[a] As security for the performance of decommissioning requirements in this section, the owner and operator (if different from the owner) of a large-scale photovoltaic solar energy system shall, upon the granting of required approvals and permits under this section and prior to the installation of any portion of the system, execute and file with the Town Clerk a bond, letter of credit or other form of security or undertaking which shall be approved by the Attorney for the Town and the Town Engineer as to amount, form, manner of execution, and sufficiency for surety. The security shall remain in full force and effect until the removal of all system components (including solar collectors, driveways, structures, lighting, utilities, fencing, gates, and accessory equipment), and all site restoration have been completed. The value of the security shall be equal to 125% of the cost of facility removal and restoration of the site, as determined by the Town Engineer after evaluation of the applicant's decommissioning cost estimate submitted as part of its application.
[b] At least once every three years after any approval or permit is issued by the Town, the owner and operator (if different from the owner) of the system shall provide updated cost estimates, prepared and sealed by a licensed engineer, for removal of all system components and all site restoration, and if the resulting 125% cost requirement shows that the existing security is monetarily insufficient, then the owner and operator (if different from the owner) shall update such security or see to its replacement or supplementation in an amount to equal such updated 125% cost number.
See
§ 270-219.1: Solar energy systems for complete, detailed information.