§ 25A06  UNUSED OR ABANDONED WIND TURBINES.
   (A)   Any wind turbine which has been abandoned shall be removed. Abandonment shall be presumed if the wind turbine is not operated for a period of 60 days or more. This presumption may be rebutted by submission of a letter or other signed document from the owner to the Building Official which satisfactorily states the reasons for cessation of operation and plans for restoring operation, including an estimated time for repairs or other work necessary.
   (B)   At least 30 days before a large- tower wind turbine is scheduled to be decommissioned, the owner shall notify the Building Official by certified mail of the proposed date of discontinued operations and plans for removal. The owner is responsible for securing any necessary state and local permits prior to dismantling the wind turbine.
   (C)   Abandoned wind turbines, including towers and their base or foundation and all associated structures and components, shall be physically removed from the site. Medium-tower and wind turbines shall be removed within 90 days from cessation of operation. If the owner fails to remove the wind turbine in accordance with the requirements of this section, the town shall have the authority to enter the property and physically remove the wind turbine. In that case, the owner of the wind turbine shall be responsible for removal costs incurred by the town, and the obligation shall be recorded in the Land Evidence Records as a lien against the property.
   (D)   When a turbine is removed, the site shall be restored to the state it was in before the wind turbine was constructed. If applicable, solid and hazardous waste generated by the wind turbine shall be disposed in accordance with local and state waste disposal regulations, and the site shall be stabilized and vegetation planted to minimize erosion. The owner is responsible for securing any necessary state and local permits prior to dismantling the wind turbine.
(Ord. passed 2-16-10; Am. Ord. 2012-14, passed 9-17-12)