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2011 033 Ordinance
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2011 033 Ordinance
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Last modified
11/19/2018 4:07:10 PM
Creation date
9/7/2018 5:55:05 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
033
Date
10/17/2011
Year
2011
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1391.12 DECOMMISSIONING. <br />(a) The facility owner and operator or Property Owner as applicable, shall, at their <br />expense, complete decommissioning of the wind energy facility, or individual wind <br />turbines within twelve (12) months after the end of the useful life of the facility or <br />individual wind turbines. <br />(b) The Wind Energy Facility or individual wind turbines will presume to be at the end of <br />its useful like if no electricity is generated for a continuous period of twelve (12) <br />months. <br />(c) Decommissioning shall include removal of wind turbines, buildings, cabling, <br />electrical components, roads, foundations to a depth of thirty-six (36) inches, and any <br />other associated facilities. <br />(d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in <br />writing that the access roads or other land surface areas not be restored. <br />(e) An independent and certified professional engineer shall be retained at the Facility <br />Owner or Operator's expense to estimate the total cost of decommissioning <br />(Decommissioning Costs) without regard to the salvage value of the equipment, the <br />cost of decommissioning net salvage value of the equipment (Net Decommissioning <br />Costs). Said estimates shall be submitted to the Village at the time of application and <br />thereafter on each biennial anniversary of the issuance of the Certificate of <br />Occupancy for the Wind Energy Facility. <br />(f) If the facility owner or operator fails to complete decommissioning within the period <br />prescribed by subsection (a) above, then the landowner shall have six (6) months to <br />complete decommissioning. <br />(g) If neither the facility owner or operator, nor the landowner complete <br />decommissioning within the periods prescribed by subsection (a) and (f) above, then <br />the Village may take such measures as necessary to complete decommissioning. The <br />landowner shall promptly reimburse to the Village, and in any event within thirty (30) <br />days of the Village's demand, all costs associated with the Village's <br />decommissioning of a Wind Energy Facility. Said costs maybe certified to the <br />county fiscal officer as a lien upon the property should the landowner fail to <br />promptly reimburse the Village within the time frame set forth above. <br />1391.13 PUBLIC INQUIRIES AND COMPLAINTS. <br />The facility owner and operator shall maintain a telephone number and identify a <br />responsible person for the public to contact with inquiries and complaints throughout the life of <br />the project. <br />9 <br />
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