Town of Marshfield, MA Article XII Special Regulations

§ 305-12.01 Environmental performance standards.

[Amended 4-24-2017 ATM by Art. 12]

Any use permitted by right or special permit in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable fire, explosion, radioactivity or other hazard; noise, vibration, smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; glare; liquid or solid wastes; conditions conducive to the breeding of insects or rodents; or other substance, conditions or element in an amount as to affect adversely the surrounding environment. The following standards shall apply:

A. Emissions shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.

B. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment.

C. No activities that emit dangerous radioactivity, at any point, and no electrical disturbance adversely affecting the operation, at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted.

D. No emission of visible smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines shall be permitted for a period or aggregate period of time in excess of six minutes during any one hour, provided that at no time during said six minutes shall the shade, density or appearance be equal to or greater than No. 2 of the Chart.

E. No emission which can cause any damage to health or animals or vegetation or which can cause excessive soiling at any point shall be permitted.

F. No emission which contains particle matter shall exceed federal standards of the Environmental Protection Agency.

G. No facility regardless of its size shall discharge more than 40 pounds per hour of dust and fumes to the atmosphere.

H. No discharge, at any point, into a private sewerage system, stream, the ground, or a municipal sewage disposal system of any material in such a way, or of such a nature or temperature, as may contaminate any running stream, water supply, or water body, or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects, shall be permitted.

I. No activity shall be permitted which causes or creates a vibration, at any point on any lot line, with a displacement and respective frequency listed below.

Maximum Permitted Steady State Vibration Displacement
Frequency (cycles per second)	Displacement (inches)
10 and below	0.0008
10 to 20	0.0005
20 to 30	0.0003
30 to 40	0.0002
40 to 50	0.0001
50 to 60	0.0001
60 and over	0.0001

Maximum Permitted Impact Vibration Displacement
Frequency (cycles per second)	Displacement (inches)
10 and below	0.0016
10 to 20	0.0010
20 to 30	0.0006
30 to 40	0.0004
40 to 50	0.0002
50 to 60	0.0002
60 and over	0.0002

J. Maximum permissible sound-pressure levels for noise radiated continuously from a facility between 10:00 p.m. and 7:00 a.m. at any lot line shall be as follows:

Frequency Band (cycles per second)	Sound Pressure Level (decibel re 0.0002 dyne/cm2)
20 to 75	69
75 to 150	54
150 to 300	47
300 to 600	41
600 to 1,200	37
1,200 to 2,400	34
2,400 to 4,800	31
4,800 to 10,000	28

(1) If this sound is not smooth and continuous, one of the following corrections should be added to each of the actual decibel levels given:

(a) Daytime operation only: +5.

(b) Noise source operates less than 20% of any hour period: +5.

K. No emission of odorous gases or odoriferous matter in such quantities as to be offensive shall be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a secondary safeguard system. No objectionable odor greater than that caused by 0.001202 ounce per thousand cubic feet of hydrogen sulfide or any "Odor Threshold" as defined in Table III in Chapter 5 of Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists Association, Inc., of Washington, D.C., shall be permitted.

L. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as welding, shall be permitted when it is determined that it will be hazardous or obnoxious.

M. In the event of a conflict between the above performance standards and state standards, the standards of a duly organized regional authority, or local standards, the standards which are more stringent shall govern.

§ 305-12.02 Site plan approval.

Site plan review shall be used to evaluate the impacts of a proposed project. Any request for a permit for construction, additions, exterior alteration, relocation, or change in use of nonresidential use permitted by right or by special permit in any district shall not be granted until a site plan for such use has been submitted to and approved by the Board, except that the Board may waive the requirement for site plan approval where the proposed alteration or change in use is found to be minor.

A. All applicants for site plan review shall fully comply with the submission requirements set forth in the Town of Marshfield Board of Appeals rules and regulations except where said rules and regulations are waived by the Board. Except as provided in § 305-10.09E hereof, any person desiring approval of a site plan under this section shall submit nine copies of said plan, with application for approval thereof, directly to the Board. The Board shall, within 10 days after receipt thereof, transmit one copy of such plan to the Planning Board, which said Board may, in its discretion, investigate the case and report in writing its recommendation to the Board. Applicants are encouraged to meet informally with the Building Commissioner/Zoning Enforcement Officer prior to making a formal submission of plans to discuss site plan requirements and consider possible waivers. The Board may provide a set of guidelines to assist applicants in meeting site plan, architectural and landscaping objectives.

B. Consultant review. If in the opinion of the Board the project requires review by a consultant the applicant will be responsible for consultant review fees as may be required by the Board of Appeals rules and regulations and as governed by MGL c. 44, § 53G.

C. A traffic study may be required by the Board as more fully described in § 305-11.10.

D. The Board shall not take final action on such plan until it has received a report thereon from the Planning Board, or until said Planning Board has allowed 35 days to elapse after receipt of such plan without submission of a report thereon.

E. In exercising its jurisdiction under this section, the Board shall conform to all procedural requirements applicable to the Board when deciding requests for special permits as set forth in MGL c. 40A, § 9, and Article X of this bylaw.

[Amended 2009 ATM]

F. Review criteria/required performance standards. In considering a site plan under this section, the Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located:

(1) Protection of adjoining premises against detrimental or offensive uses on the site, including compliance with all dimensional requirements set forth in this bylaw, and provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscaped buffer along the street frontage.

(2) Convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property, or improvements, including compliance with § 305-11.10 where required.

(3) Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted or permissible on the site.

(4) Adequacy of the proposed drainage system within and adjacent to the site to manage all increased runoff resulting from the development on site, and adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. Site plan review shall also include review of an operations and maintenance plan for the approved drainage system to be certified by a registered professional engineer.

(5) Compliance with §§ 305-8.07 and 305-8.08 of this bylaw, including adequacy of space for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment.

(6) Adequacy of lighting, including compliance with § 305-8.09 of this bylaw, such that all lighting and other sources of illumination, whether interior or exterior, and all intense light emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties.

(7) Building sites shall minimize any material or significant adverse impacts on steep slopes, floodplains, scenic views, grade changes and wetlands.

(8) In the B-1 Zoning District, the development shall be reasonably consistent with respect to setbacks, placement of parking, landscaping and entrances and exits with surrounding buildings and development. If there is more than one building on the site, the buildings shall relate harmoniously to each other in architectural style, site location and building exits and entrances.

(9) Where a proposal is within the jurisdiction of the Water Resource Protection District (WRPD), compliance with § 305-13.03F, Performance and design standards for all activities.

[Added April 2011 ATM]

(10) Conformance with all appropriate provisions of the Zoning Bylaw except where variance from such provision is applied for and approved by the Board. All permits issued under this bylaw shall be conditioned upon receipt of all other required permits, including Board of Health; Conservation Commission if necessary; all required permits set out in § 305-10.10, Article XI, Article XIII and Article XV; and others as required.

G. Design objectives. The following objectives, in addition to any standards prescribed elsewhere in this bylaw, shall be utilized by the Board during its site plan review. These objectives are intended to provide specific guidelines for the Board and the applicant.

(1) Architectural details. Architectural details of new buildings and additions, textures of wall and roof materials should be harmonious with the building's overall architectural style and should preserve and enhance the character of the surrounding area.

(2) Building articulation. Giving emphasis to architectural elements (including windows, balconies, porches, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.

(3) Building form and features. The mass, proportion and scale of the building, roof shape, roof pitch, and proportions and relationships between doors and windows should be harmonious among themselves and with those of the surrounding area.

(4) Building location. Proposed buildings and structures shall be integrated as much as possible within the existing building locations, landscape and terrain. The building's location shall be orientated parallel or perpendicular to the street. Where the minimum setback cannot be maintained by the building, the applicant shall provide adequate spatial definitions through the use of walls, fences and/or other elements which will maintain the street line.

(5) Building design. The design of proposed buildings, structures and additions shall complement, whenever feasible, the general setback, roofline, roof pitch, arrangement of openings, color, exterior materials, proportion and scale of existing buildings in the vicinity.

(6) Spatial definition. Define various areas both public and private with walks, plantings, walls, fences and other elements that are in keeping with the overall architectural design.

(7) Special features. Exposed machinery, utility structures and areas for parking, loading, storage, service and disposal shall be screened from adjoining properties and streets.

(8) Lighting. Lighting should match the architectural style of the building and comply with the Zoning Bylaw, § 305-8.09.

(9) Pedestrian furnishings. Benches, bollards, lighting, street trees, refuse containers, flowers boxes, and canopies shall be provided and shall be consistent with the character of the development.

(10) Protection of historic character. When renovating an historic building, character-defining exterior elements of the historic building shall be preserved. Signage should be compatible with the historic character of the building.

H. The Board shall have the power to modify or amend its approval of a site plan on application of the owner, lessee or mortgagee of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this section shall, where apt, be applicable to such modification or amendment.

I. The site plan submitted to the Board shall show, among other things as may be required by the Board in the proper administration of this section, all existing and proposed buildings, structures, parking areas, loading areas, driveway openings, driveways, walkways, access and egress points, service areas, recreation areas and other open spaces, including dimensions and all elevations; easements within the lot; existing and proposed on-site wells, water supply systems, storm drainage systems, utilities, sites for enclosed refuse containers and location and capacity of septic systems; wetlands, streams, bodies of water, and drainage swales; the location and description of all existing and proposed topographic features on the lot and adjoining areas within 50 feet of said lot, including two-foot contours, walks, fences, walls, planting areas, and greenbelts; and the amount(s) in square feet of proposed building(s), impervious surface area and open space (natural and landscaped) of the lot. The Board may request additional information or data it judges to be necessary to render its decision.

J. Compliance and enforcement.

(1) The final approved site plan will be valid for two years and not contingent on continued ownership. Failure to actively begin construction within that time will require a new submittal. Construction, once commenced, shall be prosecuted diligently to conclusion.

[Amended 4-24-2017 ATM by Art. 12]

(2) No building permit shall be issued by the Building Commissioner/Zoning Enforcement Officer for any development subject to this section and no construction or site preparation shall be started until a decision of the Board approving a site plan has been filed with the Town Clerk and all other required permits have been received and filed with the Town Clerk.

(3) The Board may require submittal of an as-built plan, certified by a registered professional land surveyor and engineer, to the Board and Building Commissioner/Zoning Enforcement Officer before the issuance of a permanent certificate of occupancy. The as-built plan shall attest to a development's conformity to its approved site plan by indicating landscaping, buildings, drainage flow, number of parking stalls, and limits of parking areas and drives. No activity subject to site plan approval shall be conducted on the site unless, in the opinion of the Building Commissioner/Zoning Enforcement Officer, the development or approved phase thereof has been substantially completed according to the approved site plan, and unless the proposed activity was reviewed by the Board pursuant to the site plan approval procedure.

[Amended 4-24-2017 ATM by Art. 12]

(4) The owner(s) and/or developer(s) of any lot, and all successors in interest, shall be responsible for the maintenance of all landscaped open space and buffers. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features.

(5) A permanent landscaping irrigation system, sufficient in the Board's determination, shall be provided by the installation of a sprinkler system and/or hose bibs placed at appropriate locations. Whenever possible, "gray" or reused water, or wells, shall be used as the water source for the irrigation system.

(6) Maintenance bond. The Board may require a bond to ensure that required landscape plantings are maintained and survive for up to two growing seasons following completion of planting.

(7) Any changes in the approved site plan or in the activity to be conducted on the site shall be submitted to the Board for review and approval.

§ 305-12.03 Large-scale ground-mounted solar photovoltaic installations.

[Added April 2011 ATM]

A. Purpose.

(1) 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 and minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.

(2) The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

B. Applicability. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this bylaw. These regulations also pertain to physical modifications that materially alter the type, configuration, or size of installations or related equipment.

C. General requirements for all large-scale ground-mounted solar photovoltaic installations. The following requirements apply to all large-scale ground-mounted solar photovoltaic installations to be sited in the I-1 Zoning District:

(1) Compliance with all other laws and regulations. The construction and operation of all large-scale ground-mounted 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 large-scale ground-mounted solar photovoltaic installation shall be constructed in accordance with the State Building Code.

(2) Building permit and building inspection. No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

(3) Site plan review.

(a) Large-scale ground-mounted solar photovoltaic installation with 250 KW or larger rated nameplate capacity shall undergo a site plan review in accordance with the requirements of § 305-12.02, Site plan approval, prior to construction, installation or modification as provided in this section. In addition to compliance with the requirements of § 305-12.02, Site plan approval, the following additional information shall be provided at the time of submission of the application:

[1] Drawings of the large-scale ground-mounted solar photovoltaic installation shall be stamped 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;

[2] 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 over-current devices;

[3] Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

[4] Name, address, and contact information for proposed system installer;

[5] An operation and maintenance plan;

[6] Proof of liability insurance.

(b) The Board may waive documentary requirements as it deems appropriate.

(c) The by-right site plan approval process administered by the Board of Appeals for large-scale ground-mounted solar photovoltaic installation shall be completed within one year of the date of submission of a complete application package. All other locally required permits for large-scale ground-mounted solar photovoltaic installation shall also be issued within one year of the date of submission of a complete application package.

(4) Independent consultants. Upon submission of the site plan application, the Board will be authorized to hire outside consultants, as needed, to advise it on technical issues related to the large-scale ground-mounted solar photovoltaic installation application, pursuant to MGL c. 44, § 53G. The applicant will be required to pay the consultant's fees.

(5) Site control. The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed large-scale ground-mounted solar photovoltaic installation.

(6) 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 management, as well as general procedures for operational maintenance of the installation.

(7) Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the large-scale ground-mounted solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(8) Setbacks. The setbacks for large-scale ground-mounted solar photovoltaic installations shall comply with the setbacks required in § 305-6.02 for the I-1 Zoning District.

(9) Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installation shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures should be screened from view by an evergreen buffer of vegetation and/or a six-foot-high solid fence to avoid adverse visual impacts.

(10) Lighting. Lighting of large-scale ground-mounted solar photovoltaic installation shall comply with § 305-8.09. 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 large-scale ground-mounted solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

(11) Signage.

(a) Signs on large-scale ground-mounted solar photovoltaic installation shall comply with § 305-7.05. A sign shall be provided that identifies the owner and provides a twenty-four-hour emergency contact phone number.

(b) Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the large-scale ground-mounted solar photovoltaic installation.

(12) Utility connections. All utility connections from the large-scale ground-mounted solar photovoltaic installation shall be located underground. In the event that site constraints make it cost prohibitive due to soil conditions and/or topography of the site, or any requirements of the utility provider, the Board may wave this requirement. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

D. Safety and environmental standards.

(1) Emergency services. The facility's owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the Fire Chief. The facility's owner or operator shall cooperate with public safety officials in developing an emergency response plan. All means of shutting down the large-scale ground-mounted 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.

(2) Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to only what is necessary for the construction, operation and maintenance of the facility.

E. Monitoring and maintenance.

(1) Maintenance. The facility's 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 Fire Chief. The owner or operator shall be responsible for the cost of maintaining the large-scale ground-mounted solar photovoltaic installation and any access road(s), unless accepted as a public way.

(2) Modifications. All material modifications to a large-scale ground-mounted solar photovoltaic installation made after issuance of the building permit shall require approval of the Board.

F. Abandonment or decommissioning.

(1) Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned, as described in Subsection F(2), 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 Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(a) Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(c) Stabilization or revegetation of the site as necessary to minimize erosion. The Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(2) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the 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.

(3) Financial surety. Applicants shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removing the entire large-scale ground-mounted solar photovoltaic installation in the event the Town has to intervene by removing the large-scale ground-mounted solar photovoltaic installation and remediating the landscape. The applicant shall submit a surety bond in an amount and form determined to be reasonable by the Board, but in no event to exceed more than 125% of the cost of removal. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a professional engineer licensed to practice in the Commonwealth of Massachusetts. The amount shall include a mechanism for calculating increased removal costs due to inflation.

§ 305-12.04 Accessory photovoltaic installations over parking lots.

[Added 10-15-2018 STM by Art. 21[1]]

A. Purpose - The purpose of this bylaw is to provide standards for the placement, design, construction, operation, monitoring, modification and removal of accessory photovoltaic over parking lots 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. The provisions set forth in this section shall apply to the construction, operation, and/or repair of said solar photovoltaic installations.

B. Applicability - This section applies to photovoltaic installations that require a special permit or by-right with site plan review in the Table of Use, Accessory uses (see § 305-5.04). By-right with site plan review applications shall submit an application to the Zoning Board of Appeals. Special permit applications shall be subject to approval by the Planning Board acting as the special permit granting authority (SPGA).

C. General requirements - The following requirements shall apply to solar photovoltaic installations.

(1) Compliance with all other laws and regulations - The construction and operation of all 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 photovoltaic installation shall be constructed in accordance with the State Building Code.

(2) Building permit and building inspection - No solar photovoltaic installation shall be constructed, installed or modified as provided in this section without obtaining a building permit.

(3) Special permit and/or site plan review - Photovoltaic installations shall be reviewed and approved by either the Planning Board under a special permit or the Board of Appeals under site plan review prior to applying for a building permit. To determine whether a facility will require a special permit or site plan review, please review Accessory Use Number 27 in § 305-5.04, Table of Use Regulations. Submittal to either Board shall be in accordance with the requirements of § 12.02, Site plan approval. In addition, to comply with the requirements of § 12.02, Site plan approval, the following information shall be provided at the time of submission of an application to either Board.

(a) Drawings of the solar photovoltaic installation shall be stamped by a registered professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

(b) One- or three-line electrical diagrams detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

(c) Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

(d) An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

(e) Information on noise (inverter) and reflectivity/glare of solar panels and identify potential impacts to abutters.

(f) Confirmation prepared and signed by a registered professional engineer that the photovoltaic facility complies with all applicable federal and state standards;

(g) A written report prepared and signed by a registered professional engineer, explaining how the photovoltaic facility will be connected to the "power grid" and the technical, economic and other reasons for the proposed location and design.

(h) Proposed changes to the site, existing and proposed grading, vegetation clearing, planting, noise barriers, security, exterior lighting, screening and structures;

(i) Soil information, depth to groundwater and distance to municipal wells;

(j) Description of existing wildlife habitat (noting any cold waterways or other unique features) within a 1/2 mile radius and a proposed habitat enhancement plan;

(k) Name, address, and contact information for proposed system installer;

(l) Proof of liability insurance.

The Board may waive documentary requirements as it deems appropriate.

(4) Independent consultants - Upon submission of the site plan application, the Board will be authorized to hire outside consultants, as needed, to advise them on technical issues related to the photovoltaic installation application, pursuant to Chapter 44 Section 53G of Massachusetts General Laws. The applicant will be required to pay the consultant's fees.

(5) Site control - The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed photovoltaic installation.

(6) Operation and maintenance plan - The applicant shall submit a plan for the operation and maintenance of the photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater management, as well as general procedures for operational maintenance of the installation.

(7) Utility notification - No photovoltaic installation shall be constructed until evidence has been given to the 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.

D. Safety and environmental standards.

(1) Emergency services - The owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the Fire Chief. The facility's owner or operator shall cooperate with public safety officials in developing an emergency response plan. All means of shutting down the large-scale ground mounted 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.

(2) Parking lot mounted and medium scale photovoltaic facility setback - Parking lot mounted and medium scale photovoltaic facilities shall meet the minimum setback for the applicable zoning district as provided in the Table of Dimensional and Density Requirements, § 305-6.10.

(3) Solar energy system, parking lot mounted and medium scale transformers and/or inverters shall meet the front, side and rear setbacks. Said transformers and/or inverters shall be enclosed in a sound barrier. Said sound barrier proposal shall include a letter of assurance of the sound reduction rating, signed and stamped by a registered professional civil engineer.

(4) Hazardous materials - Solar modular panels shall not contain hazardous materials. A letter of assurance on the materials contained within the solar panels from the manufacturer and by a registered professional civil engineer shall be provided to the Board.

(5) Appurtenant structures - All appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations shall be architecturally compatible with each other and shall be screened from the view of persons not on the parcel.

(6) Solar fields shall be properly visually buffered from residential properties. Buffering may be provided by use of landscaping and/or fencing.

(7) The owner, operator, or his successors in interest shall remove any ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned. 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 permit granting authority (Planning Board/Zoning Board) by certified mail of the proposed date of discontinued operations and plans for removal.

(8) Lighting - Lighting of photovoltaic installations shall comply with § 305-8.09. 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 photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

(9) Signage - Signs on photovoltaic installation shall comply with § 305-7.05. A sign shall be provided that identifies the owner and provides a twenty-four-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the photovoltaic installation.

(10) Utility connections - All utility connections from the photovoltaic installation shall be located underground. In the event that site constraints make it cost prohibitive due to soil conditions and/or topography of the site, or any requirements of the utility provider, the Board may waive this requirement. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

E. Monitoring and maintenance.

(1) Maintenance - The facility's 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 Fire Chief. The owner or operator shall be responsible for the cost of maintaining the photovoltaic installation and any access road(s), unless accepted as a public way.

(2) Modifications - All material modifications to a photovoltaic installation made after issuance of the building permit shall require approval of the Board.

F. Abandonment or decommissioning.

(1) Removal requirements - Any photovoltaic installation which has reached the end of its useful life or has been abandoned 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 Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(a) Physical removal of all photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(2) Abandonment - Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Board. If the owner or operator of the 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.

(3) Financial surety - Applicants shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removing the entire photovoltaic installation in the event the Town has to intervene by removing the photovoltaic installation and remediating the property. The applicant shall submit a surety bond in an amount and form determined to be reasonable by the Board, but in no event to exceed more than 125% of the cost of removal. Such surety will not be required for municipality- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal and prepared by a professional engineer licensed to practice in the Commonwealth of Massachusetts. The amount shall include a mechanism for calculating increased removal costs due to inflation.

G. Standards for review and approval. The Planning Board shall consider, in addition to the requirements above, the following specific criteria:

(1) The Board finds in writing that each of the review standards set forth above has been met, that the location of the solar photovoltaic facility is suitable and that the size and design are the minimum necessary for that purpose.

(2) The SPGA shall also impose, in addition to any applicable conditions specified in this section, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this section, including, but not limited to: screening, lighting, fences, modification of the exterior appearance of the structures, limitation upon size, method of access or traffic features, parking, removal upon cessation of use or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

H. Modification: Any proposed changes in the approved special permit shall be submitted to the Planning Board for review and approval.

I. Approval time frame: The special permit is granted for a period of two years and shall lapse if substantial use or construction has not been commenced by such date except for good cause shown, and provided that said construction, once begun, shall be actively and continuously pursued to completion within a reasonable time. Good cause and reasonable time shall be determined by a vote of the SPGA.

J. Appeals: Any person aggrieved by a decision of the Planning Board under this section may appeal to the Superior Court, the Land Court or the District Court pursuant to Chapter 40A of the Massachusetts General Laws.

[1] Editor's Note: This article also provided for the redesignation of former § 12.04, Medical marijuana facilities, as § 12.05, and former § 12.05, Recreational marijuana retailers, as § 12.06.

§ 305-12.05 Medical marijuana facilities.

[Added 4-29-2014 ATM by Art. 15]

A. Purpose. The purpose of this bylaw is:

(1) To provide for the establishment of medical marijuana facilities in locations appropriate for the use and to regulate the use under strict conditions in accordance with the passage of the Citizens Initiative Petition No. 11-11 (Question No. 3 on the November 2012 state ballot) and 105 CMR 725.100.

(2) To minimize the adverse impacts of medical marijuana facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities.

(3) To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of medical marijuana facilities.

B. Applicability. No medical marijuana facility shall be established except in compliance with the provisions of § 305-12.04. Nothing in this bylaw shall be construed to supersede any state or federal laws or regulations governing the sale and distribution of narcotic drugs. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana facility under § 305-12.04 of this bylaw.

C. General requirements and conditions for all medical marijuana facilities.

(1) All non-exempt medical marijuana facilities shall be contained within a building or structure.

(2) No medical marijuana facilities shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet.

(3) Medical marijuana facilities shall not be located in buildings that contain any medical doctor's offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

(4) The hours of operation of medical marijuana facilities shall be set by the special permit granting authority, the Board of Appeals (BA), but in no event shall said facilities be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.

(5) No medical marijuana facility shall be located on the same lot or a lot which abuts the Marshfield Boys & Girls Club property, any public or private school building, day-care facility or any public playground, recreation facility, athletic field or other park where children congregate, or any residential zoning district and the PMUD Overlay District.

(6) No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a medical marijuana facility.

(7) Medical marijuana facilities shall not be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a trailer, recreational vehicle, or movable or stationary mobile vehicle.

(8) Notwithstanding any provisions of Article VII of this bylaw, signage for all medical marijuana facilities shall include the following language: "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height. The sign shall be located in a visible location near the main entrance to the facility. Exterior signs shall identify the name of the establishment but shall not contain any other advertising information.

(9) Medical marijuana facilities shall provide the Marshfield Police Department, Building Commissioner/Zoning Enforcement Officer and the BA with the names, phone numbers and e-mail addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or keyholders.

D. Special permit requirements.

(1) Medical marijuana facilities shall only be allowed by special permit issued by the Marshfield Board of Appeals in accordance with MGL c. 40A, § 9, and § 305-10.10 of this bylaw, subject to the following statements, regulations, requirements, conditions and limitations.

(2) A special permit for a medical marijuana facility shall be limited to one or more of the following uses that shall be determined by the BA:

(a) Cultivation of marijuana for medical use (horticulture), except that sites protected under MGL c. 40A, § 3, shall not require a special permit;

(b) Processing and packaging of marijuana for medical use, including marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;

(c) Retail sale or distribution of marijuana for medical use to qualifying patients.

(3) In addition to the application requirements established by the Board of Appeals by rule and elsewhere in this bylaw, a special permit application for a medical marijuana facility shall include the following:

(a) The name and address of each owner of the establishment and property owner.

(b) Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment.

(c) Evidence of the applicant's right to use the site for the establishment, such as a deed or lease.

(d) If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the names and addresses of all individuals associated with that entity.

(e) A certified abutters list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the Town and certified by the Town Assessor.

(f) Proposed security measures for the medical marijuana facility, including lighting, fencing, surveillance cameras, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. The security measures shall be reviewed and approved by the Police Department.

(g) The facility shall provide service to qualified patients by appointment only.

(h) The facility shall provide free delivery to all qualified patients.

(i) No products shall be displayed in the facility's windows or be visible from any street or parking lot.

(j) All employees shall be 18 years of age or older.

(4) Mandatory findings. In addition to the findings required under § 305-10.10, the Board of Appeals shall not issue a special permit for a medical marijuana facility unless it finds that:

(a) The establishment is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;

(b) The applicant clearly demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all applicable state laws and regulations; and

(c) The applicant has satisfied all of the conditions and requirements of § 305-12.04.

(5) Annual reporting. All medical marijuana facilities permitted under this bylaw shall as a condition of its special permit file an annual report with the BA, Police Chief and the Town Clerk no later than January 31 of each year. The annual report shall include a copy of all current applicable state licenses for the establishment and/or its owners and demonstrate continued compliance with the conditions of the special permit. In the event that the annual report is not received by January 31 or if the report is incomplete, the owners of the medical marijuana facility will be required to appear before the BA to provide the required information.

(6) A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or lease of the premises as a medical marijuana facility. A special permit may be transferred only with the approval of the BA in the form of an amendment to the special permit with all information required in § 305-12.04.

E. Abandonment or discontinuance of use.

(1) The Board of Appeals shall require the applicant to post a bond prior to the issuance of a building permit to cover costs for the removal of the medical marijuana facility in the event the Town must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items noted in this Subsection E and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the Board of Appeals with three written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the improvement in compliance with law at prevailing wages.

(2) A special permit shall lapse if not exercised within one year of issuance.

(3) A medical marijuana facility shall be required to remove all materials, plants, equipment and other paraphernalia:

(a) Prior to surrendering its state-issued licenses or permits; or

(b) Within six months of ceasing operations, whichever comes first.

F. Severability. If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

§ 305-12.06 Recreational marijuana establishment.

[Added 4-23-2018 ATM by Art. 17; 10-18-2021 STM by Art. 28]

A. Purpose.

(1) To provide for the placement of recreational marijuana establishments in appropriate places under conditions in accordance with the provisions of MGL c. 94G.

(2) To minimize the adverse impacts of a recreational marijuana establishment on adjacent properties, residential neighborhoods, schools, other places where children congregate and other sensitive land uses.

(3) To regulate the siting, design, placement, security, safety, monitoring, modification and discontinuance of a recreational marijuana establishment.

B. Applicability.

(1) No recreational marijuana establishment shall be established except in compliance with the provisions of 305 Attachment 1 (Table of Use Regulations) and this § 305-12.06, Recreational marijuana establishment.

(2) Nothing in this section shall be construed to supersede federal or state laws governing the sale and distribution of narcotic drugs.

(3) If any provision of this section or the application of any such provision to any person or circumstances shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

C. General requirements.

(1) All recreational marijuana establishments shall be contained within a secure building or structure.

(2) The hours of operation of the recreational marijuana establishment shall be set by the Zoning Board of Appeals.

(3) No recreational marijuana establishment shall be located within 500 feet of a property boundary line of any lot in use as a private or public school, college, licensed day-care facility, library, park, playground, recreational or athletic fields or the Boy's and Girl's Club or similar place where children typically congregate. The distance shall be measured in a straight line from property boundary line to property boundary line.

(4) No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises.

(5) No recreational marijuana establishment shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a car, van, truck, trailer cargo container.

(6) Recreational marijuana establishments shall not have drive-through service.

(7) No signage shall be permitted that contains designs or symbols that depict or display in any way marijuana products, equipment or plants, or other similar materials.

(8) No outside displays or storage of marijuana, related supplies or promotional materials are allowed.

(9) All recreational marijuana establishments shall be ventilated in such a manner that no:

(a) Pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere.

(b) Odor from marijuana can be detected by a person with a normal sense of smell at the exterior of the building.

D. Special permit requirements.

(1) A recreational marijuana establishment shall only be allowed by special permit from the Zoning Board of Appeals in accordance with MGL c. 40A, § 9, the Marshfield Zoning Bylaws and subject to the following regulations, requirements and conditions.

(2) No special permit shall be issued without a site plan approval (§§ 305-3.05 through 305-12.02) by the Zoning Board of Appeals. At a minimum, said site plan shall meet all dimensional, parking, landscaping and signage requirements.

(3) The special permit shall limit the recreational marijuana establishment to one or more of the following uses:

(a) Marijuana retailer.

(b) Marijuana product manufacturer.

(c) Marijuana transportation or distribution facility as conditioned by the Zoning Board of Appeals with review by the Police Department.

(d) Marijuana cultivator.

(4) In addition, an application for a recreational marijuana establishment shall include the following:

(a) Name and address with contact phone number and email of owner/applicant of the facility.

(b) Copies of all approved required licenses and permits (to said same owner of the facility) by the Commonwealth of Massachusetts Cannabis Control Commission and any of its other agencies for the facility.

(c) Evidence of the applicant's right to use the site as a recreational marijuana establishment by means of a purchase and sales agreement, deed, owners authorization or lease.

(d) Proposed security measures for the recreational marijuana establishment, including lighting, fencing, gates, alarms, surveillance cameras, etc., to ensure the safety of persons and products from theft. A letter from the Marshfield Police Chief, or designee, acknowledging review and approval of the recreational marijuana establishment and its security is required. To extent allowed by law, all such documents submitted by the applicant to the Police Chief shall be confidential.

(e) All application requirements for site plan approval as specified in §§ 305-3.05 through 305-12.02 unless waived by the Zoning Board of Appeals.

(f) Provide the Police Department with the names, phone numbers and email addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or keyholders.

E. Findings. The Zoning Board of Appeals shall not issue a special permit for a recreational marijuana establishment unless it finds the following:

(1) The establishment is designed to minimize any adverse impacts on abutters and other parties of interest, as defined in MGL c. 40A, § 11.

(2) The establishment demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will comply with all applicable state and local laws and regulations.

(3) The applicant has satisfied all of the conditions, findings and requirements set forth herein.

F. Transfer of special permit. A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the recreational marijuana retail facility. A special permit may be transferred only by the approval of the special permit granting authority after a public hearing and supported by all updated information required herein.

G. Abandonment or discontinuance of use. A special permit shall lapse if not exercised within one year of issuance. A recreational marijuana establishment shall be required to remove all materials, plants, equipment and other paraphernalia within three months of ceasing operations, or take any other action relative thereto.