Minutes of the Iron County Commission meeting convened at 9:00 a.m. February 25, 2008in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Minutes of the Iron County Commission meeting held February 11, 2008 were approved as amended on a motion by Wayne Smith. Second was by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Patsy Cutler reported that the process to produce digital copies of plat maps has been completed and the first compact disk has been sold. This will allow title companies and other businesses the opportunity to have in house access to County records.

Erik Jorgensen explained the Simplifile program which could be implemented in the Recorder’s Office. The free part of the program will make it easier for title companies to file documents but would increase the work load in the Recorder’s office. A second interface would cost about $17,000 to implement to help with the work in the Recorder’s office. Patsy Cutler, Alma Adams and Erik will meet with Simplifile representatives to determine if there is a solution to the second interface.

Margaret Miller reported on proposed legislation affecting the Justice Courts. An amended bill is being considered that can be supported by Counties and Cities. It is expected that the bill will pass with the current amendments.

Scott Garrett reported that capital homicide charges have been filed against Martin Nelson. Mr. Nelson is charged with killing two people in late 2007 and burying their remains in a shed in the Beryl area.

Alma Adams reported that due to snow melt and runoff, the gap road was breached at 4200 West in Parowan valley to alleviate flooding of residences in that area.

Lois Bulloch reported that Enoch has scheduled a public hearing to consider a community development agency to fund the construction of a retail establishment at the corner of Midvalley Road and Minersville Highway. The hearing will be held March 11.

Wayne Smith made a motion to convene in closed session in accordance with Utah Code 52-4 et. seq. for the purpose of a strategy session to discuss pending or reasonably imminent litigation. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Wayne Smith made a motion to open a public hearing to receive comments on a proposed preliminary plat approval for Iron Springs Industrial Park, Phase I and II. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Chad Nay reported that the Iron Springs Industrial Park, Phase I and Phase II located within Section 11, T36S, R12W, SLM and requested by Richard Petersen has been before the Planning Commission and all recommendations have been met. The Planning Commission has recommended approval of the two plats.

No other public comments were received whereupon, Alma Adams made a motion to close the public hearing and to approve the preliminary plats of Iron Springs Industrial Park, Phase I and Phase II. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Chad Reid presented a proposed agreement between Utah State University Extension Service and Iron County. This is an annual agreement which is the same as the 2007 agreement. Alma Adams made a motion to approve the agreement and authorize signatures. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Jay Overson, Roy Urie, Ed Hahne and Donnie Hunter representing the Second World War Memorial Committee in Cedar City requested a donation of County funds to help with the construction of a veterans memorial adjacent to the current memorial on 200 North and 200 East. The Commission discussed funding options and determined that the best way to fund the project would be through an allocation of the TRT. The matter was referred Maria Twitchell to present a funding request to the TRT Board.

Paulette Valentine and Charlie Morris made a presentation to the Commission to explain the probable consequences of a pandemic outbreak of the flu. Tamiflu antiviral medication is available to purchase for County employees at $20 per dose and employees could purchase enough doses for their family if the County will sponsor them. The Tamiflu could be stockpiled in case of an emergency. Shelf life of Tamiflu is seven years.

After reviewing the costs involved, the Commission tabled action to allow additional information to be gathered. The matter is to be placed on the next agenda.

Bryce Haderlie and Dutch Deutschlander met with the Commission to discuss recent changes to a proposed interlocal agreement in anticipation of a future approval of a Community Development Area in Brian Head. The scope of work and estimated tax benefits were reviewed and Commissioners were given documents to study and make comments. No action was taken by the Commission at this time.

Bernie Ratcliff acting as spokesperson for a number of property and homeowners of Parowan Valley read a statement regarding flooding in Parowan Valley. The Commission explained that recent flooding is not coming from mountain snow pack but is related to snow melt in the valley. Gap road was breached last night to allow water to cross and an additional culvert will be installed. The County Engineer and Road Supervisor will review the problem and determine what County action can be done to alleviate future problems.

Bids were opened for emergency watershed protection projects in Cedar Valley. Nine bids were received ranging from a low bid of $55,770 to $1,493,319. It appeared that all bidders were not competing for the entire project. Because there are several phases or sub projects, the bids were referred to Steve Platt to review and return with a recommendation.

The following resolution was presented by Jonathan Ward, Zions Bank Public Finance representative and he explained that this is the first step in completing a loan approved by the Permanent Community Impact Board to fund a portion of the Senior Center in Parowan. Alma Adams made a motion to approve and adopt Resolution 2008-1 as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

RESOLUTION AUTHORIZING NOT MORE THAN $350,000 PRINCIPAL AMOUNT OF SALES TAX REVENUE BONDS, SERIES 2008 OF IRON COUNTY, UTAH, FOR THE PURPOSE OF FINANCING A PORTION OF A SENIOR CENTER AND RELATED IMPROVEMENTS; CALLING A PUBLIC HEARING; PROPOSING PUBLICATION OF A NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED; PROVIDING FOR A PLEDGE OF LOCAL SALES AND USE TAX REVENUES FOR REPAYMENT OF THE BONDS; FIXING THE MAXIMUM AMOUNT, MATURITY, INTEREST RATE, AND DISCOUNT OF THE BONDS; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD; AND RELATED MATTERS.

WHEREAS, Iron County, Utah (the “Issuer”), desires to finance a portion of the costs of constructing a senior center and related improvements; and

WHEREAS, pursuant to the provisions of the Utah Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the “Act”), the Board of County Commissioners (the “Commission”) of the Issuer has authority to issue its Sales Tax Revenue Bonds, Series 2008 (the “Bonds”) in an amount not to exceed $350,000 for the purposes set forth in the first whereas clause; and

WHEREAS, the Act provides that prior to issuing bonds secured by excise tax moneys, an issuing entity must (I) give notice of its intent to issue such bonds, and (ii) hold a public hearing to receive input from the public with respect to the issuance of such bonds; and

WHEREAS, the Issuer desires to call a public hearing for this purpose and to publish a notice of such hearing, including a notice of bonds to be issued, in compliance with the Act with respect to the Bonds:

NOW, THEREFORE, it is hereby resolved by the Board of County Commissioners of Iron County, Utah, as follows:

Section 1. The Commission of the Issuer hereby finds and determines that it is in the best interests of the Issuer and the residents thereof for the Issuer to issue not more than $350,000 aggregate principal amount of its Bonds to bear interest at a rate not to exceed three and one-half percent (3.5%) per annum, to mature in not more than fifteen (15) years from their date or dates, and to be sold at a price not less than ninety-nine percent (99%) of the total principal amount thereof, the Bonds to be issued for the purpose of financing a portion of the costs of constructing a senior center and related improvements, all pursuant to this Resolution and a resolution to be adopted by the Commission authorizing and confirming the issuance and sale of the Bonds (herein referred to as the “Final Bond Resolution”), and the Commission hereby declares its intention to issue the Bonds according to the provisions of this Section and the Final Bond Resolution, when adopted.

Section 2. The Issuer proposes to pledge the Local Sales and Use Tax funds received by Issuer pursuant to Title 59, Chapter 12, Part 2, Utah Code Annotated 1953, as amended, for repayment of the Bonds.

Section 3. The Issuer hereby authorizes and approves the issuance of the Bonds pursuant to the provisions of this Resolution and the Final Bond Resolution to be adopted by the Commission authorizing and confirming the issuance and sale of the Bonds, with such changes thereto as shall be approved by the Commission upon the adoption of the Final Bond Resolution, provided that the principal amount, interest rate or rates, maturity and discount shall not exceed the maximums set forth in Section 1 hereof.

Section 4. In accordance with Section 11-14-307 of the Act, the Issuer shall hold a public hearing on March 24, 2008, at 2:00 p.m., or as soon thereafter is feasible, to receive input from the public with respect to the issuance of the Bonds, which hearing date shall be not less than fourteen (14) days after notice of the public hearing is first published once each week for two consecutive weeks in the Spectrum, a newspaper of general circulation in the Issuer, which is hereby designated as the Issuer’s official newspaper pursuant to the Act. The County Clerk shall also cause a copy of this Resolution (together with all exhibits hereto) to be kept on file in the Issuer’s principal offices for public examination during the regular business hours of the Issuer until at least thirty (30) days from and after the last date of publication thereof. The Issuer directs its officers and staff to publish a Notice of Public Hearing and Bonds to be Issued in substantially the following form:

PUBLIC NOTICE IS HEREBY GIVEN that on February 25, 2008, the Board of County Commissioners (the “Commission”) of Iron County, Utah (the “Issuer”), adopted a resolution (the “Resolution”) declaring its intention to issue its Sales Tax Revenue Bonds, Series 2008 (the “Bonds”) pursuant to the Utah Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended, and to call a public hearing to receive input from the public with respect to the issuance of the Bonds.

The Issuer shall hold a public hearing on Monday, March 24, 2008, at the hour of 2:00 p.m. The location of the public hearing is at the Iron County Offices at 68 South 100 East in Parowan, Utah. The purpose of the meeting is to receive input from the public with respect to the issuance of the Bonds. All members of the public are invited to attend and participate.

The Issuer intends to issue the Bonds for the purpose of financing a portion of the costs of (I) constructing a senior center and related improvements, and (ii) paying costs of issuing the Bonds.

The Issuer intends to issue the Bonds in the principal amount of not to exceed Three Hundred and Fifty Thousand Dollars ($350,000), to bear interest at a rate not to exceed three and one-half percent (3.5%) per annum, to mature in not more than fifteen (15) years from their date or dates, and to be sold at a price not less than ninety-nine percent (99%) of the total principal amount thereof, plus accrued interest to the date of delivery.

The Issuer proposes to pledge all the Local Sales and Use Tax funds received by Issuer pursuant to Title 59, Chapter 12, Part 2, Utah Code Annotated 1953, as amended, for repayment of the Bonds.

The Bonds are to be issued and sold by the Issuer pursuant to the Resolution, including as part of said Resolution the draft of a Final Bond Resolution (the “Final Bond Resolution”) which was before the Commission and attached to the Resolution in substantially final form at the time of the adoption of the Resolution and said Final Bond Resolution is to be approved by the Commission in such form and with such changes thereto as shall be authorized by the Commission upon the adoption of the Final Bond Resolution.

A copy of the Resolution and the form of the Final Bond Resolution are on file in the office of the County Clerk of the Issuer in Parowan, Utah, where they may be examined during regular business hours of the County Clerk from 8:00 a.m. to 5:00 p.m. for a period of at least thirty (30) days from and after the last date of publication of this notice.

NOTICE IS HEREBY GIVEN that a period of thirty (30) days from and after the last date of the publication of this notice is provided by law during which (I) any person in interest shall have the right to contest the legality of the Resolution, the Final Bond Resolution or the Bonds, or any provision made for the security and payment of the Bonds by filing a written complain in the district court of the county in which he resides, and that after such time, no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever, and (ii) registered voters within Iron County, Utah, may sign a written petition requesting an election to authorize the issuance of the Bonds. If written petitions which have been signed by at least 20% of the registered voters of Iron County, Utah, are filed with the Issuer during said 30-day period, the Issuer shall be required to hold an election to obtain voter authorization prior to the issuance of the Bonds. If fewer than 20% of the registered voters of Iron County, Utah, file a written petition during said 30-day period, the Issuer may proceed to issue the Bonds without an election.

Section 1. The Board of County Commissioners hereby officially declares its intention under Treasury Regulation Section 1.150-2 to finance the Project with proceeds of tax exempt bonds.

Section 2. The Issuer hereby retains Smith Hartvigsen, PLLC as its bond counsel and Zions Bank Public Finance as its financial advisor and directs its officials to assist said professionals in the issuance of the Bonds.

Section 3. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its approval and adoption.

Marreen Casper, Director Southern Utah Office of Senator Orrin Hatch met with the Commission to explain issues being considered in Washington DC. Items of importance included an Indian Health bill, Home Mortgage bailout, and House and Senate energy bills.

Marreen also reported that Jace Johnson is Senator Hatch’s new Chief of Staff, and Chris Campbell is the new Legislative Director.

Colette Eppley presented for approval new employees Donovan Neil Hayden as a Corrections Officer with prior experience; and Bonnie Char Oldroyd as a part time employee at Tourism. Alma Adams made a motion to approve the new employees as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Colette also presented Marie Shaffer as a volunteer worker at the Cedar City Senior Center. Wayne Smith made a motion to approve Marie as presented. Second by Alma Adams. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Colette also presented status change proposals for Denise Heaton to be moved from part time Justice Court Clerk to full time Attorney secretary and Rick Perkins to an EMT Lead Worker in New Harmony. Alma Adams made a motion to approve the status changes as presented. Second by Wayne Smith. Voting: Lois Bulloch, Aye; Wayne Smith, Aye; Alma Adams, Aye.

Ordinance 2008-2 was presented to the Commission by Reed Erickson after being amended and incorporating changes suggested by wind energy groups and State agencies to make the ordinance workable and in compliance with State and Federal regulations. After review, Wayne Smith made a motion to adopt Ordinance 2008-2 as presented and recommended by the Planning Commission. Second by Alma Adams.

AN ORDINANCE OF IRON COUNTY, UTAH, AMENDING PORTIONS OF TITLE 17, CHAPTERS 17.16, 17.20, & 17.34, IRON COUNTY CODE; ESTABLISHING DEFINITIONS AND REGULATIONS FOR WIND ENERGY SYSTEMS AND FACILITIES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Iron County finds that wind energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that may result from the use of conventional energy sources;

WHEREAS, Wind energy systems can enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify the area’s energy supply portfolio;

WHEREAS, It is the policy of the state of Utah to encourage the development of small power production and co-generation facilities, to promote a diverse array of economical and permanently sustainable energy resources in an environmentally acceptable manner, and to conserve our finite and expensive energy resources and provide for their most efficient and economic utilization. §54-12-1, Utah Code annotated;

WHEREAS, the State of Utah has provided for Renewable Energy System Tax Credits (§5 9-7-614) and the Iron County Commission desires to remove unnecessary barriers to energy transactions involving independent energy producers and electrical corporations as encouraged by the State of Utah;

WHEREAS, Iron County has determined that it can develop the County’s wind power resources while preserving farmlands and agricultural enterprises and adjoining residential and commercial developments as compatible adjoining uses, and that the public health, safety, and general welfare will be protected and promoted by this ordinance;

WHEREAS, the Planning Commission of Iron County has held a duly advertised and noticed public hearing on the proposed amendments to the Zoning Ordinance of Iron County, Utah for the purpose of receiving public comment regarding the content of the amendments and has forwarded a recommendation to the County Commission that the Wind Energy Systems and Facilities amendment to the Zoning Ordinance of Iron County, Utah be adopted; and

WHEREAS, the County Commission of Iron County has held a duly advertised and noticed public hearing on the proposed Wind Energy Systems and Facilities Ordinance for the purpose of receiving public comment regarding the content of the ordinance.

NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE LEGISLATIVE BODY OF IRON COUNTY, UTAH AS FOLLOWS:

SECTION 1. SECTION 17.16.030, TABLE OF USES, IRON COUNTY CODE IS AMENDED BY ESTABLISHING OR AMENDING THE FOLLOWING USES TO READ AND PROVIDE AS FOLLOWS:

USES	ZONE DISTRICTS
	A-20	R-5	R-2	R-1	R-1/2	C	LI	I	IA
Wind Energy System, Commercial	X	X	X	X	X	X	X	C	X
Wind Energy System, Small	P^‡	P^‡	X	X	X	P	P	P	P
Wind Monitoring Tower & Equipment	C	C^‡‡	X	X	X	C	C	C	C

^‡ A small wind energy system is not permitted within a subdivision recorded with the Iron County Recorder unless a private occupied residence exists on the same lot.

^‡‡ A wind monitoring tower may be permitted in the R-5 zoning district when the height and setback provision are in compliance with small wind energy systems identified in Sections 17.34.030 (C), and 17.34.030 (F) 1-9, of this ordinance.

SECTION 2. TITLE 17, CHAPTER 17.34, IRON COUNTY CODE IS ENACTED, AMENDED, ADDED, OR ALTERED TO READ AS FOLLOWS:

The purpose of this Chapter (17.34) is to establish minimum requirements and regulations for the placement, construction and modification of small wind energy systems, commercial wind energy systems, and wind metering towers and equipment, as defined herein, while promoting the safe, effective and efficient use of such systems.

A. Total Height means the distance measured from ground level to the blade extended at its highest point (Tower and Turbine combined).

B. Tower means the supporting structure on which the turbine and accessory equipment are mounted.

C. Turbine means that portion of the wind system which includes the blades, generator and tail.

D. Wind Energy System, Commercial means a wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of 100 kW.

E. Wind Energy System, Small means a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end-use and which will be used primarily to reduce on-site consumption of utility power (limited to one per lot or parcel, or up to four on agricultural properties with 20 acres or more - systems with multiple towers may cluster towers/facilities together) . A small wind energy system shall not exceed a rated capacity of 100 kW.

F. Wind Monitoring Tower and Equipment (Met Tower) means a temporary tower housing or supporting wind measuring equipment such as an anemometer for the purpose of establishing the viability of wind generated energy by measuring and monitoring wind velocity, duration, intensity, regularity, etc...

A. Permitted Locations. A small wind energy system is permitted as described in Section 17.16.030, Table of Uses, Iron County Zoning Ordinance. A small wind energy system is not permitted in a subdivision recorded with the Iron County Recorder and zoned R-5 or A-20 unless a private occupied residence exists on the same lot.

B. Minimum Lot Size. No wind energy system shall be erected on any lot less than five acres in size.

C. Total Height. For property sizes of five acres or less, the total height shall not exceed 75 feet. For property sizes of greater than five acres but less than twenty acres, the total height shall not exceed 100 feet. For property sizes of twenty acres or greater, the total height shall not exceed 125 feet.

D. Location. No small wind energy system shall be located in any front or side yard.

1. Property lines. A small wind energy system tower shall be set back from the nearest property line, public road right-of-way, tanks containing combustible/flammable liquids, other wind energy towers, and above ground communication or electrical line not less than 1.5 times its total height.

2. Inhabitable or Public Structures. A small wind energy system shall be set back from the nearest inhabitable structure (residence) or public building or gathering place (i.e. church, hospital, school, library, park, playground, etc.), not less than 1.5 times its total height.

1. Pole or Tower Design. The design of the small wind energy system shall be of a monopole or freestanding design or guy wired tower.

2. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 15 feet above any structure or obstacle within the fall zone of the tower.

a. No tower shall have a climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked.

b. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.

4. Noise. No small wind energy system shall exceed 60 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring inhabitable building. All small wind energy systems must have a manufacturers’ maximum RPM (revolutions per minute) rating of less than 500.

b. No small wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA).

c. No advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system.

d. The design of any buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

e. Appropriate landscaping shall be provided to screen accessory structures from roads and adjacent residences.

6. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.

7. Signal Interference. Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals.

8. Overspeed Controls. Every small wind energy system shall be equipped with an automatic overspeed control and a manual brake.

9. Fire Protection. All wind energy systems shall have a defensible space for fire protection in accordance with the Iron County Wildland-Urban Interface Code.

G. Permit Applications. Application for a wind energy system shall include the following information.

1. Site plan to scale showing the location of the proposed wind energy system and the locations of all existing buildings, structures and property lines along with distances, including, a drawing depicting the area and procedure required for raising and lowering the tower, and identifying the fall zone for the total height of the tower and equipment.

2. Elevations of the site to scale showing the height, design and configuration of the wind energy system and the height and distance to all existing structures, buildings, electrical lines and property lines.

3. Standard drawings and an engineering analysis of the systems tower including weight capacity.

4. A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site.

5. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system including the name and address of the manufacturer, model.

6. Emergency and normal shutdown procedures including the operation of a manual brake.

7. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.

8. Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid. If applicable, prior to final approval, the applicant shall provide evidence that the net-metering interconnection application has been applied for, or:

a. a work order number from the utility company has been acquired (for net-metering); and/or

b. proof that an application for tax credit or rebate has been submitted to the State of Utah or applicable utility.

A. Permissible Locations. A commercial wind energy system may be permitted as described in Section 17.16.030, Table of Uses, Iron County Zoning Ordinance.

B. Minimum Parcel Size. No commercial wind energy system shall be erected on any parcel smaller in size than is required to contain the entire fall zone of the tower and equipment on the same parcel, unless applicable adjacent parcels are also a part of the wind energy system (adequate to provide for the entire fall zone - total height times 1.5 - required by the established setbacks).

C. Total Height. The total height of a commercial wind energy system shall not exceed the height prescribed in the conditions established in the required conditional use permit.

1. Project Boundary Lines. A commercial wind energy system tower shall be set back from the nearest project boundary line, public road right-of-way, tanks containing combustible / flammable liquids, other wind energy towers, and above ground communication or electrical lines, not less than 1.5 times its total height. All property within the project boundary must be included in a recorded easement(s) or consent agreement(s) specifying the applicable uses for the duration of the project.

2. Other uses. No commercial wind energy system shall be located within ½ mile (one-half of a mile) of a platted subdivision, park, church, hospital, school or playground.

E. Design Standards. A commercial wind energy system shall comply with the design standards set forth below. A commercial wind energy system shall demonstrate that structure location and siting will not result in undesirable shadow flicker on an adjacent property / structure.

1. Pole or Tower Design. The design of the commercial wind energy system shall be of monopole or freestanding design with no guy wired towers.

2. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 15 feet above any structure or obstacle within the fall zone of the tower.

a. No tower shall have a climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked.

b. Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances.

4. Noise. No commercial wind energy system shall exceed the manufacturers rated dBA as measured at the property line or as measured at the nearest neighboring inhabitable building. Manufacturers’ specifications for both RPM (Revolutions Per Minute) ratings and maximum noise levels shall be used to evaluate the noise level maximum requirements as a condition established in the required conditional use permit.

a. Commercial wind energy systems shall be finished and maintained in color and material as manufactured.

b. No commercial wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA).

c. No advertising signs of any kind or nature whatsoever shall be permitted on any commercial wind energy system.

e. Appropriate landscaping shall be provided to screen accessory structures from roads and adjacent residences.

6. Electrical Interconnections. All electrical interconnection or distribution lines within the project boundary shall be underground, unless determined otherwise by the planning commission because of unusual site conditions, and comply with all applicable codes and public utility requirements. Overhead transmission lines may be permitted as they come to a common area such as a substation and/or leave the location of the towers and energy generation system/equipment to off-site destinations.

7. Signal Interference. Efforts shall be made to site commercial wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the commercial wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No commercial wind energy system shall cause permanent and material interference with television or other communication signals.

8. Fire Protection. All wind energy systems shall have a defensible space for fire protection in accordance with the Iron County Wildland-Urban Interface Code.

F. Permit Applications. A commercial wind energy system shall comply with the permit application requirements set forth in section 17.34.030 (G) Permit Application, 1 through 8, and provide information specified in Section 17.34.040 (G) Conditional Use Permit, items 1 through 16.

G. Conditional Use Permit. Following the provisions of Chapter 17.28, Iron County Code, additional or more thorough consideration shall be given to the following:

1. Project Rationale (time frame, project life, development phases, likely markets for the generated energy, and possible future expansions)

2. Siting Considerations (avoid areas/locations with a large potential for biological conflict such as wilderness study areas, areas of critical environmental concern, county and state parks, historic trails, special management areas or important wildlife habitat; avoid visual corridors that are essential view sheds or scenic areas designated by the County after analyzing the applicant’s wind energy system and considering public hearing comments; avoid areas of erodible slopes and soils, where concerns for water quality and high storm runoff potential have been identified, and known sensitive historical, cultural or archeological resources and public safety concerns mentioned herein can best be avoided)

3. Site and Development Plans (drawn to scale; locating all structures existing and proposed, setbacks, access, project boundary, existing structures outside project boundary within ½ mile of project boundary, existing utilities / pipelines / transmission lines, proposed utility lines / structures, existing topography; map of proposed drainage / grading and natural vegetation removal plan; map of wind characteristics and dominant wind direction; map of flood plains or wetlands, and other items identified by county staff or planning commission)

4. Economic Analysis (economic cost/benefit analysis describing generated property taxes, sales taxes, other taxes, construction dollars spent locally, estimated construction jobs and construction payroll, estimated permanent jobs and continuing payroll, and costs associated with impact on roads and other County infrastructure in the area

5. Visual impacts, appearance and scenic view sheds (Visual simulations providing vantage points considering a 360 degree view of the project site)

6. Wildlife habitat areas and migration patterns, including avian impacts (including endangered or threatened species, on the site and in a biologically significant area surrounding the site,

7. Environmental Analysis in the absence of required State or Federal Agency review (impact analysis on historic, cultural and archaeological resources, soil erosion, flora in the project area, water quality and water supply in the area, dust from project activities, and cumulative impacts of other adjacent wind energy projects)

9. Lighting and FAA height restrictions, including airport overlay proximity (air traffic safety)

10. Transportation Plan for Construction and Operation Phases (showing proposed project service road ingress and egress access onto the State or County road system, layout of wind energy system service road system and degree of upgrade plan to new and existing roads, anticipated volume and route for traffic including oversized and heavy equipment needed for construction, maintenance and repairs, methodology of repairs and maintenance of roads and bridges used for the project, and related public pedestrian and vehicular access and associated fencing)

11. Public Safety (potential hazards to adjacent properties, pubic roadways, communities, aviation, etc. that may be created)

12. Noise limitations (noise levels at the property line of the project boundary)

13. Shadow flicker and strobe effects (an evaluation of where and when any shadow flicker or strobing effects may impact property within the project area and any adjacent properties potentially affected.

14. Telecommunications interference (electromagnetic fields and communications interference generated by the project)

15. Life of the project and final reclamation (describing the decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final reclamation of the wind energy project)

A. Permissible Locations. A wind monitoring tower may be located as described in Section 17.16.030, Table of Uses, Iron County Code

B. Permit application. A temporary Wind Monitoring Tower with associated equipment may be permitted and in accordance with Sections 17.34.030 (C), and 17.34.030 (F) 1-9, of this ordinance, subject to the following:

1. Owner Consent: Evidence that the applicant is the owner of the property or has written permission of the owner(s) to make such application;

2. Use Duration: Permitted for a maximum of 3-5 years as specified in the Conditional Use Permit and as determined by evidence given at the time of application regarding known wind source data;

3. Height: The height of the facility will be established in the Conditional Use Permit, unless it is located in an R-5 zone on, wherein the met tower may not exceed 100 feet total height;

4. Setbacks: The setbacks for a met tower from the closest property lines, public road right-of-way and above ground communication or electrical line shall be at least 1.5 times total height. The met tower shall also maintain a clear fall zone from any occupyable building/structure and tanks containing combustible/flammable liquids, of 1.5 times the total height;

5. Tower Security: Any climbing apparatus must be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. The tower is recommended to be enclosed with an appropriate fence with OHV or livestock use in the area; and

A. Any small wind energy system or commercial wind energy system which complies with the terms of this ordinance which is not used for two years, excluding repairs, shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this ordinance.

B. Any small wind energy system or commercial wind energy system which is non-conforming and which is not operable for one year shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this ordinance.

The requirements of this ordinance shall apply to all small wind energy systems and commercial wind energy systems proposed after the effective date of this ordinance. Wind energy systems 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 system shall be installed and functioning within 24 months of the date of the permit. Any system that has been installed but not used for two consecutive years may not be subsequently used without meeting the requirements of this ordinance. No preexisting system shall be altered in any manner that would increase the degree of nonconformity with the requirements of this ordinance and no alterations shall be made to a nonconforming preexisting system during its life which exceed 50% of its fair market value. If such system is destroyed or damaged to the extent of more than 50 % of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this ordinance.

SECTION 3. SECTION 17.20.010, USE DEFINITIONS, IRON COUNTY CODE IS AMENDED BY ESTABLISHING OR AMENDING THE FOLLOWING DEFINITIONS TO READ AND PROVIDE AS FOLLOWS:

“Wind Energy System, Commercial” means a wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of 100 kW.

“Wind Energy System, Small” means a wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end-use and which will be used primarily to reduce on-site consumption of utility power (limited to one per lot or parcel, or up to four on agricultural properties with 20 acres or more - systems with multiple towers may cluster towers/facilities together) . A small wind energy system shall not exceed a rated capacity of 100 kW.

“Wind Monitoring Tower and Equipment (Met Tower)” means a temporary tower housing or supporting wind measuring equipment such as an anemometer for the purpose of establishing the viability of wind generated energy by measuring and monitoring wind velocity, duration, intensity, regularity, etc...