Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XXI
Decommissioning
§ 165-162 Purpose.
In order to balance the need for development and the need to protect the natural resources and public health, safety and welfare of the community, the County finds these regulations are necessary to ensure that certain projects implemented under special use permits are appropriately abandoned or closed.
§ 165-163 General provisions.
§ 165-164 General regulations for special use permits requiring decommissioning.
A.
A draft statement of intent regarding a decommissioning plan shall be provided. A completed decommissioning plan shall be submitted and approved prior to, or along with, site plan approval, detailing how the applicant proposes to decommission the project, detailing the following information:
(1)
The proposed method and steps required for removal of structures, materials, buildings, roads, (unless the previous items are to be retrofitted for another purpose approved by the Zoning Administrator within two calendar years), cabling, electrical components, large-scale operational equipment, solid or hazardous waste, and any other associated facilities at the end of life of the project;
(2)
Steps to restore the site to conditions prior to the commencement of the project including soil stabilization, revegetation, and soil restoration per any soil quality impact analysis (SQIA) recorded prior to the start of construction of the project;
(3)
Methods to retain or restore the existing topsoil on-site;
(4)
A topographical site plan of the site prior to the start of construction of the project, a description of any alterations to such topography that will occur as a result of the project, and a description of the methods that will be used to restore the site to its conditions prior the start of construction of the project;
(5)
Anticipated life of the project;
(6)
Estimated decommissioning cost in current dollars and projected costs for three separate decades following;
(7)
A description of how said estimates were determined; and
(8)
A description of the impacts, if any, on the surrounding lots when decommissioned.
B.
A bond shall be posted prior to the commencement of construction of a project with the County and maintained thereafter, in an amount to be reassessed every two years based on estimated decommissioning costs.
C.
Upon completion of decommissioning, if any of the items listed in § 165-164A(1) are to be retrofitted for another purpose approved by the Zoning Administrator, a bond will be retained in an amount sufficient to guaranty the removal of such items until the retrofitting has been completed, which shall not be more than two years.
D.
Upon completion of decommissioning, the project owner or manager shall provide such documentation as may reasonably be required by the Zoning Administrator to confirm completion of decommissioning.
E.
The requirements set forth by decommissioning shall be binding on any successors, assignees, current or future lessee or owner of the project and is granted solely for the construction and operation of the project.
F.
In the event that the project fails to operate for a consecutive period of more than one year, the Zoning Administrator may require that the project be decommissioned as provided in the decommissioning plan. The Zoning Administrator shall provide written notice of the decommissioning requirement to the project operator and the owner of the real property on which the project is located. The decommissioning shall occur within six months of the date of such notice, unless such time period is extended by the Shenandoah County Board of Supervisors.
G.
If the owner or operator fails to decommission the project as required herein, the County may, in addition to any other remedies available under the law, cause the project to be decommissioned and recover against the bond posted pursuant to Subsection B and Article XXII, if applicable, the costs of such decommissioning.