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1160.09 USE OF PUBLIC ROADS <br />(a) The applicant shall identify all state and local public roads to be used within the City to <br />transport. equipment and parts for construction, operation or maintenance of the wind energy <br />facility. <br />(b) The City Engineer or a qualified third party engineer hired by the City and paid for by the <br />applicant, shall document road conditions prior to constructoon. The engineer shall <br />document road conditions again thirty (30) days after construction is complete or as weather <br />permits. <br />(c) The City may bond the road in compliance with state regulations. <br />(d) Any road damage caused by the applicant or its contractors shall be promptly repaired at the <br />applicant's expense. <br />(e) The applicant shall demonstrate that it has appropriate financial assurance to ensure the <br />prompt repair of damaged roads. <br />1160.10 LOCAL EMERGENCY SERVICES <br />(a) The applicant shall provide a copy of the project summary and site plan to local emergency <br />services, including the City Fire Deparhnent. <br />(b) Upon request, the applicant shall cooperate with emergency services to develop and <br />coordinate implementation of an emergency response plan for the wind energy facility. <br />1160.11 NOISE AND SHADOW FLICKER <br />(a) Audible sound from a wind energy facility shall not exceed limits set forth by Chapter 515 <br />in the Lakewood Codified Ordinances "Noise Control." <br />(b) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to <br />any occupied building on anon-participating landowner's property. <br />a. The Planning Commission may evaluate noise and shadow flicker when ruling on <br />applications for conditional use of wind generation facilities. <br />1160.12 WAIVER OF NOISE AND SHADOW FLICKER <br />(a) Non-participating landowners may waive the noise and shadow flicker provisions of this <br />Chapter by signing a waiver of their rights. <br />(b) The written waiver shall notify the property owner(s) of the sound or flicker limits in this <br />Chapter, describe the impact on the property owner(s), and state that the consent is granted <br />for the wind energy facility to not comply with the sound or flicker limit in this Chapter. <br />(c) Any such waiver shall be recoded in the Recorder of Deeds Office of the County where the <br />property is located. The waiver shall describe the properties benefited and burdened, and <br />