ZONING ORDINANCE - Stark County, North Dakota

2) Setbacks
The following setbacks and separation requirements shall apply to all wind
turbines in a wind energy facility.
a) Occupied Structures and Facilities: Each wind turbine shall be set
back from the nearest occupied dwelling, commercial building or
publicly-used structure or facility at a distance not less than two
thousand (2,000) feet.
b) Public Roads and Above Ground Communication and Electrical
Lines: Each wind turbine shall be set back from the nearest public
road or above ground communication and electrical lines at a distance
not less than two hundred (200) feet, determined from the center of
the existing right-of-way.
c) Wind Energy Facility Perimeter: Each wind turbine shall be set back
from the wind energy facility perimeter at a distance not less than two
and one-half (2.5) times the rotor diameter of the wind turbine. A
variance may be granted if an authorized representative or agent of
the permittee and those affected parties on adjoining properties with
associated wind rights signs a formal and legally-binding agreement
expressing all parties’ support for a variance that waives or reduces
the setback requirement.
6.19.6 Minimum Ground Clearance
The blade tip of any wind turbine shall, at its lowest point, have ground clearance
of no less than seventy-five (75) feet.
6.19.7 Restoration of Property
Within one hundred and eighty (180) days of termination or abandonment of leases
or easements for a wind energy facility in the county, the permittee shall, at its
expense, comply with the following decommissioning requirements:
Decommissioning and site restoration includes dismantling and removal of all
towers, turbine generators, transformers, and overhead cables; removal of
underground cables to a depth of twenty-four (24) inches; removal of foundations,
buildings and ancillary equipment to a depth of four (4) feet; and removal of surface
road material and restoration of the roads; and turbine sites to substantially the same
physical condition that existed immediately before construction of the commercial
wind energy conversion facility or wind turbine. The site must be restored and
reclaimed to the same general topography that existed prior to the beginning of the
construction of the wind energy conversion facility.
Within one hundred and eighty (180) days of termination or abandonment of leases
or easements for a wind energy facility in the county, the permittee shall cause, at
its own expense, removal of all structures to a depth of four feet below preconstruction
grade.
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