Buffalo County NE resolution (3 mile setback to turbines)

Excerpt

Chairperson Klein opened the public hearing at 9:47 A.M. for Code Amendments to The Buffalo County Zoning Regulations, with renumbering as necessary, in the following sections: (Renumbered) Section 6.6, Location and Distance Requirements of Wind Farms.  Deputy County Attorney Hoffmeister was present to review and answer any questions.  Sonja Peterson of Miller Nebraska and Dawson County residents Trace Turecek and Matt McTygue addressed the Board in favor of the proposed code amendment for distance requirements.  No one addressed the Board in opposition of the code amendment and Chairperson Klein closed the hearing at 10:10 A.M.  
Moved by Loeffelholz and seconded by Maendele to accept the Code Amendments for the (Renumbered) Section 6.6, Location and Distance Requirements of Wind Farms with the following Resolution 2023-09 and refer to the Planning & Zoning Commission for additional matters.  Upon roll call vote, the following Board members voted “Aye”:  Loeffelholz, Maendele, Higgins, Kouba, Lynch, Morrow and Klein.  Motion declared carried. 

A. A Wind Farm, as herein defined within the Buffalo County Zoning Regulations:  
Shall not be located or expanded within: 
a.    Three-miles of Agricultural Residential (AGR) zoned property. 
b.    Three miles of any owned in whole or in part by a non-applicant of the wind farm, unless the applicant secures consent of all property owners of parcels within three miles of the parcel boundaries containing the proposed wind farm. This can be waived, with an agreement in writing filed with the Register of Deeds, executed and filed prior to submittal of the application. 
c.    Three-miles of any church, synagogue or temple, hospital, public school or public park, or any licensed day care center or day care home. 
d.    Five-miles of any incorporated village or city. 
e.    Two Miles of a private or public burial site. 
f.    The south river bank of the Platte River to three miles from the north right of way for Highway 30 and three miles from the centerline of Highway 2. 
g.    Three miles from the thread of the stream of the South Loup River. 
h.    Five miles from any Federal or State wildlife preservation or management area.