[Added 4-28-2014 ATM by
Art. 34; amended 5-17-2021 ATM by Art. 28]
The purpose of this Article is to promote and regulate the use
of residential, commercial and municipal solar energy systems (SES)
within the Town of Medfield and encourage their location and use in
a manner which minimizes negative visual and environmental impacts
on scenic, natural and historic resources and to the residents of
Medfield. In the event of conflicting language, the provisions set
forth in this Article shall take precedence over all other sections
of the Medfield Zoning Bylaws when considering applications related
to the construction, operation and/or repair of solar energy systems.
The requirements of this Article shall apply to all solar energy
systems installed or modified in a manner that materially alters the
type, configuration, or size of these installations or related equipment
after the effective date of this Article, excluding general maintenance
and repair.
As used in this Article, the following terms shall have the
meanings indicated:
An SES that is directly structurally mounted on the ground,
including a large-scale ground-mounted solar photovoltaic array, a
medium-scale ground-mounted solar photovoltaic array, a small-scale
ground-mounted solar photovoltaic array and a solar parking canopy
solar photovoltaic array.
An SES that is structurally mounted on the ground and is
not roof-mounted, and has a rated nameplate capacity equal to 250
kW DC or greater.
An SES that has a rated nameplate capacity of between 10kW
and 250 kW DC and is structurally mounted on the ground, not roof-mounted.
A roof application of a ground-mounted solar photovoltaic
array that is installed on top of a functional parking surface (striped,
in use) that maintains the function of the area beneath the canopy;
also known as "solar carports," which provide some protection or shelter
to vehicles or equipment parked or stored below.
The maximum rated output of electric power production of
the SES in direct current (DC).
Any equipment, building, structure, access way, landscaping
or other means used to support the operation, or disguise the appearance,
of a solar photovoltaic tower, antenna, or transmitting or receiving
equipment of any kind.
An SES that is structurally mounted to and confined to the
limits of the roof of a building or structure. This is intended to
serve as an accessory use to the primary use on the property and may
be used to provide electricity, hot water, or space heating and cooling.
A solar energy system that is equivalent to a rated nameplate
capacity of up to 10 kW and is structurally mounted on the ground,
not roof-mounted.
A device whose primary purpose is the collection, storage,
and distribution of solar energy for space heating or cooling, electricity
generation, or water heating, which can be ground mounted or rooftop
mounted. Solar energy systems include photovoltaic panels, mounting
structures, transmission lines and any other equipment, or structure,
including access ways or landscaping, used to support solar photovoltaic
activities.
In order to allow new solar energy systems (SES) to be located
efficiently and in areas that will have the least visual and environmental
impact, there is hereby created the following Town-wide Solar Photovoltaic
Overlay District (PVOD) consisting of the following subdistricts:
A.Â
Large-Scale Ground-Mounted Solar Photovoltaic Overlay Subdistrict.
This district shall consist of the following land and parcels: All
land and parcels within the boundaries of the Industrial Extensive
(IE) Zoning District shown on the Zoning Map and as described in Article
3 elsewhere in this Bylaw.
B.Â
Medium-Scale Ground-Mounted Solar Photovoltaic Overlay Subdistrict.
This district shall consist of the following land and parcels: All
land and parcels within the boundaries of the Industrial Extensive
(IE), Business (B), Business Industrial (BI), and Agricultural (A)
Zoning Districts shown on the Zoning Map and as described in Article
3 elsewhere in this Bylaw.
C.Â
Small-Scale Ground-Mounted Solar Photovoltaic Overlay Subdistrict.
This district shall consist of the following land and parcels: All
land and parcels within the boundaries of the Industrial Extensive
(IE), Business (B), Business Industrial (BI), Agricultural (A), and
all Residential (RE, RT, RS, RU) Zoning Districts shown on the Zoning
Map and as described in Article 3 elsewhere in this Bylaw.
D.Â
Solar Parking Canopy Solar Photovoltaic Overlay Subdistrict. This
district shall consist of the following land and parcels: All land
and parcels within the boundaries of the Industrial Extensive (IE),
Business (B), Business Industrial (BI), and Agricultural (A) Zoning
Districts shown on the Zoning Map and as described in Article 3 elsewhere
in this Bylaw.
E.Â
Roof-Mounted Solar Photovoltaic Overlay Subdistrict. This district
shall consist of the following land and parcels: All land and parcels
within the boundaries of the Industrial Extensive (IE), Business (B),
Business Industrial (BI), Agricultural (A), and all Residential (RE,
RT, RS, RU) Zoning Districts shown on the Zoning Map and as described
in Article 3 elsewhere in this Bylaw.
F.Â
Municipal Solar Photovoltaic Overlay Subdistrict. This district shall
consist of the following land and parcels: All municipally owned land
and parcels, buildings and structures within the boundaries of the
Industrial Extensive (IE), Business (B), Business Industrial (BI),
Agricultural (A), and all Residential (RE, RT, RS, RU) Zoning Districts
shown on the Zoning Map and as described in Article 3 elsewhere in
this Bylaw.
The Solar Photovoltaic Facilities Overlay District (PVOD) shall
be considered as overlying other use districts established by this
Bylaw. Within the PVOD, the requirements of the underlying district
continue to apply, such as all uses permissible and as regulated within
the underlying district, including uses requiring site plan approval,
and all uses permitted by special permit in the underlying district
at that location may be allowed upon the issuance of a special permit
by the designated special permit granting authority under such conditions
as the Board may require, except as may be specifically superseded
herein and in the table below.
Table 19.5
| |||
---|---|---|---|
Subdistrict Name
|
Allowable Districts
|
Permitting Process
|
Dimensional Requirements
|
Large-scale ground-mounted
|
IE
|
By-right with SPA
|
As Noted
|
Medium-scale ground-mounted
|
IE, B, BI, A
|
By-right with SPA
|
As Noted
|
Small-scale ground-mounted
|
IE, B, BI, RE, RT, RS, RU, A
|
By-right
|
Underlying Zoning District
|
Solar parking canopy
|
IE, A
|
By-right with SPA
|
As Noted
|
B, BI
|
PB-SP
| ||
Roof-mounted (all sizes)
|
IE, B, BI, RE, RT, RS, RU, A
|
By-right
|
As Noted
|
Municipal (all sizes of ground-mounted, parking canopy, and
roof-mounted)
|
IE, B, BI, RE, RT, RS, RU, A
|
By-right with SPA
|
As Noted
|
A.Â
Roof-mounted solar energy systems of any size shall be permitted
as a by-right accessory use in all use districts. The installation
of roof-mounted solar energy systems shall not be considered a change,
extension or alteration that requires a finding by the Zoning Board
of Appeals per M.G.L. c. 40A, § 6 if the roof-mounted solar
energy systems meet the following requirements:
(1)Â
Comply with the regulations provided in this section; and
(2)Â
Are located on properties with nonconforming uses or structures;
and
(3)Â
Do not increase the nonconformity of such nonconforming uses
or structures except with respect to the dimensions of the roof-mounted
solar energy system in question.
B.Â
Municipal solar energy systems: Notwithstanding the solar energy
use provisions above, solar energy systems, whether ground-mounted,
parking canopy, or roof-mounted of any scale, may be installed as
of right on municipally owned or leased property in all zoning districts.
Ground-mounted solar energy systems or municipally owned or leased
land require site plan review. The same dimensional, design and general
requirements that apply to privately installed and operated solar
energy systems shall apply to solar energy systems installed on municipally
owned property.
C.Â
Where solar energy systems would be installed in an Historic District,
the system shall require approval by the Historic District Commission.
The establishment of a large-scale ground-mounted solar photovoltaic array, medium-scale ground-mounted solar photovoltaic array, and parking canopy solar photovoltaic array shall be allowed by right in the Industrial-Extensive Zone and subject to site plan approval in accordance with § 300-14.12 and a building permit, provided that the following minimum requirements are met. Parking canopy solar photovoltaic arrays shall be allowed by special permit in Business and Business Industrial Zones and are subject to site plan approval and the following requirements.
A.Â
Site control. The project proponent shall submit documentation of
actual access and control of the project site sufficient to allow
for construction and operation of the proposed solar photovoltaic
installation.
B.Â
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted,
medium-scale ground-mounted SES or solar parking canopy, which shall
include measures for maintaining safe access to the installation,
stormwater controls, as well as general procedures for operational
maintenance of the installation.
C.Â
Utility notification. No ground-mounted solar photovoltaic array
shall be constructed until written confirmation 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's or operator's
intent to install an interconnected customer-owned generator and its
acceptance of the owner's or operator's request to connect
to the grid. Off-grid systems shall be exempt from this requirement.
A.Â
For large-scale ground-mounted solar photovoltaic arrays, front,
side and rear setbacks shall be as follows:
(1)Â
Minimum lot area: 40,000 square feet.
(2)Â
Minimum front setback: 50 feet.*
(3)Â
Minimum side setback: 100 feet.*
(4)Â
Minimum rear setback: 50 feet.*
(5)Â
Maximum lot coverage: 90%.
(6)Â
Lot width, lot depth, perfect square: none required.
(7)Â
Height. Height shall be determined by each individual panel
measured to the grade level beneath that panel and shall not exceed
18 feet from the preexisting natural grade.
(8)Â
Parking requirement. No additional parking is required for this
use as long as there is no full-time on-site system operator required
following installation of the large-scale solar photovoltaic installation.
B.Â
For medium-scale ground-mounted solar photovoltaic arrays, front,
sides, and rear setbacks shall be as follows:
(1)Â
Minimum lot area: 20,000 square feet.
(2)Â
Minimum front setback: 25 feet.*
(3)Â
Minimum side setback: 20 feet.*
(4)Â
Minimum rear setback: 20 feet.*
(5)Â
Maximum lot coverage: 90%.
(6)Â
Lot width, lot depth, perfect square: none required.
(7)Â
Height. Height shall be determined by each individual panel
measured to the grade level beneath the panel and shall not exceed
18 feet from the preexisting natural grade.
C.Â
Small-scale ground-mounted solar photovoltaic arrays shall be constructed
in accordance with the bulk and dimensional requirements applicable
to accessory structures in the underlying district as defined in elsewhere
in the Zoning Bylaw.
D.Â
Parking canopy solar photovoltaic arrays shall be allowed where parking
is permitted and shall be constructed in accordance with the bulk
and dimensional requirements applicable to parking in the underlying
district as defined elsewhere in the Zoning Bylaw, except as otherwise
provided herein:
(1)Â
Setbacks: Parking canopy solar photovoltaic arrays of any size
in any zone shall meet setback requirements for accessory structures
in underlying zone.*
(2)Â
If parking canopy abuts a residential use, additional setbacks
may be required at the discretion of the Planning Board.*
(3)Â
Height. Height shall be determined by each individual panel
measured to the grade level beneath the panel and shall meet height
requirements in the underlying zone; not to exceed the height of the
principal building structure. The minimum height should be 14 feet
at the lowest point to allow for vehicles to pass below.
E.Â
*Setbacks for ground-mounted solar photovoltaic arrays or municipal solar energy systems may be increased or reduced if, in the opinion of the Planning Board based on evidence submitted by applicant, existing and/or proposed screening will be adequate to minimize visual impact (as described in § 300-19.10D). Under no circumstance will setbacks be reduced to less than the dimensional requirements for the zoning district. A special permit may be granted by the Planning Board for by-right ground-mounted systems for reduced setbacks.
F.Â
For roof-mounted solar energy systems or municipal solar energy systems
dimensional requirements shall be as follows:
(1)Â
Minimum lot area: None.
(2)Â
Setbacks: Roof-mounted solar energy systems shall comply with
existing setbacks. Setbacks from the roofline shall comply with safety
requirements in the State Building, Electrical, and Fire Codes.
(3)Â
Height: Roof-mounted solar energy systems shall be exempt from
underlying height requirements, but shall not exceed five feet to
the top of the SES when measured from the base of the roof to which
the SES is affixed unless site plan approval allowing additional height
is obtained from the Planning Board. Where the pitch of the roof is
15° or greater, roof-mounted solar energy systems shall be mounted
parallel to the roof surface.
All appurtenant structures to ground-mounted solar photovoltaic
arrays, including, but not limited to, equipment shelters, storage
facilities, batteries or other electric storage, transformers and
substations, should be screened from view from abutting properties
and public ways by vegetation and/or joined or clustered, as determined
by the Planning Board, to avoid adverse visual impacts on abutting
properties or public ways.
A.Â
Lighting. Lighting of solar energy systems 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 shielded from abutting
properties. Lighting of the solar photovoltaic installation shall
be directed downward and shall incorporate full cut-off fixtures to
reduce light pollution.
B.Â
Signage. Signs on solar energy systems shall comply with the sign bylaw (Article 13), except that one additional sign no more than one square foot in area shall be required to identify the owner and provide 24-hour emergency contact information. Solar photovoltaic installations shall not be used for displaying any advertising except for identification of the manufacturer or operator of the solar photovoltaic installation.
C.Â
Utility connections. All utility connections from the solar energy
systems shall be underground; provided, however, that the Planning
Board may waive this requirement as part of its site plan approval
based on soil conditions, shape, and topography of the site and/or
any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
A.Â
Emergency services. The solar energy system owner or operator shall
provide a copy of the project summary, electrical schematic, and site
plan to the Fire Chief. The owner or operator shall coordinate and
train local emergency services and develop an emergency response plan
that includes a 24-hour per day, seven days a week contact. The means
to shut down the solar energy systems will be clearly marked. The
owner or operator shall identify a responsible person for public inquiries
throughout the life of the installation.
B.Â
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the solar energy systems or otherwise
prescribed by applicable laws, regulations, and by laws. Herbicides
shall only be applied by properly licensed personnel. Mowing, grazing,
or using geotextile materials underneath the solar arrays may be permissible
alternatives and require Planning Board approval as part of the site
plan review.
C.Â
Impact on agricultural and environmentally sensitive land. The solar
energy systems shall be designed to minimize stormwater, temperature
and other environmental impacts to agricultural and environmentally
sensitive land, including abutting parcels, and to be compatible with
continued agricultural use of the land whenever possible.
D.Â
Visual impact. Structures shall be shielded from view by vegetation
and/or joined and clustered to minimize adverse visual impacts. Landscaping,
natural features, opaque fencing and other suitable methods shall
be utilized. Solar energy systems permitted under this Bylaw are bound
by the buffer requirements found in Article 6 of this Bylaw for parcels
that adjoin residential districts. Additionally, a screening plan
shall be submitted ensuring that the solar arrays and any appurtenant
structures do not create a glare concern for adjacent residences and
are screened from roads and from adjacent lots by a minimum 25-foot-wide
buffer strip and shall contain a screen of plantings not less than
five feet in width and six feet in height at the time of operation
of the facility or such greater height as required by the Planning
Board depending on the location of the site. The Planning Board may
alter or waive this requirement if such screening would have a detrimental
impact on the operation and performance of the array, or would prove
to be ineffective for the site. A diversity of plant species shall
be used, with a preference for species native to New England. Use
of invasive plants, as identified by the most recent copy of the "Massachusetts
Prohibited Plant List" maintained by the Massachusetts Department
of Agricultural Resources, is prohibited.
E.Â
Noise. Noise generated by solar energy systems and associated equipment
and machinery shall conform to applicable state noise regulations,
including the DEP's Division of Air Quality noise regulations,
310 CMR 7.10.
F.Â
Security. Installation of fencing and/or other access control measures
shall be employed to limit access to the solar energy systems to facility
personnel and emergency responders. Outdoor access control measures
shall be compatible with the character of the area in which they are
installed and shall be approved by the Planning Board as part of the
site plan review. In the application, the applicant shall provide
a description of all access control measures planned for the proposed
installation.
A.Â
Solar energy system conditions. The solar energy system owner or
operator shall maintain the facility in very good condition. Maintenance
shall include, but not be limited to, painting, structural repairs,
trash removal, pest control, and integrity of security measures. Site
access shall be maintained to a level acceptable to the Town Public
Safety Officials. The owner or operator shall be responsible for the
cost of maintaining the solar energy systems and any access road(s),
unless accepted as a public way.
B.Â
Modifications. Any modifications to a solar energy system made after issuance of the required building permit shall require approval by the Planning Board in accordance with § 300-14.12.
C.Â
Removal requirements.
(1)Â
Any ground-mounted solar photovoltaic array which has reached the end of its useful life or has been abandoned consistent with Subsection D of this section 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 and Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal.
(2)Â
Decommissioning shall consist of:
(a)Â
Physical removal of all ground-mounted solar photovoltaic installations,
structures, equipment, security barriers and transmission lines from
the site.
(b)Â
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)Â
Stabilization and revegetation 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. Otherwise, the site shall be
brought back to its original condition or better with new trees planted.
D.Â
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar energy system
shall be considered abandoned when it fails to operate for more than
six months without the written consent of the Planning Board. If the
owner or operator of the 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 take appropriate enforcement action, including pursuing
all available civil or criminal penalties.
E.Â
Failure to comply with regulation. If an applicant fails to comply
with the requirements of this regulation, the Town may elect to enforce
the regulation by revoking the license granted to the applicant, by
entering the property and removing the installation, which expenses
shall be paid by the applicant or landowner within 30 days of notice
by the Town. If such expenses are not paid in full, the Town may impose
a lien. In addition, the applicant or landowner shall be liable jointly
and severably for all expenses the Town incurs in obtaining judicial
enforcement of this Article.
A.Â
Prior to the issuance of a building permit for a solar energy system, plans for the proposed facilities shall be submitted to the Planning Board for site plan review. In addition to the requirements of § 300-14.12 for site plan approval, applications for a solar energy system shall also include:
(1)Â
A site plan showing:
(a)Â
Property lines and physical features, including access roads
for the project site.
(b)Â
A locus map showing the site in relationship to the properties,
easements, and roadways in reasonable proximity thereto, including
buildings, structures, driveway openings, off-street parking and all
public or private ways.
(c)Â
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation and
structures.
(d)Â
Elevations and/or photo simulations of the proposed facility
from the nearest public way and possibly other locations at the discretion
of the Planning Board.
(e)Â
Drawings of the solar energy system 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.
(f)Â
One- or three-line electrical diagram detailing the solar energy
system, associated components, and electrical interconnection methods,
with all National Electrical Code compliant disconnects and overcurrent
devices.
(g)Â
A stormwater runoff evaluation that includes water and temperature
impacts to receptors and a stormwater management plan to mitigate
impacts.
(h)Â
An erosion and sedimentation control plan.
(i)Â
Documentation of the major system components to be used, including
the panels, mounting system, and inverter.
(j)Â
Name, address, and contact information for proposed system installer.
(k)Â
Name, address, telephone number and signature of the project
proponent, as well as all co-proponents and/or property owners, if
any.
(l)Â
The name, contact information and signature of any agents representing
the project proponent.
(2)Â
Documentation of actual or prospective access and control of
the project site.
(3)Â
An operation and maintenance plan.
(4)Â
Documentation of the major system components to be used, including
the electric-generating photovoltaic panels, mounting system, inverter,
etc., shall be provided [including applicable material safety data
sheets (MSDS)].
(5)Â
A list of any hazardous materials proposed to be located on
the site in excess of household quantities and a plan to prevent their
release to the environment, as appropriate [including applicable material
safety data sheets (MSDS)].
(6)Â
A decommissioning plan in compliance with § 300-19.11C.
(7)Â
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].
(8)Â
Proof of liability insurance.
(9)Â
Description of financial surety as required by § 200-19.11E.
(10)Â
Photometric plan for any required site lighting with specific
cutsheet details.
(11)Â
A rendering or photo simulation showing the proposed project
at completion.
(12)Â
Locations of wetlands and priority habitat areas defined by
the Natural Heritage and Endangered Species Program (NHESP); the applicant
shall provide evidence of compliance with these regulations.
(13)Â
Plans showing provision of water, including that needed for
fire protection.
(14)Â
Plans showing existing trees of six inches caliper or larger.
B.Â
The Planning Board may waive documentary requirements as it deems
appropriate. All waiver requests must be written on the site plan.
A.Â
Notice of application to Planning Board shall be filed by the applicant
with the Town Clerk, who shall date stamp it and forward a copy of
the notice to the Planning Board. Upon receipt of an application,
the Town Planner shall review it for completeness and file a determination
of completeness or a notice of missing items with the Town Clerk within
21 days of the date stamped on the notice by the Town Clerk unless
an extension of time is agreed to in writing by the applicant. A copy
of this notice shall also be sent to the applicant.
B.Â
Following the procedures and review criteria of § 300-14.12 and the requirements of this Article, the Planning Board shall review the application and file its site plan decision with the Town Clerk within 120 days of a determination of completeness by the Town Planner. Failure by the Planning Board to take final action and file its decision with the Town Clerk within the allotted time, unless an extension of time is agreed to in writing by the applicant, shall be deemed to be approval of the site plan.
Engineer-stamped as-built plans shall be submitted to the Building
Commissioner before a certificate of completion or occupancy may be
issued.
The Building Commissioner and Planning Board shall be notified
at least 30 days in advance of any proposed change in the owner or
operator of a large and medium ground-mounted and parking canopy solar
photovoltaic installation, which notice shall include the contact
information of the proposed new owner/operator. A change in ownership
shall require advance approval by the Planning Board. Such approval
shall not be unreasonably withheld and shall be based principally
on the experience and financial strength of the proposed new owner.
The owner or operator of the installation shall submit an annual
report to the Building Commissioner and the Planning Board which certifies
compliance with the requirements of this Bylaw and their approved
site plan, including control of vegetation, stormwater, noise standards,
emergency response and adequacy of road access, by January 15 of each
year.
If any provision herein is determined to be unlawful, it shall
be severed from this Article and all remaining provisions shall remain
in force and effect.