-301. Development Plan: The application for a conditional use permit for a Commercial Wind Energy Conversion System shall be for all the Agricultural-zoned land within the perimeter of the proposed development and shall include all lands needed to meet all requirements, including setbacks, required within this application. One application, with landowner’s signature, shall be required for each parcel of land located within the perimeter of the proposed Commercial Wind Energy Conversion System.
The application shall consist of the following:
a. Introduction: A written document providing the following
general information on the proposed project:
1. Title
of the project.
2. Two
(2) maps showing project location and vicinity.
One at 1:100,000 scale, and one at 1:2,000 scale (USGS scale).
3. Name
and address of the developer, and phone number and e-mail addresses of a
contact person for the project. A statement from the developer providing
relevant information regarding an overview of the company, qualifications and
experience in Commercial Wind Energy Conversion System development. In addition, the name, address, phone
numbers and e-mail address of the manager of the proposed project.
4. Relevant
background information on the project, including a general overview of the
project location, rationale and need for the project, timeframe and project
life, phases of development, likely markets for the electricity produced, and
possibilities for future expansion.
5. Environmental
guidelines and industry codes of practice that will be followed if approved.
6. Reclamation
Plan.
b. Project Description:
A detailed description of the project and its life span, including the
construction, operation, and decommissioning phases, and any infrastructure and
off-site accessory structures required for the project.
1. A
general description of the major components and on-site facilities of the
Commercial Wind Energy Conversion System, including information on the wind
turbine specifications, transmission line and accessory facilities such as
control rooms, transformers, substations, maintenance facilities, underground
infrastructure, and interior access roads. The number, location, capacity, and
dimensions of the turbines shall also be included.
2. A
description and schedule of major construction activities for the turbines,
transmission lines, and accessory structures.
3. A
description of the proposed site preparation involving removal of vegetation.
4. Estimates
of the quantities of raw materials required for construction activities (sand,
gravel, etc.) and their likely source.
5. The
volume and designated route for traffic generated during the construction
phase, including routes for oversized and heavy equipment, and the proposed
method of providing assurances to the public entities responsible for the roads
of repairs and on-going maintenance to the roads and bridges needed to support
the project.
6. The
designated route for traffic generated during the utilization of the
facilities, including routes for oversized and heavy equipment needed for
maintenance or repairs, and the proposed method of providing assurances to the
public entities responsible for the roads of repairs and on-going maintenance
to the roads and bridges needed to support the project.
7. Operation
and maintenance requirements (including frequency of maintenance activities)
for the turbines and internal transmission lines connecting the individual
turbines within the project and the transmission lines connecting the system to
the “grid.”
8. Width
of transmission line easement required, including access requirements to the
easement and any restrictions necessary on land use, development, and access
within said easement.
c. Site Plan. A Site
Plan with the following specifications shall be submitted:
1. Scale
of 1” = 2000’;
2. Scale
and north point (up);
3. Name
/ address of land owner(s) and land developer(s);
4. Boundaries
of site. This includes boundary of property and boundary of area included
within the requested Conditional Use Permit;
5. Topography
with contours at intervals of 20’;
6. Adjoining
roads, streets, railroads, landing strips and airports;
7. Transmission
lines;
8. All
houses within 1000’ of the site boundary;
9. Acreage
of site; point(s) of access to the project;
Schematic location of turbines, electrical
collection systems, and maintenance roads;
11. Boundaries
of the 100-year floodplain as identified on the Federal Insurance
Administration's “Flood Hazard Boundary Maps” of Kearny County, Kansas.
12. The
location of any underground pipelines and other utility easements.
d. A written report addressing
the items identified in Section 19-302, Performance Standards, as they relate
to Commercial Wind Energy Conversion Systems.
In particular, these should address the following topics:
1. Off-Site
Infrastructure.
2. Overview
of existing environment.
3. Noise.
4. Surface
water.
5. Groundwater.
6. Air.
7. Visual
effects.
8. Ice
throw.
9. Fire
hazard analysis.
10. Communication
interference.
11. A Decommissioning
& Reclamation Plan for the entire site.
12. Proposed measures to mitigate the effects of adverse impacts to the existing environment resulting from the construction, operation and decommissioning of the proposed facility.
19-302. Performance Standards.
a. In
order to receive and maintain a Conditional Use Permit issued in accordance
with the provisions of Article 26 of these regulations, a Commercial Wind
Energy Conversion System shall conform to the following performance standards:
(1) Off-Site Infrastructure. All roads not a part of the primary highway system of the State of Kansas intended to be used by the applicant as a means of ingress and egress to the proposed facility shall be designated on the application. Final approval of the designated roads to be used shall be made a part of the Conditional Use Permit, if approved. A construction and maintenance agreement between the applicant and Kearny County shall be required, unless waived by the Board of County Commissioners. Such agreement shall specify the standards to which such roads will be reconstructed, if necessary, and the standards to which such roads will be subsequently maintained by the owner/operator of the Commercial Wind Energy Conversion System. The agreement shall also specify the form, manner, timing, and frequency of maintenance and upkeep. The responsibility of determining sufficiency of compliance with the road agreement shall be with Kearny County or its designee.
In
addition, documentation shall be provided indicating any proposed changes or
upgrades to electrical substations, existing power transmission systems, or
realignment of other utility systems required to support the project. Acknowledgement from the owners of those
systems shall be provided to prove that they are aware and have reached
agreement with the applicant to provide for those changes and that any
additional approvals required by these Regulations for such expansions have
been or will be made prior to any construction by the applicant or that utility
system.
(2) Overview of existing environment. A system should not be located in areas that
have a strong potential for biological and/or environmental conflicts with a
system. A written description of the
project site location, including an overview of the existing environment that
may be affected by the construction and operation of the project. Said overview shall include information
regarding:
(a) Flora
– vegetation species, endangered and threatened species (officially listed),
critical habitat and habitat conditions for such species.
(b) Fauna
– species, habitat assessment, endangered and threatened species (officially
listed), migratory species, critical habitat and habitat conditions for such
species.
(c) Geoconservation
– sites of geoconservation significance listed on the state/national
database.
(d) Flood
zones.
(e) A map
of the known or mapped archeological, cultural or historical sites or
structures within a mile of the project.
(3) Noise.
A system should not be
located in such proximity to residences or residentially-zoned areas that noise
from the turbines is an intrusion. A
noise report shall be prepared that identifies current decibel levels
surrounding the project site and the decibel levels and source noise if
development occurs. Any proposed
increase in noise levels on residential properties within ¼-mile of the project
shall be indicated and mitigation plans identified.
(4) Surface water. Water Quality Standards utilized for
construction sites in Kansas under the requirements of the Clean Water Act
shall be in effect during all construction, operation and maintenance of all
facilities in the project, including using appropriate methods to mitigate
impacts.
(5) Groundwater. The project must be consistent with the
objectives and requirements of all relevant water management policies of the
county and state. The following issues
shall be addressed by a hydrologist licensed by the State of Kansas:
(a) Protection
of the quality and quantity of the area’s groundwater resources.
(b) Maintenance
of groundwater quality.
Preparation of a hydrology survey of the property
within the project.
(6) Soil Erosion. Construction, operation and decommissioning
shall be done in a manner so as to minimize soil erosion. Facilities should avoid steep or erodable
slopes, and the number and width of roadways and construction staging areas
should be kept to a minimum.
(7) Air.
Dust emissions control measures shall be utilized during
construction phase and from all access roads that impact all non-agricultural
uses, including farm residences, during the life of the project.
(8) Visual Effects. The following standards shall apply:
(a) Systems
shall use non-reflective, neutral-color finishes. All towers and blades shall bear only limited
markings for names of manufacturers or logos or similar identifying markings of
the owners of the system.
(b) The
layout of the system shall be such to eliminate shadow flicker and blade glint
from impacting on public roads and mitigate any such impacts on residential
structures within the vicinity of the system.
(c) All
lighting necessary to comply with the FAA lighting requirements shall be
installed on the minimum number of structures to comply with the requirements
and shall consist of dual lighting structures with daytime strobe lights on
medium intensity and nighttime red lights only.
No high intensity strobes or nighttime strobes shall be permitted.
(d) No
telecommunications dishes, antennas, cellular telephone repeaters, or similar
devices shall be attached to towers.
(9) Ice Throw. All tower structures shall be located such
that the maximum potential distance of ice throw from any individual structure
shall be on the land owned by the leasor on which the structure is
located. Specific documentation shall be
provided to quantify the basis of the distance assumed and shall be included
with the application materials. Ice
throw shall not be allowed onto public roads or adjoining property.
(10) Fire Hazard Analysis. Specific measures shall be documented to
assure that risks from fire caused by any individual structure shall be
minimized. These include redundant
mechanical equipment to shut down any rotor suffering from high heat from
internal failure, and safety plans to be utilized during construction and
maintenance.
In
addition, mitigation plans are to show how the towers and equipment are
protected from fire originating from outside the site,
especially in the event of a fire originating from a controlled burn or other
source that might encroach into the project area.
(11) Communication Interference. Provide documentation regarding the risk
of interference to other communication signals (radio, television, microwave,
radar) and actions to mitigate potential adverse effects.
(12) Environmental Assessment and Mitigation. Provide
an environmental assessment of the potential adverse impacts from the proposed
development and measures to be taken to mitigate such impacts. The assessment and mitigation plan must
include the following:
(a) Impact
on wildlife and wildlife habitat both on the site and in a biologically
significant area surrounding the site.
(b) Impact
on any endangered or threatened species on the site and in a biologically
significant area surrounding the site.
(c) Impact
on avian population, including migratory birds.
(d) Impact
on flora on the site and in a biologically significant area surrounding the
site.
(e) Impact
of the development on soil erosion.
(f) Impact
of the development upon quality of groundwater and surface water in the area.
(g) Impact
on historic, cultural and archaeological resources in the area.
(13) Decommissioning and Reclamation/Abandoned Towers. Approval of the Conditional Use Permit for a Commercial Wind Energy Conversion System shall be accompanied by a letter of credit, cash escrow account or surety bond or other means of financial assurance of a form, and in an amount, approved by the Board of County Commissioners as reasonably necessary to pay for the cost of decommissioning the facility and reclaiming the site to its pre-construction condition. The purpose of this financial assurance is to assure removal of all improvements subject to permit in the event of abandonment of the facility, and reclamation of the site. Decommissioning shall include the requirement that all equipment shall be removed from the site, the foundations shall be removed to a depth of four (4) feet below the ground surface, access roads removed to the landowners satisfaction, and the ground restored to the condition specified in the reclamation plan. Access roads may be maintained if so requested by the landowner(s) and not included within the reclamation requirements.
An
individual turbine shall be considered to have been abandoned when the turbine
is incapable of producing more than 20% of the average amount of electricity
produced by such turbine in comparable previous time periods (adjusted for
actual wind conditions), as determined by the Zoning Administrator, for a
period of at least six consecutive months and there is no demonstrated visible
plan to restore the equipment to operating condition. An entire project shall be considered to have
been abandoned when at least 50% of the individual turbines have not produced
electricity for a period of at least six consecutive months and there is no
demonstrated viable plan to restore the equipment to operating condition. An extension of the six-month time period may
be granted by the Board of County Commissioners upon the presentation of
sufficient justification by the project owner.
19-303. County Review of Adequacy of Application. In making its review of an application for a conditional use permit the County may (a) rely upon the information as submitted by the applicant, (b) supplement the information submitted with additional analysis and/or certification by qualified sources, the cost of which may be assessed back to the applicant, or (c) advise the applicant, prior to its submission of the application, that certain analysis and study will be performed by a qualified party selected by the County with the reasonable costs so incurred to be assessed to the applicant as part of its application fee.
19-304. Monitoring and Review. Each approved Commercial Wind Energy Conversion System shall provide a monitoring, review and reporting program for each part of the project to confirm compliance with the above listed performance standards. At the time of application, a written report shall be submitted detailing the proposed pre-construction monitoring/studies, sites to be sampled, sampling procedures, the parameters to be analyzed, frequency of sampling and reporting. A site plan showing sampling locations is also required.
19-305. Additional Conditions. A Commercial Wind Energy Conversion System shall meet the following requirements:
a. Strict conformance to all relevant performance standards set out in the Kearny County Zoning Regulations. The requirement for construction to begin within one (1) year may be extended by the Zoning Administrator to 18 months on written request by the applicant showing that circumstances beyond their control have prevented the applicant from obtaining a building permit.
b. Wind Energy Conversion System shall meet the following setback requirements:
1. The height of the Wind Energy Conservation System plus 50 feet from the edge of the rights-of-way of all public roads.
2. A distance equal to twice the Wind Energy Conversion System height from a residential structure.
3. A distance of 2,000 feet from any property line for property not subject to the conditional use permit. If the applicant provides written consent, satisfactory to the Zoning Administrator, from all owners of record of land and all residents residing on such land which is within such 2,000 foot distance but not less than 1,000 foot distance from the boundary of the proposed conditional use permit, the 2,000 foot setback may be reduced by an area no greater than the area corresponding to such consent. However, regardless of such consent in no event shall a setback of less than 1,000 feet from such property line be allowed.
4. A distance of at least 300 feet from another tower.
c. All communication lines and power collection lines shall be installed underground, under or at the edge of the access roads. Aboveground transmission lines may be used only in public rights-of-way or easements.
d. The applicant shall apply for a building permit for each Wind Energy Conversion System structure and shall do so prior to commencing construction.
e. The lowest point of the rotor blades shall be at least 50 feet above ground level at the base of the tower.
f. No significant quantities
of lubricants shall be kept on site. No
hazardous materials shall be kept on site.
g. The permit holder shall maintain continuous liability insurance coverage in an amount not less than $1,000,000.00 with the County named as an additional insured. In lieu of such coverage the permit holder may provide an indemnification agreement satisfactory to the County.
h. Maximum height of 350 feet above grade. Greater height, but not to exceed 400 feet above grade, may be permitted if the applicant can satisfactorily demonstrate that increased height will result in increased energy efficiency, thereby reducing the total number of turbines in the project.
19-401. As an Accessory Use in the Agricultural District. In the “A” Agricultural District domestic WECS are allowed as an accessory use.
a. Domestic wind energy conversion systems. The following conditions and restrictions shall apply to domestic wind energy conversion systems:
1. Minimum parcel size. No system shall be located on a parcel of less than 20 contiguous acres.
2. Density. No more than one (1) system shall be located on each 20 acres of a parcel.
3. Spacing. No system may be located within 300 feet of another domestic system or a commercial wind energy conversion system.
4. Setbacks. Every system shall meet the following minimum setbacks:
(a) A setback from the nearest property line a distance equal to twice the height of the system, including the rotor blades.
(b) A setback from the nearest public road right-of-way a distance equal to the height of the system, including the rotor blades, plus an additional 50 feet.
5. Blade height. The lowest point of the rotor blades shall be at least 50 feet above ground level at the base of the tower.
6. Tower height. A maximum of 100 feet.
19-402. As an Accessory Use in the Countryside and Public Use Districts. In the “CS” District and the “P” District domestic WECS are allowed as an accessory use.
a. Domestic wind energy conversion systems in the “CS” Countryside and “P” Public Use Districts. The following conditions and restrictions shall apply to domestic wind energy conversion systems:
1. Minimum lot size. No system shall be located on a parcel of less than 20 contiguous acres.
2. Density. No more than one (1) system shall be located on each 20 acres of a parcel.
3. Spacing. No system may be located within 300 feet of another system or a commercial wind energy conversion system.
4. Setbacks. Every system shall meet the following minimum setbacks:
(a) A setback from the nearest property line a distance equal to twice the height of the system, including the rotor blades.
(b) A setback from the nearest public road right-of-way a distance equal to the height of the system, including the rotor blades, plus an additional 50 feet.
5. Blade height. The lowest point of the rotor blades shall be at least 50 feet above ground level at the base of the tower.
6. Tower height. A maximum of 100 feet
7. Advertising. No advertising signs of any kind shall be located on the system.