A.
Subject to the limitations set forth in this bylaw,
a related minor use or structure which is either necessary to the
operation or enjoyment of a lawful principal use, or customarily incidental
and subordinate to any such use, shall be permitted as an accessory
use. Such use shall be permitted only on the same lot with the building
to which it is an accessory except as provided in this bylaw.
[Added 5-5-2014 ATM by Art. 20]
A.
Purpose. The purpose of this section is to provide a permitting process
for solar photovoltaic installations so that they may be utilized
in a cost-effective, efficient, and timely manner to increase the
use of distributed generation; to integrate these installations into
the community in a manner that minimizes their impacts on the character
of neighborhoods, on property values, and on the scenic, historic,
and environmental resources of the Town; and to protect health and
safety, while allowing solar photovoltaic technologies to be utilized.
B.
Applicability. This section applies to large scale solar photovoltaic
installations proposed to be constructed after the effective date
of this bylaw. This section also applies to material modifications
that alter the type, number, configuration or size of any existing
large scale solar photovoltaic installation.
C.
Large scale solar photovoltaic installations - use regulations.
(1)
Large scale solar photovoltaic installations that occupy one
acre or less shall only be constructed or materially modified after
the issuance of site plan approval by the SPGA and a building permit
by the Building Inspector. No building permit shall be issued without
a site plan approved by the Dalton Planning Board.
D.
Compliance. The construction, maintenance, operation, modification
and removal of a large scale solar photovoltaic installation shall
comply with all applicable local, state, and federal requirements.
E.
Site control. The applicant shall demonstrate legal control over
the proposed site sufficient to allow for the construction and operation
of the large scale solar photovoltaic installation. 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.
F.
Utility notification. The applicant shall demonstrate that it has
notified the operator of the electric grid that it intends to connect
the large scale solar photovoltaic installation to the electric grid.
Off-grid installations are exempt from this requirement.
G.
Financial surety. Applicants seeking to construct a large scale solar
photovoltaic installation shall provide a form of surety to cover
the cost of removal and restoration of the site in the event the site
is abandoned. The amount and form of surety shall be determined by
the SPGA, but in no event shall the amount exceed 125% of the cost
of removal. Applicants shall submit a fully inclusive cost estimate,
which accounts for inflation. The costs associated with the removal
of the large scale solar photovoltaic installation shall be prepared
by a qualified engineer. All subsequent owners/operators shall continue
to provide a form of surety to the Town until the large scale solar
photovoltaic installation has been removed. The SPGA may waive this
requirement for net metered solar photovoltaic installations.
H.
Design requirements.
(1)
Height - Large scale solar photovoltaic installations shall
not exceed 15 feet in height.
(2)
Setbacks - Large scale solar photovoltaic installations shall
comply with the setback requirements set forth in 350 Attachment 2
(Table of Dimensional Requirements) and 350 Attachment 4 (Illustrative
Lot Layout) but in no instance shall be constructed within 50 feet
of any lot being used for residential purposes.
(3)
Lighting - No lighting of the solar photovoltaic installation
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site.
(4)
Screening - The large scale solar photovoltaic installations
shall be screened year round with dense native vegetation from all
adjoining properties and public and private ways.
(5)
Vegetation clearing - The clearing of vegetation shall be limited
to that which is necessary for the construction, operation, maintenance,
modification and removal of the large scale solar photovoltaic installation.
(6)
Habitat fragmentation - All large scale solar photovoltaic installations
shall to the fullest extent practicable be clustered and located in
or adjacent to areas of the site where the land has already been cleared
to avoid habitat fragmentation.
(7)
Security measures - Large scale solar photovoltaic installations
shall be constructed to prevent unauthorized persons from accessing
the installation.
(8)
Emergency access - Large scale solar photovoltaic installations
and access roads shall be constructed and maintained to allow for
safe access by local emergency vehicles.
(9)
Emergency response plan - Upon the request of the Fire Chief,
the owner/operator of the large scale solar photovoltaic installation
shall cooperate with all local public safety officials to develop
and occasionally update an emergency response plan.
I.
Filing requirements. Applicants seeking to construct or modify a
large scale solar photovoltaic installation shall submit the following
information to the SPGA for site plan approval or a special permit.
All maps to be submitted must be drawn at appropriate scales and be
signed by a registered professional engineer or licensed surveyor.
The SPGA may, in its discretion, waive any of the filing requirements.
(1)
Contact information - Provide the applicant's and property owner's
name, address, phone number, email address, and signature.
(2)
Site identification - Provide the address and the map, lot and
block number of the proposed site.
(3)
Site plans - Provide site plans showing the following:
(a)
Property lines of the proposed site.
(b)
Outlines of all existing and proposed buildings and structures
on the proposed site, including distances from the proposed large
scale solar photovoltaic installation.
(c)
Existing and proposed access roads, driveways, public ways,
private ways, and recreational trails on the proposed site.
(d)
Detailed layout of the proposed large scale solar photovoltaic
installation, including but not limited to panel mounts, foundations,
appurtenant equipment and fencing.
(e)
Detailed layout of the electric infrastructure to connect the
large scale solar photovoltaic installation to the electric grid or
net metering equipment.
(f)
Delineation of all wetland resources and associated buffer areas.
(g)
Locations of rare, threatened or endangered species existing
on the site.
(h)
Proposed changes to the site, including grading, cut and fill,
landscaping, native vegetation for screening and vegetation to be
removed or altered.
(i)
Engineering controls at the site and on the access road to control
erosion and sedimentation both during construction and after construction
as a permanent measure. Such engineering controls shall conform to
the Massachusetts Department of Environmental Protection's Stormwater
Policy.
(4)
Technical information - Provide the following information:
(a)
Blueprints or drawings of the large scale solar photovoltaic
installation signed by a professional engineer licensed to practice
in the Commonwealth of Massachusetts showing the proposed layout of
the installation and any potential shading from nearby trees or structures.
(b)
One or three line electrical diagram detailing the solar photovoltaic
installation, appurtenant equipment and electrical interconnection
methods with all National Electric Code compliant devices.
(c)
Documentation of the major large scale solar photovoltaic installation
components to be used, including but not limited to PV panels, panel
mounts and inverter.
J.
Technical review. Upon receipt of an application for a large scale
solar photovoltaic installation, the SPGA may engage professional
and technical consultants, at the applicant's expense, pursuant to
MGL c. 44, § 53G, and its Home Rule Authority to assist
the SPGA with its review of application materials. The SPGA may direct
the applicant to deposit funds with the Town of Dalton for such review
at the time the application is accepted and to add additional funds
as needed upon notice. Failure to comply with this section shall be
good grounds for denying site plan approval or the special permit
application. Upon the approval or denial of the application, any excess
amounts in the account attributable to the application process, including
any interest accrued shall be refunded to the applicant.
K.
Procedures and approval criteria.
(1)
For large scale solar photovoltaic installations requiring only
site plan approval, the SPGA shall review a proposed site plan application
to construct or materially modify the installation within 90 days
of the receipt of a complete application. The SPGA may extend the
ninety-day review period if poor weather conditions, such as snow
or ice, make visiting the site difficult. If the site visit is delayed,
then the SPGA shall schedule the site visit as soon as reasonably
possible after the weather conditions have subsided. The SPGA may
approve the site plan application only after making a determination
that the proposed large scale solar photovoltaic installation complies
with all sections of this zoning bylaw. The SPGA may impose reasonable
conditions on its approval of the site plan to mitigate potential
adverse impacts.
L.
Operation and maintenance plan.
(1)
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 facility.
(2)
The operator of the large scale solar energy facility shall
maintain the facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, required screening,
and integrity of security measures. Site access shall be maintained
to a level acceptable to the local Fire Chief and emergency medical
services. The project owner shall be responsible for the cost of maintaining
the solar energy facility and any access road(s), and the cost of
repairing any damage occurring as a result of operation and construction.
M.
Modifications. All material modifications to a large scale solar
energy facility made after issuance of the permit shall require approval
by the SPGA as provided in this section.
N.
Abandonment and removal.
(1)
A large scale solar photovoltaic installation shall be deemed
abandoned when the installation has not been in operation for a period
of 12 months.
(2)
After 12 months of non-operation, the Building Inspector shall
provide written notification to the owner/operator that such large
scale solar photovoltaic installation is presumed to be abandoned.
The owner/operator has 30 days to rebut the presumption of abandonment
by submitting evidence that the large scale solar photovoltaic installation
has been in operation during the relevant twelve-month period.
(3)
If the owner/operator does not respond within the thirty-day
appeal period or does not submit evidence that, in the discretion
of the Building Inspector, proves that the large scale solar photovoltaic
installation has been in operation for the relevant twelve-month period,
then the large scale solar photovoltaic installation shall be deemed
abandoned. The Building Inspector shall provide written notification
of abandonment to the owner/operator.
(4)
The owner/operator of the large scale solar photovoltaic installation
shall remove the large scale solar photovoltaic installation and restore
the site within 180 days of the date of the written notification of
abandonment. If the owner/operator fails to remove the large scale
solar photovoltaic installation within 180 days, the Town shall have
the right, to the extent it is duly authorized by law, to enter onto
the proposed site and physically remove the large scale solar photovoltaic
installation and restore the site at the sole expense of the owner/operator.
O.
Violations. It is unlawful for any person to construct, install,
or operate a large scale solar energy system that is not in compliance
with this section or with any condition contained in a permit issued
pursuant to this section.
P.
Lapse of approval. Any special permit or site plan approval shall
automatically lapse if the large scale solar photovoltaic installation
is not installed and functioning within two years or the large scale
solar photovoltaic installation is abandoned.
A.
No use shall be permitted in any district as an accessory
use which increases the number of dwelling units or the number of
buildings on any lot beyond that which is permitted in that district
or which constitutes in effect a conversion of a permitted use to
one not permitted in that district.
[Amended 10-20-1997 STM by Art. 2]
B.
In residential districts, no use shall be permitted
as an accessory use to a dwelling, which involves or requires any
construction features or alterations not residential in character.
C.
No accessory building shall be used as a dwelling
except in an industrial district for the accommodation of a night
watchman or janitor.
D.
Except in accordance with Subsection E(1)(b) and F(5) of the Table of Use Regulations (§ 350-22) and §§ 350-29C and 350-40E, an accessory building or use shall require a permit from the Inspector of Buildings and shall:
(1)
Not be located within the required front yard.
(2)
Not to be located less than 10 feet from the side
or rear lot lines, except that buildings a footprint of 100 square
feet or smaller may be located not less than three feet from the side
or rear lot lines.
[Amended 10-20-1997 STM by Art. 2; 6-21-1999 STM by Art. 13]
E.
An accessory building in a residential district shall
not exceed 15 feet in height above ground level, shall not have a
footprint greater than 625 square feet, and it shall not be located
nearer than 10 feet to the principal building or occupy more than
30% of the rear yard except by a special permit from the Board of
Appeals. A lot may have a second accessory building with a footprint
not exceeding 150 square feet provided it meets setback requirements.
However, a second accessory building with a footprint larger than
150 square feet shall require a special permit from the Board of Appeals.
[Amended 10-20-1997 STM by Art. 2; 6-21-1999 STM by Art. 14]
F.
Demolition containers. Demolition containers may be
in place for the duration of a valid building, renovation or demolition
permit or for 60 days, whichever is a longer period of time.
[Added 6-26-2006 STM by Art. 24]
A.
The Inspector of Buildings shall issue a certificate
of occupancy for a home occupation before a dwelling may be used for
the purpose of a home occupation. Such certificate of occupancy for
a home occupation shall be issued for a twelve-month period and may
be renewed annually, for the following incidental uses in districts
where permitted, upon determination that all prescribed requirements
and conditions are met for the applicable category as herein described:
(1)
Professional home occupations allowable in any residential
district include offices and studios of an architect, artist, attorney,
author, clergyman, engineer, musician, physician, chiropractor, surgeon,
dentist, and teacher.
(2)
Customary home occupations such as dressmaking, tailoring,
millinery, home cooking, baking or preserving, or similar domestic
crafts, and telephone or mail services.
(3)
The renting of rooms or the furnishing of meals by
a resident family to not more than three roomers or boarders provided
no separate cooking facilities are maintained.
B.
Home occupation requirements.
(2)
Home occupations shall be conducted entirely within
the dwelling unit and shall be clearly incidental and secondary to
said dwelling.
(3)
The floor area used for the home occupation shall
not exceed 20% of the total floor area of the dwelling unit.
(4)
There shall be no salesrooms, show window or displays,
and all materials or supplies shall be stored within the 20% of the
total floor area allowed for use as a home occupation.
(5)
Sale of articles produced elsewhere than on the premises
and brought to the premises for the purpose of sale is not permitted.
(6)
No equipment or process shall be used in such home
occupations, which significantly increases noise, vibration, glare,
fumes, odors, or electrical interference, currently existing in the
neighborhood within which the home occupation is to be located.
(7)
Offices or studios of professional home occupations
may employ one person who is not residing in the dwelling unit in
which such professional home occupation is allowed.
(8)
Off-street parking area shall be provided in compliance
with requirements of this bylaw.
[Added 5-2-2022 ATM by Art. 14]
A.
Purposes:
(1)
To create more housing options for Town residents.
(2)
Provide homeowners with a separate space for family, companionship,
security, or service providers.
(3)
Downsize option for people who decide to remain comfortably
on their property.
(4)
Provide homeowners with an opportunity for supplemental income.
B.
ACCESSORY DWELLING UNIT (ADU)
Definitions:
A residential living unit on the same parcel as a single-family
or two-family dwelling. The ADU provides complete independent living
facilities for one or more persons. It may take various forms: a detached
unit; a unit that is part of an accessory structure, or a unit that
is part of an expanded or remodeled primary dwelling.
C.
Intent; conditions for authorization.
(1)
Notwithstanding any restrictions contained in § 350-38: An accessory dwelling unit within, or attached to, any single- or two-family dwelling or in a detached existing structure shall be authorized as of right in R-1, R-2, R-3, R-4, B-1, and B-2 Zones; provided that the following conditions are met.
A newly constructed detached accessory dwelling unit to any
single- or two-family dwelling shall be authorized by special permit
from SPGA in R-1, R-2, R-3, and R-4, B-1 and B-2 zones; provided that
the following conditions are met.
(a)
ADUs may not be in separate ownership from the main residence.
(b)
The property must be the principal residence of the owner of
the property.
(c)
Maintains a separate entrance, either directly from the outside
or through an entry hall or corridor shared with the principal dwelling
sufficient to meet the requirements of the state building code for
safe egress.
(d)
Only one accessory dwelling unit shall be allowed on a residential
lot.
[1]
A detached ADU shall not be located in the required
front yard, nor any part of an ADU located between the front of the
main dwelling and the street where frontage is located.
(e)
The accessory dwelling unit shall be designed so that the appearance
of the building(s) remains consistent with the residential and rural
character of the neighborhood. Exterior changes made must conform
to the existing architectural elements of the residence and detached
structure.
(f)
The gross floor area of a detached accessory dwelling unit is
not larger in floor area than 1/2 of the floor area of the principal
dwelling or 900 square feet, whichever is smaller (stairwell access,
porches, patios, shall not be included in the computation).
(g)
An addition or remodel to an original dwelling is permitted,
provided that the accessory dwelling unit shall be clearly a subordinate
part of the dwelling with any addition being not more than 1/3 of
the floor area of the principal dwelling or 900 square feet, whichever
is smaller (excluding unfinished attic and basement, garage, porch,
patio).
(h)
An existing accessory structure or portion thereof may be converted
to an accessory dwelling unit as long as the converted portion is
no larger than 1/2 the floor area of the principal dwelling or 900
square feet, whichever is smaller.
[1]
Any existing accessory structure that is deemed
nonconforming shall require a special permit from SPGA.
(j)
The construction of the accessory dwelling unit shall conform
to all applicable standards in the State Sanitary, Building and other
applicable codes required for a residential dwelling.
