Town of Lansing - Procedures | Wind Energy Conversion Systems

Wind Energy Conversion Systems

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Abandonment and decommissioning. A decommissioning plan shall be submitted with each application in accordance with § 270-35U of this chapter. Approval of the decommissioning plan by the Town Planning Board shall be required, including under site plan review. Removal of all wind energy conversion systems must be completed in accordance with the decommissioning plan. If the wind energy conversion system and all site facilities are not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.

Abandonment and decommissioning of battery energy storage systems, solar energy facilities, and wind energy conversion systems.

[Added 7-15-2020 by L.L. No. 3-2020]

(1)

A decommissioning plan shall, at a minimum, contain the following elements and meet the following requirements.

(a)

Specify when and what constitutes an event requiring decommissioning, including abandonment of the facility. In all cases the lack of production for six months (or for 12 of any 18 months) and the violation of any site plan conditions, the lack of a current permit or violation of permit conditions, including but not limited to maintenance of any required decommissioning bond or security, shall be an event requiring decommissioning.

(b)

Specify the form and type of notice required to the Town in the event of any decommissioning, sale, transfer, partial transfer, assignment, or occurrence of any event which may result in an act or partial order requiring partial or complete decommissioning of the site.

(c)

The means and methods by which utility interconnections will be removed and permitted by the utility provider, as well as all electrical and other safety precautions undertaken during removal.

(d)

All decommissioning and restoration activities shall be completed within 150 days of the date decommissioning was ordered or required, including under the plan.

(e)

Demonstrate the removal of all solar panels, battery energy storage systems, wind turbines, electrical appurtenances, towers, structures, equipment, security barriers and transmission lines.

(f)

Demonstrate the minimization of disruption to field drains and soils, and the remediation of drains and soils, including stabilization and revegetation of any sites or disturbances, including as minimize erosion. Decompaction of soils to 18 inches and removal of any installed materials to four feet is required. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in place to minimize erosion and disruption to vegetation in a proper case, but generally all of the New York Department of Agriculture and Markets' Guidelines for Agricultural Mitigation for Wind Power Projects or Solar Energy Projects, as applicable, shall be adhered to in any plan.

(g)

Specify disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations, including the removal of any damaged or contaminated soils. No designation of any facilities by a "beneficial use declaration" shall be permitted to vary this clean-up and remediation/disposal rule.

(h)

Include an expected timeline for execution, together with a cost estimate detailing the projected cost of executing the decommissioning plan, duly prepared and sealed by a professional engineer. Cost estimations must take inflation into account over the expected life of project, and have a mechanism to ensure the periodic updating and securitization of decommissioning costs.

(2)

Removal of all large-scale battery energy storage systems, solar energy facilities, and commercial wind energy conversion systems must be completed in accordance with the decommissioning plan. If all site facilities are not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.

(3)

Financial surety. An applicant for a large-scale battery energy storage system, solar energy facility, or commercial wind energy conversion systems shall provide a form of surety, either through development escrow agreement, bond, letter of credit, or like form approved by the Planning Board, to cover all costs of decommissioning and removal calculated at a minimum of 125% of the approved estimated cost of decommissioning and restoration. The estimate of costs shall be prepared by a licensed engineer and be sealed accordingly, and the annual cost shall take into account New York State prevailing wage rules and any inflationary rise in surety amounts covered, contain an evergreen clause, or otherwise account for increases in the cost of decommissioning and restoration in a manner as approved by the Planning Board. At a minimum, at least once every three years after any approval or permit is issued by the Town, the applicant or the future owner or operator of the facility shall provide an updated certified cost estimate for decommissioning, removal, and restoration, and if the resulting 125% cost requirement shows that the exiting security or bond is monetarily insufficient, then the owner shall update such bond or undertaking, or see to its replacement or supplementation in an amount to equal such updated minimum 125% of cost number.

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Town of Lansing, NY

Procedures | Wind Energy Conversion Systems