(A) Discontinuation and/or abandonment is presumed when a solar PV system has been disconnected from the net metering grid for a period of six continuous months without being connected to a battery system or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the municipality.
(B) A solar PV system including its solar PV related equipment must be removed within 12 months of the date of discontinuation and/or abandonment or upon termination of the useful life of the solar PV system.
(C) For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
(D) If an owner fails to remove or repair the vacated, abandoned or decommissioned solar PV system within six months, the borough reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses including reasonable attorney’s fees or pursue other legal action to have the system removed at the owner’s expense.
(E) Any unpaid costs resulting from the borough’s removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statues for continuing, recording and releasing the property tax liens.
(Ord. 1089, passed 5-19-2014)