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125.2024 Accepting Solar Decommissioning Plan, Agreement and Bond Form for Southern Gateway Renewables LLC Assoc. with Tax Map Parcel No 303.8-1-1 & 303.12-1-3 RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN, AGREEMENT AND BOND FORM FOR SOUTHERN GATEWAY RENEWABLES, LLC ASSOCIATED WITH TAX MAP PARCEL NOS: 303.8- 1-1 AND 303.12-1-3 RESOLUTION NO.: 125,2024 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Southern Gateway Renewables, LLC(Southern Gateway)proposes developing a five megawatt AC solar farm facility at property located off of Queensbury Avenue and identified as Tax Map Parcel Nos. 303.8-1-1 and 303.12-1-3 (the"Project"), and WHEREAS, the Planning Board considered applications for the Project, which application materials included a Decommissioning Plan, and at its meeting of October 18, 2022, the Queensbury Planning Board approved Site Plan 55-2022 and Special Use Permit 4-2022, 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 the Site Plan 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, and 4) Decommissioning Bond, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Decommissioning Plan, Decommissioning Agreement and Decommissioning Bond for Southern Gateway Renewables associated with Tax Map Parcel Nos: 303.8-1-1 and 303.12-1-3 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 Budget Officer, 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 18t'day of March, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None