(a)

Abandonment and removal of ground mounted and dual use solar energy systems.

(1)

The owner or operator shall, at their expense, complete the removal of the solar energy system within six months of the end of the useful life of the solar energy system or within six months of the date of abandonment as defined in section 60-1501. The owner or operator shall notify the economic and community development department by certified mail of the proposed date of discontinued operations and plans for removal. decommissioning shall consist of:

a.

Physical removal of all ground-mounted solar energy generating systems including solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The economic and community development department, in conformance with applicable regulations, may allow the owner or operator to leave existing landscaping or specifically designated below-grade foundations in place in order to minimize erosion and disruption to vegetation.

(2)

The city may revoke any approvals and/or pursue removal of the solar energy system at the owner or operator's expense in the following circumstances:

a.

The solar energy system is not installed and functioning within 24-months from the date of approval under this ordinance; or

b.

The solar energy system is at any time left in an unsafe condition in respect to federal, state or local safety standards (as determined by the city); or

c.

The solar energy system has not been brought back to a safe condition/operation or removed from the site within the required timeframe; or

d.

The solar energy system is defective or abandoned and has not been removed from the site within required timeframe.

(3)

Financial surety. Before the start of construction, the owner or operator of a solar energy system shall provide a form of surety, either though escrow account, performance bond or letter of credit from a creditable financial institution, in an amount sufficient to cover the cost of decommissioning in the event the city determines the solar energy system to be abandoned in accordance with subsection (a)(2) above. The financial guarantee shall include a provision granting and guaranteeing the city the authority to access the funds and property and perform the decommissioning should the facility be abandoned and the owner or operator fails to meet their obligations to remove the solar energy system. This amount shall be based upon a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer, and submitted to the planning board at the time of application. The amount shall include a mechanism for calculating increasing removal costs due to inflation.

(4)

If the owner or operator of the solar energy generating system fails to remove the installation in accordance with requirements of this section within six months of abandonment of the end of the useful life or date of abandonment, the city retains the right to use the performance guarantee and all other available means to cause an abandoned, hazardous or decommissioned solar energy generating system to be removed.

(Ord. No. 02-02242020, 3-2-2020; Ord. No. 04-05182020, 6-1-2020)