Crook County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
161 COMMERCIAL POWER GENERATING FACILITIES
§ 18.161.010 Criteria.
In addition to any other requirements of the applicable zone, commercial power generating facilities are subject to the following criteria.
(1)
Commercial Wind Energy Systems.
(a)
In addition to the requirements of this chapter, wind energy systems in EFU zones are subject to OAR 660-033-0120 and 660-033-0130.
(b)
Application Requirements. An application for a commercial wind energy system shall include the following unless waived by the director in writing:
(i)
A description of the proposed wind energy system, a tentative construction schedule, the legal description of the property on which the facility will be located, and identification of the general area for all components of the wind energy system, including a map showing the location of components and including:
(A)
Evidence of wind monitoring data qualifying the wind resources within the project boundary;
(B)
Evidence of an active utility transmission interconnect request and/or process and description of same; and
(C)
A route and permitting plan for transmission lines connecting the project to the grid.
(ii)
Identification of potential conflicts, if any, with:
(A)
Accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm uses;
(B)
Other resource operations and practices on adjacent lands including wind power generation facilities on such adjacent lands.
(iii)
A transportation impact analysis (TIA) or traffic assessment letter (TAL), with proposed recommendations, if any, reflecting the requirements of Section 7.1.7 of the Crook County transportation system plan (TSP) and the transportation impacts of the wind energy system upon the local and regional road system during and after construction, after consultation with the Crook County road master. The TIA or TAL will designate the size, number, location and nature of vehicle access points and shall include a construction and vehicle access plan and appropriate road access permits if needed.
(iv)
A wildlife impact and monitoring plan. The plan shall be designed and administered by the applicant's wildlife professionals. Contents and duration of the study shall be recommended by a technical advisory committee. At the request of applicant, this committee requirement may be waived or discontinued by the county planning commission. If applicant has completed a wildlife impact study, it can be submitted for review to the planning commission.
(v)
An emergency management plan for all phases of the life of the facility. The plan shall address the major concerns associated with the terrain, dry conditions, limited access, and water quality. The plan shall identify the fire district and verify that the district has the appropriate equipment, training and personnel to respond to fires and high rise rescue and spills. If the local fire department or district does not have adequate high rise rescue capability, the applicant shall provide a plan for providing such in case of an emergency. A spill prevention control and counter measure plan (SPCC) shall also be provided. An operation and maintenance plan (O&M) shall be submitted detailing expected work force, local response capability, controlled access, and, in the case of transmission lines, proof of emergency response capability in accordance with OPUC rules governing operation and maintenance of such lines.
(vi)
An erosion control plan, developed in consultation with the Crook County soil and water conservation district, the Crook County watershed council, and the Oregon Agricultural Water Quality Management Program (administered by the Oregon Department of Agriculture and Department of Environmental Quality). At a minimum, the plan should include the seeding of all road cuts or related bare road areas as a result of all construction, demolition and rehabilitation with an appropriate mix of native vegetation or vegetation suited to the area. The plan should also address monitoring during post construction.
(vii)
A weed control plan addressing prevention and control of all Crook County identified noxious weeds.
(viii)
Information pertaining to the impacts of the wind energy system on:
(A)
Wetlands and streams;
(B)
Wildlife (all wildlife listed as identified Goal 5 resources in the comprehensive plan, state and federal listed endangered, threatened, sensitive and special status species, bats and raptors and species of local sport and economic importance);
(C)
Wildlife habitat; and
(D)
Criminal activity (vandalism, theft, trespass, etc.). Include a plan and proposed actions to avoid, minimize or mitigate impacts.
(ix)
A dismantling and decommissioning plan of all components of the wind energy system, as provided in subsection (1)(e) of this section.
(x)
A socioeconomic impact assessment of the wind energy system, evaluating such factors as, but not limited to, the project's effects upon the social, economic, public service, cultural, visual, and recreational aspects of affected communities and/or individuals. These effects can be viewed as either positive or negative. The purpose of this information is to provide decision makers with information in order to maximize potential benefits and to mitigate outcomes that are viewed as problematic. The applicant may submit information provided by the Economic Development of Central Oregon or similar entity to meet this requirement.
(c)
Criteria. The following requirements and restrictions apply to the siting of a wind energy system facility:
(i)
Setbacks. No portion of the facility shall be within one-half mile of properties zoned residential use or designated on a comprehensive plan as residential. If the facility is located in a residential zone then this restriction does not apply to the lot or parcel that the facility is located on, or any adjacent property in common ownership. Towers and turbines shall not be constructed closer than one-half mile of an existing residence unless a written waiver is obtained from the landowner, which shall become a part of the deed to that property. New electrical transmission lines shall not be constructed closer than 500 feet to an existing residence without prior written approval of the owner, said written approval to be made a part of the deed to that property. Turbine towers must be set back from any public roadway a minimum distance of one and one-half times the total blade tip height.
(ii)
A plan shall identify how the development and operation of the facility will, to the extent practicable, protect and preserve existing trees, vegetation, water resources, wildlife habitat and other significant natural resources.
(iii)
The turbine towers and transmission support structures shall be designed and constructed to discourage bird nesting and wildlife attraction. The proposed wind energy system shall be designed to reduce the likelihood of significant adverse effects on wildlife and wildlife habitat. Measures to reduce significant impact may include, but are not limited to, the following:
(A)
Designing foundations and support structures for equipment to avoid creation of artificial habitat or shelter for raptor prey.
(B)
Controlling weeds to avoid the creation of artificial habitat suitable for raptor prey.
(C)
Using anti-perching protection devices on transmission line support structures and appropriate spacing of conductors.
(D)
Avoiding construction activities near raptor nesting locations during sensitive breeding periods and using appropriate no construction buffers around known nest sites.
(iv)
A finding by the Energy Facility Siting Council that a proposed energy facility meets the Council's fish and wildlife habitat standard, OAR 345-022-0060, satisfies the requirements of subsection (1)(c)(iii) of this section.
(v)
The turbine towers shall be of a size and design to help reduce noise or other detrimental effects. At a minimum the facility shall be designed and operated within the limits of noise standards established by the state of Oregon.
(vi)
Private access roads established and controlled by the wind energy system shall be gated to protect the facility and property owners from illegal or unwarranted trespass, illegal dumping and hunting.
(vii)
Where practicable the electrical cable collector system shall be installed underground, at a minimum depth of three feet; elsewhere, the cable collector system shall be installed to prevent adverse impacts on agriculture operations.
(viii)
In EFU zones any required permanent maintenance/operations buildings shall be located off site in one of Crook County's appropriately zoned areas, except that such a building may be constructed on site if:
(A)
The building is designed and constructed generally consistent with the character of similar buildings used by commercial farmers or ranchers; and
(B)
The building will be removed or converted to farm use upon decommissioning of the wind energy system consistent with the provisions of subsection (1)(e) of this section.
(ix)
A wind energy system shall comply with the Specific Safety Standards for Wind Facilities delineated in OAR 345-024-0010 (as adopted at time of application).
(x)
Airport Proximity. The wind energy system shall not be located adjacent to, or within, the control zone of any airport.
(xi)
Cleaning Chemicals and Solvents. During operation of the wind energy system, all chemicals or solvents used to clean equipment should be low in volatile organic compounds and the operator should use recyclable or biodegradable products to the extent possible.
(xii)
If the wind energy system is located in or adjacent to an EFU zone, a covenant not to sue with regard to generally accepted farming practices shall be recorded with the county. "Generally accepted farming practices" shall be consistent with the definition of farming practices under ORS 30.930. The applicant shall covenant not to sue owners, operators, contractors, employees, or invitees of property zoned for farm use for generally accepted farming practices.
(xiii)
A road use agreement with Crook County regarding the impacts and mitigation on county roads during and after construction shall be required as a condition of approval.
(xiv)
Compliance with the standards found in OAR 660-033-0130(37) shall need to be demonstrated.
(xv)
A plan for dismantling of uncompleted construction and/or decommissioning of the wind energy system shall be required. Contents of the plan are set forth in subsection (1)(e) of this section.
(xvi)
An agreement and security in accordance with CCC § 17.40.080 and § 17.40.090 acceptable to the county shall be established to cover the cost of dismantling of uncompleted construction and/or decommissioning of the facility, and site rehabilitation; see subsection (1)(e) of this section. Upon approval of the planning commission, the agreement may allow that the security may be phased throughout the proposed project. If phasing is proposed the applicant shall submit a phasing schedule. For projects being sited by the state of Oregon's Energy Facility Siting Council (EFSC), the bond, letter of credit, or other form of security required by EFSC will be deemed to meet this requirement. For non-EFSC projects, the EFSC requirements for bonds shall serve as a guideline for the amount of the bond or other financial mechanism required.
(xvii)
The actual latitude and longitude location or state plane NAD 83(91) coordinates of each turbine tower, connecting lines, and transmission lines shall be provided to Crook County planning department within 90 days of starting construction.
(xviii)
A summary of as built changes in the facility from the original plan, if any, shall be provided by the owner/operator.
(xix)
Upon request of the county after the end of each calendar year the facility owner/operator shall provide Crook County an annual report including the following information:
(A)
A summary of changes to the facility that do not require facility requirement amendments.
(B)
A summary of the wildlife monitoring program – bird injuries, casualties, positive impacts on area wildlife and recommendations for changes in the monitoring program.
(C)
Employment impacts to the community and Crook County during and after construction.
(D)
Success or failure of weed control practices.
(E)
Status of the decommissioning bond or other financial mechanism.
(F)
Summary comments of any problems with the projects, any adjustments needed, or any suggestions.
(G)
For facilities under EFSC jurisdiction and for which an annual report is required, the annual report to EFSC satisfies this requirement.
(d)
Amendments. The wind energy system requirements shall be facility-specific, but can be amended as long as the facility does not exceed the boundaries of the Crook County land use permit where the original facility was constructed. An amendment to the specific requirements of the land use permit shall be subject to the standards and procedures found in Chapter 18.170 CCC. Additionally, an amendment shall be required if the facility changes would:
(i)
Require an expansion of the established facility boundaries;
(ii)
Increase the number of turbine towers by more than 20 percent;
(iii)
Increase generator output by more than 25 percent relative to the generation capacity authorized by the initial permit due to the repowering or upgrading of power generation capacity;
(iv)
Change any roads or access points at or inside the project boundaries;
(v)
Notification by the facility owner/operator to the Crook County planning department of changes not requiring an amendment is encouraged, but not required. An amendment to a site certificate issued by EFSC will be governed by the rules for amendments established by EFSC.
(e)
Decommissioning. Plan elements shall include:
(i)
A plan for dismantling and/or decommissioning that provides for completion of dismantling or decommissioning of the facility without significant delay and protects public health, safety and the environment in compliance with the restoration requirements of this section.
(ii)
A description of actions the facility owner proposes to take to restore the site to a useful, nonhazardous condition, including options for post-dismantle or decommission land use, information on how impacts on wildlife populations and the environment would be minimized during the dismantling or decommissioning process, and measures to protect the public against risk or danger resulting from post-decommissioning site conditions in compliance with the requirements of this section.
(iii)
A current detailed cost estimate, a comparison of that estimate with present funds of the bond or other financial mechanism for dismantling or decommissioning, and a plan for assuring the availability of adequate funds for completion of dismantling or decommissioning. The cost estimate will be reviewed and be updated by the facility owner/operator on a five-year basis, unless material changes have been made in the overall facility that would materially increase these costs. If so, the report must be revised within 120 days of completion of such changes.
(iv)
Restoration of the site shall consist of the following:
(A)
Dismantling and removal of all turbines, towers, pad-mounted transformers, meteorological towers and related above-ground equipment. All concrete turbine pads shall be removed to a depth of at least four feet below the surface grade.
(B)
The underground collection and communication cables need not be removed if at a depth of three feet or greater. Cables at a depth of three feet or greater can be abandoned in place if they are deemed not a hazard or interfering with agricultural use or other consistent resource uses of the land.
(C)
Gravel shall be removed from areas surrounding turbine pads.
(D)
Access roads shall be removed by removing gravel and restoring the surface grade and soil.
(E)
After removal of the structures and roads, the area shall be graded as close as is reasonably possible to a condition compatible with farm uses or consistent with other resource uses. Revegetation shall include planting of native plant seed mixes, planting of plant species suited to the area, or planting by landowner of agricultural crops, as appropriate, and shall be consistent with the weed control plan approved by Crook County.
(F)
Roads, cleared pads, fences, gates, and improvements may be left in place if a letter from the landowner is submitted to Crook County indicating said landowner will be responsible for and will maintain said roads and/or facilities for farm or other purposes as permitted under applicable zoning.
(v)
The facility owner/operator shall submit to Crook County an agreement and security in accordance with CCC § 17.40.080 and § 17.40.090, acceptable to the county in form and amount and naming Crook County as beneficiary, obligee, or payee.
(A)
The calculation of present year dollars shall be made using the U.S. Gross Domestic Product Implicit Price Deflator as published by the U.S. Department of Commerce's Bureau of Economic Analysis (hereinafter the "Index"), or any decommissioning standards established by a successor agency. The amount of the bond or other financial mechanism shall be increased at such time when the cumulative requirements in the Index exceed 10 percent from the last change. If at any time the Index is no longer published, Crook County and the applicant shall select a comparable calculation of present year dollars. The amount of the bond or other financial mechanism shall be pro-rated within the year to the date of decommissioning.
(B)
The decommissioning security shall not be subject to revocation or reduction before decommissioning of the wind energy system and rehabilitation of the site.
(C)
The facility owner/operator shall describe the status of the decommissioning security in the annual report submitted to Crook County, or upon request.
(D)
If any disputes arise between Crook County and the landowner on the expenditure of any proceeds from the required security, either party may request nonbinding arbitration. Unless both parties agree on a single arbitrator, each party shall appoint an arbitrator, with the two arbitrators choosing a third. The arbitration shall proceed according to the Oregon statutes governing arbitration. The cost of the arbitration (excluding attorney fees) shall be shared equally by the parties, or as the parties may otherwise agree among themselves.
(E)
For projects sited by EFSC, compliance with EFSC's financial assurance and decommissioning standards shall be deemed to be in compliance with the dismantling and decommissioning requirements of this section.
(F)
Crook County may impose additional clear and objective conditions in accordance with the Crook County comprehensive plan, county zoning code and state law, which Crook County considers necessary to protect the best interests of the surrounding area, or Crook County as a whole.
(G)
Prior to commencement of any decommissioning work, all necessary permits shall be obtained, e.g., Crook County land use permits, road access and other permits from the Crook County road master and the Oregon Department of Transportation; or other entities.
(2)
Commercial Photovoltaic Energy Systems.
(a)
In addition to the requirements of this chapter, commercial photovoltaic energy systems in EFU zones are subject to OAR 660-033-0120 and 660-033-0130.
(b)
Application Requirements. An application for a commercial photovoltaic energy system shall include the following unless waived by the director in writing.
(i)
A description of the proposed photovoltaic energy system, a tentative construction schedule, the legal description of the property on which the facility will be located, and identification of the general area for all components of the photovoltaic energy system, including a map showing the location of components and including:
(A)
Evidence of an active utility transmission interconnect request and/or process and description of same; and
(B)
A route and permitting plan for transmission lines connecting the project to the grid.
(ii)
Identification of potential conflicts, if any, with:
(A)
Accepted farming practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm uses;
(B)
Other resource operations and practices on adjacent lands including photovoltaic energy system facilities on such adjacent lands.
(iii)
A transportation impact analysis (TIA) or traffic assessment letter (TAL) with proposed recommendations, if any, reflecting the requirements in Section 7.1.7 of the Crook County transportation system plan (TSP) and the transportation impacts of the photovoltaic energy system upon the local and regional road system during and after construction, after consultation with the Crook County road master. The TIA or TAL will designate the size, number, location and nature of vehicle access points and shall include a construction and vehicle access plan and appropriate road access permits if needed.
(iv)
A wildlife impact and monitoring plan. A wildlife impact and monitoring plan shall be required for photovoltaic energy systems impacting inventoried wildlife resources identified within the County comprehensive plan. The wildlife impact and monitoring plan shall be designed and administered by the applicant's wildlife professionals. Contents and duration of the study shall be recommended by a technical advisory committee. At the request of applicant, this committee requirement may be waived or discontinued by the county planning commission. If applicant has completed a wildlife impact study, it can be submitted for review to the planning commission. Projects that do not impact inventoried wildlife resources identified within the county comprehensive plan shall provide sufficient information to address the application requirement and criteria relating to wildlife in subsections (2)(b)(viii) and (2)(c)(iv) of this section; however, a comprehensive wildlife impact and monitoring plan is not required.
(v)
An emergency management plan for all phases of the life of the facility. The plan shall address the major concerns associated with the terrain, dry conditions, limited access, and water quality. The plan shall identify the fire district and verify that the district has the appropriate equipment, training and personnel to respond to fires. If the local fire department or district does not have adequate rescue capability, the applicant shall provide a plan for providing such in case of an emergency.
(vi)
An erosion control plan, developed in consultation with the Crook County soil and water conservation district, the Crook County watershed council, and the Oregon Agricultural Water Quality Management Program (administered by the Oregon Department of Agriculture and Department of Environmental Quality). At a minimum, the plan should include the seeding of all road cuts or related bare road areas as a result of all construction, demolition and rehabilitation with an appropriate mix of native vegetation or vegetation suited to the area. The plan should also address monitoring during post-construction.
(vii)
A weed control plan addressing prevention and control of all Crook County identified noxious weeds.
(viii)
Information pertaining to the impacts of the photovoltaic energy system on:
(A)
Wetlands and streams;
(B)
Wildlife (all wildlife listed as identified Goal 5 resources in the comprehensive plan, state and federal listed endangered, threatened, sensitive and special status species, bats and raptors and species of local sport and economic importance);
(C)
Wildlife habitat; and
(D)
Criminal activity (vandalism, theft, trespass, etc.). Include a plan and proposed actions to avoid, minimize or mitigate impacts.
(ix)
A dismantling and decommissioning plan of all components of the photovoltaic energy system, as provided in subsection (2)(e) of this section.
(x)
A socioeconomic impact assessment of the photovoltaic energy system, evaluating such factors as, but not limited to, the project's effects upon the social, economic, public service, cultural, visual, and recreational aspects of affected communities and/or individuals. These effects can be viewed as either positive or negative. The purpose of this information is to provide decision makers with information in order to maximize potential benefits and to mitigate outcomes that are viewed as problematic. The applicant may submit information provided by the Economic Development of Central Oregon or similar entity to meet this requirement.
(c)
Criteria. The following requirements and restrictions apply to the siting of a photovoltaic energy system facility:
(i)
Setbacks. No portion of the facility shall be within 100 feet of properties zoned residential use or designated on a comprehensive plan as residential. If the facility is located in a residential zone then this restriction does not apply to the lot or parcel that the facility is located on, or any adjacent property in common ownership. Structures shall not be constructed closer than 100 feet of an existing residence unless a written waiver is obtained from the landowner, which shall become a part of the deed to that property. New electrical transmission lines shall not be constructed closer than 500 feet to an existing residence without prior written approval of the owner, said written approval to be made a part of the deed to that property.
(ii)
A plan shall identify how the development and operation of the facility will, to the extent practicable, protect and preserve existing trees, vegetation, water resources, wildlife habitat and other significant natural resources.
(iii)
Ground Leveling. The proposed photovoltaic energy system shall be designed and constructed so that ground leveling is limited to those areas needed for effective solar energy collection and so that the natural ground contour is preserved to the greatest extent practical.
(iv)
Wildlife Resources. The proposed photovoltaic energy system shall be designed to reduce the likelihood of significant adverse effects on wildlife and wildlife habitat. Measures to reduce significant impact may include, but are not limited to, the following:
(A)
Designing foundations and support structures for solar equipment to avoid creation of artificial habitat or shelter for raptor prey.
(B)
Controlling weeds to avoid the creation of artificial habitat suitable for raptor prey.
(C)
Using anti-perching protection devices on transmission line support structures and appropriate spacing of conductors.
(D)
Avoiding construction activities near raptor nesting locations during sensitive breeding periods and using appropriate no construction buffers around known nest sites.
(E)
Using suitable methods such as coloration or sound producing devices to discourage birds from entering areas of concentrated solar energy.
(F)
Fencing as appropriate to limit access by people or wildlife.
(v)
A finding by the Energy Facility Siting Council that a proposed energy facility meets the Council's fish and wildlife habitat standard, OAR 345-022-0060, satisfies the requirements of subsection (2)(c)(iv) of this section.
(vi)
Misdirection of Solar Radiation. The proposed solar energy shall be designed and be operated to prevent the misdirection of solar radiation onto nearby property, public roads or other areas accessible to the public.
(vii)
Public Safety. The proposed photovoltaic energy system shall be designed and will be operated to protect public safety, including development and implementation of a plan of operating procedures to prevent public access to hazardous areas.
(viii)
Airport Proximity. The proposed photovoltaic energy system is not located adjacent to, or within, the control zone of any airport.
(ix)
Cleaning Chemicals and Solvents. During operation of the proposed solar energy project, all chemicals or solvents used to clean photovoltaic panels or heliostats should be low in volatile organic compounds and the operator should use recyclable or biodegradable products to the extent possible.
(x)
Private access roads established and controlled by the photovoltaic energy system shall be gated to protect the facility and property owners from illegal or unwarranted trespass, illegal dumping, and hunting.
(xi)
Where practicable the electrical cable collector system shall be installed underground, at a minimum depth of three feet; elsewhere the cable collector system shall be installed to prevent adverse impacts on agriculture operations.
(xii)
In EFU zones any required permanent maintenance/operations buildings shall be located off site in one of Crook County's appropriately zoned areas, except that such a building may be constructed on site if:
(A)
The building is designed and constructed generally consistent with the character of similar buildings used by commercial farmers or ranchers; and
(B)
The building will be removed or converted to farm use upon decommissioning of the photovoltaic energy system consistent with the provisions of subsection (2)(e) of this section.
(xiii)
If the photovoltaic energy system is located in or adjacent to an EFU zone, a covenant not to sue with regard to generally accepted farming practices shall be recorded with the county. "Generally accepted farming practices" shall be consistent with the definition of farming practices under ORS 30.930. The applicant shall covenant not to sue owners, operators, contractors, employees, or invitees of property zoned for farm use for generally accepted farming practices.
(xiv)
A road use agreement with Crook County regarding the impacts and mitigation on county roads during and after construction shall be required as a condition of approval.
(xv)
A plan for dismantling of uncompleted construction and/or decommissioning of the photovoltaic energy system shall be required. Contents of the plan are as set forth in subsection (2)(e) of this section.
(xvi)
An agreement and security in accordance with CCC § 17.40.080 and § 17.40.090 acceptable to the county shall be established to cover the cost of dismantling of uncompleted construction and/or decommissioning of the facility, and site rehabilitation; see subsection (2)(e) of this section. Upon approval of the planning commission, the agreement may allow that the security may be phased throughout the proposed project. If phasing is proposed the applicant shall submit a phasing schedule. For projects being sited by the state of Oregon's Energy Facility Siting Council (EFSC), the bond, letter of credit, or other form of security required by EFSC will be deemed to meet this requirement. For non-EFSC projects the EFSC requirements on bonds shall serve as a guideline for the amount of the bond or other financial mechanism required.
(xvii)
A summary of as built changes in the facility from the original plan, if any, shall be provided by the owner/operator.
(xviii)
Upon request of the county after the end of each calendar year the facility owner/operator shall provide Crook County an annual report including the following information:
(A)
A summary of changes to the facility that do not require facility requirement amendments.
(B)
A summary of the wildlife monitoring program – bird injuries, casualties, positive impacts on area wildlife and recommendations for changes in the monitoring program.
(C)
Employment impacts to the community and Crook County during and after construction.
(D)
Success or failure of weed control practices.
(E)
Status of the decommissioning bond or other financial mechanism.
(F)
Summary comments of any problems with the projects, any adjustments needed, or any suggestions.
(G)
The annual report requirement may be discontinued or required at a less frequent schedule by the county. The reporting requirement and/or reporting schedule shall be reviewed, and possibly altered, at the request of the facility owner/operator. For facilities under EFSC jurisdiction and for which an annual report is required, the annual report to EFSC satisfies this requirement.
(d)
Amendments. The photovoltaic energy system requirements shall be facility specific, but can be amended as long as the facility does not exceed the boundaries of the Crook County land use permit where the original facility was constructed. An amendment to the specific requirements of the land use permit shall be subject to the standards and procedures found in Chapter 18.170 CCC. Additionally, an amendment shall be required if the facility changes would:
(i)
Require an expansion of the established facility boundaries;
(ii)
Increase the footprint of the photovoltaic energy system by more than 20 percent;
(iii)
Increase generator output by more than 25 percent relative to the generation capacity authorized by the initial permit due to the repowering or upgrading of power generation capacity;
(iv)
Changes to any roads or access points to be established at or inside the project boundaries;
(v)
Notification by the facility owner/operator to the Crook County planning department of changes not requiring an amendment is encouraged, but not required. An amendment to a site certificate issued by EFSC will be governed by the rules for amendments established by EFSC.
(e)
Decommissioning. Plan elements shall include:
(i)
A plan for dismantling and/or decommissioning that provides for completion of dismantling or decommissioning of the facility without significant delay and protects public health, safety and the environment in compliance with the restoration requirements of this section.
(ii)
A description of actions the facility owner proposes to take to restore the site to a useful, nonhazardous condition, including options for post-dismantle or decommission land use, information on how impacts on wildlife populations and the environment would be minimized during the dismantling or decommissioning process, and measures to protect the public against risk or danger resulting from post-decommissioning site conditions in compliance with the requirements of this section.
(iii)
A current detailed cost estimate, a comparison of that estimate with present funds of the bond or other financial mechanism for dismantling or decommissioning, and a plan for assuring the availability of adequate funds for completion of dismantling or decommissioning. The cost estimate will be reviewed and be updated by the facility owner/operator on a five-year basis, unless material changes have been made in the overall facility that would materially increase these costs. If so, the report must be revised within 120 days of completion of such changes.
(iv)
Restoration of the site shall consist of the following:
(A)
Dismantling and removal of all photovoltaic energy system structures. Concrete pads shall be removed to a depth of at least four feet below the surface grade.
(B)
The underground collection and communication cables need not be removed if at a depth of three feet or greater. Cables at a depth of three feet or greater can be abandoned in place if they are deemed not a hazard or interfering with agricultural use or other consistent resource uses of the land.
(C)
Access roads in EFU zones shall be removed by removing gravel and restoring the surface grade and soil.
(D)
In EFU zones after removal of the structures and roads, the area shall be graded as close as is reasonably possible to a condition compatible with farm uses or consistent with other resource uses. Revegetation shall include planting by applicant of native plant seed mixes, planting by applicant of plant species suited to the area, or planting by landowner of agricultural crops, as appropriate, and shall be consistent with the weed control plan approved by Crook County.
(E)
Roads, fences, gates, and improvements may be left in place if a letter from the landowner is submitted to Crook County indicating said landowner will be responsible for and will maintain said roads and/or facilities for farm or other purposes as permitted under applicable zoning.
(v)
The facility owner/operator shall submit to Crook County an agreement and security in accordance with CCC § 17.40.080 and § 17.40.090, acceptable to the county in form and amount and naming Crook County as beneficiary, obligee, or payee.
(A)
The calculation of present year dollars shall be made using the U.S. Gross Domestic Product Implicit Price Deflator as published by the U.S. Department of Commerce's Bureau of Economic Analysis (hereinafter "the Index"), or any decommissioning standards established by a successor agency. The amount of the bond or other financial mechanism shall be increased at such time when the cumulative requirements in the Index exceed 10 percent from the last change. If at any time the Index is no longer published, Crook County and the applicant shall select a comparable calculation of present year dollars. The amount of the security shall be pro-rated within the year to the date of decommissioning.
(B)
The decommissioning security shall not be subject to revocation or reduction before both the decommissioning of the photovoltaic energy system and the rehabilitation of the site.
(C)
The facility owner/operator shall describe the status of the decommissioning security in the annual report submitted to Crook County, or upon request.
(D)
If any disputes arise between Crook County and the landowner on the expenditure of any proceeds from the required security, either party may request nonbinding arbitration. Each party shall appoint an arbitrator, with the two arbitrators choosing a third. The arbitration shall proceed according to the Oregon statutes governing arbitration. The cost of the arbitration (excluding attorney fees) shall be shared equally by the parties, or as the parties may otherwise agree among themselves.
(E)
For projects sited by EFSC, compliance with EFSC's financial assurance and decommissioning standards shall be deemed to be in compliance with the dismantling and decommissioning requirements of this section.
(F)
Crook County may impose additional clear and objective conditions in accordance with the Crook County comprehensive plan, county zoning code and state law, which Crook County considers necessary to protect the best interests of the surrounding area, or Crook County as a whole.
(G)
Prior to commencement of any decommissioning work, all necessary permits shall be obtained, e.g., Crook County land use permits, road access and other permits from the Crook County road master and the Oregon Department of Transportation; or other entities.
(Ord. 229 § 1 (Exh. A), 2010; Ord. 245 § 1, 2011; Ord. 296 § 12 (Exh. J), 2016)
§ 18.161.020 Notifications.
(1)
Preapplication Notification and Consultation Requirement. An application under this chapter must include evidence of consultation regarding the proposed facility with the following persons or agencies at least 60 days prior to the submission of an application to the county:
(a)
Oregon Department of Fish and Wildlife regarding potential impacts to fish and wildlife, their habitat, and expected suggested avoidance or mitigation recommendations;
(b)
U.S. Department of Defense and, if the facility is in the military overlay zone, consultation as required; and
(c)
Oregon State Historic Preservation Office.
(2)
Upon receipt of an application for a renewable energy facility, the county will prepare a notice with a description of the proposed facility and the subject lots or parcels; the dates, times and locations for public meetings and comment; and contact information for the applicant and planning director. In addition to any other requirements, the notice will be provided to the following persons:
(a)
The State Department of Fish and Wildlife;
(b)
The State Department of Energy;
(c)
The State Historic Preservation Officer;
(d)
The Oregon Department of Aviation;
(e)
The United States Department of Defense;
(f)
The city of Prineville; and
(g)
Tribes with an ancestral connection to lands within Crook County as informed by the Oregon Legislative Commission on Indian Affairs.
(Ord. 353 § 3 (Att. D), 2025)
