§ 14.7. Operation.

14.7-1

Maintenance.

a.

The owner and operator shall operate, repair, maintain and replace the WECS as needed to keep the WECS in good repair and operating condition and in a manner that protects individuals from harm. The owner shall secure financial assurance, and provide evidence of the same in the application, in a sufficient amount for the purpose of providing for anticipated repairs, maintenance and replacements of the WECS. The village reserves the right to determine performance adequacy and the adequacy of financial assurance.

b.

The owner or operator of the WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the village. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the village reasonably requests.

c.

Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under this article. Like-kind replacements shall not require re-certification. Prior to making any physical modification (other than like-kind replacements) the owner or operator shall confer with the village and a third-party certifying entity identified in this article to determine whether the physical modification requires re-certification.

14.7-2

Interference.

a.

The WECS shall be sited and operated so that there is no interference with microwave transmissions, the communications of local emergency service providers, or any television, telephone (cellular or digital), paging, internet, satellite dish, broadcast radio frequency or other residential or commercial communication modes. The owner and operator shall be responsible for the full cost of any remediation necessary to provide equivalent alternate service or correct any problems.

b.

The applicant shall provide the applicable microwave transmission providers and local emergency service providers (e.g., 911 operators) copies of the project summary and site plan, as set forth in this article. The applicant shall provide evidence that any potential interference has been resolved to the satisfaction of the providers. If, after construction of the WECS, the owner or operator receives a written complaint related to the above-mentioned interference, the owner or operator shall take reasonable steps to resolve the complaint and any problems. In connection therewith, the owner and operator shall investigate all complaints within 30 days of receipt and resolve the same within an additional 30 days. The owner and operator shall provide the village written notice regarding the same.

c.

If, after construction of the WECS, the owner or operator receives a written complaint related to interferences with any television, telephone (cellular or digital), paging, internet, satellite dish, broadcast radio frequency or other residential or commercial communication modes, the owner or operator shall take reasonable steps to resolve the complaint and any problems. In connection therewith, the owner and operator shall investigate all complaints within 30 days of receipt and resolve the same within an additional 30 days. The owner and operator shall provide the village written notice regarding the same.

14.7-3

Coordination with local fire departments.

a.

The applicant, owner or operator shall submit to the local fire department a copy of the project summary and site plan.

b.

Upon request by the local fire department, the owner or operator shall cooperate with the fire department to develop the fire department's emergency response plan.

c.

The village may require payment by the owner for any special tools, equipment or training that is necessary for a fire department emergency response.

d.

The applicant shall provide the village evidence that the matters described in subsections [14.7-3]a through c [of this section] have been disclosed to and addressed with the fire department.

e.

Nothing in this subsection shall alleviate the need to comply with all other applicable fire laws and regulations or any other requirements of the local fire department.

14.7-4.

Materials, handling, storage and disposal.

a.

It shall be the responsibility of the owner and operator to remove from the site promptly all solid wastes related to the construction, operation, maintenance and decommissioning of the WECS and to dispose of the same in accordance with all applicable local, state and federal laws.

b.

It shall be the responsibility of the owner and operator to handle, store, transport and dispose of all hazardous materials related to the construction, operation, maintenance and decommissioning of the WECS in accordance with all applicable local, state and federal laws.

14.7-5

Emergency situations. The owner and operator shall be required to immediately cease operations for the duration of any emergency. An emergency shall mean a proven condition or situation caused by the WECS or by other conditions that present an imminent physical threat of danger to life or significant threat of damage to property. A WECS that is found to present an emergency shall be immediately shut down and repaired or otherwise made safe and certified as such by a professional engineer (acceptable to the village) prior to resumption of operation. The village may access the WECS to verify conditions and/or repair progress. Within 24 hours of the occurrence of an emergency, including any WECS tower collapse, turbine failure, property damage, fire, thrown blade or hub, collector or feeder line failure, injured WECS worker or private person, the owner or operator shall notify the village of such occurrence and proposed remedial action. Remedial action may include, but shall not be limited to, the posting of financial assurance satisfactory to the village for the purpose of responding to future emergencies.

(Ord. No. 02-6-12, § 1(exh. B, § 14.7), 2-6-2012)