Osage County, KS (Wind)

h)    Noise:   

 a.     Commercial Wind Energy Conversion System (CWECS)

i.     A noise report shall be prepared that identifies current decibel levels surrounding the project site and the decibel levels and source noise if development occurs.

ii.     Any proposed increase in noise levels on residential properties within one-fourth (1/4) mile of the project shall be indicated and mitigation plans identified.

i)      Outside storage:

j)      Setbacks and Lot Coverage:

a.     Commercial Wind Energy Conversion System (CWECS)

i.     All tower structures shall be located such that the maximum potential distance of ice throw from any individual structure shall be on the land owned by the leaser on which the structure is located.

ii.     Specific documentation shall be provided with the application materials.

iii.     Ice Throw shall not be allowed onto public roads and adjoining property.

k)     Screening: 

l)      Signage:

m)   Site Access/Emergency Response:

a.     Commercial Wind Energy Conversion System (CWECS)

i.     Specific measures shall be documented to assure that risks from fire caused by any individual structure shall be minimized. These include redundant mechanical equipment to shut down any rotor suffering from high heat from internal failure, and safety plans to be utilized during construction and maintenance.

ii.     Mitigation plans should also show how the towers and equipment are protected from fire originating from outside the site, especially in the event of a fire originating from a controlled burn or other source that might encroach into the project area.

n)    Utility Connections:

o)    Waste: 

Operation and Maintenance Plan:

 a)     Monitoring and Maintenance:

a.     Commercial Wind Energy Conversion System (CWECS)

i.      A construction and maintenance agreement between the applicant and the County or applicable municipality shall be required. Such agreement shall specify the standards to which roads will be reconstructed, if necessary, and the standards to which such roads will be subsequently maintained by the owner/operator of the CWECS.

ii.     This agreement shall specify the form, manner, timing and frequency of maintenance and upkeep.

iii.    Additionally, documentation shall be provided indicating any proposed changes or upgrades to electrical substations, existing power transmission systems or realignment of other utility systems required to support the project.

iv.    CWECS shall provide a monitoring review and reporting program for each part of the project to confirm compliance with all performance standards.

b)    Soil and Erosion and Sediment Control:

 a.     Commercial Wind Energy Conversion System (CWECS)

i.      All roads not a part of the primary highway system of the state of Kansas intended to be used by the applicant as a means of ingress and egress to the proposed facility shall be designated on the application.

ii.     A written description of the project site location, including an overview of the existing environment that may be affected by the construction and operation of the project and the proposed mitigation plans to offset any identified or projected impacts to the environment. Overview shall include flora, fauna, geoconservation, flood zones and known or mapped archeological or historical sites or structures within one (1) mile of the project.

iii.    Dust emissions control measures shall be utilized during construction phase and from all access roads that impact all non-agricultural uses, including farm residences, during the life of the project.

Decommissioning and Site Reclamation

a)     Commercial Wind Energy Conversion System (CWECS)

a.     A financial security in the amount and form approved by the County as reasonably necessary to reclaim the site to its pre-construction condition will be required at the approval of the Conditional Use Permit.

b.     Decommissioning shall include the requirement that all equipment shall be removed from the site, the foundations shall be removed to a depth of four (4) feet below the ground surface, access roads removed to the landowners satisfaction and the ground reseeded in native grasses.

c.     Access roads may be maintained if so requested by the landowner(s) and not included within the reclamation requirements.

d.     Abandonment shall include any six (6) month period following delivery by certified mail of written notice of abandonment to the owner of record of the system and the landowner(s) when a completed CWECS does not produce any electric energy and there is no demonstrated plan to restore the equipment to operating condition.

e.     Upon termination of the aforesaid six (6) month period, abatement shall proceed as set forth in these regulations.