§ 155.136 PRE-CONSTRUCTION REQUIREMENTS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DECOMMISSIONING PLAN. A decommissioning plan as prescribed in § 155.133.
      F.A.A. PERMIT APPLICATION. A Federal Aviation Administration permit application.
   (B)   Compliance. Prior to the issuance of any improvement location permit, the following shall be submitted to and reviewed by the Planning Department, who shall certify that the following are in compliance with all applicable regulations.
   (C)   Economic development, drainage, and road use and maintenance agreements. An Economic development agreement, a drainage agreement, and a road use and maintenance agreement shall be approved by the Board of County Commissioners. The agreements shall be developed in conjunction with the County Economic Development office, and copies provided to the Planning Department. These agreements must be signed before any building permit is issued. The Drainage Agreement must prescribe, or reference provisions to, address crop and field tile damages up to five years after construction.
      (1)   Map submission. The developer shall submit a drainage location map and existing conditions report within 100 feet of tower construction and from the center of all transportation routes used. These documents must make note of all known regulated or private open and tiled drains.
      (2)   Construction schedules. Drainage preconstruction upgrade and post construction restoration schedule must be provided. These documents must be provided to the Board of County Commissioners 60 days prior to the project commencement.
      (3)   Road report. Road use and road condition report construction location must be submitted. Road preconstruction and post construction restoration schedule must be provided. These documents must be provided to the Board of County Commissioners 60 days prior to the project commencement.
   (D)   Erosion control plan. An erosion control plan must be developed in consultation with the Natural Resources Conservation Services (NRCS), and any stormwater quality management plan adopted by the applicable jurisdiction.
   (E)   Utility plan. A utility plan must drawn to the same scale as the site layout plan illustrating the location of all underground utility lines associated with the total WECS project.
   (F)   Avoidance and mitigation of damages to public infrastructure. In addition to complying with the approved road use and maintenance agreement, an applicant, owner, or operator proposing to use any county road(s) for the purpose of transporting any component of a commercial WECS project and/or equipment for construction, operation, or maintenance of a commercial WECS project shall comply with the following pre-construction requirements.
      (1)   Identification of roads and services. The applicant shall identify all roads and services, to the extent that any proposed routes that will be used for construction and maintenance purposes shall be identified. If the route includes a public road, it shall be approved by the County Highway Superintendent.
      (2)   Pre-construction survey. The applicant shall conduct a pre-construction baseline survey acceptable to the County Highway Superintendent to determine existing road conditions for assessing potential future damage. The survey shall include photographs, or video, or a combination thereof, and a written agreement to document the condition of the public facility.
   (G)   Assurance. Prior to construction the developer/company will put in place two forms of financial assurance; one repair bond, and one performance bond for road and drainage pre-construction and post construction. These must be issued and adopted by the Board of County Commissioners prior to the project commencement.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019)