(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 Occupancy for a wind turbine, or not more than ninety (90) days prior to that date, the permit holder for such wind energy facility shall submit to the Director of Building and Housing an affidavit that verifies continued operation of the wind turbine use and compliance with all requirements of this chapter and other applicable governmental regulations.
(b) Abandonment.
(1) Performance Bond. At all times the holder of a permit for a ground-mounted 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 Director of Building and Housing and the Director of Law. On each biennial anniversary of the issuance of the Certificate of Occupancy for a wind turbine, or not more than ninety (90) days prior to that date, the permit holder shall provide to the Director of Building and Housing proof that the performance bond requirements of this section are met. The requirement for a performance bond or equivalent financial instrument shall not apply in the case of a wind turbine that does not exceed thirty-five (35) feet height.
(2) Notice. Not less than thirty (30) days after abandoning or discontinuing operation of a wind turbine, the permit holder shall send written notice of this fact to the Director of Building and Housing.
(3) Removal. If use of a wind turbine has been discontinued for one hundred eighty (180) consecutive days, the facility shall be deemed abandoned. Within ninety (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. No. 458-09. Passed 6-8-09, eff. 6-12-09)