[HISTORY: Adopted by the Town Board of the Town of Sweden 11-30-2021 by L.L. No. 12-2021. Amendments noted where applicable.]
This chapter shall be referred to as "Local Law 12 of 2021,
Adding Chapter 178 to the Sweden Town Code Concerning Abandonment
and Decommissioning Plans."[1]
This chapter is adopted pursuant to the New York State Constitution, Article IX, Town Law §§ 261 through 264 and Municipal Home Rule Law § 10.
This chapter is adopted to advance and protect the public health,
safety, welfare and quality of life in the Town of Sweden (hereinafter
referred to as "Sweden") by creating decommissioning plan requirements
relating to the installation of wind energy conversion systems, solar
energy systems and battery energy storage systems. Sweden feels it
to be of paramount importance to provide clarity, options and rules
in the process of decommissioning for removal of said systems indentified
hereinabove and for remediating the land.
A.
Any wind energy conversion systems (Sweden Town Code Chapter 173), solar energy systems (Sweden Town Code Chapter 174) and/or battery energy storage systems (Sweden Town Code Chapter 176) shall be considered abandoned after six months without regular usage and/or electrical energy storage, at less than 20% of the approved capacity, consequently resulting in the requirement that same be removed from the property. The project company/landowner, lessees and/or any successors in interest shall have an affirmative obligation to keep the Sweden Town Planning Board (hereinafter referred to as the "Planning Board") apprised of such abandonment status in a timely fashion. Applications for extensions subsequent to an abandonment as described herein can be reviewed by the Planning Board to allow for an additional period of up to six months after such abandonment.
B.
Applications for any such system(s) shall include and be accompanied
by a proposed decommissioning plan to be implemented upon abandonment
and/or in conjunction with the removal of same and shall include the
identities of the landowner, the project company, lessees and/or any
successors in interest, including the name(s), mailing address(es),
telephone number(s), email address(es) and written lease(s). At the
time of decommissioning plan approval by the Planning Board, same
is to be executed by the Planning Board Chairperson, the landowner,
the project company, the lessees and/or any successors in interest
acknowledging their approval and consent to same. The Planning Board
shall be given at least a sixty-day advanced notice in writing concerning
any successor in interest to the project company and/or landowner.
The Planning Board shall grant written approval of any such successor
in interest prior to same occurring and any successor in interest
shall execute the decommissioning plan.
C.
Applications for such system(s) shall include in any decommissioning
plan:
(1)
An affirmative obligation and acknowledgement that after any system(s)
can no longer be used and/or is abandoned it shall be removed in a
timely fashion by the project company, the landowner, lessees and/or
any successors in interest.
(2)
A detailed description of how the removal of infrastructure and the
remediation of soil/vegetation is to be conducted in order to return
the land to its original state prior to installation of the system(s),
said information to include, but not be limited to, information concerning
disconnection from the utility power grid, installation of applicable
erosion and sediment controls, disconnection, collection and disposal
of PV modules and disposal of same at an approved recycler or otherwise,
information concerning the remarketing of same, removal of any galvanized
steel PV module supports and/or racking systems and disposal of same
off site at an approved facility, removal of batteries/systems, removal
of electrical/electronic devices and disposal of same at an approved
off-site facility, removal of concrete foundations and/or structures
and disposal of same at an approved off-site facility, removal of
all fencing and disposal of same at an approved off-site facility,
removal of access roads (except those retained by the landowner and
stormwater management activities), soil restoration and seeding in
the proper form of crops to be planted by the landowners, removal
of all erosion and sediment controls, procurement of any permits required,
including obtaining coverage under the most current NYS-SPDES General
Permit for Stormwater Discharges from Construction Activity and filing
of any notice of termination with the NYSDEC (including an expected
time line for execution and completion of same).
(3)
A detailed cost estimate setting forth the projected expenses of
executing any decommissioning plan shall be prepared and certified
by a professional engineer or registered architect.
D.
Absent notice of a proposed date of abandoning and/or written notice
of extenuating circumstances as discussed hereinabove, any such system(s)
shall be considered abandoned when it fails to operate for more than
six months without the written consent of the Planning Board. If the
system(s) is not removed in a timely fashion, or the proposed date
of same, Sweden is allowed to enter the property and physically remove
the installation and/or upon applying to a court of appropriate jurisdiction
to seek such access to the property for that purpose.
E.
The decommissioning plan shall contain a requirement that the landowner,
the project company, lessees and/or any successors in interest provide
financial security, the character and/or form of which is in the sole
discretion of the Town Board. The financial security amount is to
ensure that sufficient funds are available to effectuate the conditions
set forth in the decommissioning plan and restore landscaping consistent
with the best interests of the landowner and/or Sweden in the event
the project company/landowner fails to comply with decommissioning
obligations. The amount of the financial security is to be at the
sole discretion of the Planning Board, is to be annually reviewed
for financial sufficiency and is subject to review and confirmation
by the Town Board to the extent necessary for what is set forth in
the first sentence of this subsection. The annual review process shall
include providing financial documentation, financial statements or
any other information requested by the Planning Board. The involvement
of any successor in interest as described herein shall immediately
and automatically trigger the aforesaid review process. The financial
security shall be provided prior to issuance of any special use permit
and any final site plan approval by the Planning Board. Sweden shall
hold the financial security in the form and character mandated by
the Town Board until such time as abandonment occurs, or if the project
should not proceed for any reason prior to the start of construction
and, if so, Sweden will promptly release all unused portions of said
financial security back to the project company (with any accrued interest,
if applicable) and approval of the project shall be automatically
rescinded.
F.
A copy of the decommissioning plan shall be filed in the Monroe County
Clerk's Office in the register of deeds and indexed by the landowner's
name upon approval of same.
Any violation of this chapter shall be subject to the same civil
and criminal penalties provided for in the Sweden Town Code (including
any applicable zoning regulations) and/or the laws of the State of
New York.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the Office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.
