[Added 5-3-2012 ATM by Art. 23]
The purpose of this bylaw is to provide for the construction
and operation of solar energy systems and to provide standards for
the placement, design, construction, monitoring, modification and
removal of solar systems that address public safety, minimize impacts
on scenic, natural and historic resources of the Town and provide
adequate financial assurance for decommissioning. The provisions set
forth in this section shall take precedence over all other sections
when considering applications related to the construction, operation,
and/or repair of solar energy systems.
This section applies to all solar energy systems proposed to
be constructed after the effective date of this section.
[Amended 5-22-2021 ATM
by Art. 3]
See § 1.2.
The following requirements are common to all solar energy systems:
28.4.1.
Compliance with laws: The construction and operation of all
proposed solar energy systems 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.
28.4.3.
System conditions: Owners of solar energy systems shall be responsible
for maintaining them in good condition. Maintenance shall include,
but not be limited to, structural repairs and integrity of security
measures. Site access shall be maintained to a level acceptable to
the local Fire Chief and Emergency Services. The project owner shall
be responsible for the cost of maintaining the solar energy system
and any access road(s), and the cost of repairing any damage occurring
as a result of operation and construction.
28.4.4.
Modifications: All material modifications to a solar energy
system made after issuance of any approval issued pursuant to this
bylaw shall require approval by the Planning Board as provided in
this bylaw.
28.4.5.
Violations: It is unlawful for any person to construct, install,
or operate a solar energy system that is not in compliance with this
bylaw or with any condition contained in an approval or permit issued
pursuant to this bylaw.
28.5.1.
Building-integrated solar energy systems.
28.5.1.1.
Building-integrated solar energy systems shall not be erected,
constructed, installed or modified as provided in this section without
first obtaining an a building permit from the Building Inspector.
28.5.1.2.
Building-integrated solar energy systems solar systems that
are not flush mounted to an existing roof but are "slanted or tilted"
to meet desired angles must not exceed the overall building height
limits of the underlying district. The height shall be measured to
the highest protruding point of the solar system at its fullest extension.
28.5.1.3.
Building-integrated energy systems may be located in any zoning
district of the Town of Hadley.
28.5.2.
Small-scale, ground-mounted energy systems.
28.5.2.1.
Small-scale, ground-mounted energy systems shall not be erected,
constructed, installed or modified as provided in this section without
first obtaining an administrative review per § 28.6 of this
bylaw and a building permit. The Planning Board may waive any part
of the administrative review it judges to be unnecessary to the review
of a particular plan.
[Amended 10-25-2012 STM by Art. 17]
28.5.2.2.
Small-scale, ground-mounted energy systems may be located in
any zoning district of the Town of Hadley.
28.5.3.
Large-scale, ground-mounted solar energy systems.
28.5.3.1.
On-site generation: Large-scale, ground-mounted solar energy
systems that are designed as on-site solar energy systems shall not
be erected, constructed, installed or modified as provided in this
section without first obtaining an administrative review per § 28.6
of this bylaw and a commercial site plan approval from the Planning
Board per Section VIII of the Hadley Zoning Bylaws, and a building
permit from the Building Inspector.
28.5.3.2.
Off-site generation: Large-scale, ground-mounted solar energy
systems that are designed as off-site solar energy systems shall not
be erected, constructed, installed or modified as provided in this
section without first obtaining an administrative review per § 28.6
of this bylaw, commercial site plan approval per Section VIII of the
Hadley Zoning Bylaws, a solar energy system special permit per § 28.7
of this bylaw and § 6.2.2 of the Hadley Zoning Bylaws (all
from the Planning Board); and a building permit from the Building
Inspector.
28.5.3.3.
Districts: Large-scale, ground-mounted solar energy systems
shall only be located in the Agricultural/Residential District or
in the Industrial District.
28.5.3.4.
Screening: Large-scale, ground-mounted solar energy systems
and appurtenant structures shall be adequately screened from view
from public ways and neighboring properties with vegetation or behind
other existing structures.
28.5.3.5.
Consultants: Upon submission of an application for a large-scale,
ground-mounted solar energy system, the Planning Board will be authorized
to hire outside consultants, pursuant to MGL c. 44, § 53G.
As necessary, the applicant may be required to pay the consultant's
costs.
28.5.3.6.
Abandonment and decommissioning.
28.5.3.6..1
Financial surety:
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The Planning Board shall require owners of proposed large-scale,
ground-mounted solar energy systems to provide a form of surety, either
through escrow account, bond or otherwise as determined by the Town
Treasurer, to cover the cost of removal in the event the Town must
remove the system, of an amount 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. The surety account or bond
will be managed by the Town Treasurer's office.
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Such surety will not be required for municipally or state-owned
systems. 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 and other causes over the life of the system.
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28.5.3.6..2
Abandonment: Absent notice of a proposed
date of decommissioning, the system shall be considered abandoned
when the system fails to operate for more than one year without the
written consent of the Planning Board. The Planning Board shall determine
in its decision what proportion of the system is inoperable for the
system to be considered abandoned. If the applicant fails to remove
the solar energy system in accordance with the requirements of this
section within 150 days of abandonment or the proposed date of decommissioning,
the Town shall have the authority to enter the property and physically
remove the system, upon receipt of an appropriate court order or written
consent of the owner.
28.5.3.6..3
Removal requirements: Any large-scale,
ground-mounted solar energy system that has reached the end of its
useful life or has been abandoned shall be removed. When the solar
energy system is scheduled to be decommissioned, the applicant shall
notify the Town by certified mail of the proposed date of discontinued
operations and plans for removal. The owner/operator shall physically
remove the solar system no more than 150 days after the date of discontinued
operations. At the time of removal, the solar system site shall be
restored to the state it was in before the system was constructed
or any other legally authorized use. More specifically, decommissioning
shall consist of: (a) physical removal of all solar structures, equipment,
security barriers and transmission lines from the site; (b) disposal
of all solid and hazardous waste in accordance with local and state
waste disposal regulations; and (c) stabilization or revegetation
of the site as necessary to minimize erosion.
28.6.1.
Authority: The Planning Board will perform an administrative
review for all small-scale and large-scale ground-mounted solar energy
systems to assure compliance with the regulations in this section
of the bylaw.
28.6.2.
Purpose: This administrative review serves to verify conformance
with the requirements of this bylaw. It does not constitute a special
permit or discretionary approval.
28.6.3.
Procedures for administrative review.
28.6.3.1.
Interdepartmental review:
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The Planning Board shall transmit one copy of each application
to the Building Inspector, Conservation Commission, Fire Department,
and Police Department, who shall review the application and submit
their recommendations and comments to the Planning Board concerning:
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28.6.3.1..1
The adequacy of the data and methodology
used by the applicant to determine the impacts of the proposed development;
28.6.3.1..2
The effects of the projected impacts of
the proposed development; and
28.6.3.1..3
Recommended conditions or remedial measures
to accommodate or mitigate the expected impacts of the proposed development.
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Failure of boards or departments to make recommendations within
35 days of the referral of the application shall be deemed to be lack
of opposition.
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28.6.3.2.
Timeline for decision: The Planning Board shall take final action
within 90 days from receipt of a complete application to the Planning
Board. The Planning Board's final action in writing shall consist
of either:
28.6.3.2..1
Approval of the site plan based on a determination
that the proposed project is in compliance with the standards set
forth in this bylaw;
28.6.3.2..2
Disapproval of the site plan based on a
determination that the proposed project does not meet the standards
for review set forth in this bylaw; or
28.6.3.2..3
Approval of the project subject to any
conditions, modifications and restrictions which will ensure that
the project meets the standards set forth in this bylaw.
28.6.4.
General required documents. The administrative review application
shall be accompanied by nine copies of deliverables including the
following:
28.6.4.1.
A site plan showing:
28.6.4.1..1
Property lines and physical dimensions
of the subject property with contour intervals of no more than 10
feet;
28.6.4.1..2
Location, dimensions, and types of existing
major structures on the property;
28.6.4.1..3
Location of the proposed solar system structures,
foundations, and associated equipment;
28.6.4.1..4
The right-of-way of any public road that
is contiguous with the property;
28.6.4.1..5
Any overhead or underground utilities;
28.6.4.1..6
Location and approximate height of tree
cover;
28.6.4.1..7
Property lines of adjacent parcels within
300 feet;
28.6.4.1..8
At least one color photograph of the existing
site, measuring eight inches by 10 inches.
28.6.4.2.
Solar system technical specifications, including manufacturer
and model;
28.6.4.3.
One- or three-line electrical diagram showing associated components,
and electrical interconnection methods, with all NEC compliant disconnects
and overcurrent devices;
28.6.4.4.
Contact information and signature of the project proponent,
as well as all co-proponents, if any, and all property owners;
28.6.4.5.
Contact information and signature of agents representing the
project proponent, if any;
28.6.4.6.
Contact information for the person(s) responsible for public
inquiries throughout the life of the system;
28.6.4.7.
A plan for maintenance of the solar energy system;
28.6.4.8.
Solar energy system technical specifications, including manufacturer
and model;
28.6.4.9.
Tower foundation blueprints or drawings signed by a professional
engineer licensed to practice in the Commonwealth of Massachusetts;
28.6.4.10.
Electrical schematic;
28.6.4.11.
Analysis and design documents, completed
by a structural engineer registered to practice in the Commonwealth
of Massachusetts, demonstrating that the proposed building is structurally
sufficient to support the permanent installation of any proposed building-integrated
solar energy system;
28.6.4.12.
Elevation drawings of the building with
the proposed building-integrated solar energy system installed, viewed
from north, south, east, and west;
28.6.4.13.
Building schematic detailing point(s) of
connection and associated supports for the building-integrated solar
energy system;
28.6.4.14.
Schematic of attachment method for connecting
the building-integrated solar energy system to the building;
28.6.4.15.
Documentation that shows the owner of the
solar energy systems has liability insurance per § 28.6.5
of this bylaw;
28.6.4.16.
Documentation that shows the owner of the
solar energy system has site control per § 28.6.6 of this
bylaw;
28.6.4.17.
Documentation that shows the owner of the
solar energy system has notified the electric utility of this installation
per § 28.6.7 of this bylaw. Off-grid solar energy systems
are exempt from this requirement.
28.6.5.
Proof of liability insurance: The applicant shall be required
to provide evidence of liability insurance in an amount and for a
duration sufficient to cover loss or damage to persons and property
caused by the failure of the system.
28.6.6.
Site control: At the time of its application, the applicant
shall submit documentation of actual or prospective control of the
project site sufficient to allow for installation and use of the proposed
system. Documentation shall also include proof of control over setback
areas and access roads, if required. "Control" shall mean the legal
authority to prevent the use or construction of any structure for
human habitation within the setback areas.
28.6.7.
Utility notification: No solar energy system shall be installed
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
28.6.8.
Land clearing, soil erosion and habitat impacts: Clearing of
natural vegetation shall be limited to that which is necessary for
the construction, operation and maintenance of the solar system and
that which is otherwise prescribed by applicable bylaws and regulations.
All solar energy systems shall be installed with adequate ground clearance
such that maintenance of the ground below the panels may be maintained
by mechanical means and/or animals.
28.6.9.
Soil permeability: All land associated with solar energy systems
shall be natural vegetation. No system shall use impervious surfaces
in its foundations, footings or paths between solar panels. Exceptions
are concrete slabs on grade to support electrical switchgear and enclosures.
28.6.10.
Wildlife corridors: Solar energy systems shall be designed and
constructed to optimize the maintenance of wildlife corridors.
28.6.11.
Setbacks:
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Solar energy systems shall be set back a distance of at least
50 feet from the nearest property line and private or public way except
along Route 47, a designated scenic byway, where systems shall be
set back a distance of at least 100 feet from the public way or behind
the principal structure thereon, whichever is less. The Planning Board
may reduce the minimum setback distance as appropriate, based on site-specific
considerations, or written consent of the affected abutter(s), if
the project satisfies all other criteria for the granting of site
plan approval under the provisions of this section.
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On-site solar energy systems shall be located in back yards
and side yards, and not in front yards or the required front yard
setback.
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28.6.12.
Parking: Reasonable on-site parking is required for vehicles
that will service solar energy systems. However, the parking requirements
under § 5.4 of the Town of Hadley Zoning Bylaws do not apply
to solar energy systems.
The construction of a large-scale, ground-mounted solar energy
system intended for off-site generation shall require a special permit
as set forth in § 28.5.3.2 of this bylaw, and shall comply
with all requirements set forth herein.
28.7.1.
Lighting: Lighting of parts of the solar energy system shall
be limited to that required for safety and operational purposes, and
shall be shielded from abutting properties.
28.7.2.
Signage and advertising: Signs on the solar energy system shall
comply with the requirements of the Town's sign regulations, shall
not be used for displaying advertising of any kind, and shall be limited
to:
28.7.2.1.
Maximum of three signs shall be allowed providing the information
as detailed in § 28.3, and no sign shall exceed two square
feet in size;
[Amended 10-25-2012 STM by Art. 18]
28.7.2.2.
Those necessary to identify the owner, provide a 24-hour emergency
contact phone number;
28.7.2.3.
Educational signs providing information about the system and
the benefits of renewable energy;
28.7.2.4.
Any signs as may be required by government agencies may be exempt
from this sign section.
28.7.3.
Utility connections: Reasonable efforts shall be made to locate
all utility connections from the solar energy system 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 above ground if required
by the utility provider.
28.7.4.
Appurtenant structures: All appurtenant structures to such solar
energy systems shall be subject to the same regulations concerning
the bulk and height of structures and determining yard sizes, lot
area, setbacks, open space, and building coverage requirements as
may apply in the underlying zoning district. Whenever reasonable,
structures should be screened from view by vegetation.
28.7.5.
Emergency services: The applicant shall provide a copy of the
project summary, electrical schematic, and site plan to the local
emergency services providers, as designated by the Planning Board.
Upon request, the applicant shall cooperate with local emergency services
in developing an emergency response plan. All means of disconnecting
the solar energy system shall be clearly marked. The applicant or
system owner shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout
the life of the project.
28.7.6.
Unauthorized access: The solar energy system shall be designed
to prevent unauthorized access. Electrical equipment shall be locked
where possible.
28.7.7.
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 solar energy
system.
28.7.8.
Visualizations: The Planning Board may select up to four sight
lines, including from the nearest building with a view of the solar
system, for pre- and post-construction view representations. Sites
for the view representations shall be selected from populated areas
proximate to the proposed solar energy system. View representations
shall have the following characteristics:
28.7.8.1.
View representations shall be in color and shall include actual
preconstruction photographs and accurate post-construction simulations
of the height and breadth of the solar system (e.g., superimpositions
of the solar system onto photographs of existing views);
28.7.8.2.
All view representations will include existing, or proposed,
buildings or tree coverage;
28.7.8.3.
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
28.7.9.
Landscape plan: A plan indicating all proposed changes to the
landscape of the site, including temporary or permanent roads or driveways,
grading, vegetation clearing and planting, exterior lighting, 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.
Except where they are inconsistent with the provisions of this
bylaw, the requirements of the commercial site plan approval, as defined
in Section VIII of the Town of Hadley Zoning Bylaws, also apply to
large-scale, ground-mounted solar energy systems in all districts
allowed under this bylaw.
