(A) The owner or operator of the WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the city. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the city reasonably requests.
(B) Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under this chapter. Like-kind replacements shall not require re-certification.
(C) An applicant or successor in interest shall have the facility inspected annually by third party qualified wind power professionals at their own expense. The third party qualified wind power professional shall be subject to the approval of the City's Engineer or designated representative. Within 15 days of the inspection a copy of any report must be provided to the city. The WECS may not operate unless a certificate is provided to the city indicating that the annual maintenance has been completed and the facility is in good working condition. Failure to provide this annual certification may cause the revocation of the special use permit.
(D) Coordination with local fire department.
(1) The applicant, owner, or operator shall submit to the local fire department a copy of the site plan.
(2) The applicant, owner, or operator will communicate with any fire department(s) providing fire protection for the areas of the proposed WECS and upon request by the fire department cooperate in the development or revision of the fire department's emergency response plan.
(3) The applicant, owner, or operator shall where reasonably possible link the WECS project's fire detection systems with the appropriate fire departments.
(4) Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.
(E) Materials handling, storage and disposal.
(1) All solid wastes related to the construction, operation and maintenance of the WECS shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.
(2) All hazardous materials related to the construction, operation and maintenance of the WECS shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.
(F) Complaint resolution.
(1) The applicant of any U-SWECS or S-WECS shall develop a process to resolve any complaints that may arise from neighboring property owners during the construction and operation of the WECS. The process shall use an independent mediator and shall include a time limit for acting on a complaint that is received. The process shall not preclude the local government from acting on a complaint. The applicant shall provide to the nearby residents a phone number of the project manager during the construction of the facility if a problem should arise.
(2) Applicant of any U-SWECS or S-WECS will respond to all complaints from persons directly affected by the WECS project within 48 hours, will attempt to resolve all complaints in a prompt and responsible manner, will keep a log of all complaints and the method of resolution, will make the log available to city, and will agree to participate in a non-binding mediation for complaints that are not resolved with the cost of such to be paid directly by applicant.
(G) Federal and state requirement compliance. The applicant will comply with all applicable laws and regulations and WECS shall meet or exceed any standards and regulation of the FAA and any other agency of the state or federal government with authority to regulate WECS.
(H) City access. The applicant will allow city officials or their agents to investigate any issues arising from the project at and by entering the special use area and providing any requested documentation.
(Ord. 2021-MC03, passed 2-8-2021)