(a) At such time that a solar energy system is scheduled to be abandoned or discontinued, the applicant will notify the Building Official by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.
(b) Upon abandonment or discontinuation of use, the owner shall physically remove the solar energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Building Official. "Physically remove" shall include, but not be limited to:
(1) Removal of the solar energy system and related above grade structures.
(2) Restoration of the location of the solar energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.
(c) In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous 12-month period. After the 12 months of inoperability, the Building Official may issue a Notice of Abandonment to the owner of the solar energy system. The owner shall have the right to respond to the Notice of Abandonment within ten (10) days from Notice receipt date. The Building Official shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned.
(d) If the owner fails to respond to the Notice of Abandonment or if after review by the Building Official it is determined that the solar energy system has been abandoned or discontinued, the owner of the solar energy system shall remove the system at the owner's sole expense within thirty (30) days of receipt of the Notice of Abandonment. An extension of an additional thirty (30) days may be granted to the applicant for just cause by the Chief Building Official. If the owner fails to physically remove the solar energy system after the Notice of Abandonment procedure, the City shall have the authority to enter the subject property and physically remove the solar energy system.
(e) The Planning Commission may at the time of the issuance of the Conditional Use Permit, and as a condition of the permit, require the applicant to provide a form of surety (i.e., post a bond, letter of credit or establish an escrow account or other) at the time of construction to cover costs of the removal in the event the City must remove the facility. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by an engineer registered in the State of Ohio. The amount shall include a mechanism to accommodate the rate of inflation over 15 years.
(Ord. 2010-061. Passed 6-22-10.)