RESOLUTION NO. 2011 - A RESOLUTION PROVIDING FOR THE AMENDMENT OF THE COMMERCIAL WIND FARM APPLICATION GUIDELINES CONTAINED IN THE KINGMAN COUNTY, KANSAS ZONING REGULATIONS. WHEREAS, the Board of County Commissioners of Kingman County, Kansas has adopted zoning regulations in accordance with the provisions of K.S.A. 12?753 et seq.; and WHEREAS, the Board of County Commissioners of Kingman County, Kansas is authorized to amend the zoning regulations for the county as provided by K.S.A. 12-757; and WHEREAS, the Board of County Commissioners of Kingman County, Kansas submitted a proposed amendment to the Commercial Wind Farm Application Guidelines providing for amendments to the regulations regarding communication and power collection lines; and WHEREAS, the Kingman County Planning Commission held a public hearing thereon following due notice to the public as required by K.S.A. 12-757; and WHEREAS, the Kingman County Planning Commission has provided to the Board of County Commissioners of Kingman County, a report, including their recommendation against adoption of said proposed amendment; and WHEREAS, the Board of County Commissioners of Kingman County, Kansas, has held a special joint meeting with the Kingman County Planning Commission to hear comment from the public, landowners, wind energy developer, representatives of oil and gas interests potentially effected by the proposed amendments, and to hear comment from individual planning commission board members; and, WHEREAS, the Board of County Commissioners of Kingman County, Kansas, has the authority, pursuant to K.S.A. to override said recommendation and/or amend the proposed amendment by a 2/3 majority vote; and WHEREAS, the Board of County Commissioners of Kingman County, Kansas, finds it advisable to adopt an amended version of the proposed amendment to the Commerciai Wind Farm Application Guidelines contained in the Kingman County Zoning Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF KINGMAN COUNTY, KANSAS THAT: 1. The Commercial Wind Farm Application Guidelines previously enacted as an addendum to Article VII of the Kingman County Zoning Regulations is amended as follows: . a. The amended Commercial Wind Farm Application Guidelines are attached as Exhibit and incorporated by reference herein. page -2- 2. The remainder of the Commercial Wind Farm Regulations (Le. requirements regarding Development Plan and Bonding Agreement) as contained in the Addendum to Article VII of the Kingman County Zoning Regulations are readopted and remain in full force and effect. 3. The amendments shall be presently applicable to any pending Special Use Permit previously issued pursuant to the Commercial Wind Farm Application Guidelines. 4. The revised Zoning Resolution shall continue to provide the basis for determination of zoning district regulations within the zoning jurisdiction of Kingman County, Kansas. 5. This Resolution shall become effective from and after its passage, approval and publication one time in the official newspaper of the county. Unanimously adopted this 'Iday of September, 2011, by the Board of County Commissioners of Kingman County, Kansas. BOARD OF COUNTY COMMISSIONERS OF KINGMAN COUNTY, KANSAS ATTEST: Inge . Earl Reno, Commissioner County Clerk APPROVED AS TO FORM: Francis E. Meisenheimer Kingman County Counselor EXHIBIT A ADDENDUM TO ARTECLE VIE KINGMAN COUNTY ZONENG REGULATIONS COMMERCIAL WIND FARM APPLICATION GUIDELINES 1) Purpose The purpose is to outline required information for application of a Special Use Permit (SUP) for a Commercial Wind Farm (CWF). A Development Plan is to be submitted with the application. These guidelines are written to: a) Assist the Applicant and relevant authorities. b) Provide details of the CWF. 0) Provide information so individuals may gain an understanding of the CWF. d) Provide a basis for public discussion and informed comment on the CWF. e) identify significant environmental, social, and economic effects related to the CWF. Information in the application and Development Plan shall be as current as possible at the time of submission. Where information is unavailable or not yet finalized, estimates and/or alternative options shall be provided and noted as estimates or alternatives. Not all matters in the guidelines are relevant to all aspects of the project. Only those matters relevant to the project shall be addressed. 2) Intent These guidelines are intended to address major issues associated with the project; however, they are not all inclusive. Issues not listed may be deemed significant and issues may emerge as significant (studies, public input) during the course of review. a) These guidelines do not restrict installation of small ?home? systems as defined in Article 30 Section 1 #25 (Wind Energy Conversion System). b) The Development Plan shall be written in a style that is easily understood by the general reader. Technical terminology shall be avoided as much as possible. Detailed technical date, statistics, and supplementary information required to support the main text is to be included as appendices. All sources of information are to be referenced, and must be current. Information presented as maps, diagrams, or plans is preferred, as the general reader finds it easier to understand. 0) Close consultation with the Planning and Zoning Director during preparation of the Development Plan is highly recommended. More than one draft may be required before it is considered suitable for presentation to the Planning Commission. d) These requirements specify maps, information surveys and studies that must be submitted as part of the SUP application. Kingman County may adjust the standards for future projects - based on such things as; but not limited to, the results of monitoring avian collisions; the success or failure of remedial . actions required in the decommissioning process; the changing technology in wind generated electricity. e) If approved, one SUP shall be issued for the perimeter of the proposed CWF. One application with notification to all landowners shall be required for each parcel of land located within the interior and 1000 ft. of the exterior perimeter of the SUP. 3) Key Issues Key issues relating to identified to date, are listed below. These issues include, but are not limited to: a) Land use and value. b) Visual impact. 0) Noise. d) Bird e) Endangered species. f) Wildlife habitat. 9) Soil erosion. h) Water quality. i) Company experience, reputation, and financial ability. j) Removal/reclamation. k) Public health and safety. I) infrastructure. m)Aviation/FAA. n) Reception and transmission interference with all public and emergency communications. 0) Cultural heritage. p) Native vegetationiweeds. q) Cumulative impact. r) Electra?magnetic fields associated with transmission lines. 3) Bond agreement. 4) Power Purchase Agreement (PPA) a) The SUP does not authorize construction of the project until the Applicant has obtained a Power Purchase Agreement (PPA) for electricity to be generated by the CWF. The Applicant shall advise the Planning and Zoning Director when a PPA has been obtained and shall provide such documentation confirming said agreement. b) The PPA must be obtained within one year of the date of publication of the Resolution approving the SUP. A six-month extension, upon written request by the Applicant, and approval of the Zoning and Planning Commission and the Board of County Commissioners, may be granted. 0) In the event the Applicant does not obtain a PPA within the 12 months time span, additional 6 month extensions may be granted but not to exceed a total length of 3 years from the beginning of the SUP or the SUP shall be null and void. d) Building or zoning permits shall be issued only after the Board of County Commissioners receive documentation confirming said PPA and all conditions pertaining to have been satisfied. Once the PPA has been received the SUP may be revoked if use has not commenced within twelve (12) months: 5) Conditions required for approval Shall include, but not be limited to: a) Strict conformance to all performance standards as detailed in Article 7 of Kingman County Zoning Regulations. b) No turbines shall be located closer than 500 feet or the total height of the turbine plus 50 feet, whichever is greater, from public roads. 0) No turbines shall be located closer than 500 feet or the total height of the turbine plus 50 feet, whichever is greater, from property lines of any property not included in the SUP. d) No turbine shall be located closer than 1,000 feet from a residential structure. Turbines shall be located no closer than the total height of the turbine plus 50 feet from a common agricultural/residential accessory structure. e) Communication lines and power collection lines are to be installed underground in the area covered by the SUP. It is preferred that said lines are to be located under or at the edge of turbine access roads. Said underground lines will be allowed away from access roads with a design for minimal interruption of other ground. f) Aboveground communication and power collection lines would only be considered under extraordinary circumstances within a specified site because of other oil, gas, salt water, electrical, or other underground lines in the same SUP area.- Aboveground communication and power collection lines may be used after detailed technical evidence within the site plan review and approval from the Board of County Commissioners. Aboveground communication and power collection lines shall be located along public rights?of?way, access roads, and, in limited circumstances, such other locations section lines, half-section lines, or other property boundary lines) as may be specifically set forth in the site plan. 9) Aboveground transmission lines may be used only in public rights?of?way or private easements after detailed technical evidence within the site plan review and approval from the Board of County Commissioners. h) Applicant shall apply for building or zoning permit prior to the J) construction of each turbine. A PPA and a surety bond for de?construction purposes must be approved and accepted before any building permits are issued for construction to begin. Transportation routes used for construction shall be coordinated with the County Director of Public Works. A road agreement must be approved before any building permits are issued for construction to begin. k) Applicant shall be held liable for any damage to I) county/township roads or rights-of?way resulting from tower construction, deconstruction, and/or maintenance activity. Lowest point of the rotor blades shall be at least 100 feet above ground level at the base of the tower. m)lf lubricants and/or hazardous materials are needed to be located on the premises in connection with the CWF, said materials shall be kept and transported in accordance with all State and Federal regulations. Storage facilities of such material shall have an impermeable dike surrounding the facilities l1) capable of containing 1.5 times the amount of material stored. The applicant shall adhere to all Tier ll regulations. There shall be no lights on the towers other than those required by the Federal Aviation Administration (FAA). This restriction shall not apply to infrared heating devices used to protect the wind monitoring equipment. 0) At the end of the project?s useful life, all equipment shall be removed from the site and the foundations shall be removed to a depth of f0ur (4) feet below the ground surface. Access roads shall be removed to the landowner?s satisfaction, and the ground shall be reseeded to surrounding vegetation. The requirement to remove access roads shall not apply to roads in existence before the CWF application was filed. The landowner may choose to have access roads left intact. p) Structures for wind turbines shall be self?supporting tubular towers painted a neutral color such as a white or pale gray. No lattice structure shall be used. No logos or advertisements are allowed on these structures. Each turbine shall be marked with a visible identification number located no higher than fifteen (15) feet above ground level that can be read from twenty (20) feet. (minimum 2? lettering) q) Applicant shall take reasonable measures to correct deficiencies in radio and television reception in or near the project area shown to be caused by the project. CWF shall operate in conformance with the Federal Communications Commission (FCC) regulations. Applicant shall take reasonable measures such as planting trees, installing awnings, etc. to mitigate specific adverse visual impacts such as reflections, shadow flicker, and blade glint affecting residences within or immediately adjacent to the project. 3) An owner, lessee, or occupant of agricultural land is not liable for property damage caused by, or resulting from, prescribed burning conducted on the land if the prescribed burning is conducted under the procedures established by the Kansas State University Research and Extension Office Kingman County. t) A certified structural engineer or certified structural engineering firm shall conduct all necessary inspections on each turbine. Inspections shall include, but are not limited to; foundation, structural assembly, mechanical, and electrical. Documentation regarding each inspection shall be submitted to the Planning and Zoning Director. The Board of County Commissioners has the authority to stop work in the event of any non-approved inspection. Applicant will provide a corrective action plan on any non approved inspections to the Planning and Zoning Director for determination as to when work can commence. u) Said engineer, or engineering firm, shall be selected by the Board of County Commissioners and shall be subject to approval by the Applicant and sUch approval shall not unreasonably be withheld. All expenses shall be the responsibility of the Applicant or holder of the SUP. Kingman County, its officers, agents, and employees shall be held harmless from any and all claims, costs, liabilities, damages, or expenses, including; costs of suits, fees, and expenses for legal services, due to any damages claimed by any third party, including such claims by agents or employees of said third party, arising from any approval or non-approval of any inspectiontransferred from one party to a different party, said transfer must first be approved by the Board of County Commissioners. First party shall inform the second party of the surety bond and all other requirements of the SUP. The second party or new holder of the SUP shall meet the surety bond requirements and all other requirements of the SUP. Atransfer fee of $100 per turbine shall be paid to Kingman County. w) Applicant shall consult with Emergency Manager prior to approval to discuss possible hazards of the project. Example - High angle rescue, high voltage concerns, and etc.