A. Criteria Applicable to All SEFs:
Decommissioning.
(a) The SEF owner is required to notify the Township immediately upon cessation or abandonment of the operation. The SEF shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(b) The SEF owner shall then have 18 months in which to dismantle and remove the SEF, including all solar-related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, solar facility connections and other associated facilities, in accordance with agreements with landowners and good industry practice.
(c) To the extent possible, the materials shall be resold or salvaged. Materials that cannot be resold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
(d) Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.
(e) Any access drive paved aprons from public roads shall remain for future use unless directed otherwise by the landowner.
(f) The SEF site area shall be restored to its preexisting condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the SEF to remain.
(g) Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(h) At the time of issuance of SALDO approval for the construction of the SEF, the owner shall provide financial security, in the form and amount acceptable to the Board of Supervisors and in favor of the Board of Supervisors, to secure its obligations under this section.
1) The SEF developer shall, at the time of the SALDO application, provide Smithfield Township with an estimate of the cost of performing the decommissioning activities required herein. The solar energy project owner shall provide financial security of 110% of the estimated cost of decommissioning. The estimate may include an estimated salvage and resale value, discounted by a factor of 10%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities minus 90% credit of salvage and resale value equals the decommissioning cost estimate.
2) On every fifth anniversary of the date of providing the decommissioning financial security, the SEF owner shall provide an updated decommissioning cost estimate, utilizing the formula set forth above, with adjustments for inflation and cost and value changes. If the decommissioning security amount increases, the SEF owner shall remit the increased financial security to Smithfield Township within 30 days of the approval of the updated decommissioning security estimate by Smithfield Township. If the decommissioning security amount decreases by greater than 10%, Smithfield Township shall release from security any amounts held in excess of 110% of the updated decommissioning cost estimate.
3) Decommissioning security estimates shall be subject to review and approval by the Board of Supervisors, and the SEF developer/owner shall be responsible for administrative, legal, and engineering costs incurred by Smithfield Township for such review.
4) The decommissioning security may be in the form of cash deposit, surety bond, irrevocable letter of credit, cashier's check, or escrow account from a federal or commonwealth-chartered lending institution in the amount of 110% of the total proposed decommissioning cost estimate and in a form satisfactory to the Board of Supervisors and the Township Solicitor.
5) Prior to final approval of any SALDO plans for an SEF, the SEF developer shall enter into a decommissioning agreement with Smithfield Township outlining the responsibility of the parties under this agreement as to the decommissioning of the SEF.
(11) An emergency response plan shall be included with the SALDO application.
(12) Permit Requirements.
(a) The SEF shall comply with the Township's subdivision and land development requirements through submission of a land development plan.
(b) The installation of an SEF shall be in compliance with all applicable permit requirements, codes, and regulations, including highway occupancy, driveway permits and road bonding requirements.
(c) The SEF owner and/or operator shall repair, maintain and replace the SEF and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the SEF in good repair and operating condition.
