The purpose of this article is to provide for the creation of
large-scale, ground-mounted solar photovoltaic facilities or installations
by establishing 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 that provide adequate financial assurance for
the eventual decommissioning of such installations.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
A construction permit issued by the Building Inspector that
is evidence the project is consistent with state and federal building
codes as well as local zoning bylaws.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250 kW DC.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
Review by the Planning Board to determine conformance with the site plan approval requirements of the Zoning Bylaw, Article XV, and this article.
The Planning Board.
The Building Inspector.
A.
Compliance
with laws, bylaws 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 solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
B.
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.
C.
Fees.
The application for site plan approval and for a building permit shall
be accompanied by the appropriate fee(s).
D.
Site plan review. Large-scale, ground-mounted solar photovoltaic installations shall be subject to site plan approval by the Norton Planning Board as provided for in the Norton Zoning Bylaw, Article XV, Site Plan Approval, and this article.
[Amended 1-14-2019 STM by Art. 5; 4-17-2019 STM by Art. 22]
E.
Special
permit. Large-scale, ground-mounted solar photovoltaic installations
located within the Residential 80 or Residential 60 Zoning District
shall be allowed only upon grant of a special permit from the Norton
Planning Board.
[Amended 1-14-2019 STM by Art. 5; 4-17-2019 STM by Art. 22]
F.
Public
notification. The project proponent for a large-scale, ground-mounted
solar photovoltaic installation shall provide notice of the time,
date, and location of the site plan approval hearing before the Planning
Board pursuant to the notice provisions of MGL c. 40A, § 11,
Notice Requirements for Public Hearing, Paragraphs (1) and (2).
G.
Plans.
All plans and maps required by this article shall be prepared, stamped
and signed by a professional engineer licensed to practice in Massachusetts.
H.
Required
documents.
(1)
Pursuant to the site plan approval process, the project proponent(s)
shall provide the following documents:
(a)
A site plan showing:
[1]
Property lines and physical features, including wetland resource
areas and roads, for the project site;
[Amended 10-17-2016 FTM by Art. 14]
[2]
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures;
[3]
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;
[4]
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;
[5]
Documentation of the major system components to be used, including
the photovoltaic panels, mounting system, and inverter;
[6]
Name, address, and contact information for the proposed system installer,
if known at the time of application;
[7]
Name, address, phone number and signature of the project proponent,
as well as all co-proponents and property owners, if any;
[8]
The names, contact information and signature of any agents representing
the project proponent; and
(b)
Documentation of actual or prospective access and control of the project site (see also § 175-22.2I);
(c)
An operation and maintenance plan (see § 175-22.2J);
(d)
Zoning district designation for the parcel(s) of land comprising
the project site [submission or a copy of a zoning map with the parcel(s)
identified is suitable for this purpose];
(e)
Proof of liability insurance; the project proponent shall be required
to provide evidence of liability insurance in an amount sufficient
to cover loss or damage to persons and property pursuant to industry
standards;
(g)
A public outreach plan, including a project development time line,
which indicates how the project proponent will meet the required site
plan approval notification procedures and otherwise inform abutters
and the community;
(h)
A stormwater management checklist, drainage report and construction-term
stormwater management plan. Solar array projects are subject to Massachusetts
DEP Stormwater Standards. The arrays are considered impervious surface
and peak rate of runoff control must be provided.
[Amended 10-17-2016 FTM by Art. 14]
(2)
The Planning Board may waive the above-cited documentary requirements
as it deems appropriate.
I.
Site
control. The project proponent 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.
J.
Operation
and maintenance plan. The project proponent 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 operation and maintenance of the installation.
K.
Utility
notifications. No large-scale, ground-mounted solar photovoltaic installation
shall be constructed until evidence has been provided 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 into its power grid. Off-grid systems shall
be exempt from this requirement.
A.
Designated
location. Large-scale, ground-mounted solar photovoltaic installations
shall be allowed as follows: on no less than two acres within the
Commercial and Industrial Zoning Districts; and on no less than five
acres within the Residential 60 and Residential 80 Zoning Districts,
subject to the provisions of this article. Solar installations shall
not be allowed within "bordering vegetated wetland," "bordering land
subject to flooding" or "riverfront area," all as defined in the Massachusetts
Wetland Protection Act Regulations, 310 CMR 10.55(2) or 310 CMR 10.57(2),
respectively.
[Amended 10-17-2016 FTM by Art. 14; 1-14-2019 STM by Art.
5; 4-17-2019 STM
by Art. 22]
B.
C.
Accessory/Appurtenant
structures. All accessory or 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.
D.
Visual
screening. A large-scale, ground-mounted solar photovoltaic facility
[including appurtenant structures and access drive(s) for such facility]
shall provide visual screening in the form of plantings, existing
vegetation, earthen berms, fencing, or a combination thereof, between
the facility and the adjacent use. The size, configuration and design
of the visual screening shall be determined by the Planning Board
based upon the characteristics of the project site and the proximity,
type and intensity of the adjacent use. A facility that is adjacent
to residential use(s) shall require more intensive screening, unless
the Planning Board determines that such more intensive screening is
not needed in the circumstances.
A.
Lighting. Lighting of large-scale, ground-mounted solar photovoltaic installations shall be consistent with federal and state law and shall conform to the standards and requirements of the Norton Zoning Bylaw, Article XX, Lighting.
B.
Signage.
(1)
Signs on large-scale, ground-mounted solar photovoltaic installations
shall comply with the Town of Norton Zoning Bylaw. A sign consistent
with the Zoning Bylaw shall be required to identify the owner and
provide a twenty-four-hour emergency contact phone number.
(2)
Large-scale, ground-mounted solar photovoltaic installations shall
not be used for displaying and advertising except for reasonable identification
of the manufacturer or operator of the solar photovoltaic installation.
C.
Utility
connections. Reasonable efforts, as determined by the Planning Board,
shall be made to place all utility connections from the large-scale,
ground-mounted solar photovoltaic installation underground, depending
on appropriate soil conditions, shape, 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.
A.
Emergency
services. The large-scale, ground-mounted solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the 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.
B.
Land
clearing and soil erosion. 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.
Land alterations exceeding one acre shall comply with the Environmental
Protection Agency's (EPA's) National Pollutant Discharge Elimination
System (NPDES) Stormwater Discharges from Construction Activities.
A stormwater pollution prevention plan (SWPPP) shall be submitted
to the Conservation Director for review and comment a minimum of 45
days prior to the commencement of work. Sediment controls shall be
properly installed and maintained until the project is stabilized.
All disturbed areas shall be permanently stabilized prior to final
approval.
[Amended 10-17-2016 FTM by Art. 14]
A.
Solar
photovoltaic installation conditions. 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 local Fire Chief and emergency medical services. 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 large-scale, ground-mounted solar photovoltaic
installations made after issuance of the required building permit
shall require site plan 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 § 175-22.6D 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)
Permanent 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.
(1)
Absent notice of a proposed date of decommissioning or written notice
of extenuating circumstances, the solar photovoltaic installation
shall be considered abandoned when it fails to operate for more than
one year without the written consent of the Planning Board.
(2)
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, after receipt of
an appropriate court order or to the extent otherwise authorized by
law, may enter the property and physically remove the installation.
A.
Proponents
of large-scale, ground-mounted solar photovoltaic installation shall
provide a form of surety, either through escrow account, bond, or
otherwise, to cover the estimated 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 estimated cost of
removal and compliance. Such surety shall not be required for municipally
or state-owned facilities. The project proponent shall submit, for
the Planning Board's determination, 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.
B.
The
Planning Board will work with the project proponent to develop a financial
instrument in the amount as determined above to ensure satisfactory
removal of the facility and whose terms are sufficiently flexible
to provide financial feasibility for the project proponent. Such an
instrument may provide for initially smaller amounts of surety in
the early years of the project's useful life and increasing in amount
as the project nears the end of its useful life.
