Upon successful approval of a conditional use permit for wind energy facilities, the site, installation of and operation of the wind turbines and associated facilities shall be used and operated under the following requirements:
A. Use of public roads.
(1) The applicant shall identify all state and local public roads to be used within College Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2) The College Township Engineer, or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3) The Township may bond the road in compliance with state regulations.
(4) Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(5) The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
B. Noise.
(1) Audible sound from a wind energy facility shall not exceed 45 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property.
(2) Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from wind turbine Generation Systems, Volume I: First Tier." The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.
(3) In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is succeeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected nonparticipating landowners' occupied building(s). Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 miles per hour at the ambient noise measurement location.
(4) Any noise level falling between two whole decibels shall be the lower of the two.
C. Shadow flicker. The facility owner and operator shall eliminate shadow flicker to any occupied building on a nonparticipating landowner's property.
D. Signal interference. The applicant 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. The applicant shall test signal reception at occupied buildings within a one-mile radius of any proposed wind turbine prior to construction. During a time period of 30 days to 60 days post-construction, signal reception shall be tested again at the same buildings tested prior. Any significant signal degradation shall be corrected by the applicant.
E. Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate. Certificates shall be made available to College Township upon request.
F. Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a responsible person for the public to contact with inquiries and complaints available 24 hours a day, seven days a week throughout the life of the project. If there is a mechanical failure or possible ordinance violation, the facility owner or operator shall begin to correct the problem within 24 hours and have it corrected within 10 business days from the time of the complaint or inquiry was received. If the problem has not been corrected within the 10 business days, the Township may, at its discretion, instruct the facility owner and/or operator to shut down the affected wind turbine until a repair or correction is made to eliminate the problem.
G. Waste management. All solid waste, whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner consistent with industry standards. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state and federal rules and regulations.