[Added 5-17-2010 ATM by Art. 17[1]]
A.
The purpose of this bylaw is to promote the creation of new large-scale
ground-mounted solar photovoltaic installations by providing standards
for the placement, design, construction, operation, monitoring, modification
and removal of such installations that address public safety and minimize
impacts on scenic, natural and historic resources.
B.
The provisions set forth in this section shall apply to the construction,
operation, modification and/or removal of large-scale ground-mounted
solar photovoltaic installations.
A.
This section applies to large-scale ground-mounted solar photovoltaic
installations proposed to be constructed after the effective date
of this section. This section also pertains to physical modifications
that materially alter the type, configuration, or size of these installations
or related equipment.
B.
Nothing in this article should be construed to prevent the installation
of accessory roof mounted solar photovoltaic installations.
The following requirements are common to all large-scale solar
photovoltaic installations to be sited in designated locations.
The construction and operation of all large-scale solar photovoltaic
installations shall be consistent with all applicable local, state
and federal requirements, including but not limited to all applicable
safety, construction, electrical, and communications requirements.
All buildings and fixtures forming part of a large-scale solar photovoltaic
installation shall be constructed in accordance with the State Building
Code.
A.
Building permit and building inspection. No large-scale solar photovoltaic
installation shall be constructed, installed or modified as provided
in this section without first obtaining a building permit.
B.
Fees. The application for a building permit for a large-scale solar
photovoltaic installation must be accompanied by the fee required
for a building permit.
C.
Site plan review.
(1)
Large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Planning Board prior to construction, installation or modification as provided in this section. A large-scale solar photovoltaic installation shall require site plan review as a major project under Article XVIII. An on-site photovoltaic installation shall require site plan review as a minor project under Article XVIII. The site plan review application shall be filed in accordance with Article XVIII.
(2)
The applicant shall demonstrate to the Planning Board's satisfaction
that the following design process was followed in determining the
layout of a proposed solar photovoltaic installation:
(a)
Understanding the development site. The first step is to inventory
existing site features, taking care to identify sensitive and noteworthy
natural, scenic and cultural resources on the site, and to determine
the connection of these important features to each other.
(b)
Evaluating site context. The second step is to evaluate the
site in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities.
All plans and maps shall be prepared, stamped and signed by
a professional engineer licensed to practice in Massachusetts.
A.
Pursuant to the site plan review process, the project proponent of
a large-scale solar voltaic installation shall provide the following
documents:
(1)
A site plan showing:
(a)
Property lines and physical features, including roads, for the
project site;
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures;
(c)
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 or vegetation;
(d)
One or three line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
(e)
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
(f)
Name, address, and contact information for proposed system installer;
(g)
Name, address, phone number and signature of the project proponent,
as well as all co-proponents or property owners, if any;
(h)
The name, contact information and signature of any agents representing
the project proponent; and
(2)
Documentation of actual or prospective access and control of the project site (see also § 300-146.7A);
(4)
Landscape plan (see also § 300-146.7B);
(5)
Zoning district designation for the parcel(s) of land comprising
the project site [submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose];
(6)
Proof of liability insurance; and
(7)
Description of financial surety that satisfies § 300-146.8C(3).
B.
The Planning Board may waive documentary requirements as it deems
appropriate.
The project proponent shall submit documentation of actual or
prospective access and control of the project site sufficient to allow
for construction and operation of the proposed large-scale solar photovoltaic
installation.
The project proponent shall submit a plan for the operation
and maintenance of the large-scale ground-mounted solar photovoltaic
installation, which shall include measures for maintaining safe access
to the installation, stormwater controls, as well as general procedures
for operation and maintenance of the installation.
No large-scale solar photovoltaic installation 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 solar photovoltaic installation
owner or operator's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
A.
Setbacks. The purpose of setbacks is to mitigate adverse impacts
on abutting properties. For large-scale, ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
B.
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be subject to
reasonable regulations adopted by the Planning Board after a public
hearing 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 shielded from view by existing vegetation or plantings and/or joined
or clustered to avoid adverse visual impacts.
C.
Frontage. The Planning Board may grant a waiver from the frontage
requirements of the underlying zoning district if the applicant can
demonstrate:
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 appurtenant structures,
shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties. Where feasible,
lighting of the solar photovoltaic installation shall be directed
downward and shall incorporate full cutoff fixtures to reduce light
pollution.
B.
C.
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the solar
photovoltaic installation underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements
of the utility provider. Electrical transformers for utility interconnections
may be aboveground if required by the utility provider.
A.
Emergency services plan. Prior to issuance of a building permit,
the large-scale solar photovoltaic installation owner or operator
shall provide a plan including but not limited to the project summary,
electrical schematic, and site plan to the Town's local safety officials
including the Police Chief, Fire Chief and Building Inspector. Upon
request the owner or operator shall cooperate with local safety officials
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.
Land clearing, soil erosion and habitat impacts.
(1)
Clearing of natural vegetation shall be limited to that which
is necessary for the construction, operation and maintenance of the
large-scale ground-mounted solar photovoltaic installation and per
practices of best management of natural areas or good husbandry of
the land or forest otherwise prescribed by applicable laws, regulations,
and bylaws.
(2)
Applicant shall submit a landscape plan detailing all proposed
changes to the landscape of the site, including temporary or permanent
roads or driveways, grading, vegetation clearing and planting, exterior
lighting and screening vegetation or structures. Lighting shall be
designed to minimize glare on abutting properties and be directed
downward with full cutoff fixtures to reduce light pollution.
A.
Solar photovoltaic installation conditions. The large-scale ground-mounted
solar photovoltaic installation 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. 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.
B.
Modifications. All material modifications to a large-scale ground-mounted
solar photovoltaic installation made after issuance of the required
building permit shall require approval by the Planning Board through
site plan review.
C.
Abandonment or decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar photovoltaic
installation which has reached the end of its useful life or has been
abandoned consistent with the abandonment section of this bylaw shall
be removed. The owner or operator shall physically remove the installation
no more than 150 days after the date of discontinued operations. The
owner or operator shall notify the Planning Board by certified mail
of the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, 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 re-vegetation 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.
(2)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than two years without the written consent of the Planning
Board. If the owner or operator of the large-scale ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with 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.
(3)
Financial surety. Proponents of 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 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 project proponent. Such surety will not
be required for municipally or state-owned facilities. The project
proponent 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.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.
