Dover 2nd Township, York County
- County
- York County
- Citation
- 27-660.2.K (2021) [pg. 145-146 of linked PDF]
- Date of data entry
- Jul 19, 2024
- Source document
- View the ordinance (opens in a new tab)
Relevant text
"Decommissioning/Removal. (1) The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation of the PSES. After the initial commencement of commercial generation of electricity or power, the PSES shall be presumed to be discontinued or abandoned if no electricity or power is generated by such system for a period of six (6) continuous months. However, if the PSES owner notifies the Township of a 49 written plan to bring the PSES back into operation, the Township may toll this six (6) month period and shall notify the PSES owner of its decision within forty-five (45) business days of receipt of the PSES owner's notice.
(2) prior to issuance of a building permit for the PSES, the owner shall provide financial security, in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Township, to secure the expense of decommissioning, dismantling and removing said PSES and restoration of the land to its original condition, in the amount of 110% of the estimated decommissioning cost minus the salvageable value of the solar-related equipment, fencing, buildings, etc. Every five (5) years, a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission and the bond, letter of credit, or other financial security acceptable to the Township. This financial security shall be adjusted upward or downward as necessary. The owner of the PSES shall pay for all fees associated with the review and approval of each such decommissioning cost estimated by the Township Engineer.
(3) Removal of PSES facilities in decommissioning shall be completed in its entirety prior to the release of any financial security.
(a) Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
(b) Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(c) Once the PSES is removed, any earth disturbance resulting from the removal shall be graded and seeded in order to re-establish a natural groundcover.
(d) The PSES owner shall have twelve (12) months from the cessation or abandonment of the operation of the PSES in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, aboveground cabling, electrical, components, roads (unless the landowner requests in writing that the access roads are to remain), foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the Township may complete the decommissioning at the owner's expense, subject to any recovery under the financial security provided in accordance with (b) above. The Township may authorize one twelve (12) month extension of such time for just cause shown by the PSES owner."