(a) At such time that a wind energy system is scheduled to be decommissioned or discontinued, the applicant will notify the City Chief Building Official by U.S. mail of the proposed date of discontinuation of operations.
(b) Upon decommission or discontinuation of use, the owner shall physically remove the wind energy system within ninety days from the date of decommission or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Administrative Officer. "Physically remove" shall include, but not be limited to:
(1) Removal of the wind energy system.
(2) Removal of any tower and other related above ground structure.
(3) Restoration of the location of the 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 decommissioned or discontinued if the system is out of service for a continuous two year period. After two years of inoperability, the City Chief Building Official may issue a notice of decommission to the owner of the wind energy system. The owner shall have the right to respond to the notice of decommission within thirty days of the date of receipt. The City Chief Building Official shall withdraw the notice of decommission and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been decommissioned.
(d) If the owner fails to respond to the notice of decommission or if after review by the City Chief Building Official it is determined that the wind energy system has been decommissioned or discontinued, the owner of the wind energy system shall remove the wind energy system, tower and other related above-ground structures at the owner's sole expense within three months of receipt of the notice of decommission.
(Ord. 2014-27. Passed 8-5-14.)