A. Small Wind Energy Conversion Systems: Any SWECS found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards, or removed within six (6) months. If any SWECS is not operated for a continuous period of twelve (12) months, the city shall notify the landowner by registered mail that such SWECS is deemed abandoned, and provide forty five (45) days for a response. In their response, the landowner shall set forth reasons for the operational difficulty and provide a timetable for corrective action not exceeding six (6) months. If the corrective action is not completed within six (6) months, the city shall notify the landowner that such SWECS shall be removed within twelve (12) days of receipt of the notice.
B. Commercial Wind Energy Conversion Systems: A CWECS shall be considered a discontinued use after twelve (12) months without energy production, unless a plan is developed and submitted to the city outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed to four feet (4') below ground level within one hundred eighty (180) days of the discontinuation of use. Additional time may be granted upon acceptable proof of weather delays. Each CWECS shall have a decommissioning plan outlining the anticipated means and cost of removing CWECS at the end of their serviceable life or upon becoming a discontinued use. 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. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities. (Ord. 52-09, 10-19-2009)