Text · page 21 of 86
Read the whole document on one page (all 86 pages, each with its own heading)
applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code reinspected, and found satisfactory as completed. D. At the completion of construction, the applicant shall have an engineer inspect and certify (PE stamped) that the project has been constructed in accordance with all required standards and in accordance with Village approvals. §225-36-1 1 Ownership changes (Tier 2). A. If the owner (or lessee) of the battery energy storage system changes or the owner of the property changes, the special use permit and/or operating permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of any special use permit operating permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Village of Orchard Park of such change in ownership or operator within 20 days of the ownership change. A new owner or operator must provide such notification to the Village in writing. B. The successor owner or operator shall assume, in writing, all of the obligations within the decommission plan. Proof of acknowledgement of the decommission plan and proof of bond may be requested by the Village at time of ownership change. The new owner should sign the acknowledgement regarding the costs exceeding the bond. The special use permit and/or operating permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Village in the required time frame. Reinstatement of a void special use permit and/or operating permit will be subject to the same review and approval processes for new applications under this article. §225-36-12 Enforcement; Penalties for offenses. A. This section shall be enforced by the Village Code Enforcement Officer. (1) Any person owning, controlling, or managing any building, structure or land who shall undertake an energy storage system in violation of this section, or who operates such facility in noncompliance with the terms and conditions of any permit issued pursuant to this section, shall be guilty of a violation and subject to a fine of not more than $3,000 or to imprisonment for a period of not more than 15 days, or to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. (2) The Code Enforcement Officer may, after notice of violation, enter into a consent order with the applicant/owner/operator to remedy the violation with specifications to be taken and an agreed schedule. B. Special proceeding. In addition to any other remedy, the Village Board may institute an action or proceeding in equity, correct or abate any unlawful construction, erection, structural alteration, reconstruction, modification and/or use of a battery energy storage system, and shall be entitled to injunctive relief, including a temporary restraining order and a temporary injunction as the court deems appropriate. BESSs requiring an operating permit shall be required to