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Forks planning commission votes 3‑1 to recommend decommissioning language be added to Data Center Ordinance 409
Summary
After reviewing draft language, the commission recommended the Board of Supervisors add decommissioning requirements to Ordinance 409 to ensure site restoration, require cost estimates and financial assurance (minimum 125% of decommissioning costs), and allow the municipality to complete decommissioning if owners fail to act.
The Forks Township Planning Commission voted 3‑1 on April 9 to recommend the Board of Supervisors add decommissioning requirements to Ordinance 409 governing data centers.
Commissioner Tim Danahey presented a draft amendment and said he had reviewed 10–12 data‑center ordinances from other jurisdictions and concluded Forks did not currently include comparable decommissioning language. Commissioners agreed to combine language from Danahey’s draft and the township’s existing solar‑farm decommissioning provisions.
The agreed language places responsibility on the facility owner to restore the site after the project life, after 12 months of inactivity or six months prior to alternate use; to remove equipment, structures, servers, cooling equipment and other items that cannot reasonably be reused; and to execute a decommissioning agreement with the township before construction. Applicants must submit an estimate of Decommissioning Costs and Net Decommissioning Costs and update that estimate every two years. The owner or operator must post and maintain Decommissioning Funds equal to Net Decommissioning Costs, with a floor that Decommissioning Funds be at least 125% of Decommissioning Costs. Acceptable forms of financial assurance include performance bonds, surety bonds, letters of credit or other instruments acceptable to the municipality. If the owner or landowner fails to complete decommissioning within the required period, the municipality may undertake decommissioning and draw on escrowed funds; remaining funds will be returned to the owner when the municipality concurs decommissioning is satisfactorily completed. An acquiring entity on sale or transfer must adhere to the original monetary and operational obligations.
Ian Heck moved to recommend the draft language be added to Ordinance 409; Tim Danahey seconded. Vice‑Chair Matthew Menkowski voted no; the motion carried 3‑1‑0. The recommendation will be forwarded to the Board of Supervisors for consideration.
