(a) Any Ground Mounted Solar Energy System that has reached the end of its useful life, ceases to generate power or has been abandoned shall be removed pursuant to a plan approved by the Planning and Zoning Commission during the application and site plan approval process. The owner or operator shall remove physically the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Zoning Inspector by certified mail, return receipt requested, of the proposed date of the discontinued operations and plans for removal. The zoning Inspector shall have the right to declare a Ground Mounted Solar Energy System as abandoned, which shall trigger the owner or operator's obligations hereunder, provided, however, that any such decision of the Zoning Inspector must be provided to the owner or operator, subject to appeal to the Planning and Zoning Commission within fifteen (15) days of any such decision.
(b) Decommissioning shall consist of:
(1) Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site;
(2) Disposal of all solid and hazardous waste in accordance with applicable federal, state and local laws, regulations and ordinances; and
(3) Stabilization of or re-planting and re-vegetation of the site as necessary to prevent erosion or other environmental factors, provided that the Zoning Inspector may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruptions to vegetation.
(c) Absent a notice of a proposed date of decommissioning, Ground Mounted Solar Energy Systems shall be considered abandoned when such system fails to generate electricity for more than one year without having first obtained the written consent of the Zoning Inspector for such cessation in the production/conversion of energy. Determination of abandonment shall be made by the Zoning Inspector, subject to the due process requirements set forth in Section 1170.06.
(d) If the owner or operator of a Ground Mounted Solar Energy System fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Village retains the right to use the performance guarantee of form of security required under Section 1170.05 and any and all available legal means necessary to cause an abandoned or decommissioned Ground Mounted Solar Energy System to be removed and disposed of in accordance with applicable law.
(Ord. 23-121. Passed 6-8-23.)