fenced boundary prior to construction shall be furnished to the DMMPC
Executive Director, and any other person designated and authorized by the
County Commissioners. It shall be the responsibility of the applicant, owner
and/or operator to obtain any variance required by such change and to comply
with any other requirement necessitated by such change. Any variance required
by this Section shall be obtained prior to construction or implementation of such
change.
2. Damages to waterways
Damages to drainage ditches, field tiles, or other drainage related infrastructure and their
connections caused by the construction, installation, or maintenance of a solar facility system
must be completely repaired by the project owner or remedied with the installation of new
drainage infrastructure so as to not impede the natural flow of water. All repairs must be
completed within a reasonable period of time and:
a.
to the satisfaction of the Delaware County Drainage Board
b.
as stated in an applicable lease or another agreement with the landowner;
subject to applicable federal, state and local drainage laws and regulations.
3. Sub-surface and surface drains (regulated and non-regulated).
a.
Damages, including but not limited to damming, cutting, removing, and
blocking, to surface, sub-surface drains, or any other drainage infrastructure, by
any cause connected with the project during construction, post construction,
while in operation, or before the decommissioning is complete, must be restored
by the solar facility owner to a condition that is equal to the preexisting
conditions after receipt of notice of such damage, unless such repair is rendered
impractical by weather or other natural force. The solar facility owner shall be
responsible for all expenses related to repairs, relocations, reconfigurations, and
replacements of drainage infrastructure and systems that are damaged.
b.
The solar facility owner shall post a surety bond in an amount determined by the
Drainage Board, payable to the Drainage Board to address any need for drainage
tile repair, replacement or rerouting caused by construction activities or
installation of the project, such bond to be posted within forty-five (45) days after
commencement of the construction of the solar facility and solar facility
facilities. The bond is to remain in effect for a period of fifteen (15) years after
the first day the SES is in operation. The Drainage Board shall determine and
adjudicate whether claims brought by an adjacent property owner for damage
and is a direct result from the project based on substantial evidence. The
Drainage Board may waive the posting of a bond or modify the requirements of
this Section.
c.
The owner, operator, and/or petitioner shall enter into an agreement with the
Drainage Board and County Surveyor to retain an appropriate inspector, at the