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<br />Page 30f9 <br /> <br />The construction and operation of all such proposed wind facilities shall be consistent <br />with all applicable local, state and federal requirements, including but not limited to all <br />applicable safety, construction, environmental, electrical, communications and aviation <br />requirements. <br /> <br />3.3 Proof of Liability Insurance <br />The applicant shall be required to provide evidence of liability insurance in an amount <br />and for a duration sufficient to cover loss or damage to persons and structures occasioned <br />by the failure of the facility. <br /> <br />3.4 Site Control <br />Atthe time of its application fora special permit, the applicant shall submit <br />documentation of actual or prospective control of the project site sufficient to allow for <br />installation and use of the proposed facility. Documentation shall also include proof of <br />control over setback areas and access roads, if required. Control shall mean the legal <br />authority to prevent the use or construction of any structure for human habitation within <br />the setback areas. <br /> <br />I 4.0 General Siting Standards <br /> <br />4.1 Height <br />Wind facilities shall be no higher than 400 feet above the current grade of the land, <br />provided that wind facilities may exceed 400 feet if: <br /> <br />(a) the applicant demonstrates by substantial evidence that such height reflects <br />industry standards for a similarly sited wind facility; <br />(b) . such excess height is necessary to prevent financial hardship to the applicant, and <br />(c) the facility satisfies all other criteria for the granting of a special permit under the <br />provisions of this section. <br /> <br />4.2 Setbacks <br />Wind turbines shall be set back a distance equal to 1.5 times the overall blade tip height <br />of the wind turbine from the nearest existing residential or commercial structure and 100 <br />feet from the nearest property line and private or public way. <br /> <br />4.2.1 Setback Waiver <br />The special permit granting authority may reduce the minimum setback distance as <br />appropriate based on site-specific considerations, if the project satisfies all other criteria <br />for the granting of a special permit under the provisions of this section. <br /> <br />I 5.0 Design Standards <br /> <br />5.1 Color ~nd Finish <br />The special permit granting authority shall have discretion over the turbine color, <br />although a neutral, non-reflective exterior color designed to blend with the surrounding <br />environment is encouraged. <br /> <br />3 <br /> <br />-31- <br />