§ 13.5-10. Abandonment and decommissioning plan.

(a)

Abandonment . An SEF that ceases to produce energy on a continuous basis for six months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the SEF provides substantial evidence (updated every three months after six months of no energy production) to the planning director or his/her 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 the development of the SEF.

(1)

Upon determination of abandonment, the zoning administrator shall notify the party (or parties) responsible that they must remove the SEF and restore the site to its condition prior to the development of the SEF within 365 days of notice by the planning director or his/her designee.

(2)

If the responsible party (or parties) fails to comply, the planning director or his/her designee may remove the SEF, sell any removed materials, and initiate judicial proceeding or take any other steps legally authorized against the responsible party (or parties) to recover the costs required to remove the SEF and restore the site to a non-hazardous pre-development condition.

(b)

Decommissioning . 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.

(1)

Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, abandonment, etc.).

(2)

Removal of all non-utility owned equipment, conduit, structures, fencing, roads, solar panels and foundations.

(3)

Restoration plan for property to condition prior to development of the SEF.

(4)

The timeframe for completion of decommissioning activities.

(5)

Description of any agreement (e.g. lease) with landowner regarding decommissioning.

(6)

The party currently responsible for decommissioning.

(7)

Plans for updating this decommissioning plan.

(c)

Performance guarantee . Prior to the issuance of a development permit, the applicant must provide the county with a performance guarantee as provided in subsection (1) below. The amount of the guarantee shall be 1.25 times the estimated decommissioning cost. Estimates for decommissioning the site and salvage value shall be determined by a North Carolina licensed engineer. It is the responsibility of the applicant to provide the county with the certified cost estimate. Certified cost estimates must be renewed every five years and submitted to the Carteret County Planning Commission for approval.

(1)

A surety or performance bond that renews automatically, includes a minimum 90-day notice to the county prior to cancellation, is approved by the planning director, and is from a company on the U.S. Department of Treasury's Listing of Certified Companies. A bond certificate must be submitted to the planning department each year verifying the bond has been properly renewed. In place of a performance bond, applicants may provide an irrevocable letter of credit.

(Ord. of 11-20-17, Art. 10)