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(a) Solar energy system. The solar energy system shall be listed as an appurtenant structure on owner’s property liability insurance policy. Policies shall be made available to the city upon request. Additional insurance beyond owners’ property liability coverage shall not be required.
(b) Small wind energy system. A small wind energy system shall be listed as an appurtenant structure on owner’s property liability insurance policy. Policies shall be made available to the city upon request. Additional insurance beyond owners’ property liability coverage shall not be required.
(c) Large energy wind system. There shall be maintained a current general liability policy naming the city as additional insured covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Policies shall be made available to the city upon request.
(Ord. 21-161, passed 12-13-2021)
All structures, buildings, fences and property used in connection with a renewable energy system shall be maintained in good condition and in safe working order. Maintenance shall include, but not be limited to painting, structural repairs and upkeep of security measures. Failure to do so shall require decommissioning under the requirements of this chapter and any other applicable governmental regulations.
(Ord. 21-161, passed 12-13-2021)
(a) The owner/operator shall be responsible for obtaining an independent and certified professional engineer for the preparation of an analysis and report of the cost of removal and site restoration, and be responsible for the payment of all costs associated with the preparation of the analysis and report. At all times the facility owner or operator of the wind energy system shall maintain decommissioning funds in the form of a performance bond or equivalent financial instrument sufficient to cover the demolition and removal of the wind energy system. Such bond or other instrument shall be sufficient to guarantee full and faithful performance of the requirements of this section and shall be satisfactory to the Law Director. Proof that the requirement of this section is met shall be made available to the city upon request. The city may invoke use of any or all of the mechanisms to provide for decommissioning of the wind energy system. This requirement for a performance bond or equivalent financial instrument shall not apply in the case of a wind turbine that does not exceed 35 feet height.
(b) The wind energy system owner, operator or landowner shall, at their expense, complete decommissioning of the wind energy system within 12 months after the end of the useful life of the wind energy system following all applicable federal, state and local mandates and statutes.
(c) The wind energy system will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(d) Decommissioning shall include removal of wind energy system including all wind turbines, structures, buildings, cabling, electrical components, roads and foundations to a depth of 36 inches, and any other associated systems to the state it was prior to application.
(e) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(f) If neither the wind energy system owner or operator nor landowner complete decommissioning within the period prescribed above, the city shall take such measures as necessary to complete decommissioning of the wind energy system. Said costs may be certified to the County Auditor as a lien upon the property. The entry into and submission of evidence of a participating landowner agreement to the city shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the city may take such action as necessary to implement the decommissioning plan.
(g) The escrow agent shall release the decommissioning funds when the wind energy system owner, operator or landowner has demonstrated and the city concurs that decommissioning has been satisfactorily completed, or upon written approval of the city in order to implement the decommissioning.
(Ord. 21-161, passed 12-13-2021)
If any preexisting renewable energy 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 chapter.
(Ord. 21-161, passed 12-13-2021)
(a) It shall be unlawful for any person, firm or corporation to violate or fail to comply with or take any action which is contrary to the terms of this chapter, or any permit issued under this chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this chapter or any permit issued under this chapter.
(b) If the city determines that a violation of this chapter or the permit has occurred, the Code Administrator shall provide written notice to any person, firm or corporation alleged to be in violation of this chapter. If the alleged violation does not pose an immediate threat to public health or safety, the city and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of the violation.
(c) If after 30 days from the date of the notice of violation the city determines, at its discretion, that the parties have not resolved the alleged violation, the city may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this chapter or permit.
(d) Notwithstanding divisions (a) through (c) of this section, the provisions of Chapter 1244: Enforcement and Penalties shall apply.
(Ord. 21-161, passed 12-13-2021)