Abandonment and decommissioning
(a) Removal requirements. Any large-scale ground-mounted SPF which has reached the end of its useful life or has been abandoned consistent with other provisions of Chapter 28, Zoning, shall be removed. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1) Physical removal of all large-scale ground-mounted SPFs, structures, equipment, security barriers and transmission lines from the site.
(2) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(3) Stabilization or re-vegetation of the site as necessary to minimize erosion. The board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(b) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the SPF shall be considered abandoned when it fails to operate for more than one year without the written consent of the town council and planning board as it relates to the land development project approval. If the owner or operator of the large-scale ground-mounted SPF fails to remove the facility in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the town may physically remove the facility.
(c) Financial surety. Applicants proposing to develop large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the board (and subject to the review of the town solicitor), as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. Such surety will not be required for municipally or state-owned facilities.
(Ord. No. 2019-07, 6-26-19)