BOARD OF COUNTY COMMISSIONERS FOR SOMERSET COUNTY, MARYLAND ORDINANCE NO.

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1 BOARD OF COUNTY COMMISSIONERS FOR SOMERSET COUNTY, MARYLAND ORDINANCE NO. AN ORDINANCE AMENDING THE SOMERSET COUNTY ZONING ORDINANCE NO. 741 BY ADDING PROVISIONS DEALING WITH INDUSTRIAL WIND ENERGY CONVERSION SYSTEMS (IWECS). WHEREAS, pursuant to the provisions of Article 66B, Annotated Code of Maryland and the provisions of the Somerset County Zoning Ordinance No. 741, the above referenced matter has been referred to the Planning and Zoning Commission of Somerset County; and WHEREAS, said Planning and Zoning Commission after publishing a public notice as required by their Rules of Procedure, did conduct a public hearing on the matter on January 5, 2012; and WHEREAS, after receiving testimony and written evidence on the matter, the Commission has recommended approval of the Ordinance to the Board of County Commissioners; and WHEREAS, after a public notice as required by Law, the said Board of County Commissioners did conduct a public hearing on, ; and WHEREAS, proponents and opponents thereto were given an opportunity to present testimony and other evidence; and WHEREAS, after full consideration of all matters presented to it, the Board of County Commissioners issued its findings on the matter, which concurred with the Planning and Zoning Commission so that the overall public interest and development of the community were best served by the adoption of this ordinance amending the Somerset County Zoning Ordinance No. 741 as herein specified; and WHEREAS, the Board of County Commissioners for Somerset County, Maryland finds the following: A. Purpose and Applicability. In order to properly integrate all regulating provisions affecting Industrial Wind Energy Conversion Systems (IWECS), as defined herein, and to regulate such systems in an orderly and comprehensive manner, it is hereby

2 provided that Industrial Wind Energy Conversion Systems are subject to the regulations as set forth herein. The purpose of this Section is to regulate the permitting of Industrial Wind Energy Conversion Systems, and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of Industrial Wind Energy Conversion Systems. These provisions apply in Somerset County. B. Findings. Somerset County finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Industrial Wind Energy Conversion Systems will also enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the State s energy supply. Industrial Wind Energy Conversion Systems also make the electricity supply market more competitive by promoting consumer choice. NOW THEREFORE, BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS FOR SOMERSET COUNTY, MARYLAND THAT: 1. Section 5.2.e. of the Zoning Ordinance No. 741 is amended to add subsection 32 Industrial Wind Energy Conversion System(s) as permitted by Special Exception (SE) only in Agricultural Residential Districts (AR), General Commercial Districts (C-2), Light Industrial Districts (I-1) and General Industrial Districts (I-2). The use is not permitted (N) in all the remaining zoning districts. 2. Section 5.8 of the Zoning Ordinance No. 741 is amended to add subsection 5.8.k which states as follows: k. Wind Energy Conversion Systems. 1. Definitions. a. Applicant. The person filing an application under this section. b. Facility Operator. The entity responsible for the day-to-day operation and maintenance of the Wind Energy Conversion System. c. Facility Owner. The entity or entities having controlling or majority equity interest in the Wind Energy Conversion System, including their respective successors and assigns. d. Height of the Industrial Wind Energy Conversion System. The height of the Industrial Wind Energy Conversion System is determined by the vertical distance from grade to the top of the highest blade. e. Industrial Wind Energy Conversion System(s) (IWECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility

3 interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. The energy produced by such systems is intended for sale to large-scale energy providers through the grid system. f. Non-participating Landowner. A landowner not under agreement with the applicant, facility owner or operator. g. Participating Landowner. A landowner under lease or agreement with the applicant, facility owner or operator pertaining to the Wind Energy Conversion System. h. Shadow Flicker. The term used to describe shadows on the ground and surrounding structures that may emanate from the rotating blades of a wind turbine. i. Small Wind Energy System. A single towered wind energy conversion system that is used to generate electricity and which has a total height of 160 feet or less. The equipment includes, but is not limited to, any base, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire or other component used in the system. j. Wind Energy Device. A wind energy conversion device (usually a turbine) that produces electricity. Turbines are typically manufactured as Horizontal Axis or Vertical Axis. Wind Energy Devices can be classified for industrial, agricultural or domestic uses. k. Wind Farm, Industrial. (Also referred to as an array. ) Area arranged and dedicated to the construction and maintenance of more than one Industrial Wind Energy Conversion System. The energy produced by such systems is intended for sale to large-scale energy providers through the grid system. l. Wind Turbine. See Wind Energy Device. 2. Procedure: All applicants for an Industrial Wind Energy Conversion System shall make application for a Special Exception as provided herein. A Site Plan shall be required as provided in section 6 of this Zoning Ordinance. The same shall then be reviewed and approved by the Planning and Zoning Commission following the Board of Zoning Appeals review and approval of the required Special Exception.

4 3. Setback Requirements. The following setback distances shall be maintained for Industrial Wind Energy Conversion Systems: a. Each individual IWECS shall observe a minimum setback distance equal to no less than one (1.0) times the height of the unit plus twenty (20) feet from the property line of a non-participating landowner or from any road. Setback distances shall be measured from the base of the unit to the property line or nearest point on the road right-of-way. b. Five Hundred (500) feet from any participating residence and seven hundred fifty (750) feet from any non-participating residence as measured from the base of the unit to the nearest point on the foundation. c. One thousand (1,000) feet from all schools, places of worship, hospitals or day care centers, as measured from the base of the unit to the nearest point on the foundation. d. All applicants shall contact the Department of Natural Resources, Wildlife and Heritage Division in all applications for habitats of Rare, Threatened or Endangered (RTEs) species as delineated on the Department of Natural Resources (DNR), Heritage Division Environmentally Significant Area (ESAs) maps. e. Applicants may seek a Variance of the required minimum setback in 2a, 2b and 2c as prescribed herein. 4. Electromagnetic Interference. a. All applicants shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television, or similar signals, and shall mitigate any harm caused by the Wind Energy Facility. b. As part of a Special Exception request before the Board of Zoning Appeals, the Applicant shall submit an Electromagnetic Interference Analysis (EIA) at the applicant s expense before final approval. 5. Noise. All applicants shall comply with the noise control requirements set forth in Title 3 of the Environment Article of the Annotated Code of Maryland entitled Noise Control. 6. Shadow Flicker. The facility owner or the facility operator shall make such reasonable efforts as necessary to avoid, prevent, minimize, mitigate and eliminate Shadow Flicker on any roadway or on a residence of a

5 nonparticipating landowner. 7. Appearance and Color. The towers and generators of the IWECS shall be of a non-obtrusive color such as white, off white, gray unpainted aluminum or other neutral color, subject to any applicable standards of the Federal Aviation Administration or other regulatory requirements. 8. Advertising. No advertising, except signage for the reasonable identification of the IWECS manufacturer, facility owner or operator or permitted safety warnings shall be displayed on the IWECS structure. 9. Military Installations. a. All applicants for IWECS greater than two hundred (200) feet in height are encouraged to notify Naval Air Station (NAS) Patuxent River of their intent to install a wind energy system. b. Applications for IWECS greater than two hundred (200) feet in height shall be subject to a military compatibility review by the Department of Defense (DoD) Siting Clearinghouse, as part of the Federal Aviation Administration (FAA) Obstruction Evaluation/Airport Airspace Analysis (OE/AAA). Applicants may request an informal review prior to OE/AAA by contacting the DoD Siting Clearinghouse. 10. Decommissioning Bond. a. Decommissioning provisions in this subsection shall apply to Industrial Wind Farms, or portions thereof. b. The IWECS facility owner or operator shall, at its expense, complete decommissioning of the IWECS facility within one hundred eighty (180) days of the cessation of facility operations. In the case of individual turbine units, the unit will be presumed to have ceased operations if no electricity is generated for a continuous period of two (2) years. c. Decommissioning shall include the removal and appropriate legal disposal or recycling of all IWECS components, including, but not limited to: turbines, support facilities, buildings, roads, cables, electrical components, concrete, fencing, gravel, stone and foundations to a depth of 36 inches below grade. d. Disturbed earth shall be graded and reseeded unless the landowner requests in writing that the access roads or other land surface areas not

6 be restored. e. Prior to permitting, an independent and certified professional engineer shall be selected by the Applicant to prepare a cost estimate for decommissioning. Such estimate shall include and shall consider the salvage value of the parts of each Wind Energy device. All costs associated with this task shall be borne by the applicant. f. The amount of any required bond shall be equal to One Hundred (100) Percent of the total decommissioning costs less the salvage value. A bond equal to One Hundred (100) Percent of the above-referenced difference shall be posted by the applicant for each wind energy device to be erected, and no permit shall be issued until such bond is posted. Note: If Salvage Value exceeds total decommissioning costs, no bond need be posted. g. Any applicable bond shall be held by the Director of the Department of Technical and Community Services to be used as surety in the event of non-compliance on the part of the applicant/owner/operator or in the event that the unit ceases operation for a period of time greater than two (2) years. In the event that the unit is sold, the bond shall be released if the new owner shall post a bond in an equal amount with the Somerset County Department of Technical and Community Services. h. In the event that the operator ceases to operate the unit or has abandoned the unit for a period in excess of two (2) years, the County at its sole discretion may request that the unit be decommissioned and removed. In the event the applicant/operator does not comply with the request, the bond shall be utilized by Somerset County to cover the costs of decommissioning. The bond may further be utilized by the County for the costs of correcting any other acts of noncompliance with these regulations of directives of the County. i. In the event of a transfer of unit ownership, the County reserves the right to reassess the amount of any required bond and request an additional amount to be posted in order to provide adequate surety. Any costs to the County associated with these activities shall be reimbursed by the current project owner or operator. j. Five years after construction completion and every five (5) years thereafter, the Applicant/Operator shall retain an independent and certified professional engineer to prepare a cost estimate for decommissioning, which estimate shall include salvage value. All

7 costs associated with this task shall be borne by the applicant or operator. The most recently-prepared cost estimate shall be compared to the amount currently under any required bond, and the County, at its sole discretion, may alter the bond amount to stay current with the decommissioning cost estimates. 11. Supplemental Safety Provisions. a. No IWECS shall incorporate any artificial exterior lighting except what is specifically required by the Federal Aviation Administration (FAA). In the event the FAA requires daytime high intensity strobe lighting, a set of red or amber marker lights shall be installed for nighttime use. The red or amber lights shall replace daytime strobe lights from dusk until dawn. All high intensity strobe lights shall be turned off at twilight, subject to FAA requirements. b. Each turbine and all equipment and storage structures, facilities or enclosures shall incorporate no less than two (2) Warning Signs. Each sign shall include the words: Danger High Voltage and shall include symbols or pictographs representing same. Any such signage shall be legibly discernible at a distance of fifty (50) feet. C. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, the remainder of this Ordinance, other than those provisions that are held invalid, shall not be affected. D. Effective Date. This Ordinance shall become effective on,. ATTESTED BY: BOARD OF COUNTY COMMISSIONERS FOR SOMERSET COUNTY, MARYLAND Ralph D. Taylor, County Administrator Rex Simpkins, President Charles F. Fisher, Vice President

8 Jerry S. Boston Randy Laird Craig N. Mathies, Sr.

HEIGHT, TOTAL SYSTEM: The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.

HEIGHT, TOTAL SYSTEM: The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors. SECTION I - INTENT The intent of this ordinance is to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community. The [City/County]