November 30, 2010 Mary Reilly Mason County Zoning and Building Director 102 E. 5th Street Scotville, Michigan 49454 RE: Zoning Ordinance Text Change Dear Ms. Reilly, Please ?nd enclosed the following materials: Application for Mason County Zoning Ordinance Text Amendment List of property owner applicants Wording for requested text amendment Check for application fee of $650 for immediate processing of amendment request The attached text amendment to Article 17, Section 17.70 Utility Grid Energy Systems I 17.71 On Site Wind Energy Systems is requested by the property owners listed on the application and attached list of owners. Please note that we have used the exiting Mason County Ordinance language as published per today?s date which does not include the most recently approved text amendment for MET towers. On the attached text change proposal: Wording marked thusly wording?tebe?struck is to be deleted. Wording in red is to be added to the ordinance Wording in black is existing ordinance text to remain Wmding in blue indicates descriptive notes explaining the reasons for the text amendment and is not part of the wording to be included in the ordinance The requested text change is being made to protect the health, safety, and welfare of Mason County residents. The requested text change is the minimum required to protect the health, safety, and welfare of Mason County residents. We respectfully request your immediate consideration and approval of our proposed text amendment to the Mason County Zoning Ordinance. Sincerely, . x! velyn B?rgaila 2908 West Meisenheimer Rd. Ludington, Ml 49431 Phone: 231-690-5255 ,7 P a g e    1    Section 17.70 Utility Grid Wind Energy Systems 1. All conversion systems shall be equipped with manual and automatic overspeed controls to limit rotation of blades to speed below the designed limits of the conversion system. The certified registered engineer and authorized factory representative shall certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanied by a certified registered engineer's and the authorized factory representative's statement of certification. 2. All electrical compartments, storage facilities, wire conduit and interconnections with utility companies will conform to national and local electrical codes. 3. A visible warning sign of "High Voltage" will be placed at the base of all conversion systems. The sign shall have at a minimum six (6) inch letters with 3/4-inch stroke. This sign shall include a 24 hour emergency phone number. 4. All towers or poles must be unclimbable by design or protected by anti-climbing devices such as: a. Fences with locking portals at least six (6) feet high; b. Anti-climbing devices twelve (12) feet from base of pole; 5. Tubular towers are required. 6. Engineering data concerning construction of the tower base must be submitted with an application and site plan. The base of the wind turbine must be constructed in such a manner that upon removal of said tower, the soil will be restored to its original condition to a depth of 4 feet. 7. “Up wind turbines” are required. 8. Constant velocity turbines are preferred. Variable speed turbines must submit additional data concerning noise when their revolutions per minute exceed 25 rpms. The Wind Turbine Developer shall set lower end cut-in speeds so as to minimize noise impacts. (Note: At the low end of the wind speeds that can turn a turbine, the efficiency of producing electricity can be very low; however wind turbine noise is created that carries more readily to adjacent residents because there is little ambient noise at the ground level. Our proposed text amendment has the developer setting the wind-turbine cut-in speed at a higher wind speed in order to limit the noise created at times of low ambient noise.) 9. Visual appearance and its impact on nearby dwellings will be limited by using muted colors, industry standard that minimizes visibility, and by using turbines that are consistent in their appearance. 10. No advertising of any kind shall be allowed on the wind turbine. 11. The electrical wires used to connect the turbine tower to its step-up transformer shall be installed at a depth of 48 inches or more below ground. 12. At the time of application, data from the Michigan DNR must be included that shows migratory routes, nesting sites and or feeding areas of protected avian species indigenous to Michigan and its neighboring states. Data shall be included that shows migratory routes of bats and nesting sites of bats. Applicant shall mitigate impacts to bat species including shutting down wind turbine activity during times of bat migration. (Note: Wind turbines pose a threat to bat populations especially during migration.) 13. The compatibility of the tower structure with the rotors and other components of the conversion systems shall be certified by a certified, registered engineer and by the authorized factory P a g e    2    representative. In addition, the lowest point of the blade shall be a minimum of thirty (30) feet above the ground. 14. Height and Setback Requirements. a. Wind energy generators may exceed the height limitations of the zoning district in which they are located, subject to the limitations provided in this subsection 14. (Note: The proposed 1 ¼ mile setbacks in Items 14. b. and c. below are to properties lying outside of the wind turbine boundary. This setback of 1 ¼ mile is the minimum distance recommended to deter impacts from wind turbines on non-participating property owners. The wind turbine development can be built while respecting these setbacks if the wind turbine developer acquires the necessary property easements either through negotiating payments for easements with small property owners who have currently been passed over by the developer or by buying out property owners who do not wish to live in wind turbine projects. By accumulating the proper easements, a cohesive wind turbine community can be created instead of creating conflict between participating and non-participating land owners.) b. In the case of a “pooling of parcels,” no wind turbine generator shall be located such that the distance between the center of the base of the tower and any outside boundary line of the area comprising the special land use in which the pooled parcels are located is less than two times the height of the wind turbine generator one and one quarter (1 ¼) miles, as measured from the ground at the center of the base of the tower to the highest reach of the blade. c. In the case of a single (unpooled) parcel, no wind turbine generator shall be located such that the distance between the center of the base of the tower and any property line is less than two times the height of the wind turbine generator one and one quarter (1 ¼) miles, as measured from the ground at the center of the base of the tower to the highest reach of the blade. d. No wind turbine generator shall be located such that the distance between the center of the base of the tower and the nearest point of any existing building designed or used for human occupancy or assembly (including but not limited to a dwelling, school, foster care facility, church and the like) is less than two times the height of the wind turbine as measured from the ground at the center of the base of the tower to the highest reach of the blade. e. No wind turbine generator shall be located such that the distance between the center of the base of the tower to the nearest point of any existing building or structure that is not designed or used for human occupancy or assembly (including but not limited to a garage, other accessory building, barn, storage building and the like) or road right-of-way is less than one and one half times the height of the wind turbine generator, as measured from the ground at the center of the base of the tower to the highest reach of the blade. f. No wind turbine generator shall be located such that the distance between the nearest point of the blade (while in rotation) and the nearest boundary line of any individual land parcel comprising the pooled parcel is less than 50 feet; provided, however, that the Planning Commission may approve a lesser setback distance if written consents for such lesser distance are obtained from the owners of all lands located, in whole or in part, within one rotor-diameter of the wind turbine generator measured from the center of the base of the wind turbine generator. In determining whether such lesser setback may be approved, the Planning Commission shall consider the technical needs of the applicant, the feasibility of alternate locations, the nature and proximity of nearby buildings and structures, and the potential for adverse impacts that noise, shadow flicker, and other features may have on adjacent land uses. g. All wind turbine generators shall fully comply with Article XV Airport Overlay District. 15. The certified registered engineer and authorized factory representative shall certify that the construction and installation of the conversion system meets or exceeds the manufacturer's construction and installation standards. P a g e    3    16. Maintenance and Operation. a. A wind energy system must be maintained and kept in good working order or shall be removed by the owner of the wind energy system. Any wind energy system, or part of a wind energy system such as a wind turbine generator, that has not produced electrical energy for 12 consecutive months shall be deemed to be abandoned; provided, however, that the owner or operator of the wind turbine may apply to the Planning Commission, not less than three months prior to the expiration of said 12-month period, for one additional extension of up to twelve months upon establishing, to the satisfaction of the Planning Commission, that the lack of production was caused by reasons beyond the control of the owner or operator. In determining whether such abandonment has occurred, the Planning Commission or County Zoning Administrator may request, and the operator, system owner, or property owner shall provide written documentation accurately indicating the amount of electrical energy produced by the wind energy system during said 12-month period. It shall be the obligation of the wind energy system owner to remove the abandoned wind energy system. i. To ensure that an abandoned wind energy system is removed, a performance bond or letter of credit, in an amount determined by the Planning Commission to be sufficient to cover the entire cost of removal, shall be submitted by the applicant prior to the issuance of the special land use. To assist the Planning Commission in determining the amount of the performance bond or letter of credit, the applicant may submit information regarding the estimated cost to remove a wind energy system. ii. The performance bond or letter of credit shall be conditioned upon the timely and faithful performance of the requirements of this ordinance and the special land use. The performance bond or letter of credit shall remain in effect for the duration of the special land use. The amount of the performance bond or letter of credit shall be adjusted at least every three years to reflect changes in the estimated cost of removal, based on the most recent inflation index for the cost of comparable services, as published by the U. S. Bureau of Labor Statistics, or other applicable federal agency or other commonly accepted index. iii. If the wind energy system owner fails to remove the wind energy system as required by this Section, then the County is entitled to use the proceeds from the performance bond or letter of credit to have the wind energy system removed. Such removal by the County shall not relieve the owner of the wind energy system from its removal obligation. b. A condition of the performance bond or letter of credit shall be written notification by the issuing company or institution to the County Zoning Administrator when the performance bond or letter of credit is about to expire or be terminated. c. The wind energy system owner or operator shall provide the County Zoning Administrator with a copy of the yearly maintenance inspection. d. Failure to keep the performance bond or letter of credit in effect while a wind energy system or weather testing tower is in place will be a violation of the special land use approval. If a lapse in the performance bond or letter of credit occurs, the County will use all available remedies including revocation of the special land use approval. 17. Noise levels. a. The noise level measured at the external property line of an unpooled (single) parcel on which the wind energy system has been installed or at the external property line of the pooled unit (as defined in subsection 19 hereof) shall not exceed 55 decibels. If the ambient sound pressure level exceeds 55 decibels, the standard shall be ambient dB(A) plus 5 dB(A). After installation of the Utility Grid wind energy system, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. P a g e    4    b. Documentation of sound pressure level measurements shall be provided, at the expense of the applicant, to the local government within 90 days of the commencement of the commercial operation of the project. c. The applicant shall submit all of the following data at the time of the application that clearly demonstrates that the placement and design of the wind turbine(s) can meet or not exceed the prescribed noise levels. i. Wind Rose Chart. This is a chart or graph that describes 12 months of wind data collected from the proposed parcel. This graph or chart will demonstrate direction, duration, and intensity of the wind for the entire parcel (pooled or not). ii. Site Plan. Site plan to scale that shows the relationship of all dwellings at the external property lines of the proposed wind turbine(s) parcel. iii. Sound chart or sound data. Sound chart or sound data that shows the sound level in decibels at the base of the turbine tower and at the nacelle. In addition, the reduction of noise of the specific wind turbine, up to and including, 7 rotor diameters away from the base of the wind turbine shall be included. Modeling and analysis shall conform to the IEC 61400 and ISO 9613. d. Sound Pressure Mediation. Should an aggrieved property owner call into question the sound pressure level of a wind tower, the aggrieved property owner shall follow the following procedure: i. Notify the County in writing regarding concerns about sound pressure and ask the County to perform a sound pressure test at the aggrieved owner’s property line. ii. The County will request the aggrieved property owner deposit funds in an amount sufficient to pay for a sound measurement test according to the specifications of 17.4817.a. iii. If the sound test indicates that the sound pressure level is within ordinance guidelines, the County will use the deposit to pay for the sound pressure test. iv. If the wind tower owner is in violation of the ordinance sound standards, the tower owner shall reimburse the County for the sound pressure test and take immediate action to bring the wind tower into greater compliance which may include ceasing operation of the wind turbine until ordinance violations are corrected. The County will refund the deposit to the aggrieved property owner. Note: Noise studies show that residents living near wind turbine developments are impacted by both high frequency and low frequency noise. At an increase of 5 dB over the ambient noise level, adverse health effects are clearly noticeable and the adverse health risks from noise increase. The following recommended wording establishes maximum allowable noise levels at property lines of nonparticipating owners, establishes definitions of terms for measurement, establishes the method for measuring existing ambient sound levels, establishes the required information for siting wind turbines with regard to exterior property lines, and establishes a complaint resolution process in which the wind turbine developer is financially responsible for payment of sound studies. The initial items 1 – 10. identify wind turbine noise issues and adverse health effects and cite references for each noise issue. It is the required purpose of the Mason County Zoning Ordinance to regulate Wind Energy Systems (WES) to promote the health, safety, and general welfare of the citizens of the County and to establish reasonable and uniform regulations for the operation thereof so as to control potentially dangerous effects of these Systems on the community including impacts from noise. This section particularly regulates noise impacts from a WES. The following components of wind turbine noise and impacts are recognized and regulations are defined in this ordinance for controlling adverse impacts to County residents. P a g e    5    1. Large wind turbines are significant sources of noise, which, if improperly sited, can negatively impact the health of residents, particularly in areas of low ambient noise levels. 2. Large wind turbines emit two types of noise -- 1) Aerodynamic noise from the blades passing through the air, which can generate broadband noise, tonal noise and low frequency noise; and 2) Mechanical noise from the interaction of the turbine components. A dBA scale is commonly used to measure audible wind turbine noise. Low frequency noise from large wind turbines is not adequately measured with a dBA weighting. For a better assessment of the health effects from low frequency noise, the World Health Organization (WHO) suggests using a dBC weighting. (See Rogers 1/2006; Alberts 11/20/2005; WHO 1999) 3. The risk for adverse health effects resulting from noise annoyance such as headaches, stress, anxiety, fatigue, depression, pain and stiffness, and decreased cognitive ability associated with sleep deprivation from wind turbine noise increases with increasing Aweighted sound pressure levels (SPL). According to wind turbine noise studies, few respondents were disturbed in their sleep by wind turbine noise at SPL less than 35 dBA; however, at SPL greater than 35 dBA respondents were increasingly disturbed in their sleep by wind turbine noise. (See Pedersen et al 6/3/2008 and 8/2/2003) 5. Wind turbine noise greater than 5db over ambient increases the risk for adverse health effects because a change of 5 dB is clearly noticeable. (see Kamperman and James) 6. Studies show that prolonged exposure to wind turbine noise resulted in adverse health effects at SPLs below those from other sources of community noise, such as road traffic noise. Sound generated by wind turbines has particular characteristics and creates a different type of noise having different health impacts than compared to urban, industrial or commercial noise. (See Pedersen et al 6/3/2008 and 8/2003; Soysal 2007) 7. Living in a rural environment, in comparison with a suburban area, increases the risk of residents being impacted by noise from nearby large wind turbines because of the low ambient SPL in rural environments. (See Pedersen and Waye, 3/1/2007. P. 485) 8. The International Standards Organization recommended community noise limits for rural areas be set at a SPL of 35 dBA during the day, 30 dBA during the evening and 25 dBA at night. (See Table 9: ISO 1996-1971 Recommendations for Community Noise Limits as cited by Acoustic Ecology Institute and Daniel Alberts of Lawrence Technological University.) 10. In order to reduce the risk of negative health impacts from large wind turbine noise, acoustical engineers George Kamperman and Richard James recommend a) audible sound limits based on pre-existing background sound levels plus a 5dB allowance for wind turbine noise or b) SPL not to exceed 35 dBA within 100 feet of any occupied structure, whichever is lower; and c) a dBC limit not to exceed 20 dB above ambient background levels. These ` sound levels are in line with numerous published guidelines such as the sound limits proposed by the United Kingdom Business Enterprise and Regulatory Reform Department, which suggest for quiet, rural areas and low noise environments, the outside levels of the L 490, l0 min. of wind farm noise should be limited to an absolute level of 35 - 40 dBA. (See Kamperman & James; United Kingdom Business Enterprise & Regulatory Reform Department document “Onshore Wind: Noise" 7/17/2008) References: Acoustic Ecology Institute, "AEI Special Report: Wind Energy Noise Impacts," July7, 2001, available at http ://www.acousticecology.org/srwind.html Alberts, Daniel, “A Primer for Addressing Wind Turbine Noise," Lawrence Technological University, November 20, 2005. Department for Business Enterprise & Regulatory Reform, United Kingdom. "Onshore Wind: Noise," 7/17/2008, available at: http://www.berr.gov.uk/energy/sources/renewable/planning/onshorewind/noise/page18728.html P a g e    6    Kamperman, George and James, Richard, "simple Guidelines for Siting Wind turbines to Prevent Health Risks," Noise-Con 2008, August 2,2008. Kamperman, George and James, Richard, "The How To Guide to Criteria For Siting Wind turbines to Prevent Health Risks From Sound," July 30, 2008. Pedersen, E., et al., "WINDFARM perception - Visual and Acoustic Impact of Wind Turbine Farms on Residents, Final Report," June 3, 2008. Pedersen, Eja, et al., "Noise Annoyance from Wind Turbines - a Review," Swedish Environmental Protection Agency Report 5308, August 2003. Pedersen, Eja and Persson Waye, Kerstin, "Wind Turbines - Low Level Noise Sources Interfering with Restoration?" Environmental Research Letter Journal 3 (January March 2008), published January 11, 2008. Rogers, Anthony L., PhD., et al., "Wind Turbine Acoustic Noise White Paper," University of Massachusetts Renewable Energy Research Lab, June 2002, amended January 2006. Soysal, H., "Wind Farm Noise and Regulations in the Eastern US," 2nd International Meeting on Wind Turbine Noise, 9/2007. World Health Organization Technical Meeting on Sleep and Health, Bonn Germany,2224 January 2004. a. Noise Definitions. The following terms have the meanings indicated: “Aerodynamic Sound” means a noise that is caused by the flow of air over and past the blades of a WES. “Ambient Sound” Ambient sound encompasses all sound present in a given environment, being usually a composite of sounds from many sources near and far. It includes intermittent noise events, such as, from aircraft flying over, dogs barking, wind gusts, mobile farm or construction machinery, and the occasional vehicle traveling along a nearby road. The ambient also includes insect and other nearby sounds from birds and animals or people. The near-by and transient events are part of the ambient sound environment but are not to be considered part of the longterm background sound. “American National Standards Institute (ANSI)” Standardized acoustical instrumentation and sound measurement protocol shall meet all the requirements of the following ANSI Standards: ANSI S1.43 Integrating Averaging Sound Level Meters: Type-1 (or IEC 61672-1) ANSI S1.11 Specification for Octave and One-third Octave-Band Filters (or IEC 61260) ANSI S1.40 Verification Procedures for Sound Calibrators ANSI S12.9 Part 3 Procedures for Measurement of Environmental Sound ANSI S12.18 Measurement of Outdoor Sound Pressure Level IEC 61400-11 Wind turbine generator systems –Part 11: Acoustic noise measurements “Anemometer” means a device for measuring the speed and direction of the wind. "Applicant" means the individual or business entity that seeks to secure a license under this section of the Mason County Zoning Ordinance. “A‐Weighted Sound Level (dBA)” A measure of over-all sound pressure level designed to reflect the response of the human ear, which does not respond equally to all frequencies. It is used to describe sound in a manner representative of the human ear’s response. It reduces the effects of the low with respect to the frequencies centered around 1000 Hz. The resultant sound level is said to be “Aweighted” and the units are “dBA.” Sound level meters have an A-weighting network P a g e    7    for measuring A-weighted sound levels (dBA) meeting the characteristics and weighting specified in ANSI Specifications for Integrating Averaging Sound Level Meters, S1.43-1997 for Type 1 instruments and be capable of accurate readings (corrections for internal noise and microphone response permitted) at 20 dBA or lower. In this document dBA means LAeq unless specified otherwise. “Background Sound (L90)” refers to the sound level present at least 90% of the time. Background sounds are those heard during lulls in the ambient sound environment. That is, when transient sounds from flora, fauna, and wind are not present. Background sound levels vary during different times of the day and night. Because a WES operates 24/7 the background sound levels of interest are those during the quieter periods which are often the evening and night. Sounds from the WES of interest, near-by birds and animals or people must be excluded from the background sound test data. Nearby electrical noise from streetlights, transformers and cycling AC units and pumps etc must also be excluded from the background sound test data. Background sound level (dBA and dBC (as L90)) is the sound level present 90% of the time during a period of observation that is representative of the quiet time for the soundscape under evaluation and with duration of ten (10) continuous minutes. Several contiguous ten (10) minute tests may be performed in one hour to determine the statistical stability of the sound environment. Measurement periods such as at dusk when bird and insect activity is high or the early morning hours when the ‘dawn chorus’ is present are not acceptable measurement times. Longer term sound level averaging tests, such as 24 hours or multiple days are not at all appropriate since the purpose is to define the quiet time background sound level. It is defined by the LA 90 and LC 90 descriptors. It may be considered as the quietest one (1) minute during a ten (10) minute test. LA 90 results are valid only when LA 10 results are no more than 10 dB above LA 90 for the same period. LC 10 less LC 90 are not to exceed 10 dB to be valid. The background noise environment consists of a multitude of distant sources of sound. When a new nearby source is introduced, the new background noise level would be increased. The addition of a new source with a noise level 10 below the existing background would increase the new background 0.4 dB. If the new source has the same noise level as the existing background, then the new background is increased 3.0 dB. Lastly, if the new source is 3.3 dB above the existing background, then the new background would have increased 5 dB. For example, to meet the requirement of L90A + 5 dB = 31 dBA if the existing quiet nighttime background sound level is 26 dBA, the maximum wind turbine noise immission contribution independent of the background cannot exceed 29.3 dBA Leq at a dwelling. When adding decibels, a 26 dBA background combined with 29.3 dBA from the turbines (without background) results in 31 dBA. Further, background L90 sound levels documenting the pre-construction baseline conditions should be determined when the ten (10) minute maximum wind speed is less than 2 m/s (4.5 mph) near ground level/microphone location 1.5 m height. “Blade Passage Frequency” (BPF) means the frequency at which the blades of a turbine pass a particular point during each revolution (e.g. lowest point or highest point in rotation) in terms of events per second. A three bladed turbine rotating at 28 rpm would have a BPF of 1.4 Hz. [E.g. ((3 blades times 28rpm)/60 seconds per minute = 1.4 Hz BPF)] “C‐Weighted Sound Level (dBC)” Similar in concept to the A-Weighted sound Level (dBA) but Cweighting does not de-emphasize the frequencies below 1k Hz as A-weighting does. It is used for measurements that must include the contribution of low frequencies in a single number representing the entire frequency spectrum. Sound level meters have a C-weighting network for measuring C-weighted sound levels (dBC) meeting the characteristics and weighting specified in ANSI S1.43-1997 Specifications for Integrating Averaging Sound Level Meters for Type 1 instruments. In this document dBC means LCeq unless specified otherwise. “Decibel (dB)” A dimensionless unit which denotes the ratio between two quantities that are proportional to power, energy or intensity. One of these quantities is a designated reference by which all other quantities of identical units are divided. The sound pressure level (Lp) in decibels is equal to 10 times the logarithm (to the base 10) of the ratio between the pressure squared divided by the reference pressure squared. The reference pressure used in acoustics is 20 MicroPascals. P a g e    8    “Emission” Sound energy that is emitted by a noise source (wind farm) is transmitted to a receiver (dwelling) where it is immitted (see “immission). “Frequency” The number of oscillations or cycles per unit of time. Acoustical frequency is usually expressed in units of Hertz (Hz) where one Hz is equal to one cycle per second. “Height” means the total distance measured from the grade of the property as existed prior to the construction of the wind energy system, facility, tower, turbine, or related facility at the base to its highest point. “Hertz (Hz)” Frequency of sound expressed by cycles per second. “Immission” Noise immitted at a receiver (dwelling) is transmitted from noise source (wind turbine) that emitted sound energy (see “emission”). “Immission spectra imbalance” The spectra are not in balance when the C-weighted sound level is more than 20 dB greater than the A-weighted sound level. For the purposes of this requirement, the A-weighted sound level is defined as the long-term background sound level (LA90) +5 dBA. The C-weighted sound level is defined as the LCeq measured during the operation of the wind turbine operated so as to result in its highest sound output. A Complaint test provided later in this document is based on the immission spectra imbalance criteria. “Infra‐Sound” sound with energy in the frequency range of 0-20 Hz is considered to be infrasound. It is normally considered to not be audible for most people unless in relatively high amplitude. However, there is a wide range between the most sensitive and least sensitive people to perception of sound and perception is not limited to stimulus of the auditory senses. The most significant exterior noise induced dwelling vibration occurs in the frequency range between 5 Hz and 50 Hz. Moreover, levels below the threshold of audibility can still cause measurable resonances inside dwelling interiors. Conditions that support or magnify resonance may also exist in human body cavities and organs under certain conditions. Although no specific test for infrasound is provided in this document, the test for immission spectra imbalance will limit low frequency sound and thus, indirectly limit infrasound. See low-frequency noise (LFN) for more information. “Low Frequency Noise (LFN)” refers to sounds with energy in the lower frequency range of 20 to 200 Hz. LFN is deemed to be excessive when the difference between a C-weighted sound level and an A-weighted sound level is greater than 20 decibels at any measurement point outside a residence or other occupied structure. The criteria for this condition is the “Immission Spectra Imbalance” entry in the Table of Not‐To‐Exceed Property Line Sound Immission Limits.” “Measurement Point (MP)” means location where sound measurements are taken such that no significant obstruction blocks sound from the site. The Measurement Point should be located so as to not be near large objects such as buildings and in the line-of-sight to the nearest turbines. Proximity to large buildings or other structures should be twice the largest dimension of the structure, if possible. Measurement Points should be at quiet locations remote from street lights, transformers, street traffic, flowing water, and other local noise sources. “Measurement Wind Speed” For measurements conducted to establish the background noise levels (LA90 10 min, LC90 10 min, and etc.) the maximum wind speed, sampled within 5m of the microphone and at its height, shall be less than 2 m/s (4.5 mph) for valid background measurements. For valid wind farm noises measurements conducted to establish the postconstruction sound level the maximum wind speed, sampled within 5m of the microphone and at its height, shall be less than 4m/s (9 mph). The wind speed at the WES blade height shall be at or above the nominal rated wind speed and operating in its highest sound output mode. For purposes of enforcement, the wind speed and direction at the WES blade height shall be selected to reproduce the conditions leading to the enforcement action while also restricting maximum wind speeds at the microphone to less than 4 m/s (9 mph). For purposes of models used to predict the sound levels and sound pressure levels of the WES to be submitted with the P a g e    9    Application, the wind speed shall be the speed that will result in the worst-case LAeq and LCeq sound levels at the nearest non-participating properties to the WES. If there may be more than one set of nearby sensitive receptors, models for each such condition shall be evaluated and the results shall be included in the Application. “Mechanical Noise” means sound produced as a byproduct of the operation of the mechanical components of a WES(s) such as the gearbox, generator, and transformers. “Noise” means any unwanted sound. Not all noise needs to be excessively loud to represent an annoyance or interference. “Project Boundary” means the external property boundaries of parcels owned by or leased by the WES developers. It is represented on a plot plan view by a continuous line encompassing all WES(s) and related equipment associated with the WES project. “Property Line” means the recognized and mapped property parcel boundary line. “Qualified Independent Acoustical Consultant” Qualifications for persons conducting baseline and other measurements and reviews related to the application for a WES or for enforcement actions against an operating WES include, at a minimum, demonstration of competence in the specialty of community noise testing. An example is a person with Full Membership in the Institute of Noise Control Engineers (INCE). There are scientists and engineers in other professional fields that have been called upon by their local community for help in the development of a WES Noise Ordinance. Many of these scientists and engineers have recently spent hundreds of hours learning many important aspects of noise related to the introduction of WES into their communities. Then with field measurement experience with background data and wind turbine noise emission, they have become qualified independent acoustical consultants for WES siting. Certifications such as Professional Engineer (P.E.) do not test for competence in acoustical principles and measurement and are thus not, without further qualification, appropriate for work under this document. The Independent Qualified Acoustical Consultant can have no financial or other connection to a WES developer or related company. “Sensitive Receptor” means places or structures intended for human habitation, whether inhabited or not, public parks, state and federal wildlife areas, the manicured areas of recreational establishments designed for public use, including but not limited to golf courses, camp grounds and other nonagricultural state or federal licensed businesses. These areas are more likely to be sensitive to the exposure of the noise, shadow or flicker, etc. generated by a WES or WESF. These areas include, but are not limited to: schools, daycare centers, elder care facilities, hospitals, places of seated assemblage, non-agricultural businesses, and residences. “Sound” A fluctuation of air pressure which is propagated as a wave through air. “Sound Power” The total sound energy radiated by a source per unit time. The unit of measurement is the watt (abbreviated as Lw). This information is determined for the WES manufacturer under laboratory conditions specified by IEC 61400-11 and provided to the local developer for use in computer model construction. There is known measurement error in this test procedure that must be disclosed and accounted for in the computer models. Even with the measurement error correction it cannot be assumed that the reported Lw values represent the highest sound output for all operating conditions. They reflect the operating conditions required to meet the IEC 61400-11 requirements. The lowest frequency is 50 Hz for acoustic power (Lw) requirement (at present) in IEC 61400-11. This Ordinance requires wind turbine certified acoustic power (Lw) levels at rated load for the total frequency range from 6.3 Hz to 10k Hz in one-third octave frequency bands tabulated to the nearest 1 dB. The frequency range of 6.3 Hz to 10k Hz shall be used throughout this Ordinance for all sound level modeling, measuring, and reporting. “Sound Pressure” The instantaneous difference between the actual pressure produced by a sound wave and the average or barometric pressure at a given point in space. “Sound Pressure Level (SPL)” 20 times the logarithm, to the base 10, of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square P a g e    10    meter. In equation form, sound pressure level in units of decibels is expressed as SPL (dB) = 20 log p/pr. “Spectrum” The description of a sound wave's resolution into its components of frequency and amplitude. The WES manufacturer is required to supply a one-third octave band frequency spectrum of the wind turbine sound emission at 90% of rated power. The published sound spectrum is often presented as A-weighted values but C-weighted values are preferred. This information is used to construct a model of the wind farm’s sound immission levels at locations of interest in and around the WES. The frequency range of interest for wind turbine noise is approximately 6 Hz to 10k Hz. “Statistical Noise Levels” Sounds that vary in level over time, such as road traffic noise and most community noise, are commonly described in terms of the statistical exceedance levels LNA, where LNA is the A-weighted sound level exceeded for N% of a given measurement period. For example, L10 is the noise level exceeded for 10% of the time. Of particular relevance, are: LA10 and LC10 the noise level exceed for 10% of the ten (10) minute interval. This is commonly referred to as the average maximum noise level. LA90 and LC90 are the A-weighted and Cweighted sound levels exceeded for 90% of the ten (10) minute sample period. The L90 noise level is defined by ANSI as the long-term background sound level (i.e. the sounds one hears in the absence of the noise source under consideration and without short term or near-by sounds from other sources), or simply the “background level.” Leq is the A or C-weighted equivalent noise level (the “average” noise level). It is defined as the steady sound level that contains the same amount of acoustical energy as the corresponding time-varying sound. “Tonal sound or tonality” Tonal audibility. A sound for which the sound pressure is a simple sinusoidal function of the time, and characterized by its singleness of pitch. Tonal sound can be simple or complex. "Wind Energy Systems (WES)" means equipment that converts and then transfers energy from the wind into usable forms of electrical energy. "Wind Turbine" or "Turbine" (WT) means an industrial scale mechanical device which captures the kinetic energy of the wind and converts it into electricity. The primary components of a wind turbine are the blade assembly, electrical generator, and tower. B. Noise Information Required on WES Application This ordinance is intended to promote the safety and health of the community through criteria limiting sound emissions during operation of Wind Energy Systems. It is recognized that the requirements herein are neither exclusive, nor exhaustive. In instances where a health or safety concern is known to the wind project developer or identified by other means with regard to any application for a Wind Energy System, additional and/or more restrictive conditions may be included in the license to address such concerns. All rights are reserved to impose additional restrictions as circumstances warrant. Such additional or more restrictive conditions may include, without limitation (a) greater setbacks, (b) more restrictive noise limitations, or (c) limits restricting operation during night time periods or for any other conditions deemed reasonable to protect the community. 1. Information regarding the: a. Make and model of all turbines potentially used in this project, b. Sound Power Levels (Lw) for each 1/3 octave band from 6.3 Hz to 10,000 Hz, and c. A sound propagation model predicting the sound levels immitted into the community computed using at minimum 1/1 octave band sound power levels to compute the LCeq and LAeq levels to generate LAeq and LCeq contours in 5 dB increments overlaying an aerial view and property survey map from the WES property out to a distance to include all residential property within two (2) miles of the WES property. Appropriate corrections for model algorithm error, IEC61400-11 test measurement accuracy, and directivity patterns of for P a g e    11    each model of WT shall be disclosed and accounted for in the model(s). Predictions shall be made at all property lines within and outward for two (2) miles from the project boundary for the wind speed, direction, and operating mode that would result in the worst case WT nighttime sound emissions. The prediction model shall assume that the winds at hub height are sufficient for the highest sound emission operating mode. The projection shall include a description of all assumptions made in the model’s construction and algorithms. If the model does not consider the effects of wind direction, geography of the terrain, and/or the effects of reinforcement from coherent sounds or tones from the turbines, all these items should be identified and all other means used to adjust the model’s output to account for these factors. The results shall be displayed as a contour map of the predicted levels as over-all LAeq and LCeq contours out to 2 miles from the WES property, and shall also include a table showing the 1/3 or 1/1 octave band sound pressure as LCeq levels for the nearest property line(s) for sensitive receptor sites (including residences) within the model’s boundaries. The predicted values must include the over-all sound levels and 1/1 or 1/3 octave band sound pressure levels from 6 Hz to 10k Hz in data tables that include the location of each receiving point by GPS location or other repeatable means. The predicted values must include sound levels created by multiple turbines to the property line(s) for sensitive receptor sites. d. Wind Rose Chart. This is a chart or graph that describes 12 months of wind data collected from the proposed parcel. This graph or chart will demonstrate direction, duration, and intensity of the wind for the entire parcel (pooled or not). e. Site Plan. Site plan to scale that shows the relationship of all dwellings at the external property lines of the proposed wind turbine(s) parcel. C. Preconstruction Background Noise Survey 1. Mason County reserves the right to require the preparation of (a) a preconstruction noise survey for each proposed Wind Turbine location conducted per procedures provided in the section on Measurement Procedures showing long-term background LA90 and LC90 sound levels. This must be completed and accepted prior to approval of the final layout and issuance of project permits. a. If any proposed wind farm project locates a WES within two miles of a sensitive receptor, these studies are mandatory. The preconstruction baseline studies shall be conducted by an Independent Qualified Acoustical Consultant selected and hired by Mason County. b. The applicant shall be responsible for paying the consultant’s fees and costs associated with conducting the study. These fees and cost shall be negotiated with the consultant and determined prior to any work being done on the study. The applicant shall be required to set aside 100% of these fees in an escrow account managed by Mason County, before the study is commenced by the consultant. Payment for this study does not require the WES developer’s acceptance of the study’s results. c. If the review shows that the predicted LAeq and LCeq sound levels exceed any of the criteria specified in the Table of Not‐To‐Exceed Property Line Sound Immission Limits, then the application cannot be approved. 2. Mason County will refer the application to Mason County’s engineer (if qualified in acoustics) or an independent qualified acoustical consultant for further review and comparison of the longterm background sound levels against the predicted LAeq and LCeq sound levels reported for the model using the criteria in the Table of Not‐To‐Exceed Property Line Sound Immission Limits. The reasonably necessary costs associated with such a review shall be the responsibility of the applicant, in accord with the terms of this ordinance. D. Post Construction Noise Measurement Requirements P a g e    12    1. Sound Regulations Compliance: A WES shall be considered in violation of the conditional use permit unless the applicant demonstrates that the project complies with all sound level limits using the procedures specified in this ordinance. Sound levels in excess of the limits established in this ordinance shall be grounds for Mason County to order immediate shut down of all noncompliant WT units. 2. Post-Construction Sound Measurements: Within twelve months of the date when the project is fully operational, and within four weeks of the anniversary date of the preconstruction background noise measurements, repeat the existing sound environment measurements taken before the project approval. Post-construction sound level measurements shall be taken both with all WES’s running and with all WES’s off. At the discretion of Mason County, the Preconstruction background sound levels (LA90 and LC90) can be substituted for the “all WES off’ tests if a random sampling of 10% of the preconstruction study sites shows that background L90A and L90C conditions have increased less than 3 dB from those measured under the pre-construction nighttime conditions. The post-construction measurements will be reported to Mason County (available for public review) using the same format as used for the preconstruction sound studies. Post-construction noise studies shall be conducted by a firm chosen and hired by Mason County. Costs of these studies are to be reimbursed by the Licensee in a similar manner to that described above. The wind farm developer may ask to have its own consultant observe the publicly retained consultant at the convenience of the latter. The WES Licensee shall provide all technical information and wind farm data required by the qualified independent acoustical consultant before, during, and/or after any acoustical studies required by this document and for acoustical measurements. E. Sound Limits 1. Establishing Long‐Term Background Sound Level a. Instrumentation: ANSI or IEC Type 1 Precision Integrating Sound Level Meter plus meteorological instruments to measure wind velocity, temperature, and humidity near the sound measuring microphone. Measurement procedures must meet ANSI S12.9, Part 3 and Measurement Procedures . b. Measurement location(s): Nearest property line(s) from proposed wind turbines representative of all non-participating residential property within 2.0 miles. c. Time of measurements and prevailing weather: The atmosphere must be classified as stable with no vertical heat flow to cause air mixing. Stable conditions occur in the evening and middle of the night with a clear sky and very little wind near the surface. Sound measurements are only valid when the measured maximum wind speed at the microphone must be less than 2 m/s (4.5 mph). d. Long-Term Background sound measurements: All data recording shall be a series of contiguous ten (10) minute measurements. The measurement objective is to determine the quietest ten minute period at each location of interest. Nighttime test periods are preferred unless daytime conditions are quieter. The following data shall be recorded simultaneously for each ten (10) minute measurement period: dBA data includes LA90, LA10, LAeq and dBC data includes LC90, LC10, and LCeq. The maximum wind speed at the microphone during the ten minutes, a single measurement of temperature, and humidity at the microphone for each new location or each hour whichever is oftener shall also be recorded. A ten (10) minute measurement contains valid data provided: Both LA10 minus LA90 and LC10 minus LC90 are not greater than 10 dB and the maximum wind speed at the microphone is less than 2 m/s during the same ten (10) minute period as the acoustic data. P a g e    13    2. Wind Turbine Sound Immission Limits No wind turbine or group of turbines shall be located so as to cause wind turbine sound immission at any location on non-participating property containing a residence in excess of the limits in the following table: Table of Not‐To‐Exceed Property Line Sound Immission Limits (1) Criteria A B C D Notes 1 2 3 Condition Immission above preconstruction background: Maximum immission: Immission spectra imbalance (C ‐ A < 20dB) Prominent tone penalty: dBA LAeq =LA90 + 5 dBC LCeq = LC90 +5 35 LAeq 55 LCeq for quiet2 rural environment 60 LCeq for rural‐suburban environment LCeq (immission) minus (LA90 (background) +5 dB) 20 dB 5 dB 5 dB Each Test is independent and exceedances of any test establishes non‐compliance. Sound “immission” is the wind turbine sound emission as received at a property. A “quiet rural environment” is a location 2 miles from a major transportation artery without high traffic volume during otherwise quiet periods of the day or night. Prominent tone as defined in IEC 61400‐11. This Standard is not to be used for any other purpose. (1) Required Procedures provided in VIII Reference Standards including ANSI 12.9 Part 3 as Amended 3. Wind Farm Noise Compliance Testing All of the measurements outlined above in 1. Establishing Long Term Background Noise Level must be repeated to determine compliance with 2. Wind Turbine Sound Immission Limits. The compliance test location is to be the pre-turbine background noise measurement location nearest to the home of the complainant in line with the wind farm and nearer to the wind farm. The time of day for the testing and the wind farm operating conditions plus wind speed and direction must replicate the conditions that generated the complaint. Procedures of ANSI S12.9- Part 3 apply as amended in the Appendix to Ordinance. The effect of instrumentation limits for wind and other factors must be recognized and followed. 4. When brought forward by residents within the project boundary and within two miles of the project boundary, the applicant shall consider the special needs of residents with regards to wind turbine impacts including but not limited to noise and flicker. F. Operations The WES/WT is non-compliant and must be shut down immediately if it exceeds any of the limits in the Table of Not‐To‐Exceed Property Line Sound Immission Limits. G. Complaint Resolution 1. The owner/operator of the WES shall respond within five (5) business days after being notified of a noise complaint by any property owner within the project boundary and a one-mile radius beyond the project boundary. 2. The tests shall be performed by a qualified independent acoustical consultant acceptable to the complainant and the local agency charged with enforcement of this ordinance. 3. Testing shall commence within ten (10) working days of the request. If testing cannot be initiated within ten (10) days, the WES(s) in question shall be shut down until the testing can be started. P a g e    14    4. A copy of the test results shall be sent to the property owner and the Mason County’s Planning or Zoning department within thirty (30) days of test completion. 5. If a Complaint is made, the presumption shall be that it is reasonable. Mason County shall undertake an investigation of the alleged operational violation by a qualified individual mutually acceptable to Mason County and the Complainant. a) The reasonable cost and fees incurred by the Mason County in retaining said qualified individual shall be reimbursed by the owner of the WESF. b) Funds for this assessment shall be paid or put into an escrow account prior to the study and payment shall be independent of the study findings. 6. After the investigation, if Mason County reasonably concludes that operational violations are shown to be caused by the WESF, the licensee/operator/owner shall use reasonable efforts to mitigate such problems on a case-by-case basis including such measures as not operating during the nighttime or other noise sensitive period if such operation was the cause of the complaints. 18. Any lighting required by the FAA shall be of the lowest intensity and of the slowest pulse allowed. 19. Pooling of Parcels. a. If two or more parcels of land are included in the special land use, they shall be pooled into a single unit (the “pooled unit”) for purposes of the special land use, in accordance with this paragraph 19. b. The applicant shall attach to its application the pooling instrument and copies of all leases, easements or other instruments which constitute the applicant’s land use rights for all parcels comprising the pooled unit, and which together with the pertinent facts in the application and site plan establish that the applicant will not be required to release or terminate its lease, easement, or other land use rights with respect to any parcel being pooled for the purpose of obtaining a single special use permit for the duration of the special land use if and to the extent that such a release or termination would result in a conflict with or a violation of the special land use permit or any other provisions of this zoning ordinance. The pooling instrument shall be executed and recorded by the applicant with the County Register of Deeds prior to the issuance of the special land use. c. The pooling instrument shall be the form of a declaration of pooling, and shall contain the content thereof, as prepared and furnished by the County for use by all applicants requesting a special land use, with the appropriate land descriptions provided by the applicant and other specific references applicable to the lands involved. The form of declaration of pooling furnished by the County shall include a statement that the lands are being pooled for the purpose of operations under the approved special land use and shall have the legal effect of imposing the terms of the special land use upon each parcel of land comprising the pooled unit. d. The form of declaration of pooling furnished by the County, as completed by the applicant with the relevant legal descriptions and other matters specific to the lands involved, shall be subject to final approval by the Planning Commission prior to the instrument being recorded with the Register of Deeds, e. The form of declaration of pooling furnished by the County shall by its terms run with the land so as to be binding upon and inure to the benefit of all successors and assigns of the applicant and the owners of the parcels comprising the pooled unit. It shall be enforceable by the County, the applicant, and the owners of the parcels comprising the pooled unit. f. As a condition of the special land use, the Planning Commission may require the applicant to submit a last owner of record search, at the applicant’s expense, certified to the date of the P a g e    15    special land use application or, as determined by the Planning Commission, to the date of recording of the applicable pooling instrument, lease, easement or other recorded instrument, by an approved title examiner or title insurance company, covering the proposed pooled unit, and disclosing the then owners of the lands comprising the pooled unit. g. Neither the applicant nor the property owner, may release or terminate the declaration of pooling, or other pooling instrument, or any lease, easement or other instrument executed in compliance with the special land use, as to the entire pooled unit or any part thereof, for the duration of the special land use, in whole or in part, if and to the extent that such a release or termination would result in a conflict with or a violation of the special land use or other applicable provision of this zoning ordinance. h. The applicant shall record with the Register of Deeds a memorandum of the special land use permit issued with respect to all parcels pooled as part of the special land use obtained hereunder. The memorandum shall consist of the form of memorandum prepared and furnished by the County for use by applicants for the special land use, and shall contain the content thereof as prepared by the County, except for legal descriptions and other references specific to the lands involved, which shall be included by the applicant. Prior to the memorandum being recorded with the Register of Deeds, the applicant shall submit to the Planning Commission for approval, consistent with the provisions of this Section, the proposed memorandum as completed by the applicant with the land descriptions and other references specific to the land involved. 20. Microwave Beam Study and Requirements. (Note: Approximately 35 percent of all terrestrial communication is maintained by microwave radio relay systems. Wind turbines can cause both “line of sight” interference and electromagnetic interference to microwave radio signals and can scatter and diffract TV, radio, and microwave signals when placed between signal transmitters and receivers.) An application for a WES License shall include a microwave beam study and electromagnetic interference mitigation plan. All Wind Towers shall be sited in accordance with the findings of the microwave beam study and electromagnetic interference mitigation plan. The applicant shall mitigate any electromagnetic interference and line of site interference such as to including but not limited to cell phone reception, internet, radio, or television. 21. Shadow Flicker and Blade Glint Assessment and Requirements. (Note: Shadow flicker arises as the shadow of the moving turbine blades moves across the ground. This type of flicker is most common when the sun is at a low angle in the sky, such as mornings and evenings in the summer and just about any time in the winter. These shadows can extend great distances from the base of the turbine, particularly when the shadow is downhill from the turbines. The second type of flicker that can arise from wind turbines is strobing. Strobing occurs when turbine blades catch the sun and reflect it back towards the viewer. Since a turbine blade will be in the position where this reflection takes place up to 60 times per minute (20RPM X 3 blades) the effect is like a strobe light. Strobing can occur at any time of day and can happen anywhere the turbines can be seen - especially from the south, east, and west. It is a known fact that flickering or strobing light can cause seizure in susceptible individuals. Health risks due to flicker and strobing include seizures, headache, loss of balance, nausea and disorientation. Flicker from proposed wind turbines can be determined and mitigated during the planning stage of a wind turbine development.) Shadow flicker occurs when the blades of a Wind Turbine pass between the sun and an observer, casting a readily observable, moving shadow on the observer and his or her immediate environment. An application for a WES License shall include a detailed shadow flicker and blade glint assessment model and plan containing the following information and meeting the following requirements. a. The model shall be prepared by a registered professional regularly engaged in this type of work with not less than three years experience. P a g e    16    b. The model study area will examine areas where shadow flicker will occur within a one mile radius of the Project Parcels. c. The model will be calculated using the following minimum inputs: 1. Turbine locations (proposed and existing) 2. Shadow flicker receptor locations 3. Existing topography (elevation contours and vegetation) 4. Rotor diameter and hub height 5. Joint wind speed and direction distribution (wind rose table) 6. Hours of sunshine (long term monthly references) d. All existing occupied structures, structures permitted for construction, and roadways shall be identified within the model as receptors. Each individual receptor that is a residential parcel shall be defined by the perimeter of the building plus an additional 100 foot boundary around the building. Schools, churches, and other public building receptors shall be defined by the entire outdoor area routinely utilized in their operation. The model may be prepared by use of current aerial photography and topographical maps. A site visit by the preparer is required to identify receptors and verify the existing conditions. The model shall calculate the locations and durations of shadow flicker caused by the proposed WESF within the study area. The model shall clearly indicate the duration of shadow flicker at each receptor and across the entire study area showing the total number of hours per year anticipated. Wind Turbines shall be sited such that shadow flicker will not fall on a receptor, except that shadow flicker expected to fall on a roadway or a residential parcel may be acceptable if all of the following conditions are satisfied: 1. The flicker will not exceed l0 hours per year at any one receptor measured as the sum of those times during which shadow flicker occurs during any calendar year. 2. The flicker will fall more than 100 feet from all existing or permitted residences. 3. The traffic volumes are less than 500 vehicles per day on the affected roadway. 4. The flicker will not fall onto an intersection. e. Problem zones where shadow flicker will interfere with existing and future receptors and which is not allowable under this section shall be identified, and measures to mitigate problems shall be described, including but not limited to siting changes, operational procedures, grading, or landscaping. Blade glint, defined as the intermittent reflection of the sun off the surface of the blades of a Wind Turbine, is prohibited. The applicant shall submit a paint sample that demonstrates the color, texture, and gloss of the proposed surface coating. The applicant shall also submit a certification by the manufacturer stating that the proposed surface coating will not create a reflective surface conducive to blade glint. 22. Road Use and Risk Assessment Plan and Road Impact Requirements. (Note: During construction of wind turbines, heavy vehicles will be using Mason County roads. The improvement of the roads and their repair to accommodate this construction must be the financial responsibility of the wind turbine developer, must be done in a timely and orderly fashion, and must be bonded to insure performance.) a. An application for a WES License shall include a road use and risk assessment plan containing the following information and meeting the following requirements: 1. A description and map of all public roads in Mason County to be used in connection with the construction of the WES, including a description of how and when such roads will be used in connection with the construction of the WES. This description of the work will include an “order of construction plan” showing a grouping and sequencing of tower construction, an orderly sequencing of roads used for each tower grouping, and sequencing of road repair as each group of turbine construction is completed. Road repairs shall be made within 7 days of completion of turbine construction. P a g e    17    2. A description of the type and length of vehicles and type, weight, and length of loads to be conveyed on all public roads in Mason County. 3. A complete assessment of the proposed use of roads in Mason County in connection with the construction of the WES, including the adequacy of turning radii; the ability of the roads to sustain loads without damage; the need to remove (permanently or temporarily) signs, trees, utilities, or anything else; any reasonably foreseeable damage to roads or other property; any reasonably foreseeable costs to Mason County that may occur in connection with the use of roads in Mason County, including but not limited to costs relating to traffic control, public safety, or damage to roads or property. 4. Adherence to Michigan “all season road” and “seasonal road” requirements including limitation of weight loads on seasonal roads during frost and winter months. 5. A traffic control and safety plan relating to the use of roads in Mason County in connection with the construction of the WES including any additional information Mason County may request relating to the use of roads in Mason County in connection with the WES. b. Mason County will evaluate the road use and risk assessment plan with assistance from such consultants it deems appropriate. Mason County may document the condition of all roads to be used in connection with the construction of the WES in such manner as it deems appropriate. Mason County may require changes to the road use and risk assessment plan it deems appropriate to protect public safety, to protect Mason County roads, and to address anticipated costs to Mason County associated with applicant's use of roads in Mason County. c. If road improvements are required to provide adequate access for construction vehicles and materials, the applicant shall have road improvement plans prepared by a registered engineer at the applicant’s own expense. These road improvement plans shall meet all County and State specifications and regulations. The applicant shall have cost estimates prepared by a registered engineer and submit to Mason County for their review and approval. d. The applicant shall be responsible for any costs for road improvements and repairs to Mason County Roads. Mason County shall require the applicant to enter into an agreement relating to the use and repair of roads in Mason County. e. Mason County shall require the applicant to provide a deposit or letter of credit in an amount Mason County determines appropriate to secure any obligations under the agreement, including but not limited to any obligation relating to alterations, improvements, and repairs to roads needed in connection with applicant's use of roads in Mason County, and the reimbursement of Mason County for any costs the road use and risk assessment indicates Mason County may incur in connection with applicant's use of the roads in Mason County. The performance bond or letter of credit shall be conditioned upon the timely and faithful performance of the requirements of this ordinance and the special land use. The performance bond or letter of credit shall remain in effect for the duration of the construction of the special land use. Following the construction period, a maintenance bond or letter of credit shall be provided by the applicant to cover cost of road repair during maintenance procedures of the special land use. The amount of the maintenance bond or letter of credit shall be adjusted at least every three years to reflect changes in the estimated cost of repairs, based on the most recent inflation index for the cost of comparable services, as published by the U. S. Bureau of Labor Statistics, or other applicable federal agency or other commonly accepted index. If the wind energy system owner fails to repair their damage to county roads as required by this Section, then the County is entitled to use the proceeds from the performance bond or letter of credit to have the roads repaired. Such repair by the County shall not relieve the owner of the wind energy system from its obligation to repair County roads. P a g e    18    23. General and Overall Complaint Resolution (Note: A general Complaint Resolution process is required as complaints may be caused by more adverse impacts than noise. The following complaint resolution process is recommended.) 1. The owner/operator of the WES shall respond within five (5) business days after being notified of a complaint by any property owner within the project boundary and a one-mile radius beyond the project boundary. 2. Any tests required for technical adverse impacts shall be performed by a qualified independent consultant acceptable to the complainant and Mason County. 3. Testing shall commence within ten (10) working days of the request. If testing cannot be initiated within ten (10) days, the WES(s) in question shall be shut down until the testing can be started. 4. A copy of the test results shall be sent to the property owner and the Mason County’s Planning or Zoning department within thirty (30) days of test completion. 5. If a Complaint is made, the presumption shall be that it is reasonable. Mason County shall undertake an investigation of the alleged operational violation by a qualified individual mutually acceptable to Mason County and the Complainant. a) The reasonable cost and fees incurred by the Mason County in retaining said qualified individual shall be reimbursed by the owner of the WESF. b) Funds for this assessment shall be paid or put into an escrow account by the Owner of the WESF prior to the study and payment shall be independent of the study findings. 6. After the investigation, if Mason County reasonably concludes that operational violations are shown to be caused by the WESF, the licensee/operator/owner shall use reasonable efforts to mitigate such problems on a case-by-case basis. 24. Reimbursement of Fees and Costs. Licensee/operator/owner agrees to reimburse Mason County’s reasonable fees and costs incurred in the preparation, negotiation, administration, and enforcement of this Ordinance, including, without limitation, Mason County’s attorneys' fees, engineering and/or consultant fees, Mason County’s meeting and hearing fees, and the costs of public notices. If requested by Mason County, the funds shall be placed in an escrow account under the management of Mason County. The preceding fees are payable within thirty (30) days of invoice. Unpaid invoices shall bear interest at the rate of 1% per month until paid. Mason County may recover all reasonable costs of collection, including attorneys' fees. 17.71 On Site Wind Energy Systems and Anemometers over 66 feet. (Note: Noise from On Site Wind Energy Systems can create a nuisance. While small turbine manufacturers have not been as involved in determining noise levels emitted from small onsite residential turbines, the manufacturer’s specifications for them are becoming more available. Because these small onsite turbines are being allowed in residential zoning as well as agricultural zones, there is real potential for them to become a nuisance. In residential areas, residences are located on small lots, can be closer to the property lines and thereby closer to small installed turbines.) 1. Setbacks: The distance between a wind energy system structure and the owner’s property lines shall be at least 1 ½ times the height of the wind energy system tower including the top of the blade in its vertical position. No part of the wind energy system structure, including guy wire anchors, may extend closer than 25 feet to the owner’s property lines. P a g e    19    2. Sound Pressure Level: Sound pressure level shall not exceed 55 LAeq =LA90 + 5 dB (A) at adjacent property lines to the wind energy system. The sound pressure level may be exceeded during shortterm events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB (A), the standard shall be ambient dB(A) plus 5 dB(A). 3. Sound Pressure Proof of Compliance: Proof of compliance with sound pressure standards is required within 90 days after the system becomes operational. Sound shall be measured by a third party, qualified professional according to the standards outlined in Section 17.70 17.a. 4. Sound Pressure Mediation. Should an aggrieved property owner call into question the sound pressure level of a wind tower, the aggrieved property owner shall follow the following procedure: a. Notify the County in writing regarding concerns about sound pressure and ask the County to perform a sound pressure test at the aggrieved owner’s property line. b. The County will request the aggrieved property owner deposit funds in an amount sufficient to pay for a sound measurement test according to the specifications of 17.70 17.a. c. If the sound test indicates that the sound pressure level is within ordinance guidelines, the County will use the deposit to pay for the sound pressure test. d. If the wind tower owner is in violation of the ordinance sound standards, the tower owner shall reimburse the County for the sound pressure test and take immediate action to bring the wind tower into greater compliance which may include ceasing operation of the wind turbine until ordinance violations are corrected. The County will refund the deposit to the aggrieved property owner. a. The owner/operator of the WES shall respond within five (5) business days after notified of a noise complaint by any property owner within the project boundary and a one-mile radius beyond the project boundary. b. The tests shall be performed by a qualified independent acoustical consultant acceptable to the complainant and the local agency charged with enforcement of this ordinance. c. Testing shall commence within ten (10) working days of the request. If testing cannot be initiated within ten (10) days, the WES(s) in question shall be shut down until the testing can be started. d. A copy of the test results shall be sent to the property owner and the Mason County’s Planning or Zoning department within thirty (30) days of test completion. e. If a Complaint is made, the presumption shall be that it is reasonable. Mason County shall undertake an investigation of the alleged operational violation by a qualified individual mutually acceptable to Mason County, the owner/operator of the WES, and the Complainant. f. The reasonable cost and fees incurred by the Mason County in retaining said qualified individual shall be reimbursed by the owner of the WESF. g. Funds for this assessment shall be paid or put into an escrow account prior to the study and payment shall be independent of the study findings. h. After the investigation, if Mason County reasonably concludes that operational violations are shown to be caused by the WESF, the licensee/operator/owner shall use reasonable efforts to mitigate such problems on a case-by-case basis including such measures as not operating during the nighttime or other noise sensitive period if such operation was the cause of the complaints. 5. Construction Codes and Other Standards: On Site Use wind energy systems including anemometer towers shall comply with all applicable state construction and electrical codes and local building permit requirements. On Site Use wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, P a g e    20    MCL 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCL 259.481 et seq.), and airport overlay zone regulations. 6. Safety: An On Site Use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have an automatic transfer switch. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly marked with brightly colored tubing to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor. 7. Lighting: Lighting required by the FAA shall be the lowest intensity and of the slowest pulse allowed. 8. Visual Impact: Visual impact will be limited by using muted colors, industry standards that minimize visibility, and by using turbines that are consistent in the appearance. No advertising of any kind shall be allowed on the wind turbine with the exception of the manufacturer’s name or logo. 9. Abandonment. If a wind tower has been abandoned for over 1 year and poses an immediate risk to health and safety due to lack of maintenance, poor structural integrity, noise, or vibration it shall be considered a nuisance and a violation of this ordinance. 10. Lack of Maintenance. If at any time the wind tower poses an immediate risk to health and safety due to lack of maintenance, poor structural integrity, noise, or vibration it shall be considered a nuisance and a violation of this ordinance. 11. Applications: Applications for On Site wind energy systems with a tower height greater than 66 feet shall include: j. A site plan, drawn to scale, indicating property lines, dimensions and location of all structures, and all structures within 100 feet of the applicant’s property lines. k. Information regarding the height of the tower and turbine blade length. l. Manufacturer’s modeling and analysis confirming that the wind energy system will not exceed the maximum permitted sound pressure levels. m. The location of the wind turbine, guy wires, and accessory structures. n. Documentation that construction code, tower interconnection (if applicable), electrical code, airport overlay zoning, and safety requirements have been met. o. The applicant shall provide visual simulations of how the completed project will look from four viewable angles. p. Proof of the applicant’s liability insurance. q. Applicant shall provide a copy of that portion of the applicant’s lease with the land owner granting authority to install a Met tower and requiring the applicant to remove all equipment and restore the site after completion of the wind site assessment. r. An aerial photograph indicating property lines and the location of the wind turbine or anemometer and all support apparatus. s. A survey of the applicant’s property, if the applicant has an existing survey.