Gratz Borough, Dauphin County

"The applicant shall be responsible for the decommissioning of the wind farm or solar system within six (6) months after the end of the useful life of the wind farm or solar system or useful life or nonuse of the individual wind turbines or solar panels. The wind farm and solar system or individual wind turbines and solar panels will presume to be at the end of its useful life if no electricity is generated for a continuous period of 356 days. Decommissioning shall include removal of wind turbines and solar panels, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. 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. An independent and certified Professional Engineer shall 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”). The estimates shall be submitted to the Borough after the first year of operation and every fifth year thereafter. The applicant shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or lending institution authorized to conduct business within the Commonwealth and approved by the Borough. 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 Borough. If the applicant fails to complete decommissioning within the six (6) month period prescribed by this Ordinance, then the landowner shall have three (3) months thereafter to complete decommissioning. If neither the applicant, nor the landowner complete decommissioning within the periods prescribed by this Ordinance, then the Borough may take such measures as necessary to complete decommissioning. The Borough shall release the decommissioning funds when the applicant has demonstrated that decommissioning has been satisfactorily completed."