Decommissioning plan.
A decommissioning plan shall be submitted to the Town as part of the initial application, which shall detail the costs and procedure for decommissioning. Decommissioning shall consist of:
(a) Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.
(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c) Stabilization of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(d) Revegetation. Native, pollinator-friendly seed mixtures shall be used.
Abandonment, decommissioning, and surety.
(a) Removal. Any solar energy system which has reached the end of its useful life or has been abandoned consistent with this section shall be removed and fully decommissioned accorded to the approved decommissioning plan. The owner or the operator shall notify the Code Enforcement Officer by certified mail of the proposed date of discontinued operations. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations.
(b) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Code Enforcement Officer. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the notice of discontinuance as described in Subsection (a), above, the Town retains the right to enter and remove the abandoned, hazardous, or decommissioned solar energy system. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.
(c) Surety.
[1] The applicant will provide financial assurance for the decommissioning costs, in the form of a performance bond, surety bond, or irrevocable letter of credit, for the total cost of decommissioning. The financial assurance mechanism shall be effective prior to the commencement of construction and the form of the document shall be approved by the Town Manager.
[2] The value of the surety shall be based on a professional engineer's estimate submitted by the applicant and approved by the Town Manager.
[3] The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.
[4] Every five years subsequent to the initial effective date of the surety, the owner shall submit an updated engineer's estimate and surety to the Planning Office for review and approval. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.
[5] If the Maine DEP or other state agency requires a decommissioning bond, the Planning Board may waive the specific requirements of this subsection so long as the Town is named as an additional obligee under the surety and requires as a condition of approval that the applicant comply with any conditions of approval related to the surety.
Additional standards for large-scale solar energy systems.
(1) Large-scale ground-mounted solar energy systems shall not be considered accessory uses.
(2) Operations and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar energy system, which shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation, including but not limited to fence, vegetation, and buffer maintenance, and proper panel and electrical equipment function.
(3) Signage. A sign shall be placed on the large-scale solar energy system to identify the owner and provide a twenty-four-hour emergency contact phone number.
(4) Emergency services. The large-scale ground-mounted solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with the Fire Department in developing an emergency response plan. All means of shutting down the system shall be clearly marked. The owner or operator shall provide to the Code Enforcement Officer the name and contact information of a responsible person for public inquiries throughout the life of the installation.
See
§ 120-556: Solar energy systems for complete, detailed information.
