A. The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines.
B. The wind energy facility or individual wind turbines will be presumed to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.
C. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. The owner or operator shall deposit in the Agency Fund approved by City Council a sum equal to the cost of said removal and restoration of the site.
D. Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
E. If the facility owner or operator fails to complete decommissioning within the period prescribed by division A. above, then the landowner shall have six months to complete decommissioning.
G. In cases involving a failure by the owner or operator to implement and complete a decommissioning plan, the City may proceed in the decommissioning of the facility using the funds in the Agency Fund approved by City Council.
(Ord. 2011-32. Passed 3-7-11.)