[Added 9-9-2021]
The installation and maintenance of solar energy systems (SESs)
within Lexington are encouraged to promote Lexington's net zero initiative
directives. The Planning Board has developed these Solar Energy System
Regulations ("SES Regulations") to guide applicants for canopy, large-scale,
and small-scale SESs, where applicable.
Canopy, large-scale, and small-scale SESs shall comply with
the following design requirements:
11.1.1 The location, style, and screening shall be designed to minimize
the impacts on surrounding properties, maintain safe accessibility,
limit stormwater runoff, and manage impacts to groundwater and soils.
11.1.2 Safety and security features shall favor fencing and other visible
perimeter safety and security measures. The use of chain-link fences
is strongly discouraged for residential projects.
11.1.3 The visual impact of any ground-mounted structure, including all
accessory structures and appurtenances, shall be mitigated. All accessory
structures and appurtenances shall be architecturally compatible with
each other. SESs and associated infrastructure shall be shielded from
view and clustered to avoid adverse visual impacts. Methods such as
the use of landscaping, natural features, and opaque fencing shall
be utilized.
11.1.4 All utility connections from an SES shall be underground unless expressly
permitted otherwise. Electrical transformers, inverters, switchgear,
and metering equipment to enable utility interconnections may be above
ground if required by the utility provider.
11.1.5 Land clearing, soil erosion, and habitat clearing of natural vegetation
and trees shall be limited to the necessary construction, operation,
and maintenance of the SES or otherwise prescribed by applicable laws,
regulations, and bylaws.
11.2.1 Transformers and other associated infrastructure that create a noticeable
noise shall be located as far as possible from abutting residential
structures, wetlands, natural habitats, agricultural lands, and protected
open space areas.
11.2.2 Lighting associated with SES shall be zero at all lot boundaries.
The lighting of other parts of the installation, such as appurtenant
structures, shall be limited to that required for safety and operational
purposes and shall be reasonability shielded from abutting properties.
Where feasible, lighting of the SES shall be directed downward and
shall incorporate full cut-off fixtures to reduce light pollution.
11.3.1 Columns and associated supports shall be located to ensure full use
of any off-street parking space by a vehicle.
11.3.2 When the lower edge of a canopy SES is less than 14 feet above ground
level, the applicant shall install appropriate signage to ensure a
vehicle does not damage the SES.
11.3.3 Landscaping for parking lots under a canopy SES shall be designed
to manage runoff from the panels and be shade tolerant.
11.4.1 Small-scale SESs shall be incorporated into the landscaping or topographical
features when possible to mitigate the appearance of such structures.
11.5.1 Utility notification. No large-scale SES intended to be interconnected
with an electrical grid shall be constructed until evidence has been
given to the Planning Board that the utility company that operates
the electrical grid where the installation is to be located has been
informed of the owner or operator's intent to install an interconnected
customer-owned generator. Proof of a fully executed mutual agreement
with the utility company shall be provided to the Planning Board.
11.5.2 Maintenance. The large-scale SES owner or operator shall maintain
the facility in good condition. Maintenance shall include, but not
be limited to, painting, structural repairs, and integrity of security
measures. Site access shall be maintained to a level acceptable to
the Fire Chief, Police Chief, Town Engineer, Building Commissioner,
and Planning Board. The owner or operator shall be responsible for
the cost of maintaining the solar photovoltaic installation and any
access roads unless said access roads are accepted as public ways.
11.5.3 Emergency services. The large-scale SES owner and operator shall
provide a copy of the project summary, electrical schematic, and the
approved site plan to the Fire Chief. The owner or operator shall
provide an emergency response plan to the Building Department, the
Planning Department, Fire Department, the Police Department, and the
Department of Public Works (DPW). The emergency response plan is subject
to the Building Department, the Planning Department, Fire Department,
the Police Department, and the Department of Public Works (DPW). It
shall include, at minimum, explicit instructions on all means of shutting
down the large-scale SES, which shall be marked. The owner or operator
shall identify a responsible person for public inquiries throughout
the life of the installation and immediately notify the parties as
mentioned above of any change to the responsible person and his/her
contact information.
11.5.4 Safety and security.
1. Safety and security measures shall be subject to the approval of
the Building Department, the Planning Department, Fire Department,
Police Department, and the Department of Public Works prior to the
issuance of a building permit. The owner or operator shall be required
to provide emergency services with training on all equipment and procedures
referenced in the emergency response plan or which might otherwise
be necessary for emergency services to operate or perform.
2. The owner or operator shall be required to provide a Knox-Box® (a secure, tamper-proof storage box for keys
or other access tools) at each locked entrance to the facility and
maintain a complete set of all keys or devices required to gain emergency
access to all areas, buildings and equipment of the facility in each
Knox-Box®.
11.5.5 All appurtenant structures to large-scale SES shall be subject to
the Lexington Zoning Bylaw dimensional and density regulations concerning
the bulk and height of structures, lot area, setbacks, open space,
parking, and building coverage requirements. All such appurtenant
structures, including but not limited to equipment shelters, storage
facilities, transformers, and substations, shall be architecturally
compatible with each other. Whenever reasonable, structures should
be shaded from view by vegetation or other means and joined or clustered
to avoid adverse visual impacts.
11.5.6 Closure plan.
1. Without notice of a proposed date of decommissioning or written notice
of extenuating circumstances, the large-scale SES shall be considered
abandoned when it fails to operate for more than one year without
obtaining the Planning Board's written consent to so suspend operation.
If the owner or operator of the large-scale SES fails to remove the
installation following the requirements of this section within 150
days of abandonment or the proposed date of decommissioning, the Town
may enter the property and physically remove the installation.
2. Any large-scale SES which has reached the end of its useful life
or has been abandoned shall be removed. The owner or operator shall
decommission the installation no more than 150 days after the date
of abandonment or the proposed date of decommissioning. The owner
or operator shall notify the Building Commissioner by certified mail
of the proposed date of discontinued operations and plans for decommissioning.
Decommissioning shall consist of:
a. Physical removal of all large-scale SES 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 or revegetation of the site as necessary to minimize
erosion. The Building Commissioner may allow the owner or operator
to leave landscaping or designated below-grade foundations to minimize
erosion and disruption to vegetation.
11.5.7 Financial security.
1. The owner or operator of a large-scale SES shall provide a noncancelable
surety bond or another form of surety approved by the Planning Board
to cover the removal cost if the Town must remove the installation
and remediate the landscape.
2. The Planning Board shall review the amount and form of the surety
bond or other form of surety, but in no event shall it exceed more
than 125% of the estimated cost of removal and compliance with the
additional requirements set forth herein, as determined by the Planning
Board.
3. The applicant, owner, or operator shall submit a fully inclusive
estimate of the costs associated with removal, prepared by a qualified
professional engineer licensed in the Commonwealth of Massachusetts,
which the Planning Board shall review. The amount shall include a
mechanism for calculating increased removal costs due to inflation.
4. The owner or operator shall submit a revised fully inclusive decommissioning
estimate every five years to the Planning Board for review. Once reviewed,
the amount of surety shall be adjusted accordingly.