§ 85-806. Other regulations; inspection and maintenance.

A. 

Regulatory compliance. To ensure the structural integrity of the WECS, the owner of a WECS shall maintain it in compliance with standards contained in applicable state and/or local building codes (to include hurricane and tornado building standards). If, upon inspection, the Town concludes that a WECS fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the WECS, the owner shall have 30 days to bring such WECS into compliance with such standards. Failure to bring such WECS into compliance within said 30 days shall constitute grounds for removal of the WECS at the owner's expense.

B. 

In addition to any remedies provided in Chapter 50, Noise Control, if maximum decibel readings are exceeded, the violation shall be corrected within 90 days from the date of notification or the WECS shall be removed and/or relocated by the Town of Brookhaven at the owner's expense.

C. 

The applicant and/or owner shall maintain the WECS in good condition.

D. 

The Chief Building Inspector and/or his/her designee shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind energy conversion system has been constructed to inspect all parts of said wind energy conversion system installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or in the structural stability of the system. If necessary, the Chief Building Inspector and/or his/her designee may order the system secured or otherwise cease its operation. It shall not be required that the owner or his agent be present in the event of an emergency situation involving danger to life, limb or property. The owner shall have 30 days to bring such WECS into compliance with such standards, and failure to do so shall constitute grounds for removal of the wind conversion system at the owner's expense.