Section 45-25-260 – Applicability.
Section 45-25-260 Applicability. This part shall only apply in DeKalb County. (Act 2015-348, §1; Act 2015-387, §1.)
Section 45-25-260.01 – Definitions.
Section 45-25-260.01 Definitions. For the purposes of this part, the following words shall have the following meanings: (1) DECIBEL. The unit of measure for sound pressure using dBA scale. (2) FINANCIAL ASSURANCE. Any assurance provided in accordance with acceptable financial assurance instruments, which include an escrow account, performance bond, or cash. (3) LICENSED ENGINEER. A […]
Section 45-25-260.02 – Permit Required.
Section 45-25-260.02 Permit required. (a) It shall be unlawful to construct, erect, install, alter, operate, or locate a wind energy conversion system in DeKalb County without first obtaining a permit from a local governing body of DeKalb County. (b) The property upon which the wind energy conversion system is proposed to be located shall be […]
Section 45-25-260.03 – Adoption of Rules, Laws, or Ordinances.
Section 45-25-260.03 Adoption of rules, laws, or ordinances. Each local governing body of DeKalb County may adopt rules, laws, or ordinances governing the construction, installation, and operation of a wind energy conversion system, including the permit application process as provided in Section 45-25-260.02. At a minimum, the rules, laws, or ordinances shall address the following: […]
Section 45-25-260.04 – Financial Assurances.
Section 45-25-260.04 Financial assurances. (a) An applicant shall maintain financial assurance in an amount equal to the costs associated with the reclamation plan and the removal of abandoned or unused wind energy conversion systems. (b) In addition to the financial assurance required in subsection (a), an applicant shall maintain financial assurance in the amount of […]
Section 45-25-260.05 – Certification, Safety, and Setback Requirements.
Section 45-25-260.05 Certification, safety, and setback requirements. (a) The safety of the design of all conversion system towers shall be certified by a licensed engineer with prior experience with wind energy conversion systems. The standard for certification shall be good engineering practices, including the requirement that the systems comply with all building and electrical codes […]
Section 45-25-260.06 – Abandonment and Removal of System or Tower.
Section 45-25-260.06 Abandonment and removal of system or tower. A wind energy conversion system or tower that does not operate continuously for 365 consecutive days may be deemed abandoned and shall be removed by the operator of the system. The permit holder may request that the local governing body of DeKalb County delay the designation […]
Section 45-25-260.07 – Construction of Part.
Section 45-25-260.07 Construction of part. This part shall not interfere with, abrogate, or annul any covenant or other agreement between any parties. However, if this part imposes a greater restriction upon the use of a wind energy conversion system than is imposed by another law, rule, regulation, covenant, or agreement, the more restrictive provision shall […]
Section 45-25-260.08 – Jurisdiction and Regulation of Public Service Commission.
Section 45-25-260.08 Jurisdiction and regulation of Public Service Commission. To the extent that any applicant or owner of a wind energy conversion system undertakes business activities that cause it to be a utility or a commission non-jurisdictional electric supplier, the applicant or owner shall be subject to the jurisdiction and regulation of the Alabama Public […]