.08 Required Recording Agreement.

If the Foundation approves an ARES on a farm, the farm owner and the Foundation shall execute a recording agreement, to be recorded among the appropriate land records, that states the duties and obligations between the parties, consistent with the requirements of this chapter. The recording agreement shall run with the land and bind all future owners of the farm. An approved ARES may not be constructed on a farm until a recording agreement is recorded in the appropriate land records. The recording agreement shall, at a minimum, include the following terms and conditions:

A. The construction, installation, and operation of the ARES shall take place only within the area approved by the Foundation and shall be conducted to ensure that the land can readily be returned to active agriculture use after the ARES is removed;

B. Site disturbance, land clearing, grading, top soil removal, subsoil removal, and soil compactions are allowed only if necessary to construct, install, operate, or maintain the ARES;

C. Topsoil from the approved ARES site may not be removed from the farm but shall be spread or stockpiled elsewhere on the farm as approved by the Foundation and consistent with a farmís approved conservation plan;

D. The use of concrete, asphalt, or other impervious surface material on the farm is prohibited within the approved ARES area except to mount wind turbines, solar panels, and any necessary associated equipment, or to construct and operate an anaerobic digestion facility or any system components;

E. The use of existing roadways to provide access to the ARES shall be maximized to avoid constructing new onsite roadways;

F. New permanent roadways on the farm to serve the ARES shall use gravel or other pervious material to minimize soil disturbance, water runoff, and soil compaction on the farm, and shall meet the following conditions:

(1) Such roadways shall be the minimum width necessary to accommodate construction traffic;

(2) Such roadways shall be no greater than 16 feet wide;

(3) If such roadways cross agricultural fields, they shall be located along ridge tops, hedgerows or field boundaries to the maximum extent possible;

(4) Such roadways shall be constructed so they are level with adjacent fields to facilitate crossing by farm equipment to the maximum extent possible; and

(5) To protect agricultural soils from damage, such roadways may not be constructed during wet conditions.

G. Temporary roadways to construct an ARES are permitted, provided that such roadways are prepared with gravel or other pervious material and such roadways are removed once the ARES starts to operate;

H. When it is not possible to use the approved open space of the ARES area on the farm for agricultural use, the same area shall be maintained with vegetative cover to prevent soil erosion and shall be managed to prevent weeds or other invasive species from growing or spreading to other areas of the farm;

I. During the construction, installation, operation, and maintenance of the ARES, appropriate measures shall be taken to ensure compliance with existing soil and water conservation plans and forest stewardship plans;

J. During the construction of the ARES, the following restrictions shall be implemented:

(1) All construction-related vehicle and equipment traffic and parking shall be restricted to an access road or designated area, unless prior written approval has been provided by the Foundation;

(2) Crane set-up and breakdown activities must be restricted to designated work areas on the farm;

(3) The farm owner shall dispose of all wire, bolts, and other unused material related to the ARES to ensure these objects do not mix with any soil; and

(4) All vehicles used to construct, serve or maintain any ARES shall not be serviced or washed on the farm, unless the Foundation approves otherwise; and

K. Any other terms and conditions the Foundation deems appropriate for the recording agreement.