Prior to receiving a WECS construction permit or improvement location permit under this chapter and the Unified Zoning Ordinance, the applicant, owner and/or operator shall formulate a decommissioning plan approved by the Board of Commissioners providing for the method and payment of the anticipated cost of removing a WECS at the end of its serviceable life or upon its becoming a discontinued or abandoned use to ensure that the WECS is properly decommissioned.
(A) Content. A decommissioning plan shall include, at a minimum, the following:
(1) Assurance. Written assurance that the WECS will be properly decommissioned upon the expiration of its servicable life or in the event of its discontinuance or abandonment.
(2) Cost estimates. For all WECS except micro WECS, an estimate of the costs of decommissioning and removing the WECS upon the expiration of its useful life, or in the event of its discontinuance or abandonment. The cost estimates shall be made by a professional engineer, contractor, or other person with expertise or experience in decommissioning and removal of WECS.
(3) Financial assurance. For all WECS except micro WECS, applicant will provide financial assurance in an amount not less than the estimated costof decommissioning and removing the WECS, in the form of a bond, letter of credit or other security acceptable to the Board of Commissioners, for the cost of decommissioning each WECS tower and related improvements constructed under the permit. Said security will be released when each WECS tower is properly decommissioned as determined by the Building Commissioner.
(4) Abandonment. Verification under penalties for perjury, that all easements and/or leases for the WECS contain terms that provide financial assurances to the property owners to ensure that the WECS are properly decommissioned within one year of the expiration of its serviceable life or in the event of its discontinuance or abandonment.
(B) Discontinuation and abandonment.
(1) Discontinuation. All WECS shall be considered abandoned and a discontinued use after one year without energy production, unless a plan is developed and approved by the Building Commissioner outlining the steps and schedule for returning the WECS to service.
(2) Removal. An applicant’s obligations shall include 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 WECS or WECS project, and restoration of the project area to as near as practicable the condition of the site immediately before construction of such improvements. Removal obligations shall be completed by the owner or by the county at the owner’s expense.
(3) Written notices. Prior to implementing procedures to resolve any alleged failure to comply with the decommissioning plan, 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, to resolve the alleged default(s).
(4) Costs incurred by the county. If the county removes a WECS tower and appurtenant facilities, it may sell the salvage to defray the costs of removal. Each permittee, by virtue of the issuance of its construction permit or inspection certificate grants a license to the county to enter the property and to remove all WECS towers and appurtenant facilities pursuant to the terms of its approved decommissioning plan.
(C) Declaration of public nuisance. Any WECS, structure or portion thereof declared to be unsafe by the County Building Inspector by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the approved decommissioning plan.
(Ord. 2010-02-CM, passed 4-5-10; Am. Ord. 2010-24-CM, passed 2-21-11)