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August 12, 2026 Permit will be revoked and project will be decommissioned. E. Removal. All Solar Energy Systems shall be dismantled and removed immediately, at the cost of the applicant, when the special use permit or approval has been revoked by the Town of Eden Town Board, or the Solar Energy System has been deemed by the Code Enforcement Officer to be inoperative or abandoned for a period of more than 180 days consecutively. If the applicant does not dismantl e and remove the Solar Energy System as required, the Town may do so at the applicant’s expense, and the Town shall be deemed to be fully authorized to apply the funds from the security to satisfy all expenses, costs and fees it incurs to enforce its rights pursuant to this chapter, and also which it incurs to dismantle and decommission the Tier 3 and/or Tier 4 Solar Energy System, and site in a manner that returns it to the natural state and condition it was in before the development and construction of the Tier 3 and/or Tier 4 Solar Energy System began. The Town may file a tax lien on the parcel should it deem it necessary to afford it the ability to recover any items of expense, fees, and costs, that are not covered by the security, and/or which are determined to exceed the limits of the security. (1) Decommissioning and site Restoration Plan (the “Plan”). A decommissioning Plan signed by the applicant/owner/operator of the Solar Energy System and prepared by a qualified engineer licensed in the State of New York and approved by the Town shall be submitted, addressing the following: (a) The anticipated efficient viable life of the Solar Energy System in accordance with industry standards and state of the art knowledges. (b) The Plan, at minimum, shall provide for the removal of all infrastructure and restoration conducted to return the parcel to its original state prior to construction. The applicant shall include photo documentation of the site prior to construction to document restoration goals as part of the decommissioning plan. The Town of Eden shall determine whether the applicant/owner/operator of the Solar Energy System has fully complied with all elements of the decommissioning plan. Fees, costs and expenses associated with the use of outside consultants for technical review, field survey, or other related needs to ensure compliance, with this chapter, including attorney’s fees and expenses shall be reimbursed to the Town by the applicant/owner/ operator of the Solar Energy System within 30 days of receipt of no tice from the Town that the fees, costs, and expenses have been incurred. (c) The time required to decommission and remove the Solar Energy System and any ancillary structures, including repair of any damage caused to the parcel by the installation or removal of the Solar Energy System. (d) The Plan must provide that all hazardous waste will be properly disposed upon decommissioning as required. (e) The Plan must provide that all Tier 3 and/or Tier 4 Solar Energy System components will be removed above and below grade in their entirety. (f) The Plan must provide for removal and restoration of access road locations at the direction of the Town Board or the landowner based on solar energy system layout, and for the repair of any public roads damaged during the decommissioning process. (g) An expected timeline for execution and a cost estimate for decommissioning prepared by a professional engineer or qualified contractor acceptable to the Town. Cost estimates shall take inflation into consideration and be revised every three years during the operation of the system and exclude any salvage value. Removal of the Tier 3 or Tier 4 Solar Energy System must be completed in accordance with the approved Plan and the standards and requirements provided for in this chapter and in any and all applicable State or Federal laws and regulations in effect at the time of decommissioning including, without limitation as follows: (2) All structures and foundations associated with the Tier 3 or 4 Solar Energy Systems shall be removed, including all above and below ground improvements and equipment, structures, and foundations, including, but not limited to, solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and other associated facilities, so that any agricultural ground upon which the facility or system was located is again tillable and suitable for agricultural use; (3) All disturbed ground surfaces shall be restored to original quality and conditions, including topsoil and seeding as necessary; and (4) All electrical systems shall be properly disconnected, and all buried cables and wiring shall be removed. 22