Maintenance of facilities; decommissioning; abandonment

A. All permitted wind turbines shall be maintained in good working condition. Maintenance shall include painting, structural repairs, and the integrity of security and life safety measures. A report demonstrating compliance with an acceptable maintenance schedule shall be submitted annually to the Building Official on the anniversary of the issuance of the building permit as part of an annual safety certification process.
B. An applicant for a wind energy facility project shall be required to post a bond of a type, of a duration, and in an amount to be determined by the Town.
C. When a wind energy system is scheduled for decommissioning, the applicant shall notify the Town by certified mail of the proposed date of discontinued operation and plans for removal. The owner/operator shall remove the entire wind system no more than 150 days after the discontinuation.
D. At the time of removal, the wind energy facility site shall be restored to its state from before the facility was constructed. Removal shall include all associated equipment, with appropriate disposal of any hazardous materials. Stabilization and revegetation of the site shall occur as necessary to minimize erosion. The Zoning Officer may allow the owner to leave established vegetation and possibly below-grade foundations where they would minimize erosion and limit site disturbance.
E. The owner/operator of a facility shall implement current industry practices during removal to ensure minimal adverse impacts on the public health, safety and welfare. Environmental impacts shall also be minimized, with appropriate notice to state regulatory agencies as required.
F. After 12 months or one year of inoperability of any wind energy system, the Zoning Officer may reasonably determine the system to be abandoned and shall issue a notice of abandonment to the property owner. The owner shall have the right to respond to the notice within 30 days of receipt. Abandonment constitutes the voiding of any special use permit granted for a wind energy project on site.
G. Should the property owner fail to respond to the notice of abandonment, the Zoning Officer shall allow 90 days from original receipt of the notice to accommodate complete physical removal of the offending wind energy system. If the system is not removed within 90 days, the Zoning Officer may impose the penalties outlined in § 260-79, Violations and penalties, of this chapter or will seek all available legal remedies through a court of competent jurisdiction.
H. The owner of an abandoned or decommissioned wind energy facility shall remove the turbines, towers, bases and associated structures and components. If the owner fails to do so, the Town, through the Zoning Officer, shall pursue all legal remedies available to it and/or seek satisfaction through the posted bond and/or place a lien against the property. The Town reserves the right to salvage the wind facility demolition debris to defray the cost of demolition and site stabilization.