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(1) Alternative Energy System Permit Required.

a. Building Permit Application. Building permits shall be required for all Alternative Energy Systems. Applications for an Alternative Energy System permit shall be made to the West Valley City Community and Economic Development Department. All applications shall include the following documentation:

i. Engineered Drawings. The building permit application shall include standard drawings of the Alternative Energy System and stamped engineered drawings of the tower, base, footings, supports, and/or foundation as provided by the manufacturer. The engineered drawings shall include productive capacity of Alternative Energy Systems and wind loads for Wind Energy Systems.

ii. Site Plan. The building permit application shall include a Site Plan that includes the following elements.

1. The Site Plan shall include a date, North arrow and appropriate scale to reflect adequately the detail necessary to describe the location and Use. The plan shall be accurate in terms of scale and dimensions;

2. The Site Plan shall include the locations of existing property lines, public or private Rights-of-way, and public roads.

3. The Site Plan shall include the dimensions and locations of existing improvements, including but not limited to, Buildings and Structures, Fences and overhead utility lines.

4. The Site Plan shall include the dimensions and locations of existing or proposed Alternative Energy Systems, associated components, security Structures, Fences, and support Structures.

iii. Utility Notification. The building permit application shall include evidence that the relevant electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

b. Fire and Emergency Access. Alternative Energy Systems shall be located on the property such that they will not pose a danger to emergency Personnel or equipment. Small Wind Energy Systems shall not be roof-mounted on a side that is dedicated to emergency equipment or Personnel access and the side of a Building where emergency service resources are located. The West Valley City Fire Department or designee shall review Alternative Energy System Permit plans and determine potential hazards to emergency Personnel and equipment.

c. Small Wind Energy System Permit Limit. In any Residential Zone, no more than one (1) Small Wind Energy System permit shall be allowed concurrently on a parcel or Lot. Parcels and Lots over one (1) acre shall be exempt from this limit.

d. Meteorological Tower (Met Tower). A Meteorological Tower shall be treated herein as a Small Wind Energy System.

e. Modifications. Any physical modification to an existing and permitted Alternative Energy System that alters the size and/or type of components or other equipment shall require a permit modification under this ordinance. Replacement of parts on an already permitted system shall not require a permit modification.

f. Expiration. A permit issued pursuant to this ordinance shall expire if:

i. The Alternative Energy System is not installed and functioning within six (6) consecutive months from the date the permit is issued; or

ii. The Alternative Energy System is abandoned.

g. Violations. It is unlawful for any Person to construct, install, alter or operate an Alternative Energy System that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.

h. Administration and Enforcement.

i. This ordinance shall be administered and enforced by the West Valley City Chief Building Official or their designee.

ii. The Chief Building Inspector or their designee may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.

(2) Compliance with Laws, Ordinances, and Regulations. The construction and operation of all Alternative Energy Systems shall be consistent with all applicable local, state, and federal requirements, including all applicable safety, construction, building, environmental, electrical, communications, and FAA aviation requirements. Alternative Energy Systems shall comply in all respects with building and electrical codes contained in the International Building Code, International Residential Code and National Electric Code as adopted by West Valley City.

(3) Site Conditions and Property Maintenance.

a. Land Clearing, Soil Erosion, and Habitat Impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the Alternative Energy System and is otherwise prescribed by applicable laws, regulations and ordinances. Once the system is operational, any land that has been disturbed and is not necessary for the functioning of the system shall be reclaimed with natural vegetation immediately. Soil erosion is to be mitigated such as by the use of silt fencing, the captured product of which can be used in the vegetation reclamation.

b. System Conditions. The Applicant shall maintain the Alternative Energy System in good and operable condition. Maintenance shall include, but not be limited to, painting, mechanical/electrical repairs, structural repairs, and security measures including security fencing.

c. Removal and Decommissioning Requirements. Any Alternative Energy System, which has reached the end of its useful life or has been abandoned, shall be removed.

i. An Alternative Energy System shall be considered abandoned when it fails to operate within the past twelve (12) consecutive months.

ii. Upon a Notice of Abandonment issued by West Valley City, the Alternative Energy System Owner shall have sixty (60) days to provide sufficient evidence that the system has not been abandoned. If the system has not been removed or proven not to be abandoned after this period, the Alternative Energy System may be abated by West Valley City in accordance with the procedures in Title 10 of West Valley City Code.

iii. Once the Alternative Energy System has been removed, the Owner is then responsible for land reclamation using the natural vegetation types that were removed or disturbed upon construction of the project. To the greatest extent possible, the land shall be fully returned to its natural state within twelve (12) months of the removal and decommissioning of the project. A reclamation bond may be required for larger systems.