1. After approval of the Special Use Permit by the Town Council, but prior to issuing a certificate of
Official Roll-Call Vote
Staff Report & Agenda Item Details
zoning compliance by the Administrator, the applicant must provide the Administrator with a certified cost estimate and performance guarantee for decommissioning. The performance guarantee must be in the form of a surety or performance bond that renews automatically, including a minimum sixty-day notice to the Planning Department prior to cancellation, is approved by the Administrator and is from a company on the U.S. Department of Treasury's Listing of Certified Companies. The amount of the performance guarantee must be one-and-one- half (1½) times the decommissioning cost minus the estimated salvageable value of the components or fifty thousand dollars ($50,000.00), whichever is greater. Estimates for decommissioning the site and salvage value shall be determined by a N.C. licensed general contractor or professional engineer. A new estimate and a new bond certificate must be submitted to the Planning Department every year verifying that the bond is still an adequate amount to ensure compliance with the ordinance and to ensure that it has been properly renewed. The full amount of the bond must remain in full force and effect until the data center is decommissioned and any necessary site restoration is complete.
Bastiat Liberty & Property Rights Analysis
This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 2.0/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).