HomeMy WebLinkAboutord2012-041clean WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 223D
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 10/23/2012 Introduction
Alex Cleanthous n rc ( O bob >_
Division Head: p� E C E G V E ® 11/7/2012 Public Hearing
Wain Harrison J 1]
SamtRHeard: fit. i Q� ^ t i- i s OCT 2012
Prosecutor: ItJ WHATCOM COUNTY
Royce Buckingham la ( - 1 2
Purchasing/Budget: COUNCIL
Brad Bennett
Executive:
Jack Louws
TITLE OFD I C 1,1i NT: Wind Energy Systems
ATTACHMENTS:
( 1 ) Council ' s Ordinance
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date: November 7, 2012
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Amendments to Whatcom County Code 20. 14 Wind Energy Systems. The proposal allows for a range of Wind
Energy System (WES) sizes with regulations pertaining to setbacks, appearance, sound levels and measurement,
abandonment and complaint issues.
COMMITTEE ACTION: COUNCIL ACTION:
10 / 23 / 2012 : Introduced
11 / 07 / 2012 : Council Adopted 5 - 1 , Mann opposed
and Weimer absent
Ord . 2012-041
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2012 -041
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council.
1 :\Planning Division\Long Range Planning\PLN-CP-Code Amendments\2010\PLN-2010 Files\PLN2010-00026 - Wind Energy\Council\October 23, 2012\pin2010-00026-
agendabill-20121023.docx
•
SPONSORED BY : Consent
PROPOSED BY: PDS
INTRODUCTION DATE : 10 / 2 3 / 2 012
ORDINANCE NO. 2012-041
AMENDING WCC TITLE 20 . 14, WIND ENERGY SYSTEMS
WHEREAS, ORD2008 - 043 adopted development regulations for Wind Energy
Systems in unincorporated Whatcom County .
WHEREAS, The Whatcom County Council adopted emergency ordinance 2010 - 015
prohibiting the application for wind energy systems greater than 500 kw and the
application for multiple wind energy systems with a cumulative rated output greater
than 100 kw .
WHEREAS, ORD2010 - 018 established a moratorium on wind energy systems
greater than 500 kw and the application for multiple wind energy systems with a
cumulative rated output greater than 100 kw .
WHEREAS, In accordance with RCW 36 . 70A . 106 Whatcom County Planning and
Development Services notified the Department of Commerce of proposed
amendments to WCC 20 . 14 on Nov 3 , 2010 .
WHEREAS, The Whatcom County SEPA official issued a Determination of
Nonsignificance ( DNS ) . on April 13 , 2011 .
WHEREAS, the Planning Commission held a public hearing on May 26 , 2011 and
voted 6 - 1 for a recommendation of approval for the proposed amendments to WCC
20 . 14 , Wind Energy Systems .
WHEREAS, the Whatcom County Council held a number of work sessions between
2011 and 2012 as well as public hearings on May 8 and November 7 , 2012
regarding revisions to the Wind Energy chapter of the Whatcom County Code .
FINDINGS OF FACT AND REASONS FOR ACTION
1 . The Whatcom County Council in response to the moratorium organized a
Wind Energy Work Group . The work group was comprised of citizens ,
renewable energy professionals , Whatcom County staff and elected officials .
2 . The Wind Energy Work Group met twice , May 4 and 14 , 2010 .
3 . The Wind Energy Work Group discussed issues such as setbacks , noise ,
shadow flicker and siting of windmills near residential development .
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4 . The results of the Wind Energy Work Group were two proposed ordinances ,
one from Councilmember Brenner and one from Council member Mann . The
Whatcom County Council was unable to reach consensus on an ordinance
and requested the Whatcom Planning Commission to review the proposals
and make a recommendation .
5 . The Whatcom County Planning Commission held work sessions on and a
public hearing on the results of the Wind Energy Work group on November
18 , 2010 , and December 9 , 2010 respectively .
6 . At the December 9 , 2010 hearing the Planning Commission was unable to
find consensus between Councilmember Brenner and Mann 's proposals . The
Planning Commission requested that staff begin to re - evaluate the current
ordinance and make improvements based on concerns raised by the public
and discussion at the Planning Commission work session and public hearing .
7 . Planning staff held two more work sessions on updating WCC 20 . 14 . Those
work sessions were held on January 13 and March 24 , 2011 .
8 . Citizens and Planning Commissioners identified the following as issues to be
addressed during the work sessions ; permitting and zoning , setback
requirements , pre and post monitoring of sound , height limitations , blade
throw , shadow flicker, animal habitat impacts , and decommissioning .
9 . The Whatcom County Planning Commission held public hearings on proposed
changes to WCC 20 . 14 on April 28 and May 26 , 2011 .
10 . A legal notice for the May 26 , 2011 Whatcom County Planning Commission
public hearing was publishing on May 15 , 2011
11 . The Whatcom County Planning Commission at the May 26 , 2011 public
hearing voted 6 - 1 to recommend approval to the Whatcom County Council on
amendments to Whatcom County Code 20 . 14 .
12 . The Whatcom County Council has held a number sessions between 2011 and
2012 on the proposed ordinance to amend WCC 20 . 14 Wind Energy Systems .
13 . At the work sessions issues such as , permits , zoning , setback requirement,
sound level measurement, height limitations , general safety , blade tip height
requirements , ice throw , blade throw , flicker analysis , establishing a
complaint process , and abandonment of the systems were discussed .
14 . The Whatcom County Council held a public hearing on the proposed
amendments to WCC 20 . 14 on November 7 , 2012 .
CONCLUSION
The proposal meets all of the legal requirements as noted within the
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Findings of Fact and Reasons for Action . The proposed amendment is
compatible with the Growth Management Act, Whatcom County
Comprehensive Plan Goals and Policies , along with policies within Whatcom
County 's County Wide Planning Policies . Approval of this amendment is in
the public interest .
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that :
Section 1 . The Official Whatcom County Zoning Ordinance (Title 20 ) is hereby
amended as shown in Exhibit A .
ADOPJ� 'ttlaiiri7;h day of November , 2012 .
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Civil Deputy Prosecutor ack Lowly ' , Executive
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Chapter 20. 14
Wind Energy Systems
Sections
20 . 14.010 Purpose
20 . 14 .020 Definitions
20. 14 .030 Applicability
20 . 14.040 Regulatory Framework
20. 14 .050 General Requirements
20. 14 .060 Sound Levels and Measurement
20 . 14.070 Safety
20. 14.080 Sound measurement protocol for assessment of proposed and existing wind energy
systems with a cumulative rated output over 100 kW
20. 14.090 Complaint Process
20 . 14. 100 Abandonment, insurance, and decommissioning for WES
20 . 14 . 110 Federal , State and Local Requirements
20. 14.010 PURPOSE
The purpose of the Ordinance is to regulate the installation and operation of wind energy conversion
systems in Whatcom County for private landowners, subject to reasonable restrictions.
20. 14.020 DEFINITIONS
As used in this Ordinance, the following terms shall have the meanings indicated :
County shall mean Whatcom County government.
1 . County shall mean the Whatcom County government.
2 . Decibel — A unit of measure of sound pressure.
3 . dB(A) — A-weighted sound pressure scale .
4 . dB (C) — C-weighted sound pressure scale.
5 . FAA shall mean the Federal Aviation Administration .
6 . Flicker or Shadow Flicker — The moving shadow cast by the rotating blades of a
SWES/WES , or any intermittent, repetitive, or rhythmic lighting effect that is a direct result
of rotating SWES/WES blades.
7 . Flicker Analysis — A study showing the duration and location of flicker potential .
8 . Hub Height — The distance from the ground to the center axis if the rotor.
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9 . Qualified Independent Acoustical Consultant — A private, third-party individual with full
membership in the Institute of Noise Control Engineers (INCE), or other demonstrated
acoustical engineering certification.
10. MET Tower or "Meteorological tower" - a structure designed to support the gathering of
wind energy resource data , and includes the tower, base plate, anchors, guy cables and
hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold
equipment anemometers and vanes, data logger, instrument wiring, and any telemetry
devices that are used to monitor or transmit wind speed and wind flow characteristics over
a period of time for either instantaneous wind information or to characterize the wind
resource at a given location .
11 . Rotor — A system of airfoils designed to provide a reaction force relative to the movement
of the surrounding air. The rotor is connected to a hub that rotates around an axis .
12 . Small Wind Energy System (SWES) - A wind energy conversion system, with a rated
output up to and including 50 kW, consisting of: wind turbine, tower, base and associated
control or conversion electronics, as well as all anchors, guy cables and hardware.
13 . Total Height — The distance measured from the grade plane. (WCC 20.97. 162) to the tip of
the SWES/WES rotor blade extended to its highest point. The support tower structure may
be freestanding, guyed, or a monopole .
14 . Tower Height - The distance measured from the grade plane (WCC 20 .97 . 162) to the hub
height of the wind turbine . This structure may be freestanding, guyed, or a monopole .
15 . Upwind Turbine Design — A SWES/WES that has rotors and towers aligned such that the
wind encounters the rotors before the tower. The tower will always be downwind of the
rotors.
16 . Wind Turbine - The parts of the wind energy conversion system including the blades,
generator and tail .
17. Wind Energy System (WES) - A wind energy conversion system with a rated output
greater than 50 kW consisting of wind turbine, tower, base and associated control or
conversion electronics, as well as anchors, guy cables, and hardware .
20.14.030 APPLICABILITY
1 . The requirements set forth in this Ordinance shall govern the siting of wind energy
conversion systems used to generate mechanical or electrical energy to perform work,
and which may be connected to the utility grid pursuant to the Revised Code of
Washington, Chapter 80 .60, Net Metering of Electricity, and serve as an independent
source of energy, or serve as part of a hybrid system .
2 . The requirements of this Ordinance shall apply to all Small Wind Energy Systems
(SWES) and Wind Energy Systems (WES) proposed after the effective date of this
Ordinance. Any SWES/WES for which a required permit has been properly issued prior
to the effective date of this Ordinance shall not be required to meet the requirements of
this Ordinance ; provided, however, that any such pre-existing SWES/WES that is not
producing energy for a continuous period of twelve ( 12) months shall meet the
requirements of this Ordinance prior to recommencing production of energy. No
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modification that increases the height of the system or increases the system output more
than 25 % shall be allowed without full compliance with this Ordinance.
20. 14.040 REGULATORY FRAMEWORK
.041 PERMITS AND ZONING
System Type Required Permit Zones
MET Tower. Outright permitted' All — for up to 24 months
One or multiple SWES with a Outright permitted ' All
cumulative rated output up to
and including 50 kW.
One WES with a rated output Administrative permit2 HII
greater than 50 kW up to and .
including 500 kW.
One or multiple WES with a Conditional Use permit] HII
rated output greater than 500
kW.
Multiple WES per parcel with Conditional Use permit] HII
a cumulative rated output
greater than 50 kW.
SWES/WES Not permitted Within and 1000 feet
beyond the boundaries of
the Lake Whatcom
Watershed that are
recognized and approved by
Whatcom County, except
that roof mounted SWES
that do not exceed a total
height of five (5) feet above
the highest roof peak of the
building on which they are
mounted are allowed.
1 - SWES, WES and MET towers are required to be in compliance with but not limited to Whatcom County
Code, Title 15, Buildings and Construction, and acquire the necessary building permits.
2 — Administrative Permit WCC 20.84.235
3 - Conditional Use Permit WCC 20.84.200
.042 PRINCIPAL OR ACCESSORY USE
1 . A SWES/WES may be considered either as a principal or accessory use . A different
existing use or an existing structure on the same lot shall not preclude the installation of a
SWES/WES or a part of such facility on such lot. Any SWES/WES that is constructed
and installed in accordance with the provisions of this Ordinance shall not be deemed to
constitute the expansion of a nonconforming use or structure.
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20. 14.050 GENERAL REQUIREMENTS FOR SWES AND WES
.051 VISUAL APPEARANCE ; LIGHTING; POWER LINES
1 ) Wind Turbines shall be painted a non-reflective, non-obtrusive color such as the
manufacturer' s default color option or a color that conforms to the environment and architecture
of the community, unless FAA standards require otherwise . The zoning administrator may
require a photo of a SWES/WES, of the same model as that proposed in the landowner' s
application, adjacent to a building or some other object illustrating scale (e .g., manufacturer' s
photo) .
2) At SWES/WES sites, the design of the buildings and related structures shall, to the extent
reasonably possible , use materials, colors, textures, screening and landscaping that will blend the
SWES/WES to the natural setting and the existing environment.
3) No SWES/WES shall be artificially lighted, except to the extent required by the FAA or
other applicable authority.
4) No SWES/WES shall be used for displaying any advertising except for reasonable
identification of the manufacturer or operator of the wind turbine .
5) Electrical controls, control wiring and power lines shall be wireless or underground,
except where SWES/WES wiring is brought together for connection to the transmission or
distribution network adjacent to that network, and except that in the Agricultural Zone the
minimum installation depth for electrical controls, control wiring and power lines is 48 (forty-
eight) inches below finish grade .
6) The road access to the proposed site must be rated to carry an axle load sufficient to bear
the weight of all materials, vehicles, and equipment delivered to the site .
7) The compatibility of the foundation, tower, and generating unit (including rotor and rotor-
related equipment) shall be certified in writing by a professional engineer licensed in Washington
State . The engineer shall certify compliance with established engineering practices and
compliance with all applicable adopted codes and regulations. For all SWES/WES, the
manufacturer' s engineer or another qualified engineer shall certify that the turbine, foundation
and tower design of the SWES/WES are compatible and within accepted professional standards,
given local design criteria per Whatcom County Code, Chapter 15 .
8) The electrical system design shall be certified in writing by an electrical engineer licensed
in Washington State unless waived by the Building Official . All SWES/WES electrical systems
shall comply with requirements per the Washington State Department of Labor and Industries
and the current adopted edition of the National Electrical Code when and where applicable.
9) All SWES/WES shall meet requirements per the applicable sections of WCC 20. 80 .634,
20. 80 .635 , and 20. 80 .636 for erosion control and stormwater management.
10) Violation of any part of this chapter of the code (WCC 20. 14) shall be subject to the
provisions of WCC 15 .04.050 .
.052 SETBACK REQUIREMENTS
The following setback requirements shall apply to all SWES/WES and MET Towers. All
setbacks are measured from the property lines of the property on which the project is located :
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1 ) Setbacks table
System Size Setback Requirement
Up to and including 50 kW 1 .2 times total height, to a maximum of total height plus 20
feet'
Greater than 50 kW 1320 feet (one quarter mile) from a property line of any
property in a non-HII zone. If the neighboring property is an
HII zone the setback is 1 .2 times the total height from the
property line . '
Footnote 1 . A reduction in setbacks may be approved if appropriate easements from neighboring property owners or
appropriate mitigation acceptable to neighboring property owners are approved by the Zoning Administrator or
Hearing Examiner and recorded against the applicable deed(s).
2) Communication and electrical lines : Each SWES/WES shall be set back from the nearest
above-ground public or private non-participating utility a distance no less than 1 .2 times its
Tower Height, up to a maximum of Tower Height plus 20 feet, determined from the existing
power line or telephone line .
3) Setbacks shall be measured to the outer edge of the base of the SWES/WES structure
towers . Guy cables and other accessory support structures may be located within setback areas.
4) Setback to other WES : A WES may not be placed such that it substantially disturbs the
wind flow into another WES . A new WES may not be placed such that another non-participating
WES falls within an egg-shaped exclusion zone around the new WES defined by an axis along
the primary wind direction . In the upwind direction the exclusion zone shall have a semi-circular
shape with a radius three times the rotor diameter of the new WES . In the downwind direction
the exclusion zone shall have a semi-elliptical shape extending eight times the rotor diameter of
the new WES along the axis downwind and extending three times the rotor diameter of the new
WES in a direction perpendicular to the axis. In this way the new WES will be at least three of its
rotor diameters behind, three to the side of, and eight in front of a pre-existing WES .
.053 HEIGHT LIMITATIONS
1) The total height of a WES shall not exceed 500 feet. MET Towers cannot exceed a
maximum height of 100 feet except in the Agricultural, Rural Forestry and Commercial Forestry
zones.
2) SWES with a total height taller than 100 feet must obtain an Administrative Permit,
except within the AG, CF and HII zones.
a). All SWES with a total height greater than 100 feet must provide in writing that the
height requested is the minimum height necessary for the SWES to operate
efficiently, and provide approved justification for the proposed height and analysis
according to recognized industry standards. .
20. 14.060 SOUND LEVELS AND MEASUREMENT
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.061 SWES Sound levels, performance, and measurement standards
1 . Audible sound is not to exceed 20 dB(a) above ambient background noise or 45 dB(a),
whichever is greater, at any point beyond the project property line. Detectable infrasound or C-
weighted sound pressure is not to exceed 20 dB(c) above ambient background noise or a maximum
of 45 dB(c), whichever is greater, except that there is no infrasound or C-weighted sound pressure
requirements at property lines adjacent to HII zones.
. 062 WES with a cumulative output greater than 50 kW sound level, performance, and measurement
standards
1 . Audible sound is to not exceed 10 dB (a) above ambient background noise or 45 dB (a),
whichever is greater, at any point beyond the project property line. Detectable infrasound or C-
weighted sound pressure is not to exceed 20 dB (c) above ambient background noise or a maximum
of 45 dB(c), whichever is greater, except that there is not infrasound or C-weighted sound pressure
requirements at property lines adjacent to HII zones.
.063 Upwind design shall be used on all WES greater than 50 kW, unless it can be demonstrated that
no detectable infrasound or C-weighted sound pressure is generated above 20 dB(c) and A-weighted
sound pressure standard can be met, as required per 20. 14 .061 and 20 . 14. 062 .
20. 14.070 SAFETY
.071 General Provisions for SWES/WES
1 . Wind Turbine towers shall not provide step bolts or a ladder readily accessible to the
public and shall be a minimum height of 10 feet above ground level .
2 . All electrical equipment shall be safely and appropriately enclosed from unintentional
access by means such as barrier fencing, equipment cabinetry or similar approved barriers. All
access doors to Wind Turbine towers and electrical equipment shall remain locked except when
access is necessary.
3 . Appropriate warning signage (e. g. , electrical hazards) shall be placed on Wind
Turbine towers, electrical equipment, and SWES/WES .
4 . Any SWES/WES found to be unsafe by the building official shall be repaired by the
landowner and/or project owner to meet federal , state and local safety standards, according to the
regulatory authority of the Building Official and applicable provisions per WCC Chapter 15 .
.072 Blade Tip Height
1 . The blade tip of any SWES with a cumulative rated output up to and including 50 kW
shall , at its lowest point, have ground clearance of no less than twenty (20) feet, as measured at
the lowest point of the arc of the blades.
2 . WES with a cumulative rated output greater than 50 kW shall , at its lowest point, have
ground clearance of no less than thirty (30) feet, as measured at the lowest point of the arc of the
blades.
.073 Over-speed Controls
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All SWES/WES shall be equipped with over-speed controls to limit rotation of blades to speed
below the designed limits of the system . No changes or alterations from the certified design shall be
permitted unless accompanied by a licensed professional engineer' s statement of certification
.074 Flicker Analysis for WES
1 . A flicker analysis is required for all WES . The analysis shall include the duration and
location of flicker potential for all buildings and for roadways within a one ( 1 ) mile radius of
each turbine within a project. The applicant shall provide a site map identifying the locations
of shadow flicker that may be caused by the project and the expected durations of the flicker
at these locations from sun-rise to sun-set over the course of a year. The analysis shall
account for topography but not for obstacles such as accessory structures and trees . Flicker at
any building shall not exceed thirty (30) hours per year within the analysis area. Flicker in
excess of the limits established in this ordinance shall be grounds for the County or his/her
designee to order operational adjustments, which may include mitigation measures requiring
cessation of operation during periods when flicker effects any building, for all non compliant
WES .
.075 Wildlife Protection for WES
Prior to permit approval provide documentation from a qualified professional wildlife
biologist (WCC Section 16 . 16, Article 8, Definitions) verifying the following:
1 . Endangered or Threatened Species : Development and operation of a WES shall not have
a significant adverse impact on endangered or threatened fish, wildlife, plant species,
their critical habitats, or other significant habitats identified in the Whatcom County
Comprehensive Plan and/or other current studies or plans relevant to the region and
recognized by the County.
2 . Other Species : The project development and/or operation plan shall be sited, designed
operated and monitored to prevent WES from having a significant adverse impact on
migratory birds, raptors and bats.
20. 14.080 Sound modeling and measurements.
.081 Sound Modeling
As part of the conditional use permit process, all WES proponents shall provide a report by a
qualified independent acoustical consultant approved by Whatcom County PDS and in accordance
with standard industry best practices, that models the sound transmission of the proposed WES at the
• ro ' ect • ro . e lines and indicates that the WES when operated aroseri will conform to the sound
performance requirements of this ordinance .
20. 14.090 Complaint process :
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If two or more complaints from different households are received with 2 weeks of each other, and
documented at a particular site, a sound measurement will be conducted within ten ( 10) business
days by a qualified consultant approved by Whatcom County.
The cost of the sound measurement shall be the responsibility of the WES owner/operator. The
operator shall reimburse the County for the expense within ten ( 10) days of billing.
Measurements shall be conducted where the complaints were documented.
If an evaluation shows that the WES is operating outside of its permitted sound performance
standards, the operator will have thirty (30) days to adjust the system(s) or terminate operations.
To avoid frivolous complaints, any household(s) that registers a complaint against a WES that is
proven to be in compliance shall be responsible for the costs of any future complaints originating
from the same household(s) for two years unless the WES project has expanded and/or proven to
be in violation of the sound performance standards. At the discretion of Whatcom County PDS ,
if it appears residents are abusing the complaint process, complaints may be compiled for three
(3 ) months at a time and then a sound study conducted at all of the locations . No WES project
shall be required to conduct more than two (2) sound measurements at any one adjacent property
per year unless the WES project has expanded and/or proven to be in violation of the sound
performance standards.
Complaints originating from properties located farther than 1 mile from a WES project do not
trigger the complaint process.
20. 14. 100 Abandonment, insurance, and decommissioning for WES
. 101 Abandonment:
Absent notice of a proposed date of decommissioning, WES project shall be considered
abandoned when the project fails to operate for more than one year without the written approval
of the Director or designee . The Director or designee shall determine in its decision what
proportion of the project is inoperable for the project to be considered abandoned and shall notify
the property owner. Within one hundred and twenty (120) days of receipt of Notice of
Abandonment or within one hundred and twenty ( 120) days of providing Notice of Termination
of Operations to the County, the owner of a wind energy system must comply with the removal
requirements in Section 20..14 . 102 below. If the property owner/project owner fails to remove
the WES in accordance with the requirements of this section within one hundred and twenty
( 120) days of Notice of Abandonment, the County shall have the authority to enter the property
and physically remove the WES . Financial Surety funds shall be used to pay for removal and
restoration.
. 102 Removal requirements :
When a SWES (with a total height that exceeds the height of the underlying zone) or a WES is
scheduled to be decommissioned, the project owner/property owner shall notify the County by
certified mail of the proposed date of discontinued operations and plans for removal . Within one
hundred and twenty ( 120) days of receipt of Notice of Abandonment or within one hundred and
twenty ( 120) days of providing Notice of Termination of Operations, the owner of a wind energy
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system must:
1 ) Remove all wind turbines, above-ground improvements, and outdoor storage.
Property owners of WES in the HII zone, and SWES in the AG and CF zones, may
choose to leave foundations in place and intact, partially or in whole, for approved,
permitted reuse, except that in the AG zone foundations left in place must be located
such that the distance between SWES foundations and foundations of existing
buildings shall not exceed 50 (fifty) feet.
2) Remove all hazardous material from the property and dispose of the hazardous
material in accordance with federal, state and local law.
3) In addition to removing the wind turbine generator, the owner shall restore the site by
planting native or other approved vegetation to minimize erosion .
. 103 Insurance :
Proof of continuous liability insurance shall be submitted to Whatcom County indicating
coverage for potential damages or injury to landowners, occupants, or other third parties . For
WES with a rated output greater than 50 kW the required insurance is two million dollars
($2 ,000,000.00) aggregate and one million dollars ($ 1 ,000,000 .00) per occurrence . Whatcom
County shall be named on the liability policy as additional insured. The insurance carrier shall be
instructed to notify all applicable governmental authorities of any delinquency in payment of
premiums. The liability policy shall be endorsed to notify the County of any cancellation thirty
(30) days in advance . Failure to provide such insurances shall be considered abandonment and
full and sufficient grounds for termination of the permit and disposal of the equipment and
appurtenances as stated herein .
. 104 Financial surety :
As a condition of WES permit approval, the applicant shall be required to provide a form of
surety (i .e., post a bond, or establish an escrow account or other means) at the amount of 150% of
the estimated full cost of project decommissioning less the approved, documented salvage value
of any applicable project materials and equipment, naming Whatcom County as the beneficiary.,
with fifty percent (50%) due prior to final project approval, twenty-five percent (25 %) due within
twelve ( 12) months of the date of final project approval, and twenty-five percent (25 %) due
within twenty-four (24) months of the date of final project approval, to cover costs of WES
removal in the event the County must remove the facility. Nothing may prevent the County from
seeking reimbursement from the WES project owner. The project owner is responsible to the
County for any costs related to decommissioning that exceed the amount of financial surety.
As part of the Decommissioning Plan, the Applicant shall submit a fully inclusive estimate of the
costs associated with removal , accounting for reasonable salvage value of any applicable project
materials and equipment, prepared by a qualified professional . The decommissioning plan shall
provide that the decommissioning funds shall be reevaluated every five years from the date of
substantial completion of the WES to ensure sufficient funds for decommissioning and, upon
mutual agreement by the Applicant and the County at that time, the amount of decommissioning
funds shall be adjusted accordingly.
Prior to permit issuance, the Applicant shall provide the County with a copy of the Financial
Surety device or another approved mechanism .
. 105 Decommissioning plan :
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As part of the permit approval process, a decommissioning plan shall outline the anticipated
means and cost of removing WES at the end of their serviceable life or upon becoming a
discontinued use. The cost estimates shall be made by a competent party; such as a Professional
Engineer, a licensed contractor capable of decommissioning or a person, firm, partnership,
corporation or other entity with suitable expertise or experience with decommissioning, as
determined by the Building Official or designee. The plan shall also identify Financial Surety to
pay for the decommissioning and removal of the WES and accessory facilities. The plan shall
also address road maintenance during and after the decommissioning.
20. 14. 110 FEDERAL, STATE AND LOCAL REQUIREMENTS
1 ) SWES/WES shall comply with all current adopted Whatcom County Codes &
Ordinances, including but not limited to Whatcom County Code, Title 15 , Title 16, and Title 23 .
2) SWES/WES must comply with regulations of the Federal Aviation Administration
(FAA), along with requirements within WCC 20 . 80 .675 "Height Limitations Surrounding
Airports" .
a) If necessary an applicant may be required to submit the following information for
analysis of airspace obstructions in relation to WCC 20. 80 .675 : Mean Sea Level
(MSL) of adjacent airports; MSL of proposed site ; Euclidean distance from adjacent
airports to proposed site, total elevation/height of SWES/WES structure .
3) All SWES/WES electrical systems shall comply with requirements per the Washington
State Department of Labor & Industries and the current adopted edition of the National Electrical
Code (NEC) when and where applicable.
4) All SWES/WES with the intention to tie to their respective utility provider' s grid system,
shall meet the requirements of Chapter 80.60 of the Revised Code of Washington, Net Metering
of Electricity.
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