This subchapter is adopted pursuant to authority granted by 55 ILCS 5/5-12 Zoning and 55 ILCS 5/5-1063 Building Construction, Alteration, Maintenance.

(Ord. passed 5-16-2023)

   The purpose of this subchapter is to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of energy systems and to allow for the orderly development of land, protect property values, and esthetic conditions within the county.

(Ord. passed 5-16-2023)

   This subchapter applies to all unincorporated lands within the boundaries of the county.

(Ord. passed 5-16-2023)

   (A)   General provisions. It is the purpose of this section to regulate the siting and installation of wind energy equipment. The promotion of safe, effective, and efficient use of wind energy equipment will be balanced against the need to preserve and protect public health and safety.

   (B)   Types of wind energy systems.

      (1)   Small wind energy system. Small wind energy systems are permitted as an accessory use in AG-1, AG-2, SE-1, I-1, and I-2 Zoning Districts.

      (2)   Large wind energy system. Large wind energy systems are allowed as a special use permit in AG-1, AG-2, SE-1, I-1, and I-2 Zoning Districts.

      (3)   Commercial wind energy facility. A commercial wind energy facility is permitted as a special use in the Agricultural, SE-1, and Industrial Zoning Districts and shall meet the requirements set forth in division (D) below.

   (C)   Special use permit application requirements for a wind energy system.

      (1)   An approved site plan with existing and proposed conditions.

      (2)   A report that indicates that the project will operate in compliance with sound limitations established by the State Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.

      (3)   An ECOCAT report from the State Department of Natural Resources which includes the results and recommendations of their examination and a plan for executing any and all recommendations, including a plan demonstrating the avoidance of protected lands as identified by the State Department of Natural Resources and the State Preserve Commission and compliance with recommend setbacks from protected lands recommended by the State Department of Natural Resources, including areas identified by the State Nature Preserve Commission.

      (4)   The results of the United States Fish and Wildlife Service’s information for planning and consulting environmental review or a comparable successor tool that is consistent with the U.S. Fish and Wildlife Service’s Land-based Wind Energy Guidelines and any applicable United States Fish and Wildlife Service wind wildlife guidelines that have been subject to public review.

      (5)   An executed agricultural impact mitigation agreement (AIMA) with the State Department of Agriculture. Exception: Not required for a small wind energy system for on-site use.

      (6)   Evidence of consultation with the State Historic Preservation Office and an assessment of potential impacts on state-registered historic sites under the State Agency Historic Resource Preservation Act.

      (7)   (a)   A plan for the decommissioning of the facility when it becomes obsolete shall accompany the application. This plan shall be in compliance with the standards and requirements set forth in the State Department of Agriculture’s standard wind farm agricultural impact mitigation agreement (AIMA), version 8.18.18 or its successor and identical to the facilities in the AIMA executed with the State Department of Agriculture.

         (b)   A bond in the amount identified in the decommissioning plan minus the salvage value shall be filed with the County Zoning and Building Safety Department showing the county as the beneficiary prior to the issuance of a building permit for the project. This bond shall be updated at intervals as prescribed in the AIMA.

      (8)   The results of an industry standard computer modeling program that indicates that any occupied community building or non-participating residence will not experience more than 30 hours per calendar year of shadow flicker under planned operating conditions.

      (9)   Proof of compliance with all federal, state, and other applicable requirements.

      (10)   (a)   All commercial wind energy facility applications shall be accompanied by a preliminary map and plan showing the roads and rights-of-way that will be utilized by the commercial wind energy facility.

         (b)   Prior to the issuance of the special use building permit, the wind applicant shall submit an executed agreement between the commercial wind energy facility owner/operator and all road district authorities with infrastructure affected by the commercial wind energy facility to the county.

      (11)   It is the responsibility of the wind applicant to coordinate with the local fire protection district. The wind applicant shall submit with the application an approval letter from the local fire protection district.

   (D)   Development standards for a small wind energy system.

      (1)   Installation. All noncommercial wind energy systems shall be installed per the manufacturer’s standards. The standards must include compliance with all of the county’s officially adopted codes.

      (2)   Height. The maximum height must be compliant with FAA standards.

      (3)   Setbacks.

         (a)   A small wind energy system shall be located 1.1 times total tower height or more from an occupied structure on adjoining property and 80% total tower height or more from occupied structure on subject property measured from wind tower base.

         (b)   A small wind system must be set back from all property lines of the parcel on which it is located and from any right-of-way a distance 1.1 times total tower height measured from wind tower base.

      (4)   Lighting. Lighting for towers shall be constructed only in accordance with the minimum requirements and standards allowed through the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.

      (5)   Color. Towers and blades shall be painted a non-reflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible.

   (E)   Development standards for a commercial wind energy facility.

      (1)   Design safety certification. The safety of the design of all commercial wind energy facilities shall be certified by a licensed professional engineer. The standard for certification shall be good engineering practices and shall conform to all the county’s officially adopted codes.

      (2)   Controls and brakes.

         (a)   All commercial wind energy facility projects shall be equipped with Manual and Automatic Controls and mechanical brakes to limit rotation of blades to a speed below the designed limits of a WECS.

         (b)   For purposes of this section, MANUAL AND AUTOMATIC CONTROLS mean controls which give protection to power grids and limit rotation of a WECS’ blades to below the designed limits of the conversion system.

         (c)   The professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer’s or the authorized factory representative’s statement of certification.

      (3)   Height. The blade tip height for wind towers in commercial wind energy facilities shall be determined by a “determination of no hazard to air navigation” by the Federal Aviation Administration under 14 C.F.R. part 77.

      (4)   Minimum lot size. There is no minimum lot size for commercial wind energy facilities, providing that all setbacks and other requirements of this subchapter are met.

      (5)   Setbacks.

         (a)   All setback distances for commercial wind energy facilities shall be measured from the center of the base of the wind tower. The following setback requirements may be waived subject to the written consent of the owner of each affected non-participating property.

            1.   Occupied community building. Minimum 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall.

            2.   Participating residences. Minimum 1.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall.

            3.   Non-participating residences. Minimum 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall.

            4.   Boundary lines of participating property. None.

            5.   Boundary lines of non-participating property. Minimum 1.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of the non-participating property.

            6.   Public road rights-of-way. Minimum 1.1 times the maximum blade tip height of the wind tower to the center point of the public road right-of-way.

            7.   Overhead communication and electric transmission/distribution facilities (not including overhead utility service lines to individual homes or outbuildings). Minimum 1.1 times the maximum blade tip height of the wind tower to the nearest edge of the property line, easement, or right-of-way containing the overhead line.

            8.   Overhead utility service to individual homes out outbuildings. None.

            9.   Fish and wildlife areas and state nature preserve protected lands. There shall be 2.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of the fish and wildlife area or protected area.

         (b)   This division (E)(5) does not exempt or excuse compliance with electric facility clearances approved or required by the National Electrical Code, the National Electrical Safety Code, State Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors.

      (6)   Vegetative screening and fencing. Vegetative screening and fencing may be added, as a condition for the special use, around the perimeter of any supporting facilities used for storage, maintenance, parking, or staging. Fences shall be a minimum of six feet in height and shall be constructed of a type suitable for security purposes. Vegetative screening may be added, as a condition of the special use, along the outside perimeter of the fence at a suitable height and density to minimize the view of the facility from non-participating properties and public rights-of-way. Earthen berms or similar structures shall not be required.

      (7)   Lighting. As required by the Federal Aviation Administration. Required lighting must comply with FAA minimum requirements and, whenever possible, be at the lowest intensity allowed using red lights at night. If more than one lighting alternative is available, the alternative that causes the least visual disturbance must be used.

      (8)   Stormwater management. The project shall meet all requirements of Chapter 152 of this code of ordinances. A grading and drainage permit shall be obtained prior to any grading activities.

      (9)   Drainage systems. Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy facility is authorized by the state to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district under the State Drainage Code without obtaining prior agreement or approval from the drainage district. The facility owner shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial wind energy facility within a reasonable time after construction of the commercial wind energy facility is complete.

      (10)   Utility notification. Unless the wind applicant is a public utility, no building permit to construct a wind farm shall be issued until evidence has been provided to the office of Zoning and Building Safety that the applicant has entered into an off take agreement or has registered with the Regional Transmission Operator to sell power on a merchant basis.

      (11)   Materials handling, storage, and disposal.

         (a)   All solid wastes related to the construction, operation, and maintenance of the wind energy system shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.

         (b)   All hazardous materials related to the construction, operation, and maintenance of the wind energy system shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.

      (12)   Points of contact. The commercial wind energy facility owner/operator shall maintain with the County Office of Zoning and Building Safety and Sheriff’s Department a primary and two secondary points of contact. Any changes shall be reported immediately or as soon as possible.

      (13)   Liability insurance and indemnification.

         (a)   Commencing with the issuance of a WECS building permit, the wind applicant shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death, and illness, and property damage with limits of at least $5,000,000 per occurrence and in the aggregate; and shall further maintain the above-stated lines of insurance from delivery of the notice to proceed by the wind applicant under the turbine supply and/or balance of plant construction contract(s) for the WECS project, in coverage amounts of at least $5,000,000 per occurrence and $20,000,000 in the aggregate during the life of the WECS project. The wind applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a WECS building permit, corresponding policies, and endorsements to be provided within 60 days of issuance, and at each subsequent renewal, at least annually thereafter.

         (b)   The wind applicant (WECS permittee) shall defend, indemnify, and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers, and agents (collectively and individually, the indemnified parties) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorney’s fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance, and removal of the WECS and affiliated equipment including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including, without limitation, strict liability or negligence) or any acts or omissions of the wind applicant (WECS permitee), the owner or the operator under this subchapter, or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities arise from the negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the county’s other indemnification rights available under the law.

      (14)   Use of public roads.

         (a)   An wind applicant proposing to use any county, municipality, township, or village road(s), for the purpose of transporting WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS(s) or substation(s), shall:

            1.   Identify all such public roads; and

            2.   Obtain applicable weight and size permits from relevant government agencies prior to construction.

         (b)   To the extent an wind applicant must obtain a weight or size permit from the county, municipality, township, or village, the wind applicant shall:

            1.   Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage;

            2.   Any proposed public roads that will be used for construction purposes shall be identified and approved in writing by the respective Road District Commissioner and the County Engineer prior to the granting of the special use permit. Traffic for construction purposes shall be limited to these roads. All overweight and/or oversized loads to be transported on public roads may require a permit from the respective highway authority. Any road damage caused by the transport of the facility’s equipment, the installation, maintenance, or removal must be completely repaired to the reasonable satisfaction of the Road District Commissioner and the County Engineer. The Road District Commissioner and County Engineer may choose to require either remediation of road repair upon completion of the WECS project or are authorized to collect fees for overweight and/or oversized load permits. Further, financial assurance in an amount to be fixed by the Road District Commissioner to ensure the road district or the county that future repairs are completed to their reasonable satisfaction shall be provided. The wind applicant shall submit a draft form of said financial assurance with the application for special use permit; and

            3.   Enter into a road use agreement with the county and each affected road district that includes the following provisions, at a minimum:

               a.   Project layout map;

               b.   Transportation impact analysis;

               c.   Pre-construction plans;

               d.   Project traffic map;

               e.   Project scope of repairs;

               f.   Post-construction repairs;

               g.   Insurance; and

               h.   Financial security in forms and amounts acceptable to the county. The road use agreement shall require the wind applicant to be responsible for the reasonable cost of improving roads used to construct WECS and the reasonable cost of repairing roads used by the facility owner during construction of the WECS so that those roads are in a condition that is safe for the driving public after the completion of the WECS construction. Roadways improved in preparation for and during the construction of the WECS shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.

         (c)   All repairs and improvements to county public roads and roadway appurtenances shall be subject to the prior approval of the county before being made and shall also be subject to inspection and acceptance by the county after such repairs and improvements are completed. The county’s road use agreement, and any further agreements contemplated therein, regarding the maintenance and repair of county public roads and highways, must be approved by the County Board prior to the Board’s approval of any WECS building permit applications related to the construction of the proposed WECS project

(Ord. passed 5-16-2023)

   (A)   General provisions. It is the purpose of this section to regulate the siting and installation of solar energy equipment. The promotion of safe, effective, and efficient use of solar energy equipment will be balanced against the need to preserve and protect public health and safety.

   (B)   Types of solar energy systems.

      (1)   Solar private. Solar private is a permitted accessory use in any zoning district and must abide by the bulk regulations, density, and dimensional standards of the underlying zoning district in which it is located. See requirements set for in § 154.039.

      (2)   Commercial solar energy facility. A commercial solar energy facility is permitted as a special use in the Agricultural, Suburban Estates, and Industrial Zoning Districts and shall meet the requirements set forth in division (D) below.

   (C)   Special use permit application requirements for a commercial solar energy facility.

      (1)   An approved site plan with existing and proposed conditions.

      (2)   A report that indicates that the project will operate in compliance with sound limitations established by the State Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.

      (3)   An ECOCAT report from the State Department of Natural Resources which includes the results and recommendations of their examination and a plan for executing any and all recommendations, including a plan demonstrating the avoidance of protected lands as identified by the State Department of Natural Resources and the State Preserve Commission and compliance with recommend setbacks from protected lands recommended by the State Department of Natural Resources, including areas identified by the State Nature Preserve Commission.

      (4)   The results of the United States Fish and Wildlife Service’s information for planning and consulting environmental review or a comparable successor tool that is consistent with the U.S. Fish and Wildlife Service’s Land-based Wind Energy Guidelines and any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review.

      (5)   An executed agricultural impact mitigation agreement (AIMA) with the State Department of Agriculture.

      (6)   Evidence of consultation with the State Historic Preservation Office and an assessment of potential impacts on state-registered historic sites under the State Agency Historic Resource Preservation Act.

      (7)   (a)   A plan for the decommissioning of the facility when it becomes obsolete shall accompany the application. This plan shall be in compliance with the standards and requirements set forth in the State Department of Agriculture’s standard solar farm agricultural impact mitigation agreement (AIMA), version 8.19.19 or its successor and identical to the facilities in the AIMA executed with the State Department of Agriculture.

         (b)   A bond in the amount identified in the decommissioning plan minus the salvage value shall be filed with the County Zoning and Building Safety Department showing the county as the beneficiary prior to the issuance of a building permit for the project. This bond shall be updated at intervals as prescribed in the AIMA

      (8)   Proof of compliance with all federal, state, and other applicable requirements.

      (9)   All commercial solar energy facility applications shall be accompanied by a preliminary map and plan showing the roads and rights-of-way that will be utilized by the commercial solar energy facility. Prior to the issuance of the special use building permit, the solar applicant shall submit an executed agreement between the commercial solar energy facility owner/operator and all road district authorities with infrastructure affected by the commercial solar energy facility to the county.

      (10)   It is the responsibility of the solar applicant to coordinate with the local fire protection district. The solar applicant shall submit with the application an approval letter from the local fire protection district.

   (D)   Development standards for a commercial solar energy facility.

      (1)   Height. No component of a solar panel may have a height of more than 20 feet above ground when the solar energy facility’s array at full tilt. These requirements may be waived subject to written consent of the owner of each affected non-participating property.

      (2)   Setbacks. All setback distances for commercial solar energy facility shall be measured from the nearest edge of any component of the facility. The following setback requirements may be waived subject to the written consent of the owner of each affected non-participating property. Setbacks to not apply to fencing.

         (a)   Commercial solar energy facilities shall be setback a minimum distance of 150 feet from the nearest point on the outside wall of the structure of an occupied community building or a dwelling on non-participating property.

         (b)   Commercial solar energy facilities shall have a zero setback from the boundary line of participating property.

         (c)   Commercial solar energy facilities shall have a 50-foot setback from the nearest edge of a public road right-of-way.

         (d)   A commercial solar energy facilities shall be setback a minimum of 50 feet from the nearest point on the property line of any non-participating property.

      (3)   Fencing. A commercial solar energy facilities entire perimeter shall be enclosed by a fence constructed of a type suitable for security purposes. The fence must be a minimum of six feet high but no more than 25 feet in height.

      (4)   Screening. Vegetative screening provided along the outside perimeter of the fence at a suitable height and density to minimize the view of the facility from non-participating residential properties and public rights-of-way may be added as a condition of the special use. Earthen berms or similar structures shall not be required.

      (5)   Lighting. Lighting shall be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting shall be shielded so that no glare extends substantially beyond the boundaries of the property upon which the solar farm is located and meets the §§ 154.570 through 154.575.

      (6)   Stormwater management. The project shall meet all requirements of the Chapter 152 of this code of ordinances. A grading and drainage permit shall be obtained prior to any grading activities.

      (7)   Ground cover. Vegetative ground cover must be established on all commercial solar energy facilities. A plan that is consistent with the goals of the Pollinator-Friendly Solar Site Act and a vegetation management plan shall be required to accompany an application for a special use permit for the establishment of a commercial solar energy facility. The vegetation management plan must be consistent with the guidelines developed by the State Department of Natural Resources for these types of plans which must include both short-term and long-term property management practices that provide and maintain native and non-native invasive naturalized perennial vegetation to protect the health and wellbeing of pollinators. Alternative ground cover allowing for the use of the land under or adjacent to the panels to be used for agriculture may be permitted.

      (8)   Drainage systems. Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial solar energy facility is authorized by the state to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district under the State Drainage Code without obtaining prior agreement or approval from the drainage district. The facility owner shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial solar energy facility within a reasonable time after construction of the commercial solar energy facility is complete.

      (9)   Utility notification. Unless the solar applicant is a public utility, no building permit to construct a solar farm shall be issued until evidence has been provided to the Office of Zoning and Building Safety that the solar applicant has entered into an off take agreement or has registered with the regional transmission operator to sell power on a merchant basis.

      (10)   Materials handling, storage, and disposal.

         (a)   All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.

         (b)   All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.

      (11)   Points of contact. The commercial solar energy facility owner/operator shall maintain with the County Office of Zoning and Building Safety and Sheriff's Department a primary and two secondary points of contact. Any changes shall be reported immediately or as soon as possible.

      (12)   Warnings.

         (a)   A reasonable visible warning sign concerning voltage must be placed at the base of all padmounted transformers and substations.

         (b)   Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.

      (13)   Compliance with additional regulations. Nothing in this subchapter is intended to preempt other applicable state and federal laws and regulations.

      (14)   Liability insurance and indemnification.

         (a)   Commencing with the issuance of a commercial solar energy facility building permit, the solar applicant shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death, and illness, and property damage with limits of at least $5,000,000 per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the notice to proceed by the solar applicant for the commercial solar energy facility, in coverage amounts of at least $5,000,000 per occurrence and $20,000,000 in the aggregate during the life of the commercial solar energy facility. The solar applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a commercial solar energy facility building permit, corresponding policies, and endorsements to be provided within 60 days of issuance, and at each subsequent renewal, at least annually thereafter.

         (b)   The solar applicant shall defend, indemnify, and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the indemnified parties) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney’s fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance, and removal of the commercial solar energy facility including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including, without limitation, strict liability or negligence) or any acts or omissions of the solar applicant, the owner or the operator under this subchapter or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities arise from the negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the county’s other indemnification rights available under the law.

      (15)   Remedies. The solar applicant’s failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the project, and/or failure to comply with any law or regulation shall be a default and shall be grounds for revocation of the special use permit by the County Board.

(Ord. passed 5-16-2023)

   A BESS may be included with a special use permit for a commercial solar energy facilities and wind energy facilities; or when stand-alone, it will require an individual special use. All BESSs shall comply with the following requirements.

   (A)   Development standards.

      (1)   Setbacks.

         (a)   A BESS shall be setback a minimum distance of 150 feet from the nearest point on the outside wall of the structure of an occupied community building or a dwelling on non-participating property.

         (b)   A BESS shall have a zero setback from the boundary line of participating property.

         (c)   A BESS shall have a 50-foot setback from the nearest edge of a public road right-of-way.

         (d)   BESSs shall be setback a minimum of 50 feet from the nearest point on the property line of any non-participating property.

      (2)   Lighting. Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining properties and the public roads.

      (3)   Vegetative screening and fencing.

         (a)   Vegetative screening and fencing may be added, as a condition for the special use, around the perimeter of the BESS. Fences shall be a minimum of six feet in height and shall be constructed of a type suitable for security purposes.

         (b)   Vegetative screening may be added, as a condition of the special use, along the outside perimeter of the fence at a suitable height and density to minimize the view of the facility from non-participating properties and public rights-of-way.

      (4)   Decommissioning.

         (a)   If the BESS is included with or amended to a special use for a commercial solar energy facility or commercial wind energy facility, the decommissioning costs shall follow the decommissioning/bonding requirements for those facilities.

         (b)   If the BESS is an independent special use, a decommissioning plan and engineer’s estimate shall be provided.

         (c)   1.   The BESS owner/operator shall provide sufficient security for decommissioning of the facility prior to issuance of the building permit.

            2.   The decommissioning cost shall be approved by the county, considering the engineer’s estimate.

      (5)   Applicant.

         (a)   The battery energy applicant shall defend, indemnify, and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers, and agents (collectively and individually, the indemnified parties) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorney’s fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance, and removal of the battery energy storage system (BESS) including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including, without limitation, strict liability or negligence) or any acts or omissions of the battery energy applicant, the owner or the operator under this subchapter or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities arise from the negligence or intentional acts of such indemnified parties.

         (b)   This general indemnification shall not be construed as limiting or qualifying the county's other indemnification rights available under the law

(Ord. passed 5-16-2023)

   It is unlawful for any person to construct, install, maintain, modify, or operate an energy system that is not in compliance with this subchapter or with any condition contained in a special use or building permit issued pursuant to this subchapter.

(Ord. passed 5-16-2023) Penalty, see § 154.999

   (A)   This subchapter shall be administered by the Code Administrator.

   (B)   The Code Administrator may enter any property for which a special use or building permit has been issued under this subchapter to conduct an inspection to determine whether the conditions stated in the permit have been met as specified by statute, ordinance, and code.

(Ord. passed 5-16-2023)