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All wind energy systems shall be maintained in good condition and in safe working order throughout the life of the system. If the system is not maintained in operational condition and/or poses a potential safety hazard, the owner shall immediately correct the situation at their expense. Any wind energy system found to be unsafe by the Zoning Administrator or appointed designee, must stop operation immediately upon notification, if the owner fails to correct the unsafe condition, the Zoning Administrator may remove or cause to be removed, altered or repaired an unsafe wind energy system immediately and without notice, if, in his/her opinion, the condition of the system is such as to present an immediate threat to the safety of the public. If a wind energy system remains inoperable for a period of 180 days, it shall be deemed abandoned and the procedures under § 156.13 applied.
(Ord. 23-11-20 Ord03, passed 11-20-2023)
Should a wind energy system or any part thereof violate the requirements of this subchapter, the owner shall cease operations immediately. Upon receipt of a complaint or the notice of a complaint from the owner, the Zoning Administrator shall make a determination as to whether there is a violation requiring the immediate cessation of operation. The system may resume operation once the violation(s) have been remedied.
(Ord. 23-11-20 Ord03, passed 11-20-2023)
A wind energy system shall be deemed abandoned it not functioning for a continuous period of 180 days, and there is no demonstrated plan to restore the equipment to operating condition. The village will issue a Notice of Abandonment for the removal of an abandoned wind energy system as follows:
(A) The Zoning Administrator is authorized to issue a Notice of Abandonment to the owner of a wind energy system that is deemed to be abandoned, and in cases where immediate safety is not of concern, the owner shall have 30 days from Notice receipt date to respond.
(B) Following the 30-day response period, and if the Zoning Administrator determines that the system remains abandoned, the owner of the system shall remove the abandoned system at their expense within 180 days of the original Notice of Abandonment. A demolition permit shall be obtained for the removal of the abandoned system.
(C) Failure to remove the abandoned system within said 180 days constitutes a violation of this section. Following said 180 days, the village, or a contractor hired by the village, shall have the authority to enter the subject property and cause removal of the system at the owner's expense. In the case of such removal the village may file a lien for reimbursement, of any and all expenses incurred by the village without limitation, including attorney fees and accrued interest. For those cases in which the owner of a wind energy system is not the owner of land on which the system is located, the village may execute the bond posted at the time of approval of the system.
(Ord. 23-11-20 Ord03, passed 11-20-2023)
(A) Pre-existing wind energy systems shall be allowed to continue. Routine maintenance shall be permitted on such pre-existing systems.
(B) A building permit and any other necessary zoning and development approvals shall be obtained to alter, enlarge, extend, replace or relocate a pre-existing wind energy system.
(C) If a pre-existing wind energy system is nonconforming with this section, it shall not be altered, enlarged, extended or relocated such that the nonconformity of the system is increased.
(D) Pre-existing wind energy systems that are substantially damaged or destroyed must be rebuilt to conform to this section.
(Ord. 23-11-20 Ord03, passed 11-20-2023)
SOLAR ENERGY SYSTEMS
The Village of Argenta finds that it is in the public interest to encourage the use and development of solar energy systems as a clean, renewable energy source and to help promote local, clean jobs. The purpose of this section is to facilitate the effective and efficient use of solar energy systems while protecting the public health, safety, and welfare of residents and the general public.
(Ord. 23-11-20 Ord03, passed 11-20-2023)
As used in this subchapter:
SOLAR ENERGY SYSTEM. A collection of photovoltaic (PV) panels or other devices that convert sunlight into electricity.
SOLAR ARRAY. An accessory use solar energy system (see definition of Accessory Use in Article 11, Division 1, Sec. 2.0(2)).
SOLAR FARM. A principal use solar energy system.
(Ord. 23-11-20 Ord03, passed 11-20-2023)
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