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ZONING ORDINANCE - Stark County, North Dakota

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6.19.3 Public Hearings<br />

e) Copies or signed summaries of all leases and easements for wind<br />

turbines and associated equipment and infrastructure to be sited<br />

within the county and copies of any written agreements between the<br />

applicant and affected parties holding associated wind rights on<br />

adjoining properties.<br />

Upon receipt of the application, the Planning and Zoning Commission along with<br />

any experts it may retain, shall review the permit application and, in its discretion,<br />

may hold a public hearing on the application within no more than forty-five (45)<br />

days from receipt of the application, providing at least fifteen (15) day notice prior to<br />

the hearing in the official newspaper of the county and mailing written notice to<br />

property owners within five hundred (500) feet of the proposed wind energy facility<br />

perimeter.<br />

If the Planning and Zoning Commission finds that the applicant for the Wind Energy<br />

Facility Siting Permit has satisfied all applicable requirements, it shall recommend<br />

approval by the Commission. The Commission must approve, approve with<br />

conditions, or deny the application within sixty (60) days of the date of the<br />

submission of the application, or, when held, the date of the public hearing.<br />

6.19.4 Demonstration of Compliance<br />

A Wind Energy Facility Siting Permit issued pursuant to Section 6.19.2 shall be<br />

contingent upon the applicant’s final demonstration of compliance with the<br />

requirements of the permit following completion of construction of the wind energy<br />

facility. Within 90 (ninety) days of wind energy facility construction, the permittee<br />

shall submit to the Planning and Zoning Commission an updated and final USGS<br />

topographical map, or survey if available, providing all information pursuant to<br />

Section 6.19.2 and demonstrating actual compliance with the requirements and<br />

conditions of the permit.<br />

6.19.5 General Requirements for Wind Energy Facilities<br />

1) Appearance, Lighting, Facility Footprint, Agricultural Operations, Roads and<br />

Power Lines<br />

a) Wind turbines shall be painted a non-reflective,<br />

non-obtrusive color.<br />

b) Wind turbines shall not be used for displaying any advertising except<br />

for reasonable identification of the manufacturer or operator of the<br />

wind energy facility.<br />

c) Each wind turbine shall be marked with a visible identification<br />

number to assist with provision of emergency services, and a<br />

permittee shall file with local fire departments, law enforcement and<br />

58

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