Post-construction, the applicant shall comply with the following provisions:
(A) Road repairs. Any road damage caused by the construction of project equipment, the installation of the same, or the removal of the same, shall be repaired as per the road use and maintenance agreement approved by the County Commissioners.
(1) The Executive Director of the County Highway Department may choose to require either remediation of road repairs upon completion of the project or is authorized to collect fees for oversized load permits.
(2) A corporate surety bond in an amount to be fixed by a professional engineer may be required by the Executive Director of the County Highway Department to insure the county that future repairs are completed to the satisfaction of the Board of Commissioners. The cost of bonding shall be paid by the applicant.
(B) As-built plans requirement. Upon completion of all development, the applicant, owner, or operator shall submit to the Building Commissioner a complete set of as-built construction plans showing the exact measurements of the location of all utilities and structures erected during the development, in such quantities as shall reasonably be required for review by all appropriate county reviewing agencies. After each reviewing agency has reviewed and accepted the as-built drawings, and Building Commissioner is satisfied that the measurements are substantially the same as indicated on the originally approved final plan(s), the Building Commissioner shall approve, date and sign said as-built construction plans for the project, which the applicant, owner, or operator shall then record in the office of the County Recorder.
(C) Post-construction sound measurements.
(1) Within 12 months after issuance of a WECS inspection certificate, and annually thereafter, the applicant, owner or operator of all WECS except micro WECS shall submit a post-construction noise profile study which includes sufficient information, including sound modeling and actual measurements, for the Building Commissioner to verify, after consultation with a qualified independent acoustical consultant retained by the county, that the WECS continues to meet the requirements of § 161.09 of this chapter.
(2) Post-construction measurement methods will be based on good-engineering practices and industry-recognized international standards for the measurement of WTG noise emissions, (IEC 61400-11) when applicable.
(3) Post-construction sound measurements shall include measurements taken:
(a) At a point within 25 feet of each non-participating landowner’s dwelling or primary structure on a direct line between the dwelling or primary structure and the nearest WECS Tower; and
(b) At the point on each non-participating landowner’s property line which is closest to the nearest WECS Tower.
(4) Post-construction sound measurements shall be collected during meteorological conditions which result in full electrical output of the WECS.
(5) If post-construction sound measurements of ambient noise (WECS noise plus all non-WECS related noise) are less than or equal to the WECS-only noise limits specified in § 161.09, the WECS will be in conformance with noise limitations of this chapter. Otherwise, WECS-only noise levels may be determined using practical acoustical measurement and/or analysis techniques including but not limited to:
(a) Conducting measurements with all WTGs operating and then immediately again with all WTGs locked-out, to estimate WECS-only noise levels;
(b) Use of spectral analysis techniques to estimate WECS-only noise levels; and
(c) Use of acoustical models to propagate close-in WECS measurements to far-field receiver locations, and the like.
(6) If the Building Commissioner determines, after consultation with a qualified independent acoustical consultant retained by the county, that the post-construction noise profile study fails to demonstrate continued compliance with the requirements of § 161.09 of this chapter, the Building Commissioner shall notify the owner or operator of the failure in writing, and the owner or operator shall have 90 days to cure the failure and provide written documentation of compliance to the Building Commissioner. If the Building Commissioner determines that an owner or operator of the WECS has failed to take reasonable steps to remedy noncompliance within 90 days, the Building Commissioner may order the owner or operator of the WECS to take the actions as may be required to cure the failure, including, but not limited to, curtailing operation of the WECS, or components thereof, under the specific meteorological conditions which were in existence at the time the actual measurements contained in the report were taken, until the owner or operator has demonstrated to the satisfaction of the Building Commissioner that it is in compliance with the standards set out in § 161.09 and § 161.10 regarding the issues raised in the post-construction noise profile study.
(a) Any curtailment order shall specify the:
1. Hub height wind speed as measured at the WTG nearest to the complainant;
2. Wind direction as measured at the WTG nearest to the complainant;
3. Specific hour of the day (ranging from 7:00 a.m. to 10:00 p.m.) or specific hour of the night (from 10:00 p.m. to 7:00 a.m.); and
4. Days of the year for which curtailment applies.
(b) If curtailment does not return the WECS to compliance, the Building Commissioner may revoke the owner or operators WECS inspection certificate upon 15 days prior written notice thereof; provided however the appeal rights set out in § 161.20 shall apply. An owner or operator whose WECS inspection certificate has been revoked may apply for reinstatement of its WECS inspection certificate after curing any compliance issues.
(D) Change in ownership. It is the responsibility of the owner or operator listed in the application to inform the Building Commissioner of all changes in ownership and operation during the life of the project, including the sale or transfer of ownership or operation.
(Ord. 2010-02-CM, passed 4-5-10; Am. Ord. 2010-24-CM, passed 2-21-11)