(A) Abandonment. A SEF that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the SEF provides substantial evidence (updated every six months after 12 months of no energy production) to the Zoning Administrator or his designee of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to notify the Township Board of Trustees at the time of abandonment of the SEF. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the property to its condition prior to development of the SEF.
(1) A condition of every approval shall be adequate provision for the removal of SEF facilities in their entirety whenever they cease to actively produce power for 12 months. The Board of Trustees can grant an extension of an additional six months upon the SEF owner demonstrating that the facilities will be put back into use, in which case the SEF owner must provide data indicating the repaired SEF is in good operational condition and functioning at efficiency similar to surrounding SEF. Removal shall include the proper receipt of a demolition permit from the Building Official and proper restoration of the site, including but not limited to all participating parcels, to original condition. Removal of the structure, wiring, and all other components in their entirety.
(2) Upon determination of abandonment, the Zoning Administrator shall notify the party (or parties) responsible they must remove the SEF and restore the site to its condition prior to development of the SEF within 180 days after notice by the Zoning Administrator or other township designee.
(3) If the responsible party (or parties) fails to comply, the Zoning Administrator may initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the SEF and restore the site to a non-hazardous pre-development condition.
(B) Decommissioning.
(1) A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted prior to the issuance of the development permit.
(a) The anticipated life of the project.
(b) The estimated decommissioning costs net of salvage value in current dollars.
(c) The method of ensuring that funds will be available for decommissioning and restoration which includes, but is not limited to:
1. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, solar panels and foundations.
2. Restoration of property to condition prior to development of the SEF.
(d) Anticipated manner in which the project will be decommissioned and the site restored.
1. Decommissioning shall include the removal of all above ground and below ground components and associated facilities within the footprint of the SEF.
2. All access roads to the SEF shall be removed, cleared, and graded by the facility owner, unless the property owner requests, in writing, a desire to maintain the access road. The township will not be assumed to take ownership of any access road, and such remaining roads will not be considered public roads.
3. The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner of the SEF or its assigns. If the site is not to be used for agricultural purposes following removal, the site shall be seeded to prevent soil erosion, and restored to its condition existing prior to any construction activities, unless the property owner(s) requests, in writing, the land surface areas not be restored.
(e) A provision to give notice to the township one year in advance of decommissioning.
(f) Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no power production for 12 months, abandonment, etc.).
(g) The timeframe for completion of decommissioning activities.
(h) Description of any agreement (e.g., lease) with landowner regarding decommissioning.
(i) The party currently responsible for decommissioning.
(j) Plans for updating this decommissioning plan.
(2) A surety bond to assure payment of the cost of decommissioning shall be required. To ensure proper removal of the structure when it ceases to be used for a period of one year or more, any application for a new SEF shall include a description of the financial security guaranteeing removal of the SEF, which will be posted prior to receiving a building permit for the facility. The security shall be a: 1) cash deposit in a trust account; or 2) or any other financial instrument uninterrupted for the life of the project. The amount of such guarantee shall be no less than the estimated cost of removal and shall include a provision for inflationary cost adjustments. When determining the amount of such required security, the township may also require future meetings at pre-set intervals to establish corrected values for decommissioning. The financial security instrument shall be adjusted to each determined corrected value.
(3) (a) The estimate shall be prepared by the engineer for the developer and shall be approved by the township. The applicant shall be responsible for the payment of any costs or attorney fees incurred by the township in securing removal.
(b) The amount of each SEF security guarantee shall be determined by way of a certified estimate by the applicant’s design professional and shall not include salvage value. That deposit shall be updated and supplemented every five years based on the CPI (consumer price index) for each year.
(4) A condition of the surety bond shall be notification by the surety company to the Township Zoning Administrator 30 days prior to its expiration or termination. Such financial guarantee shall be deposited with the Township Treasurer after a special use has been approved but before construction operations begin on the SEF project. Failure to keep such financial security in full force and effect at all times while the structure exists shall constitute a material and significant violation of a special use approval and this chapter and shall subject the applicant to all available remedies to the township, including enforcement action, fines, revocation of the special use approval and SEF removal.
(Ord. 17-07, passed 11-20-2017; Ord. 23-01, passed 1-17-2023)