(a) Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a wind energy facility shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the certificate of compliance for a wind turbine, or not more than 90 days prior to that date, the permit holder for such wind energy facility shall submit to the Building Commissioner an affidavit that verifies continued operation of the wind turbine use and compliance with all requirements of this chapter and their applicable governmental regulations.
(b) Abandonment.
(1) Performance bond. At all times the holder of a permit for a wind turbine shall maintain a performance bond or equivalent financial instrument sufficient to cover the demolition and removal of the wind turbine. Such bond or other instrument shall be sufficient to guarantee full and faithful performance of the requirements of this chapter and shall be satisfactory to the Building Commissioner and the Law Director. On each biennial anniversary of the issuance of the certificate of compliance for a wind turbine, or not more than 90 days prior to that date, the permit holder shall provide to the Building Commissioner proof that the performance bond requirements of this section are met.
(2) Notice. Not less than 30 days after abandoning or discontinuing operation of a wind turbine, the permit holder shall send written notice of this fact to the Building Commissioner.
(3) Removal. If use of a wind turbine has been discontinued for 180 consecutive days, the facility shall be deemed abandoned. Within 90 days of abandonment, the permit holder or other responsible party shall remove the abandoned structures and shall restore the site to an attractive landscaped condition. If such actions are not taken, the City may cause the removal of all structures at the expense of the permit holder or other responsible party.
(Ord. 9662-2010. Passed 8-17-10.)