Town of North Andover, MA Solar Energy Systems

Solar collectors, roof-mounted. The maximum height of buildings and structures shall be as set forth in Table 2.[1] However, no roof-mounted solar collector shall exceed two feet in height unless a waiver is granted by the Planning Board.

Editor's Note: Table 2 is included as an attachment to this chapter.

Solar energy systems, ground-mounted. The maximum height of small-, medium-, and large-scale ground-mounted solar energy systems shall not exceed 15 feet in height.

Setbacks.

Solar energy systems, small- and medium-scale ground-mounted, accessory to a principal use shall be at the least 1/2 of the setback that would otherwise apply or a minimum of 15 feet, whichever is greater, from the side or rear lot line. All ground-mounted solar energy systems shall be installed either in the side yard or rear yard, not in the front yard, and be located no nearer to the street than the building line of the principal structure.

Solar energy systems, large-scale ground-mounted shall have a side and rear yard setback of at least 75 feet; except, however, that where the lot abuts a Residential District, the side and rear yard setback shall be 100 feet. All large-scale ground-mounted solar energy systems shall be installed either in the side yard or rear yard and be located no nearer the street than the building line of the principal structure.

(3)

Solar energy system, appurtenant structures: shall be subject to Zoning Bylaw requirements concerning the bulk and height of structures, lot area, parking and building coverage requirements for the underlying zoning district. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, 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.

Lot coverage. Solar energy systems shall not be included in calculations for lot coverage.

Modification of setbacks. The Planning Board may modify and change the setback and other locational requirements described under § 195-8.88B for large-scale, ground-mounted solar energy systems, provided that such modification and change is granted by Planning Board special permit after consideration of the special permit criteria described under § 195-10.7A of the Zoning Bylaw.

[Added 6-18-2019 STM by Art. 3]

§ 195-8.89 Site plan review/special permit for ground-mounted solar energy systems.

Applicability. Any proposed development that requires a special permit or site plan review as identified in § 195-8.87, Use regulations, shall undergo site plan review prior to construction, installation or modification as provided in this section.

Site plan review document requirements.

An application for a special permit or site plan review for a solar energy system shall comply with the standards set forth in this section and shall be reviewed by the SPGA or site plan review authority.

A site plan showing:

(a)

Property lines and physical features, including roads, for the project site;

(b)

Location and approximate height of tree cover and any potential shading from nearby structures or vegetation;

(c)

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

(d)

Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

(e)

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

(f)

Name, address, and contact information for proposed system installer;

(g)

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

(h)

The name, contact information and signature of any agents representing the project proponent;

(i)

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

(j)

Locations of active farmland and prime farmland soils, wetlands, permanently protected open space, priority habitat areas and BioMap2 critical natural landscape core habitat mapped by the Natural Heritage and Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the DEP;

(k)

Locations of floodplains or inundation areas for moderate- or high-hazard dams;

(l)

Locations of local or national historic districts;

(m)

Drawings prepared at a scale of one inch equals 40 feet (1"=40') or larger, or at a scale as approved by the Town Planner. Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each;

(n)

All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a professional engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts.

(o)

Outline of all existing buildings, including purpose (e.g., residence, garage, etc.) on site parcel and all adjacent parcels within 500 feet of the site parcel, including distances from the solar energy system to each building shown;

(p)

Shall include the information required by Article 8, Part 3, Site Plan Review, § 195-8.14E;

(q)

Waiver. When in the opinion of the SPGA or site plan review authority the alteration, reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic, public services and infrastructure, environmental, unique and historic resources, abutting property and community needs, the Planning Board may determine that submission of one or more of the site plan document requirements may be waived.

(r)

In addition, if a large-scale solar energy system:

Blueprints or drawings of the solar energy system signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system, any potential shading from collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

[2]

One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices;

[3]

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

[4]

An operation and maintenance plan;

[5]

Landscape plan and buffering:

[a]

Landscaping shall be provided and maintained in accordance with the site plan approved by the SPGA and/or PGA.

[b]

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.

[c]

Landscaping shall be provided and maintained on the site to screen the solar energy system, the accessory systems, and appurtenant structures as set forth below. Landscape screening shall be provided adjacent to:

[i]

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:

[A]

Landscape screening shall consist of planting, the plantings to be of such height and depth as are needed and as determined by the SPGA/PGA during site plan review to adequately screen from view the solar energy system, accessories, appurtenant structures, and light sources.

[B]

Such 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.

[C]

In lieu of continuous planting, a solid brick, stone, or wood fence of a design approved by the SPGA/PGA, or a planted earthen berm of a design approved by the SPGA/PGA, may be established and maintained with the plantings in an amount of no less than 20% of the amount required above.

[D]

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. New or replacement trees must be at least two inches dbh.

[E]

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.

[d]

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 are needed and determined by the SPGA/PGA during site plan review to screen adequately from view any unshielded light source, generated or reflected, either inside or outside.

[6]

Proof of liability insurance; and

[7]

A public outreach plan, including a project development time line, which indicates how the project proponent will meet the required site plan review notification procedures and otherwise inform abutters and the community.

Site plan review design standards.

Standards for solar energy systems.

(a)

Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the site plan review authority that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

(b)

Utility connections. Reasonable efforts, as determined by the site plan review authority, shall be made to place all utility connections from the solar photovoltaic 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.

(c)

Safety. The solar energy system owner or operator shall provide a copy of the site plan review application to the local fire chief. All means of shutting down the solar installation shall be clearly marked.

(d)

Visual impact and glare.

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.

[2]

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.

(e)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws.

In addition, if a large-scale solar energy system:

(a)

Site control. 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 energy system.

(b)

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar energy system, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

(c)

Lighting. Lighting of large-scale ground-mounted solar energy systems 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 energy system shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution.

(d)

Signage. Signs on large-scale ground-mounted solar energy systems shall comply with the Zoning Bylaw.[1] A sign consistent with the Zoning Bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.

Editor's Note: See Art. 6, Signs and Sign Lighting Regulations, of this chapter.

(e)

Roads. Access roads shall be constructed to minimize grading, removal of stone walls or trees, and minimize impacts on environmental or historic resources. All access roads must be approved by the North Andover Fire Department.

(f)

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.

(g)

Emergency services. The large-scale ground-mounted solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy system shall be clearly marked. The owner or operator shall identify a responsible person for public inquires throughout the life of the installation.

(h)

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 hazardous materials are utilized within the solar equipment, then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required.

(i)

Unauthorized access. The solar energy system shall be designed to allow access within the area of proposed limit of work to authorized personnel only. Electrical equipment shall be locked where applicable.

Waivers. The SPGA/site plan review authority may waive, by an affirmative vote of the majority of the SPGA/site plan review authority, any of the submittal and design requirements if it determines that strict compliance with those submittal and design requirements, because of the size or unusual nature of the proposed building(s) or structure(s), may not be in the public interest.

Site plan review criteria. In the review and evaluation of the site plan and in making a final determination, the SPGA/site plan review authority shall consider the following criteria:

Provide adequate access to each structure for fire and emergency service equipment;

Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;

(3)

Minimize the volume of cut and fill, the number of removed trees that are six inches or more in caliper, the area of wetland vegetation displaced, soil erosion, and threat of air and water pollution;

(4)

Provide adequate stormwater management and other utilities consistent with the functional requirements of the North Andover Stormwater Regulations,[2] Department of Environmental Protection, Massachusetts Stormwater Management Handbook (as revised);

[2]

Editor's Note: See Ch. 165, Stormwater Management and Erosion Control; and Ch. 250, the stormwater regulations.

(5)

Minimize obstruction of scenic views from publicly accessible locations;

(6)

Maximize pedestrian and vehicular safety both on the site, including ingress and egress;

(7)

Minimize glare from headlights and lighting intrusion;

(8)

Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and

(9)

Ensure compliance with the provisions of this Zoning Bylaw, including parking, signs, landscaping, environmental standards and other pertinent sections.

Final action.

No solar energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a site plan review or special permit from the SPGA/site plan review authority and a building permit from the Building Inspector;

The SPGA shall not approve any such application for a special permit unless it finds that, in its judgment, all the conditions stated in § 195-10.7A of the Zoning Bylaw are met.

§ 195-8.90 Monitoring, maintenance, and reporting for large-scale ground-mounted solar energy systems.

Solar energy system installation conditions. The large-scale ground-mounted solar energy system applicant(s) shall maintain the system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless accepted as a public way.

Annual reporting. The applicant(s) of the installation shall submit an annual report demonstrating and certifying compliance with the operations and maintenance plan required herein and the requirements of this section and their approved site plan, including control of vegetation, noise standards, and adequacy of road access. The annual report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the system. The report shall be submitted to the Planning Director, Fire Chief, Emergency Management Director, Building Commissioner, Board of Health and Conservation Commission (if a wetlands permit was issued) no later than 45 days after the end of the calendar year.

§ 195-8.91 Modifications to approved site plans.

All material modifications to a solar energy system made after issuance of the site plan review or special permit shall require approval by the SPGA/site plan review authority as provided in this section; and

Modifications to an approved site plan shall be allowed upon submission of a written description to the SPGA/site plan review authority of the proposed modifications. The request for modification shall be subject to the submittal, review and hearing procedures as required for new filings unless the SPGA/site plan review authority finds that the proposed modifications satisfy the review criteria and the site plan, as modified, would be consistent with the originally approved plan and therefore a new public hearing may not be required.

§ 195-8.92 Abandonment or decommissioning.

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 B of this section shall be removed. The applicant(s) shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the SPGA/site plan review authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.