After approval of the primary development plan, a petition for final development plan approval shall be submitted to the Area Plan Commission and shall include:
(A) Revised site plan. A revised site plan indicating any changes to the site plan submitted for the preliminary development plan approval.
(B) Transportation plan. A transportation plan recommended by the WECS or SECS Transportation Committee and approved by the County Commissioners including a form of financial assurance acceptable to the County Commissioners for the repair or replacement of all damaged roads, bridges, signage, or other transportation structures during construction, maintenance, and operation.
(C) Drainage plan. A drainage plan approved by the Posey County Soil and Water Conservation District-District Technician and including a form of financial assurance acceptable to the county for the repair or replacement of all damaged drains, ditches, and tiles (if in the public right-of-way). The transportation plan and the drainage plan shall state that any newly constructed access roads shall not impede the flow of water and will comply with the county drainage ordinance.
(D) Safety and security plan. A safety and security plan which must include adequate provisions for site security and safety, including without limitation the specific protocol, times and contact information for shutting down a wind turbine. If the plan includes using county services, it should include signatures of the proper authorities indicating they are aware of their role and capable of performing it. Coordination with local emergency responders and area hospitals must be included.
(E) Decommissioning plan. A decommissioning plan to ensure that the project is properly decommissioned. The decommissioning plan must be updated and approved by the Area Plan Commission every five years after the approval of the initial decommissioning plan and after any material improvements are added to the project, in the same manner as the initial decommissioning plan. The decommissioning plan shall include financial assurance that the project facilities are properly decommissioned upon the end of the project life or abandonment consistent with this subchapter. The financial assurance must be provided at the completion of construction and prior to the issuance of any improvement location permit. The obligations with respect to decommissioning shall include removal and proper disposal of all physical material pertaining to the project improvements to a depth of five feet beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements. The decommissioning plan shall include a contractor cost estimate from a licensed engineer with experience in these matters for demolition and removal of similar facilities. The decommissioning plan must include proper disposal of all hazardous material and operator must provide to the Area Plan Commission the certification of disposal issued by the entity providing the disposal service and/or the receiving disposal facility. All disposal must comply with local, state and federal law, rules and regulations in effect at the time of decommissioning.
(F) Construction and operation bond. A construction and operation bond that runs from the date of commencement of construction through the tenth year of operation of the project. The applicant shall demonstrate that it has the financial resources to construct and operate the project by providing evidence of: (1) adequate funding of 100% of the estimated cost of construction of the project; (2) performance and payment bonds or other sureties from the applicant and/or major equipment suppliers and contractors; (3) the existence of written warranties from contractors and/or manufacturers which have demonstrated financial ability to repair and/or replace defective work, materials, and equipment; and (4) adequate casualty, builders risk, business interruption, and liability insurance for the replacement of the project facilities and the individual components thereof. The applicant may provide such cost estimates, bids, contracts, warranties, feasibility studies, engineering studies and reports, insurance certificates, loan and other financing commitments to provide the requested information.
(G) Economic development agreement. For any project seeking tax abatement or other economic considerations for the project from government, the applicant shall submit an economic development agreement approved by the County Commissioners. The economic development agreement must be developed in consultation with the Local Economic Development Organization ("LEDO") and the County Council. The economic development agreement shall include, as applicable, estimated property taxes and any tax abatement, any economic development payments, estimated lease payments and overall cost and tax revenue impact on the county as well as the estimated current economic impact of the project area in its current use. The economic development agreement may also include a property value guarantee agreement in the form found in § 153.135.
(H) The applicant states that the reports submitted for preliminary development plan approval remain true and correct and there has been no change in the project design that would require the applicant to resubmit the project for coordination with applicable entities.
(I) Additional assurances. The applicant shall provide a notarized statement acknowledging and affirming the following with respect to the project:
(1) All duties and obligations of each of the applicant, owner, and operator shall be joint and several, and shall be binding upon all each of their heirs, successors in interest, and assigns. At least 30 days prior to any transfer of any ownership interest in the project, written notice shall be given to the executive of the municipality where the project is located and the Area Plan Commission. All bonds, sureties, letters of credit or other financial assurances provided under this subchapter shall remain in full force and effect upon any transfer, assignment, or conveyance of an ownership interest until the successor in interest delivers an accepted replacement obligation. The transfer, assignment or conveyance of an ownership interest in the project without the advance approval of replacement bonds, sureties, letters of credit or other financial assurances shall constitute a default and shall not relieve the responsible party of liability. However, the transfer of the interest of the owner(s) shall be allowed without advance approval so long as the bond, surety, letter of credit or other financial assurance posted by the applicant or operator covers the successors in interest of the owner(s).
(2) An owner, or applicant, or operator which violates any provision of this subchapter (including violations by their agents, contractors or subcontractors) shall be subject to fines and all legal remedies under §§ 153.210 et seq. Any owner, or applicant, or operator or a contractor or agent thereof who engages in any activity prohibited by or under the control of this subchapter without first obtaining any required approval or permit including but not limited to an improvement location permit or a certificate of occupancy shall be subject to fines and all legal remedies under §§ 153.210 et seq. Each day a violation occurs or continues constitutes a separate offense. The authority to assess fines rests only with the Area Plan Commission. The Area Plan Commission shall also have all recourse to address violations as provided by law.
(3) Enforcement of this subchapter shall be in compliance with § 153.210, as it may be amended.
(J) Time limitation. An application for final development plan approval must be submitted no later than two years after the preliminary development plan approval. If not submitted within two years, the applicant must re-submit its preliminary development plan for approval before submitting its final development plan. The applicant may, but is not required, to combine its preliminary and final development plan approval into one submission in that case. No project may exceed the total acreage approved in the final development plan by more than 2% without further approval by the Area Plan Commission.
(Ord. 20-07, passed 3-4-20; Am. Ord. 2021-11, passed 6-2-21)