Cherokee County Kansas resolution 09-2022 regulating wind energy facilities

WHEREAS, the Board of County Commissioners of Cherokee County, Kansas, the governing body or Cherokee County (the "Board"), has general police powers and home rule powers pursuant to K.S.A. I 9- 10 I a et seq. to determine the local affairs of Cherokee County and perform all powers of local legislation as it deems appropriate to protect and preserve the interest of Cherokee County and its citizens and to protect and promote their health, safety, and welfare.

WHEREAS, industrial-scale wind turbine power generation facilities have the potential to impact the health, safety, and/or welfare of citizens in Cherokee County, particularly those with land or residences in the vicinity of such facilities and/or impacted by such projects.

WHEREAS, given the impact to the health, safety, and/or welfare of the Citizens of Cherokee County, the Board deems it appropriate to establish certain regulations concerning Industrial-Scale Wind Turbine Power Generation Facilities and to require licensing of the same within Cherokee County.

C. Standards and Requirements: All industrial-scale wind turbine power generation facilities shall meet the following standards and requirements:

1. Aesthetic and Scenic Vista: The maximum turbine height of any wind turbine shall not exceed four hundred forty (440) feet. Each wind turbine must be at least six (6) times its rotor diameter from another wind turbine beginning at the nearest point on the base of each tower.

2. Lighting: Wind turbines shall be equipped with an Aircraft Detection Lighting System (ADLS) using only vendors approved by the FAA. Lighting shall be fully shielded from the ground, be FAA compliant, and minimize lighting blinking and brightness nuisance.

3- Noise:

a. No industrial-scale wind turbine power generation facility shall generate audible noise that exceeds 39 dBA or 4 dBC (dBC to dBA ration of 10 dB per ANSI standard S 12.9 Part 4 Annex D) during the hours of 10 p.m. to 7 a.m. for any duration, at any property line within 5250 feet of the base of the nearest wind turbine. This requirement may be waived by the Board upon proof of an agreement waiving these requirements signed by the owner/operator of the facility and all landowners/leaseholders within 5250 feet. Said agreement shall be recorded with the Cherokee County Register of Deeds.

b. No industrial-scale wind turbine power generation facility shall generate plainly audible noise that exceeds 45 dBA or 55 dBC (dBC to dBA ratio of 10 dB per ANSI standard 512.9 Pafi4 Annex D) during the hours of 7 a.m. to 10 p.m. for any duration, at any property line within 5250 feet of the base of the nearest wind turbine. This requirement may be waived by the Board upon proof of an agreement waiving these requirements signed by the
owner/operator of the facility and all landowners/leaseholders within 5250 feet. Said agreement shall be recorded with the Cherokee County Register of Deeds.

c. No industrial-scale wind turbine power generation facility shall generate any acoustic, vibratory, or barometric oscillations that exceeds a sound pressure level from 0.1 to 20 Hz of 50 dB (unweighted) re 20uPA or exceeds and RMS accelerations level of 50 dB (unweighted) re I micro-g by instrumentation at any property line within 5250 feet of the base of the nearest wind turbine.

4. Set-backs:

a. Owners and operators of all industrial-scale wind turbine power generation facilities shall maintain a distance of 5250 feet between any turbine located in Cherokee County and the nearest property line, using turbine pole centerline as a wind turbine measuring point.

b. Owners and operators of all industrial-scale wind turbine power generation facilities shall maintain a distance between the base of any turbine and any public road right of way, third-party transmission lines, antenna, communications towers, or water tower in Cherokee County of not less than. Owners and operators of all industrial-scale wind turbine power generation facilities shall maintain a distance between the base of any turbine and any cropland otherwise capable of being serviced by aerial spraying of not less than 2,500 feet.

d. Owners and operators of all industrial-scale wind turbine power generation facilities shall maintain a distance between the base of any turbine and any airport, airfield, or landing strip of not less than five nautical miles.

e. Owners and operators of all industrial-scale wind turbine power generation facilities shall maintain a distance between the base of any turbine and wildlife refuges (as owned and/or operated by the Kansas Department of Wildlife & Parks), lakes or rivers of three (3) miles. 

f. In no case shall an industrial-scale wind turbine power generation facility be located closer to a primary structure than 5250 feet.