Town of Webster, MA Article XI Solar Use Facilities

[Added 10-19-2015 FATM, Art. 27]

§ 650-91 Purpose; definitions; requirements.

A. Statement of purpose. The purpose of the solar bylaw is to promote and regulate the use of residential and commercial solar photovoltaic facilities within the Town of Webster and encourage their location and use in a manner which minimizes negative visual and environmental impacts on scenic, natural and historic resources, and to the residents of Webster.

B. Definitions.

(1) SOLAR PHOTOVOLTAIC INSTALLATION: An active solar energy system that converts solar energy directly into electricity.

(2) SMALL-SCALE PHOTOVOLTAIC INSTALLATION: A solar photovoltaic installation with a rated nameplate of up to 250kW DC.

(3) LARGE-SCALE SOLAR PHOTOVOLTAIC INSTALLATION: A solar photovoltaic installation that has a minimum nameplate capacity of 250kW DC.

(4) GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION: A solar photovoltaic system that is structurally mounted on the land and is not roof-mounted.

C. Uses.

(1) Small-scale solar photovoltaic installations shall be allowed as an accessory use in all zoning districts.

(2) Small-scale solar photovoltaic installations shall not be allowed as a primary use in any zoning district.

(3) Large-scale solar photovoltaic installations shall be allowed by special permit by the Planning Board, acting in their capacity as the Special Permit Granting Authority, in zones designated as District 4 - General Business, District 5 - General Business, District 5A - Gore Business District, or District 6 - Industrial. Large-scale solar photovoltaic installations shall not be an allowed use in zones designated as District 1 - Single-Family Residential, District 2 - Agricultural Single-Family Residential, District 3 - Multiple-Family Residential, District 7 - Lake Residential, or District 9 - Conservation. The Planning Board shall review the special permit application for conformance with the Special Permit Criteria under these bylaws as well as Massachusetts General Law.

[Amended 10-15-2018 ATM by Art. 20; 5-10-2021 ATM by Art. 15]

D. Design Standards.

(1) Lighting. Lighting shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off to eliminate light pollution.

(2) Signage. Signs shall comply with the local bylaw, provided that for large-scale solar photovoltaic facilities one additional sign no more than two square feet in area shall be required to identify the owner and provide a twenty-four-hour emergency contact telephone number. Solar photovoltaic installations shall not be used for displaying any advertising. Signage shall only be for identification of the manufacturer or operator of the solar photovoltaic installation.

(3) Utility Connections. All utility connections from a large-scale solar photovoltaic installation shall be underground; provided, however, that the Planning Board may waive this requirement as part of its special permit review based on its soil conditions, shape, and topography of the site and/or any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(4) Appurtenant Structures. All appurtenant structures to large-scale solar photovoltaic installations, including but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be screened from view from abutting properties and public ways by vegetation and/or joined or clustered to avoid adverse visual impacts on abutting properties or public ways.

E. Safety and Environmental Standards.

(1) Emergency Services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. All means of shutting down the solar photovoltaic installation and said person shall be clearly marked.

(2) Land Clearing, Soil Erosion, and Habitat Impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations and bylaws.

F. Monitoring and Maintenance.

(1) Solar Photovoltaic Installation Conditions. The large-scale solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, vegetation maintenance, fence repair, 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 large-scale solar photovoltaic installation and any access road(s), unless accepted as a public way.

(2) Modifications. All material modifications to a small-scale solar photovoltaic installation made after issuance of the building permit shall require approval by the Building Commissioner. All material modifications to a large-scale solar photovoltaic installation made after issuance of the building permit shall require approval from the Planning Board and Building Commissioner.

(3) Removal Requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been discontinued consistent with Subsection G 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 and Building Commissioner 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 re-vegetation of the site as necessary to minimize erosion. The Planning Board and Building Commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

G. Discontinuance. Absent notice of a proposed date of discontinued operations or written notice of extenuating circumstances, the large-scale ground-mounted solar photovoltaic installation shall be considered discontinued when it fails to operate for more than one-year without the written consent of the Planning Board. Upon written request from the Building Commissioner addressed to the contact address provided and maintained by the owner and operator as required above, the owner or operator shall provide evidence to the Building Commissioner demonstrating continued use of the installation. Failure to provide such evidence within 30 days of such written request shall be conclusive evidence that the installation has been discontinued. 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 bylaw within 150 days of discontinuance or the proposed date of discontinued operations, the Town may take appropriate enforcement action including pursuing all available civil or criminal penalties.

H. Financial Surety. Owners or operators of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal and restoration of the site, in an amount and form determined to be acceptable by the Planning Board, but in no event to exceed 125% of the prevailing wage cost of removal, site restoration, and compliance with the additional requirements set forth herein. Such surety shall remain in force for so long as the project is in existence, and the owner shall annually provide the Planning Board and Building Commissioner with proof that the surety continues in effect. Surety shall include oblige notification clause. Lapse of surety shall be a violation of this bylaw and the Town may take appropriate enforcement action. 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 qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. It shall be a condition of every special permit that the Planning Board may, at intervals of no less than five years, request the owner or operator to provide an updated estimate of the cost of removal, and to increase the amount of security accordingly.

I. Contents of Application. In addition to the requirements of Article VII for Site Plan Review, Special Permit applications for a large-scale solar photovoltaic facility shall include:

(1) A site plan showing:

(a) Access roads for the project site;

(b) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation and structures;

(c) Elevations and/or photo simulations of the proposed facility from the nearest public way and possibly other locations at the discretion of the Planning Board;

(d) 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;

(e) 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;

(f) A stormwater management plan;

(g) An erosion and sedimentation control plan;

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

(i) The name, address, and contact information for proposed system installer;

(j) The name, address, telephone number, email address, and signature of the project proponent, as well as co-proponents and/or property owners, if any;

(k) The name, address, telephone number, email address, and signature of any agents representing the project proponent.

(2) Documentation of actual or prospective access and control of the project site;

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

(4) A decommissioning plan in compliance with Subsection F(3);

(5) Proof of liability insurance;

(6) Description of financial surety as required by Subsection H;

(7) Evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

J. Review of Application. Notice of application to the Planning Board shall be filed by the applicant with the Town Clerk, who shall date stamp it and forward a copy of the notice to the Planning Board. Upon receipt of an application, the Town Planner shall review it for completeness.

The Planning Board, acting as the Special Permit Granting Authority, may waive specific submission requirements as determined within this bylaw and where deemed unnecessary by a super majority of the Board.