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, minimize
impacts on scenic, natural and historic resources and to provide adequate
financial assurance for the eventual decommissioning of such installations.
B.
The provisions set forth in this article shall apply to the construction,
operation, and/or repair of large-scale, ground-mounted solar photovoltaic
installations.
This bylaw applies to large-scale, ground-mounted solar photovoltaic
installations proposed to be constructed after the effective date
of this article. This article also applies to physical modifications
that materially alter the type, configuration, or size of any such
installations or related equipment.
As used in this article, the following terms shall have the
meanings indicated:
A solar photovoltaic system that is structurally mounted
on the ground, is not roof-mounted, and has a minimum rated nameplate
capacity of 250 kW DC.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
An arrangement of solar photovoltaic panels.
A.
Site plan review. Ground-mounted, large-scale solar photovoltaic
installations with 250 kW or larger-rated nameplate capacity shall
undergo site plan review by the Planning Board prior to construction,
installation or modification as provided in this section.
B.
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
C.
Required documents. Pursuant to the site plan review process, the
applicant 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;
(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 applicant,
as well as all coproponents or property owners, if any; and
(h)
The name, contact information and signature of any agents representing
the applicant.
(2)
Documentation of actual or prospective access and control of the project site (See also § 100-1106E.);
(4)
Zoning district designation for the parcel(s) of land comprising
the project site;
(5)
Proof of liability insurance; and
D.
All material modifications to a solar photovoltaic installation made
after final approval shall require approval by the Planning Board.
A.
Lighting. Lighting of 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 cut off fixtures to reduce light pollution.
B.
Signage. Signs on large-scale, ground-mounted solar photovoltaic installations shall comply with § 100-501 of the Town of Millville Zoning By-laws. Solar photovoltaic installations shall not be used for displaying any advertising. Advertising shall not include reasonable identification of the manufacturer or operator of the solar photovoltaic installation. The solar photovoltaic installation shall identify the owner and provide a twenty-four-hour emergency contact phone number.
C.
Utility connections. Reasonable efforts, as determined by the Site
Plan Review Authority, 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 above ground if required by the
utility provider.
D.
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 large-scale, ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
E.
Appurtenant structures. 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 shaded from view by vegetation
and/or joined or clustered to avoid adverse visual impacts.
A.
Maintenance. 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 Millville 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 solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Planning Board.
C.
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 § 100-1107D 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:
(1)
Physical removal of all large-scale, ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(3)
Stabilization or 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.
D.
Abandonment. Absent notice to the Planning Board, as provided above,
of a proposed date of decommissioning or written notice to the Planning
Board requesting an extension due to extenuating circumstances, the
solar photovoltaic installation shall be considered abandoned when
it fails to operate or its operations are discontinued for more than
one year 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. As a condition of approval,
an applicant shall agree to grant the necessary license or easement
to the Town to allow entry to remove an abandoned installation. All
solar photovoltaic installations removal and associated costs will
be charged to the property owner in accordance with the provisions
of MGL c.139, § 3A, as a tax lien on the property.
E.
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 applicant. Such surety will not be required
for municipally or state-owned facilities. 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.
F.
Compliance with laws, ordinances and regulations. 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 solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
G.
Building permit and building inspection. No large-scale solar photovoltaic
installation shall be constructed, installed or modified as provided
in this article without first obtaining a building permit.
H.
Operation and maintenance plan. The applicant 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 operational maintenance of the installation.
I.
Utility notification. No large-scale, ground-mounted 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.
J.
Emergency services. The large-scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the Millville Fire Chief. Upon request,
the owner or operator shall cooperate with local emergency services
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.
