Decommissioning and abandonment.
§ 255-2080. Decommissioning and abandonment.
A. Prior to the issuance of a permit under this article, the applicant shall deposit, in the form of cash or a cash bond, with the municipality the full estimated cost of dismantling and removal of the wind energy facility, including the cost necessary to return the property to its pre-siting condition, which the municipality shall place in an escrow account. A wind energy facility that is not generating electricity for 12 consecutive months shall be deemed discontinued. In the event the facility has not generated electricity for a period of 12 months, the zoning official shall notify the owner or operator of the turbine that the turbine has been deemed abandoned. The owner/operator may then file an appeal of the zoning officer's decision to the Zoning Board and/or may request an extension of the period within which the facility must be dismantled. The filing of said appeal shall serve as a stay of the requirement to dismantle. The facility shall be removed from the property by the applicant/ owner within 120 days of receipt of notice from the Zoning Official unless an appeal has been filed. If, however, the wind energy facility is not removed within this time period, the municipality may remove the turbine at the applicant's expense, using the escrowed funds. These funds shall be used to pay all site reclamation costs deemed necessary and reasonable to return the site to it preconstruction condition, including the removal of roads and reestablishment of vegetation. If funds remain after the necessary expenditures, the municipality shall reimburse the applicant.
B. The amount of said decommissioning fund shall be calculated by an independent firm selected by the Town. The cost of this calculation shall be borne by the applicant. In the calculation of the decommissioning costs, a deduction of the overall cost shall not be reduced as a result of anticipated scrap metal recovery due to the volatility of the market.