City of Beverly, MA Solar Energy Systems

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.

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.

(2)

The Planning Board shall be the granting authority for any special permit for a large-scale ground-mounted solar energy system. In addition to the design performance standards set forth in § 300-135H, systems requiring a special permit shall comply with § 300-91, Special permit uses.

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.

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;

(g)

Description of financial surety that satisfies Subsection K(3);

(h)

Zoning district designation and the zoning overlay(s) for the parcel(s) of land comprising the project site;

(i)

Evidence of utility notification as described in Subsection C(4); and

(j)

Landscape plan that satisfies Subsection F.

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:

[1]

Front yard: The front yard depth shall not be less than 75 feet.

[2]

Side yard: Each side yard shall have a depth of at least 50 feet.

[3]

Rear yard: The rear yard depth shall not be less than 50 feet.

(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.

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.

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

(c)

Systems requiring a special permit shall comply with § 300-91, Special permit uses.

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.

[1]

Editor's Note: See Art. XI, Signs.

(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.)

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.

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).]

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.

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.