Prior to receiving an improvement location permit and building permit under this subchapter, the county and the applicant, owner, and/or operator shall formulate a decommissioning plan outlining the anticipated means and cost of removing a WECS at the end of its serviceable life, or upon becoming a discontinued or abandoned use, to ensure that the WECS is properly decommissioned.
(A) Content. A decommissioning plan shall include, at a minimum, language to the following:
(1) Assurance. Written assurance that the WECS will be properly decommissioned upon the project life or in the event that the WECS project is abandoned;
(2) Cost estimates. The applicant shall provide a contractor cost estimate for demolition and removal of the WECS. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning WECS;
(3) Financial assurance. Applicant will provide financial assurance in an amount at least equal to said demolition and removal contractor cost estimate, through the use of a bond, letter of credit, or other security acceptable to the county, for the cost of decommissioning each WECS tower and related improvements constructed under the permit. Said security will be released when each WECS Tower is properly decommissioned, as determined by the county. Review of estimate cost shall be every five years and the financial assurance will reflect changes; and
(4) Abandonment by the owner or operator. In the event of abandonment by the owner or operator, the applicant will provide an affidavit to the county representing that all easements and/or leases for WECS towers shall contain terms that provide financial assurances, including access to the salvage value of the equipment, for the property owners to ensure that the WECS towers are properly decommissioned within one year of expiration or earlier termination of the WECS project.
(B) Discontinuation and abandonment. All WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Planning Department outlining the steps and schedule for returning the WECS to service.
(C) Removal. An applicant’s obligations shall include removal of all physical material pertaining to the project improvements to no less than a depth of four feet below ground level within 365 days of the discontinuation or abandonment of the WECS or WECS project, and restoration of the project area to as near as practicable the condition of the site immediately before construction of such improvements. Removal obligations shall be completed by the owner, or by the county at the owner’s expense.
(D) Written notices. Prior to implementation of the existing procedures for the resolution of such default(s), the appropriate county body shall first provide written notice to the owner and/or operator, setting forth the alleged default(s). Such written notice shall provide the owner and/or operator a reasonable time period, not to exceed 60 days, for good faith negotiations to resolve the alleged defaults.
(E) Costs incurred by the county. If the county removes a WECS tower and appurtenant facilities, it may sell the salvage to defray the costs of removal. By approval, the permittee or grantor grants a license to the county to enter the property to remove a WECS tower and appurtenant facilities pursuant to the terms of an approved decommissioning plan.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019)