(A) General. The provisions in this section are in addition to the general violation, penalties and enforcement provisions of this subchapter. Lake County shall retain authority to enforce the height and setbacks and operating requirements for commercial wind facilities in § 151.112(DDD), and additional requirements and standards for wind energy facilities as identified in Appendix Q.
(B) Violation, cessation and remedy.
(1) Should a commercial wind energy facility, or any part of the facility, violate the operating requirements of this section, or become inoperable, the owner shall cease operations immediately.
(2) Upon receipt of a complaint or the notice of a complaint from the owner, the Director of Planning, Building and Development shall make a determination as to whether there is a violation of the permit or operating requirements requiring immediate cessation of operation.
(3) Once violations have been remedied, as determined by the Director of Planning, Building and Development, the facility may resume operations.
(C) Finding of default and abandonment.
(1) The owner must remedy any condition in which the commercial wind energy facility has become inoperable, or otherwise violated the operating requirements defined under § 151.112(DDD) for commercial wind energy facilities within 180 days of the issue date on written notice from Lake County or be considered to be in default and the facility considered to be abandoned.
(2) The Planning, Building and Development Director may authorize an extension based on extenuating circumstances. All requests for extension must be made in writing, prior to the expiration of the 180-day remedy period and provide the basis for the request and the amount of additional time requested.
(D) Decommissioning of wind facilities. The applicant (or the owner, if different from the applicant) must submit a decommissioning plan with cost estimation to the county as part of the siting application and provide testimony supporting the calculation of costs provided in said plan during the public hearing on the application. Prior to receiving any building permit for the commercial wind energy facility, the applicant or owner shall provide a decommissioning agreement and post the required financial assurances for the benefit of the county. Periodically, and as required by the Agricultural Impact Mitigation Agreement, the owner must update the decommissioning plan, cost estimations and provide updated financial assurances to the benefit of the county.
COMMENTARY: The Decommissioning Agreement and Financial Assurances shall comply with 55 ILCS 5/5-12020 and the AIMA. |
(Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024)