250.2023 Accepting Solar Decommissioning Plan, Agreement and Bond for AC Power 31, LLC Associated with Tax Map Parcel Nos 303.20-2-50 and 303.20-2-48 RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN,
AGREEMENT AND BOND FOR AC POWER 31, LLC ASSOCIATED WITH
TAX MAP PARCEL NOS: 303.20-2-50 AND 303.20-2-48.1
RESOLUTION NO.: 250,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, AC Power 31, LLC (AC Power)proposes developing a five megawatt AC solar
farm facility at property located off of Warren Street(the"Project"), and
WHEREAS, the Planning Board considered applications for the Project, which application
materials included a Decommissioning Plan, and at its meeting of June 23rd, 2022, the Queensbury
Planning Board approved Site Plan 37-2022, Freshwater Wetlands Permit 8-2022 and Special
Use Permit 2-2022, and
WHEREAS, during Planning Board review, the Planning Board provided all application
materials, including the Decommissioning Plan, to the Town Designated Engineer for review and
comment, and
WHEREAS, before approving Site Plan, Freshwater Wetlands Permit and the Special Use
Permit, the Town Designated Engineer provided a final letter indicating that it had no further
comments on the Project indicating the application satisfied requirements under the Town Zoning
Code, and
WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires
that Decommissioning Plans be approved by the Town Board, and
WHEREAS, the following documents are presented at this meeting: 1) Decommissioning
Agreement, 2) Decommissioning Plan, 3) Engineering Final Letter, and 4) Decommissioning
Bond, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Decommissioning Plan,
Decommissioning Agreement and Decommissioning Bond for AC Power 31 LLC associated with Tax
Map Parcel Nos: 303.20-2-50 and 303.20-2-48.1 as delineated in the preambles of this Resolution
and in substantially the same form as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to execute the
Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take any other actions
necessary to effectuate the intent and provisions of this Resolution.
Duly adopted this 10t'day of July, 2023,by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None