Prior to the issuance of any permits for a Tier 3 or Tier 4
solar energy system, the Zoning Board will require the applicant to
submit a performance/removal bond or other financial surety, as directed
by and satisfactory to the Zoning Board, upon advice of the Town's
Attorney, Engineer, or other professional experts, based upon the
decommissioning cost estimate in an amount satisfactory to the Town
of Copake, to ensure the removal of the system, its components, and
associated structures, fixtures, equipment, fencing, or other improvements,
and the remediation of the site. The amount of financial security
shall not be reduced by the expected salvage value of the facility
components. In the event that the Tier 3 or Tier 4 solar energy system
is not removed within one year of becoming inactive or the site is
not remediated as required, the Town of Copake, by resolution of the
Town Board after 30 days' written notice and opportunity of the
landowner and system operator to be heard, may cause the same to be
removed and the site remediated using the funds from the performance/removal
bond or surety. Notice sent by First-Class United States Mail to the
property owner, as reflected in the Town real property records, to
the mailing address set forth therein, and to the energy system owner/operator,
at the address for notice set forth in the application, as may be
amended or superseded by written notice to the Town Clerk, shall be
sufficient notice. Notwithstanding the foregoing, any Tier 4 solar
energy system and any associated battery energy storage systems sited
pursuant to Article 10 of the Public Service Law or § 94-c
of the Executive Law shall be required to obtain a letter of credit,
in an amount satisfactory to the Town of Copake, to ensure the removal
of the systems, their components, and associated structures, fixtures,
equipment, fencing, or other improvements, and the remediation of
the site. The amount of the letter of credit shall not be reduced
by the salvage value of facility components.