(A) Decommissioning security. At the completion of construction but before any commercial operations begins, the applicant shall secure and provide to the Area Plan Commission a performance bond, surety bond, letter of credit, or other form of financial assurance that is acceptable to the Area Plan Commission (the "Decommissioning Security") equal to 125% of the estimated cost of decommissioning the project pursuant to the decommissioning plan. The Decommissioning Security, in computing the estimated cost of decommissioning, shall consider and deduct up to 35% of the net salvage value (as defined) of the project. The amount of the Decommissioning Security shall be adjusted annually by January 31 by an amount equal to the increase in the CPI Index. "CPI Index" shall mean the Consumer Price Index for "All Urban Consumers, U.S. City Average, All items," issued by the Bureau of Labor Statistics of the United States Department of Labor, or, if discontinued or no longer published, such other governmental index that most closely matches the manner in which inflation had been previously tracked as selected by the Area Plan Commission. The decommissioning plan and Decommissioning Surety shall be re-evaluated every five years commencing with the operation of the project by a licensed engineer approved by the Area Plan Commission and qualified to provide an estimate of the cost of decommissioning of the project and the net salvage value of the project (the "Decommissioning Engineer"). A new Decommissioning Security in the revised amount, if any, shall be provided within 60 days of the approval of the updated decommissioning plan.
(B) Waste removal. All solid waste whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state and federal rules and regulations.
(C) Modifications. Any physical modification to the project that alters the mechanical load, mechanical load path, nameplate generating capacity, size or location or major electrical components shall require a new improvement location permit and/or if there is more than a 2% increase in total acreage of the project. Like-kind replacements that do not have the effects listed above do not require new permitting. Prior to making any physical modification (other than a like-kind replacement), the applicant shall confer with the Building Inspector to determine whether the physical modification requires new permitting.
(D) Inspections. Upon request of the Building Commissioner of the affected governmental unit or the executive of the affected governmental unit, operator shall provide an annual inspection report for all facilities in the project to the Building Commissioner and executive, at operator's cost. In addition, the Building Commissioner, approved designees, along with licensed third party engineers/professionals retained by the county for the specific purpose of conducting inspections of the project shall have the right, at any reasonable time and with sufficient prior notice, to accompany the applicant, or his agent, on the project premises to inspect the project and its construction and maintenance and to identify any necessary repairs. The applicant of the project may retain a licensed third party professional engineer familiar with the applicable systems to prepare and submit to the County Building Commissioner a written report which addresses the repairs or alterations requested, and which suggest alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary, within 30 days after receiving notice from the County Building Inspector that repairs or alterations are requested, or within a longer period of time mutually acceptable to both parties. The County Building Inspector will consider any such written report and determine whether the repairs or alterations should be made as originally requested or as suggested in the written report. In the event of a dispute between the County Building Inspector and the applicant or a third-party professional engineer retained by them, as to the repairs or alterations which are required, the decision of the County Building Inspector shall be final. These inspections do not relieve any liability of the owner or operator for damages or injuries arising from or related to the project. The Area Plan Commission Executive Director will inspect and determine compliance with zoning regulations and approved development plans and the Executive Director shall thereafter make appropriate report(s) to the Area Plan Commission for action, if any action is necessary.
(E) Complaints. If, after construction, the applicant receives a written complaint related to interference caused by WECS with local broadcast residential television, telecommunication, communication or microwave transmissions, the applicant shall promptly resolve the complaint.
(F) As-built plans. The applicant shall deliver to the Executive Director of the Area Plan Commission and to all providers of emergency services serving the project area a copy of the as-built site map. Upon request by the local fire department, the applicant shall cooperate with the local fire department to develop or update the fire department's emergency response plan. Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.
(G) Record of ground disturbance and road usage. On completion of construction the applicant shall submit to the County Surveyor a site map detailing all ground disturbed through construction activity, surface and subsurface as-built infrastructure and all routes over which trucks and equipment traveled. The scale and format of the submitted map shall conform to the County Surveyor's specifications.
(H) Liability for drainage. For a period of five years following the completion of construction the applicant shall be liable for all costs of repair to county drain tiles, regulated drains and ditches and other county regulated surface and subsurface structures and private tiles located in the public right-of-way within 50 feet of the routes and disturbed ground. This period shall be extended for any damages occurring as a result of operations, replacement or maintenance of the project after the five year period.
(I) Abandonment. A WECS or SECS or any individual WECS tower or solar panel constituting a portion of the project is presumed at the end of its useful life and/or abandoned if the WECS or SECS or the individual WECS turbine or solar panel generates no electricity for a continuing period of 12 months. This presumption may be rebutted by submitting to the Area Plan Commission for approval and within 90 days of submission obtaining approval thereof of a plan outlining the steps and schedules for returning the WECS, SECS or individual turbine or solar panel to service. Any WECS, SECS or individual turbine or solar panel which pursuant to the terms hereof is either reached the end of its useful life and/or abandoned pursuant to the terms hereof shall be subject to removal pursuant to the Decommissioning Plan.
(J) Unsafe structures. Any WECS, WECS tower, SECS or structure thereof declared to be unsafe by the County Building Commissioner or the Area Plan Commission by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation within 12 months or be deemed abandoned and at the end of its useful life and subject to decommissioning. Nothing herein prevents the County Building Commissioner or the Area Plan Commission issuing an immediate cease use order as to any structure that he or she determines is unsafe during the repair or rehabilitation period.
(Ord. 20-07, passed 3-4-20; Am. Ord. 2021-11, passed 6-2-21)