Any renewable energy project with a nameplate capacity of ten (10) megawatts or more is required to submit an application to the Elko County Planning and Zoning Division for a special use permit. (Ord. 2023-11, 8-16-2023)

   (A)   Before an application may be submitted, the Applicant must meet with the Senior Planner and Elko County Natural Resource director or equivalent to discuss the anticipated effects the project may have on the health, safety, and welfare of the surrounding community, as well as and anticipated effects on wildlife in the area of the project. County Staff will consult with NDOW and other agencies for input on proposed projects. If County Staff determines there is a risk of degradation to wildlife habitat the Applicant shall provide a report from an independent biologist either determining that there is no likelihood of significant impact on wildlife or providing a plan to avoid or mitigate the significant impact on wildlife. If it is determined that wildlife will not be significantly impacted by the project, no further action on the Applicant is necessary.

   (B)   If the Applicant disagrees with Elko County staff that the project will have a significant impact on the health, safety, and welfare of the public or wildlife in the area, the Applicant may appeal the issue to the Planning Commission. The Planning Commission determination shall be a final decision for the purposes of judicial review. (Ord. 2023-11, 8-16-2023)

   (A)   Each application must include the following information in the application for a special use permit:

      1.   The name of the applicant.

      2.   The purposed location for the renewable energy project.

      3.   The purposed plans for the project, including the general layout for the project.

      4.   A plan for reclamation of the land.

      5.   A plan to mitigate any environmental impacts of the project.

      6.   A plan to mitigate the significant impact to wildlife, if applicable as determined by the preliminary meeting.

      7.   A plan for the disposal of old equipment.

      8.   A plan to assure public access to public lands around the project.

      9.   Information regarding any soil sterilant that may be used to abate native and non-native plants.

      10.    A legal Description of the boundary of the project prepared by a Professional Land Survey licensed in the State of Nevada in good standing.

      11.   All required permits or licenses to operate the facility, as applicable. (Ord. 2023-11, 8-16-2023)

In deciding whether to approve or disapprove an application for a project, the Planning Commission shall consider the following criteria:

   (A)   The environmental impact of the project and any plans to mitigate those impacts.

   (B)   The impact of the project on wildlife and any plans to mitigate those impacts.

   (C)   The impact of the project on the welfare, safety, and health of the public.

   (D)   Whether the applicant complied with all the requirements of application and processes.

   (E)   The impact the project may have on access to public lands.

   (F)    The proximity of the project to public roads and highways.

   (G)   The proximity of the project to existing transmission lines and/or the need to develop further infrastructure to support the project. (Ord. 2023-11, 8-16-2023)

The Planning Commission shall review an application for a project within 65 days after receiving a competed application. (Ord. 2023-11, 8-16-2023)

An appeal from the Planning Commission’s decision shall be made pursuant to the provisions of NRS 278.26506. (Ord. 2023-11, 8-16-2023)