73-08 Amend 1103.02 Wind Energy Facilities

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advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property. 1160.13 SIGNAL INTERFERENCE The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility. 1160.14 LIABILITY INSURANCE There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 Million per occurrence and $1 Million in the aggregate. Certificates shall be made available to the City upon request. 1160.15 DECOMMISSIONING (a) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within twelve (12) months after the end of the useful life of the facility or individual wind turbines. (b) The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. (c) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of thirty-six (36) inches, and any other associated facilities. (d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored. (e) An independent and certified Professional Engineer shall be retained to estimate the total cost of decommissioning ("Decommissioning Costs") without regard to the salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("Net Decommissioning Costs"). Said estimates shall be submitted to the City after the first (1) year of operation and every fifth (5) year thereafter. (f) The facility owner or operator shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs; provided, that at no point shall Decommissioning Funds be less than twenty-five (25} percent of Decommissioning Costs. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by the City. (g) Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of fmancial assurance as may be acceptable to the City.