c.
Solar facilities which have reached the end of their useful life or have not been active and continuous service for twelve (12) months shall be removed within twelve (12) months at the owners or operator’s expense in accordance with the Decommissioning Agreement except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs. If the owner or operator of the solar facility fails to remove the installation in accordance with the agreement or within the proposed date of decommissioning, the County may collect the surety and staff or a hired third party may enter the property to physically remove the installation.

6. Road Use Agreement

Prior to the use of any county roads for the purpose of transporting parts and/or equipment for construction, operation or maintenance of a solar facility, the owner and/or operator must provide proof of a signed Road Use Agreement between the Delaware County Commissioners and the owner/operator. The Road Use Agreement should include identification of all public roads that will be used for construction and maintenance. The County Engineer/Highway Superintendent or a qualified consultant hired by the County Commissioners at the expense of the owner/operator of the solar facility should conduct a pre-construction base-line survey to determine existing road conditions for assessing potential future damage. Any road damage caused by the construction, installation and/or removal of the solar facilities must be repaired to the satisfaction of the County Commissioners Engineer. The County may require surety bonds, at the expense of the owner/operator, to ensure that future repairs are completed to the satisfaction of the County.

7. Emergency/Fire Safety Plan

An emergency and fire safety plan shall be provided to the Delaware County Emergency Management Agency for approval and the local fire departments whose jurisdiction is included in whole or in part within the solar facility project area. Any specialized training and equipment shall be provided at the owner/operator’s expense. If entrances are locked, Knox boxes and keys shall be provided at all locked entrances to the applicable emergency personnel. The names and phone numbers for the electric utility provider and the site operator, the 911 addresses and GPS coordinates shall be provided as a part of the plan and shall be posted at each entrance to the solar facility project. The plan shall include provisions dealing with damage to panels that result in the release of hazardous substances. It shall include a listing of potential hazardous substances, incident reporting requirements as applicable to the Emergency Management Agency, the Delaware-Muncie Metropolitan Plan Commission Office, the Health Department Office, the Indiana Department of Homeland Security and the Indiana Department of Environmental Management, and a mitigation plan that includes the testing of water wells as deemed necessary by the applicable agencies.

8. Economic Development Agreement

Due to the complexity of solar facility projects, the Delaware County Commissioners shall may elect to enter into an Economic Development Agreement to address taxing, land use, assessments and other issues related to a solar facility project.