The following uses shall be permitted by right in all Residence
Districts:
A.
The office of a physician, optometrist or dentist (provided there
are no hospital facilities in connection therewith) and the office
or studio of an accountant, architect, artist, lawyer, musician, professional
engineer, or teacher of scholastic subjects, when situated in the
same building used as the residence of the person engaged in such
occupation and provided that not more than 1/3 of the dwelling shall
be so used.
B.
Customary home occupation uses, such as dressmaking and apartment
used as a private residence by the person carrying on the occupation,
provided that no person outside the family unit may be so employed,
and provided that no more than 1/3 of the dwelling or apartment shall
be used therefor. No signs shall be permitted for such uses. Hairdressing
and beauty parlors shall not be deemed to be such customary home occupation
uses.
A.
Parcels over 30,000 square feet in the Central Business (CB) District by special permit. The coordinated development of parcels in excess of 30,000 square feet, whether or not these abut, shall be permitted only by a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance, and in accordance with the additional requirements specified herein.
B.
Additional requirements. The following standards shall be used as
additional requirements in the special permit process for all parcels
over 30,000 square feet of size in the Central Business District:
(1)
The design of such development shall be prepared by an architect
licensed to practice in the commonwealth. Said design shall also incorporate
a landscaping plan prepared by a landscape architect licensed to practice
in the commonwealth.
(2)
Parking areas associated with such development shall be landscaped in accordance with the requirements of § 300-9.7B(2), Off-site and off-street parking areas. No such parking area shall run for more than 80 feet along a front street line and such parking areas shall run for not more than 150 feet along any side street line.
(3)
Pedestrian walkways shall be provided within each parking area
to connect such area with buildings and public sidewalks. Such walkways
shall extend to the most distant portions of such parking areas and
shall be clearly distinguished through design and/or material. Such
walkways shall also be protected from automobile parking spaces and
driving lanes.
(4)
Such development shall be subject to all other requirements
of this ordinance.
(5)
The Board of Appeals shall not grant a special permit until
it has received written recommendations from the Planning Board, provided
such recommendations are presented to the Board of Appeals within
30 days of the publication of the first legal notice for any required
public hearing.
A.
Sale of used motor vehicles and trailers by special permit. Establishments for the sale of used motor vehicles and trailers shall be permitted in the Business B (BB) District only upon issuance of a special permit with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Additional requirements. The following standards shall be used as
additional requirements in the special permit process for establishments
for the sale of used motor vehicles or trailers:
(1)
Repair of vehicles shall be limited to those which are sold
on-site. All repair and detailing work shall be conducted within a
garage and shall not be conducted in the open.
(2)
No vehicles utilized for parts shall be stored on site. The
salvaging or scrapping of motor vehicles or trailers on the premises
shall be prohibited.
(3)
All provisions for landscaping and parking shall be in compliance
with the requirements of this ordinance.
A.
Hospitals, sanitariums and medical/dental centers, offices, clinics
and laboratories with site plan review.
(1)
In Business and Industrial Districts, hospital and sanitariums shall be permitted in the Business A (BA), Business B (BB), Business B-1 (BB-1) and Industrial (I) Districts only with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
(2)
Only medical/dental offices shall be permitted in the Residence C (RC), Neighborhood Business (NB), or Central Business (CB) Districts with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
(3)
Medical/Dental centers, offices, clinics or laboratories shall be permitted in the Business A (BA), Business A-1 (BA-1), Business B (BB), Business B-1 (BB-1), or Industrial (I) Districts only with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Hospitals, sanitariums and medical/dental centers, offices, clinics
and laboratories by special permit with site plan review.
(1)
In the residential districts, hospitals and sanitariums shall be permitted in the Residence A-2 (RA-2), Residence B (RB), Residence C (RC) Districts only upon issuance of a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
(2)
Medical/Dental centers, offices, clinics or laboratories shall be permitted in the Special Use - Technical (SU-T) District only upon issuance of a special permit with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
C.
Additional requirements. The following standards are additional requirements
for all hospitals, sanitariums, medical/dental centers, offices, clinics
or institutions:
(1)
All parking shall be located to the side or rear of the principal
building and in accordance with this ordinance.
(2)
A landscaped buffer a minimum of five feet in height and five
feet in width shall be provided along abutting property lines.
(3)
In residential districts, light poles shall not exceed 15 feet
in height. All lighting shall be contained on site.
(4)
All waste disposal facilities shall be located to the rear of
the principal structure.
A.
Recreation community center with site plan review. Recreation community centers shall be permitted in the Business A (BA), Business A-1 (BA-1), Business B (BB) and Business B-1 (BB-1) Districts only with site plan review from the Planning Board, as specified in Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Recreation community center by special permit with site plan review. Recreation community centers shall be permitted in the Residence A (RA), Residence A-1 (RA-1), Residence A-2 (RA-2), Residence B (RB), Residence C (RC), and Central Business (CB) Districts only upon issuance of a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
C.
Additional requirements. The following standards are additional requirements
for all recreation community centers:
(1)
All parking shall be located to the side or rear of the principal
structure.
(2)
In residential districts, light poles shall not exceed 15 feet
in height. All lighting shall be contained on site.
(3)
All waste disposal facilities shall be located to the rear of
the principal structure.
(4)
The sale of alcoholic beverages shall be prohibited.
A.
Junkyards, junk storage, scrapping of motor vehicles and parts and salvage by special permit with site plan review. Junkyards, junk storage, scrapping of motor vehicles and parts shall be permitted in the Industrial (I) District only upon issuance of a special permit from the Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirements specified herein.
B.
Additional requirements. The following standards are additional requirements
in the special permit process for junkyards, junk storage, scrapping
of motor vehicles and parts and salvage:
(1)
A landscaped buffer a minimum of five feet in height and 15
feet in width shall be provided along abutting property lines.
(2)
All waste shall be stored and handled in accordance with state
and federal regulations.
(3)
Monitoring wells shall be installed and biannual reports submitted
to the SPGA (special permit granting authority).
(4)
Biannual reports shall be submitted to the SPGA detailing type
of materials received and method of disposal.
In its review and issuance of a special permit to allow for
the operation of a warehouse/retail trade and distribution facility,
the Planning Board shall make the following findings:
A.
The operation of the warehouse/retail trade and distribution facility
is considered compatible with surrounding industrial uses in terms
of trip generation, traffic impacts to abutting roadways and impacts
from general industrial activities, including but not limited to noise,
vibration and odor.
B.
The operation of the warehouse/retail trade and distribution facility
is limited to the sales and distribution of a single product category
(examples of single product categories are meat products, lighting
fixtures, textiles) and not a variety of product categories for retail
sales (examples of retail uses not permitted are Sears, Old Navy,
Target, Wal-Mart, Home Depot, Dick's Sporting Goods).
C.
A substantial portion of the sales of the single product category
must be to industrial, commercial, institutional or professional business
users and not retail sales to the general public.
D.
The building, or portion thereof, used as a warehouse/retail trade
and distribution facility establishment shall be dedicated for warehousing
and storage of goods and materials of its single product category
and not for general retail floor space.
A.
Adult theaters, adult bookstores and adult clubs by special permit. Adult theaters, adult bookstores and adult clubs shall be permitted in the Business B (BB) District only upon issuance of a special permit from the Zoning Board of Appeals with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirement specified herein.
B.
Additional requirements. The following standards are additional requirements
in the special permit process for adult theaters, adult bookstores
and adult clubs:
(1)
The property for the proposed use shall not be located within
1,000 feet of a district designated for any residential use.
(2)
The property for the proposed use shall not be located within 1,000 feet of another adult theater, adult bookstore, adult club or any establishment licensed under the provisions of MGL c. 138, § 12.
(3)
No obscene matter, material or conduct, as defined in MGL c.
272, § 31, shall be permitted.
(4)
A minimum five -foot-wide landscaped buffer shall be required
along the side and rear property lines, which shall be a minimum of
five feet in height.
(5)
All parking areas shall be located in the side or rear yards.
(6)
All parking areas shall be illuminated and all lighting shall
be contained within the property.
(7)
In addition to the requirements of the special permit, the proposed
use of property shall conform to all requirements of the Zoning Ordinance
as it relates to parking, landscaping and signage.
A.
Repair garage by special permit. Repair garages shall be permitted in accordance with the provisions of Article V and only upon issuance of a special permit with site plan review from the Planning Board, as specified in Article XII, Special Permits, and Article XIII, Site Plan Review, and Article XIV, Site Plan Administration, of this ordinance and in accordance with the additional requirement specified herein.
A.
Purpose. The regulations contained in this section are intended to
promote more effective use of energy in the Town and, more specifically,
the accomplishment of energy-related goals, subgoals and policies
of the West Springfield Master Plan. The accomplishment of these objectives
is pursued, in part, by the encouragement of alternative sources of
energy, e.g., solar, wind and wood.
B.
WINDMILL
WINDMILL ROTOR
WINDMILL TOWER
Definitions. For the purposes of this section and ordinance, the
following definitions shall apply:
A device which converts wind energy to mechanical or electrical
energy.
That portion of the windmill, i.e., blades, associated hub
and shaft, intended to be moved or activated by the wind.
The supporting structure on which the rotor and accessory
equipment are mounted.
C.
Regulations with respect to windmills. Unless otherwise noted, windmills
not described and regulated in this section are not permitted unless
a variance is obtained from the Board of Appeals.
(1)
General regulations.
(a)
Abandonment/Safety. A windmill will be considered abandoned
if not operated for a period of two years or if it is designated a
safety hazard by the Building Inspector. Once a windmill is designated
as abandoned, the owner shall be required to immediately dismantle
the installation.
(b)
Access. Climbing access to the windmill tower shall be limited
either by:
[1]
The installation of a fence with locked gate around
the tower base; or
[2]
Limiting tower climbing apparatus to no lower than
10 feet from the ground. If a fence is used, it shall be no lower
than five feet and constructed in such a manner as to restrict passage
through said fence, including such construction as stockade, woven
wood, chain link, etc. Note: Open construction such as "split rail"
is expressly prohibited.
(c)
Height, freestanding windmills. Permissible height shall be
measured as the vertical distance from the grade of the ground adjoining
the windmill to the center of the windmill rotor. The permissible
height of windmills with rotors which are mounted vertically shall
be measured from the grade of the ground adjoining the windmill to
a point halfway between the lowest and highest points of the rotor.
(d)
Height, roof windmills. Permissible height shall be measured
as the vertical distance from the top of the roof of the building
on which the windmill is mounted to the center of the windmill rotor.
The permissible height of windmills with rotors which are mounted
vertically shall be measured from the top of the roof of the building
on which the windmill is mounted to a point halfway between the lowest
and highest points of the rotor.
(e)
Noise and electrical interference. Setback requirements notwithstanding,
no windmill shall be located so as to generate excessive noise and/or
electrical interference, e.g., with radio and television reception
on neighboring premises. If such interference or excessive noise is
created, the Town Council, following a duly authorized public hearing,
shall be empowered to order appropriate corrective action, including
a cessation of the windmill's operation.
(f)
Placement. No windmill shall be constructed in any front or
side yard area. All other setback requirements shall be measured from
property lines to the center of the base of the windmill tower.
(g)
Any roof-mounted windmills shall be installed in strict compliance
with the manufacturer's instructions; in the event such instructions
do not so specify, any roof-mounted windmill shall be bolted through
the roof with bearing plates installed on the roof's underside.
(2)
Specific regulations. Windmills permitted upon issuance of appropriate
permits by the Inspector of Buildings, Wiring Inspector and/or Plumbing
Inspector.
(d)
Exemptions. Freestanding windmills 25 feet or less in height,
roof-mounted windmills 10 feet or less in height, or windmills used
solely for agricultural purposes may be installed without building
permits. In addition, windmills not connected to building systems,
e.g., those used for irrigation, motor vehicle recharging systems,
swimming pool filters and the like, may be installed without permits
from the Wiring or Plumbing Inspector.
(3)
Windmills allowed by special permit granted by the Board of
Appeals.
(a)
Maximum heights and rotor diameters.
(b)
Setback, freestanding windmills: 2.00 times the height of the
windmill. In the event a special permit is sought for a windmill which
is to be jointly owned by abutting landowners, required setbacks may
be measured from the farthest property lines of such abutting properties.
(c)
In considering a special permit the Board of Appeals shall determine
that no substantial detriment to the public good or safety shall occur;
in addition, the Board shall ensure that the permit sought will not
adversely affect the environmental and visual quality of the Town.
The Board shall also ensure that any special permits granted for jointly
owned windmills contain provisions to guarantee that responsibility
for maintenance and repair of such windmills "runs with the land"
of each participating landowner.
A.
Purpose. The purpose of this section of the ordinance is to promote
the creation of commercial 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, minimize impacts on scenic, natural and historic resources
and provide adequate financial assurance for the eventual decommissioning
of such installations.
B.
Applicability.
(1)
This section applies to large-scale ground-mounted solar photovoltaic
(PV) installations measuring 1.25 acres and larger. This section of
the West Springfield Zoning Ordinance does not apply to solar PV facilities
mounted on buildings or to solar PV facilities for residential use.
(2)
The provisions of this section shall not apply to land owned by the
Town of West Springfield.
C.
General requirements for all solar power general installations.
(1)
Compliance with laws, ordinances and regulations. The construction
and operation of all ground-mounted solar PV 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 PV installation shall be constructed in accordance
with the State Building Code.
(2)
Building permit. No ground-mounted solar PV installation shall
be constructed, installed or modified as provided in this section
without first obtaining a building permit.
D.
Site plan review.
(1)
Ground-mounted solar PV installations measuring 1.25 acres and larger shall undergo a site plan review as outlined in Articles XIII and XIV of the West Springfield Zoning Ordinance prior to construction, installation or modification of the facility as provided in this section. The total area of ground-mounted solar PV structures shall include the areas where the solar panels are installed, all appurtenant and accessory buildings, access roads, landscaping and visual screening elements.
(2)
Required documents.
(a)
Pursuant to the required site plan content described in § 300-13.6 of the Zoning Ordinance, the project proponent shall provide the following additional documents and information. The Planning Board may waive any of these requirements as it deems appropriate.
[1]
A site plan showing:
[a]
Property lines and physical features, including
roads for the project site, wetlands, wildlife corridors and other
relevant features;
[b]
Location and approximate height of tree cover,
including any trees on public property that are age 75 years and older
or with a diameter of 36 inches or greater, and any trees that are
within the jurisdiction of the Tree Warden;
[c]
Proposed changes to the landscape of the site,
including roads, grading, vegetation clearing and planting, roads,
parking areas, exterior lighting, screening vegetation or structures;
[d]
Elevations of the solar PV installation signed
by a professional engineer showing the proposed layout of the system
and any potential shading from structures and vegetation, including
those on abutting property(ies);
[e]
A three-line electrical diagram detailing the solar
PV installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
[f]
Documentation of the major system components to
be used, including the photovoltaic panels, mounting system, and inverter;
[g]
Name, address, and contact information for the
proposed system installer;
[h]
Name, address, phone number and signature of the
project proponent, as well as all co-proponents and property owners,
if any;
[i]
The name, contact information and signature of
any agents representing the project proponent; and
[2]
Proof of liability insurance consistent with industry
standards for the proposed facility;
[4]
A public outreach plan, including a project development
time line, which indicates how the project proponent will inform and
educate abutters and the community.
(b)
All plans shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts.
E.
Site control, operation and maintenance plan, and utility notification.
(1)
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 solar photovoltaic
installation.
(2)
The project proponent shall submit a plan for the operation
and maintenance of the ground-mounted solar PV 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.
(3)
No ground-mounted solar PV installation shall be constructed
until evidence has been given to the Planning Board that the utility
company that operates the electrical distribution system grid where
the installation is to be located has been informed by the owner or
operator of the proposed solar PV installation of his/her intent to
install an interconnected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
F.
Dimension and density requirements.
(1)
Setback and height requirements. The setbacks for ground-mounted solar photovoltaic installations, including appurtenant structures and parking areas, shall be at least 50 feet from any property boundary. The setback areas shall not be included in the calculation of the size of the ground-mounted solar voltaic installation. The height of a ground-mounted solar photovoltaic installation or any appurtenant structure shall comply with the requirements of § 300-6.0 of the West Springfield Zoning Ordinance.
(2)
Lot coverage. The lot coverage requirements of Table 6-2 of
the West Springfield Zoning Ordinance do not apply to ground-mounted
solar PV installations.[1]
[1]
Editor's Note: Table 6-2 is included as an attachment to this chapter.
(3)
Appurtenant structures. All appurtenant structures to ground-mounted solar PV installations shall comply with the requirements of § 300-6.3E, Accessory structures, of the West Springfield Zoning Ordinance All such appurtenant structures include but are not limited to equipment shelters, storage facilities, transformers, and substations.
G.
Design, safety, and environmental standards.
(1)
Lighting. Lighting of solar PV 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
solar PV installation shall be directed downward and shall incorporate
full-cut-off fixtures to reduce light pollution.
(2)
Signage. Any signs on ground-mounted solar PV installations and property shall comply with § 300-9.2 of this Zoning Ordinance. A sign shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar PV installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
(3)
Utility connections. Reasonable efforts, as determined during
the site plan review, shall be made to place all utility connections
from the solar PV installation underground, depending on appropriate
soil conditions, shape, and 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.
(4)
Landscaping. All land associated with the ground-mounted solar
PV installation shall be covered and grown in natural vegetation.
All ground surface areas beneath solar arrays and setback areas shall
be pervious to maximize on-site infiltration of stormwater. Impervious
paving of areas beneath solar arrays is prohibited. To the greatest
extent possible, a diversity of plant species shall be used, with
preference given to species that are native to New England. Use of
plants identified by the most recent copy of the Massachusetts Prohibited
Plant List maintained by the Massachusetts Department of Agricultural
Resources is prohibited. Herbicides shall be applied only by properly
licensed personnel in conformance with all applicable state regulations.
(5)
Parking and access. Reasonable on-site parking is required for vehicles that will service the installation only. The requirements of § 300-9.0, Off-street parking and loading standards, of the West Springfield Zoning Ordinance do not apply.
(6)
Visual impact mitigation. The plan for a ground-mounted solar
PV installation shall be designed to maximize the preservation of
on-site and abutting natural and developed features. In undeveloped
areas, existing vegetation shall be retained to the greatest extent
possible, especially where such vegetation provides a benefit to the
natural environment. In developed areas, the design of the installation
shall consider and incorporate human-designed landscape features to
the greatest extent, including contextual landscaping and landscape
amenities that complement the physical features of the site and abutting
properties. Whenever reasonable, structures should be screened from
view by vegetation and/or joined or clustered to avoid adverse visual
impacts and be architecturally compatible with each other. Vegetation
shall be of varieties native to New England. Vegetative screening
shall reach a mature form to effectively screen the installation within
five years of installation. The mature height of the vegetated screening
shall be such that the installation's structures are not apparent
to a person upon any public road and viewing the installation from
a height of 10 feet. Planting of the vegetative screening shall be
completed prior to final approval of the solar PV installation by
the Building Inspector.
(7)
Emergency services. The owner or operator of the ground-mounted
solar PV installation shall provide a copy of the project summary,
electrical schematic, and site plan to the West Springfield Fire Department.
Upon request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of disconnecting
the solar PV installation shall be clearly marked. The owner or operator
shall identify and provide contact information for a person who is
responsible for responding to all public and emergency inquiries related
to the installation. This information shall be updated as needed.
(8)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to that which is necessary for
the construction, operation and maintenance of the ground-mounted
solar PV installation or otherwise prescribed by applicable laws,
regulations, and ordinances. Sufficient vegetation shall be maintained
to minimize soil erosion. Ground-mounted solar PV installations shall
be installed only upon water-permeable surfaces as approved during
site plan review.
(9)
Preservation of trees. Ground-mounted solar PV installations
shall be designed and constructed to preserve and maintain the health
and root systems of significant trees on public property and within
the jurisdiction of the Tree Warden that are age 75 years and older
or at least three feet in diameter at a height of four feet above
the ground. Any removal of trees on public property shall be consistent
with MGL Chapter 87, Shade Trees, MGL c. 40, § 15C, Scenic
road designations, and all other applicable regulations.
(10)
Wildlife corridors. Ground-mounted solar PV installations shall
be designed and constructed to minimize the impacts on wildlife corridors.
(11)
Sound levels. Sound levels under normal operating conditions
of the ground-mounted solar PV installation measured at the boundary
of the lot on which the installation is sited shall not be more than
10 decibels greater than would otherwise exist in the absence of the
facility.
(12)
Hazardous materials. Hazardous materials that are stored, used,
or generated on site shall not exceed the amount for a very small
quantity generator of hazardous waste as defined by Massachusetts
Department of Environmental Protection regulations 310 CMR 30.000
and shall meet all applicable requirements, including storage of hazardous
materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment.
If hazardous materials are utilized within the solar electric equipment,
then impervious containment areas capable of controlling any release
to the environment and to prevent potential contamination of groundwater
are required.
(13)
Independent engineer. Upon request of the Planning Board, the
proponent shall pay for a licensed third-party independent engineer
selected by the permitting authority to review submittals on its behalf.
H.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The owner or operator
of the ground-mounted solar PV installation shall maintain the facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to a level acceptable to
the West Springfield Fire Chief, Building Inspector and Electrical
Inspector. The owner or operator shall be responsible for the cost
of maintaining the installation and any access road(s), unless accepted
as a public way.
(2)
Modifications. All material modifications to a solar PV installation
made after issuance of the required building permit shall require
approval by the Planning Board.
(3)
Removal requirements and abandonment.
(a)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar PV installation
shall be considered abandoned when it fails to operate for more than
one year without a written waiver of consent of the Planning Board.
If the owner or operator of the large-scale ground-mounted solar PV
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 or its agents may enter
the property and physically remove the installation, the full cost
of which shall be the responsibility of the owner or operator.
(b)
Removal requirements. Any ground-mounted solar PV installation which has reached the end of its useful life or has been abandoned consistent with Subsection H(3)(a) of this ordinance 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 ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and electrical
lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations;
[3]
Stabilization and 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 to minimize
erosion and disruption to vegetation.
I.
Financial surety. The project proponent of ground-mounted solar PV
projects shall provide a form of surety, either through escrow account,
bond or otherwise, to cover the cost of removal in the event the Town
becomes responsible for removing the installation and remediating
the landscape. The amount and form of the surety shall be determined
to be reasonable by the permitting authority, but in no event should
exceed more than 125% of the cost of removal and compliance with the
additional requirements set forth herein, as determined by the project
proponent. Such surety is not required for municipally owned 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.
