§ 3-2. Permit application information.
Changes to the pending application that do not materially alter the initial site plan may be adopted administratively. The application for a Large System or Utility-scale Wind Energy Facility shall contain at least the following information:
3-2.1.
Summary: A narrative overview of the project, including the generating capacity of the Wind Energy Facility.
3-2.2.
Inventory: A tabulation describing the:
A.
Specific number, types, and height of each wind turbine to be constructed, including their generating capacity.
B.
Dimensions and respective manufacturers.
C.
Appurtenant structures and/or facilities.
3-2.3.
Vicinity Map: Identification of the property on which the proposed Wind Energy Facility will be located.
3-2.4.
Site Plan: A plan showing the:
A.
Planned location of each wind turbine.
B.
All property lines within one mile of the property lines of the proposed site.
C.
Setback lines.
D.
Access road and turnout locations.
E.
Substation(s).
F.
Electrical cabling from the Wind Energy Facility to the substation(s) and from the substation(s) to where the electricity will leave the site.
G.
Ancillary equipment, buildings, and structures, including permanent meteorological towers.
H.
Associated transmission lines.
I.
Conservation Areas, including natural areas protected by law, such as wetlands that meet the definition in the Clean Water Act; shore land areas; water bodies; riparian buffers; populations of endangered or threatened species, or habitat for such species; archaeological sites, cemeteries, and burial grounds; important local historic sites; existing healthy, native forests consisting of at least one acre of contiguous area; individual existing healthy trees that are at least 100 years old; other significant natural features and scenic viewsheds; existing trails or corridors that connect the tract to neighboring areas.
J.
Location of all structures and properties within the geographical boundaries of any applicable setback.
K.
A landscaping plan that shows proposed screening and buffering of all buildings and other non-tower structures on the site or sites.
3-2.5.
Environmental Impact Study: For Utility-scale Wind Energy Facilities, an Environmental Impact Study (EIS) shall be submitted that includes review comments from all applicable state and federal agencies, including at least the:
A.
N.C. Department of Environment and Natural Resources,
B.
N.C. Department of Health and Human Services,
C.
N.C. Department of Transportation,
D.
N.C. Wildlife Resources Commission,
E.
U.S. Fish and Wildlife Service, and
F.
U.S. Army Corps of Engineers.
The EIS shall cover, at a minimum, the potential impacts on the human population (such as audible and inaudible sound, shadow flicker and blade glint, viewsheds, blade throw, hurricane resistance, etc.), as well as the animal populations, migratory areas used by waterfowl, the location of any and all air routes recognized by the FAA and/or established by any agency of the Department of Defense, land, and water (including impacts on groundwater resources due to foundations, pilings, etc.), and air. The study area shall include at least the two miles surrounding the proposed wind turbines.
The Applicant shall provide the County with an Escrow Account (as referenced in Section 3-4) to cover all costs and expenses incurred related to the Environmental Tests for the Wind Energy Facility (WEF). The County shall use Escrow Account funds to hire independent qualified experts, as needed, to conduct the tests specified below:
1.
The location of any of the following found within the confines of, or within one mile from the perimeter of, any proposed WEF shall be identified: open drainage courses, streams, vernal pools, wetlands, and other important natural areas and site features, including, but not limited to, floodplains, deer wintering areas, Essential Wildlife Habitats, Significant Wildlife Habitats, Scenic or Special Resources, habitat of rare and endangered plants and animals, unique natural areas, sand and gravel aquifers, wells, and historic and/or archaeological resources, together with a description of such features.
2.
Pre-construction and post-construction field studies shall be conducted using the most advanced techniques available. Independent experts shall be chosen by the County and funded through the WEF Escrow Account. If the pre-construction field studies demonstrate significant adverse effect to birds, bats, game animals, water resources, or habitat fragmentation, the County and the WEF Applicant (includes Owner or Operator) shall develop an appropriate mitigation plan. It is acknowledged and accepted by the Applicant that some environmental impacts cannot be satisfactorily mitigated and that some of those projects will not be approved.
3.
In determining the nature and effectiveness of such mitigation plans, the County will be guided by its own consultants, the appropriate state and federal agencies, and applicable state and federal laws and regulations. The WEF Applicant will be responsible for the full cost of implementing the mitigation plan under the supervision of the County and its designated agents.
4.
After implementation of any mitigation plan, the County will review the plan to determine its effectiveness. Should the County find the mitigation efforts inadequate, the WEF Applicant will be given 60 days from that finding, to resolve the deficiencies. In the absence of a successful resolution, the County (at its discretion) shall have the right to: deny the WEF Permit.
5.
The Applicant must provide a written memorandum from the appropriate state and federal agencies detailing their assessment of the proposed WEF.
6.
The Applicant must demonstrate, to the satisfaction of the County, that the proposed WEF will not have an undue adverse effect on the proposed sites geological stability, surface or subterranean water resources, rare, threatened, or endangered wildlife, Significant Wildlife Habitat, Essential Wildlife Habitat, Raptor Habitat, threatened or endangered plants and rare and exemplary natural plant communities and ecosystems, and will not substantially increase storm water runoff.
7.
The Applicant must provide a cumulative-impact assessment of the proposal in the context of other WEFs in the region, including migratory bird, bat and large mammal corridors, and demonstrate that the WEF is not located in an area that will result in degradation of important wildlife corridors.
3-2.6.
Ancillary Materials: Other relevant studies, reports, certifications, and approvals as may be reasonably requested by Carteret County to ensure compliance with this Ordinance.
3-2.7.
Decommissioning Plan: A description of how the structural and turbine materials will be disposed of and how the site will be restored, as well as:
A.
Anticipated life of the wind energy facility.
B.
Estimated decommissioning costs (in current dollars), as provided by an appropriate licensed engineer, including contingency costs of at least ten percent.
C.
Method for ensuring that funds will be available for decommissioning and restoration as set forth in Section 3-8.
D.
A verifiable means of determining if the decommissioning plan needs to be activated due to abandonment, such as a letter from the electric utility stating that it will notify the Planning Department within 10 (ten) business days if electricity is not received from the Wind Energy Facility for any 30 (thirty) consecutive days.
3-2.8.
[Signature(s):] The signature(s) of the property owner(s) and the facility owner/operator.
3-2.9.
Stand-down Plan: The applicant shall certify that the proposal is for an International Electrical Congress (IEC) Class S wind turbine that is designed or will be designed to meet the NC Building Code. A Stand-down Plan for High Wind Conditions shall be included, along with any other materials needed for the certification.
3-2.10
Potential Impacts on Property Values : Applicant shall provide with their application competent evidence that the proposed project will not degrade or diminish values of surrounding real properties within one mile of the property lines of the property on which the project is located.
3-2.11.
[Scenic Route or By-way:] If any portion of a proposed Large System or Utility-scale wind energy facility is to be located within 2,000 feet of the right-of-way of any Federally-designated or State-designated Scenic Route or By-way, the applicant shall describe the proposed measures to be taken to minimize the visual impact of the proposed facility (including shadow flicker and blade glint) upon a Scenic Route or By-way.
3-2.12.
Air Space Impacts:
A.
If any portion of a proposal will be more than 200 feet tall, the applicant shall provide a copy of a FAA determination as a result of filing the FAA Form 7460-1, Notice of Proposed Construction or Alteration of an Object that may Affect the Navigable Airspace.
B.
If any portion of a proposal will be located within 20,000 feet of the runway surface of the Michael J. Smith Airport, Bogue Airfield, and/or Atlantic Field, the applicant shall provide a copy of a FAA determination as a result of filing the FAA Form 7460-1 plus demonstrate compliance with the County's Airport Height Ordinance.
C.
The applicant shall establish to the satisfaction of the Planning Commission that the proposal will not adversely impact the restricted air space in Carteret County, particularly as it relates to the flight paths to and from MCAS Cherry Point, Bogue Field, Atlantic Field, Bombing Ranges PT 9 and BT 11, Seymour Johnson AFB, Camp Lejeune, and/or New River Air Station.
D.
Any application submitted hereunder shall be forwarded to the Commanding Officer, Marine Corps Air Station Cherry Point, in order to provide for review and comment concerning any possible impacts on the operations and mission of Marine Corps Air Station Cherry Point, and no application submitted hereunder shall be deemed completed until such time as said review is completed and such comments are received.
E.
The applicant shall provide a narrative description of all risks to:
1.
Civil air navigation and
2.
Military air navigation routes, military air traffic control areas, military training routes, military special-use air space, military radar or other potentially affected military operations, and shall further include documentation that addresses any potential adverse impact on military operations and readiness as identified by the Department of Defense clearinghouse and any mitigation action agreed to the by the applicant.
F.
That the applicant provides evidence that the radar coverage for Michael J. Smith Airport is not degraded or diminished.
3-2.13.
Maintenance Plan: The Applicant shall detail the triennial, storm follow-up, and non-scheduled maintenance actions that will be taken to keep the Wind Energy Facility operating quietly, efficiently, and non-polluting of the land, water, and air, including (but not limited to) the minimization of loud or high-pitched sound, low frequency sound or vibration, blade glint, and fluid leaks.
The Applicant shall conduct preventive maintenance inspections at least once every 5 (five) years and after any wind event defined as a tropical storm or Category 1-5 Hurricane. Each inspection shall look for such things as metal fatigue, nut loosenings, and other potential failures that might impact the public health and safety, as well as the items detailed in the Maintenance Plan. Such inspection reports shall be provided to the Planning Director or designee within 30 (thirty) days of the inspection.
3-2.14.
Noise Impacts: No Large System or Utility-scale wind energy facility or any generators, equipment, or apparatus shall produce noise above 35 decibels for more than 5 (five) consecutive minutes, as measured at any property line. Each such occurrence shall be a separate violation of this Ordinance and the penalties shall be cumulative.
If noise levels exceed 35 decibels for more than 48 (forty-eight) consecutive hours, as measured at any property line, the applicant and/or owner shall shut down the wind energy facility within 1 (one) business day of being informed to do so by the Planning Director or designee. The facility shall remain shutdown until it can be demonstrated to the satisfaction of the Planning Director or designee that the facility can be operated so as to not exceed 35 decibels for more than 5 (five) consecutive minutes, as measured at any property line.
If noise levels exceed 80 (eighty) decibels for more than 24 (twenty-four) consecutive hours, as measured at any property line, the applicant and/or owner shall shut down the wind energy facility within 1 (one) business day of being informed to do so by the Planning Director or designee. The facility shall remain shutdown until it can be demonstrated to the satisfaction of the Planning Director or designee that the facility can be operated so as to not exceed 80 (eighty) decibels for more than 24 (twenty-four) consecutive hours, as measured at any property line.
3-2.15.
Visual Impacts: If warranted, as determined by the Planning Director or designee, the applicant shall furnish a visual impact assessment to the Planning Commission, which shall include:
A.
A computer-generated "zone of visibility map" covering at least a one-mile radius from the proposed facility shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage
B.
Pictorial representations of "before and after" views from key viewpoints inside of the county as may be appropriate and required, including, but not limited to, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents.
Guidance will be provided concerning the appropriate key sites. The applicant shall provide a map showing the locations of where the pictures were taken and the distance of each location from the proposed facility.
C.
The Applicant shall not install any lighting that exceeds the minimum required by the FAA. Where alternatives to strobe lighting are available from the FAA, strobe lighting shall be the last resort and only if required by the FAA.
3-2.16.
Impacts on surrounding Communities: If the proposed wind energy facility is within three miles of a municipality or county, written notification of the application shall be provided by the Applicant to the legislative body of each, with copies of each to the Planning Department.
3-2.17.
Standards for Planning Commission Decision: The Planning Commission will normally approve an application but it may disapprove an application for any of the following reasons:
A.
Conflict with safety and safety-related codes and requirements.
B.
The use or construction of a wind energy facility that is contrary to an already-stated purpose of a specific zoning or land use designation.
C.
The placement and location of a wind energy facility that would create an unacceptable risk to residents, the public, employees, and agents of the county, or employees of the service provider or other service providers, including Noise Impacts; Visual Impacts; Impacts on surrounding Communities; and/or adverse impacts identified in an Environmental Impact Statement.
D.
The placement and location of a wind energy facility would result in a conflict with, or compromise or change in, the nature or character of the surrounding area.
E.
Conflicts with the provisions of this Ordinance.
F.
Failure to submit a complete application as required under this Ordinance, including an incomplete or inadequate (as determined by the Planning Commission) Decommissioning Plan, Stand-down Plan, Maintenance Plan, and/or Road Analysis.
G.
Conflicts, as determined by the Planning Commission, with the Military's unrestricted ability to use the Restricted Air Space above Carteret County, including no flight hazards and/or use limitations.
In addition, the Planning Commission will consider whether construction or operation of the proposed wind energy facility would encroach upon or would otherwise have a significant adverse impact on the mission, training, or operations of any major military installation or branch of military in North Carolina and result in a detriment to continued military presence in the State. In its evaluation, the Planning Commission will consider whether the proposed wind energy facility would cause interference with air navigation routes, air traffic control areas, and military training routes.
3-2.18.
Planning Commission Decision: The approval by the Planning Commission shall be valid for a period of 2 (two) years. Prior to the expiration of such approval, the Owner or Agent of the Wind Energy Facility may submit an approval extension application for up to an additional 2 (two) years.
Such approval extension application shall be accompanied by the appropriate fees and a letter explaining the reasons that would justify an approval extension, rather than allowing the approval to lapse. The Planning Commission may not approve more than 2 (two) extensions.
(Ord. of 11-18-13; Ord. of 2-10-14)