(A) Abandonment and/or decommissioning. Wind turbines, wind energy facilities, and all associated equipment and buildings which have not been used for a continuous 24 months from the last day of any known transmission of energy shall be deemed abandoned and shall be removed from the site per the decommissioning plan. Maintenance events which require extended periods of time beyond a 24-month period shall be brought to the attention of the Building Inspector.
(B) Security fund. The wind energy facility owner shall establish a cash security fund, bond or irrevocable letter of credit to secure the payment of removing any abandoned wind energy facility, including the wind turbines and associated equipment and buildings that have been determined to be abandoned or found to be in noncompliance with this chapter, and to provide the town with a fund from which to deduct fines and penalties for noncompliance with this chapter or other applicable laws in the amount of 125% of the cost of construction of the wind energy facility based upon a licensed engineer’s estimate of the cost of construction. Any reduction in the security fund provided because of deductions of fines, penalties, or removal costs shall be replenished to the total of the required amount within 30 days after notice from the town of the amount deducted and the deficiency created hereby. Within a reasonable period of time, not to exceed 3 months after the wind turbine facility is removed, any remaining funds on deposit with the town pursuant to this chapter, after application and above all expenses provided for herein, shall be refunded to the appropriate owner or provider who created the security fund.
(Ord. 1221, § 9.04F., passed 1-26-2010)