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.
28.4.2.
Expiration: A permit issued pursuant to this bylaw shall expire
if:
28.4.2.1.
the solar energy system is not installed and functioning within
24 months from the date the permit is issued; or
28.4.2.2.
the solar energy system is abandoned.
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.
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.