Exeter 2nd Township, Wyoming County

"Decommissioning A. Responsibility ‐ The solar power facility owner and operator shall, at its own expense, complete decommissioning ofthe solar power facility, or individual components, within (12) twelve months afterthe end of the useful life of the solar power facility or individual components. The solar power facility or individual components shall be presumed to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. B. Facilities ‐ Decommissioning shall include removalof collectors, buildings, cabling, electrical components, roads, foundations to a depth of thirty‐six (36) inches, and any other associated facilities. C. Grading and Seeding ‐ Disturbed earth shall be graded and re‐seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored. D. Cost Estimate ‐ An independent and certified Professional Engineershall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter. E. Financial Security ‐ The solar power facility owner or operator, prior to the issuance of a zoning permit, shall provide a financial security bond with the Township as payee in an amount approved by the Governing Body, but not less than $50,000, from a company and in a form and content acceptable to the Governing Body, to insure the decommissioning within one hundred eighty (180) days of the expiration of the license or lease and/or cessation of use. The bond shall remain in place for as long as the facilities exist at the site. F. Type of Security ‐ Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township. G. Landowner Action ‐ If the solar power facility owner or operator fails to complete decommissioning within the prescribed time period, then the landowner shall have eighty (180) days to complete decommissioning. H. Township Action ‐ If neither the solar power facility owner or operator, nor the landowner complete decommissioning within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning. The entry into the record and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan. I. Release of Security ‐ The escrow agent shall release the decommissioning funds when the solar power facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan."