10/15/2007 Annual Town Meeting - Laserfiche WebLink

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(3) Clear Area, as defined in Subsection 174-45.5.13., shall be no less than ten (10) feet. (4) The wind turbine shall conform to FAA Safety Standards, as amended. Condemnation (1) Upon a finding by the Building Inspector that the WECF has been abandoned or has been left in disrepair or has not been maintained in accordance with the approved maintenance plan, the owner of said WECF shall be notified in writing by certified mail that the WECF shall be brought up to standard. If required repairs or maintenance are not accomplished within 45 days of the date of said notification, the WECF shall be deemed condemned and shall be removed from the site within 90 days thereafter. The aforementioned periods of time may be extended at the request of the owner and, at the discretion of the Building Inspector. "Removed from site" shall mean: (a) Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property; (b) Proper disposal. of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations and (c) Restoration of the location of the wind energy conversion facility to its natural condition, except that landscaping and grading may remain in the after condition at the discretion of the SPCA. (2) If an applicant fails to remove a WECF in accordance with the provisions of this section, the Town shall have the authority to enter the subject property and physically remove and dispose of the facility. As a condition of the special permit, the SPCA may require the applicant to provide a cash escrow account at the time of construction to cover the costs of removal from the site, as specified in Subsection (1) above, in the event said removal must be done by the Town. The amount of such escrow shall be equal to 150 percent of the cost of removal and disposal of the WECF and restoration of the site. The applicant shall submit a fully inclusive estimate of said costs as part of the special permit application. The escrow account shall be maintained by the Town until the WECF is removed by the applicant to the satisfaction of the Building Inspector or until, after due notice to the applicant pursuant to this by-law, the SPGA determines that the applicant has failed to take 39