A.
The purpose of this article is:
(1)
To provide standards for the placement, design, construction,
operation, monitoring, modification and removal of large-scale ground-mounted
solar photovoltaic installations;
(2)
To minimize the adverse impacts of large-scale ground-mounted
solar photovoltaic installations on adjacent properties and residential
neighborhoods;
(3)
To minimize impacts on scenic, natural and historic resources;
and
(4)
To provide adequate financial assurance for the eventual decommissioning
of such installations.
B.
The provisions set forth in this article shall take precedence over
all other provisions of this bylaw when considering applications related
to the construction, operation, and/or repair of large-scale ground-mounted
solar photovoltaic installations.
In addition to Article VI of this bylaw, the following definitions shall apply to large-scale ground-mounted solar photovoltaic installations:
A solar photovoltaic system on a parcel of at least 20 acres
that is structurally mounted on the ground and is not roof-mounted,
and has a minimum nameplate capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
This article applies to any large-scale ground-mounted solar
photovoltaic installation proposed to be constructed after the effective
date of this article. Such installation may proceed as of right as
set forth in the Table of Use Regulations[1] without the need for a special permit, variance, site
plan approval, zoning amendment, waiver, or other discretionary approval.
Any modification of any existing large-scale ground-mounted solar
photovoltaic installation that materially alters the type, configuration,
or size of such facility or related equipment shall also be subject
to the article.
The following requirements are common to all large-scale ground-mounted
solar photovoltaic installations.
A.
Compliance with laws, ordinances and regulations. The construction
and operation of all such proposed large-scale ground-mounted solar
photovoltaic installations shall be consistent with all applicable
local, state and federal requirements, including but not limited to
all applicable safety, construction, environmental, electrical, communications
and aviation requirements.
B.
Development plan review, building permit. No large-scale ground-mounted solar photovoltaic installation shall be erected, constructed, installed or modified as provided in this article without first obtaining approval from the Planning Board for development plan approval pursuant to § 240-16 of this bylaw and without first obtaining a building permit and all other applicable permits required by law. In the event development plan review is not completed by the Planning Board one year from the date of application, the application shall be deemed approved.
C.
Fees. The application for a building permit for a large-scale ground-mounted
solar photovoltaic installation must be accompanied by the fee required
for a building permit and all other applicable permits required by
law.
A.
An application for a building permit for a large-scale ground-mounted
solar photovoltaic installation shall include the following information.
All plans and maps shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts.
(1)
Blueprints or drawings of the solar photovoltaic installation
signed by a professional engineer licensed to practice in the Commonwealth
of Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures;
(2)
One or three line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all Massachusetts Electrical Code compliant disconnects
and overcurrent devices;
(3)
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
(4)
Name, address, and contact information for proposed system installer;
(5)
Name, address, phone number and signature of the project proponent,
as well as all co-proponents or property owners, if any;
(6)
The name, contact information and signature of any agents representing
the project proponent;
(7)
Documentation of actual or prospective access and control of
the project site;
(8)
An operation and maintenance plan including measures for maintaining
safe access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation;
(9)
Proof of liability insurance;
(10)
Evidence that the utility company that operates the electrical
grid where the installation is to be located has been informed of
the applicant's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
B.
Site control. The applicant shall submit documentation of actual
or prospective access and control of the project site sufficient to
allow for installation and operation of the proposed installation.
Control shall include the legal authority to prevent the use or construction
of any structure for human habitation within the setback areas.
C.
Operation and maintenance plan. The applicant shall submit a plan
for maintenance of access roads and stormwater controls, as well as
general procedures for operational maintenance of the installation.
D.
Utility notification. No large-scale ground-mounted solar photovoltaic
installation facility shall be installed until evidence has been submitted
that the utility company that operates the electrical grid where the
installation is to be located has been informed of the customer's
intent to install such installation. Off-grid systems shall be exempt
from this requirement.
The following standards shall apply to any large-scale ground-mounted
solar photovoltaic installation.
A.
Lighting. Lighting of large-scale ground-mounted solar photovoltaic
installations shall be consistent with local, state and federal law.
Lighting of other parts of the installation, such as accessory structures,
shall be limited to that required for safety and operational purposes,
and shall not cast measurable light onto adjacent properties or into
the night sky. Lighting of the solar photovoltaic installation shall
be directed downward and shall incorporate full cut-off fixtures to
reduce light pollution.
B.
Signage. Signs on such installations shall comply with the Town's
Sign Bylaw.[1] The following signs shall be required:
(1)
Those necessary to identify the owner, provide a twenty-four-hour
emergency contact phone number, and warn of any danger.
(2)
Educational signs providing information about the facility and
the benefits of renewable energy.
(3)
Installations shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the facility.
C.
Utility connections. The Building Inspector may require as a condition
of site plan approval that all utility connections from the solar
photovoltaic installation shall be underground, after considering
soil conditions, shape, and topography of the site and any requirements
of the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
D.
Accessory structures. All accessory structures to large-scale ground-mounted
solar photovoltaic installations shall be subject to reasonable regulations
concerning the bulk and height of structures, lot area, setbacks,
open space, parking and building coverage requirements. All such accessory
structures, including, but not limited to, equipment shelters, storage
facilities, transformers, and substations, shall be architecturally
compatible with each other. To the maximum extent feasible, structures
which are visible or directly adjacent to residentially zoned or occupied
properties or which are adjacent to a public way shall be screened
from view by landscaping or other means and/or joined or clustered
to avoid adverse visual impacts.
E.
Dimensional and density requirements; setbacks. For large-scale ground-mounted
solar photovoltaic installations, front, side and rear setbacks shall
be as follows:
(1)
Front yard. The front yard depth shall be at least 20 feet;
provided, however, that where the lot abuts a Residential District,
the front yard shall not be less than 100 feet.
(2)
Side yard. Each side yard shall have a depth at least 10 feet;
provided, however, that where the lot abuts a Residential District,
the side yard shall not be less than 100 feet.
(3)
Rear yard. The rear yard depth shall be at least 20 feet; provided,
however, that where the lot abuts a Residential District, the rear
yard shall not be less than 100 feet.
F.
Land clearing, soil erosion and habitat impacts. Given the nature
of the need for no shadowing and maximum exposure of the solar panels
to the sun, clearing of natural vegetation shall be limited to that
which is necessary for the construction, operation and maintenance
of the installation or otherwise prescribed by applicable laws, regulations,
and bylaws.
The following standards shall apply to any large-scale ground-mounted
solar photovoltaic installation.
A.
Emergency services. The large-scale ground-mounted solar photovoltaic
installation 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 local emergency
services in developing an emergency response plan. All means of shutting
down the solar photovoltaic installation shall be clearly marked.
The owner or operator shall identify a responsible person for public
inquiries throughout the life of the installation.
B.
Unauthorized access. Installations shall be surrounded by security
fencing of at least eight feet or other suitable barrier approved
by the Planning Board, including locked gates to prevent unauthorized
access. Electrical equipment shall be locked where possible. A Knox
box approved by the Fire Chief shall be provided and installed at
a location on site approved by the Fire Chief and contain keys and
contact information for access to the facility in the event of an
emergency.
C.
Monitoring and maintenance. The owner or operator of the large-scale
ground-mounted solar photovoltaic installation 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 local Fire Chief and Emergency Medical Services. The owner or
operator shall be responsible for the cost of maintaining the solar
photovoltaic installation and any access road(s), unless accepted
as a public way.
Nothing in this article shall be construed to prevent the installation,
pursuant to M.G.L. ch. 40A, § 3, of accessory roof-mounted
solar photovoltaic installations in any district.
The applicant for a large-scale ground-mounted solar photovoltaic
installation 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 installation and remediate the landscape,
in an amount and form determined to be reasonable by the Planning
Board, but in no event to exceed more than 125% of the cost of removal
and compliance with the additional requirements set forth herein,
as determined by the applicant. Such surety will not be required for
municipally- or state-owned facilities. 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.
Large-scale ground-mounted solar photovoltaic installations
shall be allowed to be constructed upon any municipal property meeting
the requirements of this bylaw regardless of the zoning district.
