[Added 5-2-2015 ATM by
Art. 20]
A.
The purpose of this Article 20, Ground-Mounted Solar Photovoltaic Installations Overlay District ("GMSP Overlay District"), is to create a zoning overlay district that allows the installation, operation, maintenance and decommissioning of ground-mounted solar photovoltaic (GMSP) arrays as a permitted use in such district, to provide standards for the placement, design, construction, operation, monitoring, modification, maintenance and decommissioning of such installations, to establish the process and procedures for review and approval of an installation, to address public safety, minimize impacts on scenic, natural and historic resources, and provide adequate financial assurance for the installation, operation, maintenance and decommissioning of GMSP installations.
B.
The requirements set forth in this Article 20 shall establish the set of standards that apply to the construction, operation, maintenance, and decommissioning of GMSP installations in the GMSP Overlay District and the process and procedures for site plan review and approval of an application for a GMSP installation.
C.
If an applicant does not receive GMSP installation site plan review
approval or such approval lapses, then all requirements of the underlying
district shall apply to the land and this alternative set of standards
for the construction, operation, and/or repair of GMSP installations
shall not apply.
D.
The Planning Board is the site plan review authority (SPRA) for all
applications for GMSP installations in the GMSP Overlay District defined
in this article of the bylaw.
[Amended 4-30-2018 ATM
by Art. 19]
E.
An application for a GMSP installation shall follow all Planning
Board processes and procedures for a site plan review as defined by
this bylaw unless either listed as an exception or modified by this
article.
[Amended 4-30-2018 ATM
by Art. 19]
A.
Article 20 shall apply to proposal(s) for site plan review and approval of GMSP installations and construction of approved GMSP installations in the GMSP Overlay District after the effective date of this Article 20. This Article 20 shall also apply to physical modifications that materially alter the type, configuration, or size of these installations or related equipment over the operational life of the installation.
B.
Location of GMSP Overlay District.
[Amended 5-24-2021 ATM by Art. 21]
(1)
The GMSP Overlay District shall be comprised of Town Assessor's
Map Parcels B4-05-048, B4-06-O25B, and B4-06-003 and the land identified
as 81-91 Cedar Street. The GMSP Overlay District for location B(1)
is shown on a map entitled "Old Landfill Drawing," which map is hereby
incorporated by reference in and made part of this Zoning Bylaw.
(2)
The GMSP Overlay District shall also be comprised of Town Assessor's
Map Parcel B6-74-011. The GMSP Overlay District for location B(2)
is shown on a map entitled "Crocker Lane Landfill Site" which map
is hereby incorporated by reference in and made part of this Zoning
Bylaw.
C.
Areas for additional GMSP Overlay Districts may be added from time
to time by vote at Town Meeting to amend this bylaw article.
As used in this article, the following terms shall have the
meanings indicated:
Development may proceed without the need for a special permit,
variance, amendment, waiver, or other discretionary approval. As-of-right
development shall be subject to solar photovoltaic installation site
plan review to determine conformance with the Town's Zoning Bylaw.
Projects subject to solar photovoltaic installation site plan review
that comply with the Town's Zoning Bylaw cannot be prohibited, but
can be reasonably regulated by the site plan review authority.
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 and a minimum area of one acre.
The maximum rated output of the electric power production
of the photovoltaic system in direct current (DC).
The Cohasset Planning Board is the SPRA for GMSP installations.
A review and approval by the site plan review authority (SPRA)
to determine conformance with the Town's Zoning Bylaw.
A.
The construction, installation, operation, maintenance, decommissioning
and interconnection with an electricity distribution utility of GMSP
installations shall comply with all applicable local, state and federal
requirements, including but not limited to all applicable electrical,
construction, noise, safety, environmental and communications requirements.
No GMSP installation shall be constructed, installed or modified without
first obtaining a building permit.
B.
Solar photovoltaic installation site plan review. Prior to obtaining
a building permit for construction, installation or modification,
GMSP installations shall undergo solar photovoltaic installation site
plan review by the SPRA as provided below. In accordance with Section
22(c) of the Massachusetts Green Communities Act,[1] solar photovoltaic installation site plan review shall
be expedited and no decision shall be rendered more than one year
after the date of filing of a complete application, as determined
by the SPRA.
[Amended 4-30-2018 ATM
by Art. 19]
[1]
Editor's Note: See MGL c. 25A, § 10(c).
A.
Subject to submittal requirements detailed in the Planning Board's
"Site Plan Review Application Package," a completed application for
solar photovoltaic installation site plan review shall be filed with
the SPRA. Along with receipt of an application, the SPRA may engage,
at the applicant's cost, professional and technical consultants, including
legal counsel, to assist the SPRA with its review of the application,
in accordance with the requirements of MGL c. 44, § 53G.
The SPRA may direct the applicant to deposit funds with the SPRA for
such review at the time the application is determined to be complete,
and may direct the applicant to add additional funds as needed upon
notice. Failure to comply with this subsection shall be valid grounds
for denying the application. Upon approval of the application, any
excess amount attributable to the application processing by the SPRA,
including any interest accrued, shall be refunded to the applicant.
B.
Site plan review. The applicant shall follow the site plan review policies and procedures as defined by § 300-12.6 of this Zoning Bylaw and the "Site Plan Review Application Packet, Planning Board of the Town of Cohasset Massachusetts" except as may be modified by this Article 20. The SPRA has the authority to reduce or waive the application fee. The following shall be specifically included in the site plan review package:
[Amended 4-30-2018 ATM
by Art. 19]
(1)
Site plan(s), prepared by a professional engineer licensed in
the Commonwealth of Massachusetts, at a scale of one inch equals 40
feet, including:
(a)
North arrow and locus map;
(b)
Property boundaries and physical features, including roads;
(c)
Name/description of project;
(d)
Topography, proposed changes to the landscape of the site, grading,
vegetation clearing, including proposed drainage;
(e)
Zoning designation;
(f)
Location of proposed structures, drives, etc., including setbacks;
(g)
Sign(s) location(s);
(h)
Landscaping, both existing and proposed;
(i)
Lighting, including locations, type and wattage.
(2)
Plans or drawings of the GMSP installation prepared by a registered
professional engineer licensed in the Commonwealth of Massachusetts,
showing the proposed layout of the system and any potential shading
from nearby structures or vegetation.
(3)
One- or three-line electrical diagram detailing the ground-mounted
solar photovoltaic installation, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices.
(4)
Documentation of the major system components to be used, including
the photovoltaic panels, mounting system, and inverter(s).
(5)
Documentation of actual or prospective access and control of
the project site sufficient to allow for construction and operation
of the proposed installation.
(7)
Proof of liability insurance. The owner or operator of the ground-mounted
solar photovoltaic installation shall provide the Town Clerk and SPRA
with a certificate of insurance showing that the owner or operator
has sufficient liability coverage pursuant to industry standards and
naming the Town as an additional insured.
(9)
Name, address and phone number and signature of the applicant(s)
and property owner(s), if the applicant is not the property owner.
If the applicant is not the property owner, a statement, signed by
the property owner, authorizing the applicant to proceed is required.
A.
The solar photovoltaic installation commercial site plan review application
must detail the proposed GMSP installation's resistance to extreme
wind, temperature, snow, ice, rain, and humidity conditions. All resistance
specifications to such elements must meet or exceed current state
and Town building regulations.
B.
Repair of damage sustained by the installation under these conditions
shall be the responsibility of the owner/operator of the installation.
C.
Glare shall be mitigated at the applicant's expense by the placement
of fencing, vegetation or other means as reasonably required by the
SPRA.
D.
The GMSP installation shall be enclosed by suitable fencing, access
gates and/or other barriers to prevent unauthorized access and shall
contain closed circuit cameras and motion detectors for security if
required by the SPRA.
E.
All utilities' connections to the external electricity distribution
network and lighting system shall be underground. This requirement
may be partially or completely waived by the SPRA if the SPRA finds
that this requirement is impractical for a specific installation.
F.
All electrical installation shall be done by licensed, certified
electricians. The SPRA/Town reserves the right to retain a licensed,
certified electrician/engineer with experience in GMSP facility construction
to inspect and approve the installation prior to the GMSP facility
being placed into service.
A.
The applicant shall submit as part of the solar photovoltaic installation
commercial site plan review application an operation and maintenance
plan for the 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.
B.
The operation and maintenance plan shall include without limitation
the following:
(1)
Plans for replacing damaged or inoperative array panels.
(2)
Plans for replacing panels that have deteriorated in efficiency
in excess of the manufacturer's warranty.
(3)
Measures to ensure that the panels are kept clean including
plans for snow/ice removal.
(4)
Measures to ensure that the structure and brackets that support
the panels shall be maintained such that no major rust or corrosion
is visible for the life of the installation.
(5)
Measures to ensure that all buildings, enclosures, fences and
other facilities that are part of the installation shall be maintained
in a manner that they retain the original appearance and operational
function, reasonable wear and tear excluded, including but not limited
to paint, shingles, siding, roofing, roadways, gates, access panels,
etc.
A.
Structures. GMSP installations and all appurtenant structures to ground-mounted solar photovoltaic installations shall, to the extent not otherwise covered in this Article 20, be subject to the restrictions concerning the bulk and height of structures, lot area, setbacks, open space, and building coverage requirements set forth in this Zoning Bylaw for the zoning district in which the GMSP Overlay District is located, provided that only one parking space shall be required per GMSP installation and the GMSP installation may cover up to 70% of any lot, provided other setback requirements are met.
B.
The maximum height from grade to the top of the ground-mounted solar
photovoltaic installation shall not exceed 15 feet for each individual
solar panel.
C.
All appurtenant structures, including but not limited to equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other. The SPRA may require
that structures be screened from view by vegetation and/or joined
or clustered to avoid adverse visual impacts.
A.
Lighting. Lighting of ground-mounted 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 ground-mounted solar photovoltaic installation shall
be directed downward and shall incorporate full cut-off fixtures to
reduce light pollution.
B.
Signage. Signs on ground-mounted solar photovoltaic installations
shall comply with this Zoning Bylaw. A sign that identifies the owner
and/or operator and provides a twenty-four-hour emergency contact
phone number shall be required. Ground-mounted solar photovoltaic
installations shall not display any advertising. Advertising does
not include signs providing reasonable identification of the owner,
manufacturer or operator of the installation.
C.
Utility connections. Electrical lines for utility interconnections
shall be routed underground unless found to be impractical by the
SPRA or otherwise required by the interconnecting utility.
D.
Color. The GMSP panels, including all replacement panels, which make
up the GMSP installation, shall each have similar color, reflectivity
and tone. The SPRA may in its discretion grant a case-by-case exception.
A.
Emergency services. The ground-mounted solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic and approved site plan to the Cohasset Fire Chief and Police
Chief. The owner and operator shall cooperate with local public safety
and emergency services in developing an emergency response plan. All
means of shutting down the installation shall be clearly marked. The
owner or operator shall identify a responsible person for public inquiries
throughout the life of the installation. Access capability (lock keys,
combinations, entry codes, etc.) shall be provided by the owner and/or
operator to these public safety officials.
B.
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 GMSP installation or otherwise prescribed
by applicable local, state and federal laws and regulations.
C.
GMSP installation on landfill. If the GMSP installation will be located
on a landfill, it may be required to obtain a post-closure use permit
from the Massachusetts Department of Environmental Protection pursuant
to 310 CMR 19.143. The SPRA may defer action on any application until
such post-closure use permit is obtained or evidence is provided by
the applicant that a post-closure use permit is not required.
A.
GMSP installation conditions. The GMSP installation owner or operator
shall maintain the facility in good condition and repair. Maintenance
shall include, but not be limited to, painting, structural repairs,
and integrity of security measures, buildings, roadways, access gateways,
structural integrity, and elimination of rust and/or corrosion. Site
access shall be maintained to a level acceptable to the Cohasset Fire
Chief and other public safety officials. The Town may continue to
maintain driveways and parking areas that exist at the time of the
application. The owner, operator or property owner shall be responsible
for the cost of maintaining the installation and any access road(s)
installed by such party, unless accepted as a public way.
B.
Modifications. All modifications to a GMSP installation made after
issuance of the required building permit shall require approval by
the SPRA.
C.
Monitoring and reporting. The operator or owner of the GMSP installation
shall monitor the facility for correct and efficient operation and
to detect degradation, incorrect operation or other anomalies. The
operator or owner shall provide a report once per quarter to the Town
documenting all pertinent details surrounding the operation and maintenance
of the GMSP installation.
D.
Clearing of vegetation and trees. The owner/operator of the GMSP
installation shall be responsible for maintaining the immediate area
around the GMSP installation by keeping vegetation, trees and any
other growth trimmed for the operational life of the GMSP installation.
For the purpose of this section, trimming means:
(1)
Grass or other ground vegetation no higher than two feet.
(2)
Trees and bushes shall be maintained to eliminate additional
solar shading, to ensure safe access, to prevent damage caused by
weather (wind, rain, snow, etc.) if a tree or bush is in danger of
falling across an array and to present a clean and professional aesthetic
appearance.
A.
Removal requirements. Any GMSP installation that has reached the end of its useful life or has been abandoned consistent with Subsection B, Abandonment, shall be removed by the owner or operator. 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 SPRA by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1)
Unless requested otherwise by the property owner (i.e. the Town),
physical removal of all structures, equipment, security barriers and
transmission lines associated with the GMSP installation from the
site.
(2)
Disposal of all solid and hazardous waste associated with the
decommissioning of the GMSP installation in accordance with local,
state, and federal waste disposal regulations.
(3)
Stabilization or re-vegetation of the site of the GMSP installation
as necessary to minimize erosion. The SPRA may allow the owner or
operator to leave landscaping or designated below-grade foundations
and conduit in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent written notice by the owner or operator to the SPRA of a proposed date of decommissioning or written notice by the owner or operator requesting an extension due to extenuating circumstances, the GMSP installation shall be deemed abandoned when it fails to operate or operations are discontinued for more than one year without the written consent of the SPRA. If the owner or operator of the GMSP installation fails to remove the installation in accordance with the requirements of this Article 20 within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
A.
An applicant for a ground-mounted solar photovoltaic installation shall provide a form of financial surety acceptable to the Town as set forth in Subsection C(2) below, to cover costs associated with:
(1)
Decommissioning of the GMSP installation and the return of the
site to its state prior to the installation of the GMSP installation
at any time subsequent to the owner's discontinuance of operation
or abandonment of the installation.
(2)
Insurance coverage as specified in § 300-20.5B(7).
B.
The financial surety must be of a form that survives the financial
viability of the owner/operator of the facility.
C.
The owner/operator shall furnish or cause to be furnished, for the
Town's benefit, performance and payment bonds, or other security reasonably
acceptable to the Town and the SPRA, issued by a surety licensed to
do business in the commonwealth and whose name appears on the U.S.
Treasury Department Circular 570, in industry standard form and as
follows:
(1)
Prior to the initiation of any ground disturbing or construction
activities at the premises, a bond or other security reasonably acceptable
to the Town/SPRA in an amount equal to the estimated cost to procure,
install and fully commission the GMSP installation; and
(2)
No later than one year prior to the expiration of the initial
lease term for the GMSP installation, a bond or other security reasonably
acceptable to the Town/SPRA in amount equal to $50 per kW of installed
capacity of the GMSP installation, as security to pay for the removal
of the GMSP installation from the premises upon expiration of the
lease.
