Document Pahrump_doc_16a4f6ffc8

Page 1 of 33 DRAFT BILL NO. 2024-03__ NYE COUNTY ORDINANCE NO. SUMMARY: A Bill proposing to Repeal Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, Chapter 17.10 entitled “Special Use Permits; Aboveground Utility Projects” and Replacing with Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, Chapter 17.10 entitled “Special Use Permits”; 17.10.010 Purpose And Intent; 17.10.20 Permit For Construction Of An Aboveground Utility Project Located In A Master Plan Designated Utility Corridor; 17.30 Special Use Permit For Renewable Energy Generation Facility, Aboveground Transmission Lines (Not Located Within An Established Utility Corridor), Battery Energy Storage, Electrical Substation And Gen-Tie Connections; 17.04.040 Requirement To Obtain A Special Use Permit; 17.10.045 Solar Energy Projects; 17.10.050 Application Of Ordinance; 17.10.060 Definitions; 17.10.070 Energy Conservation System Distinctions; 17.10.080 Designation Of Use In Districts In The Pahrump Regional Planning District 17.10.090 Approval Process; 17.10.100 Preliminary Development Plan Approval; 17.10.110 Final Development Plan Approval; 17.10.120 Building Permits And Commencement Of Construction; 17.10.130 Construction Standard; 17.10.140 Development Standards; 17.10.050 Setbacks And Height Restrictions; 17.10.160 Post-Construction And Continued Maintenance; 17.10.170 Post Construction Modifications; 17.10.180 No Preemption; 17.10.200 Wind Energy Projects; 17.10.210 Application Of Ordinance; 17.10.220 Definitions; 17.10.230 Energy Conversion System Distinctions; 17.10.240 Designation Of Use In Districts In The Pahrump Regional Planning District 17.10.250 Approval Process; 17.10.260 Preliminary Development Plan Approval; 17.10.270 Final Development Plan Approval; 17.10.280 Building Permits And Commencement Of Construction; 17.10.290 Construction Standards; 17.10.300 Development Standards; 17.10.310 Setbacks And Height Restrictions; 17.10.320 Post- Construction And Continued Maintenance; 17.10.330 Post-Construction Modifications; 17.10.340 No Preemption; 17.10.350 Enforcement And Penalties; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto. TITLE: A BILL PROPOSING TO REPEAL NYE COUNTY CODE TITLE 17, COMPREHENSIVE LAND USE PLANNING AND ZONING, CHAPTER 17.10 ENTITLED “SPECIAL USE PERMITS; ABOVEGROUND UTILITY PROJECTS” AND REPLACING WITH NYE COUNTY CODE TITLE 17, COMPREHENSIVE LAND USE PLANNING AND ZONING, CHAPTER 17.10 ENTITLED “SPECIAL USE PERMITS”; 17.10.010 PURPOSE AND INTENT; 17.10.20 PERMIT FOR CONSTRUCTION OF AN ABOVEGROUND UTILITY PROJECT LOCATED IN A MASTER PLAN DESIGNATED UTILITY CORRIDOR; 17.30 SPECIAL USE PERMIT FOR RENEWABLE ENERGY GENERATION FACILITY, ABOVEGROUND TRANSMISSION LINES (NOT LOCATED WITHIN AN ESTABLISHED UTILITY CORRIDOR), BATTERY ENERGY STORAGE, ELECTRICAL SUBSTATION AND GEN-TIE CONNECTIONS; 17.04.040 REQUIREMENT TO OBTAIN A SPECIAL USE PERMIT; 17.10.045 SOLAR ENERGY PROJECTS; 17.10.050 APPLICATION OF ORDINANCE; 17.10.060 DEFINITIONS; 17.10.070 ENERGY CONSERVATION SYSTEM DISTINCTIONS; 17.10.080 DESIGNATION OF USE IN DISTRICTS IN THE PAHRUMP REGIONAL PLANNING DISTRICT 17.10.090 APPROVAL PROCESS; 17.10.100 PRELIMINARY DEVELOPMENT PLAN APPROVAL; 17.10.110 FINAL DEVELOPMENT PLAN APPROVAL; 17.10.120 BUILDING PERMITS AND COMMENCEMENT OF CONSTRUCTION; 17.10.130 CONSTRUCTION STANDARD; 17.10.140 DEVELOPMENT STANDARDS; 17.10.050 SETBACKS AND HEIGHT RESTRICTIONS; 17.10.160 POST-CONSTRUCTION AND CONTINUED MAINTENANCE; 17.10.170 POST CONSTRUCTION MODIFICATIONS; 17.10.180 NO PREEMPTION; 17.10.200 WIND ENERGY PROJECTS; 17.10.210 APPLICATION OF ORDINANCE; 17.10.220 DEFINITIONS; 17.10.230 ENERGY CONVERSION SYSTEM DISTINCTIONS; 17.10.240 DESIGNATION OF USE IN DISTRICTS IN THE PAHRUMP REGIONAL PLANNING DISTRICT 17.10.250 APPROVAL PROCESS; 17.10.260 PRELIMINARY DEVELOPMENT PLAN APPROVAL; 17.10.270 FINAL DEVELOPMENT PLAN APPROVAL; 17.10.280 BUILDING PERMITS AND COMMENCEMENT OF CONSTRUCTION; 17.10.290 PPLAC ITEM #9 ---PAGE BREAK--- Page 2 of 33 CONSTRUCTION STANDARDS; 17.10.300 DEVELOPMENT STANDARDS; 17.10.310 SETBACKS AND HEIGHT RESTRICTIONS; 17.10.320 POST-CONSTRUCTION AND CONTINUED MAINTENANCE; 17.10.330 POST-CONSTRUCTION MODIFICATIONS; 17.10.340 NO PREEMPTION; 17.10.350 ENFORCEMENT AND PENALTIES; AND PROVIDING FOR THE SEVERABILITY, CONSTITUTIONALITY, AND EFFECTIVE DATE THEREOF; AND OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to NRS 244.119, the Nye Board of County Commissioners (Board) is authorized to amend the Nye County Code; and WHEREAS, pursuant to NRS 278.020, for the purpose of promoting the health, safety, and the general welfare of the residents of Nye County, the Board of County Commissioners is authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures; and WHEREAS, the generation of electricity from wind, storage and solar resources must be practicality located where sufficient wind and solar resources exist; WHEREAS, wind, storage and solar energy projects may be undertaken in differing sizes ranging from large scale projects intending to deliver wholesale electricity to the grid (commercial), to smaller installations on one or more contiguous parcels and intended to deliver electricity for use onsite (non-commercial), to installations on a single parcel designed to generate supplemental electricity, for use or credit, for the parcel on which it is sited (private); WHEREAS, the size of the generation project and intended use of the electricity generated results in differing burdens and/or benefits on Nye County and thus require differing approval and permitting; WHEREAS, development of wind energy projects and solar energy projects may result in substantial economic investment in Nye County to the benefit of Nye County and its residents through lease payments, tax payments, licensing fees and temporary and permanent employment opportunities; WHEREAS, construction of a commercial scale wind energy or solar energy project involves the use of heavy equipment and the transport of heavy loads that have the potential of damaging public and private infrastructure of Nye County, including roads, bridges, and drainage structures and for disruption on public roads; WHEREAS, the failure to complete a commercial wind or solar project after the commencement of construction, the failure to continue in operation, and/or the failure to remove the wind energy or solar energy facility after the end of its useful life create significant risks of damage to the value of the property of adjacent landowners, the environment, and the safety and security of persons in Nye County; WHEREAS, the adoption of an ordinance regulating the location, construction, and operation of wind and solar projects is necessary and appropriate to achieve and secure the benefits of these projects and to avoid and/or minimize the risks, dangers, and inconvenience to health, safety, and general welfare of Nye County; WHEREAS, the adoption of the following wind energy and solar energy ordinance is necessary to achieve the goals set forth in the Comprehensive Plan for Nye County; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Nye County that the following standards are required for the approval and permitting of a solar and wind energy project in Nye County, Nevada. NYE COUNTY CODE TITLE 17.10 IS HEREBY AMENDED AS FOLLOWS, deletions shown in strike- through red font, and additions and modifications shown in underscore blue font: Chapter 17.10 SPECIAL USE PERMITS; RENEWABLE ENERGY GENERATION FACILITIES; ABOVE GROUND ELECTRICAL TRANSMISSION LINES (NOT LOCATED WITHIN AN ESTABLISHED UTILITY CORRIDOR; BATTERY ENERGY STORAGE SYSTEMS; GEN-TIE CONNECTIONS 17.10.10 DEFINITIONS ACRONYM GUIDE- BOCC – Nye County Board of County Commissioners EMS – Emergency Management Services ---PAGE BREAK--- Page 3 of 33 – Nye County Natural Resource Department NCDEM – Nye County Department of Emergency Management OHV – Off Highway Vehicle PRPC - Pahrump Regional Planning Commission PRPD – Pahrump Regional Planning District SECS - Solar Energy Conversion System SUP – Special Use Permit WDGB – Water District Governing Board WECS - Wind Energy Conversion System ABOVE GROUND TRANSMISSION LINE: An overhead power line is a structure used in electric power transmission and distribution to transmit electrical energy along large distances. It consists of one or more conductors (commonly multiples of three suspended by towers or poles. AMBIENT BASELINE SOUND PRESSURE LEVEL: The L90 A-weighted sound pressure emissions level (the level of sound exceeded 90% of the time) for a project area prior to construction as determined by a baseline acoustics emissions study. APPLICANT: When used in connection with or in respect of a project, shall mean the person(s) and/or entity(s) which is/are the developer and/or owner and/or operator of the project, and. the term shall include all successors and assigns of the initial Applicant. When used in this Ordinance to affix liability or for a binding agreement or obligation, Applicant shall include the Owner or Operator of the project that intends to be legally liable or so bound. BATTERY ENERGY STORAGE SYSTEM: Battery energy storage systems (BESS), are devices that enable energy to be stored and then released when the power is needed. BOCC: The Nye County Board of County Commissioners. CO-APPLICANT: When used in connection with or in respect of a renewable energy project, shall mean a person or entity which executes an application for a project solely because of an ownership interest in real property to be used in connection with the project. The Co- Applicant requirement is not applicable to those lands owned or managed by the Federal government. COLLECTOR: Any power line that carries electrical power from one or more solar panels or transformers or converters associated with solar panels to the point of interconnection with the electrical power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the project. COUNTY: Nye County, Nevada. CRITICAL WIND SPEED: The wind speed at which WECS turbine sound pressure levels are at greatest variance with Ambient Baseline Sound Pressure Level. DECOMMISSIONING PLAN: With regards to a project shall have the meaning and include the requirements set forth at Nye County Code Sections 17.10.110 and and 17.10.160. DECOMMISSIONING SECURITY: With regards to a project shall have the meaning and meet the requirements as set forth at Nye County Code Sections 17.10.110 and and 17.10.160. DEVELOPMENT AGREEMENT: A written agreement, adopted pursuant to state statutes and the provisions of this chapter, for a specified period of time between the county and any person having a legal or equitable interest in real property for the purpose of developing such property in accordance with specified laws, ordinances, codes, resolutions, rules, regulations and plans adopted by the BOCC; and in effect at the time such agreement is executed, in return for additional development requirements that may include, but are not limited to, provision of affordable housing, design standards, and on and off site/off tract infrastructure and other improvements and dedications, and which shall be approved by the BOCC and/or other reciprocal obligations from the county. DISTAL SOLAR PANEL: Means each solar panel closest to an adjoining non-participating property line. ---PAGE BREAK--- Page 4 of 33 DRAINAGE PLAN: With regards to a project shall mean the storm water management plan approved by Nye County Public Works for the project as required by Nye County Code Section 17.10.110 ELECTRICAL SUB-STATION: Substations contain the specialist equipment that allows the voltage of electricity to be transformed (or 'switched'). The voltage is stepped up or down through pieces of equipment called transformers, which sit within a substation's site. GEN-TIE: These are facilities that connect the original source of electric power (generation) to the transmission system. NON-PARTICIPATING: Property or the property-owner of land adjacent to a SECS project that is not participating in the project as a Co-Applicant. NON-RENEWABLE ENERGY GENERATION FACILITY: Coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy. OPERATOR: When used in connection with or in respect of a project means any person or entity which has the primary involvement with or responsibility for the use, operation, or maintenance of all or a portion of a project. OWNER: When used in connection with or in respect of a project shall mean any person or entity and his, her, or its assigns and successors in interest which has any ownership interest in any or all of the necessary devises to convert solar energy into electricity. The term “Owner” does not include any person or entity whose ownership interest in a SECS is limited to an interest in real property which is used in a SECS. PROJECT: Means Any Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connections RENEWABLE ENERGY: Means a source of energy that occurs naturally or is regenerated naturally, including, without limitation: Biomass; Fuel cells; Geothermal energy; Solar energy; Waterpower; and Wind; and Battery Energy Storage Systems (BESS) The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy. RENEWABLE ENERGY GENERATION FACILITY: Means a project involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity. The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity. RENEWABLE ENERGY PROJECT: Means the development, construction, deployment, alteration or repair of any project, technology, product, service, function, or measure that generates electric power from renewable energy. SAFETY AND SECURITY PLAN: The SECS project site safety and security plan as provided by Nye County Code Section 17.10.110(D). SCHOOL: means any public, private, or parochial educational facility for students from K-12 registered with the State of Nevada and does not include home schools. SECS NET SALVAGE VALUE: The net value of the all saleable parts and commodities which make up the SECS whether sold as used parts or on a commodity/scrap basis or any combination thereof (whichever is greater) after deducting all estimated costs and expenses of dismantling, removal, and transportation and all costs and expenses of sale (including but not limited to all commissions and fees) and the amount necessary to pay and satisfy all liens, ---PAGE BREAK--- Page 5 of 33 security interests, and other encumbrances attaching to the SECS. The commodity/scrap value shall be based on the prior five years average scrap value of the commodity. SOLAR ENERGY CONVERSION SYSTEM (SECS): The generating equipment and all ancillary equipment used in the production of electrical energy from solar resources, but not including electrical transmission facilities to transmit energy generated by a SECS from the SECS project site to the point of interconnection TOWN: The area within the territorial limits of any unincorporated town within Nye County. TOWN BOARD: The Town Board form of government established pursuant to Nevada Revised Statutes 269.016 through 269.022. TRANSPORTATION PLAN: The detailed route plan used for construction and maintenance by a project as required in Nye County Code Section 17.10.120(B). VIEW SHED AREA: Means the areas of visual impact of a project as set forth in Section Nye County Code 17.10.110(F). 17.10.020 PURPOSE AND INTENT The intent of this chapter is to establish the land use and permitting requirements applicable to all Renewable Energy Generation Facilities, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connections, as authorized by Nevada state law for all areas within County, including those areas within the Pahrump Regional Planning District. 17.10.030 PERMIT FOR CONSTRUCTION OF A SPECIAL UTILITY PROJECT NOT LOCATED IN A MASTER PLAN DESIGNATED UTILITY CORRIDOR: Any Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connections, which is planned to be located within County requires an approval of a Special Use Permit and a Development Agreement with County. 17.10.040 SPECIAL UTILITY PERMIT FOR RENEWABLE ENERGY GENERATION FACILITY, ABOVE GROUND TRANSMISSION LINES (NOT LOCATED WITHIN AN ESTABLISHED UTILITY CORRIDOR), BATTERY ENERGY STORAGE, ELECTRICAL SUBSTATION AND GEN-TIE CONNECTIONS A. Special Use Permit for Construction of a Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen- Tie Connections: 1. A Special Use Permit shall be required for any Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connections. In addition to the general criteria for approving the Special Use Permit, no Special Use Permit application shall be approved unless the Applicant establishes that the proposed Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connections meet the following additional criteria: a. Proposed developments must not conflict with any existing or planned infrastructure or utility projects; b. Proximity of the proposed developments or corridors to any school, hospital, or urban residential area with a dwelling density greater than two units per gross acre shall be taken into consideration and appropriate setbacks shall be applied. 17.10.050 REQUIREMENT TO OBTAIN A SPECIAL USE PERMIT Any Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within a established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connections shall require the approval and be conducted in compliance with the terms and conditions of a Special Use Permit. A. Administration and Enforcement: ---PAGE BREAK--- Page 6 of 33 1. Designation of Planning Authority: For purposes of the administration of Special Use Permits as provided for in this chapter, the BOCC shall be designated as the planning authority for all areas in County, to include those areas which may be located within a planning district or under the authority of a planning commission. 2. Penalties: Any person violating any provision of this chapter is guilty of a misdemeanor and is subject to a fine of not more than one thousand dollars ($1,000.00) and/or imprisonment in the County jail for a period not to exceed six months. Any act that is prohibited, or the result from the failure to perform required acts, shall constitute a violation of this chapter. Any person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued. 3. Abatement Proceedings: In Addition to any penalties that may be imposed, any use of property, or the establishment of any building, structure or use contrary to the provisions of this chapter or in violation of any condition attached to the granting of a Special Use Permit, County may commence proceedings for the abatement in accordance with this code or state law or may pursue other remedies as provided by law. 4. Revocation of Special Use Permit: Failure to abide by and faithfully comply with the provisions of this chapter with respect to use, development standards, or maintenance requirements, with any other requirement of this code, with any applicable requirement of the Nevada Revised Statutes or Nevada Administrative Code, or with any and all conditions attached to the granting of any land use application hereunder is unlawful and a public nuisance, and shall constitute grounds for the revocation of the same, or any permit or license issued in conjunction with the application. a. Upon discovery of such a violation, County may commence proceedings for the revocation thereof in accordance with applicable provisions of this code or may pursue other remedies as provided by law. If the BOCC determines that there is sufficient cause to revoke the application or permit, a public hearing shall be scheduled before the BOCC, at which time the Owner or other interested party may show cause as to why the permit should or should not be revoked. If the BOCC revokes the permit, it shall specify for the record the reasons for its action. b. The revocation of a business license, or the revocation of permits, which are no longer appealable, to conduct a use or the failure to obtain an approved Site Development Plan shall cause any SUP to become invalid with the hearing specified in subsection A of this section. 5. Term of Special Use Permit: If a project does not commence construction within a five year period after the SUP is approved by the BOCC the SUP is deemed expired, unless a further extension is mutually agreed upon by the Applicant and BOCC. Any SUP issued herein shall remain in effect only for a period of one year from the date of issuance. The SUP granted herein is restricted to the building and process as described in the application and approved by the BOCC, any expansion or modifications will require an amendment to the SUP. One year from the date of issuance, and each year following until construction commences, projects that receive SUP approval are required to pay a renewal fee of five thousand dollars ($5,000.00) and submit application no later than 30 days prior to expiration for annual renewal that consists of a detailed compliance report for review demonstrating that the project conforms to all SUP conditions of approval and this chapter. The SUP renewal is to be reviewed and acted upon administratively by the planning director within thirty (30) days of the renewal submission and shall be granted so long as the Applicant demonstrates satisfaction of the conditions and adherence to this chapter. 6. Transferability of Special Use Permit: Any SUP approved by the BOCC shall be specific to the Renewable Energy Generation Facility, Above Ground Transmission Lines (not located within an established utility corridor), Battery Energy Storage, Electrical Substation and Gen-Tie Connection owner as specified on the permit. Any change in ownership of the aboveground utility project that is approved by the BOCC shall be transferrable to a new owner by application to the planning department and approval from the BOCC, and the Special Use Permit will be valid for the same terms as the original Special Use Permit and shall be subject to the same use at the same location. BOCC approval may not be unreasonably withheld, delayed, or conditioned, except approval will be conditioned upon the assignor or successor satisfying the financial criteria set forth in the Development Agreement and section 17.10.110(G) 7. Cumulative Remedies: All remedies provided herein shall be cumulative and not exclusive. Application Process: ---PAGE BREAK--- Page 7 of 33 1. Federally Owned Land: If the project is on federally owned land, prior to submitting the application for the Special Use Permit for construction of a project, and at the beginning of the federal review and permit application process, the Applicant must have a pre-submittal meeting with County staff to discuss the project and the application. The Applicant then shall submit, as the application, the appropriate documents related to the environmental review by state and federal land management agencies. If the Applicant is required to apply for a permit to construct under the utility environmental protection act from the public utilities commission of Nevada, then the Applicant's service of the permit to construct application to the County, pursuant to Nevada Revised Statutes 704.870(4), shall constitute the environmental review documents that make up the application. 2. Special Use Permit Fee: A Special Use Permit fee, as established by County Resolution, shall be collected for any application for a Special Use Permit for construction of a project. 3. Town Boards: If the proposed location of the project is within the boundaries of a Town and outside the Town of Pahrump, the Applicant shall contact the applicable elected or advisory Town Board office and request an agenda item be placed on the Town Board's agenda to present the project and obtain a written letter from the Town Board in support of, or in opposition to, or acknowledgement the Applicant made a presentation for the proposed aboveground utility project and/or energy generation facility. Any Town Board receiving such request shall not be later than forty-five (45) days after receiving such request place the item on the agenda to hear the proposal and within fifteen (15) days after hearing the request the Town Board shall provide a written letter to the Applicant. The Applicant shall submit a copy of the Town Board's written letter to the Planning Department along with the application for a Special Use Permit. If the Town Board does not provide the letter within fifteen (15) days, the Applicant must provide documented evidence of effort to obtain a written letter from the Town Board to satisfy this section. C. Public Hearing Notice Requirements: Upon the filing of a complete application for a Special Use Permit, the Planning Director shall give notice setting forth the time, place, and purpose of such hearing. Notice of such hearing must be mailed at least ten (10) calendar days prior to the hearing to: 1. The Applicant; 2. Each owner of real property, as listed on the County Assessor’s records, located within three hundred feet (300’) of the property in question; 3. Any Advisory or Town Board which has been established for the affected by the governing body; 4. If a military installation is located within three thousand feet (3,000’) of the property in question, the commander of the military installation; 5. If an Indian Reservation is located within three thousand feet (3,000’) of the property in question, the Chief and Council of the Indian Reservation and the United States Department of the Interior Bureau of Indian Affairs (BIA); and 6. The Nye County Sheriff, EMS, and Fire Department. D. Standard Findings for Approval of a Special Use Permit: The BOCC shall determine which application submits a plan and proposal that meets the needs of, or otherwise benefits, the residents of Nye County. The following criteria shall be evaluated by the BOCC: 1. Will be in accordance with the general objectives or with any specific objectives of the Comprehensive Master Plan of current adoption, and the zoning map if applicable; 2. Will not be hazardous or disturbing to existing or future neighboring uses; 3. Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, or schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; 4. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; and 5. Will not involve uses, activities, processes, materials and equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glares, or odors. (Ord. 483, 2014) ---PAGE BREAK--- Page 8 of 33 E. Appeals: Any person who is aggrieved by a final decision of the BOCC may appeal that decision to the District Court by filing a petition for judicial review within twenty-five (25) days after the date of the filing of notice of the decision with the Clerk of the Board. 17.10.060 APPLICATION OF ORDINANCE: This Section applies to ground-mounted solar energy conversion systems. This Ordinance does not apply to roof-top or integrated solar installations on buildings or facilities and all such installations remain subject to applicable building and safety codes. A. (SECS-1) Solar Energy Conversion System—Tier 1 B. (SECS-2) Solar Energy Conversion System—Tier 2 17.10.070 ENERGY CONVERSION SYSTEM DISTINCTIONS: Only Photovoltaic systems may be installed in County and will require a Special Use Permit and a Development Agreement to be entered into between the Applicant/Developer and County for all SECS-1 projects. Concentrated Solar Power systems may not be installed in County. Acreage is measured from a perimeter fence surrounding the total solar generation facilities including any substations, energy storage or electrical support buildings. Any solar energy generation facilities intended to be operated as an integrated system shall be regulated according to the aggregate total acreage. Any subsequent phase of an approved project shall meet the criteria required of the total acreage of all phases. Type Acreage Other SECS-1 Greater than 10 acres or daily aggregate production of megawatt or more per day. Electricity sold to utility transmission lines SECS-2 Up to 10 acres on one or more properties Electricity used primarily for on-site use primarily behind the meter, generation for a single property owner 17.10.080 DESIGNATION OF USE IN DISTRICTS IN THE PRPD: Subject to the requirements of this Section, the designated solar energy projects are permitted uses or special exception with a Special Use Permit uses in the following districts. Special Use Permits or Building Permits shall not be issued to any Applicant without the BOCC granting preliminary and final approval at public hearings. District SEC-1 SEC-2 RH-9.5 X RH-4.5 X RE-2 X RE-1 X SE X VR-20 X ---PAGE BREAK--- Page 9 of 33 NC X GC X CM X TC X CC X M X VC X BO X AO X SO X MU X LI E X HI E X OS E X BR X OU E X R E CF X 17.10.090 APPROVAL PROCESS: A. All Tier 1 projects subject to this Section shall be considered at two public hearings before the BOCC and shall comply with all requirements of this Title. The first hearing shall consider granting preliminary approval. The second hearing shall consider granting final approval. Final approval may not be granted sooner than twenty-eight (28) days after preliminary approval absent extraordinary circumstances proven by the Applicant to the satisfaction of the BOCC. B. An application for any use designated as a Special Exception shall be heard by the BOCC prior to submission of a site development plan to the BOCC. Applicant may submit the preliminary development plan and the Special Use Permit application at the same time, however, the BOCC must take action on the Special Use Permit Application prior to the Public Hearing on a Preliminary Development Plan before the BOCC. C. Following final approval, the Applicant must comply with the requirements as set forth in this Section with respect to receiving a Special Use Permits for the project. D. Any Applicant seeking a variance allowed under County Code 17.10.150 from any setback or height restriction requirement of this Section must receive that approval from the applicable Town Board, PRPC if located within the PRPD, or BOCC if outside PRPD with a letter of support or opposition obtained from the Town Board if ---PAGE BREAK--- Page 10 of 33 located within a town boundary and submit such variance recommendation for approval or denial with its final development plan application. Only the BOCC may approve any departure from the procedures for approval or any modification of final approval. E. All information provided and gathered during a preliminary development plan review and/or a final development plan review may be used by the BOCC in determining whether to approve or disapprove the plan and, if approved, what reasonable additional restrictions or provisions shall be included in the plan in addition to those outlined herein. 17.10.100 PRELIMINARY DEVELOPMENT PLAN APPROVAL: A completed application for preliminary development plan approval signed by the Applicant shall be filed with the County Planning Department. If the Applicant is not the owner of the real property on which the project is sited, all property owners of the real property where the project is to be located must be Co-Applicants; with the exception of projects sited on lands owned or managed by the Federal government. The application shall include the following items submitted in both hard copy and/or electronic format, as required by the reviewing Agency: A. PROJECT SUMMARY. An initial project summary including a description of the project stating the approximate total name plate generating capacity and the name plate generating capacity of each solar panel, the total acreage included in the project and the GIS coordinates of the general outline of the project area, the potential equipment manufacturers and type of solar energy conversion system to be used, the number of solar panels, the size and maximum height of the solar panels, and description of substations, power inverters, maintenance structures, storage yards, permanent solar resource monitoring structures and equipment, BESS and other buildings that are a direct functional part of the project. If any part of the project includes battery storage, the types of batteries to be used, the manufacturer, and the type of installation shall also be included. B. APPLICANT AND CO-APPLICANTS. A description of the Applicant, Owner and Operator and any other responsible party and if applicable each of their intermediate and ultimate parent companies, listing experience in similar projects and gross capitalization. List names, addresses, email addresses, websites and phone numbers of the Applicants, Owners and Operators and all Co-Applicants. C. MAPS. A map or maps of the project site and surrounding quarter-mile radius that shows the topography (at 2- foot contours), political and natural features of the project site. The map shall include the individual land parcels by Assessors tax parcel number and clearly identify whether the property is participating in the project or not. The map shall also identify the zoning designations if applicable, all streets and roadways by classification, municipal and township boundaries, residential structures, public lands, public and private schools (including colleges and universities) existing utilities and transmission lines, public safety facilities, governmental boundaries, public recreational land, OHV trails, RS-2477 Roads, any County minor or major roads, and any commercial or public structure such as stores, churches, airports or landing strips. If more than one map is submitted, all maps shall be drawn at the same scale. All maps shall be submitted in hard copy and electronic format as specified by the Planning Department. public recreation land as identified on County and Nevada department of outdoor recreation maps, including trail maps on the Nevada off-highway vehicle program website off-road Nevada/off road Nevada (nv.org). alternate routes to be provided where trails are cut by section lines. D. SITE PLAN. The Applicant shall submit a preliminary site development plan at an appropriate scale showing the proposed location of the project facilities; proposed access roads; substations; maintenance structures; storage yards; permanent solar resource measuring or monitoring installations; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the project. Each contiguous row of solar panels and/or structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show: primary structures within one quarter mile of any project; property lines, including identification of non- participating adjoining properties; setback lines; public roads; County regulated drains, washes, open ditches if located in a public right of way; location of all above-ground utility lines; location of all existing underground utility lines associated with the site; recognized historic or heritage sites as noted by the Nevada Department of Natural Resources; floodplains; and any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines, and the location of any other condition or facility regulated by any other agency having jurisdiction of activity on the site. This site plan must also be distributed to emergency management agencies, fire departments serving any part of the project site, the County Sheriff, and the chief executive body of any municipal government or Town Board whose boundary is within 10 ---PAGE BREAK--- Page 11 of 33 miles of the project site. The site plan shall identify any public, private, or parochial school property (not including home schools) located within two miles of the project boundaries. “ E. COORDINATION WITH APPLICABLE AGENCIES. The Applicant shall submit a summary report identifying the entities the Applicant has communicated and coordinated with respect to the project. The report shall list the entity name, the primary contact person at the entity and contact information, the dates of coordination and list of documents submitted to each agency. The report shall also transmit any comments, suggestions, concerns, approvals, or disapprovals with respect to the project issued by the entity and/or communicated to the Applicant. The following entities shall be contacted: Authority Purpose Type of Documentation When Required General BLM (Bureau of Land Management) NEPA Compliance on Federal Lands Record of Decision and ROW grant Final FAA (Federal Aviation Administration) Coordinate to reduce any impacts on flight or airport interference Determination of no hazard Preliminary DOD (Department of Defenses) Siting, Coordinate siting to mitigate radar interference or any other interference. Any recommendations or comments received submitted to lead permitting agency Preliminary USFWS (U.S. Fish and Wildlife Service) Coordination Summary memorandum of initial survey results submitted to lead agency Preliminary State NDEP (Nevada Department of environmental Protection) & County (if located within the PRPD) Surface Area Disturbance (SAD) Permit for disturbance of 5ac or more Surface Area Disturbance (SAD) Permit for disturbance of 5ac or more Final NDWR (Nevada Division of Water Resources) & County Water District Governing Board As required, provide anticipated water rights permits being used for construction and O&M and point of diversion. Provide anticipated source of proof of adequate water rights and engineers estimate of water usage Final NDOT (Nevada Division of Transportation) & County Road Department As applicable Encroachment permits for highway and County Road access and Road Maintenance agreements for County Road Use Letter of compliance and approval from NDOT and County and confirmation that an Encroachment Permit can be issued Final ---PAGE BREAK--- Page 12 of 33 NDOW (Nevada Division of Wildlife) EIS (Environmental Impact Study) Payment of Cost Recovery Fee Final NDOR (Nevada Dept. of Outdoor Recreation) Site Review Any Recommendations or Comments Final Local Local Emergency Response Lifeline access, safety protocols Safety and Security Plan Final Telecommunication, Power and Cable Infrastructure owners and operators All telecommunications owners and operators with infrastructure within 2 miles of project boundary shall be notified and consulted Any comments or recommendations received from owners and operators shall be submitted to the Planning Department Preliminary Town Board (if located outside of PRPD) Presentation of project A letter of opposition or support and any comments or recommendations received from the Town Board Final (So. County Conservation District) if applicable dependent on project location Presentation of project A letter of opposition or support for the renewable energy project. If an Applicant can provide documented evidence of effort to secure a written letter, but does not receive a written letter, this section shall be deemed satisfied. Final (No. County Conservation District) if applicable dependent on project location Presentation of project A letter of opposition or support for the renewable energy project. If an Applicant can provide documented evidence of effort to secure a written letter, but does not receive a written letter, this section shall be deemed satisfied. Final F. VISUAL IMPACT EVALUATION REPORT: The Applicant shall submit a Visual Impact Evaluation Report evaluating the visual impact of all solar panels on properties within the view shed area of the project. The report shall assess the visual impact on all properties within the visual impact zones identified below. For Applicants required to comply with the National Environmental Protection Act (NEPA), the viewshed analysis conducted in accordance with NEPA will fulfill the requirements of this ordinance. For Applicants not subject to NEPA, the following shall be included in the Visual Impact Evaluation Report: 1. View Shed Area Defined: One thousand (1,000) foot radius from each Distel Solar Panel adjacent to the project boundary. 2. A map depicting the dimensions of the proposed site that clearly identifies the setbacks distance in feet from each of the each proposed Distal Solar Panel and adjoining property lines, the site of each of the photographic simulations taken in the View Shed Area, town boundaries, historic sites/districts, state and local designated ---PAGE BREAK--- Page 13 of 33 scenic areas and roads, recreational areas, designated open space and designated conservation areas, schools, parks, water resources, military installations, airports or landing strips. 3. Detailed description of the potential visibility of the SECS from key observation points identified by the Applicant and the methodology used to evaluate visibility within the following View Shed Areas and maps of the applicable View Shed Area identifying town boundaries, historic sites, state and local designated scenic areas and roads, designated recreational areas, designated open space and designated conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather, and radar stations. 4. Photographic simulations of the View Shed Area in sufficient number to capture the general visibility of the SECS and a map depicting the location for each photographic simulation 5. Any mitigation measures proposed to minimize the visual impact of the project If a visual resources technical report is prepared for the project, as a part of a Federal Agency Led permitting process, the Applicant shall provide that report to County in lieu of the Visual Evaluation Impact Report described above. G. NOISE EVALUATION REPORT. The Applicant shall submit a Noise Evaluation Report analyzing potential noise generated by SECS. The report shall identify sensitive receptors (if any) in the vicinity of the SECS with the potential to experience noise generated by the SECS and shall estimate noise levels at those sensitive receptors that would be expected to result from SECS operation. The report shall also provide the manufacturer's technical documentation of the proposed solar energy generating equipment noise levels to the extent possible. The report shall include a map depicting the noise study area radius, project boundaries, sound level monitoring locations and the nearest receptor locations. The Noise Evaluation Report shall include any potential mitigation measures to minimize sound levels. If a noise technical report is prepared for the project as part of a Federal Agency-led permitting process, the project Applicant shall provide that report to County in lieu of the Noise Evaluation Report described above. H. TELECOMMUNICATIONS AND WIRELESS SIGNALS REPORT. The Applicant shall submit a Telecommunications and Wireless Signals Report identifying any expected interference with over the air communications and information gathering and provide a verified statement that it will mitigate any such interference. I. NATURAL RESOURCE IMPACT REPORT. The Applicant shall submit a natural Resources Impact Report for the proposed project site. The report shall be concise (typically not more than 20 pages, excluding appendices and attachments) and shall include a desktop-level analysis briefly describing the potential natural resource impacts as a result of the construction, operation, and maintenance of the SECS. The report’s analysis shall consider impacts related to:(a) topography, geology, vegetation, soil types, water resources, special status wildlife and their habitat; compliance with applicable air and water quality standards; Night Sky International’s Responsible Outdoor Lighting Principles in the project design compliance with any USFWS solar energy guidelines as applicable. The report shall include a study area map with identification of any areas of importance such as wildlife habitat, flood zones, wetlands and watercourses evaluated in the report. The report shall also include any potential mitigation measures such as open space, erosion control, and habitat replacement to reduce the identified impacts on the project area. If natural resources technical reports pertaining to the resources addressed above are prepared for the project as part of a Federal Agency-led permitting process, the project Applicant may provide reports submitted to the Federal Agency to County in lieu of the Natural Resources Impact Report described J. 17.10.110 FINAL DEVELOPMENT PLAN APPROVAL: After approval of the Primary Development Plan, a petition for Final Development Plan approval shall be submitted to the Planning Department and shall include: A. REVISED SITE PLAN. A revised site plan indicating any changes to the site plan submitted for the Preliminary Development Plan Approval. B. TRANSPORTATION PLAN. A Transportation Plan recommended by the County Road Department and approved by the BOCC including a form of financial assurance acceptable to the BOCC for the repair or replacement of all ---PAGE BREAK--- Page 14 of 33 damaged roads, bridges, signage, or other transportation structures during construction, maintenance, and operation. C. DRAINAGE PLAN. A Drainage Plan approved by the County Public Works Department including a form of financial assurance acceptable to the BOCC for the repair or replacement of all damaged drains and ditches. The Transportation Plan and the Drainage Plan shall state that any newly constructed access roads shall not impede the flow of water and will comply with the County drainage ordinance. D. SAFETY AND SECURITY PLAN. A Safety and Security Plan which must include adequate provisions for site security and safety. If the plan includes using County or Town services, it should include signatures of the proper authorities indicating they are aware of their role and capable of performing them. The Safety and Security Plan must also contain a summary of coordination with local emergency responders and area hospitals. E. DECOMMISSIONING PLAN. A Decommissioning Plan to ensure that the project is properly decommissioned. The Decommissioning Plan must be updated and approved by the BOCC every five years after the approval of the initial Decommissioning Plan and after any material improvements are added to the project, in the same manner as the initial Decommissioning Plan. The Decommissioning Plan shall include financial assurance that the project facilities are properly decommissioned upon the end of the project life or abandonment consistent with this Section. The financial assurance must be provided at the completion of construction and prior to the issuance of any future Special Use Permit. The obligations with respect to decommissioning shall include removal and proper disposal of all physical material pertaining to the project improvements to a depth of five feet beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements. The Decommissioning Plan shall include a contractor cost estimate from a licensed engineer with experience in these matters for demolition and removal of similar facilities. The Decommissioning Plan must include proper disposal of all hazardous material and Operator must provide to the BOCC or its designee the certification of disposal issued by the entity providing the disposal service and/or the receiving disposal facility. All disposal must comply with local, state and federal law, rules and regulations in effect at the time of decommissioning. F. DEVELOPMENT AGREEMENT. Applicant shall enter into a Development Agreement pursuant to Nye County Code Chapter 16.32. G. ADDITIONAL ASSURANCES. The Applicant shall provide a notarized statement acknowledging and affirming the following with respect to the project: 1. All duties and obligations of each of the Applicant, Owner, and Operator shall be joint and several, and shall be binding upon all each of their heirs, successors in interest, and assigns unless and to the extent any successor in interest or assignee assumes in writing assignor’s duties and obligations that may arise hereunder. At least forty-five (45) days prior to any Change in Control, written notice shall be given to the County Planning Department for presentation and approval by the BOCC. “Change in Control” is defined as an acquisition of Applicant, Owner, and Operator by another entity by means of any transaction or series of related transactions, (ii) a sale of all or substantially all of the assets of the Applicant, Owner, or Operator. 2. BOCC approval of a Change in Control will be conditioned upon the assignee or successor meeting the following financial conditions: 1) all Financial Assurances (as hereinafter defined) provided to BOCC hereunder have been replaced by the successor or assignee or will be replaced no later than 30-days after the date of the Change in Control occurs and are in compliance with the terms and conditions of this Section; 2) the assignee or successor agrees in writing to be bound by the terms and conditions of the approval of the Final Site Development Plan; and 3) the assignee or successor provides documentation proving that it or its affiliate or parent has a) a net worth of at least $24 million dollars; and b) at least five years of experience (or has management or an operator on its behalf that has at least five years of experience) in the development and operation of projects similar to the proposed project. If the successor or assignee satisfies the foregoing financial conditions, then approval by the BOCC shall not be otherwise withheld, delayed or conditioned. 3. All bonds, sureties, letters of credit or other financial assurances provided under this Section shall remain in full force and effect upon any transfer, assignment, or conveyance of an ownership interest until the successor in interest delivers an accepted replacement obligation. The transfer, assignment or conveyance of an ownership interest in the project without the advance approval of replacement bonds, sureties, letters of credit or other financial assurances shall constitute a default and shall not relieve the responsible party of liability ---PAGE BREAK--- Page 15 of 33 unless and until the replacement bonds, sureties, letters of credit or other financial assurances provided is/are subsequently approved by the BOCC. However, the transfer of the interest of the Owner(s) shall be allowed without advance approval so long as the bond, surety, letter of credit or other financial assurance posted by the Applicant or Operator covers the successors in interest of the Owner(s) until replacement bonds, sureties, letters of credit or other financial assurances provided is obtained by such successor. 4. An Owner, or Applicant, or Operator which violates any provision of this Title (including violations by their agents, contractors, or subcontractors) and remains in violation beyond applicable notice and cure periods shall be subject to fines and all legal remedies under 17.10.350 et seq. Any Owner, or Applicant, or Operator or a contractor or agent thereof who engages in any activity prohibited by or under the control of this Title without first obtaining any required approval or permit including but not limited to a Special Use Permit, Building Permit or a Certificate of Occupancy shall be subject to fines and all legal remedies under County Code Section17.10.350 et seq. Each day a violation occurs or continues constitutes a separate offense. The authority to assess fines rests only with the BOCC. The BOCC shall also have all recourse to address violations as provided by law. 5. Enforcement of this Ordinance shall be in compliance with Chapter 17.10.360 of the Zoning Ordinances of County, as it may be amended. H. TIME LIMITATION. An application for Final Development Plan approval must be submitted no later than two years after the Preliminary Development Plan approval. If not submitted within two years, the Applicant must re-submit its Preliminary Development Plan for approval before submitting its Final Development Plan. The Applicant may, but is not required, combine its Preliminary and Final Development Plan approval into one submission in that case. No project may exceed the total acreage approved in the Final Development Plan by more than two percent without further approval by the BOCC. 17.10.120 BUILDING PERMITS AND COMMENCEMENT OF CONSTRUCTION: After Final Development Plan approval is obtained, but before any construction commences or Building Permits may be issued, all applicable state and federal permits, approvals and licenses must be obtained (with copies provided to the County Planning Department) and all state and federal statutes and regulations must be complied with and the following requirements satisfied: A. INSURANCE REQUIREMENTS. The Owner, Engineering, Procurement and Construction Contractor, or Operator of the project shall maintain liability policies covering bodily injury and property damage and environmental contamination arising from construction, operation, maintenance, and decommissioning of the project. Limits on the bodily injury and property damage policy shall be two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate with a deductible of no more than twenty thousand dollars ($20,000) and on the environmental contamination policy shall be of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate with a deductible of no more than fifty thousand dollars ($50,000). All such policies shall name County as an additional insured and a binder shall be provided annually to County. B. SIGNAGE AND CONTACT. The Applicant shall establish a twenty-four hour (24) toll-free phone number for the registering of complaints and concerns. This number shall be posted at every project service road intersection with a public roadway throughout the project area once Building Permits are issued and before any construction or earth moving can commence. If Applicant receives a complaint about an issue, condition or event that Applicant has reason to believe may cause physical damage or bodily injury to the public and does not remedy, or take reasonable steps to remedy, such issue, condition or event within forty-eight hours (48) of receiving the complaint, County may address these complaints with any expenses incurred to be reimbursed by the Applicant. C. PRE-CONSTRUCTION MEETING. The Applicant must attend a Pre-Construction Meeting between the Planning Director, Public Works Director, County Building Official, Fire Chief, Director of Emergency Management, and any other public officer or official whose input is deemed appropriate to verify that all requirements in the Title have been met. This meeting shall take place as the final step before construction and all other requirements should already have been met. Once reviewed, if all requirements have been met, the Applicant may then obtain Building Permits. If any requirements have not been met, then further pre-construction meetings will be held until it can be verified that the identified issues have been resolved. ---PAGE BREAK--- Page 16 of 33 D. FEES. All Licensing and Permit fees must be paid for the entire project before any Permits are issued. No permit shall be issued if the Applicant has overdue amounts owed to County. 17.10.130 CONSTRUCTION STANDARD: Prior to and during construction the Applicant, Owner and Operator shall be responsible for: A. Obtaining an approval for a County Dust Control Plan/Permit and a Surface Area Disturbance Permit from NDEP. B. Complying with existing septic and well regulation as required by the State of Nevada Division of Public and Behavioral Health, Nevada Division of Water Resources and Nevada Department of Environmental Protection. C. Repairing all damages to County owned or regulated or Non-Participating Landowners' waterways, drainage ditches, or any other infrastructures caused by the construction or maintenance of the project so that the waterways, drainage, and/or other infrastructure is restored to the same or substantially the same condition as it existed in prior to such maintenance or construction. Damages must be completely repaired to its original or better condition, and so as not to impede the flow of water. All repairs must be completed in a timely manner and the Owner, Operator, and/or Applicant shall be responsible for loss or damage approximately resulting from its impairment of such drainage structures. All repairs to County regulated drainage structures will commence within fourteen (14) days of notification. To determine if construction activities caused the damage, methods such as visual inspections, comparative survey data, and expert assessments are employed. If the construction group believes the damage was not caused by their activities, they have the right to submit a detailed report based on these methods to prove they are not responsible. D. Using concrete armoring techniques at each and every location where County regulated drains and subsurface power transmission lines greater than 35,000 volts cross. Unopened bags of premixed concrete shall be laid on top of the transmission lines to cover six inches on both sides of the line and eight feet to each side of the County regulated drain the line is crossing. Open drain and transmission line intersections where the line is below the invert of the open drain shall be armored using the same technique. Red warning tape (printed with “warning electrical line below” or similar language) shall be buried no closer than twelve (12) inches above the actual power line at all crossing locations. The Road Department supervisor or agent designated by the Road Department shall inspect every such crossing before backfilling. Concrete armoring techniques will not be required in cases where directional boring is used. E. Installing permanent, visible markers where directional boring is used. Markers shall be placed within the line of sight indicating directional changes and borings. Alternatively, operators may use Geographic Information System (GIS) mapping to document and publicly register the locations of all directional borings. Ensuring that the details are readily accessible for future reference and maintenance. F. Submitting a plan of work detailing construction and transportation activities to the Planning Department. The report shall include notification of any oversize or overweight loads entering or exiting the project as well as any work on roads, drainage, or access roads. G. Adhering to the approved Transportation Plan. The County Road Department and/or appropriate municipal road personnel shall conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage. The County Road Department and/or appropriate municipal road personnel may choose to require remediation of road damage during if it is an imminent safety hazard, or upon completion of the project and is authorized to collect fees for oversized load permits. If repairs are not made in a timely manner, the County Road Department and/or appropriate municipal road personnel are authorized to make repairs and charge the Applicant a fee to cover the costs of repair. Such fees shall be established at the start date of construction and may be revised at three-month intervals. Further, a corporate surety bond may be required by the County Road Department and/or appropriate municipal road personnel to ensure the County or affected municipality that future repairs are completed to the satisfaction of the County or affected municipality. The bond shall be released at the conclusion of construction of the project, and it may be reduced to cover any damages or losses from the operation and maintenance of the project. If the Applicant or its contractors require material changes from the approved Transportation Plan or if post completion repairs, improvements, or expansions require oversize and overweight loads or involve new routes, an Amended Transportation Plan must be approved in the same manner as the initial plan. Any violation of the approved Transportation Plan may be subject to fines as provided in Nye County Code Section 17.10.350 et seq. and in addition, may also be subject to fines established by the governing body having jurisdiction over the roadway(s) affected. ---PAGE BREAK--- Page 17 of 33 H. Adhering to the approved Development Plans. Any non-material proposed changes, modifications, or amendments to the Development Plans must be approved by the Director of Planning and the Director of Planning shall thereafter report the non-material changes, modifications, or amendments to the BOCC. All material changes to the approved Development Plans must be approved by the BOCC. The Director of Planning shall have the authority and discretion, considering all relevant factors, to determine whether the proposed change is material or non- material. I. Definition of Material and Non-Material Modifications. A nonmaterial modification is a modification made by the Developer by mutual agreement of Developer and Planning Director that: meets or exceeds the requirements of this Agreement by advancing or augmenting the objective of the applicable requirement; or does not materially increase or modify the land area covered by the project; and does not result in an intensification of use or of off-site impacts; does not alter the setbacks, allowed heights, and other bulk standards of the project; and does not involve a substantial change to the project design as agreed to in the Development Plan. A nonmaterial modification permits the rearrangement of uses and/or additions of existing structures as part of the project design if such change is within the scope of the applicable County, state and federal approvals of the project. A material modification includes any modification that does not qualify as a nonmaterial modification. 17.10.140 DEVELOPMENT STANDARDS: A. All installed equipment shall conform to applicable industry standards and the application shall include certificates of design compliance of the proposed equipment from nationally recognized third parties in the business of certifying compliance. B. All electrical components of the project shall conform to applicable local, state, and national codes, and relevant national and international standards. C. A visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. D. All solar panels and accessory buildings for the project must be fenced in with a fence not less than eight feet in height. E. All warning lights in the project shall conform to best industry practices to reduce impacts on migrating birds and other wildlife. No red pulsating incandescent lights or white strobe lights shall be installed. All lighting shall be in compliance with applicable Federal Aviation Administration regulations. All lighting shall be shielded so that no glare extends substantially beyond the boundaries of the project and installed lights shall be Dark Sky compliant certified. F. At any Non-Participating Landowner's residential lot, public school, public library, or recreational area within one- quarter mile of the project boundaries, for a period of more than ten percent (10%) out of every hour, the audible A-weighted sound pressure levels as a result of the sound emitted by the project shall not exceed either, the greater of forty-five (45) decibels or, five decibels above the Ambient Baseline Sound Pressure Level of the project. The Ambient Baseline Sound Pressure Level, if used, shall be determined by a baseline acoustic emissions study conducted by the County Planning Department and funded by the Applicant. Measurement of sound and vibration levels shall be conducted adhering to best practices within the applicable industry and in compliance with all other applicable County, state and federal regulations. 17.10.150 SETBACKS AND HEIGHT RESTRICTIONS: A. No part of the project shall be constructed in any required setback, dedicated public easement, or dedicated public right-of-way without prior written authorization from the BOCC. B. No solar panel may be located less than one thousand (1000’) feet, from any non-participating private landowner property line but may be reduced to three hundred feet (300’) if the project agrees to implement one or more of the visual mitigation measures, which will thereby reduce the setback requirement accordingly: i. Visual Berms with Native Vegetation. Applicant may propose to line some or all of the project boundary with a visual berm, planted with native vegetation, which, in combination with the vegetation will be 6 feet ---PAGE BREAK--- Page 18 of 33 in height, to obfuscate the project. For the boundaries that include the berm, solar panels may be located no less than Three Hundred (300’) feet from any non-participating private landowner property line. ii. Fencing with Visual Screens. Applicant may propose to construct fencing around some or all of the project boundary with fencing that include visual screens (which may include, but shall not be limited to, a mix of walls, fencing and Native Vegetation). For the boundaries that include this fencing, solar panels may be located no less than One Hundred (100’) feet from any non-participating private landowner property line. C. If an Applicant proposes a project withing the PRPD no solar panel shall be located less than one quarter (.25) mile from a residentially zoned property. D. No solar panel may exceed twenty-five (25’) feet in height at its highest extended rotation. E. No SECS - 2 solar panel may exceed the height restriction in the underlying zoning district. F. Applicant shall give notice to the owner of any FAA certified landing strip located adjacent to the project. Setbacks will be determined based upon the agreement of the landing strip owner, Applicant, and the Planning Department which shall take into consideration the guidelines provided in a U.S. Department of Transportation FAA Advisory Circular dated February 26, 2014, as may be updated. Proof of notice must be included with the Preliminary Development Plan. G. Allowed Variances. Variances may only be granted for relief from Nye County Code Section 17.10.150(B) and However, the variance application must include an executed agreement between the Applicant and all participating and non-participating private landowners affected by the requested variance prior to consideration of the variance request by the PRPC if located within the PRPD or BOCC if located outside of the PRPD. 17.10.160 POST-CONSTRUCTION AND CONTINUED MAINTENANCE: A. DECOMMISSIONING SECURITY. At the commencement of construction but before any commercial operations begins, the Applicant shall secure and provide to the BOCC a performance bond, surety bond, letter of credit, or other form of financial assurance that is acceptable to the BOCC (the “Decommissioning Security”) equal to 100% of the estimated cost of decommissioning the project pursuant to the Decommissioning Plan. Applicant will provide the Decommissioning Security to the BOCC or add the BOCC as an additional policy beneficiary should the Decommissioning Security be provided to another governmental agency. The Decommissioning Security, in computing the estimated cost of decommissioning, shall consider of the Net Salvage Value (as defined) of the project. The amount of the Decommissioning Security shall be adjusted annually by January 31 by an amount equal to the increase in the CPI Index. “CPI Index” shall mean the Consumer Price Index for “All Urban Consumers, U.S. City Average, all items,” issued by the Bureau of Labor Statistics of the United States Department of Labor, or, if discontinued or no longer published, such other governmental index that most closely matches the manner in which inflation had been previously tracked as selected by the BOCC. The Decommissioning Plan and Decommissioning Surety shall be re-evaluated every three years commencing with the operation of the project by a licensed engineer approved by the BOCC and qualified to provide an estimate of the cost of decommissioning of the project and the Net Salvage Value of the project (the “Decommissioning Engineer”). A new Decommissioning Security in the revised amount, if any, shall be provided within sixty (60) days of the approval of the updated Decommissioning Plan. B. WASTE REMOVAL. All solid waste generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state and federal rules and regulations. C. MODIFICATIONS. Any physical modification to the project that alters the mechanical load, mechanical load path, nameplate generating capacity, size or location or major electrical components shall require a new building permit and/or if there is more than a 2% increase in total acreage of the project. Like-kind replacements that do not have the effects listed above do not require new permitting. Prior to making any physical modification (other than a like-kind replacement), the Applicant shall confer with the Building Official to determine whether the physical modification requires new permitting. ---PAGE BREAK--- Page 19 of 33 D. INSPECTIONS. Upon request of the Building Official of County, Operator shall provide an annual inspection report for all facilities in the project to the Building Official at Operator’s cost. In addition, the Building Official, approved designees, along with licensed third-party engineers/professionals retained by County for the specific purpose of conducting inspections of the project shall have the right, at any reasonable time and with sufficient prior notice, to accompany the Applicant, or his agent, on the project premises to inspect the project and its construction and maintenance and to identify any necessary repairs. The Applicant of the project may retain a licensed third party professional engineer familiar with the applicable systems to prepare and submit to the County Building Official a written report which addresses the repairs or alterations requested, and which suggest alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary, within thirty (30) days after receiving notice from the County Building Inspector that repairs or alterations are requested, or within a longer period of time mutually acceptable to both parties. The County Building Inspector will consider any such written report and determine whether the repairs or alterations should be made as originally requested or as suggested in the written report. In the event of a dispute between the County Building Inspector and the Applicant or a third-party professional engineer retained by them, as to the repairs or alterations which are required, the decision of the County Building Inspector shall be final. These inspections do not relieve any liability of the Owner or Operator for damages or injuries arising from or related to the project. The Planning Department or designee will inspect and determine compliance with zoning regulations and approved development plans and the Planning Director or designee shall thereafter make appropriate report(s) to the BOCC for action, if any action is necessary. E. COMPLAINTS. If, after construction, the Applicant receives a written complaint related to interference caused with local broadcast residential television, telecommunication, communication or microwave transmissions, the Applicant shall resolve the complaint. F. AS-BUILT PLANS. The Applicant shall deliver to the Planning Department and to all providers of emergency services serving the project area a copy of the as-built site map. Upon request by the local fire department, the Applicant shall cooperate with the local fire department to develop or update the fire department’s emergency response plan. Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations. G. RECORD OF GROUND DISTURBANCE AND ROAD USAGE. On completion of construction the Applicant shall submit to the County Road Department a site map detailing all ground disturbed through construction activity, surface and subsurface as-built infrastructure and all routes over which trucks and equipment traveled. The scale and format of the submitted map shall conform to the County Road Departments specifications. H. LIABILITY FOR DRAINAGE. For a period of two years following the completion of construction the Applicant shall be liable for all costs of repair to County roads, regulated drains and ditches and other County regulated surface and subsurface structures within fifty (50) feet of the routes used and ground disturbed by project construction, operations, replacement, or maintenance. County may request additional repairs be completed beyond the two year period for any documented damage occurring as a result of operations, replacement or maintenance of the project after the two (2)-year period. I. ABANDONMENT. A SECS or any individual solar panel constituting a portion of the project is presumed at the end of its useful life and/or abandoned if the SECS or the individual solar panel generates no electricity for a continuing period of twelve (12) months. This presumption may be rebutted by submitting to the BOCC for approval and within ninety (90) days of submission obtaining approval thereof of a plan outlining the steps and schedules for returning the SECS or individual solar panel to service. Any SECS or individual solar panel which pursuant to the terms hereof is either reached the end of its useful life and/or abandoned pursuant to the terms hereof shall be subject to removal pursuant to the Decommissioning Plan. J. UNSAFE STRUCTURES. Any SECS or structure thereof declared to be unsafe by the County Building Official or County Code Compliance or its designee by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation within six months or be deemed abandoned and at the end of its useful life and subject to Decommissioning. Nothing herein prevents the County Building Official or the Nye County Code Compliance Department from issuing an immediate Cease and Desist order as to any structure that he or she determines is unsafe during the repair or rehabilitation period. ---PAGE BREAK--- Page 20 of 33 17.10.170 POST-CONSTRUCTION MODIFICATIONS: Any post-construction proposed material modifications, alterations, expansions, or changes of any type or size to the Final Development Plan must be approved by the BOCC. All material post construction proposed changes must apply in the same way as a new project. The Planning Director shall have the authority and discretion, considering all relevant factors, to determine whether the proposed post- construction change is material. Refer to Nye County Code Section 17.10.130 for definition of material versus nonmaterial modification. 17.10.180 NO PREEMPTION: Nothing in this Ordinance is intended to preempt other applicable State and Federal laws and regulations, except to the extent this Ordinance provides higher or more stringent standards. 17.10.230 ENERGY CONVERSION SYSTEM DISTINCTIONS. Wind Energy Conversion Systems may be installed in the County and will require a Special Use Permit and a Development Agreement to be entered into between Applicant/developer and County for all WECS-1 projects. Acreage is measured from a perimeter fence surrounding the total wind energy generation facilities including any substations, energy storage or electrical support buildings. Any wind energy generation facilities intended to be operated as an integrated system shall be regulated according to the aggregate total acreage. Any subsequent phase of an approved project shall meet the criteria required of the total acreage of all phases. Type Acreage Other WECS-1 Greater than 10 acres or daily aggregate production of megawatt or more per day. Electricity sold to utility transmission lines WECS-2 More than .5 acre up to 10 acres on one or more properties Electricity exclusively behind the meter generation for single property owner 17.10.240 DESIGNATION OF USE IN DISTRICTS IN THE PRPD: Subject to the requirements of this Section, the designated wind energy projects are permitted uses or special exception with a Special Use Permit uses in the following districts. No Special Use Permits shall not be issued to any Applicant without the BOCC granting preliminary and final approval at public hearings. District WECS-1 WECS-2 RH-9.5 X RH-4.5 X RE-2 X RE-1 X SE X VR-20 X NC X GC X CM X ---PAGE BREAK--- Page 21 of 33 TC X CC X M X VC X BO X AO X SO X MU X LI X HI X OS E X BR X OU E X R E CF X 17.10.250 APPROVAL PROCESS: A. All WECS - 1 projects subject to this Section shall be considered at two public hearings before the BOCC and shall comply with all requirements of this Title. The first hearing shall consider granting preliminary approval. The second hearing shall consider granting final approval. Final approval may not be granted sooner than twenty- eight (28) days after preliminary approval absent extraordinary circumstances proven by the Applicant to the satisfaction of the BOCC. B. An application for any use designated as a Special Exception shall be heard by the BOCC prior to submission of a site development plan to the BOCC. Applicant may submit the preliminary site development plan and the Special Use Permit application at the same time, however, the BOCC must take action on the Special Use Permit Application prior to the public hearing on a preliminary site development plan before the BOCC. C. Following final approval, the Applicant must comply with the requirements as set forth in this Section with respect to receiving a Special Use Permit for the project. D. Any Applicant seeking a variance allowed under County Code Section 17.10.310(H) from any setback or height restriction requirement of this Section must receive that approval from the applicable Town Board, PRPC if located within the PRPD, or BOCC if outside the PRPD with a letter of support or opposition obtained from the Town Board if located within a town boundary and submit such variance recommendation for approval or denial with its final development plan application. Only the BOCC may approve any departure from the procedures for approval or any modification of final approval. E. All information provided and gathered during a preliminary development plan review and/or a final development plan review may be used by the BOCC in determining whether to approve or disapprove the plan and, if approved, ---PAGE BREAK--- Page 22 of 33 what reasonable additional restrictions or provisions shall be included in the plan in addition to those outlined herein. 17.10.260 PRELIMINARY DEVELOPMENT PLAN APPROVAL: A completed application for preliminary development plan approval signed by the Applicant shall be filed with the County Planning Department. If the Applicant is not the owner of the real property on which the project is sited, all property owners of the real property where the project is to be located must be Co-Applicants. The application shall include the following items submitted in both hard copy and/or electronic format, as required by the reviewing Agency: A. PROJECT SUMMARY. An initial project summary including a description of the project stating the approximate total name plate generating capacity and the name plate generating capacity of each wind tower, the total acreage included in the project and the GIS coordinates of the general outline of the project area, the potential equipment manufacturers and type of wind energy conversion system to be used, the number of towers, the maximum height of the wind towers and maximum diameter of the rotors, and description of substations, power inverters, maintenance structures, storage yards, permanent wind resource monitoring structures and equipment, and other buildings that are a direct functional part of the project. If any part of the project will include battery storage, the kinds of batteries to be used, the manufacturer, and the type of installation shall also be included. B. APPLICANT AND CO-APPLICANTS. A description of the Applicant, Owner and Operator and any other responsible party and if applicable each of their intermediate and ultimate parent companies, listing experience in similar projects and gross capitalization. List names, addresses, email addresses, websites and phone numbers of the Applicants, Owners and Operators and all Co-Applicants. C. MAPS. A map or maps of the project site and surrounding quarter-mile radius that shows the topography (at 2-foot contours), political and natural features of the project site. The map shall include the individual land parcels by Assessors tax parcel number and clearly identify whether the property is participating in the project or not. The map shall also identify the zoning designations if applicable, all streets and roadways by classification, municipal and township boundaries, residential structures, public lands, public and private schools (including colleges and universities) existing utilities and transmission lines, public safety facilities, governmental boundaries, public recreational land, OHV trails, RS-2477 Roads and any commercial or public structure such as stores, churches, airports or landing strips. If more than one map is submitted, all maps shall be drawn at the same scale. All maps shall be submitted in hard copy and electronic format as specified by the Planning Department. D. SITE PLAN. The Applicant shall submit a site plan at an appropriate scale showing the proposed location of the project facilities; proposed access roads; substations; maintenance structures; storage yards; permanent wind resource measuring or monitoring installations; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the project. Each wind tower and/or supporting structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show: primary structures within one quarter mile of any project; property lines, including identification of non-participating adjoining properties; setback lines; public roads; County regulated drains, open ditches or tiles including private tiles if located in a public right of way; location of all above-ground utility lines; location of all existing underground utility lines associated with the site; recognized historic or heritage sites as noted by the Nevada Department of Natural Resources; floodplains; and any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines, and the location of any other condition or facility regulated by any other agency having jurisdiction of activity on the site. This site plan must also be distributed to emergency management agencies, fire departments serving any part of the project site, the County Sheriff, and the chief executive body of any municipal government or Town Board whose boundary is within 10 miles of the project site. The site plan shall identify any public, private, or parochial school property (not including home schools) located within two miles of the project boundaries. For purposes of this section and Nye County Code Section 17.10.310, “school” means any public, private, or parochial educational facility for students from K-12 registered with the State of Indiana and does not include home schools. E. COORDINATION WITH APPLICABLE ENTITIES. The Applicant shall submit a summary report identifying the entities the Applicant has communicated and coordinated with respect to the project. The report shall list the entity name, the primary contact person at the entity and contact information, the dates of coordination and list of documents submitted to each agency. The report shall also transmit any comments, suggestions, concerns, ---PAGE BREAK--- Page 23 of 33 approvals, or disapprovals with respect to the project issued by the entity and/or communicated to the Applicant. The following entities shall be contacted: Authority Purpose Type of Documentation When Required Federal FAA Coordinate to reduce any flight or airport interference Compliance letters for each wind project Preliminary DOD Siting, NOAA Coordinate siting to mitigate radar interference or any other interference. Any recommendations or comments received submitted to APC Preliminary EPA Compliance with air and water quality standards under NEPA Any recommendations or comments submitted to APC Preliminary USFWS Nevada Field Office Migratory Bird Treaty Act (MBTA) Eagle Protection Act Endangered Species Act Compliance with any solar guidelines Any recommendations or comments submitted to APC and part of Natural Resources Report Preliminary State NDEP Surface Area Disturbance (SAD) Permit for disturbance of 5ac or more Surface Area Disturbance (SAD) Permit for disturbance of 5ac or more Final NDWR Verify water rights being used for construction and O&M are permitted and point of diversion. Approval for point of diversion and proof of adequate water rights Preliminary NDOT Encroachment permits for highway access Letter of compliance and approval from NDOT Final NDOW EIS Letter of Compliance and approval Final Local Private Airport authorities permitted by FAA Coordinate siting process Any recommendations or comments submitted to APC Preliminary ---PAGE BREAK--- Page 24 of 33 County Water District Governing Board Review of water conservation plan Water conservation plan, engineers estimate of water usage Preliminary County Road Department Road Plan Approval (construction, maintenance, access cuts) Road remediation agreement Transportation Plan Final Local Emergency Response Lifeline access, safety protocols Safety and Security Plan Final Telecommunication, Power and Cable Infrastructure owners and operators All telecommunications owners and operators with infrastructure shall be notified and consulted within 2 miles of project boundary Any comments or recommendations received from owners and operators shall be submitted to the APC Preliminary Town Board(if located outside of PRPD) Presentation of project A letter of opposition or support and any comments or recommendations received from the Town Board Final F. VISUAL IMPACT EVALUATION REPORT: The Applicant shall submit a Visual Impact Evaluation Report evaluating the visual impact of all turbines on properties within certain distances of the project. The report shall assess the visual impact on all properties within the visual impact zones identified below. The following shall be included in the Visual Impact Evaluation Report: 1. A map depicting the dimensions of the proposed site, names and addresses of adjoining property owners not participating in the project that clearly identifies the setbacks distance in feet from each of the proposed turbine locations and adjoining property lines, the site of each of the photographic simulations taken in the View Shed Area, town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations. 2. Detailed description of the potential visibility of each proposed turbine and the methodology used evaluate visibility within the following View Shed Areas and maps of the applicable View Shed Area identifying town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather, and radar stations. 3. View Shed Areas Defined turbine height less than two hundred (200) feet – two mile radius from each turbine foundation; greater than two hundred (200) feet to four hundred (400) feet – four mile radius from each turbine foundation; greater than four hundred (400) feet to six hundred (600) feet – six mile radius from each turbine foundation; greater than six hundred (600) feet – eight mile radius from each turbine foundation. 4. Photographic simulations of the View Shed Area in sufficient number to capture the general visibility of turbines and a map depicting the location for each photographic simulation. 5. Any mitigation measures proposed to minimize the visual impact of the project. G. NOISE EVALUATION REPORT. The applicant shall submit a Noise Evaluation Report for each proposed wind turbine location and any substation or facility that emits noise in the project. The report shall state the daytime and ---PAGE BREAK--- Page 25 of 33 nighttime base-line noise level at the primary dwelling on an adjoining non-participating parcel, in the event permission for the receptor to be located at the primary dwelling is not granted by the non-participant, then at a point on the property line closest to the primary dwelling; the potential noise level generated by each turbine and when all turbines are operating and inverters and any substation associated with the project; the manufacturer's technical documentation of the proposed turbines noise levels. The Noise Evaluation Report shall include the projected maximum levels of infrasonic sound, ultrasonic sound, impulsive noise and prominent discrete tones generated and measured at the primary dwelling on the non-participating parcel (or property line receptor if permission not given as set forth above). The report shall include a map depicting the noise study area radius, project boundaries, sound level monitoring locations and the nearest receptor locations. The Noise Evaluation Report shall include any potential mitigation measures to minimize sound levels. H. SHADOW FLICKER EVALUATION REPORT (WIND). The Applicant for a WECS project shall submit a Shadow Flicker Evaluation Report for each of the proposed turbine locations that includes an analysis of conditions that may cause shadow flicker, the methodology used to evaluate shadow flicker and the manufacturer's technical documentation relating to shadow flicker. A study area map of the proposed site depicting the shadow flicker analysis area radius, locations of proposed turbines and all off-site (not in the project area) occupied structures and areas of shadow flicker occurrence identified by total annual hours. The Shadow Flicker Evaluation Report shall identify the following with respect to each turbine and any off-site occupied structure located within one mile of the project boundary: distance in feet to the closest turbine; shadow length and intensity, shadow flicker frequency, specific times shadow flicker is expected to occur, duration of shadow flicker in total annual hours. The Shadow Flicker Evaluation Report shall include any mitigation measures proposed to minimize the impact of shadow flicker. I. TELECOMMUNICATIONS AND WIRELESS SIGNALS REPORT. The Applicant shall submit a Telecommunications and Wireless Signals Report identifying any expected interference with over the air communications and information gathering and provide a verified statement that it will mitigate any such interference. The Applicant will coordinate its report with NOAA and any other agencies dependent on wireless communications that may be affected. J. NATURAL RESOURCE IMPACT REPORT. The Applicant shall submit a natural Resources Impact Report for the proposed project site. The Natural Resources Impact Report shall include a detailed description of the potential natural resource impacts as a result of the construction, operation, and maintenance of the WECS that includes identification and analysis of topography, geology, vegetation, soil types, water resources including wetlands, avian, terrestrial, and marine wildlife habitats as applicable; compliance with applicable air and water quality standards; compliance with USFWS Land-Based Wind Energy Guidelines as applicable, and compliance with any site specific recommendations made by NDOW, NCDEM, and The report shall include a study area map with identification of any areas of importance such as wildlife habitat, bat habitat, flood zones, wetlands and watercourses evaluated in the report. The report shall also include any potential mitigation measures such as open space, erosion control, and habitat replacement to reduce the identified impacts on the project area. K. 17.10.270 FINAL DEVELOPMENT PLAN APPROVAL: After approval of the Primary Development Plan, a petition for Final Development Plan approval shall be submitted to the Planning Department and shall include: A. REVISED SITE PLAN. A revised site plan indicating any changes to the site plan submitted for the Preliminary Development Plan Approval. B. TRANSPORTATION PLAN. A Transportation Plan recommended by the County Road Department and approved by the BOCC including a form of financial assurance acceptable to the BOCC for the repair or replacement of all damaged roads, bridges, signage, or other transportation structures during construction, maintenance, and operation. C. DRAINAGE PLAN. A Drainage Plan approved by the County Public Works Department and including a form of financial assurance acceptable to County for the repair or replacement of all damaged drains, ditches. The ---PAGE BREAK--- Page 26 of 33 Transportation Plan and the Drainage Plan shall state that any newly constructed access roads shall not impede the flow of water and will comply with the County drainage ordinance. D. SAFETY AND SECURITY PLAN. A Safety and Security Plan which must include adequate provisions for site security and safety, including without limitation the specific protocol, times and contact information for shutting down a wind turbine. If the plan includes using County services, it should include signatures of the proper authorities indicating they are aware of their role and capable of performing it. Coordination with local emergency responders and area hospitals must be included. E. DECOMMISSIONING PLAN. A Decommissioning Plan to ensure that the project is properly decommissioned. The Decommissioning Plan must be updated and approved by the BOCC every three years after the approval of the initial Decommissioning Plan and after any material improvements are added to the project, in the same manner as the initial Decommissioning Plan. The Decommissioning Plan shall include financial assurance that the project facilities are properly decommissioned upon the end of the project life or abandonment consistent with this Section. The financial assurance must be provided at the completion of construction and prior to the issuance of any improvement location permit. The obligations with respect to decommissioning shall include removal and proper disposal of all physical material pertaining to the project improvements to a depth of five feet beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements. The Decommissioning Plan shall include a contractor cost estimate from a licensed engineer with experience in these matters for demolition and removal of similar facilities. The Decommissioning Plan must include proper disposal of all hazardous material and the Operator must provide to the BOCC the certification of disposal issued by the entity providing the disposal service and/or the receiving disposal facility. All disposal must comply with local, state and federal law, rules and regulations in effect at the time of decommissioning. F. CONSTRUCTION AND OPERATION BOND. A Construction and Operation Bond that runs from the date of commencement of construction through the tenth (10th) year of operation of the project. The Applicant shall demonstrate that it has the financial resources to construct and operate the project by providing evidence of: adequate funding of one hundred percent (100%) of the estimated cost of construction of the project; performance and payment bonds or other sureties from the Applicant and/or major equipment suppliers and contractors; the existence of written warranties from contractors and/or manufacturers which have demonstrated financial ability to repair and/or replace defective work, materials, and equipment; and adequate casualty, builders risk, business interruption, and liability insurance for the replacement of the project facilities and the individual components thereof. The Applicant may provide such cost estimates, bids, contracts, warranties, feasibility studies, engineering studies and reports, insurance certificates, loan and other financing commitments to provide the requested information. G. DEVELOPMENT AGREEMENT. Applicant shall enter into a Development Agreement pursuant to Nye County Code Chapter 16.32. H. ADDITIONAL ASSURANCES. The Applicant shall provide a notarized statement acknowledging and affirming the following with respect to the project: 1. All duties and obligations of each of the Applicant, Owner, and Operator shall be joint and several, and shall be binding upon all each of their heirs, successors in interest, and assigns. At least thirty (30) days prior to any transfer of any ownership interest in the project, written notice shall be given to the County Planning Department for presentation and approval by the BOCC. All bonds, sureties, letters of credit or other financial assurances provided under this Section shall remain in full force and effect upon any transfer, assignment, or conveyance of an ownership interest until the successor in interest delivers an accepted replacement obligation. The transfer, assignment, or conveyance of an ownership interest in the project without the advance approval of replacement bonds, sureties, letters of credit or other financial assurances shall constitute a default and shall not relieve the responsible party of liability. However, the transfer of the interest of the Owner(s) shall be allowed without advance approval so long as the bond, surety, letter of credit or other financial assurance posted by the Applicant or Operator covers the successors in interest of the Owner(s). ---PAGE BREAK--- Page 27 of 33 2. An Owner, or Applicant, or Operator which violates any provision of this Title (including violations by their agents, contractors, or subcontractors) shall be subject to fines and all legal remedies under 17.10.350 et seq. Any Owner, or Applicant, or Operator or a contractor or agent thereof who engages in any activity prohibited by or under the control of this Title without first obtaining any required approval or permit including but not limited to an Improvement Location Permit or a Certificate of Occupancy shall be subject to fines and all legal remedies under Nye County Code Section 17.10.350 et seq. Each day a violation occurs or continues constitutes a separate offense. The authority to assess fines rests only with the BOCC. The BOCC shall also have all recourse to address violations as provided by law. 3. Enforcement of this Ordinance shall be in compliance with Nye County Code Section 17.10.350, as it may be amended. I. TIME LIMITATION. An application for Final Development Plan approval must be submitted no later than two years after the Preliminary Development Plan approval. If not submitted within two years, the Applicant must re-submit its Preliminary Development Plan for approval before submitting its Final Development Plan. The Applicant may, but is not required, combine its Preliminary and Final Development Plan approval into one submission in that case. No project may exceed the total acreage approved in the Final Development Plan by more than two percent without further approval by the BOCC. 17.10.280 BUILDING PERMITS AND COMMENCEMENT OF CONSTRUCTION: After Final Development Plan approval is obtained, but before any construction commences or Improvement Location Permits may be issued, all applicable state and federal permits, approvals and licenses must be obtained (with copies provided to the County Planning Department) and all state and federal statutes and regulations must be complied with and the following requirements satisfied: A. INSURANCE REQUIREMENTS. The Owner or Operator of the project shall maintain liability policies covering bodily injury and property damage and environmental contamination arising from construction, operation, maintenance, and decommissioning of the project. Limits on the bodily injury and property damage policy shall be of at least two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate with a deductible of no more than twenty thousand dollars ($20,000) and on the environmental contamination policy shall be of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate with a deductible of no more than fifty thousand dollars ($50,000). All such policies shall name County and the municipality in which the project is located as an additional insured and a binder shall be provided annually to County. B. SIGNAGE AND CONTACT. The Applicant shall establish a twenty-four (24) hour toll-free phone number for the registering of complaints and concerns. This number shall be posted at every project service road intersection with a public roadway throughout the project area before Improvement Location Permits are issued and before any construction or earth moving can commence. If legitimate complaints are not remedied within forty-eight (48) hours County may address these complaints with any expenses incurred to be reimbursed by the Applicant. C. PRE-CONSTRUCTION MEETING. The Applicant must attend a Pre-Construction Meeting between Planning Director, Public Works Director, County Building Official, Fire Chief, Director of Emergency Management and any other public officer or official whose input is deemed appropriate to verify that all requirements in the Title have been met. This meeting shall take place as the final step before construction and all other requirements should already have been met. Once reviewed, if all requirements have been met, the Applicant may then obtain Building Permits. If any requirements have not been met, then further pre-construction meetings will be held until it can be verified that the identified issues have been resolved. D. FEES. All Improvement Location Permit fees must be paid for the entire project before any Improvement Location Permits will be issued. ---PAGE BREAK--- Page 28 of 33 17.10.290 CONSTRUCTION STANDARDS: Prior to and during construction the Applicant, Owner and Operator shall be responsible for: A. Obtaining an approval for a County Dust Control Plan/Permit and a Surface Area Disturbance Permit from NDEP. B. Complying with existing septic and well regulation as required by the State of Nevada Division of Public and Behavioral Health, Nevada Division of Water Resources and Nevada Department of Environmental Protection. C. Repairing all damages to County owned or regulated or Non-Participating Landowners' waterways, drainage ditches, field tiles, or any other infrastructures caused by the construction or maintenance of the project. Damages must be completely repaired to original or better condition, and so as not to impede the flow of water. All repairs must be completed in a timely manner and the Owner, Operator, and/or Applicant shall be responsible for loss or damage proximately resulting from its impairment of such drainage structures. All repairs to County regulated drainage structures must be completed within fourteen (14) days. D. Using concrete armoring techniques at each and every location where County regulated drains and subsurface power transmission lines of any type of cross. Unopened bags of premixed concrete shall be laid on top of the transmission lines to cover six inches on both sides of the line and eight feet to each side of the County regulated drain the line is crossing. Open drain and transmission line intersections where the line is below the invert of the open drain shall be armored using the same technique. Red warning tape (printed with “warning electrical line below” or similar language) shall be buried no closer than twelve (12) inches above the actual power line at all crossing locations. The Road Department Supervisor or agent designated by the Road Department shall inspect every such crossing before backfilling. Concrete armoring techniques will not be required in cases where directional boring is used. E. Installing permanent, visible markers where directional boring is used. Markers shall be placed within the line of sight indicating directional changes and borings. F. Submitting a weekly plan of work detailing where construction and transportation activities will occur to the County Road Department Supervisor, County Sheriff, County Surveyor, the Superintendent(s) of the School District(s) in which construction is occurring and to the emergency services with jurisdiction over the areas in which construction is occurring. This shall include notification of any oversize or overweight loads entering or exiting the project each day as well as any work on roads, drainage, or access roads. G. Adhering to the approved Transportation Plan. The County Road Department and/or appropriate municipal road personnel shall conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage. The County Road Department and/or appropriate municipal road personnel may choose to require remediation of road damage during or upon completion of the project and is authorized to collect fees for oversized load permits. If repairs are not made in a timely manner, the County Road Department and/or appropriate municipal road personnel is authorized to make repairs and charge the Applicant a fee to cover the costs of repair. Such fees shall be established at the start date of construction and may be revised at three-month intervals. Further, a corporate surety bond shall be required by the County Road Department and/or appropriate municipal road personnel to ensure the County or affected municipality that future repairs are completed to the satisfaction of the County or affected municipality. The bond shall not be released at the conclusion of construction of the project, but it may be reduced to cover any damages or losses from the operation and maintenance of the project. If the Applicant or its contractors require material changes from the approved Transportation Plan or if post completion repairs, improvements, or expansions require oversize and overweight loads or involve new routes, an Amended Transportation Plan must be approved in the same manner as the initial plan. Any violation of the approved Transportation Plan may be subject to fines as provided in Nye County Code Section 17.10.350 et seq. and in addition, may also be subject to fines established by the governing body having jurisdiction over the roadway(s) affected. H. Adhering to the approved Development Plans. Any non-material proposed changes, modifications, or amendments to the Development Plans must be approved by the Director of Planning and the Director of Planning shall thereafter make report of the non-material changes, modifications, or amendments to the BOCC. All material ---PAGE BREAK--- Page 29 of 33 changes to the approved Development Plans must be approved by the BOCC. The Director of Planning shall have the authority and discretion, considering all relevant factors, to determine whether the proposed change is material or non-material. 17.10.300 DEVELOPMENT STANDARDS: A. All installed equipment shall conform to applicable industry standards and the application shall include certificates of design compliance of the proposed equipment from nationally recognized third parties in the business of certifying compliance. B. All WECS Towers shall be installed with a tubular, monopole type tower. Meteorological towers may be guyed. All WECS Towers shall be uniform in design and appearance. C. All WECS Towers shall be equipped with a redundant braking system. This includes both aerodynamic over- speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over- speed protection. D. All electrical components of the project shall conform to applicable local, state, and national codes, and relevant national and international standards. E. WECS Towers and blades shall be painted with non-reflective white or gray color. The Applicant shall comply with all applicable Federal Aviation Administration color requirements. No advertising or signage shall be allowed on a WECS Tower, except for manufacturer's name on the nacelle. F. A visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. G. All WECS Tower designs must include features to deter climbing or be protected by anti-climbing devices such as: 1) fences with locking portals at least eight feet high, 2) anti-climbing devices fifteen (15) feet vertically from the base of the wind tower, and/or 3) locked wind tower doors. H. All warning lights in the project shall conform to best industry practices to reduce impacts on migrating birds and other wildlife. No red pulsating incandescent lights or white strobe lights shall be installed. All lighting shall be in compliance with applicable Federal Aviation Administration regulations. All lighting shall be shielded so that no glare extends substantially beyond the boundaries of the project and installed lights shall be Dark Sky certified. I. At any Non-Participating Landowner's residential lot, public school, public library, or recreational area within one-quarter mile of the project boundaries, for a period of more than ten percent (10%) out of every hour, the audible A-weighted sound pressure levels as a result of the sound emitted by the project shall not exceed either, the greater of forty five (45) decibels or, five decibels above the Ambient Baseline Sound Pressure Level of the project at Critical Wind Speeds. The Ambient Baseline Sound Pressure Level, if used, shall be determined by a baseline acoustic emissions study conducted by the Planning Department, and funded by the Applicant. Measurement of sound and vibration levels shall be conducted adhering to best practices within the applicable industry and in compliance with all other applicable County, state and federal regulations. J. The maximum WECS turbine shadow flicker experiences at a non-participating landowner dwelling shall be zero. Measurements to assess shadow flicker shall be for all non-participating landowner dwellings located within 0.6 miles or 3,168 feet of a turbine. If shadow flicker will exceed this level, then a shadow flicker mitigation plan must be submitted for each affected Non-Participating dwelling which shall provide for zero shadow flicker for the affected Non-Participating dwelling. K. The minimum distance between the ground and any protruding blade(s) utilized on a WECS Tower shall be fifty (50) feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel. ---PAGE BREAK--- Page 30 of 33 17.10.310 SETBACKS AND HEIGHT RESTRICTIONS: A. No part of the project shall be constructed in any required setback, dedicated public easement or dedicated public right-of-way without prior written authorization from the BOCC. B. No WECS Tower may be located less than the greater of 2.5 times the height of the WECS Tower including the blade at its highest point or the manufacturer's recommended setback as determined by a blade throw study performed and certified by a professional engineer to any non-participating landowner property line C. No WECS Tower or permanent Meteorological Towers may be located less than 1.5 times the height of the WECS Tower including the blade at its highest point to any residential structure inside or outside the project boundaries. D. No WECS Tower may be located less than 1.5 times the height of the WECS Tower to a dedicated roadway, railroad right-of-way, overhead electrical transmission or distribution lines. E. Any WECS project proposed shall not have a project boundary closer than one mile to any municipal boundary line or closer than two miles to any public, private, or parochial school property boundary line as set forth in Nye County Code Section 17.10.250(D). F. No WECS – 2 Tower may exceed the height restriction in the underlying zoning district. G. Applicant shall give notice to the owner of any private certified landing strip. Setbacks will be determined based upon the agreement of the landing strip owner, Applicant, and the BOCC which shall take into consideration the guidelines provided in a U.S. Department of Transportation FAA Advisory Circular dated February 26, 2014, as may be updated. Proof of notice must be included with the Preliminary Development Plan. H. Allowed Variances. Variances may only be granted for relief from Nye County Code Section 17.10.310 or However, the variance application must include an executed agreement between the Applicant and all participating and non-participating landowners, municipality, or school district affected by the requested variance prior to consideration of the variance request by the PRPC if located within the PRPD or BOCC in all other areas of County. 17.10.320 POST-CONSTRUCTION AND CONTINUED MAINTENANCE: A. DECOMMISSIONING SECURITY. At the completion of construction but before any commercial operations begins, the Applicant shall secure and provide to the BOCC a performance bond, surety bond, letter of credit, or other form of financial assurance that is acceptable to the BOCC (the “Decommissioning Security”) equal to 125% of the estimated cost of decommissioning the project pursuant to the Decommissioning Plan. The Decommissioning Security, in computing the estimated cost of decommissioning, shall consider and deduct up to sixty-five percent (65%) of the Net Salvage Value of the project. The amount of the Decommissioning Security shall be adjusted annually by January 31 by an amount equal to the increase in the CPI Index. “CPI Index” shall mean the Consumer Price Index for “All Urban Consumers, U.S. City Average, All items,” issued by the Bureau of Labor Statistics of the United States Department of Labor, or, if discontinued or no longer published, such other governmental index that most closely matches the manner in which inflation had been previously tracked as selected by the BOCC. The Decommissioning Plan and Decommissioning Surety shall be re-evaluated every three years commencing with the operation of the project by a licensed engineer approved by the BOCC and qualified to provide an estimate of the cost of decommissioning of the project and the Net Salvage Value of the project (the “Decommissioning Engineer”). A new Decommissioning Security in the revised amount, if any, shall be provided within sixty (60) days of the approval of the updated Decommissioning Plan. B. WASTE REMOVAL. All solid waste whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall, be handled in a manner consistent with all local, state and federal rules and regulations. ---PAGE BREAK--- Page 31 of 33 C. MODIFICATIONS. Any physical modification to the project that alters the mechanical load, mechanical load path, nameplate generating capacity, size or location or major electrical components shall require a new improvement location permit and/or if there is more than a two percent increase in total acreage of the project. Like-kind replacements that do not have the effects listed above do not require new permitting. Prior to making any physical modification (other than a like-kind replacement), the Applicant shall confer with the Building Inspector to determine whether the physical modification requires new permitting. D. INSPECTIONS. Upon request of the Building Official of County, Operator shall provide an annual inspection report for all facilities in the project to the Building Official, at Operator’s cost. In addition, the Building Official, approved designees, along with licensed third-party engineers/professionals retained by the County for the specific purpose of conducting inspections of the project shall have the right, at any reasonable time and with sufficient prior notice, to accompany the Applicant, or his agent, on the project premises to inspect the project and its construction and maintenance and to identify any necessary repairs. The Applicant of the project may retain a licensed third party professional engineer familiar with the applicable systems to prepare and submit to the County Building Official a written report which addresses the repairs or alterations requested, and which suggest alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary, within thirty (30) days after receiving notice from the County Building Official that repairs or alterations are requested, or within a longer period of time mutually acceptable to both parties. The County Building Official will consider any such written report and determine whether the repairs or alterations should be made as originally requested or as suggested in the written report. In the event of a dispute between the County Building Official and the Applicant or a third-party professional engineer retained by them, as to the repairs or alterations which are required, the decision of the County Building Official shall be final. These inspections do not relieve any liability of the Owner or Operator for damages or injuries arising from or related to the project. The Planning Department or designee will inspect and determine compliance with zoning regulations and approved development plans and the Planning Department staff shall thereafter make appropriate report(s) to the BOCC for action, if any action is necessary. E. COMPLAINTS. If, after construction, the Applicant receives a written complaint related to interference caused by WECS with local broadcast residential television, telecommunication, communication or microwave transmissions, the Applicant shall resolve the complaint. F. AS-BUILT PLANS. The Applicant shall deliver to the Planning Department and to all providers of emergency services serving the project area a copy of the as-built site map. Upon request by the local fire department, the Applicant shall cooperate with the local fire department to develop or update the fire department’s emergency response plan. Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations. G. RECORD OF GROUND DISTURBANCE AND ROAD USAGE. On completion of construction the Applicant shall submit to the County Road Department a site map detailing all ground disturbed through construction activity, surface and subsurface as-built infrastructure and all routes over which trucks and equipment traveled. The scale and format of the submitted map shall conform to the County Road Departments specifications. H. LIABILITY FOR DRAINAGE. For a period of five years following the completion of construction the Applicant shall be liable for all costs of repair to County drain tiles, regulated drains and ditches and other County regulated surface and subsurface structures and private tiles located in the public right of way within fifty (50) feet of the routes and disturbed ground. This period shall be extended for any damages occurring as a result of operations, replacement or maintenance of the project after the five-year period. I. ABANDONMENT. A WECS or any individual WECS Tower constituting a portion of the project is presumed at the end of its useful life and/or abandoned if the WECS or the individual WECS Turbine generates no electricity for a continuing period of twelve (12) months. This presumption may be rebutted by submitting to the BOCC for approval and within ninety (90) days of submission obtaining approval thereof of a plan outlining the steps and schedules for returning the WECS or individual turbine to service. Any WECS or individual turbine or which pursuant to the terms hereof has either reached the end of its useful life and/or is abandoned pursuant to the terms hereof shall be subject to removal pursuant to the Decommissioning Plan. ---PAGE BREAK--- Page 32 of 33 J. UNSAFE STRUCTURES. Any WECS, WECS Tower, or structure thereof declared to be unsafe by the County Building Official or the County Code Compliance by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation within 12 months or be deemed abandoned and at the end of its useful life and subject to Decommissioning. Nothing herein prevents the County Building Official or Code Compliance Officer from issuing an immediate cease use order as to any structure that he or she determines is unsafe during the repair or rehabilitation period. 17.10.330 POST CONSTRUCTION MODIFICATIONS: Any post-construction proposed non-material modifications, alterations, expansions, or changes of any type or size to the Final Development Plan must be approved by the BOCC. All material post construction proposed changes must apply in the same way as a new project. The Planning Director shall have the authority and discretion, considering all relevant factors to determine whether the proposed post-construction change is material. 17.10.340 NO PREEMPTION: Nothing in this Ordinance is intended to preempt other applicable state and federal laws and regulations, except to the extent this Ordinance provides higher or more stringent standards. 17.10.350 ENFORCEMENT AND PENALTIES: A. Any person, firm, or corporation who, after fourteen (14) days of receiving written notification of violation of any of the provision(s) of this chapter, knowingly continues to violate said provision(s) of this chapter is guilty of a misdemeanor. B. Each such person is guilty of a separate offense for each and every day or portion thereof during which violation of any of the provisions of this chapter is committed, continued, or permitted. C. Upon conviction of any violation of this chapter, such person(s) shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months in the County Jail, or by both such fine and imprisonment. D. Any building or structure hereafter set up, erected, built, moved or maintained or any use of property hereafter contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the County may immediately commence action or actions, proceeding or proceedings, for the abatement thereof in a manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting, building, moving and maintaining any such building or structure, or using any property contrary to the provisions of this chapter. E. Unpermitted Work and Use of the Property: 1. Any building or structure hereafter set up, erected, built, moved or maintained or any use of property hereafter contrary to the provisions of this chapter without the required approvals shall be subject to and the persons, firms, companies, partnerships or corporations responsible for a violation of this Code shall pay a violation fee in addition to the required application fee, as well as be subject to any other applicable enforcement measures provided in this chapter of the Nye County Code. The violation fee shall be up to four times the amount of the land use application fee as set forth in the adopted fee schedule. The payment of such violation fee shall not exempt any persons, firms, companies, partnerships, or corporations from compliance with other provisions of this code nor from any other penalty prescribed by law. For the purpose of this chapter a firm is defined as a business made up of two or more, in any combination, of the following: persons, companies, partnerships or corporate entities. 2. The planning department may, in considering the amount of the violation fee to assess, take into consideration whether the zoning administrator or their designee has determined that a permit application has been pursued in a timely manner and in good faith by the persons, firm or corporation responsible for a violation of this Code, and whether the assessment of a reduced violation fee is in the best interest of County. F. Withhold Permit/Application: ---PAGE BREAK--- Page 33 of 33 1. County may deny or withhold all permits, certificates, applications, or other forms of authorization on any land or structure or improvements upon a determination that there is an uncorrected violation of a provision of this Code or of a condition or qualification of a permit, certificate, application, approval, or other authorization previously granted by provision shall apply regardless of whether the current owner or Applicant is responsible for the violation in question. 2. County may deny or withhold all permits, certificates, applications, or other forms of authorization on any land or structure, or improvements owned or being developed by persons, firms, companies, partnerships, or corporations who own, develop, or otherwise cause an uncorrected violation of a provision of this code or of a condition or qualification of a permit, certificate, application, or other authorization previously granted by County. This provision shall apply regardless of whether the property for which the permit or other approval is sought if the property in violation. 3. County will expediently address any withheld applications with Applicant within three working days after receiving an application, pursuant to NRS 278.02327. G. Appeals: Any person who is aggrieved by a final decision of the BOCC may appeal that decision to the District Court by filing a petition for judicial review within twenty-five (25) days after the date of the filing of notice of the decision with the Clerk of the BOCC. SEVERABILITY: If any provision of this ordinance or amendments thereto, or the application to any person, thing or circumstance is held to be invalid, such invalidity shall not affect the validity or provisions or applications of the ordinance or amendments thereto which can be given effect without the invalid provision or applications, and to this end the provision of this ordinance and amendments thereto are declared to be severable, CONSTITUTIONALITY. If any section, clause, or phrase of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provision of this ordinance shall continue in full force and effect. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the day of 2024. Proposed on the day of 2024. Proposed by: Adopted on the day of 2024. Vote: Ayes: Commissioner(s): Nays: Commissioner(s): Absent: Commissioner(s): Debra Strickland, Chair Cori Friedhof Nye County Board of County Clerk and Ex-Officio Commissioners Clerk of the Board