Applications for wind measurement towers.
An application for a wind measurement tower shall include:
A. The name, address, and telephone number of the applicant, if the applicant is represented by an agent, the application shall include the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
B. The name, address, and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.
C. The address of each proposed tower site, including Tax Map section, block, and lot number.
D. A site plan.
E. A decommissioning plan, based on the criteria in this section for WECD, including a security bond or cash for removal.
Liability insurance.
Prior to issuance of a building permit for a WECD and continuing after construction until such facility is removed from the site, on an annual basis the applicant shall provide documentation satisfactory to the Town of the existence of liability insurance coverage with reasonable limits as set by the Planning Board in consultation with the Town's insurance advisor, for property damage, injury or death resulting from the construction, placement, use, maintenance or operation of a WECD by the owner of the site. The Town of Chili is to be named as additional insured for all required insurance policies.
Removal of WECD facilities.
A. Upon approval of a special use permit for the construction of a WECD, the applicant shall provide and maintain a performance letter of credit issued by a surety provider licensed in New York State in a form acceptable to the Town or such other security acceptable to the Town for the removal of the WECD and associated facilities and property restoration in an amount acceptable to the Town Board.
B. When a special use permit is renewed or modified, the Town Board may adjust the required amount of the letter of credit to adequately cover increases in the cost of removal of the WECD and property restoration.
C. The owner of the site shall notify the Town, in writing, 30 days prior to the discontinuance of the use of such facility. Failure to notify the Town and/or remove the obsolete or unused WECD or facility in accordance with this article shall be a violation of this chapter and shall be enforced in accordance with this Zoning Chapter. Unused WECD and accessory structures shall be removed from any site within six months of the discontinuance of the use thereof. Removal shall include removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, removal of all access roads, restoration of the soil, and restoration of vegetation and finished grade within six months of the end of the project life or facility abandonment.
D. Prior to Planning Board approval, the applicant for all MWECD and LWECD shall submit a decommissioning plan describing the intended disposition of the WECF at the end of their serviceable life or upon becoming discontinued. The plan shall describe at a minimum the following:
(1) Any agreement with the landowner regarding equipment removal upon lease termination.
(2) Provisions for the removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, removal of all access roads, restoration of the soil, and restoration of vegetation and finished grade within six months of the end of the project life or facility abandonment.
(3) The anticipated cost of removing the WECF and the financial resources that will he available to pay for the decommissioning.
(4) The cost estimate(s) shall be provided by a competent party, such as a New York State licensed professional engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning.
E. The owner of the site will provide the Town, written annual reports indicating the energy generation activity of any MWECD or LWECD. Reports are due on or before the 15th month following the issuance of certificate of occupancy from the Building Department for any MWECD or LWECD and every 12 months thereon after for the life of the MWECD or LWECD.
F. Any WECD found not to be in operation for more than six consecutive months, will he deemed discontinued and must be removed from the site at the owner's expense.
G. Any discontinued WECD must be removed from the site within 90 days. Failure to remove any WECD within 90 days may result in the Town contracting to have the device/s removed at the site owner's expense.
