Prior to receiving siting approval under this text, the Village and the applicant, owner and/or operator must formulate a written decommissioning plan to ensure that the WECS project is properly decommissioned. This plan shall include:
(a) Provisions describing the triggering events for decommissioning the WECS project which shall include the following language: Any wind turbine generator or anemometer tower that is not operated a continuous period of 12 months shall be considered abandoned, unless due to documented maintenance or electrical grid issues and written notice provided to the Village Solicitor, and the owner or operator of such wind turbine generator or anemometer tower shall remove the same within 180 days of receipt of notice from the Village, in addition to removing the wind turbine generator, or anemometer tower to its original condition prior to the location of the wind turbine generator or anemometer tower. Any foundation associated with a wind generator or anemometer tower shall be removed from the site to a depth which is at least 48 inches below restored ground level and the site restored to its original state, including the planting of any grasses or cover crops, which may have been present prior to construction. All transmission equipment, buildings and fences shall also be removed. Failure to remove an abandoned wind turbine generator or anemometer tower within the 180-day period provided in this division, or in the event that the owner or operator of the wind turbine generator or anemometer tower is no longer financially capable, or fails to respond to mail sent to its last address on file with the Village, shall be grounds for the Village to remove the wind turbine generator or anemometer tower structure and all associated equipment or appurtenances at the owner or operator's expense. The Village may sell any salvageable material; deduct the balance due from the surety bond, which the Village shall require;
(b) Provisions for the removal of structures, debris and cabling, including those below the soil surface;
(c) Provisions for the restoration of the soil and vegetation;
(d) An estimate of the decommissioning costs certified by a licensed Ohio professional engineer;
(e) Financial assurance in the form of a surety bond of at least twenty thousand dollars ($20,000) for each tower, secured by the owner or operator, for the purpose of adequately performing decommissioning or in an amount equal to the Zoning Enforcement Officer/Village Administrator's certified estimate of the decommissioning cost, whichever is greater.
(f) The Zoning Enforcement Officer/Village Administrator shall be notified by the owner or operator as to the renewal of the surety bonds on an annual basis.
(g) A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assignees or heirs.
(h) A provision that the Village shall have access to the site, pursuant to reasonable notice, to effect or complete decommissioning.
(Ord. 1636. Passed 4-19-10.)