(A) At such time that a small wind energy system is scheduled to be abandoned or discontinued, the applicant will notify the village by certified U.S. mail of the proposed date of abandonment or discontinuance of operations.
(B) (1) Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuance of use. This period may be extended at the request of the owner at the discretion of the Village Board of Trustees.
(2) For the purpose of this section, PHYSICALLY REMOVE shall include, but not be limited to:
(a) Removal of the wind turbine and tower and related aboveground structures; and
(b) Restoration of the location of the small wind energy system to its natural condition, except that any landscaping, grading or below grade foundation may remain in the after conditions.
(C) In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous 12-month period. After the 12 months of non-service or inoperability, the Village Board of Trustees may issue a notice of abandonment to the owner of the small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Village Board of Trustees shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.
(D) If the owner fails to respond to the notice of abandonment, or if after review and a determination by a designated member of the Board of Trustees that a small wind energy system has been abandoned or discontinued, the owner of the small wind energy system shall remove the wind turbine and tower at the owner’s sole expense within three months of receipt of the notice of abandonment. If the owner fails to physically remove the small wind energy system after the notice of abandonment procedure, the village shall have the authority to enter the subject property, physically remove the small wind energy system and assess the cost of removal to the property upon which the system was located in the manner provided for assessing nuisance abatement costs.
(Prior Code, § 9-805)