The Livingston County Board on July 17 approved two AG & Zoning items: an amendment to the decommissioning agreement for zoning case SU10-22 (Oxide Solar LLC) and a resolution that defines the meaning of “substantially complete” for a previously approved wind farm project.

Carley, chair of the AG & Zoning Committee, reported the committee reconvened and had two action items including zoning case SU10-22, Oxide Solar LLC, described as an amendment and approval of a decommissioning agreement that reflected layout changes and wetland avoidance. The board approved that amendment on committee motion (motion: Airing; second: Munson) and a roll-call vote was recorded; the motion passed.

The board then considered a resolution presented by board member Jack Beatty and discussed by planner Mr. Kite that provides a project-specific definition of “substantially complete” for an EDF wind farm project that received county approval in 2022. Mr. Kite read the proposed definition to the board: “substantially complete construction of the project shall mean, quote, all the turbines have been erected and facility constructed to such a state that it is ready to serve its intended purpose of generating electricity subject to, number 1, being connected to the interconnecting utility, Commonwealth Edison, number 2, receiving power from the grid, and number 3, testing of the turbines.”

Mr. Kite told the board the developer requested the definition to meet financing requirements and that the definition “only would apply to this project” unless the county pursues a zoning text amendment to make a broader change. Jack Beatty made the motion and Bergman seconded; several members asked to be excused from the vote (noted by the chair). The roll-call vote was taken and the resolution passed.

Board members discussed whether the county should consider adding such a definition to the zoning ordinance more broadly. Mr. Kite recommended a text-amendment process if the board wanted the definition to apply to multiple projects; he and others emphasized the resolution’s scope was limited to the single EDF project.

Both actions were approved by the board during the meeting; the decommissioning agreement amendment and the narrowly scoped resolution were passed by roll call as recorded in the meeting minutes.