[Added 6-18-2018 by Ord.
No. 067B]
A.
Purpose. The purpose of this section is to encourage the responsible
development of large-scale ground-mounted solar energy systems. These
regulations shall include, but not be limited to, standards for placement,
design, construction, operation, monitoring, modification, and removal
of such installations that address public safety, minimize impacts
on scenic, natural, and historic resources, support the goal of reducing
carbon emissions, protect residential properties and neighborhoods,
and provide adequate financial assurance for the eventual decommissioning
of installations if necessary.
B.
Applicability. This section applies to large-scale ground-mounted
solar energy systems, including associated equipment and structures.
This section shall also pertain to physical modifications that materially
alter the type, configuration, or size of ground-mounted solar energy
systems or related equipment.
(1)
Large-scale ground-mounted solar energy systems shall require a site plan review in accordance with the Zoning Ordinance of the City of Beverly in addition to meeting the requirements of this section. Use restrictions for large-scale ground-mounted solar energy systems are established in Article VII, District Regulations.
C.
General requirements.
(1)
The construction of all large-scale ground-mounted solar energy
systems shall be consistent with all applicable local, state, and
federal requirements, including but not limited to all applicable
safety, construction, electrical, and communications requirements.
(2)
Prior to the issuance of a building permit for the construction
of a large-scale ground-mounted solar energy system, an emergency
response plan shall be provided to the Beverly Fire Department, along
with emergency contact information. No building permit shall be issued
before the Fire Chief has approved the emergency response plan. During
and after construction, keys to all gate locks shall be provided to
the Beverly Fire Department.
(3)
Prior to the issuance of a building permit, a complete copy
of the Stormwater Management Report and Checklist shall be provided
to the Planning Department, the Municipal Inspections/Building Department,
the Planning Board, the Conservation Commission, and emergency services.
(a)
The report shall include the names, addresses, and contact information,
including twenty-four-hour emergency contact information for all construction-period
project operators, including the project owner and all project contractors
and/or subcontractors. Changes and updates to the site operator contact
information must be provided, in writing, to the Municipal Inspections/Building
Department within one business day of any changes/updates.
(4)
Prior to the issuance of a building permit, the applicant shall
provide the Municipal Inspections/Building Department with documentation
that the utility company that operates the electrical grid where the
large-scale ground-mounted solar energy system is to be located is
informed of the intent of the applicant to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this
requirement.
(5)
Prior to final approval by the Electrical Inspector and the
Municipal Inspections/Building Department, an operations and maintenance
(O&M) plan shall be submitted to the Planning Board, the Municipal
Inspections/Building Department, the Conservation Commission, and
emergency services.
(a)
The plan shall include measures for maintaining safe access
to the installation, stormwater, and vegetation controls, as well
as general procedures for operational maintenance of the installation.
(b)
The plan shall include the names, addresses, and contact information
for the site owner and site operator (if different), a description
of emergency response measures including procedures for shutting down
the installation, a checklist of inspection items, a schedule for
implementing routine and emergency maintenance activities, and a long-term
pollution prevention plan consistent with the requirements of the
MassDEP Stormwater Management Standards.
(c)
At such a time that the responsible party(ies) transition or
change, an updated O&M plan shall be submitted to the Planning
Board, the Municipal Inspections/Building Department, the Conservation
Commission, and emergency services within five business days of the
change.
(6)
Prior to issuance of a building permit, the applicant shall
submit documentation of actual or prospective access and control of
the project site sufficient to allow for construction and operation
of the proposed large-scale ground-mounted solar energy system. If
a lease or rental agreement is used to satisfy this requirement, said
lease or rental agreement shall be for a period of not less than 10
years, and shall include a clause that expressly permits the use of
the property for the construction, maintenance, and use of a large-scale
solar energy system.
(7)
Emergency shutoff procedures must be clearly indicated at each
ingress point to the site. Each ingress point shall restrict access
to authorized personnel only.
(8)
Prior to final approval by the building inspector, all landscape
areas must be complete in accordance with the landscape plan.
D.
Site plan review.
(1)
All large-scale ground-mounted solar energy systems shall undergo
site plan review by the Planning Board prior to construction, installation,
or modification.
(2)
All plans and maps shall be prepared, stamped, and signed by
a professional engineer licensed to practice in the Commonwealth of
Massachusetts.
(3)
Required documents. The applicant shall provide the following
documents to the Planning Department as part of the site plan review
process:
(a)
A site plan showing:
[1]
Property lines and physical features, including roads, for the
project site;
[2]
Proposed changes to the landscape of the site, including grading,
vegetation clearing and planting, exterior lighting, screening vegetation
or structures, and new structures, including their height;
[3]
Blueprints or drawings of the large-scale ground-mounted solar
energy system signed by a professional engineer licensed to practice
in the Commonwealth of Massachusetts showing the proposed layout of
the system and any potential shading from nearby structures;
[4]
One- or three-line electrical diagram detailing the large-scale
ground-mounted solar energy system, 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, and environmental containment
of oils if greater than 50 gallons used in equipment;
[6]
Name, address, and contact information for the proposed system
installer;
[7]
Name, address, telephone number, and signature of the property
owners, the applicant, the developer, and any other party that produced
material to support the special permit application or site plan;
[8]
Name, contact information, and signature of any agents representing
the owner or applicant;
[9]
Provision of water, including what is needed for fire protection;
[10]
Locations of local or national historic districts;
[11]
List of any hazardous materials proposed to be
located on the site in excess of household quantities and a plan to
prevent their release into the environment;
[12]
Locations of permanently protected open space,
priority habitat areas, and a BioMap 2 Critical Natural Landscape
Core Habitat mapped by the Natural Heritage and Endangered Species
Program (NHESP) and "habitat of potential regional or statewide importance,"
also known as "important habitat" mapped by the DEP; and
[13]
Documentation of how all system components shall
be secured to the ground in a manner that ensures their stability
in severe weather conditions.
(b)
Proof of liability insurance;
(c)
Documentation of actual or prospective access and control of
the project site;
(d)
Operations and maintenance plan;
(e)
Emergency response plan;
(f)
Stormwater Management Report and Checklist;
(h)
Zoning district designation and the zoning overlay(s) for the
parcel(s) of land comprising the project site;
E.
Dimension and height requirements.
(1)
Setbacks.
(a)
Large-scale ground-mounted solar energy systems shall be located
so that the entirety of any system and associated equipment falls
within the setback requirements.
(b)
In districts where large-scale ground-mounted solar energy systems
are permitted by right, the building setback requirements of the underlying
zoning shall apply.
[1]
Where lots abut residential districts, setbacks from the lot
line(s) adjacent to the residential parcel shall be 50 feet.
(c)
In districts where large-scale ground-mounted solar energy systems
require a special permit, setback requirements shall be as follows:
(2)
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar energy systems shall be subject to the City of
Beverly's Zoning Ordinance requirements concerning the bulk of structures,
setbacks, open space, parking, and building coverage requirements
for the underlying zoning. All such appurtenant structures, including,
but not limited to, equipment shelters, storage facilities, fencing,
transformers, and substations, shall be architecturally compatible
with each other. Structures shall be screened from view by vegetation
and/or joined or clustered to avoid adverse visual impacts.
(3)
Height of structures. The height of any structure associated
with a large-scale ground-mounted solar energy system shall not exceed
20 feet. The height of any solar panel from ground level shall not
exceed 20 feet.
(4)
Lot coverage. The lot coverage requirements of the underlying
zoning district and any applicable overlay districts shall apply.
However, the lot coverage shall be based upon permeability rather
than use. Only nonpermeable surfaces on the ground will be considered
lot coverage.
F.
Landscape plan and buffering.
(1)
Landscaping shall be provided and maintained in accordance with
the site plan approved by the Planning Board.
(2)
If a property owner (or designated representative) of a lot
from which the proposed installation can be seen without obstruction
requests a visual rendering of the proposed installation from a vantage
point of their choosing on said lot, the applicant shall submit one
as part of the site plan review. The visual rendering must accurately
reflect the horizontal and vertical scale of the installation, accessories,
and landscape screening.
(3)
Landscaping shall be provided and maintained on the site to
screen the solar energy system, the accessory facilities, and appurtenant
structures as set forth below. Landscape screening shall be provided
adjacent to:
(a)
Abutting properties where a front, side, or rear lot line of
the solar energy system site adjoins (or is separated by a public
way from) a residential district or an existing residential use, as
follows:
[1]
Landscape screening shall consist of planting, the plantings
to be of such height and depth as is needed and as determined by the
Planning Board during site plan review to adequately screen from view
the solar energy system, accessories, appurtenant structures, and
light sources.
[2]
Such a strip shall contain a continuous screen of planting of
vertical habit in the center of the strip not less than three feet
in width and six feet in height to maintain a dense screen throughout
the year.
[3]
At least 75% of the plantings shall consist of evergreens and
shall be evenly spaced along the length of the buffer strip.
[4]
In lieu of continuous planting, a solid brick, stone, or wood
fence of a design approved by the Planning Board, or a planted earthen
berm of a design approved by the Planning Board, may be established
and maintained with the plantings in an amount of no less than 20%
of the amount required above.
[5]
Removal of healthy trees over five inches in diameter at breast
height (DBH) shall be minimized in the buffer strip to the maximum
extent practicable. Any such trees as are removed shall be replaced
on site, one tree to be replaced for each tree removed. New or replacement
trees must be at least two inches DBH.
[6]
All landscaped areas, including, but not limited to, walls and
fences, shall be properly maintained. Plantings that die shall be
replaced within one growing season by the property owner. Plantings
shall be maintained in accordance with the site plan for the duration
of the presence of a solar energy system on the site.
(b)
When abutting public ways, in addition to landscaping in front
and side yards mentioned above, landscape screening shall consist
of planting, the plantings to be of such height and depth as is needed
and determined by the Planning Board during site plan review to screen
adequately from view any unshielded light source, generated or reflected,
either inside or outside.
G.
Relief by special permit.
(1)
Relief from setback, dimension, and height requirements, and
landscape and buffering requirements, may be sought through special
permit from the Planning Board. The Planning Board may consolidate
the review of all applications that come under its jurisdiction into
one review procedure.
(2)
A special permit for the aforementioned relief will only be
awarded if the large-scale ground-mounted solar energy system meets
the following criteria:
(a)
The solar energy system serves as a canopy for a parking lot
or serves as another similar use; or
(b)
The applicant provides a description of the solar energy system
and the technical, economic, and other reasons for the proposed location
and design, to be prepared and signed by a registered professional
engineer; and
H.
Design and performance standards.
(1)
Lighting. Outdoor lighting, including lighting on the exterior
of a building or lighting in parking areas, shall be arranged to minimize
glare and light spilling over the neighboring properties. Except for
low-level intensity pedestrian lighting, all other lighting shall
be designed and located so that:
(a)
The luminaire (LED) has an angle of cutoff less than 76°;
(b)
A line drawn from the height of the luminaire (LED) along the
angle of cutoff intersects the ground at a point within the development
site;
(c)
The bare light bulb, lamp, or light source is completely shielded
from direct view at any point five feet above the ground on neighboring
properties or streets;
(d)
Lighting shall be directional to preclude light pollution of
neighbors or the night sky and shall be Dark Sky compliant and meet
International Dark Sky FSA certification requirements;
(e)
The owner/manager shall be responsible for maintenance of lighting
systems. Lighting shall not be kept on after 9:00 p.m. unless there
is an emergency or it is required for safety purposes as determined
by the Beverly Fire Department.
(2)
Signage. Signs on large-scale ground-mounted solar energy systems
shall comply with the City of Beverly Sign Ordinance and all other
applicable requirements from Beverly's Code of Ordinances.[1] A sign shall be required to identify only the owner or
manager and provide a twenty-four-hour emergency contact phone number.
(3)
Utility connections. Reasonable efforts shall be made to place
all utility connections from large-scale ground-mounted solar energy
systems underground, depending on appropriate soil conditions, shape,
and topography of the site, as well as any requirements of the utility
provider. Electrical transformers for utility interconnections may
be aboveground if required by the utility provider.
(4)
Roads. Access roads shall be constructed to minimize grading,
removal of stone walls or trees, and minimize impacts of environmental
or historic resources. All access roads must be approved by the Beverly
Fire Department.
(5)
Hazardous materials. Hazardous materials stored, used, or generated
on site shall not exceed the amount for a very small quantity generator
of hazardous waste as defined by the DEP pursuant to MassDEP regulations
310 CMR 30.000, and shall meet all requirements of the DEP, 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
outdoor environment. If any hazardous materials, including, but not
limited to, lithium ion (storage batteries), are used within the solar
electric equipment, then impervious containment areas capable of controlling
and containing any release of hazardous materials to the environment
and to prevent potential contamination of groundwater are required.
A list of any hazardous materials proposed to be located on the site
and a plan to prevent their release shall be provided to the Planning
Board and Fire Department. The use of cadmium telluride solar panels
is prohibited in the City of Beverly.
(6)
Noise. Noise generated by large-scale ground-mounted solar energy
systems and associated equipment and machinery shall conform, at a
minimum, to applicable state and local noise regulations, including
the DEP's Division of Air Quality noise regulations, 310 CMR 7.10.
(7)
Visual impacts and glare.
(a)
The solar energy system, including all accessories and appurtenant
structures shall be designed to minimize visual impacts, including
preserving natural vegetation to the maximum extent possible, blending
in equipment with the surroundings and adding vegetative buffers to
provide an effective visual barrier from adjacent roads and screen
abutting residential properties, regardless of development status.
Siting shall be such that the view of the solar energy system from
locations off site shall be minimal.
(b)
Reasonable efforts shall be made to design solar energy systems to prevent reflected solar radiation or glare from becoming a public nuisance or hazard to adjacent buildings, roadways, or properties. Such efforts may include, but not be limited to, deliberate placement and arrangement, anti-reflective materials, solar glare modeling, and screening in addition to required landscaping. (See Subsection F.)
I.
Safety and environmental standards.
(1)
Emergency services. Prior to the issuance of a building permit
for the construction of a large-scale ground-mounted solar energy
system, the applicant shall provide a copy of the project summary,
electrical schematic, and site plan to the Fire Chief. The owner or
manager shall cooperate with local emergency services to develop the
emergency response plan. All means of shutting down the solar energy
system shall be clearly marked. A responsible person shall be identified
for public inquiries throughout the life of the installation. The
identity of this person may be updated at any time. No building permit
shall be issued before the Fire Chief has approved the site plan and
emergency response plan.
(2)
Land clearing and soil erosion. The facility shall be designed
to minimize impacts to environmentally sensitive land. The clearing
of natural vegetation shall be limited to what is necessary for the
construction, operation, and maintenance of the large-scale ground-mounted
solar energy system. Topsoil will not be removed from the site. Clear
cutting of forest shall not exceed five acres. The facility design
shall minimize the use of concrete and other impervious materials
to the maximum extent possible.
(3)
Habitat impacts. Large-scale ground-mounted solar energy systems
shall not be located on Permanently Protected Open Space or Priority
Habitat and BioMap 2 Critical Natural Landscape Core Habitat area
mapped by the Natural Heritage and Endangered Species Program (NHESP),
and shall be designed to minimize impacts to "Habitat of Potential
Regional or Statewide Importance" or "Important Habitat" mapped by
the DEP to the maximum feasible extent.
J.
Monitoring, maintenance, and annual reporting.
(1)
Solar energy system conditions. Solar energy systems shall be
maintained in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, and maintaining the integrity
of security measures. Site access shall be maintained to a level acceptable
to the Fire Chief as provided in the emergency response plan. The
owner or manager of the facility shall be responsible for the cost
of maintaining the solar energy system and any access roads.
(2)
Modifications. All material modifications to a large-scale ground-mounted
solar energy system made after issuance of the required building permit
shall require approval by the Municipal Inspections Department.
(3)
Annual reporting. All solar energy systems requiring a site plan review shall provide annual reports to the Planning Department and the Municipal Inspections Department no later than 45 days after the end of the calendar year. The annual report shall be provided by either the owner of the system or the individual in charge of operation and maintenance, and shall include, but not be limited to, control of vegetation, noise and light standards, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year, the amount of electricity generated by the facility, and the amount of surety available for decommissioning or indemnification. [See Subsection K(3).]
K.
Abandonment, decommissioning, financial surety, and indemnification.
(1)
Removal requirements. Any large-scale ground-mounted solar energy system which has reached the end of its useful life or has been abandoned consistent with Subsection K(2) of this section shall be removed. The owner or manager shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or manager shall notify the Planning Department 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 energy
systems, structures, equipment, security barriers, and appurtenant
structures, including, but not limited to, equipment shelters, storage
facilities, transformers, and substations, 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 revegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or manager to leave
landscaping or designated below-grade foundations in order to minimize
erosion and disruption to vegetation.
(2)
Abandonment. Absent written notice of the proposed date of decommissioning
or written notice of extenuating circumstances, the solar energy system
shall be considered abandoned when it fails to operate for more than
one year without the written consent of the Planning Board. Upon written
request from the Municipal Inspections/Building Department, 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 Municipal Inspections/Building Department 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 abandoned. If the owner or manager of the solar
energy system 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 City of Beverly retains
the right, after receipt of an appropriate court order, to enter and
remove an abandoned, hazardous, or decommissioned large-scale ground-mounted
solar energy system. As a condition of site plan or special permit
approval, the application, system owner, and/or landowner shall agree
to allow entry to remove an abandoned or decommissioned installation.
The City's cost for the removal will be charged to the property owner.
(3)
Financial surety. Owners or managers of large-scale ground-mounted
solar energy systems shall provide a form of surety, either through
escrow account, bond, or other form approved by the Planning Board,
to cover the cost of removal in the event the City must remove the
installation and remediate the landscape, in an amount and form determined
to be reasonable by the Planning Board, but in no event to exceed
more than 125% of the cost of removal and compliance with the additional
requirements set forth herein, as determined by the project proponent
and the City. Such surety will not be required for municipal-owned
facilities. The project proponent shall submit a full 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. The owner or manager shall replenish the surety
as necessary to maintain an adequate amount, as determined by the
Planning Board in accordance with the requirements of this section.
(4)
Indemnification. The owner/manager(s) of the large-scale ground-mounted
solar energy system shall indemnify and hold harmless the City of
Beverly and/or any of its citizens from any and all liabilities, losses
and/or damages, including reasonable attorney fees, resulting from
the failure of the owner/operator(s) to comply with the terms of this
section and/or negligence in the operations and maintenance of any
structures built in accordance with it. Any surety provided for in
this section shall be available for the aforementioned indemnification.
L.
Severability. The provisions of this section are severable, and invalidity
of any section, subdivision, subsection, paragraph, or other part
of this section shall not affect the validity or effectiveness of
the remainder of this section. For any provision of this section that
conflicts with another state or local ordinance, the most restrictive
provision shall apply.
A.
Purpose. The purpose of this section is to encourage the responsible
development of small-scale ground-mounted solar energy systems. Small-scale
ground-mounted solar energy systems shall be considered accessory
structures to both residential and nonresidential uses.
B.
Applicability. This section applies to small-scale ground-mounted
solar energy systems, including associated equipment. Small-scale
ground-mounted solar energy systems are permitted by right as accessory
uses.
C.
General requirements.
(1)
Small-scale ground-mounted solar energy systems shall be permitted
anywhere in a side or rear yard of any lot if they:
(a)
Have rear yard setbacks of at least 10 feet;
(b)
Conform to side yard setback requirements of the underlying
zoning district for principal uses;
(c)
Are not located between a building wall and any street; and
(d)
Are no taller than 10 feet in height or a height equal to 1/2
the distance to the nearest lot line, to a maximum of 20 feet.
(2)
Small-scale ground-mounted solar energy systems shall be located
so that the entirety of any system and associated equipment falls
within the setback requirements.
(3)
All small-scale ground-mounted solar energy systems must comply
with all applicable local, state, and federal requirements, including
but not limited to all applicable safety, construction, electrical,
and communications requirements.
D.
Special permits. A special permit from the Planning Board shall be required for any small-scale, ground-mounted solar energy system that does not meet the aforementioned requirements. When considering a special permit, the Planning Board shall consider the additional performance standards required for large-scale ground-mounted solar energy systems in § 300-135H, as well as additional landscaped buffering to reduce visual impacts on adjacent properties. However, approval of a special permit is not contingent on the strict application of these performance standards.
E.
Design and performance standards.
(1)
Lighting, visual impacts, and glare.
(a)
Outdoor lighting for the purpose of illuminating small-scale
ground-mounted solar energy systems is not permitted. The solar energy
system, including all accessories and appurtenant structures, shall
be designed to minimize visual impacts, including preserving natural
vegetation to the maximum extent possible, blending in equipment with
the surroundings and adding vegetative buffers to provide an effective
visual barrier from adjacent roads and screen abutting residential
properties, regardless of development status. Siting shall be such
that the view of the solar energy system from locations off-site shall
be minimal.
(b)
Reasonable efforts shall be made to design solar energy systems
to prevent reflected solar radiation or glare from becoming a public
nuisance or hazard to adjacent buildings, roadways, or properties.
Such efforts may include, but not be limited to, deliberate placement
and arrangement, anti-reflective materials, solar glare modeling,
and screening in addition to required landscaping.
(2)
Utility connections. Reasonable efforts shall be made to place
all utility connections from small-scale, ground-mounted solar energy
systems underground, depending on appropriate soil conditions, shape,
and topography of the site, as well as any requirements of the utility
provider. Electrical transformers for utility interconnections may
be aboveground if required by the utility provider.
(3)
Noise. Noise generated by small-scale ground-mounted solar energy
systems and associated equipment and machinery shall conform at a
minimum to applicable state and local noise regulations, including
the DEP's Division of Air Quality noise regulations, 310 CMR 7.10.
A.
Purpose. The purpose of this section is to encourage the responsible
development of roof-mounted solar energy systems. Roof-mounted solar
energy systems shall be considered accessory structures to both residential
and nonresidential uses.
B.
Applicability. This section applies to roof-mounted solar energy
systems, including associated equipment. Roof-mounted solar energy
systems are permitted by right in all districts as accessory uses.
C.
General requirements.
(1)
All roof-mounted solar energy systems must comply with all applicable
local, state, and federal requirements, including but not limited
to all applicable safety, construction, electrical, and communications
requirements.
(2)
All roof-mounted solar energy systems located in a local historic district shall comply with all applicable local, state, and federal requirements, including but not limited to Chapter 168, Article I, Historic Districts, of the Beverly Code of Ordinances, and the Historic Districts Act, MGL c. 40C, § 6. This section states that before any building located in a local historic district is constructed or altered in a way that affects exterior architectural features, a certificate of appropriateness, a certificate of nonapplicability, or a certificate of hardship must be issued. Such certificates shall be issued by the Beverly Historic District Commission.
(3)
Roof-mounted solar energy systems shall not extend more than
five feet above the highest point of the roof.
