Cowley County, KS Concerning Wind Energy Facilities

Cowley County, KS, US

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Type: Resolution

Status: Adopted on 6/26/07

Source File: Click here

Text:

RESOLUTION NO. 2007-10
A RESOLUTION SETTING FORTH A GENERAL POLICY CONCERNING THE LICENSING, DEVELOPMENT, CONSTRUCTION, OPERATION AND DE-COMMISSIONING OF COMMERCIAL WIND ENERGY FACILITIES IN COWLEY COUNTY, KANSAS.

WHEREAS, the purpose of this resolution is to preserve and protect the public health, safety and general welfare and to promote the orderly land use and development of the unincorporated areas of Cowley County, Kansas; and

WHEREAS, it is the intent of the Board of County Commissioners of Cowley County to support and authorize the orderly development, construction and operation of one or more Commercial Wind Energy Facilities in designated areas of Cowley County, Kansas provided such facility is granted a nonexclusive license by the Board of County Commissioners of Cowley County and assurances are made for the proper and orderly construction of the wind energy generation facility including the operation and ultimate de-commissioning of the same with proper protection made for all county and township roads in Cowley County together with adequate protection of the environment and land on which any wind energy generation facility is constructed as well as lands adjacent thereto.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COWLEY COUNTY, KANSAS

l. No Commercial Wind Energy Facility as defined below shall be developed, constructed or operated on any land within the unincorporated area of Cowley County, Kansas before the operator thereof obtains a nonexclusive Commercial Wind Energy Project License approved and issued by the Board of County Commissioners of Cowley County, Kansas, specifying the minimum terms and conditions of the development, construction, operation and de-commissioning of any such Commercial Wind Energy Facility.

2. A Commercial Wind Energy Facility shall be defined as a wind energy conversion system equal to or greater than 40 kW in total name plate electric generating capacity comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers, that operate by converting the kinetic energy of wind into electrical energy to be used on-site or distributed into the electrical grid.

3. The Board of County Commissioners of Cowley County, Kansas, in accordance with K.S.A. 19-101 et seq may adopt such policies and procedures deemed appropriate and necessary by the Board of County Commissioners of Cowley County together with the appropriate licensing agreement to allow the orderly development, construction, operation and de-commissioning of one or more Commercial Wind Energy Facilities in Cowley County, Kansas.

4. No person, firm or corporation shall commence development, construction of or the operation of a Commercial Wind Energy Facility in the unincorporated area of Cowley County, Kansas, without first obtaining a nonexclusive Commercial Wind Energy Project License for the development, construction and operation of the same from the Board of County Commissioners of Cowley County, Kansas.

5. Any person, firm or corporation violating any of the provisions of this Resolution shall be deemed guilty of the commission of a Class A Misdemeanor and subject to the penalty provisions by law for the violation of the same.

If any provision of this resolution imposes restrictions different from any other resolution, rule or regulation, statute, or provision of law, the provision that is more restrictive or imposes higher standards shall control.