<div class="chunk-title">Sec. 18-199. - Abandonment and decommissioning plan.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Abandonment.</span> 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 planning director 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 remove all equipment and facilities and restore
               the parcel to its condition prior to development of the SEF.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               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 360 days of notice by the planning director
               or his designee.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the responsible party (or parties) fails to comply, the planning director or his
               designee may remove the SEF, sell any removed materials, and 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.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               <span class="ital">Decommissioning.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               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.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Defined conditions upon which decommissioning will be initiated (i.e. end of land
               lease, no power production for 12 months, abandonment etc.)
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Removal of all non-utility owned equipment, conduit, structures, fencing, roads, solar
               panels and foundations.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Restoration of property to condition prior to development of the SEF.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The timeframe for completion of decommissioning activities.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Description of any agreement (e.g. lease) with landowner regarding decommissioning.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               The party currently responsible for decommissioning.
               </p>
            		
            <p class="incr2">
               g.
               </p>
            		
            <p class="content3">
               Provide proof of bonding for the decommissioning.
               </p>
            		
            <p class="historynote0">
               (Ord. of 1-19-2016(1), Â§ 9; Ord. of 3-19-2024(1))
               </p></div>