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Ordinance 2023-XXX <br />Amended Solar Energy Systems Ordinance <br /> <br />h. The owner/ operator of the solar farm shall provide the City with evidence that the <br />solar energy system is functioning properly. This shall be provided at any time <br />deemed necessary by the City. <br />i. The owner/operator shall submit a decommissioning plan for the solar farm to ensure <br />that the owner/operator properly removes the equipment and facilities upon the end of <br />the project life, abandonment, expiration, or termination of the interim use permit. If <br />the solar energy system remains nonfunctional or inoperative for a continuous period <br />of 12 months, the system shall be deemed abandoned and shall constitute a public <br />nuisance. The owner shall remove the abandoned system at their expense after a <br />demolition permit has been obtained within 90 days after notice has been given. <br />Removal includes the entire structure including transmission equipment, structures <br />and foundations, and the restoration of soil and vegetation. The owner/operator shall <br />provide a current-day decommissioning cost estimate, and shall post financial <br />security in a form acceptable by the City. This estimate must include an inflationary <br />escalator, in an amount determined by the City, which will allow the City to remove <br />the solar farm from the property after the 90-day period has elapsed. <br /> <br />(4) Conditions of approval. In permitting a new solar farm interim use permit or amending an <br />existing solar farm interim use permit, the Planning Commission may recommend and the <br />City Council may impose additional conditions and requirements to protect the health, safety, <br />and welfare of the surrounding area and the community at large, mitigate unfavorable <br />consequences of activities resulting from the solar farm, enforce laws and regulations, and <br />ensure compliance with the conditions of the permit. These conditions may include, but are <br />not limited to, the following: <br />a. Limitations on period of use and operation. <br />b. Buffering and screening measures. <br />c. Additional setbacks. <br />d. Approval periods between one to twenty-five years, beginning at the start of <br />operation. <br /> <br />(9) Expiration and termination. An interim use permit shall expire and the interim use permit <br />shall terminate at the earlier of: <br />a. The expiration date established by the City Council at the time of approval, but in no <br />case more than 25 years from the date of the start of operation. Solar farms shall be <br />constructed and operational within one year of City Council approval. <br />b. Occurrence of any event identified in the interim use permit for the termination of the <br />use. <br />c. Upon an amendment to the City Code that no longer allows the interim use. <br />