(A) Plan, generally. Prior to receiving an improvement location permit or building permit, or siting approval under this chapter, the county and the applicant, owner, and/or operator shall formulate a decommissioning plan outlining the anticipated means and cost of removing a WECS at the end of their serviceable life or upon becoming a discontinued or abandoned use to ensure that the WECS is properly decommissioned.
(B) Content. A decommissioning plan shall include, at a minimum, language to the following.
(1) Assurance. The applicant shall provide written assurance that the facilities will be properly decommissioned upon the project life or in the event that the facility is abandoned.
(2) Cost estimates. The applicant shall provide a contractor cost estimate for the demolition and removal of the WECS facility. The cost estimates shall be made by a competent party: such as a professional engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning WECS.
(3) Financial assurance. The applicant will provide financial assurance in an amount at least equal to said demolition and removal contractor cost estimate, through the use of a bond, letter of credit, or other security acceptable to the county, for the cost of decommissioning each tower and related improvements constructed under the permit. Said security will be released when each tower is properly decommissioned, as determined by the County Building Inspector.
(4) Future re-evaluations. Any decommissioning plan shall be re-evaluated no less than every five years and submitted to the County Commissioners for approval.
(C) Discontinuation and abandonment.
(1) Discontinuation. All WECS shall be considered a discontinued use after one year without energy production unless a plan is developed and submitted to the County Board of Zoning Appeals outlining the steps and schedule for returning the WECS to service.
(2) Abandonment by the owner or operator. In the event of abandonment by the owner or operator, the applicant will provide an affidavit to the County Plan Commission representing that all easements for wind turbines shall contain terms that provide financial assurance, including access to the salvage value of the equipment, for the property owners to ensure that facilities are properly decommissioned within one year of expiration or earlier termination of the project.
(D) Removal. An applicant’s obligations shall include the removal of all physical material pertaining to the project improvements to no less than a depth of four feet below ground level within 365 days of the discontinuation or abandonment of the facility, and restoration of the project area to as near as practicable the condition of the site immediately before construction of such improvements by the owner, or by the county at the owner’s expense.
(E) Written notices. Prior to implementation of the existing procedures for the resolution of such default(s), the appropriate county body shall first provide written notice to the owner and/or operator, setting forth the alleged default(s). Such written notice shall provide the owner and/or operator a reasonable time period not to exceed 60 days, for good faith negotiations to resolve the alleged default(s).
(F) Costs incurred by the county.
(1) If the county removes a tower and appurtenant facilities, it may sell the salvage to defray the costs of removal.
(2) By approval, the permittee or granter grants a license to the county to enter the property to remove a tower pursuant to the terms of an approved decommissioning plan.
(Ord. 2022-02, passed 4-5-2022)