A. 
A complete application for a wind energy permit for commercial WECS shall include the following:
(1) 
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 the original signature of the applicant authorizing the representation.
(2) 
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 application(s) and authorizing the submission of the application.
(3) 
Address, or other property identification, of each proposed tower location, including Tax Map section, block and lot number.
(4) 
A description of the project, including the number and maximum rated capacity of each WECS.
(5) 
A copy of an executed interconnection agreement with NYISO and the applicable transmission owner.
(6) 
A site plan prepared by a licensed surveyor or engineer drawn to a scale to be established by the Planning Board consistent with the size of the site and in sufficient detail to clearly describe the following:
(a) 
Property lines and physical dimensions of the site.
(b) 
Location, approximate dimensions and types of major existing structures and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed WECS site.
(c) 
Location and elevation of each proposed WECS.
(d) 
Location of all above- and belowground utility lines on the site as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures.
(e) 
Location and size of structures above 35 feet within a one-and-one-half-tower radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.
(f) 
To further demonstrate compliance with the setback requirements of this chapter, buffers shall be drawn around each proposed tower location in accordance with the requirements set forth in § 87-18A.
(g) 
Location of the nearest residential structure(s) on the site and located off the site, and the distance from the proposed WECS.
(h) 
All proposed facilities, including access roads, electrical substations, storage or maintenance units, and fencing.
(7) 
For each proposed WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. Include manufacturers' Material Safety Data Sheet (MSDS) documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants. Copies of the MSDS must be placed on file with the surrounding local fire departments, including the Fort Plain Fire Department, the South Minden Fire Department, the Canajoharie Fire Department, and the St. Johnsville Fire Department.
(8) 
Vertical drawing of each proposed WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each WECS of the same type and total height.
(9) 
Landscaping plan depicting existing vegetation and describing any areas to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations. The plan must be drawn to a scale established by the Planning Board consistent with the size of the site and in sufficient detail to clearly describe the existing and proposed vegetation.
(10) 
Lighting plan showing any FAA-required lighting and other proposed lighting. The application should include a copy of the determination by the Federal Aviation Administration to establish required markings and/or lights for the structure, but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted.
(11) 
Erosion and sediment control plan prepared to NYSDEC Phase II stormwater requirements.
(12) 
A construction schedule describing commencement and completion dates, including a traffic analysis with a description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.
(13) 
The applicant shall submit an operations and maintenance plan for the proposed facility which shall include:
(a) 
A regular periodic maintenance schedule.
(b) 
Any special maintenance requirements.
(c) 
Procedures and notification requirements for restarts during icing events.
(14) 
Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include:
(a) 
The anticipated life of the WECS;
(b) 
The estimated decommissioning costs in current dollars;
(c) 
How said estimate was determined;
(d) 
The method of ensuring that funds shall be available for decommissioning and restoration;
(e) 
The method, such by annual reestimate by a licensed engineer, that the decommissioning cost shall be kept current; and
(f) 
The manner in which the WECS shall be decommissioned and the site restored, which shall include removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.
(15) 
List of property owners, with their mailing address, within 500 feet of the outer boundaries of the proposed site.
(16) 
Complaint resolution. The application shall include a complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.
(17) 
Completed Part 1 of the full EAF along with a visual EAF addendum.
(18) 
If a positive declaration is determined by the SEQRA lead agency, the following information shall be included in the draft environmental impact statement (DEIS) prepared for a wind energy facility. Otherwise, the following studies shall be submitted with the application:
(a) 
Shadow flicker. The applicant shall employ an independent engineering firm experienced with shadow flicker studies to conduct a study on potential shadow flicker. The study shall include a graphic to identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate potential impacts on any residences.
(b) 
Visual impact. Applications shall include a visual impact study of the proposed WECS as installed, which may include a computerized photographic simulation, digital elevation models, and the like, demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. The NYSDEC Program Policy Assessing and Mitigating Visual Impacts must be referenced by the applicant when completing the visual impact study.
(c) 
A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed site, as well as the Montgomery County Department of Emergency Services.
(d) 
Noise analysis. A noise analysis that includes the low frequency of turbines and other noises generated shall be prepared by a competent acoustical consultant. The analysis shall include an assessment of ambient sound surveys at the site property lines and nearby residences to document environmental sound levels before the turbines are installed for comparison to similar measurements after the project is operational. The noise analysis shall also include a projection of noise levels generated from each WECS using noise contours in increments of 10 decibels (dBA) out to a level of 30 dBA. Noise level contours from one or more proposed turbines should be laid over an aerial photograph or topographic map of the site vicinity in order to visualize the cumulative noise impacts from the entire wind farm on surrounding properties. All residences surrounding the proposed site vicinity should be clearly shown. Since the turbines only produce noise under windy conditions, the noise modeling shall take into account the direction and speed of winds because this also affects sound propagation. The applicant shall also submit a design for post-development noise monitoring and how it could be mitigated.
(e) 
Property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties neighboring WECS sites.
(f) 
An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication, done by a qualified engineering firm.
(g) 
An assessment of the impact of the proposed development on the local flora and fauna, including migratory and resident avian species.
(h) 
An assessment of the impact of the proposed development on area federal and state-listed historic resources.
(19) 
A statement, signed under penalties of perjury, that the information contained in the application is true and accurate.
(20) 
Applications for wind energy permits for wind measurement towers subject to this chapter may be jointly submitted with the WECS application.
B. 
The Planning Board may, in its sole discretion, require the most recent annual audited financial report of the applicant prepared by a certified public accountant, licensed by the State of New York during the review process. If such a report does not exist, the Planning Board may, in its sole discretion, require a suitable alternative to demonstrate the financial responsibility of the applicant and its ability to comply with the requirements of this chapter. All financial documents shall be delivered to the Planning Board as part of the application process.
A. 
The Town of Minden Planning Board is designated as the reviewing board with regard to any and all applications submitted pursuant to this chapter. In the event that financial offsets are offered, the Town Board of the Town of Minden shall act as the review board with regard to said offsets.
B. 
Applicants may request a preapplication meeting with the Planning Board or with any consultants retained by the Planning Board for application review. Meetings with the Planning Board shall be conducted in accordance with the Open Meetings Law.[1]
[1]
Editor's Note: See Public Officers Law § 100 et seq.
C. 
Ten copies of the complete application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission.
D. 
Town staff or Town-designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this article is included in the application. Unless the Planning Board waives any application requirement, no application shall be considered until deemed complete.
E. 
If the application is deemed incomplete, the Planning Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information, unless the number of WECSs proposed is increased.
F. 
Upon submission of a complete application, including the grant of any application waiver by the Planning Board, the Town Clerk shall transmit the application to the Planning Board.
G. 
The Planning Board shall hold at least one public hearing on the application. Notice shall be given by registered or certified mail, return receipt requested, to property owners within 1,000 feet of the boundaries of the proposed WECSs and published in the Town's official newspaper no less than 10 nor more than 20 days before any hearing, but where any hearing is adjourned by the Planning Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the notice of public hearing prepared by the Town and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.
H. 
The public hearing may be combined with any other public hearings required to be held, including any hearings for purposes of SEQRA or for requested waivers.
I. 
Notice of the project shall also be given, if applicable, to the Montgomery County Planning Board, as required by General Municipal Law §§ 239-l and 239-m.
J. 
SEQRA review. Applications for WECS are deemed Type I projects under SEQRA. As a result, the Town must conduct a coordinated review. The Town Planning Board shall seek lead agency status for the coordinated review.
K. 
The Town may require an escrow agreement for the engineering and legal review of the applications and any environmental impact statements before commencing its review. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town shall issue a statement of findings, which statement may also serve as the Town's decision on the applications.
L. 
Upon receipt of the recommendation of the County Planning Board (if applicable), the holding of the public hearing, and the completion of the SEQRA process, the Planning Board may approve, approve with conditions, or deny the WECS application, in accordance with the standards in this chapter.
The following standards shall apply to commercial WECS, unless specifically waived by the Planning Board as part of a wind energy permit:
A. 
All power transmission lines from the tower to any building or other structure shall be located underground.
B. 
No television, radio or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the Town Code. Applications may be jointly submitted for WECS and telecommunications facilities.
C. 
In order to minimize adverse visual impacts associated with the wind energy facility, no advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.
D. 
Lighting of tower. No tower shall be artificially lit except to comply with Federal Aviation Administration (FAA) requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan.
E. 
All applicants shall use measures to reduce the visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte-finished color or a camouflage scheme. WECSs within a multiple WECS project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the project, to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
(1) 
The use of guy wires is prohibited.
(2) 
No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy permit for the specific WECS or WECSs causing the interference.
(3) 
All solid waste and hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.
(4) 
WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided when feasible. The use of previously developed areas shall be given priority wherever possible. To the extent practicable, development on agricultural lands shall follow the Guidelines for Agricultural Mitigation for Windpower Projects published by the State Department of Agriculture and Markets.
(5) 
WECSs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity, particularly bird and bat species.
(6) 
Wind energy conversion facilities shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.
(7) 
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
(8) 
Construction of the WECS shall be limited to the hours of 7:00 a.m. to 7:00 p.m., except for certain activities that require cooler temperatures than possible during the day, subject to prior written approval from the Town Planning Board.
(9) 
The maximum total height of any WECS shall be 410 feet. The allowed height shall be reduced if necessary to comply with all applicable FAA requirements, including Subpart B (commencing with Section 77.19) of Part 77, Title 14, of the Code of Federal Regulations regarding installation close to airports.
(10) 
Any substation used in conjunction with a WECS shall be sited in a manner that will have the least intrusive impact upon adjacent residences and shall be sheltered and/or screened to eliminate its views from such residences.
(11) 
Turbine blades shall pass no closer than 30 feet to the ground during the operation of the WECS.
(12) 
Applications must conform to any New York State or federal guidelines and/or regulations for organic farmlands when siting any WECS within the buffer zone as outlined within these guidelines and/or regulations.
(13) 
All WECSs shall conform to the New York State Department of Agriculture and Markets Guidelines for Agricultural Mitigation for Windpower Projects.
A. 
All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
B. 
Unless the property owner submits a written request that no fencing be required, a six-foot-high fence with a locking portal shall be required to enclose each tower or group of towers. The color and type of fencing for each WECS installation shall be determined on the basis of individual applications as safety needs dictate.
C. 
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage and the hazard of falling ice. A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information. The Planning Board may require additional signs based on safety needs.
D. 
No climbing pegs or tower ladders shall be located closer than 15 feet to the ground level at the base of the structure for freestanding single-pole or guyed towers.
E. 
The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.
F. 
WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.
A. 
Traffic corridors to be established.
(1) 
Construction of WECSs poses potential risks because of the large size construction vehicles and their impact on traffic safety and their physical impact on local roads and bridges. Construction and delivery vehicles for WECSs and/or associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include minimizing:
(a) 
Traffic impacts from construction and delivery vehicles;
(b) 
WECS-related traffic during times of school bus activity;
(c) 
Wear and tear on local roads; and
(d) 
Impacts on local business operations.
(2) 
Wind energy permit conditions shall limit WECS-related traffic to specified routes and include a plan for disseminating traffic route information to the public.
B. 
The applicant is responsible for remediation of damaged roads and bridges upon completion of the installation or maintenance of a WECS. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to local roads and bridges. The applicant must consult with the Town Highway Superintendent and Montgomery County Department of Public Works to obtain a written recommendation for bonding form and amount, which form and amount shall be approved by the Planning Board.
C. 
The applicant shall be liable for any property damage and/or personal injury which may result from damage caused to roads and bridges during the construction phase up until such time as any damaged roads and bridges are repaired. The applicant will indemnify the Town against any liability and hold the Town harmless from and pay any loss, damage, cost, expense, penalty or claim which may result from such damaged roads and bridges, including, without limitation, legal fees, disbursements and court costs.
D. 
The applicant shall provide photographic evidence of the condition of the roads and other public infrastructure along the proposed route.
E. 
The applicant and the owner of every wind energy facility constructed pursuant to this chapter shall, to the maximum extent practicable, immediately repair or replace all real and/or personal property, public or private, damaged during the construction, operation and/or decommissioning of such facility.
A. 
Each WECS shall be set back:
(1) 
A minimum of 450 feet from the nearest site boundary line or public road.
(2) 
Twelve hundred feet from the nearest off-site residence, hotel or motel, hospital, day-care center, dormitory, sanitarium, nursing home, church, municipal building, school or other building used for educational purposes, or correctional institution, measured from that building. Notwithstanding any other provision of this chapter regarding waivers or setback easements, no WECS shall be within 1,200 feet of an off-site residence, whether or not said residence is located in the Town of Minden.
(3) 
One and one-half times the wind turbine height of the largest proposed WECS from the nearest road or aboveground utilities, unless waived in writing by the electric, gas and telephone utility company(ies).
(4) 
Airports: 2,000 feet from the ends of any airport property line, and 1,000 feet from the side lots of any airport, or otherwise in compliance with FAA regulation, whichever is greater.
B. 
Due to the nonindustrial nature of the Town of Minden, the sound level statistical sound pressure level (L[90]) generated by a WECS shall not exceed the ambient sound level by more than 6 dBA measured at the nearest residence located off the site or property line. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. If the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus 5 dBA. Independent verification by an acoustical engineer certified with the Institute of Noise Control Engineering shall be provided before and after construction demonstrating compliance with this requirement.
C. 
In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection B of this section shall be reduced by 5 dBA. A pure tone is defined to exist if the one-third octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dBA for center frequencies of 500 Hz and above, by 8 dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
D. 
In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than six minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public buildings. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 miles per hour at the ambient noise measurement location.
E. 
Any noise level falling between two whole decibels shall be deemed to be the lower of the two.
In the event a wind energy facility does not meet a setback requirement or exceeds noise or other criteria established in this chapter as it existed at the time the wind energy permit is granted, a waiver may be granted from such requirement by the Planning Board in the following circumstances:
A. 
Written consent from the affected property owners has been obtained stating that they are aware of the wind energy facility and the noise and/or setback limitations imposed by this chapter, and that consent is granted to allow noise levels to exceed the maximum limits otherwise allowed or setbacks less than required; and
B. 
In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, has been recorded in the County Clerk's Office describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Planning Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this chapter or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.
C. 
Waivers granted under this section differ from waiver requests under § 87-7 of this chapter in that no § 87-7 waiver is required if a waiver is given under this section, and a § 87-7 waiver must be sought rather than a waiver under this section if the adjoining property owner shall not grant an easement pursuant to this section.
A. 
Upon completion of the review process, the Planning Board shall, upon consideration of the standards in this chapter and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated.
B. 
If approved, the Planning Board shall direct the Town Clerk to issue a wind energy permit upon satisfaction of all conditions for said permit, and direct the Building Inspector/Code Enforcement Officer to issue a building permit, upon compliance with the Uniform Fire Prevention and Building Code and the other pre-construction conditions of this chapter.
C. 
The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.
D. 
If any approved wind energy facility is not substantially commenced within one year of issuance of the wind energy permit, the wind energy permit shall expire.
A. 
If any WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant agrees that, without any further action by the Planning Board, the applicant shall remove said system at its own expense following the requirements of the decommissioning plan. Removal of the system shall include four feet below grade and the entire aboveground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Town that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.
B. 
Nonfunction or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Planning Board all reports to and from the purchaser of energy from individual wind energy conversion systems, if requested, necessary to prove the WECS is functioning, which reports may be redacted as necessary to protect proprietary information.
C. 
Decommissioning bond or fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town, in a form approved by the Town for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This fund must consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully described in the decommissioning plan.
A. 
Nothing in this chapter shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this chapter shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements or rights to remove vegetation.
B. 
Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Planning Board deems appropriate, as long as said agreements are not otherwise prohibited by state or local law.
A. 
Testing fund. A wind energy permit shall contain a requirement that the applicant fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as biannually, or more frequently upon request of the Planning Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the wind energy permit and this chapter and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Planning Board, to cure any deficiency. An extension of the ninety-day period may be considered by the Planning Board, but the total period may not exceed 180 days.
B. 
Operation and inspection. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Planning Board. The applicant shall have 90 days after written notice from the Planning Board, to cure any deficiency. An extension of the ninety-day period may be considered by the Planning Board, but the total period may not exceed 180 days.
C. 
Notwithstanding any other abatement provision under this chapter and consistent with §§ 87-22 and 87-23B if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular timeframe, or revocation of the wind energy permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Planning Board shall have the right to use the security posted as part of the decommissioning plan to remove the WECS.
D. 
The owner of each wind energy facility shall submit an annual report to the Planning Board or its designee on the structural and operational integrity of the facility. Such report shall be prepared by, or under the direction of, a professional engineer licensed by the State of New York. If such report recommends that repairs or maintenance measures be undertaken, the owner shall provide with such report a written schedule for undertaking such repairs or maintenance.
E. 
Following the issuance of any approval required under this chapter, the Town Board or its designee shall have the right to enter onto the site upon which a wind energy facility has been placed, at reasonable times, in order to inspect such facility and its compliance with this chapter.