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Tiverton
Town of Tiverton Zoning Ordinance
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§ XXIV-13

Decommissioning

  • a. When any ground-mounted SES is scheduled to be decommissioned, operations ceased, or the use abandoned, the property owner/operator shall notify the building official of the proposed date of discontinued operations and submit a written plan for removal consistent with the requirements of this section. The SES shall be physically removed no more than 180 days after the discontinued, ceased, or abandoned operations. Decommissioning shall consist of:

    • (1) Physical removal of the entire solar energy system to include all solar energy components, mounting systems, structures, equipment, security barriers and transmission lines from the site.

    • (2) Disposal of all solid and hazardous waste, if any, in accordance with federal, state and local disposal regulations.

    • (3) Stabilization and revegetation of the site as determined by a Rhode Island licensed landscape architect to minimize erosion.

    • (4) Any earth disturbance as a result of the removal of the SES shall be graded and reseeded, if no other viable use of the site has been approved at the time of decommissioning.

  • b. Any and all costs related to removal and disposal of SES structures, equipment, security barriers, fencing, transmission lines, restoration of the land, restoration of soils, restoration of vegetation, drainage and all costs associated with inspection and enforcement shall be the responsibility of the property owner/operator.

  • c. If decommissioning has not been completed within 180 days of the proposed date of decommissioning, operations ceased, or the use abandoned, the town shall give written notice to the property owner and/or SES owner and operator to accomplish the decommissioning within 30 days. If the decommissioning has not been completed within 30 days of said written notice by the town, the town and/or the town's representative shall have the authority to enter the property and decommission the SES, charging the property owner and/or SES owner and operator for all costs and expenses, in excess of any financial guaranty, including reasonable attorney's fees for collection. The town shall have the right to impose a lien for all such charges.

(Ord. of 11-14-22(2))