[5-5-2015 ATM, Art. 31;
amended5-9-2022 ATM, Art. 16; 5-8-2023 ATM by Art. 45]
A.
The purposes of this bylaw shall be to promote and reasonably regulate
the installation of Solar Energy Systems as defined herein and as
required under MGL c. 40A, § 3, Paragraph 9 and to authorize
such installations:
(1)
By providing standards for the approval, placement, design,
construction, operation, monitoring, modification, replacement and
removal of such installations to protect the public health, safety,
welfare, including the protection and preservation of Town infrastructure,
to provide for public safety and to mitigate impacts upon environmental
and scenic resources;
(2)
By requiring adequate surety to secure the eventual decommission
of such installations; and
(3)
By protecting large, continuous blocks of vegetated and forested
land because protecting large, contiguous tracts provides many ecological
benefits, including improved water and air quality, carbon sequestration,
stormwater storage, provision and preservation of wildlife habitat,
reduction in the movement of invasive species and support for greater
biodiversity and provides for many recreational opportunities for
residents.
B.
The Town seeks to incentivize the installation of solar energy systems
within already developed sites and on lands with lesser environmental
values (e.g., existing parking lots and other impervious areas and
roofs) and to prohibit installation of solar energy systems within
jurisdictional wetlands in accordance with Policy 17-1 as issued by
the Massachusetts Department of the Department of Environmental Protection.
For purposes of this article, the following terms shall have
the following meanings:
A dense growth of trees and shrubs covering an area of one
acre or more.
A solar electric system that is affixed to the ground (not
roof-mounted) and all appurtenant fencing, accessways, drainage infrastructure,
electronics, shade management areas and all required buffer areas
for installation and operation of such a system.
SMALL-SCALE GROUND-MOUNTED SOLAR ELECTRIC SYSTEM INSTALLATIONInstallation of a ground-mounted solar electric system which occupies less than one acre of upland and contains solar modules of 500 square feet or less (calculation shall be based on combined square footage of all ground-mounted modules located on contiguous land).
MEDIUM-SCALE GROUND-MOUNTED SOLAR ELECTRIC INSTALLATIONInstallation of a ground-mounted solar electric system which occupies less than one acre of upland and contains solar modules of greater than 500 square feet but less than 43,560 square feet (calculation is based on combined square footage of all ground-mounted modules located on contiguous land).
LARGE-SCALE GROUND-MOUNTED SOLAR ELECTRIC INSTALLATIONInstallation of a ground-mounted solar electric system which occupies one acre or greater of upland and contains solar modules of 43,560 square feet or greater (calculation is based on combined square footage of all ground-mounted modules located on a contiguous land).
A group of solar photovoltaic arrays used for electrical
power generation.
Radiant energy received from the sun that is collected in
the form of heat or light by a solar collector.
An elevated solar electric system that hosts solar panels
installed over parking lots or other hardscaped areas and which is
accessory to a use or uses located on the same lot as the canopy.
An active solar energy collection system that converts solar
energy directly into electricity whose primary purpose is to harvest
energy by transferring solar emergency into another form of energy
or transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
A solar electric system consisting of solar panels installed
on the roof of a dwelling or other building as an accessory portion
of the dwelling or other building and all related equipment which
is necessary for and incidental to the system.
A.
Solar roof-mounted installation. A solar roof-mounted installation
shall be allowed by right in all zoning districts on any residential
dwelling and shall be allowed as of right on any nonresidential building
that conforms to all dimensional requirements in the district where
the land is located.
B.
Solar parking canopy. A solar parking canopy shall be allowed as
of right in all C Districts and shall be allowed as of right following
site plan review and approval by the Zoning Board of Appeals in all
B Districts and shall be allowed upon issuance of a special permit
by the Zoning Board of Appeals in all other districts as provided
for in this article.
C.
Small-scale ground-mounted solar electric installation. A small-scale
ground-mounted solar electric installation shall be allowed as of
right in all B and C Districts following site plan review and approval
by the Zoning Board of Appeals and shall be allowed in all other zoning
districts upon issuance of a special permit from the Zoning Board
of Appeals as provided for in this article. No such installation shall
be allowed in a wetland area.
D.
Medium-scale ground-mounted solar electric installation. A medium-scale
ground-mounted solar electric installation shall be allowed as of
right in all C Districts following site plan review and approval by
the Zoning Board of Appeals and allowed in all B Districts as of right
following site plan approval by the Zoning Board of Appeals and shall
be allowed in all remaining districts upon issuance of a special permit
from the Zoning Board of Appeals as provided for in this article.
No such installation shall be allowed in a wetland area.
E.
Large-scale ground-mounted solar electric installation. A large-scale
ground-mounted solar electric installation shall be allowed as of
right in all C Districts upon obtaining site plan approval from the
Zoning Board of Appeals and shall be allowed in all other districts
upon issuance of a special permit from the Zoning Board of Appeals
as provided for in this article. No such installation shall be allowed
in a wetland area.
The following requirements shall apply to solar electric installations:
A.
Compliance with laws, ordinances, and regulations. All solar electric
installations shall be constructed and operated in compliance with
all 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 electric
installation shall be constructed in accordance with the current Massachusetts
State Building Code.
B.
Building permit and building inspection. All solar electric installations
shall obtain all necessary construction permits and inspections prior
to and during construction, installation, modification, or removal.
C.
Site plan review.
(1)
A ground-mounted solar installation shall obtain site plan review approval under § 201-3.4 prior to construction, installation, modification or removal as provided in this article.
(2)
The Board of Appeals may waive documentary requirements as it
deems appropriate.
(3)
Required documents. Pursuant to the site plan review process,
the project proponent shall provide the following documents:
(a)
A site plan showing:
[1]
Existing conditions for the project site, including:
[a]
Property lines;
[b]
Physical features, including elevations, using
ten-foot contours;
[c]
Location of Wetlands and Priority Habitat Areas
as defined by the Natural Heritage & Engaged Species Program (NHESP);
[d]
Trails and hiking paths;
[e]
Cart paths and roads;
[f]
Buildings and structures on the site;
[g]
Buildings and structures within 200 feet of the
site (with setback distances shown);
[h]
Fencing; and
[i]
Drainage infrastructure.
[j]
Locations of all known, mapped or suspected Native
American archaeological sites or sites of Native American ceremonial
activity. Identification of such sites shall be based on responses,
if any, to written inquiries with a requirement to respond within
35 days, to the following parties: all federally or state-recognized
Tribal Historic Preservation Officers with any cultural or land affiliation
to the Norwell area; the Massachusetts State Historical Preservation
Officer; tribes or associations of tribes not recognized by the federal
or state government with any cultural or land affiliation to the Norwell
area; and the Norwell Historical Commission. Such inquiries shall
serve as a notice to the aforesaid parties and shall contain a plan
of the project, specific identification of the location of the project,
and a statement that an application for permitting for the project
is forthcoming. Accompanying the site plan shall be a report documenting
such inquiries, the responses from the parties, a description of the
location and characteristics, including photographs, of any Native
American sites and the outcomes of any additional inquiries made based
on information obtained from recommendations made by the aforesaid
parties. A failure of parties to respond within 35 days shall allow
the applicant to submit the site plans.
[2]
Proposed changes, including grading, vegetation
clearing, planting, exterior lighting, fencing, screening vegetation,
solar arrays and related equipment, cabinets wiring and structures
and accessway(s);
[3]
Blueprints. Blueprints or drawings of the solar
electric installation signed 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.
[4]
Electrical line diagram detailing the solar electric
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 PV panels, mounting system, and inverter.
[6]
Name, address, and contact information for proposed
solar installation system installer.
[7]
Name, address, phone number and signature of the
project proponent, as well as all coproponents or property owners,
if any.
[8]
The name, contact information and signature of
any agents representing the project proponent.
[9]
A list of any listed hazardous or known carcinogenic
materials proposed to be located on the site in excess of household
quantities and a plan to prevent their release to the environment
as appropriate.
[10]
A certificate for the solar project from the UMass
Clean Energy Extension Pollinator-Friendly Certification Program (or
equivalent program) at a minimum Silver Certification Level or an
equivalent certification as determined by the Site Plan Approval Authority.
This certification shall be maintained so long as the solar project
installation elements are in place.
(b)
Documentation of actual or prospective access and control of
the project site (deeds, purchase and sale agreements, long-term ground
leases, etc.).
(c)
An operation and maintenance plan (see also Subsection D). The O&M Plan shall include measures for maintaining safe access to the installation, stormwater management (consistent with all Department of Environmental Projection Stormwater Standards and with all Town stormwater bylaws, regulations, and rules, as well as general procedures for operational maintenance of the installation).
(d)
Proof of liability insurance; Evidence of satisfactory liability
insurance shall be provided to the Building Official and the Board
of Appeals before any building permit issues or any construction begins
and annual evidence of such liability insurance shall be provided
as a condition of any permit granted to allow the installation and
it shall continue in force and effect until the installation has been
satisfactorily decommissioned, removed and the site restored as required.
(e)
Description of financial surety that satisfies § 201-22.8; and the surety shall be in a form and in an amount that are acceptable to the Board of Appeals, at the Board's sole discretion, and with no letters of credit allowed and with no surety bond to be accepted that has a termination date and the amount of the surety to be up to 125% of the estimated cost to the Town to effect removal of the installation and restoration of the site. The proponent shall provide the Board with an estimate of the costs associated with removal and restoration as prepared by appropriate consultants and then peer reviewed for the Board at the proponent's expense. The amount of the surety shall include increased removal and restoration costs due to anticipated inflation. And, if inflationary costs rise unexpectedly, the Board may require the proponent to post additional surety in as a condition of the permit that allows the installation.
(f)
Any other information requested by the Planning Board and/or
Board of Appeals during the review process.
D.
Operation and maintenance plan. All solar electric installation proponent
shall submit a plan for the operation and maintenance of the solar
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.
E.
Utility notification. All solar electric system installation proponents
shall provide evidence that the utility company that operates the
electrical grid where the installation is to be located has been informed
of the solar electric installation owner's or operator's
intention to install an interconnected customer-owned generator. No
construction of a ground-mounted solar electric installation shall
begin, and no building permit shall issue until evidence is provided
to the Building Official and the Board of Appeals that the utility
company that operates the electrical grid where the installation is
to be located has approved the connection of the proposed generator
into the power grid. Off-grid systems shall be exempt from this requirement.
F.
Payment in lieu of taxes (PILOT). All ground-mounted solar photovoltaic
installation proponents may execute a PILOT agreement with the Select
Board prior to construction of the installation.
G.
Mitigation for loss of forest habitat within the installation.
(1)
Forest disturbance limit. A ground-mounted solar electric installation
shall not disturb in excess of 30 total acres of forest habitat.
(2)
Mitigation for loss of forest habitat within the installation.
If forestland is proposed to be converted to a ground-mounted solar
electric installation, the plans shall provide for mitigation measures
that include the following:
(a)
The solar field shall be built around and conform with the natural
contours of the land;
(b)
Native vegetation under the arrays shall be retained;
(c)
Areas with sensitive or endangered plants shall be avoided;
(d)
A wildflower meadow habitat shall be created within and immediately
around the solar electric system. This habitat shall contain a wide
variety of plants that bloom from early spring into late fall and
that are planted in clumps rather than single plants (to help pollinators
find them) and that are native plants that are adapted to local climate,
soil and native pollinators;
(e)
At least 50% of the array footprint and perimeter shall be planted
with the wildflower meadow plants;
(f)
Plans for pollinator-friendly vegetation establishment and maintenance
shall be designed by a professional biologist or ecologist with relevant
experience and expertise in pollinator habitat creation, grassland
habitat restoration and/or knowledge of New England plant communities;
(g)
A wildflower meadow shall not be mowed more than one time per
year, preferably in September to ensure no animals or creatures are
using it as habitat.
(3)
Mitigation for disruption of trail networks. If existing trail
networks, old roads, wood roads or cart paths are disrupted by the
location of a ground-mounted solar electric installation, the project
and plans shall provide for suitable new, alternative trail alignments
- but with no new rights of public access to be required.
(4)
All plans and maps shall be prepared, stamped, and signed by
a professional civil engineer, licensed to practice in the Commonwealth
of Massachusetts and all survey information shall be prepared, stamped
and signed by a professional surveyor licensed to practice in the
Commonwealth of Massachusetts.
(5)
Vehicular access, unless temporary, to a medium-scale ground-mounted
and/or a large-scale solar electric ground-mounted installation shall
be from a paved way or ways.
(6)
A large-scale ground-mounted solar electric installation in
a residential district shall have the minimum required frontage on
a way that is required in the underlying residential district.
(7)
A special permit required for a solar electric installation
may be conditioned to effectuate and made enforceable the requirements
of this article.
The following dimensional requirements for solar electric installations
and their accessory structures and elements shall supersede the dimensional
requirements in the Zoning Bylaw. Requirements not superseded in this
section still apply.
A.
Setbacks. There shall be no construction or installation of any medium-
or large-scale ground-mounted solar electric system within the following
required property boundary setbacks:
|
Residence A and B
|
Business B1
|
Business C1
| |
|---|---|---|---|
|
Front yard
|
500 feet
|
100 feet
|
100 feet
|
|
Side yard
|
200 feet
|
100 feet
|
50 feet
|
|
Rear yard
|
200 feet
|
100 feet
|
50 feet
|
|
Maximum height of solar device
|
15 feet
|
25 feet
|
25 feet
|
|
1
|
Where a property within a Business District B or C abuts a residential
property, a minimum setback of the installation of 500 feet from the
residential property line shall be required.
|
B.
Vegetation buffers and screening.
(1)
Clearing of natural vegetation shall be limited to what is necessary
for the proper construction, operation, and maintenance of the facility.
Use of previously disturbed land is encouraged in siting of all such
installations.
(2)
In residential districts, land within the required setback areas
shall not be disturbed other than for what is strictly necessary to
access the facility and for any installed vegetation or fencing for
additional screening purposes.
(3)
All installations shall be screened from all public and private
ways and any surrounding residence(s) with existing natural vegetation,
or, in the case where such natural vegetation is not fully satisfactory
for screening the installation, a dense vegetated buffer shall be
installed and maintained together with any fencing that is determined
to be necessary by the Zoning Board of Appeals. At a minimum, the
screening shall be same height as the height of the highest device,
at the time of installation.
C.
Height.
(1)
No ground-mounted solar device or accessory structure shall
exceed 15 feet in height as measured from the ground directly to the
highest point of the installation.
(2)
Existing grade shall not be increased anywhere on the site by
more than five feet through excavation or with fill materials, except
to allow additional berms in the discretion of the Zoning Board of
Appeals for the purpose of providing additional screening.
(3)
The Zoning Board of Appeals may waive the foregoing height and
grade requirements in a nonresidential district if the applicant demonstrates
a necessity to exceed 15 feet in height or to change the existing
grade, but under no circumstances shall heights exceed 25 feet or
changes in grade exceed 10 feet or, when combined, exceed a total
of 25 feet.
(4)
All wiring to serve a solar electric installation located in
a residential district (other than a roof-mounted installation) shall
be underground on the property where the installation is located.
E.
Minimum area required in residential districts. Any and all ground-mounted
solar electric installations in any residential district shall be
subject to the following additional requirements in order to provide
for appropriate screening so as to promote solar energy but also to
protect property values of abutters and to protect abutters from views
of the installations and to protect views of the installations from
public and private ways:
(1)
Small ground-mounted installations. No portion of any installation
may be sited in a wetland area. Wiring and cables shall not be connected
to utility poles and all wiring or cables shall be located underground.
(2)
Medium ground-mounted installations. No portion of such an installation
may be sited in a wetland area. Wiring and cables shall not be connected
to utility poles and all wiring or cables shall be located underground.
(3)
Large ground-mounted installations. No portion of such an installation
may be sited in a wetland area. Wiring and cables shall not be connected
to utility poles and all wiring or cables shall be located underground.
A.
Lighting. Lighting of ground-mounted solar electric installations
shall be the minimum required to provide security and for the safe
operation of the facility. Lighting shall be directed downward, away
from surrounding properties, and shall incorporate full cutoff fixtures
to reduce light pollution. All outdoor lighting fixtures shall be
International Dark Sky (or equivalent) compliant and carry the IDA
Fixture Seal of Approval (or equivalent). All outdoor lighting fixtures
shall be fully shielded from any adjacent residential use or boundary
line and shall emit no light onto adjacent property and shall emit
no light above the horizontal plane. The lighting shall be motion
sensitive and on timers that restrict the lighting to no more than
10 minutes' duration unless there is movement.
B.
Signage.
(1)
A sign consistent with Article 14, Signs, shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number.
(2)
No portion of the installation or property shall be used for
displaying any advertising except for reasonable identification of
the operator of the facility.
C.
Control of vegetation.
(1)
Existence or introduction of invasive species or spread of invasive
species on-site shall be the responsibility of the contractor and
applicant to remediate. All fill brought on-site must be clean, debris-free,
and devoid of invasive plants, their parts, or seeds. Because invasive
species establish and thrive in disturbed areas, to the extent feasible,
all soil and vegetation disturbance on-site must be minimized, and
existing native vegetation must remain intact.
(2)
Herbicides or pesticides shall not be used to control vegetation
or animals at a ground-mounted solar electric installation, unless
approved by the Norwell Conservation Commission for removal of invasive
species.
D.
Visual impacts.
(1)
Ground-mounted solar electric installations shall be designed
to minimize visual impacts including preserving natural vegetation
to the maximum extent possible, blending in equipment with surroundings,
and adding vegetative buffers to provide an effective visual barrier
from adjacent roads and driveways, and to screen abutting residential
properties.
(2)
A diversity of plant species shall be used to promote biodiversity,
with a strong preference for species that are native to Norfolk and
Plymouth Counties, but with the number of native species that shall
be required to be at the discretion of the Board of Appeals after
obtaining input from the Conservation Commission and Conservation
Agent and from the Board's peer review consultant.
(3)
The use of invasive or exotic plants, as identified by the most
recent copy of the "Massachusetts Prohibited Plant List" as maintained
by the Massachusetts Department of Agricultural Resources is prohibited.
(4)
The Board of Appeals may require appropriate vegetative screening
to a depth it deems necessary. Such screening shall be composed of
evergreen and native trees, staggered for height and density, and
they shall be properly maintained and replaced whenever needed.
(5)
All landscaping shall be maintained and replaced as necessary
by the owner and operator of the installation.
E.
Utility connections. Best efforts shall be made to locate all utility
connections from the facility underground. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
F.
Power. All electric power generated at a ground-mounted solar electric
installation shall be from solar energy.
G.
Access. Driveways shall be constructed to minimize:
(1)
Width (only so wide as is deemed necessary by the Zoning Board
of Appeals).
(2)
Grading.
(3)
Removal of stone walls.
(4)
Removal of trees.
(5)
Incompatible appearance from an adjacent roadway.
(6)
Impacts to environmental or historic resources.
(7)
Visibility of the solar infrastructure from any adjacent way
(e.g., providing a bend or turn in the accessway).
H.
Emergency services.
(1)
Prior to approval from the Board of Appeals, the operator shall
provide a copy of the project summary, electrical schematic, and site
plan to the Fire Chief and, if requested, assist in the development
of an emergency response plan, and provide and pay for any requested
training.
(2)
The owner or operator shall identify a responsible person for
public inquiries throughout the life of the installation.
(3)
All means of shutting down the ground-mounted solar photovoltaic
installation shall be clearly marked on the equipment and shall be
provided to the Fire and Police Departments.
(4)
The owner or operator of the installation shall identify a responsible
person for public inquiries throughout the life of the installation.
Contact information shall be provided annually and updated as needed
to:
I.
Land clearing, soil erosion and land impacts.
(1)
The installation shall be designed to minimize impacts to open
agricultural land and fields, even if not in productions. Clearing
of natural vegetation shall be limited to what is necessary for the
construction, operation, and maintenance of the ground-mounted solar
electric installation. Grading that substantially disturbs the existing
soil profile and structure is prohibited; sites shall be selected
where construction may be accomplished without such earth work.
(2)
Prior to any site disturbance and construction, the limits of
the work shown on the approved site plan shall be surveyed and clearly
marked by a professional land surveyor. Upon completion of the survey,
the professional land surveyor shall verify to the Building Official,
in writing, that the limit of work, as shown on the approved site
plans, has been established on the site.
(3)
The design shall minimize the use of concrete and other impervious
materials to the maximum extent possible. Except where allowed by
the Board of Appeals because it is necessary for structural safety
reasons, ground-mounted solar installations shall be installed on
water permeable surfaces to promote groundwater recharge, minimize
groundwater run-off, preserve wildlife habitat and biodiversity, and
reduce heat island effects and climate change impacts.
(4)
Grades in excess of 15% prohibited. Locating medium and ground-mounted
solar electric installations, including accessways and drainage infrastructure,
on original, pre-development grades in excess of 15% is strictly prohibited
and may not be varied.
J.
Habitat impacts. Large-scale ground-mounted solar electric installations
shall not be located on permanently protected land subject to MGL
c. 184, §§ 31 through 33, Priority Habitat and Bio
Map 2 Critical Natural Landscape Core Habitat mapped by the Natural
Heritage and Endangered Species Program (NHESP) and "Important Wildlife
Habitat" mapped by the DEP.
K.
Wetlands.
(1)
In order to provide an adequate intervening land area for the
infiltration of stormwater runoff from a solar electric installation,
ground alterations, such as stump removal, excavation, filling, and
grading, or the installation of drainage facilities or solar panels
are prohibited within 100 feet of a wetland, except that they may
be permitted within 50 to 100 feet of a wetland with the permission
of the Conservation Commission by filing an appropriate permit with
the Commission with type of permit required to be determined by the
Commission.
(2)
The Board of Appeals may impose conditions to contain and control
stormwater runoff that might negatively impact identified wetlands
or other hydrologic features even if the proposed work area is outside
the jurisdiction of the Conservation Commission.
L.
Fencing. The installation shall be securely fenced around the entire
perimeter of the installation with a fencing type satisfactory to
the Board of Appeals.
M.
Accessory structures. Structures accessory to the installation shall
be confined to inverters, transformers, and equipment boxes necessary
for the operation of the facility and buildings which enclose that
equipment. Other structures proposed shall conform to district regulations,
Part 2, of the underlying zoning district.
N.
Monitoring, maintenance and reporting.
(1)
Ground-mounted solar electric installation conditions.
(a)
The owner or operator shall maintain the installation in good
condition.
(b)
Maintenance shall include, but not be limited to, painting,
structural repairs, and integrity of security measures, including
motion-sensitive cameras to prevent theft and vandalism.
(c)
Site access shall be maintained to a level acceptable to the
Fire Chief.
(d)
The owner or operator shall be responsible for the cost of maintaining
the installation and its access.
(2)
Annual reporting.
(a)
The owner or operator of a ground-mounted solar electric installation
shall submit an annual report to the Board of Appeals and Building
Official that demonstrates and certifies compliance with:
[1]
All conditions of approval imposed by the Board
of Appeals under site plan and/or special permit approval;
[2]
All requirements shown on the approved site plan;
[3]
All requirements of the approved operation and
maintenance plan;
[4]
All requirements to maintain visual screening and
other required plantings;
[5]
The requirement for liability insurance;
[6]
The requirement to update contact information;
and
[7]
The requirement to maintain adequate access, including
snow removal.
(b)
The annual report shall detail the maintenance performed in
the prior year and the scheduled maintenance for the upcoming year;
(c)
The annual report shall detail the amount of energy generated
by the installation in the prior calendar year.
(d)
The annual report shall be submitted to the Board of Appeals
and the Building Official not later than 45 days after the end of
the calendar year.
All changes or modifications to a ground-mounted solar electric
system installation made after issuance of the required Board of Appeals
and building permit issuance shall require approval by the Board of
Appeals.
A.
Removal requirements. Any ground-mounted solar electric installation which has reached the end of its useful life or has been abandoned consistent with Subsection B 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 of Appeals and the Building Department by certified mail of the proposed date of discontinued operations and plans for removal at least 30 days prior to the discontinuance of operations and intended decommissioning. Decommissioning shall consist of:
(1)
Physical removal of all components of a ground-mounted solar
electric installations, including but not limited to 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)
Restoration of the site, including stabilization or re-vegetation
of the site as necessary to minimize erosion. The Board of Appeals
may allow the owner or operator to leave landscaping or designated
below-grade foundations in order to minimize erosion and disruption
to vegetation.
B.
Decommissioning by Town. If the owner or operator of a ground-mounted
solar electric installation fails to remove such installation as required,
the Town may, after full compliance with applicable state and federal
requirements, enter the property and physically remove the installation
and stabilize the site, at the owner's expense, drawing upon
the financial surety provided or the imposing the lien allowed.
C.
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, a ground-mounted solar
electric installation shall be considered abandoned when it fails
to operate for more than one year without the written consent of the
Board of Appeals. If the owner or operator 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 shall
have the right, but not the obligation, through easement or license
to enter the property and physically remove the installation and use
the security provided by the operator to do so, following proper access
to the funding.
D.
Financial surety. Proponents of a ground-mounted solar electric system
shall provide a form of surety, either through an escrow account,
consisting of cash or a surety bond (with no termination date) or
otherwise, in a form acceptable to the Town of Norwell acting by the
Board of Appeals, to cover the cost of removal in the event the Town
must remove the installation and remediate the landscape, in an amount
and form determined to be reasonable by the Board of Appeals. Such
surety may 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 qualified engineer, and
reviewed by the Town engineering consultant. The amount shall include
a 50% contingency for increased removal costs due to inflation. There
shall be a surety agreement that provides for the conditions under
which the Town may access the funds in the event of a default and
that also provided for the Town to obtain a lien against the property
in the full amount of the surety or the cost at that time to decommission
the project, whichever amount is greater, in the event the surety
terminates for any reason other than through proper and satisfactory
decommissioning. The surety agreement shall provide an easement to
the Town to allow entry to decommission.
