After the filing of an application, the Code Official shall make a preliminary determination of completeness of the application. If, in the Code Official's opinion, the application has addressed the required elements of an application, it will be forwarded to the County Engineer and the Subdivision and Land Use Committee to conduct a public hearing on the application. If the application is incomplete, the applicant will be notified and the application will not proceed to hearing unless good cause is shown for the incompleteness.
(A) Notice. The applicant must provide a complete list of all properties adjacent to a proposed wind energy conversion system. The applicant shall have a notice issued to every owner of those properties by certified mail, registered mail, or personal service at the last known address of such owner of a property as identified by the county tax records. The notice will identify the nature of the proposed use and the date that a public hearing shall occur on the proposed use at the Subdivision and Land Use Committee, and that any person may make an appearance to participate in that hearing. Those notices must be served at least 15 days before the public hearing. The applicant shall provide evidence of notification or evidence of a "good faith" effort to contact the property owner prior to the hearing if requested by the Code Official. The hearing notice shall also be published in a circulation of general publication at least three times before the hearing commences, with the first publication occurring at least 30 days before the hearing and at least one publication occurring between seven and 15 days before the hearing.
(B) Subdivision and Land Use Committee. The Committee members shall preside over the public hearing; establish a record of the proceedings; and make decisions concerning the admission of the evidence and the manner in which the hearing is conducted. The Chairperson of the Committee will make a recommendation and proposed findings to the full Board at the next regular scheduled meeting. At the commencement of the public hearing, people wishing to provide a public comment will be identified by a sign in sheet.
(C) Committee and County Board action. The Subdivision and Land Use Committee will consider the following facts:
(1) Whether the application and proposed wind energy conversion system substantially complies with the wind energy conversion systems.
(2) Whether the proposed wind energy conversion system is sufficiently protective of the public health, safety and welfare of the residents of Jersey County.
(3) The Subdivision and Land Use Committee shall tender its findings and recommendations to the County Board. The committee may recommend approval, approval with request for additional information or clarification, approval with conditions, or denial. Within 30 days of the conclusion of the public hearing, the County Board will meet in public session and render its decision. The County Board may approve, approve with conditions, or deny the application.
(D) Re-filing. Any applicant, owner or operator whose wind energy conversion system application is denied may not re-file a substantially similar application for one year. If the County Code Official determines an application is substantially similar to one the applicant filed within one year, it will not be forwarded to the Subdivision and Land Use Committee or the County Board for review.
(E) Hearing facilitator. The county may engage the services of a hearing facilitator. The hearing facilitator shall be an independent contractor who shall conduct a hearing in accordance with all applicable rules of the Board and the county but has no adjudicatory responsibility other than ruling on requests for continuance, procedural matters, admissibility of evidence and the propriety of any arguments.
(Ord. WEC-23, passed 8-8-2023)