(a) Each local governing body of Cherokee County shall 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 45-10-260.02. At a minimum, the rules, laws, or ordinances shall address the following:

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Terms Used In Alabama Code 45-10-260.03

  • following: means next after. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Submission of information in an application form requiring, at a minimum, an applicant to submit all of the following information:

a. The applicant’s and property owner’s name, address, and email address or telephone number.
b. A plot plan showing the location of the conversion system pole or tower, guy lines where required, guy line anchor bases, and the distance of each from all property lines.
c. A visual simulation of the proposed wind energy conversion system.
d. A reclamation plan that stipulates how the site will be restored to its natural state after it ceases to be operational.
(2) Procedures for notification to the public of the application.
(3) Conditions in the permit for all of the following:

a. Turbine types and designs.
b. Site layout and construction.
c. Operation and maintenance of the system, including the requirement to restore, to the extent possible, the area affected by the construction of the system to the natural conditions that existed immediately before construction of the system.
d. Revocation and suspension of a permit when violations of the permit or other requirements occur.
e. Payment of fees for the necessary and reasonable costs to the local governing body of Cherokee County, including a fee of one thousand dollars ($1,000) for each system, and all costs to the local governing body of Cherokee County to review the application, including any engineering fees, inspection fees, and attorney fees incurred for the duration of the permit.
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