Kosciusko County Zoning Ordinance July 20 2021

Section 3.29.3.B.2 SETBACKS: Each proposed large wind turbine generator or meteorological testing tower shall meet the following applicable setback requirements:

a. Each wind turbine generator or meteorological testing towers (MET) and any associated features shall be set back from any adjoining property lot line, road right-of-way, railroad right-of-way or overhead electrical transmission or distribution lines a minimum distance of 3,960 feet or 6.5 times the height of the tower from the base to the tip of the blade in 
vertical position, whichever is greater.

b. Wind Farms and WECS’ occupying multiple parcels may have internal property line setbacks waived by execution of a written document signed by all land owners sharing such a property line. All such documents shall be recorded in the office of the Kosciusko County Recorder within 45 days of the signing of each wind lease agreement and said document shall be cross referenced to the current recorded deed. The wind developer may not submit a memorandum of lease containing multiple lease contracts to the Kosciusko County Recorder. Signed wind lease contracts not submitted to the Kosciusko County Recorder’s office within 45 days of signing are null and void in Kosciusko County.

c. The setback distance for the WECS shall be one mile from any platted community of a municipality. Distance shall be measured from the center of the foundation at the base of the WECS to the closest Corporate Limit boundary line. 

Section 3.29.3.D MAXIMUM NOISE LEVELS: Any proposed wind turbine generator shall produce sound levels that are no more than 32 decibels as measured on the dB(A) scale at the property lines of the site in question. For all towers other then micro wind systems the following shall be provided:

1. A noise study by a licensed acoustician chosen by the Kosciusko County Plan Commission and paid for by the wind developer shall be submitted with any application for a wind turbine generator tower. Said study shall be prepared by a qualified professional acoustician with no less than three years of experience conducting WECS and community noise sound studies and shall include the  Kosciusko County Zoning Ordinance - 50 - following, at a minimum:

a. A description and map of the project’s noise producing features, including the range of noise levels expected, and the basis of the expectation;

b. A survey and report prepared by a qualified acoustician with no less than three years of experience conducting WECS community noise sound studies and wind development that analyzes the preexisting ambient noise (including seasonal variation) and the potentially affected residences, schools, public buildings or other noise sensitive land uses located within 2 miles of the proposed project site. Study shall include decibels for both A and C weighted scales.

c. A description and map of the cumulative noise impacts and any problem areas identified.

d. A description of the project’s proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive land uses.

Section 3.29.3.X Shadow Flicker (none produced on non-participating properties)

Section 3.29.3.Y Property Value Guarantee (offered to residents within 2 miles)

Section 3.29.3.Z: Prior to meeting with landowners in Kosciusko County to secure leases and holding private meetings with residents, the wind developer must notify every household and landowner within five miles of a planned wind project of their intentions to develop a wind farm in the area via certified letter. The wind developer must also contact the Kosciusko County Plan Director and inform the Kosciusko County Planning Commission of their intent to develop a wind farm in Kosciusko County prior to notice being sent to residents and landowners and prior to meeting with landowners to secure wind lease contracts in Kosciusko County.