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A wind energy facility may exceed the height limitation of the zoning district in which the wind energy facility is located. In the case of a wind turbine erected on the top of an existing building, the turbine shall only be allowed in the form of a height variance issued by the Planning Commission in conjunction with the conditional use permit required herein.
(Ord. 2011-32. Passed 3-7-11.)
Audible sound from a wind energy facility shall not exceed limits set forth by Section 509.08 in the Elyria Codified Ordinances “Noise Disturbances”. City Council may address further restrictions in regard to shadow flickering upon neighboring properties.
(Ord. 2011-32. Passed 3-7-11.)
A. Non-participating landowners may waive the noise provisions of this chapter by signing a waiver of their rights.
B. The written waiver shall notify the property owner(s) of the sound limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound limit in this chapter.
(Ord. 2011-32. Passed 3-7-11.)
There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) combined. Certificates shall be made available to the City upon request. The City Council may require additional policy limits depending upon the size of the proposed project.
(Ord. 2011-32. Passed 3-7-11.)
A. The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines.
B. The wind energy facility or individual wind turbines will be presumed to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.
C. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. The owner or operator shall deposit in the Agency Fund approved by City Council a sum equal to the cost of said removal and restoration of the site.
D. 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.
E. If the facility owner or operator fails to complete decommissioning within the period prescribed by division A. above, then the landowner shall have six months to complete decommissioning.
G. In cases involving a failure by the owner or operator to implement and complete a decommissioning plan, the City may proceed in the decommissioning of the facility using the funds in the Agency Fund approved by City Council.
(Ord. 2011-32. Passed 3-7-11.)
1188.13 REMEDIES.
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 City shall provide written notice to any person, firm, or corporation alleged to be in violation of this chapter or permit. 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 violation.
C. If after 30 days from the date of the notice of violation the City determines, in 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.
(Ord. 2011-32. Passed 3-7-11.)